Colorado Energy Office

C.R.S. tit. 24, art. 38.5
in effect

C.R.S. § 24-38.5-101 Colorado energy office - creation

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.

C.R.S. § 24-38.5-102 Colorado energy office - duties and powers - definitions

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; d 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. sentatives, 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.

C.R.S. § 24-38.5-102.4 Energy fund - creation - use of fund - definitions - report - repeal

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. Interest and income earned on the deposit and investment of money in the energy fund are credited to the fund. 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. (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. 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) Within three days after June 14, 2021, the state treasurer shall transfer forty million dollars from the general fund to the energy fund created in subsection (1)(a) of this section. The Colorado energy office shall use the money transferred under this subsection (3)(a) in a manner consistent with subsections (2)(b) and (2)(c) of this section and for the purposes of: (I) Making grants to the Colorado Clean Energy Fund, a Colorado nonprofit corporation, not to exceed a total of thirty million dollars; (II) Making grants to the Colorado new energy improvement district created in section 32-20-104, not to exceed a total of three million dollars; (III) Increasing the amount used, expended, or obligated on the residential energy upgrade loan program administered by the Colorado energy office and the Colorado Clean Energy Fund by up to two million dollars; and (IV) Increasing the amount used, expended, or obligated on the charge ahead Colorado program administered by the Colorado energy office by up to five million dollars. (b) (I) The Colorado energy office shall use, expend, or obligate at least seventy-five percent of the money for the uses specified in subsection (3)(a) of this section prior to July 1, 2022, and at least eighty-five percent of the money prior to July 1, 2023. (II) On June 30, 2025, the state treasurer shall transfer to the general fund any money in the energy fund created in subsection (1)(a) of this section that was transferred to the energy fund under subsection (3)(a) of this section and that remains unused, unexpended, and unobligated as of that date. (c) (I) On January 15, 2022, and annually thereafter until all state money has been used by grant recipients pursuant to this subsection (3), the Colorado energy office shall provide a report with full accounting of the use of all grant money awarded. The report must include amounts and dates for how grant money has been used by each of the entities, including the names of all contractors, vendors, grantees, or recipients of state money, how the money was to be used, and all overhead and administrative costs associated with using the money. The Colorado energy office shall distribute copies of the reports as follows: (A) To the office of state planning and budgeting, the house of representatives energy and environment committee, and the senate transportation and energy committee or the successors to those entities; and (B) To the general assembly in accordance with section 24-1-136 (9). (II) In addition to making the reports specified in subsection (3)(c)(I) of this section, the Colorado energy office shall incorporate the information contained in those reports into its annual presentations under section 2-7-203. (d) This subsection (3) is repealed, effective July 1, 2025. (4) Repealed.

C.R.S. § 24-38.5-102.5 Innovative energy fund - creation - use of fund - definitions - repeal

24-38.5-102.5. Innovative energy fund - creation - use of fund - definitions - repeal. (1) (a) The innovative energy fund is hereby 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. Interest and income earned on the deposit and investment of money in the innovative energy fund is credited to the fund. 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. (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.

C.R.S. § 24-38.5-102.6 Climate change mitigation and adaptation fund - creation - use

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 hereby created in the state treasury. The fund consists of: (a) Civil penalties 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.

C.R.S. § 24-38.5-102.7 Colorado energy saving mortgage program - definitions

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. e 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. unts, 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.

C.R.S. § 24-38.5-103 Electric vehicle grant fund - creation - administration - legislative declaration

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; and (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). (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.

C.R.S. § 24-38.5-104 Photovoltaic installer qualifications - cooperation with department of regulatory agencies

24-38.5-104. Photovoltaic installer qualifications - cooperation with department of regulatory agencies. (Repealed)

C.R.S. § 24-38.5-105 Clean energy improvement debt reserve fund - authorization - use

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. ts 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.

C.R.S. § 24-38.5-106 Financing of capital projects to make state government more energy efficient - financed purchase of asset agreements - legislative declaration - definition

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. artment 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 paragraph (a) of this subsection (2), any projects on the prioritized list proposed by the Colorado energy office and approved by the office of state planning and budgeting for buildings or facilities operated and maintained by the department of transportation shall be deemed to be finally approved and shall be included on the prioritized list submitted to the capital development committee for informational purposes only. (3) (a) Upon receipt of the letter from the capital development committee regarding its review pursuant to subsection (2) of this section, the state treasurer may enter into one or more financed purchase of an asset or certificate of participation agreements on behalf of the state in order to generate the proceeds needed to complete the projects. A financed purchase of an asset or certificate of participation agreement: (I) May be entered into with any for-profit or nonprofit corporation, trust, or commercial bank as a trustee, as lessor; (II) Shall be limited to a total par value, including costs of issuance, of all such instruments issued, distributed, and sold of no more than seventy-three million dollars; (III) Shall include provisions that: (A) Specify that all payment obligations of the state under the financed purchase of an asset or certificate of participation agreement are subject to annual appropriation by the general assembly and that obligations shall not be deemed or construed as creating an indebtedness of the state within the meaning of any provision of the state constitution or the laws of the state concerning or limiting the creation of indebtedness by the state; (B) Indicate that if the state does not renew the agreement, the sole security available to the lessor shall be the property that is the subject of the nonrenewed agreement; and (C) Allow the state to receive title to the real and personal property that is the subject of the agreement on or prior to the expiration of the entire term of the agreement, including all optional renewal terms; (IV) May include: (A) Provisions for the issuance, distribution, and sale of instruments evidencing rights to receive rentals and other payments made and to be made under the agreement. Such instruments shall not be notes, bonds, or any other evidence of indebtedness of the state within the meaning of any provision of the state constitution or the laws of the state concerning or limiting the creation of indebtedness by the state. (B) Such other terms, provisions, and conditions as the state treasurer may deem appropriate. (b) Only a building or facility subject to an energy performance contract, as defined in section 24-30-2001 (1), that is under consideration by the office of the state architect as of thirty days following June 10, 2010, may be the subject of a financed purchase of an asset or certificate of participation agreement entered into by the state treasurer pursuant to this subsection (3). (c) The state, acting by and through the state treasurer, may enter into ancillary agreements and instruments deemed necessary or appropriate in connection with a financed purchase of an asset or certificate of participation agreement authorized pursuant to this subsection (3), including but not limited to deeds, leases, subleases, easements, or other instruments relating to the real property on which the facilities are located. ough the state treasurer, may enter into ancillary agreements and instruments deemed necessary or appropriate in connection with a financed purchase of an asset or certificate of participation agreement authorized pursuant to this subsection (3), including but not limited to deeds, leases, subleases, easements, or other instruments relating to the real property on which the facilities are located. (d) The provisions of section 24-30-202 (5)(b) shall not apply to a financed purchase of an asset or certificate of participation agreement or any ancillary agreement or instrument authorized pursuant to this subsection (3). Any provision of the fiscal rules promulgated pursuant to section 24-30-202 (1) and (13) that the state controller deems to be incompatible or inapplicable with respect to such a financed purchase of an asset or certificate of participation agreement or ancillary agreement or instrument may be waived by the controller or his or her designee within the office of the state controller. (e) Interest paid under a financed purchase of an asset or certificate of participation agreement, including interest represented by such instruments, shall be exempt from state income tax. (f) Notwithstanding the authority of the capital development committee of the general assembly to authorize, after approval by the office of state planning and budgeting, the state treasurer to enter into financed purchase of an asset or certificate of participation agreements on behalf of the state, in order to ensure that financed purchase of an asset or certificate of participation agreements are entered into under favorable financial market conditions, the state treasurer shall have sole discretion to determine the timing of the state treasurer's entry into any financed purchase of an asset or certificate of participation agreement on behalf of the state pursuant to this subsection (3). (g) The state treasurer shall coordinate with the office of state planning and budgeting in regard to the schedule of payments required in connection with any financed purchase of an asset or certificate of participation agreement. (h) Once a financed purchase of an asset or certificate of participation agreement has been executed, the state treasurer shall submit the schedule for annual payments to the office of state planning and budgeting and the joint budget committee of the general assembly. The office of state planning and budgeting shall submit a budget request to the joint budget committee to reduce any corresponding operating appropriations for state capital facilities realizing utility cost savings from projects financed by financed purchase of an asset or certificate of participation agreements and to appropriate annual payments in the capital construction section of the budget for those facilities for which operation and maintenance is funded in whole or in part with money that is subject to state appropriation. Upon receipt of the budget request from the office of state planning and budgeting, the joint budget committee shall recommend to the general assembly an appropriation for annual payments in the capital construction section of the budget and a reduction of the same amount in the applicable utilities line item of the operating budget. The office of state planning and budgeting and the joint budget committee recommendation shall also include an appropriation of the original funding sources of the utility line item equal to the identified savings for transfer to the energy efficiency project proceeds fund created in subsection (4) of this section unless such transfer is prohibited by the requirements of the original funding source. It is the intent of the general assembly that the utilities line item reduction be permanent, and that any future appropriated increases be defended in relation to the balance for utilities that remain in the line. transfer to the energy efficiency project proceeds fund created in subsection (4) of this section unless such transfer is prohibited by the requirements of the original funding source. It is the intent of the general assembly that the utilities line item reduction be permanent, and that any future appropriated increases be defended in relation to the balance for utilities that remain in the line. (4) The energy efficiency project proceeds fund is hereby created in the state treasury. The principal of the fund shall consist of money received by the state in connection with any financed purchase of an asset or certificate of participation agreements entered into pursuant to subsection (3) of this section and any other legally available money that may be appropriated or transferred to the fund. All interest and income derived from the deposit and investment 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 shall remain in the fund and shall not be credited or transferred to the general fund or any other fund. Money in the fund that was received by the state in connection with any financed purchase of an asset or certificate of participation agreement and that is trustee funds may be expended by the state treasurer, and other money in the fund not identified for funding annual payments or to be used to defray any incremental costs incurred by the state controller in managing accounting and reporting requirements related to financed purchase of an asset or certificate of participation agreements entered into pursuant to subsection (3) of this section is hereby continuously appropriated to the state treasurer, for the purpose of making disbursements necessary to complete projects associated with current utility cost-savings contracts that are authorized to be financed through financed purchase of an asset or certificate of participation agreements entered into by the state treasurer on behalf of the state pursuant to subsection (3) of this section. Money in the fund shall also be subject to appropriation by the general assembly for the purpose of paying the principal of and interest on and defraying any incremental costs incurred by the state controller in managing accounting and reporting requirements related to such financed purchase of an asset or certificate of participation agreements.

C.R.S. § 24-38.5-107 Colorado energy office - subject to audit

24-38.5-107. Colorado energy office - subject to audit. No later than January 15, 2017, the state auditor shall complete a performance audit of the Colorado energy office. The state auditor shall present the performance audit report to the legislative audit committee. After the performance audit report is released by the legislative audit committee, the state auditor shall provide copies, in accordance with section 24-1-136 (9), to the house agriculture, livestock, and natural resources committee, the senate agriculture and natural resources committee, and the joint budget committee.

C.R.S. § 24-38.5-108 State agency coordination of review of federal license and license exemption applications for hydroelectric energy projects - legislative declaration - definitions - guidelines

24-38.5-108. State agency coordination of review of federal license and license exemption applications for hydroelectric energy projects - legislative declaration - definitions - guidelines. (1) Legislative declaration. The general assembly hereby finds and declares that: (a) Hydroelectric energy is a reliable, affordable, and sustainable energy source and is the largest source of clean energy in the United States; (b) As of 2005, there were sixty-two operating hydroelectric energy facilities throughout Colorado, with a combined capacity of one thousand one hundred sixty-two megawatts; (c) According to a recent bureau of reclamation study, Colorado currently has more than thirty sites on which new hydroelectric energy facilities could be placed and a federal department of energy report identifies another eleven potential sites. If all of the identified sites were constructed, they could power over sixty-five thousand homes each year. (d) (I) To construct, operate, or maintain a nonfederal hydroelectric energy facility, a person must apply to FERC for a license or a license exemption if the facility is located on navigable waters in the United States, occupies lands of the United States, utilizes surplus water or water power from a United States government dam, or, under some circumstances, is located on a stream over which the United States congress has commerce clause jurisdiction; (II) As part of FERC's licensing process, an applicant for a hydroelectric energy facility license or license exemption must meet specific prefiling consulting requirements, including a requirement to consult with relevant state agencies about the proposed project and to provide those agencies with an opportunity to comment on the application and request any studies that may be relevant to the proposed project; (III) To promote the construction and operation of new hydroelectric energy facilities, the United States congress passed the "Hydropower Regulatory Efficiency Act of 2013", federal Public Law 113-23, as amended, which exempts certain hydroelectric energy facilities that have an installed capacity of fewer than ten thousand kilowatts from the licensing requirements and streamlines the approval process for hydroelectric energy facilities generally; and (e) To further promote the construction and operation of new hydroelectric energy facilities in Colorado, the role of state agencies in consulting on a hydroelectric energy facility application for a federal license or license exemption should be streamlined. To that end, the general assembly designates the office as the coordinating state agency to facilitate the timely state agency review of a proposed project. (2) Definitions. As used in this section, unless the context otherwise requires: (a) "Applicant" means a person applying for a FERC license or license exemption for a hydroelectric energy facility. (b) "FERC" means the federal energy regulatory commission. (c) "Hydroelectric energy" means the generation and delivery to the interconnection meter of any source of electrical or mechanical energy by harnessing the kinetic energy of water. "Hydroelectric energy" includes pumped hydroelectricity, as defined in section 40-2-123 (3.2)(c)(II), C.R.S. (d) "Office" means the Colorado energy office. (3) Coordination of state agency review by the Colorado energy office. (a) An applicant in Colorado must contact, and submit relevant documentation to, the office for the purpose of obtaining state agency review of his or her FERC application, as required as part of the consultation requirements set forth in 18 C.F.R. 4.38 concerning FERC license and license exemption procedures. o energy office. (3) Coordination of state agency review by the Colorado energy office. (a) An applicant in Colorado must contact, and submit relevant documentation to, the office for the purpose of obtaining state agency review of his or her FERC application, as required as part of the consultation requirements set forth in 18 C.F.R. 4.38 concerning FERC license and license exemption procedures. (b) The office shall coordinate state agency review of the application by providing the following to all relevant state agencies with potential interest in the applicant's hydroelectric energy project: (I) Notice via e-mail of the application; (II) Electronic copies of any documentation received from the applicant; (III) A general description of the FERC review process; and (IV) The deadline by which the other state agencies must submit any comments about the application to the office. The office shall set a deadline that is sufficiently in advance of the expiration of the comment period provided for by FERC to allow the office to compile other agencies' comments and its own comments for timely submission to FERC. (c) Upon the expiration of the deadline set by the office for other agencies to review an application, the office shall compile any comments from other agencies and its own comments and submit the comments to FERC before the expiration of the comment period established by FERC. Thereafter, the office shall serve as a liaison between FERC and the other state agencies concerning any discussion of the comments submitted. (d) The office shall provide information on its website about the streamlined review process set forth in this section. (e) The director of the office may establish guidelines concerning the process and deadlines for disseminating information to other state agencies and collecting other state agencies' comments.

C.R.S. § 24-38.5-109 Aggregation of efficiency or renewable energy projects in small or rural schools and small or rural communities in order to attract private sector investment through performance contracting - legislative declaration - definitions

24-38.5-109. Aggregation of efficiency or renewable energy projects in small or rural schools and small or rural communities in order to attract private sector investment through performance contracting - legislative declaration - definitions. (1) The general assembly hereby finds and declares that: (a) Performance contracting is an important tool that has been utilized by the state for over fifteen years. The state has established powerful working relationships with private sector energy performance contracting professionals, known as energy service companies, to finance energy savings upgrades for state agencies, school districts, special districts, counties and municipalities, and even at the state capitol building. (b) Some small or rural communities lack the opportunity for the benefits of performance contracting, so engaging such communities through education and existing resources is sound policy; (c) Such small or rural communities often lack assets or building inventory to attract performance contracting capital; (d) Since much of the infrastructure in small or rural communities is outdated, costly to maintain, and energy intensive, efficiency upgrades are needed for buildings, mechanical equipment, electrical systems, lighting, water, motor vehicle fleets, and community entity-owned fueling stations for such motor vehicle fleets; (e) Regional identification of efficiency projects and renewable energy projects in small or rural communities is important; (f) Aggregating efficiency projects or renewable energy projects in small or rural communities into a dynamic multidimensional portfolio of an acceptable size to attract private sector financing to such communities without creating an obligation of the state will open up the financial market for performance contracting in such communities, will engage the use of local contractors, and will create local jobs; and (g) As a result of such aggregation, small or rural community leaders will be supported in their pursuit to make Colorado more energy efficient, equip such communities with much needed modernized infrastructure, and reduce life-cycle costs for taxpayer-supported entities. (2) As used in this section, unless the context otherwise requires: (a) "Community entity" means a school district, special district, or county or municipality in a small or rural community in the state. (b) "Diverse" means a range of efficiency projects and renewable energy projects based on geography, size, long-term and short-term payback periods, overall cost, and types of efficiency projects and renewable energy projects. (c) "Efficiency projects" means one or more projects of a community entity that results in the more efficient use of energy or resources, such as: (I) Installing equipment and related infrastructure that will help defray energy costs; (II) Improving the energy efficiency of a building including but not limited to addressing lighting issues, improving mechanical systems and equipment, improving the building envelope, or improving operations management; (III) Reducing water usage or consumption; (IV) Re-engineering or improving water or wastewater treatment facilities; or (V) Improving the energy usage of motor vehicle fleets or community entity-owned fueling stations for such motor vehicle fleets, including but not limited to increasing the use of alternative fuel vehicles in such motor vehicle fleets. (d) "Office" means the Colorado energy office created in section 24-38.5-101. (e) "Performance contract" means a contract similar to the contracts described in section 24-30-2001 or 24-38.5-106; except that a performance contract allowed pursuant to this section may not create a financial obligation to the state. ed to increasing the use of alternative fuel vehicles in such motor vehicle fleets. (d) "Office" means the Colorado energy office created in section 24-38.5-101. (e) "Performance contract" means a contract similar to the contracts described in section 24-30-2001 or 24-38.5-106; except that a performance contract allowed pursuant to this section may not create a financial obligation to the state. (f) "Renewable energy projects" means one or more projects of a community entity to install equipment and related infrastructure for renewable energy generation, including, but not limited to geothermal, hydroelectric, wind, solar, or biomass energy. (3) In an effort to simplify the process for small and rural communities, the office shall consult with the energy service companies on its list of prequalified energy service companies and have a list available of those prequalified energy service companies that are interested and prepared to work in each region where the department of local affairs maintains a regional office and field staff. (4) (a) Without creating a financial obligation to the state, the office may, within existing resources, work together with its prequalified energy service companies to ascertain efficiency projects or renewable energy projects that can be aggregated to create a larger portfolio of diverse efficiency projects or renewable energy projects with costs totaling an amount that in a favorable financial market will attract the investment of private sector banks or investors through performance contracts. In the event such a larger portfolio of diverse efficiency projects or renewable energy projects is established pursuant to this subsection (4) and financed, the financing documents must include a cost of issuance fee payable to the department of local affairs of a percentage of the issuance, not to exceed one percent, that must be credited to the efficient schools and communities performance contracting fund. (b) Once there is sufficient money in the efficient schools and communities performance contracting fund from the cost of issuance fee described in paragraph (a) of this subsection (4), in the event a community entity's efficiency project or renewable energy project is not financed, the department of local affairs shall consult with the office in cooperation with the prequalified energy service companies determined to work within that community entity's region as described in subsection (3) of this section to review the community entity's need and, if approved, award a grant to such community entity for a reimbursement of a portion of the technical energy audit completed by the community entity from the cost of issuance fees credited to the fund pursuant to paragraph (a) of this subsection (4). A prequalified energy service company may also seek and the department of local affairs, in consultation with the office, may award a grant from the cost of issuance fees credited to the fund for a portion of the energy service company's costs if an efficiency project or renewable energy project is not financed. All grants awarded by the department of local affairs pursuant to this paragraph (b) must be prioritized by need and may not exceed the available cost of issuance fees. (5) The office shall provide facilitation and technical support for community entities that have been aggregated as described in paragraph (a) of subsection (4) of this section and shall create and provide standardized documents to support local performance contracts. (6) The office may consult with nonprofit organizations and the department of local affairs to provide education and outreach to community entities regarding the advantages of performance contracting for purposes of completing efficiency projects or renewable energy projects in such community entities. ion and shall create and provide standardized documents to support local performance contracts. (6) The office may consult with nonprofit organizations and the department of local affairs to provide education and outreach to community entities regarding the advantages of performance contracting for purposes of completing efficiency projects or renewable energy projects in such community entities. (7) There is hereby created in the state treasury the efficient schools and communities performance contracting fund, referred to in this section as the "fund", consisting of the cost of issuance fees credited to the department of local affairs pursuant to paragraph (a) of subsection (4) of this section. The moneys in the fund are continuously appropriated by the general assembly to the department of local affairs for awarding grants as specified in paragraph (b) of subsection (4) of this section. In the event the department of local affairs cannot implement the grant program within existing resources, then the department of local affairs may expend up to five percent annually of the moneys in the fund to offset the costs incurred in implementing the grant program. The state treasurer may invest any moneys in the fund not expended for the purpose of this section as provided by law. The state treasurer shall credit all interest and income derived from the investment and deposit of moneys in the fund to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year remain in the fund and shall not be credited or transferred to the general fund or another fund.

C.R.S. § 24-38.5-110 Electric vehicle plan and greenhouse gas pollution reduction roadmap - annual progress reports

24-38.5-110. Electric vehicle plan and greenhouse gas pollution reduction roadmap - annual progress reports. For state fiscal year 2022-23, and for each subsequent state fiscal year, the Colorado energy office and the department of public health and environment shall, after consultation with the department of transportation, jointly prepare and present to the transportation and local government and energy and environment committees of the house of representatives and the transportation and energy committee of the senate, or any successor committees, an annual report detailing the progress made toward the electric motor vehicle adoption goals set forth in the "Colorado Electric Vehicle Plan 2020" and the transportation sector greenhouse gas pollution reduction goals set forth in the "Colorado Greenhouse Gas Pollution Reduction Roadmap", published by the Colorado energy office. The community access enterprise created in section 24-38.5-303 (1) and the clean fleet enterprise created in section 25-7.5-103 (1)(a) shall also post the annual report on their websites.

C.R.S. § 24-38.5-111 Social cost of greenhouse gas pollution - estimate methodology

24-38.5-111. Social cost of greenhouse gas pollution - estimate methodology. Except where a different methodology is prescribed by law, the Colorado energy office, the department of transportation, and the department of public health and environment shall, when estimating the social costs of greenhouse gas pollution, base their estimate on the most recent assessment of the social cost of carbon dioxide and other greenhouse gas pollutants developed by the federal government using a discount rate that is two and one-half percent or less and does not yield a lower estimate of costs than the costs published in the technical support document of the federal interagency working group on the social cost of greenhouse gases entitled "Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866".

C.R.S. § 24-38.5-112 Building performance program - duties of the office - county assessor records database - fees - definitions

24-38.5-112. Building performance program - duties of the office - county assessor records database - fees - definitions. (1) The Colorado energy office shall implement a building performance program as follows: (a) Based on county assessor records and other available sources of information, the office shall administer the building performance program by: (I) Creating a database of covered buildings and of owners required to comply with the building performance program; (II) Tracking compliance with the building performance program; (III) Maintaining a list of noncompliant owners; and (IV) In a form and manner determined by the office, in consultation with the division of administration in the department of public health and environment, periodically providing the division with a list of noncompliant owners for the division's enforcement of the building performance program pursuant to section 25-7-122 (1)(i). (b) Upon request of the office, a county assessor shall, if feasible using existing resources, provide readily available property data from existing records to the office as necessary for implementation of this section. (c) The office shall make publicly available, through digitally interactive maps, lists, or other technology as determined by the office, benchmarking data for all covered buildings that have reported in each year pursuant to section 25-7-142 (3). The publicly available data must not include any contact information for a covered building that is not otherwise publicly available. (d) The office shall coordinate with any local government that implements its own energy benchmarking or energy performance program, including the coordination of reporting requirements. (e) (I) Except as provided in subsection (1)(e)(II) of this section, to finance the office's administration of the building performance program, the office shall collect from each owner of a covered building an annual fee of one hundred dollars per covered building. The office shall transfer the fees collected to the state treasurer, who shall credit them to the climate change mitigation and adaptation fund created in section 24-38.5-102.6. (II) The owner of a public building is exempt from paying the annual fee described in subsection (1)(e)(I) of this section. (2) To implement the building performance program, the Colorado energy office shall assist building owners to increase energy efficiency and reduce greenhouse gas emissions from their buildings, including by providing outreach, training, technical assistance, and grants to building owners to help their buildings come into compliance with the building performance program. (3) As used in this section, unless the context otherwise requires: (a) "Benchmarking data" has the meaning set forth in section 25-7-142 (2)(d). (b) "Building performance program" means the benchmarking requirements set forth in section 25-7-142 (3) and performance standard requirements set by the commission by rule pursuant to section 25-7-142 (8)(c). (c) "Colorado energy office" or "office" means the Colorado energy office created in section 24-38.5-101. (d) "Commission" means the air quality control commission created in section 25-7-104 (1). (e) "Covered building" has the meaning set forth in section 25-7-142 (2)(j). (f) "Owner" has the meaning set forth in section 25-7-142 (2)(r).

C.R.S. § 24-38.5-113 Grid resilience and reliability roadmap - microgrid development - stakeholder input - definitions - reporting

24-38.5-113. Grid resilience and reliability roadmap - microgrid development - stakeholder input - definitions - reporting. (1) (a) (I) On or before January 1, 2025, the office, in collaboration with the department and the resiliency office, shall produce a grid resilience and reliability roadmap, and the roadmap shall be posted on the office's and department's websites. On or before March 1, 2025, representatives of the office and the department shall present the roadmap to the house of representatives energy and environment committee and the senate transportation and energy committee, or their successor committees. The office shall submit a copy of the roadmap to the public utilities commission. (II) On or before July 1, 2024, the office shall: (A) Publish a draft roadmap; (B) Post the draft roadmap on its website and provide a mechanism for receiving public comment on the draft roadmap; and (C) Allow public comment on the draft roadmap for at least thirty days. (III) The office, in collaboration with the department and the resiliency office, shall review any comments received about the draft roadmap. (b) (I) In accordance with subsection (1)(b)(II) of this section, the office, department, and resiliency office shall engage in a series of stakeholder meetings with interested persons throughout the state, including but not limited to the interested persons listed in subsection (1)(b)(II) of this section, and give consideration to stakeholder input received when developing the roadmap. (II) In conducting stakeholder meetings pursuant to subsection (1)(b)(I) of this section, the office, department, and resiliency office shall seek input from the following groups: (A) Microgrid developers; (B) The public utilities commission and the commission's staff; (C) The office of the utility consumer advocate created in section 40-6.5-102 (1); (D) Utilities; (E) Representatives of disproportionately impacted communities; (F) Representatives of communities at the highest risk of power outages as described in subsection (2)(b)(IV) of this section; (G) Representatives of municipal, county, or city and county governments; (H) Representatives of commercial and industrial utility customers; (I) Representatives of labor organizations; and (J) Representatives from the department of public safety created in section 24-33.5-103 (1), representatives from the division of homeland security and emergency management created in section 24-33.5-1603 (1), representatives from the division of fire prevention and control created in section 24-33.5-1201 (1)(a), and other representatives of critical infrastructure in the state. (III) In addition to seeking input from the groups listed in subsection (1)(b)(II) of this section, the office, department, and resiliency office, when developing the roadmap, shall take into consideration utility wildfire mitigation plans. (2) (a) (I) In developing the roadmap, the office, department, and resiliency office shall include guidance regarding whether, how, and in what manner microgrids may be used to: (A) Help harden the grid and improve grid resilience and reliability for individual customers; (B) Help harden the grid and improve grid resilience and reliability for communities and multiple customers; (C) Deliver and manage electricity and the necessary infrastructure in circumstances where extending distribution infrastructure may not be practicable; and (D) Operate autonomously and disconnected from the grid, when necessary, to serve the electricity needs of communities, neighborhoods, or buildings. (II) To the extent practicable, the roadmap must include examples of the different ways that microgrids can be deployed to achieve the goals set forth in subsection (2)(a)(I) of this section and the key factors to consider when deploying microgrids. (D) Operate autonomously and disconnected from the grid, when necessary, to serve the electricity needs of communities, neighborhoods, or buildings. (II) To the extent practicable, the roadmap must include examples of the different ways that microgrids can be deployed to achieve the goals set forth in subsection (2)(a)(I) of this section and the key factors to consider when deploying microgrids. (b) In developing the roadmap, the office, department, and resiliency office may: (I) Identify the state's goals with regard to microgrids; (II) Examine whether and in what manner microgrids improve: (A) Grid resilience and reliability; (B) Greenhouse gas emission reductions; (C) The state's transition to clean energy; and (D) The use of beneficial electrification, as defined in section 40-1-102 (1.2), and load management; (III) Identify types of critical facilities and infrastructure in the state for which projects to improve grid resilience and reliability may be prioritized. "Critical facilities and infrastructure" includes the following types of facilities: (A) Emergency services; (B) Public works; (C) Energy; (D) Telecommunications and broadband; (E) Hospitals and other health-care services; (F) Government; (G) Schools; (H) Information technology facilities for public institutions; and (I) Any other facilities identified by the office and resiliency office. (IV) Identify communities that are at the highest risk of power outages in the state due to natural disasters or are otherwise most vulnerable to grid interruptions, including an identification of the disproportionately impacted communities that are at higher risk of power outages; (V) In consideration of the technology available at the time of the development of the roadmap, assess whether and how microgrids may be able to: (A) Protect critical facilities and infrastructure and high-risk communities from the negative effects of natural disasters, fuel transport and delivery disruptions, cyber attacks, or electromagnetic interference caused by electromagnetic pulses; (B) Reduce the negative effects of power outages and grid interruptions arising from normal disruptions of the grid, such as lightning strikes, high winds, wildlife interactions, and fallen tree limbs; (C) Dynamically utilize demand-side resources; (D) Improve customer options, including cost impacts and benefits to the customer served by the microgrid and to other customers served by the utility; (E) Be included in distributed energy resource planning; (F) Help consumers reduce energy costs, especially those consumers located in rural areas of the state; and (G) Help ensure the state meets its greenhouse gas emission reductions goals, as set forth in section 25-7-102 (2)(g); (VI) Identify legal, regulatory, economic, and other barriers to developing and deploying microgrids in the state, including rights-of-way issues and rate structures, and provide recommendations on how to overcome such barriers; (VII) Explore opportunities to foster public-private partnerships, including utility pilot programs and cost-recovery mechanisms to support utility resilience initiatives; (VIII) Recommend a process for: (A) Nominating qualifying types of critical facilities and infrastructure, as described in subsection (2)(b)(III) of this section, and at-risk communities, as described in subsection (2)(b)(IV) of this section; and (B) Prioritizing the qualifying types of critical facilities and infrastructure and at-risk communities for projects to improve grid resilience and reliability; (IX) Identify the need for financial and technical support, education, and outreach for microgrid development and deployment; and )(III) of this section, and at-risk communities, as described in subsection (2)(b)(IV) of this section; and (B) Prioritizing the qualifying types of critical facilities and infrastructure and at-risk communities for projects to improve grid resilience and reliability; (IX) Identify the need for financial and technical support, education, and outreach for microgrid development and deployment; and (X) Develop recommendations, including legislative recommendations for the general assembly and administrative recommendations for state agencies, including the public utilities commission, and utilities, on issues related to microgrid safety, development, maintenance, and deployment including recommendations regarding: (A) A proposed statutory definition of the term "microgrid"; (B) Key factors to consider in the safety, development, maintenance, and deployment of microgrids; (C) Key factors to consider with respect to worker licensing and certification in relation to work involved in developing, maintaining, and deploying microgrids; (D) Statutory or rule changes required to enable safe and reliable microgrid development, maintenance, and deployment; (E) Metrics for evaluating the costs and benefits of microgrids; (F) How to overcome any barriers identified pursuant to subsection (2)(b)(VI) of this section; (G) Financial and technical support for microgrid safety, development, maintenance, and deployment; and (H) Education and outreach programs, including apprenticeship programs, as defined in section 8-83-308 (3)(a). (c) For any item listed in subsection (2)(b) of this section that the office, department, and resiliency office decide not to include in the roadmap, the office, department, and resiliency office shall provide an explanation setting forth their reasons for not including the item in the roadmap. (3) On or before January 1, 2030, and at least every five years thereafter, the office, in collaboration with the department and the resiliency office, shall review and, if necessary, update the roadmap. In reviewing the roadmap, the office, department, and resiliency office shall engage in a stakeholder process with interested persons throughout the state in accordance with the stakeholder process set forth in subsection (1)(b) of this section. If the roadmap is updated, the office and department shall post the updated roadmap on their websites and the office shall submit a copy of the updated roadmap to the public utilities commission and the members of the house of representatives energy and environment committee and the senate transportation and energy committee, or their successor committees. (4) As used in this section, unless the context otherwise requires: (a) "Department" means the department of local affairs created in section 24-1-125. (b) "Disproportionately impacted community" has the meaning set forth in section 24-4-109 (2)(b)(II). (c) "Greenhouse gas" has the meaning set forth in section 2-2-322.3 (1)(a). (d) "Grid" means an interconnected network of facilities for a utility's delivery of electricity to consumers. (e) "Office" means the Colorado energy office created in section 24-38.5-101 (1). (f) "Public utilities commission" means the public utilities commission created in section 40-2-101 (1). (g) "Resiliency office" means the Colorado resiliency office created in section 24-32-121 (1). (h) "Roadmap" means the grid resilience and reliability roadmap developed pursuant to this section. (i) "Utility" means an electric utility in the state.

C.R.S. § 24-38.5-114 Ozone season transit grant program - fund - creation - policies - report - definitions - repeal

24-38.5-114. Ozone season transit grant program - fund - creation - policies - report - definitions - repeal. (Repealed)

C.R.S. § 24-38.5-114.5 Zero fare transit grant programs - ozone season - youth fare free - zero fare transit fund - creation - policies - report - definitions - repeal

24-38.5-114.5. Zero fare transit grant programs - ozone season - youth fare free - zero fare transit fund - creation - policies - report - definitions - repeal. (1) As used in this section, unless the context otherwise requires: (a) "CASTA" means the Colorado association of transit agencies. (b) "Eligible transit agency" means a transit agency that is: (I) A regional service authority providing surface transportation pursuant to part 1 of article 7 of title 32, a regional transportation authority created pursuant to part 6 of article 4 of title 43, or any other political subdivision of the state, public entity, or nonprofit corporation providing mass transportation services to the general public other than the regional transportation district; and (II) Eligible to receive money under a grant authorized by 49 U.S.C. sec. 5307 or 49 U.S.C. sec. 5311. (c) "Fund" means the zero fare transit fund created in subsection (8) of this section. (d) "Office" means the Colorado energy office created in section 24-38.5-101. (e) "Ozone season" means the period from June 1 to August 31 of a calendar year; except that, if an eligible transit agency operates in an area in which ozone-causing traffic levels are typically highest during a different period than June 1 to August 31 of a calendar year and the eligible transit agency identifies the different period in an application for a grant to offer fare-free service during the identified period that is submitted to CASTA in accordance with the requirements of this section, "ozone season" means, for that eligible transit agency, the different period identified in the grant application. (f) "Program" means the zero fare transit grant program created in subsection (2) of this section. (g) "Regional transportation district" means the regional transportation district established in article 9 of title 32. (h) "Transit agency" means a provider of public transportation, as defined in 49 U.S.C. sec. 5302 (15), as amended. (i) "Youth" means an individual who is nineteen years of age or younger. (2) The zero fare transit grant program is created in the office. The purposes of the program are: (a) To provide grants to CASTA for the purpose of providing grants to eligible transit agencies to offer either: (I) Free transit services for a minimum of thirty days during ozone season; or (II) Year-round fare free transit services to youth riders; and (b) To provide grants to the regional transportation district for the purpose of providing year-round fare free transit services to youth riders. (3) The office shall administer the program and award grants in accordance with this section and the policies developed by the office pursuant to subsection (7) of this section. Subject to available appropriations, grants are paid out of the fund. (4) (a) To receive a grant, CASTA or the regional transportation district must submit an application to the office in accordance with the requirements of this section and the policies established by the office in accordance with subsection (7) of this section. (b) The office shall award a grant of four million five hundred thousand dollars to CASTA and five million dollars to the regional transportation district. (c) CASTA, the regional transportation district, or an eligible transit agency that receives a grant from CASTA is not required to expend a grant in the year in which it is received and retains the grant amount until it is expended; except that any grant agreement pursuant to this section expires on June 30, 2026. (5) (a) CASTA may use the money to establish a grant program for eligible transit agencies in accordance with this section. CASTA may use a portion of the grant money to pay its direct and indirect costs in administering the grant program including reasonable costs to create a statewide marketing campaign for use by eligible transit agencies. ent pursuant to this section expires on June 30, 2026. (5) (a) CASTA may use the money to establish a grant program for eligible transit agencies in accordance with this section. CASTA may use a portion of the grant money to pay its direct and indirect costs in administering the grant program including reasonable costs to create a statewide marketing campaign for use by eligible transit agencies. (b) To receive a grant from CASTA, an eligible transit agency must submit an application to CASTA that specifies whether it is applying for a grant to provide free transit services for a minimum of thirty days during ozone season or year-round fare free transit services to youth riders. An eligible transit agency may not receive a grant for both purposes in any calendar year. In addition, the application must also describe, at a minimum, either: (I) For a grant application to provide free transit services for a minimum of thirty days during ozone season, the free transit services that will be newly provided, expanded to include additional free types of service, expanded to include additional free routes, or provided more frequently with the grant money, indicate to what extent the eligible transit agency will match the grant money with other money, and commit to providing the new or expanded free services for at least thirty days during the ozone season; or (II) For a grant application to provide year-round fare free transit services to youth riders, the free transit services that will be newly provided to youth riders with the grant money, the eligible transit agency's current youth ridership, and the method that the eligible transit agency uses to track youth riders. (c) (I) An eligible transit agency that receives a grant through CASTA may use the grant money as specified in subsection (5)(c)(II) or (5)(c)(III) of this section, as applicable. (II) An eligible transit agency that receives a grant to provide free transit services during the ozone season may use grant money to cover the costs associated with providing new or expanded free transit services within its service area during ozone season, including offering additional free services or free routes or increasing the frequency of service on routes for which the eligible transit agency currently offers free service. Grant money may be used to replace fare box revenue and to pay for other expenses necessary to implement and measure the effectiveness of the program, including reasonable marketing expenses incurred to raise awareness of free service and increase ridership, expenses incurred in conducting rider surveys to better measure the impact of the program on ridership and vehicle miles traveled in private motor vehicles, and expenses associated with an increase in ridership as a result of the program. An eligible transit agency shall not use grant money to offset or replace funding for free transit services that the eligible transit agency offers as of January 1 of the funding year; except that an eligible transit agency may use grant money that was not expended in the year in which it was received or grant money from a grant awarded for a subsequent year to continue funding for any such free transit services that were previously funded with grant money. t or replace funding for free transit services that the eligible transit agency offers as of January 1 of the funding year; except that an eligible transit agency may use grant money that was not expended in the year in which it was received or grant money from a grant awarded for a subsequent year to continue funding for any such free transit services that were previously funded with grant money. (III) An eligible transit agency that receives a grant to provide year-round fare free transit services to youth riders may use grant money to provide operating support for its transit operations and general transit programs and to pay for other expenses necessary to implement and measure the effectiveness of the program, including reasonable marketing expenses incurred to raise awareness of free service and increase ridership, expenses incurred in conducting rider surveys to better measure the impact of the program on ridership and vehicle miles traveled in private motor vehicles, and expenses associated with an increase in ridership as a result of the program so long as the eligible transit agency provides uninterrupted fare free year-round transit services for youth riders. (d) In awarding grants pursuant to this subsection (5), CASTA shall: (I) For a recipient of a grant to provide free transit services during the ozone season: (A) Allocate money among applicants with the goals of reducing ozone formation, increasing ridership on transit, and reducing vehicle miles traveled in the state; and (B) Consider the extent to which the applicant will match grant money with other money; and (II) For a recipient of a grant to provide year-round fare free transit to youth riders: (A) Allocate money among applicants with the goals of increasing youth ridership on transit, reducing ozone formation, and reducing vehicle miles traveled in the state; and (B) Consider distributing grant money using a formula developed by CASTA that takes into account youth ridership in the service area of the applicant and the extent to which the applicant will match grant money with other money; except that an applicant is not required to match grant money to be eligible to receive a grant. (e) (I) Each eligible transit agency that receives a grant shall report on the use of the money to CASTA in accordance with policies established by CASTA and the office. The report must include the information specified in subsection (5)(e)(II) or (5)(e)(III) of this section, as applicable. (II) For a recipient of a grant to provide free transit services during the ozone season, the report required in this subsection (5)(e) must include, at a minimum, information on how the grant money was spent; the free services that were offered using the grant money; and estimates of the change in ridership during the period that free services were offered compared to previous months, the same month in previous years, and the months after the program concluded. The report may include additional information, including a narrative analysis, to provide context on the ridership data included in the report. (III) For a recipient of a grant to provide year-round fare free transit to youth riders, the report required in this subsection (5)(e) must include, at a minimum, estimates of the change in youth ridership during the year in which fare free services were offered to youth riders compared to previous years, any changes that the eligible transit agency would make in how it provides fare free transit services to youth riders or in its use of the grant money based on its experiences, and how the eligible transit agency marketed the fare free transit services for youth riders. The report may include additional information, including a narrative analysis, to provide context on the ridership data included in the report. (IV) Each eligible transit agency that receives a grant through CASTA shall submit its report to CASTA by November 1, 2024, and by November 1 of each year thereafter. ow the eligible transit agency marketed the fare free transit services for youth riders. The report may include additional information, including a narrative analysis, to provide context on the ridership data included in the report. (IV) Each eligible transit agency that receives a grant through CASTA shall submit its report to CASTA by November 1, 2024, and by November 1 of each year thereafter. (f) By December 1, 2024, and by December 1 of each year thereafter, CASTA shall submit a report to the office compiling and summarizing the reported information for all eligible transit agencies that received a grant through CASTA. (g) (I) CASTA shall develop and publicize policies for the grant, including the process and deadlines for an eligible transit agency to apply for and receive a grant, the information and documentation required for the application, reporting requirements and deadlines, and any additional requirements necessary to administer the grant. (II) In addition to the requirements specified in subsection (5)(g)(I) of this section, CASTA shall provide notice that if a transit agency is applying for a grant to provide free transit services during the ozone season, the eligible transit agency must identify any period other than June 1 to August 31 of a calendar year for its ozone season in the application. (6) (a) The regional transportation district may use grant money to provide operating support for its transit operations and general transit programs and to pay for other expenses necessary to implement and measure the effectiveness of the program, including reasonable marketing expenses incurred to raise awareness of free service and increase ridership, expenses incurred in conducting rider surveys to better measure the impact of the program on ridership and vehicle miles traveled in private motor vehicles, and expenses associated with an increase in ridership as a result of the program so long as the regional transportation district provides uninterrupted fare free year-round transit services for youth riders. (b) On or before December 1 of each year for which the regional transportation district receives a grant, the regional transportation district shall submit a report to the office on the implementation of the program in accordance with the policies established by the office. The report must include, at a minimum, estimates of the change in youth ridership during the year in which fare free services were offered to youth riders compared to previous years, any changes that the regional transportation district would make in how it provides fare free transit services to youth riders or in its use of the grant money based on its experiences, and how the regional transportation district marketed the fare free transit services for youth riders. The report may include additional information, including a narrative analysis, to provide context on the ridership data included in the report. ansportation district would make in how it provides fare free transit services to youth riders or in its use of the grant money based on its experiences, and how the regional transportation district marketed the fare free transit services for youth riders. The report may include additional information, including a narrative analysis, to provide context on the ridership data included in the report. (c) The state auditor shall audit the regional transportation district's use of the grant money as part of its performance audit of the regional transportation district conducted pursuant to section 32-9-115 (3). (7) The office shall establish and publicize policies for the program. At a minimum, the policies must address the process and any deadlines for applying for and receiving a grant under the program, the information and documentation required for the application, reporting requirements and deadlines, and any additional policies necessary to administer the program. (8) (a) The zero fare transit fund is hereby created in the state treasury. The fund consists of money transferred to the fund pursuant to section 24-38.5-114 (8)(e), as it existed prior to its repeal on July 1, 2024, money transferred to the fund pursuant to section 43-4-1103 (2)(e), any other money that the general assembly appropriates or transfers to the fund, and any gifts, grants, or donations credited to the fund pursuant to subsection (9) of this section. (b) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. (c) Money in the fund is continuously appropriated to the office for the purposes specified in this section. (d) Any money that is transferred from the ozone season transit grant program fund to the fund on June 30, 2024, pursuant to section 24-38.5-114 (8)(e), as it existed prior to its repeal on July 1, 2024, that is obligated or encumbered when it is transferred shall be used for the same purpose for which it was obligated or encumbered pursuant to section 24-38.5-114, as it existed prior to its repeal on July 1, 2024. (e) On June 30, 2026, the state treasurer shall transfer any unexpended and unencumbered money remaining in the fund that was transferred pursuant to section 43-4-1103 (2)(e) to the portion of the multimodal transportation options fund that is allocated pursuant to section 43-4-1103 (2)(a)(I)(A). (9) The office may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section. The office shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the fund. (10) On or before December 31 of each year of the program, the office shall submit a report on the implementation of the program to the house of representatives transportation, housing and local government committee and the senate transportation and energy committee, or their successor committees. The report must summarize and compile the information submitted to the office pursuant to subsections (5)(e) and (6)(b) of this section.

C.R.S. § 24-38.5-115 Sustainable rebuilding program - fund - creation - policies - report - definitions

24-38.5-115. Sustainable rebuilding program - fund - creation - policies - report - definitions. (1) As used in this section, unless the context otherwise requires: (a) "Administrator" means an entity or entities that the office contracts with pursuant to subsection (2)(b) of this section to administer the program. (b) "Eligible business" means a business that owns a building or structure that was affected by a disaster emergency declared by the governor pursuant to section 24-33.5-704 (4) and that meets the eligibility criteria established by the office in policies adopted pursuant to subsection (4) of this section. (c) "Eligible homeowner" means a person or persons who own a home that was affected by a disaster emergency declared by the governor pursuant to section 24-33.5-704 (4) and that meets the eligibility criteria established by the office in policies adopted pursuant to subsection (4) of this section. (d) "Fund" means the sustainable rebuilding program fund established in subsection (7) of this section. (e) "Governmental entity" means any authority, county, municipality, city and county, district, or other political subdivision of the state; any tribal government with jurisdiction in Colorado; and any institution, department, agency, or authority of any of the foregoing. (f) "Home" means any residential structure, including a manufactured, mobile, or modular home, whether the structure is owner-occupied or is a rental property. (g) "Low-income community member" means an individual or household meeting one or more of the following criteria: (I) A household income that is less than or equal to two hundred percent of the federal poverty guideline; (II) A household income that is less than or equal to eighty percent of median income for the area; or (III) Qualification under income guidelines adopted by the department of human services pursuant to section 40-8.5-105. (h) "Office" means the Colorado energy office created in section 24-38.5-101. (i) "Program" means the sustainable rebuilding program created in subsection (2) of this section. (2) (a) The office shall, in consultation with the department of local affairs, establish the sustainable rebuilding program as a loan and grant program in accordance with the requirements of this section and the policies established by the office pursuant to subsection (4) of this section. The program may provide loans and grants from the fund to eligible homeowners and eligible businesses seeking assistance to rebuild homes and buildings after a disaster emergency declared by the governor pursuant to section 24-33.5-704 (4), with the program giving priority to eligible homeowners and eligible businesses seeking assistance to rebuild high-efficiency homes and buildings. (b) The office may contract with a governmental entity, Colorado-based nonprofit green bank with a history of and expertise in providing loans and grants for successful energy efficiency projects and services, business nonprofit organization, bank, nondepository community development financial institution, or business development corporation or other entity as determined by the office to administer the program. If the office contracts with an entity or entities to administer the program, the office shall use an open and competitive process pursuant to the state procurement code, articles 101 to 112 of this title 24, to select the entity or entities. A contract with an administrator may include an administration fee established by the office at an amount reasonably calculated to cover the ongoing administrative costs of the office in overseeing the program. The office may advance money to an entity under a contract in preparation for issuing loans and grants and administering the program. 112 of this title 24, to select the entity or entities. A contract with an administrator may include an administration fee established by the office at an amount reasonably calculated to cover the ongoing administrative costs of the office in overseeing the program. The office may advance money to an entity under a contract in preparation for issuing loans and grants and administering the program. (3) A contract with an administrator may require the administrator to repay all lending capital that is not committed to loans or grants under the program and all principal and interest that is repaid by borrowers under the program at the end of the contract period if, in the judgment of the office, the administrator has not performed successfully under the terms of the contract. The office may redeploy money repaid under this subsection (3) as grants or loans under the program or through another administrator. (4) (a) The office or, if applicable, an administrator shall establish and publicize policies for the program. At a minimum, the policies must address: (I) The process and any deadlines for applying for and receiving a loan or grant under the program, including the information and documentation required for the application; (II) Eligibility criteria for homeowners and businesses applying to the program; (III) Maximum assistance levels for loans and grants; (IV) Loan terms, including interest rates and repayment terms; (V) Any additional specifications or criteria for the uses of the grant or loan money allowed by subsection (5) of this section; (VI) Any reporting requirements for recipients, which must include the demographic data of each recipient aggregated by race, ethnicity, disability status, and income level; (VII) Any program fees, including any application fee or origination fee, and closing costs; (VIII) Underwriting and risk management policies; (IX) Equitable community outreach and equitable access to program information, including communications in the relevant languages of the community and equitable hearing, sight, and physical accessibility; and (X) Any additional policies necessary to administer the program. (b) The policies required by this subsection (4) shall be developed and implemented with a goal of ensuring that low-income community members who are most impacted by climate change receive equitable support and resources. (5) Loans and grants received from the program may be used: (a) To rebuild or rehabilitate a home or building with a highly efficient heat pump for space or water heating; (b) To achieve advanced energy certifications, including from Energy Star, the Passive House Institute U.S., the United States department of energy zero energy ready homes, or other similar programs, as determined by the office; (c) To achieve net zero energy or net zero carbon buildings with the addition of renewable energy generation; (d) To assist with the costs of installing battery storage and electric vehicle charging stations; (e) In a jurisdiction that has adopted the most recent edition of the international energy conservation code or energy requirements that exceed the requirements of that code, to assist with the incremental costs of meeting the requirements of that code compared to the previous edition of the code, taking into account the funding available from utilities and from the law, and ordinance coverage of any available homeowners insurance; and the most recent edition of the international energy conservation code or energy requirements that exceed the requirements of that code, to assist with the incremental costs of meeting the requirements of that code compared to the previous edition of the code, taking into account the funding available from utilities and from the law, and ordinance coverage of any available homeowners insurance; and (f) For other similar uses as determined by the office, including providing loans or grants pursuant to section 24-32-134 (5). (6) The office may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section. The office shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the fund. (7) (a) The sustainable rebuilding program fund is hereby created in the state treasury. The fund consists of money transferred to the fund in accordance with subsection (7)(d) of this section, any other money that the general assembly appropriates or transfers to the fund, and any gifts, grants, or donations credited to the fund pursuant to subsection (6) of this section. (b) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. (c) Money in the fund is continuously appropriated to the office for the purposes specified in this section and for the development of the disaster survivor portal described in section 24-33.5-1106 (4). (d) Three days after May 17, 2022, the state treasurer shall transfer twenty million dollars from the general fund to the sustainable rebuilding program fund created in subsection (7)(a) of this section. (8) In implementing this section, the office shall collaborate with the department of local affairs created in section 24-1-125 in order to offer streamlined customer service for the sustainable rebuilding program and the disaster resilience rebuilding program created in section 24-32-134. (9) On or before January 1, 2024, and on or before each January 1 thereafter, the office shall submit a report summarizing the program to the house of representatives energy and environment committee and the senate transportation and energy committee, or their successor committees. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (9) continues indefinitely.

C.R.S. § 24-38.5-116 Industrial and manufacturing operations clean air grant program - creation - eligibility - fund created - gifts, grants, or donations - transfer - legislative declaration - definitions - reporting - repeal

24-38.5-116. Industrial and manufacturing operations clean air grant program - creation - eligibility - fund created - gifts, grants, or donations - transfer - legislative declaration - definitions - reporting - repeal. (1) Legislative declaration. The general assembly hereby finds and declares that: (a) The industrial and manufacturing sector is one of the five largest sources of greenhouse gas pollution in the state; (b) Industrial emissions often: (I) Disproportionately impact low-income, minority, or housing cost-burdened communities in the state; and (II) Contain hazardous air pollutants that cause or exacerbate existing health conditions, which, in turn, contribute further to the existing economic disparity between the disproportionately impacted communities and other communities of the state; and (c) While state and federal regulation of industrial air pollution, including pollution from greenhouse gases, is essential for public health and for achieving state climate goals and addressing ozone nonattainment, voluntary actions are needed to achieve further reductions in industrial pollution. (2) Definitions. As used in this section, unless the context otherwise requires: (a) "Air pollutant": (I) Has the meaning set forth in section 25-7-103 (1.5); and (II) Includes air toxics, particulates, ozone precursors, and greenhouse gases. (b) "Disproportionately impacted community" has the meaning set forth in section 24-4-109 (2)(b)(II). (c) "Fund" means the industrial and manufacturing operations clean air grant program cash fund created in subsection (6) of this section. (d) "Grant program" means the industrial and manufacturing operations clean air grant program created in subsection (3)(a) of this section. (e) "Greenhouse gas" has the meaning set forth in section 2-2-322.3 (1)(a). (f) (I) "Industrial and manufacturing operations" means commercial activities in which air pollutants are emitted during or as a result of the activities. (II) "Industrial and manufacturing operations" includes, but is not limited to, operations: (A) By energy producers, refineries, meat packing plants, dairies, steel mills, cement plants, manufacturing operations, mining operations, and airline operations; and (B) At airports, wastewater treatment plants, landfills, and abandoned coal mines. (g) "Local government" means a statutory or home rule municipality, county, city and county, or special district. (h) "Nonattainment area" means an area of the state that the federal environmental protection agency has designated as being in nonattainment with a national ambient air quality standard. (i) "Office" means the Colorado energy office created in section 24-38.5-101. (j) "Public-private partnership" means a partnership between a local government and a private entity that engages in industrial and manufacturing operations. (k) "Special district" means any quasi-municipal corporation and political subdivision organized or acting pursuant to title 32, including a metropolitan district and a water and sanitation district. (l) "Voluntary project" means a project that a private entity, local government, or public-private partnership implements or plans to implement on a voluntary basis to reduce emissions of harmful air pollutants resulting from industrial and manufacturing operations. (3) Grant program. (a) The industrial and manufacturing operations clean air grant program is created to allow private entities, local governments, and public-private partnerships to apply to the office for grant money to help finance voluntary projects to reduce emissions of air pollutants from industrial and manufacturing operations. The office shall administer the grant program. ng operations. (3) Grant program. (a) The industrial and manufacturing operations clean air grant program is created to allow private entities, local governments, and public-private partnerships to apply to the office for grant money to help finance voluntary projects to reduce emissions of air pollutants from industrial and manufacturing operations. The office shall administer the grant program. (b) In administering the grant program, the office shall: (I) Establish an application process for private entities, local governments, tribal governments, and public-private partnerships to apply for money to help finance voluntary projects and post information about the application process on the office's website; (II) Determine types of voluntary projects that are eligible for money under the grant program, which types of voluntary projects may include: (A) Energy efficiency projects; (B) Renewable energy projects; (C) Beneficial electrification projects; (D) Transportation electrification projects; (E) Projects producing or utilizing clean hydrogen. If clean hydrogen projects are proposed to receive grant money, the office shall prioritize grant applications for clean hydrogen projects that utilize green hydrogen through electrolysis powered entirely by renewable electric resources over grant applications for clean hydrogen projects that utilize any other clean hydrogen production technology, which other clean hydrogen projects, if awarded grant money, must comply with section 42 U.S.C. sec. 16152 (1). (F) Projects involving carbon capture at industrial facilities and direct air capture projects; (G) Methane capture from landfills, sewage treatment plants, active or inactive coal mines, or agricultural operations; (H) Projects producing or utilizing sustainable aviation fuel; and (I) Industrial process changes that reduce emissions; (III) Develop criteria for awarding money under the grant program, which criteria must include considering statewide carbon management priorities including community and health protections and requiring project data reporting as determined in the carbon management roadmap created in section 24-38.5-122 and giving priority for voluntary projects located in: (A) Disproportionately impacted communities; or (B) Nonattainment areas; (IV) Establish the minimum amount of matching money that an applicant needs to provide to be eligible under the grant program; (V) Determine how a grantee must demonstrate that a voluntary project reduces emissions of air pollutants and ozone precursors, including any modeling requirements for project evaluation and monitoring and testing requirements during project implementation and after project completion; (VI) Require periodic reporting requirements for a grantee to demonstrate that the money awarded is being used in compliance with the purposes of this section; and (VII) Establish procedures for addressing a grantee's noncompliance with this section, including procedures for reimbursement of money awarded. (VIII) (A) Ensure that all types of carbon management projects, with the exception of agricultural, forestry, and enhanced oil recovery projects, are eligible for money under the grant program. (B) As used in this subsection (3)(b)(VIII), "carbon management" has the same meaning as set forth in section 24-38.5-122 (1)(a), and "enhanced oil recovery" has the same meaning as set forth in section 24-38.5-122 (1)(b). that all types of carbon management projects, with the exception of agricultural, forestry, and enhanced oil recovery projects, are eligible for money under the grant program. (B) As used in this subsection (3)(b)(VIII), "carbon management" has the same meaning as set forth in section 24-38.5-122 (1)(a), and "enhanced oil recovery" has the same meaning as set forth in section 24-38.5-122 (1)(b). (c) (I) Grants cannot be awarded for greenhouse gas emissions reduction improvements put in service at an industrial facility for which an industrial clean energy tax credit is received pursuant to section 39-22-551. (II) As used in this subsection (3)(c), unless the context otherwise requires: (A) "Greenhouse gas emissions reduction improvements" has the same meaning as set forth in section 39-22-551 (2)(e). (B) "Industrial facility" has the same meaning as set forth in section 39-22-551 (2)(g). (4) The office may use up to nine percent of the money in the fund to cover: (a) The direct and indirect costs the office incurs in administering the grant program; and (b) Interagency money transfers for technical support that the department of public health and environment or the department of natural resources may provide the office in administering the grant program. (5) Reporting. (a) On or before January 1, 2025, and on or before January 1 of each year thereafter, the office shall prepare a report summarizing the progress of the grant program and submit the report to the house of representatives energy and environment committee and the senate transportation and energy committee, or their successor committees. The office shall post a copy of each report on its website. (b) Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirements set forth in subsection (5)(a) of this section continue until the grant program repeals pursuant to subsection (7) of this section. (6) Fund. (a) (I) The industrial and manufacturing operations clean air grant program cash fund is created in the state treasury, and the office shall administer the fund for the purposes of this section. The fund consists of any money that the general assembly may transfer or appropriate to the fund for implementation of the grant program and any federal money or gifts, grants, or donations received pursuant to subsection (6)(a)(II) of this section. (II) For the purposes of this section, the office may seek, accept, and expend: (A) Money from federal sources; and (B) Gifts, grants, or donations from private or public sources. (III) The office shall transmit any money received pursuant to subsection (6)(a)(II) of this section to the state treasurer, who shall credit the money to the fund. (b) (I) Except as otherwise provided in subsection (6)(b)(II) of this section, the money in the fund is continuously appropriated to the office for the purposes set forth in this section. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Any unexpended and unencumbered money remaining in the fund at the end of a state fiscal year remains in the fund; except that the state treasurer shall transfer any money remaining in the fund at the end of the 2027-28 state fiscal year to the general fund. (II) For state fiscal years 2023-24 and 2024-25, the office and, subject to annual appropriation, the department of revenue may expend money from the fund for the administration and implementation of the industrial clean energy tax credit created in section 39-22-551 and the tax credit for sustainable aviation fuel production facility created in section 39-22-556. The office shall keep an accounting of all money expended from the fund pursuant to this subsection (6)(b)(II) for purposes of calculating the repayment of the administrative costs required by section 24-38.5-120 (3). (c) Repealed. (7) Repeal. This section is repealed, effective September 1, 2029.

C.R.S. § 24-38.5-117 Cannabis resource optimization cash fund - creation - gifts, grants, or donations

24-38.5-117. Cannabis resource optimization cash fund - creation - gifts, grants, or donations. (1) The cannabis resource optimization cash fund, referred to in this section as the "fund", is created in the state treasury. The Colorado energy office shall administer the fund for the purposes of providing assessments financing, grants, credit enhancement offerings, and direct incentives to producers to reduce energy and water use, promote renewable energy, and encourage sustainable practices in cannabis operations. The fund consists of any money that the general assembly may transfer or appropriate to the fund and any gifts, grants, or donations received pursuant to subsection (3) of this section. (2) The money in the fund is continuously appropriated to the Colorado energy office for the purposes set forth in subsection (1) of this section. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. (3) The Colorado energy office may seek, accept, and expend gifts, grants, or donations from private or public sources. (4) Repealed.

C.R.S. § 24-38.5-118 Geothermal energy grant program - creation - procedures - fund - report - definitions - legislative declaration - repeal

24-38.5-118. Geothermal energy grant program - creation - procedures - fund - report - definitions - legislative declaration - repeal. (1) Legislative declaration. The general assembly hereby finds and declares that: (a) The development of geothermal energy resources is an available and promising technology in the transition from fossil fuels to renewable energy; (b) The development of geothermal energy resources, including for heating, cooling, and electricity generation, has the potential to create jobs and help address mobility for workers in energy production and transmission, especially in pipeline-related work; (c) Building new geothermal systems in homes and businesses will provide a stable, predictable cost to consumers; (d) State investment is important to support public agencies in encouraging investment in geothermal energy for homes, buildings, and energy production; (e) Geothermal electricity generation can provide opportunities for zero-pollution, renewable electricity generation that is not intermittent, increasing baseload reliability for the electric grid; and (f) Geothermal electricity generation may be paired with electrolyzers to generate hydrogen from water, providing additional economic opportunities and zero-pollution fuels. (2) As used in this section, unless the context otherwise requires: (a) "Fund" means the geothermal energy grant fund created in subsection (7) of this section. (b) "Grant program" means the geothermal energy grant program created in subsection (3) of this section. (c) "Office" means the Colorado energy office. (3) Creation of grant program. There is hereby created within the office the geothermal energy grant program to provide grants to building owners, developers, local governments, geothermal installers, contractors, communities, gas or electric service public utilities, or other entities approved by the office for: (a) The development of geothermal electricity generation; (b) The installation of geothermal equipment for use as the primary heating-only or combined heating and cooling systems in new construction or to retrofit existing buildings; or (c) The development of community thermal systems that are used in new construction or to retrofit existing buildings. (4) Grants - limitations - qualifications. The grant program consists of three types of grants: (a) The single-structure geothermal grant, which is awarded to applicants that are constructing a new building or retrofitting an existing building, including a single-family or multifamily residence, and installing a geothermal system for use as the primary heating-only or combined heating and cooling system for the building. A single-structure geothermal grant is subject to the following limitations and qualifications: (I) Repealed. (II) Commercial buildings and state and local government buildings that are constructed or retrofitted using grant money must meet the standards of the 2021 International Energy Conservation Code, or subsequent edition of the code; (III) Developers, geothermal installers, or commercial building owners that apply for a grant must attest that they will use licensed plumbing or mechanical contractors that have an apprenticeship program, as defined in section 8-83-308 (3)(a); (IV) The office shall determine the amount of each grant based on per-ton heating capacity as follows; except that the office may change a grant award amount after the first year if the office determines that changes are necessary to advance geothermal development: (A) A nonresidential building constructed or retrofitted by a for-profit entity qualifies for up to two thousand dollars per ton of heating capacity; (B) A nonresidential building constructed or retrofitted by a nonprofit entity qualifies for up to three thousand dollars per ton of heating capacity; first year if the office determines that changes are necessary to advance geothermal development: (A) A nonresidential building constructed or retrofitted by a for-profit entity qualifies for up to two thousand dollars per ton of heating capacity; (B) A nonresidential building constructed or retrofitted by a nonprofit entity qualifies for up to three thousand dollars per ton of heating capacity; (C) A multifamily residence constructed or retrofitted by a for-profit entity qualifies for up to two thousand dollars per ton of heating capacity; (D) A multifamily residence constructed or retrofitted by a nonprofit entity qualifies for up to three thousand dollars per ton of heating capacity; and (E) A single-family residence, including a residence within a townhome or condominium building, qualifies for two thousand dollars per ton of heating capacity; and (V) The grants are subject to the following limit on the number of tons of heating capacity that qualify a building for a grant; except that the office may change the tonnage amount after the first year if the office finds that meeting market demands requires the change: (A) A grant for a single-family residence is limited to five tons; and (B) A grant for a nonresidential building is limited to one hundred tons; (b) The community district heating grant, which is awarded to support ground-source, water-source, or multisource thermal systems that serve more than a single building. Applicants may apply for grants for a scoping study, a detailed design study, projects, or a combination of these options. Teams consisting of building owners, geothermal installers, public utilities, political subdivisions of Colorado, consultants, developers, or other entities approved by the office are eligible to submit a proposal for a scoping study or a detailed design study. To qualify for a grant for the project, an applicant must successfully complete a study and show proof of a viable project. A community district heating grant is subject to the following limitations and qualifications: (I) Up to one hundred thousand dollars per project to conduct a scoping study to determine if a community thermal system would help lower greenhouse gas emissions and provide a reasonable-cost approach to primary heating-only or combined heating and cooling a group of buildings; (II) Up to five hundred thousand dollars per project to perform a detailed design study evaluating issues, including the financial and legal responsibilities, of the building owners that wish to join the community thermal system; and (III) Up to five hundred thousand dollars for the installation of a community district geothermal project that serves more than one building from a single geothermal loop, subject to the following: (A) The office may award a grant of up to fifty percent of the first million dollars of the costs of the project; and (B) A building owner, local government, developer, utility serving the addresses, or geothermal installer shall not apply for more than two grants for project installation in a single year. hat serves more than one building from a single geothermal loop, subject to the following: (A) The office may award a grant of up to fifty percent of the first million dollars of the costs of the project; and (B) A building owner, local government, developer, utility serving the addresses, or geothermal installer shall not apply for more than two grants for project installation in a single year. (c) The geothermal electricity generation grant, which is awarded to support the development of geothermal electricity generation and projects that pair geothermal electricity generation with electrolyzers for the production of hydrogen from geothermal generation. A person may apply for more than one cost-matching grant in a year. A geothermal electricity generation grant is subject to the following limitations and qualifications: (I) Local governments, corporations, and gas or electric service public utilities are eligible to apply for and receive the grant; (II) For applications for a grant to help fund a study to identify and explore resources that may be suitable for geothermal electricity and energy generation, costing up to one million dollars, the office may award a grant of up to fifty percent of the study cost; except that, if the project includes the production of hydrogen from electricity generated using geothermal energy or the utilization of direct air capture technology, the office may award a grant of up to sixty percent of the study cost. Any study funded pursuant to this subsection (4)(c)(II) must include an evaluation of the resources' safety, economic feasibility, cost efficiency compared to renewable energy alternatives, environmental impacts, greenhouse gas and air pollution emissions, quality job creation opportunities, and impacts to neighboring communities. (III) For applications for a grant to help fund a study to identify and explore resources that may be suitable for geothermal electricity generation or hydrogen generation from electricity generated using geothermal energy, costing more than one million dollars, the office may award a grant of up to five hundred thousand dollars per project; and (IV) For projects that concern an identified potential geothermal resource but need confirmation through drilling and testing or that are seeking to develop a project generation site: (A) The office may award a grant of up to fifty percent of the first million dollars of the costs of the project; (B) The office may award up to five hundred thousand dollars per project in addition to the amount awarded in subsection (4)(c)(IV)(A) of this section; and (C) A developer may apply for no more than two grants per year. (5) Application. To receive a grant, a person must submit an application to the office in accordance with the policies and procedures specified by the office. (6) Use of grants. A grantee shall not use the money received through the grant program for any purpose that is not specified in subsection (4) of this section or in the grant application. If a grantee uses grant money for any other purpose, the grantee is subject to a civil action to recover the entire amount of the grant award or the portion of the grant award used for the other purpose. (7) Fund. (a) (I) The geothermal energy grant fund is hereby created in the state treasury. The fund consists of money that the general assembly may appropriate or transfer to the fund. (II) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. (III) Except as otherwise provided in subsection (7)(d) of this section, money in the fund is continuously appropriated to the office to implement this section. (b) Grants made under this section are paid out of the fund. (c) Repealed. or transfer to the fund. (II) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. (III) Except as otherwise provided in subsection (7)(d) of this section, money in the fund is continuously appropriated to the office to implement this section. (b) Grants made under this section are paid out of the fund. (c) Repealed. (d) For state fiscal years 2023-24 and 2024-25, the office and, subject to annual appropriation, the department of revenue may expend money in the fund for the administration and implementation of the tax credit for expenditures made in connection with a geothermal energy project created in section 39-22-552, the geothermal electricity generation production tax credit created in section 39-22-553, and the heat pump technology and thermal energy network tax credit created in section 39-22-554. The office shall keep an accounting of all money expended from the fund pursuant to this subsection (7)(d) for purposes of calculating the repayment of the administrative costs required by section 24-38.5-120 (3). (8) Administration. (a) The office shall administer the grant program, award grants as provided in this section, and develop policies and procedures as necessary to implement the grant program. (b) The office shall award at least twenty-five percent of the grant money awarded for single-structure geothermal grants to eligible entities from or projects in low-income, disproportionately impacted, or just transition communities. (c) The office shall develop and apply criteria for evaluating and awarding grant applications that: (I) Prioritize projects in low-income, disproportionately impacted, or just transition communities; and (II) Maximize the number of additional projects that would otherwise not occur without the grant money. (d) The office may use grant program money to support education, outreach, and engagement with the general public and relevant stakeholders to facilitate the growth of the geothermal sector in Colorado. (9) Reporting. (a) Each grantee shall submit an annual report to the office for two years following receipt of a grant award. The office shall determine the contents of the report. (b) On or before February 1, 2024, and on or before February 1 each year thereafter through February 1, 2026, the office shall submit a report to the transportation and energy committee of the senate and the energy and environment committee of the house of representatives, or any successor committee, on the geothermal energy grant program. At a minimum, this report must include: (I) The total amount of grant money awarded in the preceding calendar year; (II) The total number of grants awarded in the preceding calendar year, including the amount of each grant; (III) The total amount of grant money awarded to each grantee in the preceding calendar year; (IV) The total amount of matching funds that grantees provided to receive a grant; (V) The percentage of the total amount of grant money awarded in the preceding calendar year that was awarded as each type of grant described in this section; (VI) The percentage of the total amount of grant money awarded in the preceding calendar year that was awarded to or for projects in low-income, disproportionately impacted, or just transition communities; and (VII) To the extent available, the effects of the grants on gas use, electricity use, emissions, and energy costs. (c) This subsection (9)(c) and subsection (9)(b) of this section are repealed, effective July 1, 2026. (10) To the extent that a gas or electric service utility contributes to a project or partners with an eligible entity undertaking a project awarded under the grant program, the utility may count mass-based emissions reductions associated with the project toward compliance with the requirements imposed by: (a) Rules promulgated under section 25-7-105 (1)(e)(X.7); (b) Section 40-3.2-108 (3)(b); or 10) To the extent that a gas or electric service utility contributes to a project or partners with an eligible entity undertaking a project awarded under the grant program, the utility may count mass-based emissions reductions associated with the project toward compliance with the requirements imposed by: (a) Rules promulgated under section 25-7-105 (1)(e)(X.7); (b) Section 40-3.2-108 (3)(b); or (c) Any similar greenhouse gas emission reduction program or requirement imposed by rule or statute. (11) Grants awarded to energy sector public works projects - requirements. Any project that is funded in whole or in part by a grant awarded pursuant to this section and 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 this title 24.

C.R.S. § 24-38.5-119 Streamlined solar permitting and inspection grant program - creation - eligibility - fund created - gifts, grants, or donations - reporting - legislative declaration - definitions - repeal

24-38.5-119. Streamlined solar permitting and inspection grant program - creation - eligibility - fund created - gifts, grants, or donations - reporting - legislative declaration - definitions - repeal. (1) The general assembly finds and declares that: (a) The state's goal that one hundred percent of its energy be generated by renewable sources by 2040 requires the addition of approximately ten gigawatts of renewable energy sources; (b) New residential solar projects help provide the new renewable sources required for the state to meet its renewable energy goal; (c) Currently, the permitting and inspection of new residential solar projects is inefficient and is estimated to add one dollar per watt to the cost of a project, with an average added cost of seven thousand dollars per project; (d) Free automated permitting and inspection software is available to permitting and inspection entities and, when implemented, decreases costs and expedites the permitting and inspection of a new residential solar project by approximately twelve days; (e) Free automated permitting and inspection software requires technical time and expertise to implement, which can be cost prohibitive and keeps the permitting and inspection software from being used and implemented; (f) Many local governments are not implementing free automated permitting and inspection software due to a lack of technical resources; and (g) It is therefore necessary for the general assembly to provide grants for technical support to permitting and inspection entities that will help them implement automated permitting and inspection software that will decrease the time needed to permit and inspect residential solar power systems. (2) As used in this section, unless the context otherwise requires: (a) "Authority having jurisdiction" means the local entity with authority to approve building permits and inspections necessary for the operation of electric power systems. (b) "Automated permitting and inspection software" means a web-based portal that implements automated plan review, verifies local code compliance, and issues permits for electric power systems that is developed by a national organization focused on clean energy research, development, and deployment in collaboration with building and safety industry experts. (c) "Electric power system" means a residential energy storage system or a residential solar energy system. (d) "Fund" means the streamlined solar permitting and inspection cash fund created in subsection (7) of this section. (e) "Grant program" means the streamlined solar permitting and inspection grant program created in subsection (3) of this section. (f) "Local government" means a statutory or home rule municipality, county, or city and county. (g) "Office" means the Colorado energy office created in section 24-38.5-101. (h) "Population" means the population of a city, city and county, or the unincorporated portion of a county, as determined by the most current census data. (i) "Residential energy storage system" means a device installed behind a customer's residential utility meter that is capable of absorbing electricity generated from a co-located electricity generator or from the electrical grid and that stores energy delivered by the electricity generator or electrical grid and discharges the energy to the customer or for export. (j) "Residential solar energy system" means a configuration of solar energy devices that collect and distribute solar energy for the purpose of generating electricity and that has a single residential interconnection with the electric utility transmission or distribution network. (3) The grant program is created to allow an authority having jurisdiction to apply to the office for a grant to help provide implementation support to the authority having jurisdiction for implementation of automated permitting software. In administering the grant program, the office shall: t has a single residential interconnection with the electric utility transmission or distribution network. (3) The grant program is created to allow an authority having jurisdiction to apply to the office for a grant to help provide implementation support to the authority having jurisdiction for implementation of automated permitting software. In administering the grant program, the office shall: (a) Establish an application process for an authority having jurisdiction to apply for a grant to help provide technical support for the implementation of automated permitting software; (b) Develop procedures to award a grant to an authority having jurisdiction for expenses expected to be incurred in adopting automated permitting software, including necessary expenses for staff time, information technology, training, installation, third-party consulting, ongoing maintenance for up to three years, and hardware or equipment; (c) Not award money to an authority having jurisdiction for expected costs associated with software other than automated permitting software, activities occurring before being awarded grant program money or more than one hundred eighty days after receiving grant program money, food and beverage costs, fines, penalties, advertising, or permit processing fees including fees charged by the operator of automated permitting software; (d) Determine how an authority having jurisdiction must demonstrate the expected costs of implementation of the automated permitting software; (e) Establish periodic reporting requirements for a grantee to demonstrate that the money awarded is being used as authorized by this section; (f) Encourage the grantee to implement automated permitting and inspection software within one hundred eighty days of the award; (g) Require an authority having jurisdiction to submit a written copy of the building department's contemporaneous review procedure as specified in section 12-115-120 (10)(b)(II) and an affirmation from the building department that they are complying with their procedure; (h) Begin approving and allocating money to grantees no later than June 30, 2024; and (i) Award grants to authorities having jurisdiction according to the terms of this section based on population as follows: (I) An authority having jurisdiction with a population of less than fifty thousand may receive a grant that is no more than forty thousand dollars; (II) An authority having jurisdiction with a population of fifty thousand or more and less than one hundred thousand may receive a grant that is no more than sixty thousand dollars; (III) An authority having jurisdiction with a population of one hundred thousand or more and less than two hundred thousand may receive a grant that is no more than eighty thousand dollars; and (IV) An authority having jurisdiction with a population of two hundred thousand or more may receive a grant that is no more than one hundred thousand dollars. (4) The office may use up to nine percent of the money in the fund to cover the direct and indirect costs that the office incurs in administering the grant program. (5) In addition to the reporting requirements established pursuant to subsection (3)(e) of this section, one year after receipt of a grant, the grantee shall report to the office automated permitting software and permitting statistics including, for each reporting period, the number of permits issued, permitted solar power system capacity, and the characteristics of each permitted electric power system. The grantee is encouraged to voluntarily report this same information annually thereafter for a period of four years. ipt of a grant, the grantee shall report to the office automated permitting software and permitting statistics including, for each reporting period, the number of permits issued, permitted solar power system capacity, and the characteristics of each permitted electric power system. The grantee is encouraged to voluntarily report this same information annually thereafter for a period of four years. (6) (a) On or before January 1, 2025, and on or before January 1 of each year thereafter, the office shall prepare a report summarizing the progress of the grant program and submit the report to the house of representatives energy and environment committee, the senate transportation committee, and the joint budget committee, or their successor committees. The office shall post a copy of the report on its website. (b) Notwithstanding section 24-1-136 (11)(a)(I), the office's reporting requirements set forth in subsection (6)(a) of this section continue until the grant program repeals pursuant to subsection (8) of this section or until five years after the last grant is awarded, whichever comes first. (7) (a) (I) The streamlined solar permitting and inspection cash fund is created in the state treasury, and the office shall administer the fund for the purposes of this section. The fund consists of any money that the general assembly may transfer or appropriate to the fund for implementation of the grant program and any federal money or gifts, grants, or donations received pursuant to subsection (7)(a)(II) of this section. (II) For purposes of this section, the office may seek, accept, and expend: (A) Money from federal sources; and (B) Gifts, grants, or donations from public or private sources. (III) The office shall transmit any money received pursuant to subsection (7)(a)(II) of this section to the state treasurer, who shall credit the money to the fund. (b) The money in the fund is annually appropriated by the general assembly to the office for the purposes set forth in this section. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Any unexpended and unencumbered money remaining in the fund at the end of a state fiscal year remains in the fund; except that the state treasurer shall transfer any money remaining in the fund at the end of the 2027-28 state fiscal year to the general fund. (8) This section is repealed, effective July 1, 2033.

C.R.S. § 24-38.5-120 Decarbonization tax credits administration cash fund - definitions - repeal

24-38.5-120. Decarbonization tax credits administration cash fund - definitions - repeal. (1) As used in this section, unless the context otherwise requires: (a) "Decarbonization tax credits" means the credits created in sections 39-22-516.7, 39-22-516.8, 39-22-551, 39-22-552, 39-22-553, 39-22-554, 39-22-555, and 39-22-556. (b) "Department" means the department of revenue. (c) "Fund" means the decarbonization tax credits administration cash fund created in subsection (2) of this section. (d) "Office" means the Colorado energy office. (2) The decarbonization tax credits administration cash fund is hereby created in the state treasury. The fund consists of money credited to the fund pursuant to section 39-29-108 (2)(e)(I) and any other money that the general assembly may appropriate or transfer to the fund. (3) (a) Subject to annual appropriation by the general assembly, for state fiscal years 2023-24 through 2034-35, the office and the department may expend money from the fund for direct and indirect costs associated with the implementation and administration of the decarbonization tax credits. (b) (I) Money in the fund may also be used to repay administrative costs to the respective cash funds. The state treasurer shall transfer money from the fund in the amount attributable to administrative costs to the respective cash funds so that all administrative costs are repaid to the respective cash funds on or before June 29, 2024. (II) As used in this subsection (3)(b), unless the context otherwise requires: (A) "Administrative costs" means the amount of money expended from the respective cash funds by the office and the department for the administration and implementation of certain income tax credits, as provided for in sections 24-38.5-116 (6)(b)(II), 24-38.5-118 (7)(d), 24-38.5-506 (2)(b), and of the temporary specific ownership tax rate reduction for electric medium-duty and heavy-duty trucks that are part of a fleet as provided for in section 25-7-1405 (2)(b). (B) "Respective cash funds" means the industrial and manufacturing operations clean air grant program cash fund created in section 24-38.5-116 (6), the geothermal energy grant fund created in section 24-38.5-118 (7), the community access to electric bicycles cash fund created in section 24-38.5-506, and the electrifying school buses grant program cash fund created in section 25-7-1405. (4) The state treasurer shall transfer all unexpended and unencumbered money in the fund on June 30, 2024, June 30, 2025, and June 30, 2026, to the general fund; except that the balance of money remaining in the fund not including expended and encumbered money shall not be less than three hundred thousand dollars. (5) Notwithstanding subsection (4) of this section, on July 1, 2036, the state treasurer shall transfer all money in the fund to the general fund. (6) This section is repealed, effective December 31, 2036.

C.R.S. § 24-38.5-121 Assessment of advanced energy solutions in rural Colorado - northwestern and west end of Montrose county Colorado study - southeastern Colorado study - report - legislative declaration - definitions - repeal

24-38.5-121. Assessment of advanced energy solutions in rural Colorado - northwestern and west end of Montrose county Colorado study - southeastern Colorado study - report - legislative declaration - definitions - repeal. (1) (a) The general assembly hereby finds and declares that: (I) Colorado is undergoing an energy transition; (II) Colorado's energy economy has traditionally supported good-paying jobs and local communities, and the study of reliable and affordable energy technologies, including gas generation with carbon capture and storage, geothermal, clean hydrogen, advanced nuclear, wind, solar coupled with storage, long duration storage, and transmission, is necessary to help support the development of rural economies and to create jobs; and (III) In addition, firm energy resources can help lower long-term electricity costs and improve system reliability. (b) The general assembly further finds and declares that: (I) While this is a statewide transition, the counties of Moffat, Rio Blanco, and Routt in northwest Colorado, and especially the municipalities of Craig and Hayden, have played a particularly important role as producers of electric energy powered by the burning of coal from nearby mines and will experience significant loss of good jobs and property tax revenue. Similarly, the west end of the county of Montrose in western Colorado, and especially the municipalities of Naturita and Nucla, until 2019 played an important role as producers of electric energy powered by the burning of coal from a nearby mine and have already experienced the loss of good jobs and property tax revenue as a the result of this transition. (II) As Colorado advances its energy transition, it is also considering the expansion of transmission that will unlock investment in energy solutions in southeastern Colorado. Recent considerations of the expansion of transmission in southeastern Colorado include a public utilities commission decision approving an application for an energy company to build its power pathway project, including provisional approval of a line into southeastern Colorado, and a recent agreement by another energy company to study additional transmission in southeastern Colorado as part of its resource planning. Finally, the office has worked with a broad range of stakeholders to submit a concept paper seeking funding from the United States department of energy to fund stakeholder work and studies that would, if funded, study additional transmission into the San Luis Valley and southeastern Colorado as part of a regional transmission project. (III) Due to the unique circumstances in northwestern and west end of Montrose county Colorado and southeastern Colorado, as described in this subsection (1)(b), directing the Colorado energy office to conduct studies of electric transmission and advanced energy solutions technologies in the northwestern and west end of Montrose county Colorado and in southeastern Colorado will help address the need for firm energy generation and support the development of rural economies. (2) As used in this section, unless the context otherwise requires: (a) "Director" means the director of the office or the director's designee. (b) "Office" means the Colorado energy office created in section 24-38.5-101. (3) (a) The director shall conduct or cause to be conducted studies of electric transmission and advanced energy solutions technologies, including geothermal, clean hydrogen, advanced nuclear, wind and solar coupled with storage, and long duration storage. One study must focus on northwestern and west end of Montrose county Colorado, as specified in subsection (3)(b) of this section, and one study must focus on southeastern Colorado, as specified in subsection (3)(c) of this section. sion and advanced energy solutions technologies, including geothermal, clean hydrogen, advanced nuclear, wind and solar coupled with storage, and long duration storage. One study must focus on northwestern and west end of Montrose county Colorado, as specified in subsection (3)(b) of this section, and one study must focus on southeastern Colorado, as specified in subsection (3)(c) of this section. (b) Northwestern and west end of Montrose county Colorado study. In the northwestern and west end of Montrose county Colorado study, the director must examine or cause to be examined a range of advanced firm dispatchable energy resources that can leverage existing energy infrastructure, including existing substation and transmission infrastructure, to assess which alternative firm energy resources, technologies, or combination of resources, including skilled workers from the retirement of coal-fired power plants, might best preserve or replace jobs, provide new tax revenue in the northwestern and west end of Montrose county Colorado, and help achieve the state's energy goals. The office must also assess the effects of those resources on electricity costs and on disproportionately impacted communities. In addition, the northwestern and west end of Montrose county Colorado study must examine the potential for greater transmission and interconnection with energy resources on the western slope of Colorado and the issues specified in subsection (4) of this section. (c) Southeastern Colorado study. In the southeastern Colorado study, the director must assess or cause to be assessed the potential for the development of new energy resources in southeastern Colorado. In addition to assessing the development of wind, solar, and storage, the study must also consider a range of advanced firm dispatchable energy resources, including resources that may use new transmission investments to assess which alternative firm energy resources, technologies, or combinations of resources might best preserve jobs, provide new tax revenue in southeastern Colorado, and help achieve the state's energy goals. In addition, the southeastern Colorado study must examine the issues specified in subsection (4) of this section. (4) The northwestern and west end of Montrose county Colorado study and the southeastern Colorado study required pursuant to subsection (3) of this section must both include an investigation into and an evaluation of the following: (a) The economics of advanced firm energy resources in the region, including: (I) The economic forecasts needed to support advanced energy solutions generation integrated with other energy sources in the region; (II) The time frame for the deployment of advanced energy solutions generation; (III) The impacts and risks of advanced energy solutions generation to utility ratepayers and to disproportionately impacted communities; and (IV) The incentives that would be appropriate or available to encourage the development of advanced energy generation in the region; (b) Methods to provide new employment opportunities for highly skilled workers to assist the region in the transition to energy solutions for electricity generation, including: (I) Potential job opportunities for highly skilled workers; (II) The quantity of potential jobs for highly skilled workers; (III) The likely compensation that the jobs will provide; and (IV) The skill sets that highly skilled workers would be required to have to be qualified to perform the jobs; (c) The estimated property tax revenue that will result from firm energy generation in the region; (d) The ways in which the transition to new energy resources can help utility companies that operate in the region use existing capital investment in plant and transmission lines to advance firm energy generation; highly skilled workers would be required to have to be qualified to perform the jobs; (c) The estimated property tax revenue that will result from firm energy generation in the region; (d) The ways in which the transition to new energy resources can help utility companies that operate in the region use existing capital investment in plant and transmission lines to advance firm energy generation; (e) The regulatory and legislative framework that is necessary to support the transition to firm power generation in the region, including the use of federal funding to help support the development of new energy resources in the northwestern and west end of Montrose county Colorado, and southeastern Colorado; (f) The potential opportunities to leverage federal tax credits, grants, and loans, including programs specifically targeted toward energy transition communities, to support advanced energy solutions deployment; (g) The steps that should be taken in the region to advance the possibility of geothermal, advanced nuclear, clean hydrogen, carbon capture natural gas power plants, long duration energy storage, wind and solar coupled with storage, and other firm energy sources as part of the carbon free goals set by Colorado; (h) Whether scalable or dispatchable electricity from advanced nuclear and other firm energy generation sources can ensure that the electrical grid makes optimal use of intermittent resources; (i) The cost implications for potential technology pathways and the impacts of such technology pathways on utility ratepayers; and (j) Any other information that the director deems necessary. (5) On or before July 1, 2025, the director shall submit the findings and conclusions of the northwestern and west end of Montrose county Colorado study and the southeastern Colorado study required in subsection (3) of this section to the house of representatives energy and environment committee and the senate transportation and energy committee, or their successor committees and to the just transition office created in section 8-83-503 (1). The findings and conclusions submitted must include any recommendations including administrative or legislative action needed to assist northwestern and west end of Montrose county Colorado in the transition to firm energy generation sources and to assist southeastern Colorado in the development of new energy resources. (6) This section is repealed, effective September 1, 2026.

C.R.S. § 24-38.5-122 Carbon management roadmap - creation - requirements - report - definitions - repeal

24-38.5-122. Carbon management roadmap - creation - requirements - report - definitions - repeal. (1) As used in this section, unless the context otherwise requires: (a) "Carbon management" means any of the following: (I) Carbon dioxide removal, which means the removal of carbon dioxide from the atmosphere; (II) Carbon capture, which means a process that captures carbon dioxide emissions before they are released into the atmosphere and diverts those emissions for use or storage; (III) Carbon sequestration or storage, which means verifiably storing carbon dioxide in non-atmospheric locations in such a manner that the carbon dioxide will not enter the atmosphere for at least one hundred years; and (IV) Carbon utilization, which means a process by which captured or removed carbon is used without being released into the atmosphere. (b) "Enhanced oil recovery" means all existing and potential technology to recover oil beyond traditional primary methods, including the use of carbon dioxide or other fluids to increase the ultimate recovery of hydrocarbon. (c) "Monitoring and reporting" means the measurement and reporting of carbon management using an objective, peer-reviewed, and scientifically supported methodology that takes into account both regionally appropriate sampling and data collection methods to quantify emissions and removals associated with the carbon management process and the durability of the carbon management process. "Monitoring and reporting" does not mean using model-based or statistical methods of measurement and reporting. (d) "Office" means the Colorado energy office. (e) "Qualified organization" means an organization or organizations that do not have a clear conflict of interest, have not actively lobbied for or against carbon management in the last five years, and that have the following types of expertise: (I) Technical and research expertise in carbon management technologies, including but not limited to: (A) Afforestation, reforestation, and improved forest management; (B) Inorganic and organic soil carbon sequestration; (C) Biochar; (D) Bio energy with carbon capture and storage; (E) Direct air capture and storage; (F) Biomass with carbon removal and storage; (G) Enhanced weathering; (H) Carbon mineralization; (I) Durable geological carbon sequestration; (J) Verifiable industrial carbon capture processes; (K) Durable protein-based carbon sequestration; and (L) Agriculture production carbon capture and removal; (II) Economic and market development expertise in assessing the market risks and opportunities for carbon management products and applications; and (III) Expertise in carbon and greenhouse gas emissions accounting and verification. (f) "Roadmap" means the carbon management roadmap for the state of Colorado. (2) (a) On or before January 1, 2024, the office shall, in collaboration with the Colorado office of economic development and the department of public health and environment, contract with a qualified organization for the development of a carbon management roadmap for the state of Colorado. (b) On or before September 1, 2024, the qualified organization shall present the roadmap to the office, the Colorado office of economic development, and the department of public health and environment. The office shall hold at least one public hearing to solicit feedback on the roadmap and invite comment on the roadmap's environmental health impacts, including life cycle emissions analyses of carbon management projects identified by the roadmap and effects on disproportionately impacted communities. (c) On or before December 1, 2024, the office shall present the feedback it has collected on the roadmap to the qualified organization and make the feedback and the roadmap available to the general assembly. (d) On or before February 28, 2025, the qualified organization shall present an updated version of the roadmap that considers the public comments provided by the office. mpacted communities. (c) On or before December 1, 2024, the office shall present the feedback it has collected on the roadmap to the qualified organization and make the feedback and the roadmap available to the general assembly. (d) On or before February 28, 2025, the qualified organization shall present an updated version of the roadmap that considers the public comments provided by the office. (e) During the 2025 legislative session, the office shall present the roadmap to the house of representatives energy and environment committee and the senate transportation and energy committee or their successor committees. (3) The roadmap must identify: (a) The carbon management, climate, and economic opportunities available in Colorado that best draw on Colorado's natural resources, industry, talent, labor force, and economic development capabilities. In identifying economic opportunities, the roadmap must specifically include the following economic sectors: (I) Construction; (II) Agriculture; (III) Forest management; (IV) Mine reclamation; (V) Industrial manufacturing; (VI) Cement and concrete; (VII) Food and beverage; (VIII) Existing oil and gas infrastructure and workforce; and (IX) Electricity generation; (b) The necessary infrastructure to support carbon management, such as: (I) The best reservoirs for carbon dioxide storage, as measured by metrics proposed in the roadmap; (II) Existing carbon dioxide pipelines and how those pipelines can best be connected with pipelines needed for industrial carbon management to reduce risk, including risk to disproportionately impacted communities; and (III) Infrastructure that allows access to clean energy resources, as that term is defined in section 40-2-125.5 (2)(b), for carbon management projects; (c) (I) Policies and incentives that would: (A) Attract companies to develop or deploy carbon management in the state; (B) Encourage the development of new carbon management technologies; (C) Support the expansion of carbon management companies in the state; (D) Catalyze private investment and market development in carbon management by applying gap funding or other support for carbon management projects involving private sector providers and buyers, by identifying relevant public, private, and nonprofit project funding sources, and by prioritizing funding for projects that are ineligible for funding under the industrial and manufacturing operations clean air grant program created in section 24-38.5-116 (3)(a); (E) Reduce risks to health, opportunity, and quality of life, including a focus on reducing risk in disproportionately impacted communities; and (F) Foster carbon management projects in the state. (II) The roadmap must recommend the state agency best positioned to carry out carbon management policies, including carbon accounting; (d) The state agency best positioned to carry out a potential policy regime of carbon management, including carbon accounting; including a focus on reducing risk in disproportionately impacted communities; and (F) Foster carbon management projects in the state. (II) The roadmap must recommend the state agency best positioned to carry out carbon management policies, including carbon accounting; (d) The state agency best positioned to carry out a potential policy regime of carbon management, including carbon accounting; (e) Recommendations on potential public interest policies including: (I) Excluding oil and gas extraction applications, such as enhanced oil recovery, from carbon management funding; (II) Requiring fair labor practices such as: (A) Prevailing wages with commensurate benefits; (B) Apprenticeship utilization requirements; (C) Project labor agreements; (D) Local hire and targeted hire provisions; and (E) Organizing rights; and (III) Applying strict environmental justice standards so that: (A) Carbon management methods and projects that pose risks to health, opportunity, and quality of life in communities, including disproportionately impacted communities, are excluded from carbon management funding; (B) Carbon management funding is not used to fund compliance mechanisms involving existing facilities or facilities that either are not in compliance with air permits or have a history of permit violations that impose harms and risks on communities within the previous five years; (C) Carbon management funding is not used to support fossil fuel projects without verified emissions and pollution reduction potential, fossil fuel projects which allow for increased lifetime emissions, or fossil fuel projects that increase the lifetime negative environmental impact of a given facility; and (D) Representatives of environmental justice advocacy groups, labor organizations, just transition groups, public health agencies, and tribal communities are involved in the creation of the roadmap; (f) Criteria for carbon management project selection including: (I) Prioritizing: (A) Certain economic sectors such as agriculture, construction, materials manufacturing, forest management, food and beverage, reclaimed mining, energy, and heavy industry; (B) Social and economic benefits including the protection of labor rights and high-quality jobs; and (C) Geographic distribution by providing technological solutions and sector diversification with the explicit goal of ensuring that projects are distributed throughout the state; (II) Assessing the verifiable counterfactual reduction in atmospheric carbon over a project's life cycle and prioritizing projects that are projected to have the greatest and most durable impact, either through the reduction of greenhouse gas emissions to meet the state's greenhouse gas emission reduction goals, atmospheric removal, or reliable carbon storage; and (III) Ensuring that project goals can be validated by rigorous monitoring and reporting methods in line with emerging international best practices and standards; and (g) Recommendations, including legislative recommendations for the general assembly and administrative recommendations for state agencies, on issues related to carbon management. (4) In creating the roadmap, in addition to satisfying the requirements of subsection (3) of this section, the qualified organization shall gather: (a) Where practicable, project data on the amount of carbon, carbon dioxide, and co-pollutants captured, emitted, removed, stored, or utilized for the purpose of: (I) Helping to assess the market potential for performance-based financial incentives in the future; (II) Elevating the carbon management potential of various proposals and technologies; and (III) Providing input on carbon management for the greenhouse gas pollution reduction roadmap; and rbon, carbon dioxide, and co-pollutants captured, emitted, removed, stored, or utilized for the purpose of: (I) Helping to assess the market potential for performance-based financial incentives in the future; (II) Elevating the carbon management potential of various proposals and technologies; and (III) Providing input on carbon management for the greenhouse gas pollution reduction roadmap; and (b) Operational data including: (I) Quantities and types of materials needed for carbon management facility construction and operation; (II) The number and types of jobs that will be created related to carbon management as well as the timeline of job creation; (III) The operational requirements for carbon management facilities including energy infrastructure, projected energy needs, construction costs, and staffing; and (IV) The opportunities for skill matching among existing professions. (5) In creating the roadmap, the qualified organization may reference or rely on work done by state agencies or local governments. The office shall work with other state agencies as appropriate in order to ensure that the roadmap functions in concert with other state targets, teams, and documents, including the greenhouse gas pollution reduction roadmap, greenhouse gas accounting measures, and the Colorado carbon capture and geological sequestration task force report. (6) (a) In soliciting feedback on the roadmap pursuant to subsection (2)(b) of this section, the office shall conduct meetings with interested persons throughout the state, including: (I) Labor organizations; (II) Environmental advocacy groups; (III) Industries or professions related to carbon management; (IV) Statewide associations of mechanical, electrical, and plumbing contractors; (V) Tribal and local governments; and (VI) Community leaders, including community leaders from disproportionately impacted communities. (b) The office shall also solicit feedback from: (I) The Colorado office of economic development; (II) The department of transportation; (III) The department of natural resources; (IV) The department of agriculture; (V) The state architect; (VI) The governor's office; (VII) The environmental justice ombudsperson in the department of public health and environment appointed pursuant to section 25-1-134 (1) or the ombudsperson's designee; (VIII) The director of the just transition office created in section 8-83-503 or the director's designee; and (IX) The air pollution and control division. (7) During the 2026 and 2027 legislative sessions, the office shall present to the house of representatives energy and environment committee and the senate transportation and energy committee or their successor committees: (a) The progress made in implementing the goals identified in the roadmap; and (b) Any recommendations, including legislative recommendations for the general assembly and administrative recommendations for state agencies, necessary to better implement the goals identified in the roadmap. (8) This section and the roadmap created pursuant to this section do not prevent public and private actors from advancing their own projects under existing rules and regulations.

C.R.S. § 24-38.5-301 Legislative declaration

24-38.5-301. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) Retail deliveries are increasing and are expected to continue to increase in urban and rural communities; (b) The motor vehicles used to make retail deliveries are some of the most polluting vehicles on the road, which has resulted in additional and increasing air and greenhouse gas pollution at the local community level from idling delivery vehicles in neighborhoods; (c) The adverse environmental and health impacts of increased local emissions from motor vehicles used to make retail deliveries can be mitigated and offset by investing in the charging and fueling infrastructure needed to support widespread public adoption of electric motor vehicles and zero emission vehicles and by replacing the state's dirtiest passenger vehicles with zero emission vehicles; (d) Instead of reducing the impacts of retail deliveries by limiting retail delivery activity through regulation, it is more appropriate to continue to allow persons who receive retail deliveries to benefit from the convenience afforded by unfettered retail deliveries and instead impose a small fee on each retail delivery and use fee revenue to fund necessary mitigation activities; (e) It is necessary, appropriate, and in the best interest of the state and all Coloradans to incentivize, support, and accelerate the use of electric motor vehicles throughout the state and to enable the state to achieve its electric motor vehicle adoption goals as set forth in the Colorado energy office's "Colorado Electric Vehicle Plan 2020" because widespread adoption of electric motor vehicles: (I) Reduces emissions of air pollutants, including hazardous air pollutants and greenhouse gases, at the community level that contribute to adverse human health effects such as asthma, heart attacks, and lung cancer, and adverse environmental effects, including but not limited to climate change, and helps the state meet its statewide greenhouse gas pollution reduction targets established in section 25-7-102 (2)(g) and its transportation sector greenhouse gas pollution reduction targets established in the Colorado energy office's "Colorado Greenhouse Gas Pollution Reduction Roadmap" and comply with air quality attainment standards; (II) Helps businesses and governmental entities operate more efficiently and helps individuals and families save money over time by reducing fuel and maintenance costs associated with the use of motor vehicles; (III) Reduces the social costs of emissions of greenhouse gases and other air pollutants by reducing such emissions; and (IV) Reduces higher emissions of air pollutants in local communities, including disproportionately impacted communities, where there is increased exposure to transportation-related air pollution and where, as many studies confirm, increased exposure to traffic and air pollution results in a higher risk for adverse health outcomes; (f) Retiring a relatively small number of high-emitting passenger vehicles and replacing them with low or zero emission vehicles would have a relatively large impact on emissions reductions, as shown by a 2009 study that found that ten percent of passenger vehicles are responsible for more than thirty percent of nitrogen oxide emissions and nearly fifty percent of hydrocarbon emissions; (g) One of the best ways to incentivize, support, and accelerate the adoption of electric motor vehicles in both urban and rural areas is to reduce range anxiety and inconvenience for electric motor vehicle users by building readily available, robust, easy to use, and efficient electric motor vehicle charging and fueling infrastructure in communities and along major highway corridors throughout the state; of the best ways to incentivize, support, and accelerate the adoption of electric motor vehicles in both urban and rural areas is to reduce range anxiety and inconvenience for electric motor vehicle users by building readily available, robust, easy to use, and efficient electric motor vehicle charging and fueling infrastructure in communities and along major highway corridors throughout the state; (h) Another way to incentivize, support, and accelerate the adoption of electric motor vehicles, promote equitable access to electrical motor vehicles and less expensive electrical alternatives to motor vehicles, and encourage clean travel is to provide incentives in communities, including but not limited to disproportionately impacted communities, for acquisition or use of electric motor vehicles or electric alternatives to motor vehicles and use of transit. Creating access to electric motor vehicles or electric alternatives to motor vehicles for communities, including but not limited to disproportionately impacted communities, addresses inequities by allowing individuals who cannot afford to upgrade to more fuel efficient motor vehicles to upgrade to motor vehicles that produce little or no emissions in their communities. (i) By reducing motor vehicle emissions, incentivizing, supporting, and accelerating the adoption of electric motor vehicles at the community level effectively remediates some of the impacts of retail deliveries by offsetting a portion of the increased motor vehicle emissions resulting from retail deliveries. (2) The general assembly further finds and declares that: (a) To incentivize, support, and accelerate the construction of electric motor vehicle charging and fueling infrastructure in communities throughout the state; incentivize, support, and accelerate the adoption of electric motor vehicles by businesses, including transportation network companies, governmental entities, and individuals; and thereby increase access to electric motor vehicles, minimize and mitigate the environmental and health impacts caused by transportation-related emissions of air pollutants and greenhouse gases, and allow the state and its citizens to reap the environmental, health, business and governmental operational efficiency, and personal motor vehicle total ownership cost savings benefits of widespread adoption of electric motor vehicles, it is necessary, appropriate, and in the best interest of the state to create a community access enterprise that can provide specialized business services, including impact remediation services, that help communities, businesses, and governmental entities construct the electric motor vehicle charging and fueling infrastructure needed to support widespread adoption of electric motor vehicles, including light-duty, medium-duty, and heavy-duty motor vehicles and motor vehicles used to make retail deliveries, and thereby assuage range anxiety concerns, supply chain disruption concerns, and any other concerns that currently disincentivize the widespread adoption of electric motor vehicles; (b) The specific focus of the enterprise is the equitable reduction and mitigation of the adverse environmental and health impacts of air pollution and greenhouse gas emissions at the community level through support of the adoption of electric motor vehicles and electric alternatives to motor vehicles at the community level, including but not limited to within disproportionately impacted communities throughout the state; f the enterprise is the equitable reduction and mitigation of the adverse environmental and health impacts of air pollution and greenhouse gas emissions at the community level through support of the adoption of electric motor vehicles and electric alternatives to motor vehicles at the community level, including but not limited to within disproportionately impacted communities throughout the state; (c) The enterprise provides impact remediation services when, in exchange for the payment of community access retail delivery fees by or on behalf of purchasers of tangible personal property for retail delivery, it acts to mitigate the impacts of residential and commercial deliveries on the state's transportation infrastructure, air quality, and emissions by: (I) Funding the construction of electric motor vehicle charging infrastructure that supports the use of clean and quiet electric motor vehicles, including motor vehicles used to make retail deliveries; (II) Specifically supporting and incentivizing the retirement of old and inefficient motor vehicles powered by internal combustion engines and the adoption of electric motor vehicles, electric alternatives to motor vehicles, and transit use in communities, including but not limited to disproportionately impacted communities, that generally bear the greatest burden of the environmental and health impacts of transportation emissions due to disparities in transportation pollution exposure; (III) Providing outreach, education, planning funds, or training to support the successful applications for funding and the performance of entities receiving funds; (IV) Contributing to the comprehensive regulatory scheme required for the planning, funding, development, construction, maintenance, and supervision of a sustainable transportation system; and (V) Providing additional remediation services to offset impacts caused by fee payers as may be provided by law; (d) By providing remediation services as authorized by this section, the enterprise provides a benefit to fee payers when it remediates the impacts they cause and therefore operates as a business in accordance with the determination of the Colorado supreme court in Colorado Union of Taxpayers Foundation v. City of Aspen, 2018 CO 36; (e) Consistent with the determination of the Colorado supreme court in Nicholl v. E-470 Public Highway Authority, 896 P.2d 859 (Colo. 1995), that the power to impose taxes is inconsistent with enterprise status under section 20 of article X of the state constitution, it is the conclusion of the general assembly that the revenue collected by the enterprise is generated by fees, not taxes, because the community access retail delivery fee imposed by the enterprise as authorized by section 24-38.5-303 (7) is: (I) Imposed for the specific purpose of allowing the enterprise to defray the costs of providing the remediation services specified in this section, including mitigating impacts to air quality and greenhouse gas emissions caused by the activities on which the fee is assessed, and contributes to the implementation of the comprehensive regulatory scheme required for the planning, funding, development, construction, maintenance, and supervision of a sustainable transportation system; and (II) Collected at rates that are reasonably calculated based on the impacts caused by fee payers and the cost of remediating those impacts; and (f) So long as the enterprise qualifies as an enterprise for purposes of section 20 of article X of the state constitution, the revenue from the community access retail delivery fee collected by the enterprise is not state fiscal year spending, as defined in section 24-77-102 (17), or state revenues, as defined in section 24-77-103.6 (6)(c), and does not count against either the state fiscal year spending limit imposed by section 20 of article X of the state constitution or the excess state revenues cap, as defined in section 24-77-103.6 (6)(b)(I)(D).

C.R.S. § 24-38.5-302 Definitions

24-38.5-302. Definitions. As used in this part 3, unless the context otherwise requires: (1) "Battery electric motor vehicle" means a motor vehicle that is powered exclusively by a rechargeable battery pack that can be recharged by being plugged into an external source of electricity and that has no secondary source of propulsion. (2) "Board" means the governing board of the enterprise. (3) "Disproportionately impacted community" has the meaning set forth in section 24-4-109 (2)(b)(II). (4) "Electric alternative to motor vehicles" means a vehicle, as defined in section 42-1-102 (112), that is not a motor vehicle, and that uses electrical power in whole or in part for propulsion. (5) "Electric motor vehicle" means a battery electric motor vehicle, a hydrogen fuel cell motor vehicle, or a plug-in hybrid electric motor vehicle. (6) "Electric motor vehicle charging infrastructure" means electric vehicle charging systems and other electrical equipment installed on site to support electric motor vehicle charging including but not limited to battery energy storage systems. (7) "Enterprise" means the community access enterprise created in section 24-38.5-303 (1). (8) "Fund" means the community access enterprise fund created in section 24-38.5-303 (5). (9) "Heavy-duty electric motor vehicle" means an electric motor vehicle that has a gross vehicle weight rating, as defined in section 42-2-402 (6), of greater than twenty-six thousand pounds. (10) "Hydrogen fuel cell motor vehicle" means a motor vehicle that is powered by electricity produced from a fuel cell that uses hydrogen gas as fuel. (11) "Inflation" means the average annual percentage change in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its applicable predecessor or successor index, for the five years ending on the last December 31 before the state fiscal year for which an inflation adjustment to be made to the community access retail delivery fee imposed pursuant to section 24-38.5-303 (7) begins. (12) "Light-duty electric motor vehicle" means an electric motor vehicle that has a gross vehicle weight rating, as defined in section 42-4-402 (6), of not more than ten thousand pounds. (13) "Medium-duty electric motor vehicle" means an electric motor vehicle that has a gross vehicle weight rating, as defined in section 42-4-402 (6), of more than ten thousand pounds and not more than twenty-six thousand pounds. (14) "Motor vehicle" has the meaning set forth in section 42-1-102 (58). The term does not include a personal delivery device. (15) "Personal delivery device" means an autonomously operated robot that is: (a) Designed and manufactured for the purpose of transporting tangible personal property primarily on sidewalks, crosswalks, and other public rights-of-way that are typically used by pedestrians; (b) Weighs no more than five hundred fifty pounds, excluding any tangible personal property being transported; and device. (15) "Personal delivery device" means an autonomously operated robot that is: (a) Designed and manufactured for the purpose of transporting tangible personal property primarily on sidewalks, crosswalks, and other public rights-of-way that are typically used by pedestrians; (b) Weighs no more than five hundred fifty pounds, excluding any tangible personal property being transported; and (c) Operates at speeds of less than ten miles per hour when on sidewalks, crosswalks, and other public rights-of-way that are typically used by pedestrians. (16) "Plug-in hybrid electric motor vehicle" means a motor vehicle that is powered by both a rechargeable battery pack that can be recharged by being plugged into an external source of electricity and a secondary source of propulsion such as an internal combustion engine. (17) "Retail delivery" has the same meaning as set forth in section 43-4-218 (2)(e). (18) "Retailer" has the same meaning as set forth in section 39-26-102 (8). (19) Repealed. (20) "Tangible personal property" has the same meaning as set forth in section 39-26-102 (15). (21) "Transportation network company" has the same meaning as set forth in section 40-10.1-602 (3). (22) "Transportation network company driver" has the same meaning as set forth in section 40-10.1-602 (4). (23) "Transportation network company services" has the same meaning as set forth in section 40-10.1-602 (6).

C.R.S. § 24-38.5-303 Community access enterprise - creation - board - powers and duties - fund - fee - transparency and reporting

24-38.5-303. Community access enterprise - creation - board - powers and duties - fund - fee - transparency and reporting. (1) The community access enterprise is hereby created in the Colorado energy office. The enterprise is and operates as a government-owned business within the office to execute its business purpose as specified in subsection (3) of this section by exercising the powers and performing the duties set forth in this section. (2) (a) The governing board of the enterprise consists of seven members as follows: (I) The governor shall appoint four members with the advice and consent of the senate for terms of the length specified in subsection (2)(b) of this section. Of the four, at least one of the members must represent disproportionately impacted communities; at least one of the members must represent the interests of the automobile industry including manufacturers and dealers, the electric vehicle charging and fueling businesses, or owners or operators of motor vehicle fleets; and at least one of the members must represent a business or organization that supports electric alternatives to motor vehicles. The governor shall make reasonable efforts, to the extent such applications have been submitted for consideration for the board, to consider members that reflect the state's geographic diversity when making appointments and shall make initial appointments to the board no later than October 1, 2021. (II) The director of the Colorado energy office or the director's designee; (III) The executive director of the department of public health and environment or the executive director's designee; and (IV) The executive director of the department of transportation or the executive director's designee. (b) The members of the board appointed by the governor serve for terms of four years; except that two of the members initially appointed shall serve for initial terms of three years. A member who is appointed by the governor to fill a vacancy on the board shall serve the remainder of the unexpired term of the former member. The other board members serve for as long as they hold their positions or are designated to serve. (c) Members of the board serve without compensation but must be reimbursed from money in the fund for actual and necessary expenses incurred in the performance of their duties pursuant to this part 3. (3) The business purpose of the enterprise is to support the widespread adoption of electric motor vehicles, including motor vehicles that originally were powered exclusively by internal combustion engines but have been converted into electric motor vehicles, in an equitable manner by directly investing in transportation infrastructure, making grants or providing rebates or other financing options to fund the construction of electric motor vehicle charging infrastructure throughout the state, and incentivizing the acquisition and use of electric motor vehicles and electric alternatives to motor vehicles in communities, including but not limited to disproportionately impacted communities, and by owners of older, less fuel efficient, and higher polluting vehicles. To allow the enterprise to accomplish this business purpose and fully exercise its powers and duties through the board, the enterprise may: (a) Impose a community access retail delivery fee as authorized by subsection (7) of this section; (b) Invest in transportation infrastructure programs as authorized by subsection (8) of this section; and , less fuel efficient, and higher polluting vehicles. To allow the enterprise to accomplish this business purpose and fully exercise its powers and duties through the board, the enterprise may: (a) Impose a community access retail delivery fee as authorized by subsection (7) of this section; (b) Invest in transportation infrastructure programs as authorized by subsection (8) of this section; and (c) Issue revenue bonds payable from the revenue and other available money of the enterprise. (4) The enterprise constitutes an enterprise for purposes of section 20 of article X of the state constitution so long as it retains the authority to issue revenue bonds and receives less than ten percent of its total annual revenue in grants from all Colorado state and local governments combined. So long as it constitutes an enterprise pursuant to this subsection (4), the enterprise is not subject to section 20 of article X of the state constitution. (5) (a) The community access enterprise fund is hereby created in the state treasury. The fund consists of community access retail delivery fee revenue credited to the fund pursuant to subsection (7) of this section, any monetary gifts, grants, donations, or other payments received by the enterprise, any federal money that may be credited to the fund, and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Money in the fund is continuously appropriated to the enterprise and may be expended to provide grants and rebates, pay its reasonable and necessary operating expenses, including the repayment of any loan received pursuant to subsection (5)(b) of this section, and otherwise exercise its powers and perform its duties as authorized by this part 3. (b) The Colorado energy office may transfer money from the energy fund created in section 24-38.5-102.4 to the enterprise for the purpose of defraying expenses incurred by the enterprise before it receives fee revenue or revenue bond proceeds. The enterprise may accept and expend any money so transferred, and, notwithstanding any state fiscal rule or generally accepted accounting principle that could otherwise be interpreted to require a contrary conclusion, such a transfer is a loan from the Colorado energy office to the enterprise that is required to be repaid and is not a grant for purposes of section 20 (2)(d) of article X of the state constitution or as defined in section 24-77-102 (7). All money transferred as a loan to the enterprise shall be credited to the community access enterprise initial expenses fund, which is hereby created in the state treasury, and loan liabilities that are recorded in the community access enterprise initial expenses fund but that are not required to be paid in the current fiscal year shall not be considered when calculating sufficient statutory fund balance for purposes of section 24-75-109. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the community access enterprise initial expenses fund to the fund. The community access enterprise initial expenses fund is continuously appropriated to the enterprise for the purpose of defraying expenses incurred by the enterprise before it receives fee revenue or revenue bond proceeds. As the enterprise receives sufficient revenue in excess of expenses, the enterprise shall reimburse the energy fund for the principal amount of any loan from the energy fund made by the Colorado energy office plus interest at a rate set by the Colorado energy office enterprise for the purpose of defraying expenses incurred by the enterprise before it receives fee revenue or revenue bond proceeds. As the enterprise receives sufficient revenue in excess of expenses, the enterprise shall reimburse the energy fund for the principal amount of any loan from the energy fund made by the Colorado energy office plus interest at a rate set by the Colorado energy office. Upon receipt of such reimbursement, the Colorado energy office shall instruct the state treasurer to transfer from the energy fund to the general fund the amount needed to fully repay the amount of any general fund money appropriated to the energy fund for the purpose of funding the loan made pursuant to this subsection (5)(b) plus the interest included in the reimbursement. (6) In addition to any other powers and duties specified in this section, the board has the following general powers and duties: (a) To adopt bylaws for the regulation of its affairs and the conduct of its business; (b) To acquire, hold title to, and dispose of real and personal property; (c) In consultation with the director of the Colorado energy office or the director's designee, to employ and supervise individuals, professional consultants, and contractors as are necessary in its judgment to carry out its business purpose; (d) To contract with any public or private entity including state agencies, consultants, and the attorney general's office for professional and technical assistance, office space and administrative services, advice, and other services related to the conduct of the affairs of the enterprise. The enterprise is encouraged to issue grants on a competitive basis based on written criteria established by the enterprise in advance of any deadlines for the submission of grant applications. The board shall generally avoid using sole-source contracts. (e) To seek, accept, and expend gifts, grants, donations, or other payments from private or public sources for the purposes of this part 3 so long as the total amount of all grants from Colorado state and local governments received in any state fiscal year is less than ten percent of the enterprise's total annual revenue for the state fiscal year. The enterprise shall transmit any money received through gifts, grants, donations, or other payments to the state treasurer, who shall credit the money to the fund. (f) To publish grant and similar program processes by which the enterprise accepts applications, the criteria used for evaluating applications, and a list of grantees pursuant to subsection (8) of this section; (g) To promulgate rules for the sole purpose of setting the amount of the community access retail delivery fee at or below the maximum amount authorized in this section; and (h) To have and exercise all rights and powers necessary or incidental to or implied from the specific powers and duties granted by this section. (7) (a) In furtherance of its business purpose, beginning in state fiscal year 2022-23, the enterprise shall impose, and the department of revenue shall collect on behalf of the enterprise, a community access retail delivery fee on each retail delivery. Each retailer who makes a retail delivery shall either collect and remit or elect to pay the community access retail delivery fee in the manner prescribed by the department in accordance with section 43-4-218 (6). For the purpose of minimizing compliance costs for retailers and administrative costs for the state, the department of revenue shall collect and administer the community access retail delivery fee on behalf of the enterprise in the same manner in which it collects and administers the retail delivery fee imposed by section 43-4-218 (3). (b) For retail deliveries of tangible personal property purchased during state fiscal year 2022-23, the enterprise shall impose the community access retail delivery fee in a maximum amount of six and nine-tenths cents. he community access retail delivery fee on behalf of the enterprise in the same manner in which it collects and administers the retail delivery fee imposed by section 43-4-218 (3). (b) For retail deliveries of tangible personal property purchased during state fiscal year 2022-23, the enterprise shall impose the community access retail delivery fee in a maximum amount of six and nine-tenths cents. (c) (I) Except as otherwise provided in subsection (7)(c)(II) of this section, for retail deliveries of tangible personal property purchased during state fiscal year 2023-24 or during any subsequent state fiscal year, the enterprise shall impose the community access retail delivery fee in a maximum amount that is the maximum amount for the prior state fiscal year adjusted for inflation. The enterprise shall notify the department of revenue of the amount of the community access retail delivery fee to be collected for retail deliveries of tangible personal property purchased during each state fiscal year no later than March 15 of the calendar year in which the state fiscal year begins, and the department of revenue shall publish the amount no later than April15 of the calendar year in which the state fiscal year begins. (II) The enterprise is authorized to adjust the amount of the community access retail delivery fee for retail deliveries of tangible personal property purchased during a state fiscal year only if the department of revenue adjusts the amount of the retail delivery fee imposed by section 43-4-218 (3) for retail deliveries of tangible personal property purchased during the state fiscal year. (8) In furtherance of its business purpose, and subject to the requirements set forth in this subsection (8), the enterprise is authorized to implement grant, loan, or rebate programs for the following purposes: (a) To fund the construction of electric motor vehicle charging infrastructure including but not limited to: (I) Public, workplace, transportation network company, and multifamily electric vehicle chargers; (II) Electric vehicle chargers for communities, including but not limited to disproportionately impacted communities; (III) Electric vehicle chargers for medium-duty electric motor vehicles and heavy-duty electric motor vehicles, including electrified refrigerated trailers; (IV) Infrastructure needs to support the powering of hydrogen fuel cell motor vehicles; and (V) Networks and plazas of direct current charging infrastructure that offer fast charging for electric motor vehicles; (b) To provide inexpensive and accessible electric alternatives to motor vehicles such as electrical assisted bicycles and electric scooters; (c) To support the adoption of electric motor vehicles in communities, including but not limited to disproportionately impacted communities, including by incentivizing replacement of high-emitting motor vehicles with electric motor vehicles; and vehicles; (b) To provide inexpensive and accessible electric alternatives to motor vehicles such as electrical assisted bicycles and electric scooters; (c) To support the adoption of electric motor vehicles in communities, including but not limited to disproportionately impacted communities, including by incentivizing replacement of high-emitting motor vehicles with electric motor vehicles; and (d) To provide incentives for transportation network companies and companies that rent motor vehicles to transportation network company drivers for use in providing transportation network company services to increase access to overnight charging capability for drivers. (9) The enterprise shall contract with the air pollution control division of the department of public health and environment to develop proposed rules for the consideration of the air quality control commission that will support the enterprise's business services, including remediation services, in a manner that maintains compliance with the federal and state statutes, rules, and regulations governing air quality. The division shall collaborate with the Colorado energy office and the department of transportation when developing the rules. (10) (a) To ensure transparency and accountability, the enterprise shall: (I) No later than June 1, 2022, publish and post on its website a ten-year plan that details how the enterprise will execute its business purpose during state fiscal years 2022-23 through 2031-32 and estimates the amount of funding needed to implement the plan. No later than January 1, 2032, the enterprise shall publish and post on its website a new ten-year plan for state fiscal years 2032-33 through 2041-42. (II) Create, maintain, and regularly update on its website a public accountability dashboard that provides, at a minimum, accessible and transparent summary information regarding the implementation of its ten-year plan, the funding status and progress toward completion of each project that it wholly or partly funds, and its per project and total funding and expenditures; (III) Engage regularly regarding its projects and activities with the public, specifically reaching out to and seeking input from communities, including but not limited to disproportionately impacted communities, and interest groups that are likely to be interested in the projects and activities; and (IV) Prepare an annual report regarding its activities and funding and present the report to the transportation commission created in section 43-1-106 (1) and to the transportation and local government and energy and environment committees of the house of representatives and the transportation and energy committee of the senate, or any successor committees. The enterprise shall also post the annual report on its website. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (10)(a)(IV) to the specified legislative committees continues indefinitely. (b) The enterprise is subject to the open meetings provisions of the "Colorado Sunshine Act of 1972", contained in part 4 of article 6 of this title 24, and the "Colorado Open Records Act", part 2 of article 72 of this title 24. (c) For purposes of the "Colorado Open Records Act", part 2 of article 72 of this title 24, and except as may otherwise be provided by federal law or regulation or state law, the records of the enterprise are public records, as defined in section 24-72-202 (6), regardless of whether the enterprise receives less than ten percent of its total annual revenue in grants, as defined in section 24-77-102 (7), from all Colorado state and local governments combined. (d) The enterprise is a public entity for purposes of part 2 of article 57 of title 11.

C.R.S. § 24-38.5-401 Energy code board - appointment - creation - duties - definitions - repeal

24-38.5-401. Energy code board - appointment - creation - duties - definitions - repeal. (1) Definitions. As used in this section, unless the context otherwise requires: (a) "Acceptable refrigerant" means a refrigerant that is: (I) Listed as acceptable in 42 U.S.C. sec. 7671k of the federal "Clean Air Act" and used in equipment that is listed and installed pursuant to the use conditions imposed within that section; and (II) Listed as acceptable in appendix U and appendix V of subpart G of 40 CFR 82 and used in equipment that is listed and installed pursuant to the use conditions imposed within those appendices. (b) "Electric ready" means adequate panel capacity, dedicated electric panel space, electrical wire, electrical receptacles, and adequate physical space to accommodate future installation of high-efficiency electric appliances including heating, water heating, cooking, drying, and an electric vehicle. (c) "Energy code board" means the energy code board appointed by the directors of the Colorado energy office and the department of local affairs pursuant to subsection (2) of this section. (d) (I) "EV capable" means a parking space that: (A) Has the electrical panel capacity and conduit installed to support future implementation of electrical vehicle charging with a minimum of two hundred eight volts and a minimum of forty-ampere rated circuits; and (B) Is adjacent to the terminal point of the conduit from the electrical facilities described in subsection (1)(d)(I)(A) of this section. (II) "EV capable" includes two adjacent parking spaces if the conduit for the electrical facilities described in subsection (1)(d)(I)(A) of this section terminates adjacent to and between both parking spaces. (e) (I) "EV ready" means a parking space that: (A) Has the electrical panel capacity, raceway wiring, receptacle, and circuit overprotection devices installed to support future implementation of electrical vehicle charging with a minimum of two hundred eight volts and a minimum of forty-ampere rated circuits; and (B) Is adjacent to the receptacle for the electrical facilities described in subsection (1)(e)(I)(A) of this section. (II) "EV ready" includes two adjacent parking spaces if the receptacle for the electrical facilities described in subsection (1)(e)(I)(A) of this section is installed adjacent to and between both parking spaces. (f) "EV supply equipment" 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 and has the ability to connect to the internet; or (II) An inductive residential charging system for battery-powered electric vehicles that: (A) Is certified by Underwriters Laboratories or an equivalent certification; (B) 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; (C) Is Energy Star certified; and (D) Has the ability to connect to the internet. (g) "Individual with a disability" has the same meaning as set forth in the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and its related amendments and implementing regulations. (h) "International energy conservation code" means the energy code published by the international code council, or subsequent code or entity. (i) "Mixed fuel use building" means a residential or commercial building that is designed and built with equipment that uses gaseous fuels on site in addition to electricity. S.C. sec. 12101 et seq., and its related amendments and implementing regulations. (h) "International energy conservation code" means the energy code published by the international code council, or subsequent code or entity. (i) "Mixed fuel use building" means a residential or commercial building that is designed and built with equipment that uses gaseous fuels on site in addition to electricity. (j) "Provisions for electrical service capacity" means: (I) Building electrical service, sized for the anticipated load of electric vehicle charging stations, that has over current protection devices necessary for electric vehicle charging stations or has adequate space to add over current protection devices; (II) A conduit system installed from building electrical service to parking spaces that can support, at a minimum, electrical wiring for installation of electric vehicle charging stations, and, if the conduit system is for future installation of electric vehicle charging stations, that labels both ends of the conduit system to mark the conduit system as provided for future electric vehicle charging stations; and (III) Space within a building to add additional building electrical service for installation of electrical service capacity for electric vehicle charging stations. (k) "Solar ready" means adequate panel capacity, dedicated electrical panel space, electrical conduit, physical roof space, and structural load to accommodate future installation of solar panels, with exemptions for small roofs and consistently shaded roofs. (l) "State agencies" means the office of the state architect, the division of fire prevention and control, and the division of housing. (2) Appointment of the energy code board. On or before October 1, 2022, the directors of the Colorado energy office and the department of local affairs shall appoint and convene an energy code board to develop both a model electric ready and solar ready code and a model low energy and carbon code for adoption by counties, municipalities, and state agencies. (3) (a) Membership of the energy code board. The energy code board consists of the following members appointed by the director of the Colorado energy office: (I) The director of the Colorado energy office or the director's designee; (II) One member representing the urban counties of the state; (III) One member representing the municipalities in rural areas of the state; (IV) Two members representing environmental or sustainability groups; (V) One member who is a solar power expert; (VI) One member who is an energy efficiency expert; (VII) One member representing professional engineers with experience working on systems for buildings; (VIII) One member representing an electrical utility, a gas utility, or a combined electric and gas utility; (IX) One member representing architects; and (X) One member who is a building energy code expert. mber who is a solar power expert; (VI) One member who is an energy efficiency expert; (VII) One member representing professional engineers with experience working on systems for buildings; (VIII) One member representing an electrical utility, a gas utility, or a combined electric and gas utility; (IX) One member representing architects; and (X) One member who is a building energy code expert. (b) The energy code board consists of the following members appointed by the director of the department of local affairs: (I) The director of the department of local affairs or the director's designee; (II) One member representing the rural counties of the state; (III) One member representing the municipalities in urban areas of the state; (IV) Two members representing affordable housing operations: (A) One of these members must represent a for-rent nonprofit builder who serves populations with incomes under eighty percent of an area's median income; and (B) One of these members must represent a nonprofit affordable for-sale housing builder; (V) Two members who hold an electrical license, plumbing license, or a professional credential in the mechanical trades, at least one of whom is a member of a labor organization; (VI) One member representing a statewide organization for home building professionals; (VII) One member with building operation expertise; and (VIII) One member who is a contractor who provides mechanical, electrical, or plumbing services or represents a statewide association that represents mechanical, electrical, or plumbing contractors. (c) One of the members identified in subsections (3)(a)(II), (3)(a)(III), (3)(b)(II), or (3)(b)(III) of this section must be a building official. (d) In order to be selected by the director of the Colorado energy office or the director of the department of local affairs as a member of the energy code board, an applicant must submit with their application a recommendation from a relevant member or trade organization, if such member or trade organization exists. In making appointments to the energy code board, the directors of the Colorado energy office and the department of local affairs shall strive to ensure geographic diversity and that each of the three major climate zones in the state is represented. (e) If any member of the energy code board steps down, otherwise elects to no longer serve, or otherwise can no longer serve on the energy code board, the directors of the Colorado energy office and the department of local affairs shall select that member's replacement according to the same criteria that the directors of the Colorado energy office and the department of local affairs used in originally selecting the member. (f) The energy code board shall adopt policies and procedures as necessary to meet the requirements of this section. board, the directors of the Colorado energy office and the department of local affairs shall select that member's replacement according to the same criteria that the directors of the Colorado energy office and the department of local affairs used in originally selecting the member. (f) The energy code board shall adopt policies and procedures as necessary to meet the requirements of this section. (4) (a) Energy code board executive committee. The directors of the Colorado energy office and the department of local affairs shall appoint an executive committee for the energy code board that consists of the following members: (I) The director of the Colorado energy office or the director's designee selected to serve on the energy code board pursuant to subsection (3)(a)(I) of this section; (II) The director of the department of local affairs or the director's designee selected to serve on the energy code board pursuant to subsection (3)(b)(I) of this section; (III) One member of the energy code board selected to represent either urban or rural counties who was selected to serve on the energy code board pursuant to subsection (3)(a)(II) or (3)(b)(II) of this section; (IV) One member of the energy code board selected to represent municipalities from either urban or rural areas of the state who was selected to serve on the energy code board pursuant to subsection (3)(a)(III) or (3)(b)(III) of this section; and (V) The member of the energy code board who is a building energy code expert and who was selected to serve on the energy code board pursuant to subsection (3)(a)(IX) of this section. (b) Either the member of the executive committee selected pursuant to subsection (4)(a)(III) of this section or the member of the executive committee selected pursuant to subsection (4)(a)(IV) of this section must be a building official. (5) (a) Duty of the energy code board to adopt a model electric ready and solar ready code. It is the duty of the energy code board to develop a model electric ready and solar ready code on or before June 1, 2023, for adoption by counties, municipalities, and state agencies. (b) The model electric ready and solar ready code developed by the energy code board must apply to commercial and residential buildings and must include: (I) Solar ready requirements; (II) EV ready and EV capable requirements for residential buildings; (III) EV ready, EV capable, and EV supply equipment installed requirements for multi-family and commercial buildings with provisions for electrical service capacity in twenty percent or more of the vehicle parking spaces in the garage or parking area; (IV) Electric ready requirements for all single-family residential mixed fuel use buildings; (V) Electric ready requirements for multi-family and small commercial mixed fuel use buildings under ten thousand square feet; (VI) Requirements that multi-family and large commercial mixed fuel use buildings that are ten thousand square feet or greater provide dedicated electric panel space, electrical wire, electrical receptacles, and adequate panel capacity to accommodate the future installation of efficient, electric technologies and charging for electric vehicles. These requirements must take into account the cost-effectiveness of pre-wiring for efficient electric equipment and the ability to determine what wiring and receptacle locations would be needed; and (VII) A process to waive energy code requirements when there has been a declared natural disaster that has destroyed buildings or other circumstances as determined by the energy code board. vehicles. These requirements must take into account the cost-effectiveness of pre-wiring for efficient electric equipment and the ability to determine what wiring and receptacle locations would be needed; and (VII) A process to waive energy code requirements when there has been a declared natural disaster that has destroyed buildings or other circumstances as determined by the energy code board. (c) In developing a model electric ready and solar ready code, the energy code board shall: (I) Ensure that buildings can be converted to high efficiency electric space and water heating equipment and appliances at the lowest possible cost to building owners; (II) In developing the model electric ready and solar ready code language for multi-family and large commercial mixed fuel use for buildings ten thousand square feet or greater, the energy code board shall develop clear guidelines to be included in the model energy ready and solar ready code that seek to minimize the costs that builders, building owners, and developers incur in meeting electric ready and solar ready code requirements while also ensuring that buildings can be converted to high efficiency electric space and water heating equipment and appliances at the lowest possible cost to building owners. These guidelines must include provisions for: (A) A standard methodology for determining how to calculate or measure when compliance with a model electric and solar ready code reaches a substantial cost differential that would require a waiver or variance for some or all of the provisions of the model electric and solar ready code; (B) An evidence-based, uniform waiver or variance process to allow a builder, developer, or building owner to request a waiver when it can be demonstrated with reasonable evidence that compliance will create a substantial cost differential; and (C) As used in this subsection (5)(c)(II), "substantial cost differential" means one percent or greater of the total mechanical, electrical, and plumbing construction costs on the project; (III) Take into account home affordability; (IV) (A) Ensure that the model electric ready and solar ready code developed by the energy code board does not apply to construction or renovation that serves the primary purpose of making a building accessible or more accessible for an individual with a disability. (B) As used in this subsection (5)(c)(IV), "accessible" means able to be approached, entered, and used; (V) Ensure that the use of an acceptable refrigerant is not prohibited; and (VI) Ensure that all electrical and plumbing installations required under the model electric ready and solar ready code are subject to statutory and regulatory inspection and permit requirements. (6) (a) Duty of the energy code board to adopt a model low energy and carbon code. It is the duty of the energy code board to develop a model low energy and carbon code on or before September 1, 2025, for adoption by counties, municipalities, and state agencies. required under the model electric ready and solar ready code are subject to statutory and regulatory inspection and permit requirements. (6) (a) Duty of the energy code board to adopt a model low energy and carbon code. It is the duty of the energy code board to develop a model low energy and carbon code on or before September 1, 2025, for adoption by counties, municipalities, and state agencies. (b) The model low energy and carbon code developed by the energy code board must apply to commercial and residential buildings and must: (I) Include the more energy efficient of either the 2021 or 2024 international energy conservation code, except as the energy code board may modify those international energy conservation codes pursuant to subsection (7) of this section, including any appendices and resources to the international energy conservation code that the energy code board deems appropriate; (II) Include the model electric ready and solar ready code language developed for adoption by the energy code board pursuant to subsection (5) of this section, and modified as the energy code board deems appropriate, including accessibility requirements for EV capable, EV ready, and EV supply equipment installed parking spaces that take into consideration design recommendations for accessible electric vehicle charging stations published by the United States access board and any applicable regulations issued by the federal department of justice or department of transportation implementing the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended; (III) Provide compliance pathways for all-electric and mixed fuel use residential and commercial buildings; (IV) Exempt electricity consumption in residential and commercial buildings from any onsite or offsite renewable energy requirements; (V) Allow projects consisting of only replacing a space or water heating system, at the end of that system's useful life, with the installation of a new system using the same fuel or power source, without triggering pre-wire requirements; (VI) Ensure that for any renewable energy measures used to ensure that a home or commercial building is compliant with the model low energy and carbon code developed by the energy code board, any electric renewable energy credits generated may not be double counted between compliance with this section and the requirements under section 25-7-105 (1)(e), section 40-3.2-108 (3)(b), section 40-2-125.5, or any similar greenhouse gas emission reduction program or set of requirements. Nothing in this section shall preclude a utility from acquiring renewable energy credits from a building owner through a net-metering agreement. (VII) Take into account home affordability; (VIII) Minimize overall carbon dioxide emissions associated with new and renovated homes and commercial buildings; and (IX) Create a process to waive energy code requirements when there has been a declared natural disaster that has destroyed buildings or other circumstances as determined by the energy code board. wner through a net-metering agreement. (VII) Take into account home affordability; (VIII) Minimize overall carbon dioxide emissions associated with new and renovated homes and commercial buildings; and (IX) Create a process to waive energy code requirements when there has been a declared natural disaster that has destroyed buildings or other circumstances as determined by the energy code board. (c) In developing a model low energy and carbon code, the energy code board shall: (I) (A) Ensure that the model electric ready and solar ready code developed by the energy code board does not apply to construction or renovation that serves the primary purpose of making a building accessible or more accessible for an individual with a disability; (B) As used in this subsection (6)(c)(I), "accessible" means able to be approached, entered, and used; and (II) Ensure that the use of an acceptable refrigerant is not prohibited. (7) Option to relax international energy conservation code appendices and resources. The energy code board may as necessary relax the stringency of any requirements in the international energy conservation code, including appendices and resources that it adopts as part of the model low energy and carbon code language it develops pursuant to subsection (6) of this section if it deems that doing so is appropriate, but the energy code board shall not increase the stringency of any requirements in the international energy conservation code, including appendices and resources that it adopts as part of the model low energy and carbon code language it develops pursuant to subsection (6) of this section. (8) (a) Process for model code development. In order to develop either the model electric ready and solar ready code pursuant to subsection (5) of this section or the model low energy and carbon code pursuant to subsection (6) of this section, two-thirds of the members of the energy code board must approve each element of the model code. (b) If two-thirds of the energy code board fail, on or before April 1, 2023, to adopt any element of the model electric ready and solar ready code required by subsection (5) of this section, the executive committee shall vote on that same element on or before May 15, 2023. If two-thirds of the energy code board fail, on or before June 1, 2025, to adopt an element of the model low energy and carbon required by subsection (6) of this section, the executive committee shall vote on that same element on or before August 1, 2025. (c) Repealed. (d) Upon a vote of the majority of the executive committee, an element that the energy code board failed to adopt is adopted as part of either the model electric ready and solar ready code or the model low energy and carbon code is adopted as an element of the respective model code. (e) During the development of both the model electric ready and solar ready code and the model low energy and carbon code, the director of the department of local affairs or the director's designee and the director of the Colorado energy office or the director's designee shall ensure that the energy code board adheres to the requirements of this section. (9) Acceptable refrigerants. The use of an acceptable refrigerant may not be prohibited or otherwise restricted by a locality, county, or other state rule or regulation; except that nothing in this article 38.5 may be construed to prohibit, limit, or otherwise modify the requirements of regulation number 22, 5 CCR 1001-26, as amended, or any entity's procurement requirements for their own use. (10) (a) Reporting. The Colorado energy office shall include an update regarding the effectiveness of the energy code board in its 2027 report to the members of the applicable committees of reference in the senate and house of representatives as required by the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2. r their own use. (10) (a) Reporting. The Colorado energy office shall include an update regarding the effectiveness of the energy code board in its 2027 report to the members of the applicable committees of reference in the senate and house of representatives as required by the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2. (b) The department of local affairs shall include an update regarding the effectiveness of the energy code board in its 2027 report to the members of the applicable committees of reference in the senate and house of representatives as required by the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2. (11) Repeal. This section is repealed, effective September 1, 2027.

C.R.S. § 24-38.5-402 Model green energy code

24-38.5-402. Model green energy code. Before July 1, 2024, the Colorado energy office shall identify model green code language for adoption. The Colorado energy office shall promote the voluntary adoption of this model green code language.

C.R.S. § 24-38.5-403 Energy code training - energy code adoption - grant writing assistance

24-38.5-403. Energy code training - energy code adoption - grant writing assistance. (1) (a) The Colorado energy office shall provide energy code training to assist local governments, divisions in the executive branch of state government, builders, and contractors in adopting and implementing the 2021 international energy conservation code, electric ready and solar ready codes, and low energy and carbon codes. The training itself and the materials provided along with this training must be in both English and Spanish. (b) If the Colorado energy office is able to obtain funding, the Colorado energy office shall provide financial assistance through an application process to support the adoption and enforcement by local governments of the 2021 international energy conservation code, an electric ready and solar ready code, and a low energy and carbon code. (2) The Colorado energy office shall adopt policies and procedures as necessary for the creation and administration of a grant program to award the grants described in subsection (3)(a)(I) of this section, including policies and procedures that at a minimum establish the application process and the grant award criteria. (3) (a) Within three days after June 2, 2022, the state treasurer shall transfer three million dollars from the general fund to the energy fund created in section 24-38.5-102.4. The Colorado energy office shall expend the money transferred by the general assembly pursuant to this subsection (3)(a) for the purposes of: (I) Issuing grants, not to exceed a total of one million eight hundred seventy-five thousand dollars, to local governments to support their adoption and enforcement of the 2021 international energy conservation code, an electric ready and solar ready code, and a low energy and carbon code and to cover the direct and indirect costs associated with issuing these grants; and (II) Providing energy code training and technical assistance, including grant writing assistance, not to exceed a total cost of one million dollars, to assist local governments and divisions in the executive branch of state government in adopting and enforcing the 2021 international energy conservation code, an electric ready and solar ready code, a low energy and carbon code, or a green code and covering the direct and indirect costs associated with aligning energy codes and with providing this training and technical assistance. (b) Within three days after June 2, 2022, the state treasurer shall transfer one million dollars from the general fund to the energy fund created in section 24-38.5-102.4. The Colorado energy office shall expend the money transferred by the general assembly pursuant to this subsection (3)(b) for the purpose of providing energy code training to assist architects, builders, contractors, and designers in implementing the 2021 international energy conservation code, electric ready and solar ready codes, and low energy and carbon codes. The training and materials provided along with this training must be in both English and Spanish. (c) Within three days after June 2, 2022, the state treasurer shall transfer two hundred seventy-five thousand dollars from the general fund to the energy fund created in section 24-38.5-102.4. The Colorado energy office shall expend the money transferred by the general assembly pursuant to this subsection (3)(c) for the costs associated with administering the energy code board established in section 24-38.5-401 (2).

C.R.S. § 24-38.5-404 Building electrification for public buildings grant program - creation - report - legislative declaration

24-38.5-404. Building electrification for public buildings grant program - creation - report - legislative declaration. (1) The general assembly hereby finds, determines, and declares that: (a) Emissions from heating buildings are one of the five largest sources of greenhouse gas pollution in Colorado; (b) Many public buildings owned by local governments, school districts, institutions of higher education, and other governmental entities are older buildings with both high energy costs and emissions; (c) Energy performance contracting is an important tool that governmental entities can use to upgrade the energy performance of buildings by financing energy upgrades based on projected savings in energy costs; (d) Newer technologies such as cold climate heat pumps and heat pump water heaters offer many opportunities to reduce greenhouse gas and nitrogen oxide emissions and improve indoor air quality; and (e) Therefore, it is important for state investments to support public agencies in including high-efficiency electric heating upgrades in energy performance contracts for public buildings. (2) There is created in the Colorado energy office the building electrification for public buildings grant program to provide grants to institutions of higher education, local governments, school districts, state agencies, and special districts for the installation of high-efficiency electric heating equipment. (3) Grantees may use money received through the building electrification for public buildings grant program for the following purposes: (a) The purchase and installation of high-efficiency electric equipment for space heating, water heating, or cooking; (b) The purchase of electrical installations and upgrades necessary to support the installation of high-efficiency electric equipment; (c) The purchase and installation of other innovative building heating technologies that the Colorado energy office determines will likely achieve equal or lower levels of greenhouse gas emissions than high efficiency heat pumps operated on the projected 2030 electric grid; and (d) In the case of eligible entities from low-income, disproportionately impacted communities, or just transition communities as those communities are identified by the Colorado energy office, to cover the administrative costs associated with the purchase and installation described in subsections (3)(a), (3)(b), and (3)(c) of this section. (4) The Colorado energy office shall administer the building electrification for public buildings grant program, award grants as provided in this section, and develop policies and procedures as necessary to implement the grant program. (5) Grants shall be paid out of the clean air buildings investments fund created in section 24-38.5-406. (6) The Colorado energy office may develop policies and procedures prioritizing the grant applications of eligible entities from low-income, disproportionately impacted communities, or just transition communities as those communities are identified by the Colorado energy office, and the Colorado energy office shall award at least thirty percent of the total amount of money it awards through grants pursuant to the building electrification for public buildings grant program to such eligible entities. (7) (a) To receive a grant, an eligible entity must submit an application to the Colorado energy office in accordance with the policies and procedures specified by the Colorado energy office. energy office shall award at least thirty percent of the total amount of money it awards through grants pursuant to the building electrification for public buildings grant program to such eligible entities. (7) (a) To receive a grant, an eligible entity must submit an application to the Colorado energy office in accordance with the policies and procedures specified by the Colorado energy office. (b) The Colorado energy office shall provide technical assistance in applying for grants through the building electrification for public buildings grant program as needed to eligible entities from low-income, disproportionately impacted communities, or just transition communities as those communities are identified by the Colorado energy office. (8) (a) Each grantee that receives a grant through the building electrification for public buildings grant program shall submit an annual report to the Colorado energy office for the first five years after receiving the grant. (b) (I) On or before February 1, 2024, and on each year thereafter, the Colorado energy office shall submit a summarized report to the transportation and energy committee of the senate and the energy and environment committee of the house of representatives or their successor committees, on the building electrification for public buildings grant program. At a minimum, this summarized report must include: (A) A description of the grants awarded, including a description of the projects funded by the grants as described to the Colorado energy office in the grant applications; (B) The percentage of grants awarded to low-income, disproportionately impacted communities or just transition communities and to individuals with a disability or entities that used the grants to provide a service for individuals with a disability; and (C) To the extent available, the impacts of the grants on gas use, electricity use, emissions, and energy costs. (II) This subsection (8)(b) is repealed, effective July 1, 2026.

C.R.S. § 24-38.5-405 High-efficiency electric heating and appliances grant program - creation - report - legislative declaration - repeal

24-38.5-405. High-efficiency electric heating and appliances grant program - creation - report - legislative declaration - repeal. (1) The general assembly hereby finds, determines, and declares that: (a) Emissions from heating buildings are one of the five largest sources of greenhouse gas pollution in Colorado; (b) Over a million Coloradans live in energy burdened households that spend five percent or more of their household income on energy expenditures; (c) Newer technologies such as cold climate heat pumps and heat pump water heaters offer many opportunities to reduce greenhouse gas and nitrogen oxide emissions and improve indoor air quality; (d) Energy upgrades to residential and commercial buildings may be more cost effective and easier to implement when deployed at the neighborhood scale, and neighborhood-scale upgrades may allow utilities to avoid or defer investments in gas and electric distribution, thereby reducing costs for all utility ratepayers; and (e) Therefore, it is important for the state to support investments in neighborhood-scale energy efficiency upgrades. (2) There is created in the Colorado energy office the high-efficiency electric heating and appliances grant program to provide grants to institutions of higher education, local governments, utilities, nonprofit organizations, businesses and other entities as determined by the Colorado energy office, and housing developers for the installation of high-efficiency electric heating equipment in multiple structures within a neighborhood. (3) Grantees may use the money received through the high-efficiency electric heating and appliances grant program for the following purposes: (a) The purchase and installation of high-efficiency electric equipment for drying clothes, space heating, water heating, cooking in multiple residential or commercial buildings located in close proximity, or for other electric equipment as determined by the Colorado energy office; (b) The purchase of electrical installations and upgrades necessary to support the installation of high-efficiency electric equipment; (c) The purchase and installation of other innovative building heating technologies that the Colorado energy office determines will likely achieve equal or lower levels of greenhouse gas emissions than high-efficiency heat pumps operated on the projected 2030 electric grid; and (d) In the case of local governments, electric and gas utilities, nonprofit organizations, businesses and other entities as determined by the Colorado energy office, or housing developers that operate in low-income, disproportionately impacted communities or just transition communities as those communities are identified by the Colorado energy office, to cover the administrative costs associated with the purchase and installation described in subsections (3)(a), (3)(b), and (3)(c) of this section. (4) The Colorado energy office shall administer the high-efficiency electric heating and appliances grant program, award grants as provided in this section, and develop policies and procedures as necessary to implement the grant program. (5) Grants shall be paid out of the clean air buildings investments fund created in section 24-38.5-406. subsections (3)(a), (3)(b), and (3)(c) of this section. (4) The Colorado energy office shall administer the high-efficiency electric heating and appliances grant program, award grants as provided in this section, and develop policies and procedures as necessary to implement the grant program. (5) Grants shall be paid out of the clean air buildings investments fund created in section 24-38.5-406. (6) The Colorado energy office may develop policies and procedures prioritizing the grant applications of local governments, electric and gas utilities, nonprofit organizations, businesses and other entities as determined by the Colorado energy office, or housing developers that operate in low-income, disproportionately impacted communities or just transition communities as those communities are identified by the Colorado energy office, and the Colorado energy office shall award at least thirty percent of the total amount of money it awards through grants pursuant to the high-efficiency electric heating and appliances grant program to such local governments, electric and gas utilities, nonprofit organizations, businesses and other entities as determined by the Colorado energy office, or housing developers. (7) (a) To receive a grant, a local government, electric or gas utility, nonprofit organization, business and other entity as determined by the Colorado energy office, or housing developer must submit an application to the Colorado energy office in accordance with the policies and procedures specified by the Colorado energy office. (b) The Colorado energy office shall provide technical assistance in applying for grants through the high-efficiency electric heating and appliances grant program as needed to local governments, electric and gas utilities, nonprofit organizations, businesses and other entities as determined by the Colorado energy office, or housing developers that operate in low-income, disproportionately impacted communities or just transition communities as those communities are identified by the Colorado energy office. (8) (a) Each grantee that receives a grant through the high-efficiency electric heating and appliances grant program shall submit a report to the Colorado energy office the first five years after receiving the grant. (b) (I) On or before February 1, 2024, and on each year thereafter, the Colorado energy office shall submit a summarized report to the transportation and energy committee of the senate and the energy and environment committee of the house of representatives, or their successor committees, on the high-efficiency electric heating and appliances grant program. At a minimum, this summarized report must include: (A) A description of the grants awarded, including a description of the projects funded by the grants as described to the Colorado energy office in the grant applications; (B) The percentage of grants awarded to low-income, disproportionately impacted communities or just transition communities and to individuals with a disability or entities that used the grants to provide a service for individuals with a disability; and (C) To the extent available, the impacts of the grants on gas use, electricity use, emissions, and energy costs. (II) This subsection (8)(b) is repealed, effective July 1, 2026.

C.R.S. § 24-38.5-406 Clean air building investments fund - creation - use of fund

24-38.5-406. Clean air building investments fund - creation - use of fund. (1) The clean air building investments fund, referred to in this section as the "fund", is created in the state treasury. The principal of the fund consists of money transferred to the fund from the general fund and gifts, grants, and donations. Interest and income earned on the deposit and investment of money in the fund are credited to the fund. (2) All money in the fund is continuously appropriated to the Colorado energy office. The Colorado energy office may expend money from the fund for the creation, implementation, and administration of: (a) The building electrification for public buildings grant program created in section 24-38.5-404; and (b) The high-efficiency electric heating and appliances grant program created in section 24-38.5-405. (3) (a) On June 2, 2022, or as soon as possible thereafter, the state treasurer shall transfer twenty million eight hundred fifty thousand dollars from the general fund to the fund. (b) The Colorado energy office shall use ten million dollars of the money transferred pursuant to this subsection (3) for the creation, implementation, and administration of the building electrification for public buildings grant program created in section 24-38.5-404. (c) The Colorado energy office shall use ten million eight hundred fifty thousand dollars of the money transferred pursuant to this subsection (3) for the creation, implementation, and administration of the high-efficiency electric heating and appliances grant program created in section 24-38.5-405.

C.R.S. § 24-38.5-501 Legislative declaration

24-38.5-501. Legislative declaration. (1) The general assembly hereby finds and declares that: (a) Transportation is the largest single source of greenhouse gas pollution in the state and is a major contributing source of other forms of pollution, including ozone precursors, hazardous air pollutants, nitrogen oxides, and particulate pollution; (b) In 2017, nearly sixty percent of household motor vehicle trips were six miles or less and seventy-five percent were ten miles or less; (c) For many persons, shorter trips may be completed by bicycle, especially if a person uses an electric bicycle; (d) Electric bicycles, when compared to nonelectric bicycles, allow a rider to travel greater distances, through more challenging terrain, and carry more cargo; (e) A wide variety of electric bicycles are available and, along with new models becoming available, are increasingly affordable; (f) Electric bicycles produce zero emissions and are an important component in a strategy for reducing emissions in the transportation sector; and (g) It is in the interest of the state to increase the number of electric bicycles used for transportation and to increase the accessibility of electric bicycles to individuals in low- and moderate-income households.

C.R.S. § 24-38.5-502 Definitions

24-38.5-502. Definitions. As used in this part 5, unless the context otherwise requires: (1) "Bike share program" means a service in which bicycles: (a) Are made publicly available to multiple users for rent on a short-term basis; and (b) May either be picked up in one public location and dropped off at another public location or be checked out and returned at a single location. (2) "Disproportionately impacted community" has the meaning set forth in section 24-4-109 (2)(b)(II). (3) "Electric bicycle" has the same meaning as "electrical assisted bicycle" as set forth in section 42-1-102 (28.5). "Electric bicycle" includes an electric adaptive bicycle. (4) "Fund" means the community access to electric bicycles cash fund created in section 24-38.5-506 (1)(a). (5) "Grant program" means the community access to electric bicycles grant program created in section 24-38.5-503. (6) "Local government" means a statutory or home rule municipality, county, or city and county. (7) "Nonattainment area" means an area of the state that the federal environmental protection agency has designated as being in nonattainment with a national ambient air quality standard. (8) "Office" means the Colorado energy office created in section 24-38.5-101. (9) "Ownership program" means a program that provides electric bicycles, equipment, and related services to individuals in low- and moderate-income households, as determined by the office. (10) "Program" means a bike share program or an ownership program. (11) "Rebate program" means the community access to electric bicycles rebate program created in section 24-38.5-504.

C.R.S. § 24-38.5-503 Community access to electric bicycles grant program - creation - eligibility

24-38.5-503. Community access to electric bicycles grant program - creation - eligibility. (1) (a) (I) The community access to electric bicycles grant program is created to help finance bike share programs and ownership programs that local governments, tribal governments, or nonprofit organizations administer or plan to administer in the state. The office shall administer the grant program. To be eligible to apply for money under the grant program, a local government, tribal government, or nonprofit organization must administer or plan to administer, or contract with a third party to administer: (A) A bike share program using a fleet of electric bicycles; or (B) An ownership program offering an electric bicycle to a specific individual or household. (II) A local government, tribal government, or nonprofit organization awarded money under the grant program may use the money to purchase and maintain electric bicycles, equipment, and infrastructure for its bike share program or ownership program, pay labor costs related to implementation of the program, and cover the direct and indirect administrative costs that the local government, the tribal government, the nonprofit organization, or a third-party contractor incurs in implementing the program. (b) In administering the grant program, the office shall establish an application process for local governments, tribal governments, and nonprofit organizations to use to apply for money under the grant program. The office shall post information about the application process on its website. (2) The office shall develop: (a) Criteria for awarding grant money, which criteria must include: (I) Giving priority to local governments, tribal governments, and nonprofit organizations offering a program in: (A) One or more disproportionately impacted communities; or (B) One or more nonattainment areas; (II) A requirement that the local government or nonprofit organization provide at least a certain percentage of matching money for the program; and (III) A requirement that a local government, tribal government, or nonprofit organization that applies for grant money for a planned, but not yet implemented, program demonstrate to the satisfaction of the office that the local government, tribal government, or nonprofit organization, after receiving money under the grant program, will be able to start implementing the program within a certain number of months after receiving the money, as determined by the office; (b) Periodic reporting requirements for a grantee to demonstrate that the money awarded is being used in compliance with the purposes of this section; and (c) Procedures for addressing a grantee's noncompliance with this section, including procedures for reimbursement of money awarded. (3) The office may use up to nine percent of the money in the fund to cover the direct and indirect costs the office incurs in administering the grant program.

C.R.S. § 24-38.5-504 Community access to electric bicycles rebate program - eligibility - reimbursement

24-38.5-504. Community access to electric bicycles rebate program - eligibility - reimbursement. (1) The office shall establish the community access to electric bicycles rebate program to provide rebates for purchases of electric bicycles and equipment made by eligible individuals, businesses, and nonprofit organizations. In establishing the rebate program, the office shall determine: (a) Eligibility for participation in the rebate program, which eligibility must include a requirement that: (I) An eligible individual resides in a low- or moderate-income household, which income thresholds the office shall determine; (II) An eligible business or nonprofit organization uses electric bicycles to conduct its business activities; (III) To qualify for a rebate, the purchase must be of an electric bicycle and equipment that: (A) Are used primarily for commuting or other nonrecreational purpose; and (B) Cost less than a maximum threshold price set by the office; and (IV) To qualify for a rebate, a business or nonprofit organization that purchases an electric bicycle must use the electric bicycle primarily to conduct its business activities, including making last-mile deliveries, and for other nonrecreational purposes; (b) Rebate amounts and any criteria used in determining rebate amounts; and (c) The mechanism for issuing a rebate, which mechanism may include: (I) A requirement that rebate program participants attest to their eligibility for a rebate; and (II) Vendor payments made to bicycle shops that sell a qualifying electric bicycle and equipment at a discount to an individual, business, or nonprofit organization that is eligible to participate under the rebate program. (2) The office may use up to nine percent of the money in the fund to cover its direct and indirect costs incurred in administering the rebate program.

C.R.S. § 24-38.5-505 Reporting

24-38.5-505. Reporting. (1) On or before January 1, 2025, and on or before January 1 of each year thereafter, the office shall prepare a report summarizing the progress of the grant program and the rebate program and submit the report to the house of representatives transportation and local government committee and the senate transportation and energy committee, or their successor committees. The office shall post a copy of each report on its website. (2) Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirements set forth in subsection (1) of this section continue until the grant program and rebate program repeal pursuant to section 24-38.5-507.

C.R.S. § 24-38.5-506 Community access to electric bicycles cash fund - creation - gifts, grants, or donations - transfer

24-38.5-506. Community access to electric bicycles cash fund - creation - gifts, grants, or donations - transfer. (1) (a) The community access to electric bicycles cash fund is created in the state treasury, and the office shall administer the fund for the purposes of this part 5. The fund consists of any money that the general assembly may transfer or appropriate to the fund for implementation of the grant program and the rebate program and any federal money or gifts, grants, or donations received pursuant to subsection (1)(b) of this section. (b) (I) For the purposes of this part 5, the office may seek, accept, and expend: (A) Money from federal sources; and (B) Gifts, grants, or donations from private or public sources. (II) The office shall transmit any money received pursuant to subsection (1)(b)(I) of this section to the state treasurer, who shall credit the money to the fund. (2) (a) Except as otherwise provided in subsection (2)(b) of this section, the money in the fund is continuously appropriated to the office for the purposes set forth in this part 5. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Any unexpended and unencumbered money remaining in the fund at the end of a state fiscal year remains in the fund; except that the state treasurer shall transfer any money remaining in the fund at the end of the 2026-27 state fiscal year to the general fund. (b) For state fiscal years 2023-24 and 2024-25, the office and, subject to annual appropriation, the department of revenue may expend money in the fund for the administration and implementation of the electric bicycle tax credit created in section 39-22-555. The office shall keep an accounting of all money expended from the fund pursuant to this subsection (2)(b) for purposes of calculating the repayment of the administrative costs required by section 24-38.5-120 (3). (3) Repealed.

C.R.S. § 24-38.5-507 Repeal of part

24-38.5-507. Repeal of part. This part 5 is repealed, effective September 1, 2028.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-24.docxFetched: 10/6/2026

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