First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0849.01 Jennifer Berman x3286
HOUSE BILL 25-1269
House Committees Senate Committees
Energy & Environment
A BILL FOR AN ACT
C
ONCERNING BUILDING DE CARBONIZATION MEASURES , AND, IN101
CONNECTION THEREWITH , CREATING A BUILDING102
DECARBONIZATION ENTERPRISE .103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill updates energy use benchmarking and performance
standard requirements for owners of certain buildings (covered building
owners), including:
! A requirement to meet 2040 performance standards, as
adopted by the air quality control commission, in
HOUSE SPONSORSHIP
Willford and Valdez,
SENATE SPONSORSHIP
Ball and Kipp,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. consultation with the Colorado energy office (office) and
in consideration of recommendations made by a task force
convened by the office;
! Authorizing an alternative compliance mechanism for
covered building owners to comply with certain
performance standards; and
! Aligning civil penalties owed for a violation of the
benchmarking and performance standard requirements with
civil penalties owed for other air quality violations.
The bill also creates a building decarbonization enterprise
(enterprise) to provide financial assistance, technical assistance, and other
programmatic assistance to covered building owners to effectively and
efficiently implement building decarbonization measures, including
energy efficiency measures, electrification measures, energy upgrades,
and participation in utility on-bill repayment programs. The enterprise is
authorized to impose and collect from covered building owners an annual
building decarbonization fee to cover the enterprise's costs in providing
the financial, technical, and programmatic assistance.
The bill exempts a local government that adopts building codes
from the requirement to adopt an energy code if the local government has
adopted an approved wildfire resiliency code.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 30-28-211, add2
(3.5)(g) as follows:3
30-28-211. Energy efficient building codes - legislative4
declaration - definitions. (3.5) (g) N
OTWITHSTANDING THE5
REQUIREMENTS SET FORTH IN SUBSECTIONS (3.5)(a) AND (3.5)(b) OF THIS6
SECTION, A BOARD OF COUNTY COMMISSIONERS THAT ADOPTS A WILDFIRE7
RESILIENCY CODE PURSUANT TO SECTION 24-33.5-1237 (2)(a) IS NOT8
REQUIRED TO ADOPT AND ENFORCE AN ENERGY CODE THAT MEETS THE9
REQUIREMENTS OF SUBSECTIONS (3.5)(a) AND (3.5)(b) OF THIS SECTION AS10
A RESULT OF ADOPTING THE WILDFIRE RESILIENCY CODE .11
SECTION 2. In Colorado Revised Statutes, 31-15-602, add12
(3.5)(f) as follows:13
HB25-1269-2- 31-15-602. Energy efficient building codes - legislative1
declaration - definitions - repeal. (3.5) (f) N
OTWITHSTANDING THE2
REQUIREMENTS SET FORTH IN SUBSECTIONS (3.5)(a) AND (3.5)(b) OF THIS3
SECTION, A GOVERNING BODY OF A MUNICIPALITY THAT ADOPTS A4
WILDFIRE RESILIENCY CODE PURSUANT TO SECTION 24-33.5-1237 (2)(a) IS5
NOT REQUIRED TO ADOPT AND ENFORCE AN ENERGY CODE THAT MEETS6
THE REQUIREMENTS OF SUBSECTIONS (3.5)(a) AND (3.5)(b) OF THIS7
SECTION AS A RESULT OF ADOPTING THE WILDFIRE RESILIENCY CODE .8
SECTION 3. In Colorado Revised Statutes, 25-7-142, amend9
(2)(s), (3), (8)(c)(III), (8)(c)(IV), and (8)(f); and add (1.5), (2)(q.5), (8.5),10
(8.6), and (8.7) as follows:11
25-7-142. Energy benchmarking - data collection and access12
- utility requirements - task force - rules - reports - definitions -13
legislative declaration - repeal. (1.5) T
HE GENERAL ASSEMBLY FURTHER14
FINDS AND DECLARES THAT:15
(a) E
NERGY CONSUMPTION BY COLORADO'S BUILT ENVIRONMENT,16
INCLUDING LARGE COMMERCIAL AND RESIDENTIAL PROPERTIES , IS A17
SIGNIFICANT CONTRIBUTOR TO STATEWIDE GREENHOUSE GAS POLLUTION ;18
(b) R
EDUCING THE GREENHOUSE GAS EMISSIONS ARISING FROM19
ENERGY CONSUMPTION BY THE BUILT ENVIRONMENT IS NECESSARY TO20
ACHIEVE THE 2050 NET-ZERO GREENHOUSE GAS EMISSION REDUCTION21
GOAL SET FORTH IN SECTION 25-7-102 (2)(g);22
(c) T
HE COMMISSION SATISFIED THE OBJECTIVES SET FORTH IN23
SUBSECTIONS (8)(a)(II) AND (8)(c)(II) OF THIS SECTION BY ADOPTING24
BENCHMARKING AND PERFORMANCE STANDARD RULES IN AUGUST 2023;25
AND26
(d) I
N IMPLEMENTING THE REQUIREMENTS OF THIS SECTION AND27
HB25-1269
-3- THE COMMISSION'S RULES ADOPTED PURSUANT TO THIS SECTION , THE1
DIVISION SHOULD, CONSISTENT WITH SECTION 25-7-122 (2), CONSIDER AN2
OWNER'S EFFORT TO COMPLY WITH BUILDING PERFORMANCE STANDARDS3
WHEN IMPLEMENTING ENFORCEMENT AND ASSESSING PENALTIES4
PURSUANT TO SECTION 25-7-122 AND THIS SECTION.5
(2) Definitions. As used in this section, unless the context6
otherwise requires:7
(q.5) "O
PERATOR" MEANS A PERSON THAT HAS ACCESS TO UTILITY8
DATA FOR A PROPERTY.9
(s) "Performance standards" means standards that the commission10
establishes by rule pursuant to subsection (8)(c)
SUBSECTION (8)(c) OR11
(8.5)(a) of this section
AND with which owners of covered buildings are12
required to comply.13
(3) Benchmarking requirements on owners and operators.14
(a) On or before December 1, 2022, and on or before June
NOVEMBER15
1 of each subsequent year, the owner of a covered building shall submit16
a report of the benchmarking data for the previous calendar year to the17
office.18
(b) N
OTWITHSTANDING SUBSECTION (3)(a) OF THIS SECTION, IF AN19
OWNER OF A COVERED BUILDING DEMONSTRATES THAT IT LACKS ACCESS20
TO BENCHMARKING DATA , THE OPERATOR OF THE COVERED BUILDING21
SHALL, ON OR BEFORE NOVEMBER 1 OF EACH YEAR, SUBMIT TO THE OFFICE22
A REPORT OF THE BENCHMARKING DATA FOR THE COVERED BUILDING FOR23
THE PREVIOUS CALENDAR YEAR .24
(b)
(c) Before providing a benchmarking report pursuant to25
subsection (3)(a) of this section, an owner
OF A COVERED BUILDING OR26
OPERATOR shall run any automated data checking function of the27
HB25-1269
-4- benchmarking tool and correct any errors discovered.1
(c) (d) The following owners AND OPERATORS may comply with2
this subsection (3) collectively at the campus-wide level:3
(I) The owner
OR OPERATOR of multiple covered buildings that are4
part of a master metered group of buildings without submetering;5
(II) The owner
OR OPERATOR of a correctional facility; and6
(III) The owner
OR OPERATOR of a public building that is a7
covered building.8
(8) Task force recommendations for implementation - rules -9
repeal. (c) (III) The commission shall not adopt rules to rescind or10
modify the exemptions for owners of public buildings from payment of11
the annual fee, as set forth in section 24-38.5-112 (1)(e)(II),
FROM12
PAYMENT OF THE BUILDING DECARBONIZATION FEE , AS SET FORTH IN13
SECTION 25-7-142.5 (5)(b), or from payment of civil penalties, as set forth14
in section 25-7-122 (1)(i)
SECTION 25-7-122 (1)(b) AND (1)(i).15
(IV) The commission shall, as necessary, adopt rules to modify or16
continue the performance standards
BEYOND 2030 AND until 2050 in order17
to achieve or exceed greenhouse gas emission reduction targets set forth18
in section 25-7-102 (2)(g).19
(f) Subsections (8)(a), (8)(b), (8)(c)(I), (8)(c)(II), (8)(d), and20
(8)(e) of this section and this subsection (8)(f) are repealed, effective July21
1, 2025.22
(8.5) 2040 performance standard targets - division to propose23
standards - commission to adopt rules - task force - membership -24
repeal. (a) (I) T
O HELP ACHIEVE OR EXCEED GREENHOUSE GAS EMISSION25
REDUCTION TARGETS PURSUANT TO SUBSECTION (8)(c)(IV) OF THIS26
SECTION, THE COMMISSION SHALL ADOPT RULES TO DEVELOP 204027
HB25-1269
-5- PERFORMANCE STANDARDS .1
(II) O
N OR BEFORE MARCH 31, 2029, THE DIVISION, AFTER2
CONSULTATION WITH THE OFFICE AND IN CONSIDERATION OF3
RECOMMENDATIONS FROM THE TASK FORCE CREATED PURSUANT TO4
SUBSECTION (8.5)(d) OF THIS SECTION, SHALL PROPOSE 20405
PERFORMANCE STANDARDS TO THE COMMISSION FOR THE COMMISSION TO6
CONSIDER INCLUDING IN THE RULES ADOPTED PURSUANT TO SUBSECTION7
(8.5)(a)(I)
OF THIS SECTION.8
(b) (I) T
HE DIVISION, IN PROPOSING 2040 PERFORMANCE9
STANDARDS, AND THE COMMISSION, IN ADOPTING 2040 PERFORMANCE10
STANDARDS, SHALL CONSIDER WHETHER THE LONG -TERM TARGETS11
INCLUDED IN THE 2040 PERFORMANCE STANDARDS SUPPORT THE 205012
ECONOMY-WIDE EMISSION REDUCTION GOALS SET FORTH IN SECTION13
25-7-102 (2)(g),
TAKING INTO CONSIDERATION THE CAPITAL PLANNING14
PERIODS FOR COVERED BUILDINGS AND THE FEASIBILITY OF AN OWNER15
PLANNING AND IMPLEMENTING A BUILDING UPGRADE PROJECT AHEAD OF16
THE COMPLIANCE DATE FOR THE 2040 PERFORMANCE STANDARD THAT THE17
COMMISSION SETS BY RULE PURSUANT TO SUBSECTION (8.5)(a)(I) OF THIS18
SECTION.19
(II) T
HE RULES ADOPTED PURSUANT TO THIS SUBSECTION (8.5)20
MUST INCLUDE A REQUIREMENT THAT AN OWNER OF A COVERED BUILDING21
SUBMIT WITH ITS BENCHMARKING REPORT SUBMITTED IN 2035 AN INTERIM22
STATUS REPORT REGARDING THE OWNER 'S PROGRESS TOWARD THE 204023
PERFORMANCE STANDARDS AND SU BMITTED IN A FORMAT DETERMINED BY24
THE OFFICE.25
(c) (I) O
N OR BEFORE JULY 1, 2027, THE DIRECTOR SHALL APPOINT26
AND CONVENE A TASK FORCE . THE TASK FORCE SHALL REVIEW THE27
HB25-1269
-6- BENCHMARKING DATA SUBMI TTED FOR CALENDAR YEARS 2021 THROUGH1
2027
AND, ON OR BEFORE JULY 1, 2028, DEVELOP AND PROVIDE2
RECOMMENDATIONS TO THE DIVISION REGARDING THE 20403
PERFORMANCE STANDARDS , INCLUDING RECOMMENDATIONS ON THE4
CONTENT OF THE INTERIM STATUS REPORTS SUBMITTED PURSUANT TO5
RULES ADOPTED IN ACCORDANCE WITH SUBSECTION (8.5)(b)(II) OF THIS6
SECTION.7
(II) A
S PART OF THE RECOMMENDATIONS DEVELOPED PURSUANT8
TO SUBSECTION (8.5)(c)(I) OF THIS SECTION, THE TASK FORCE SHALL9
CONSIDER:10
(A) T
HE 2050 ECONOMY-WIDE EMISSION REDUCTION GOALS SET11
FORTH IN SECTION 25-7-102 (2)(g); AND12
(B) T
HE CAPITAL PLANNING PERIODS FOR COVERED BUILDINGS AND13
THE FEASIBILITY OF AN OWNER PLANNING AND IMPLEMENTING A BUILDING14
UPGRADE PROJECT AHEAD OF THE COMPLIANCE DATE FOR THE 204015
PERFORMANCE STANDARD THAT THE COMMISSION SETS BY RULE16
PURSUANT TO SUBSECTION (8.5)(a)(I) OF THIS SECTION.17
(d) T
HE TASK FORCE CONSISTS OF THE FOLLOWING MEMBERS , ALL18
OF WHOM, EXCEPT THE REPRESENTATIVES OF THE OFFICE AND THE19
DIVISION, ARE VOTING MEMBERS:20
(I) T
HE DIRECTOR OF THE OFFICE OR THE DIRECTOR 'S DESIGNEE;21
(II) T
HE DIRECTOR OF THE DIVISION OR THE DIRECTOR'S DESIGNEE;22
(III) O
NE MEMBER WHO IS AN OWNER OF COMMERCIAL COVERED23
BUILDINGS OR WHO REPRESENTS OWNERS OF COMMERCIAL COVERED24
BUILDINGS;25
(IV) O
NE MEMBER WHO IS AN OWNER OF A MULTIFAMILY26
RESIDENTIAL COVERED BUILDING OR WHO REPRESENTS OWNERS OF27
HB25-1269
-7- MULTIFAMILY RESIDENTIAL COVERED BUILDINGS ;1
(V) O
NE MEMBER WHO REPRESENTS AN AFFORDABLE HOUSING2
ORGANIZATION;3
(VI) O
NE MEMBER WHO HAS DIRECT EXPERIENCE IN , OR IS A4
MEMBER OF AN ORGANIZATION REPRESENTING WORKERS IN , MECHANICAL,5
HVAC,
OR ELECTRICAL WORK AT THE COMMERCIAL OR MULTIFAMILY6
BUILDING LEVEL;7
(VII) O
NE MEMBER WHO REPRESENTS ARCHITECTS ;8
(VIII) O
NE MEMBER WHO REPRESENTS PROFESSIONAL ENGINEERS9
WITH EXPERIENCE WORKING ON SYSTEMS FOR BUILDINGS OR WITH10
EXTENSIVE EXPERIENCE AS A BUILDING OPERATING ENGINEER ;11
(IX) O
NE MEMBER WHO REPRESENTS AN ELECTRIC UTILITY , A GAS12
UTILITY, OR A COMBINED ELECTRIC AND GAS UTILITY ;13
(X) O
NE MEMBER WHO IS FROM AN ENVIRONMENTAL14
CONSERVATION OR ENVIRONMENTAL JUSTICE GROUP WITH EXPERIENCE IN15
ENERGY EFFICIENCY OR THE BUILT ENVIRONMENT ;16
(XI) O
NE MEMBER WHO IS FROM A LOCAL GOVERNMENT THAT HAS17
ENACTED OR ADOPTED A BENCHMARKING OR BUILDING ENERGY18
PERFORMANCE ORDINANCE OR RESOLUTION ; AND19
(XII) T
HREE MEMBERS WHO HAVE RELEVANT BUILDING20
PERFORMANCE EXPERTISE , AS DETERMINED BY THE DIRECTOR OF THE21
OFFICE.22
(8.6) N
OTWITHSTANDING ANY RULES THAT THE COMMISSION23
ADOPTS PURSUANT TO THIS SECTION BEFORE JULY 1, 2025:24
(a) (I) A
N OWNER OF A COVERED BUILDING MAY COMPLY WITH25
BUILDING PERFORMANCE STANDARDS ADOPTED BY THE COMMISSION BY :26
(A) S
UBMITTING COMPLETE AND ACCURATE 2019 BENCHMARKING27
HB25-1269
-8- DATA TO THE OFFICE NO LATER THAN JANUARY 1, 2026;1
(B) I
N 2026, ACHIEVING AND MAINTAINING A STANDARD PERCENT2
REDUCTION OF AT LEAST THIRTEEN PERCENT IN COMPARISON TO THE3
COVERED BUILDING 'S 2019 BENCHMARKED BASELINE4
WEATHER-NORMALIZED SITE ENERGY USE INTENSITY ; AND5
(C) I
N 2030, ACHIEVING AND MAINTAINING A STANDARD PERCENT6
REDUCTION OF AT LEAST TWENTY -NINE PERCENT IN COMPARISON TO THE7
COVERED BUILDING 'S 2019 BENCHMARKED BASELINE8
WEATHER-NORMALIZED ENERGY USE INTENSITY ; AND9
(II) A
N OWNER OF A COVERED BUILDING LOCATED WITHIN THE10
JURISDICTION OF A LOCAL GOVERNMENT THAT HAS ADOPTED AND11
IMPLEMENTED A BUILDING PERF ORMANCE STANDARDS PROGRAM OR12
OTHER SIMILAR PROGRAM INTENDED TO REDUCE GREENHOUSE GAS13
EMISSIONS FROM COVERED BUILDINGS IS DEEMED IN COMPLIANCE WITH14
THIS SECTION AND RULES ADOPTED BY THE COMMISSION PURSUANT TO15
THIS SECTION BY COMPLYING WITH THE REQUIREMENTS OF THE LOCAL16
PROGRAM IF:17
(A) T
HE OWNER OF THE COVERED BUILDING MAINTAINS18
COMPLIANCE WITH THE LOCAL PROGRAM AND CERTIFIES ITS AFFIRMATIVE19
COMPLIANCE STATUS IN ANNUAL BENCHMARKING REPORTS SUBMITTED TO20
THE OFFICE;21
(B) T
HE OFFICE HAS DETERMINED THAT THE GREENHOUSE GAS22
EMISSION REDUCTIONS FROM COVERED BUILDINGS COMPLYING WITH THE23
LOCAL PROGRAM ARE REASONABLY SIMILAR TO THE GREENHOUSE GAS24
EMISSION REDUCTIONS THAT WOULD HAVE BEEN ACHIEVED THROUGH25
COMPLIANCE WITH THIS SECTION AND THE COMMISSION 'S RULES ADOPTED26
PURSUANT TO THIS SECTION.27
HB25-1269
-9- (III) DECISIONS MADE BY THE OFFICE , THE DIVISION, OR THE1
COMMISSION WITH REGARD TO DEEMED COMPLIANCE PURSUANT TO2
SUBSECTION (8.6)(a)(II) OF THIS SECTION ARE SUBJECT TO JUDICIAL3
REVIEW PURSUANT TO SECTION 24-4-106.4
(b) (I) N
OTWITHSTANDING SUBSECTION (8.6)(a) OF THIS SECTION5
AND ANY RULES ADOPTED BY THE COMMISSION BEFORE JULY 1, 2025, AN6
OWNER MAY EITHER COMPLY WITH THE 2026 PERFORMANCE STANDARDS7
OR, AS PART OF THE OWNER'S BENCHMARKING REPORTS SUBMITTED TO THE8
OFFICE IN 2026 THROUGH 2029:9
(A) T
RACK ITS PROGRESS TOWARD COMPLIANCE WITH THE10
PERFORMANCE STANDARDS ;11
(B) E
XPRESS ANY NEED FOR TECHNICAL ASSISTANCE FROM THE12
OFFICE; AND13
(C) P
ROVIDE OTHER INFORMATION THAT THE OFFICE DEEMS14
NECESSARY DEMONSTRATING MEASURES PLANNED OR BEING TAKEN TO15
COMPLY WITH THE 2030 PERFORMANCE STANDARDS .16
(II) T
HE OFFICE SHALL PRIORITIZE ANY GRANT MONEY THAT IS17
MADE AVAILABLE FOR OWNERS OF COVERED BUILDINGS :18
(A) T
HAT COMPLY WITH OR ESTABLISH PLANS TO GO BEYOND THE19
2026
PERFORMANCE STANDARDS ; OR20
(B) T
HAT COMPLY WITH THE 2030 PERFORMANCE STANDARD21
EARLY OR ESTABLISH PLANS TO GO BEYOND THE 2030 PERFORMANCE22
STANDARDS.23
(III) N
OTHING IN THIS SUBSECTION (8.6)(b) PRECLUDES OR24
MODIFIES THE DIVISION'S AUTHORITY TO ENFORCE AGAINST AN OWNER OF25
A COVERED BUILDING FOR NONCOMPLIANCE WITH 2030 PERFORMANCE26
STANDARDS OR PERFORMANCE STANDARDS SET FOR SUBSEQUENT YEARS .27
HB25-1269
-10- (8.7) NOTWITHSTANDING THE REQUIREMENTS OF SUBSECTION1
(8)(a)(II)
OF THIS SECTION OR RULES ADOPTED PURSUANT TO THAT2
SUBSECTION, SUBSECTION (8.6) OF THIS SECTION IS NECESSARY TO3
EFFECTIVELY IMPLEMENT THE PERFORMANCE STANDARDS . THE4
COMMISSION IS NOT REQUIRED TO REVISE RULES ADOPTED BEFORE JULY 1,5
2025,
THAT ESTABLISH PERFORMANCE STANDARDS OR ESTABLISH THE6
CALCULATION OF GREENHOUSE GAS EMISSION REDUCTIONS THAT MAY BE7
ACHIEVED PURSUANT TO SUBSECTION (8.6) OF THIS SECTION.8
SECTION 4. In Colorado Revised Statutes, add 25-7-142.5 as9
follows:10
25-7-142.5. Building decarbonization enterprise - creation -11
membership - powers and duties - building decarbonization12
enterprise cash fund - legislative declaration - definitions - rules -13
repeal. (1) Legislative declaration. (a) T
HE GENERAL ASSEMBLY FINDS14
THAT:15
(I) R
EDUCING GREENHOUSE GAS EMISSIONS FROM COMBUSTION16
DEVICES IN RESIDENTIAL AND COMMERCIAL BUILDINGS :17
(A) I
S NECESSARY TO HELP THE STATE ACHIEVE ITS STATEWIDE18
GREENHOUSE GAS EMISSION REDUCTION GOALS SET FORTH IN SECTION19
25-7-102 (2)(g),
INCLUDING THE GOAL TO REACH NET-ZERO GREENHOUSE20
GAS EMISSIONS BY 2050; AND21
(B) P
RESENTS SIGNIFICANT OPPORTUNITIES TO LOWER AND22
STABILIZE ENERGY BILLS, PROVIDE FOR MORE COMFORTABLE LIVING AND23
WORKING SPACES, AND REDUCE LOCAL AIR POLLUTION THAT CONTRIBUTES24
TO GROUND-LEVEL OZONE;25
(II) C
OVERED BUILDING OWNERS ARE REQUIRED TO COMPLY WITH26
BENCHMARKING REQUIREMENTS AND PERFORMANCE STANDARD27
HB25-1269
-11- REQUIREMENTS AND WOULD BENEFIT FROM ADDITIONAL FINANCIAL AND1
TECHNICAL ASSISTANCE TO MEET THOSE REQUIREMENTS ; AND2
(III) W
ITH ADDITIONAL FINANCING AND TECHNICAL ASSISTANCE ,3
COVERED BUILDING OWNERS MAY EFFECTIVELY AND EFFICIENTLY4
IMPLEMENT BUILDING DECARBONIZATION MEASURES , INCLUDING, BUT NOT5
LIMITED TO, BY PARTICIPATING IN, RECEIVING FINANCING FOR , AND6
OBTAINING TECHNICAL ASSISTANCE FOR PARTICIPATING IN ON -BILL7
REPAYMENT PROGRAMS THAT :8
(A) H
ELP FINANCE ENERGY EFFICIENCY MEASURES ,9
ELECTRIFICATION MEASURES, AND OTHER ENERGY UPGRADES ; AND10
(B) P
ROVIDE ASSISTANCE FOR CONDUCTING BUILDING ENERGY11
AUDITS, EMPLOYING OR CONSULTING WITH BUILDING ENGINEERS ,12
PURCHASING ENERGY USE TRACKING SOFTWARE FOR COVERED BUILDING13
OWNERS TO MORE EFFECTIVELY TRACK ENERGY USE , AND PROVIDING14
TRAINING ON SUCH SOFTWARE .15
(b) N
OW, THEREFORE, THE GENERAL ASSEMBLY DECLARES THAT :16
(I) I
T IS IN THE PUBLIC INTEREST TO CREATE AN ENTERPRISE17
WITHIN THE OFFICE THAT IS COMMITTED TO FINANCING AND PROVIDING18
TECHNICAL AND OTHER SUPPORT FOR THE IMPLEMENTATION OF BUILDING19
DECARBONIZATION MEASURES ;20
(II) T
HE ACTIVITIES OF THE ENTERPRISE SHALL BE FUNDED BY21
REVENUE GENERATED FROM BUILDING DECARBONIZATION FEES PAID BY22
COVERED BUILDING OWNERS AND ANY GIFTS , GRANTS, AND DONATIONS23
RECEIVED;24
(III) I
T IS APPROPRIATE THAT COVERED BUILDING OWNERS SHOULD25
PAY A BUILDING DECARBONIZATION FEE , AS COVERED BUILDING OWNERS26
ARE THE DIRECT BENEFICIARIES OF SERVICES PROVIDED BY THE27
HB25-1269
-12- ENTERPRISE, WHICH SERVICES INCLUDE THE FINANCING AND TECHNICAL1
ASSISTANCE PROVIDED FOR THE BUILDING DECARBONIZATION MEASURES2
DESCRIBED IN SUBSECTION (1)(a)(III) OF THIS SECTION;3
(IV) C
OVERED BUILDING OWNERS BENEFIT FROM THE4
IMPLEMENTATION OF BUILDING DECARBONIZATION MEASURES BECAUSE5
SUCH MEASURES CAN:6
(A) R
EDUCE COVERED BUILDING OWNERS ' LONG-TERM COSTS7
RELATED TO ENERGY USE;8
(B) I
MPROVE BUILDING COMFORT ; AND9
(C) I
NCREASE THE MARKET VALUE AND DESIRABILITY OF COVERED10
BUILDINGS TO TENANTS;11
(V) C
ONSISTENT WITH THE DETERMINATION OF THE COLORADO12
SUPREME COURT IN NICHOLL V. E-470 PUBLIC HIGHWAY AUTHORITY, 89613
P.2d 859
(COLO. 1995), THAT THE POWER TO IMPOSE TAXES IS14
INCONSISTENT WITH ENTERPRISE STATUS UNDER SECTION 20 OF ARTICLE15
X
OF THE STATE CONSTITUTION, THE GENERAL ASSEMBLY CONCLUDES16
THAT THE STEWARDSHIP FEE IS A FEE, NOT A TAX, AND THE ENTERPRISE17
OPERATES AS A BUSINESS BECAUSE THE STEWARDSHIP FEE IS :18
(A) I
MPOSED FOR THE SPECIFIC BUSINESS PURPOSES OF PROVIDING19
FINANCING AND TECHNICAL ASSISTANCE TO COVERED BUILDING OWNERS20
TO EFFECTIVELY AND EFFICIENTLY IMPLEMENT BUILDING21
DECARBONIZATION MEASURES , INCLUDING IMPROVEMENTS THAT WILL22
REDUCE ENERGY USE AND EMISSIONS ; AND23
(B) C
OLLECTED AT A RATE THAT IS REASONABLY RELATED TO THE24
OVERALL COST OF THE BUSINESS SERVICES BEING PROVIDED ; AND25
(VI) S
O LONG AS THE ENTERPRISE QUALIFIES AS AN ENTERPRISE26
FOR PURPOSES OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION,27
HB25-1269
-13- THE REVENUE FROM THE BUILDING DECARBONIZATION FEE IMPOSED ,1
COLLECTED, AND ADMINISTERED BY THE ENTERPRISE IS NOT STATE FISCAL2
YEAR SPENDING, AS DEFINED IN SECTION 24-77-102 (17), OR STATE3
REVENUES, AS DEFINED IN SECTION 24-77-103.6 (6)(c), AND DOES NOT4
COUNT AGAINST EITHER THE STATE FISCAL YEAR SPENDING LIMIT IMPOSED5
BY SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION OR THE EXCESS6
STATE REVENUES CAP, AS DEFINED IN SECTION 24-77-103.6 (6)(b)(I)(G).7
(2) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE8
REQUIRES:9
(a) "B
ENCHMARKING REQUIREMENTS " MEANS THE ENERGY10
BENCHMARKING REQUIREMENTS SET FORTH IN SECTION 25-7-142 (3) WITH11
WHICH AN OWNER OF A NONEXEMPT COVERED BUILDING IS REQUIRED TO12
COMPLY.13
(b) "B
OARD" MEANS THE BOARD OF DIRECTORS OF THE ENTERPRISE14
APPOINTED PURSUANT TO SUBSECTION (4)(a) OF THIS SECTION.15
(c) "B
UILDING DECARBONIZATION FEE" OR "FEE" MEANS THE FEE16
PAID BY THE OWNER OF A COVERED BUILDING PURSUANT TO SUBSECTION17
(5)(b)
OF THIS SECTION.18
(d) "C
OVERED BUILDING" HAS THE MEANING SET FORTH IN SECTION19
25-7-142 (2)(j).20
(e) "C
OVERED BUILDING OWNER" MEANS AN "OWNER", AS DEFINED21
IN SECTION 25-7-142 (2)(r), OF A COVERED BUILDING.22
(f) "E
NTERPRISE" MEANS THE BUILDING DECARBONIZATION23
ENTERPRISE CREATED IN SUBSECTION (3) OF THIS SECTION.24
(g) "F
UND" MEANS THE BUILDING DECARBONIZATION ENTERPRISE25
CASH FUND CREATED IN SUBSECTION (6)(a) OF THIS SECTION.26
(h) "I
NFLATION" MEANS THE ANNUAL PERCENTAGE C HANGE IN THE27
HB25-1269
-14- IN THE UNITED STATES DEPARTMENT OF LABOR 'S BUREAU OF LABOR1
STATISTICS CONSUMER PRICE INDEX , OR A SUCCESSOR INDEX , FOR2
D
ENVER-AURORA-LAKEWOOD FOR ALL ITEMS PAID FOR BY URBAN3
CONSUMERS.4
(i) "O
FFICE" MEANS THE COLORADO ENERGY OFFICE CREATED IN5
SECTION 24-38.5-101.6
(j) "O
N-BILL REPAYMENT PROGRAM " MEANS A UTILITY'S ON-BILL7
REPAYMENT PROGRAM THROUGH WHICH ENERGY EFFICIENCY MEASURES ,8
ELECTRIFICATION MEASURES, AND ENERGY UPGRADES INSTALLED AT A9
PARTICIPATING CUSTOMER'S PREMISES THAT IS ASSOCIATED WITH THE10
UTILITY METER ARE FINANCED THR OUGH LOANS THAT ARE REPAID11
THROUGH MONTHLY UTILITY BILL PAYMENTS .12
(k) "P
ERFORMANCE STANDARDS " HAS THE MEANING SET FORTH IN13
SECTION 25-7-142 (2)(s).14
(l) "P
ERFORMANCE STANDARD REQUIREMENTS " MEANS THE15
PERFORMANCE STANDARD REQUIREMENTS SET FORTH IN SECTION 25-7-14216
(8)
AND (8.5) WITH WHICH AN OWNER OF A NONEXEMPT COVERED17
BUILDING IS REQUIRED TO COMPLY.18
(3) Enterprise created. (a) T
HE BUILDING DECARBONIZATION19
ENTERPRISE IS CREATED IN THE OFFICE AND EXERCISES ITS POWERS AND20
PERFORMS ITS DUTIES AND FUNCTIONS AS A GOVERNMENT -OWNED21
BUSINESS IN THE OFFICE TO EXECUTE ITS BUSINESS PURPOSES SET FORTH22
IN THIS SUBSECTION (3). THE ENTERPRISE IS CREATED FOR THE PURPOSES23
OF:24
(I) I
MPOSING AND ASSESSING BUILDING DECARBONIZATION FEES25
ON OWNERS OF COVERED BUILDINGS ;26
(II) P
ROVIDING TECHNICAL ASSISTANCE , FINANCING, AND OTHER27
HB25-1269
-15- PROGRAMMATIC SUPPORT FOR COVERED BUILDING OWNERS ' BUILDING1
DECARBONIZATION MEASURES , INCLUDING, BUT NOT LIMITED TO ,2
FINANCING OF OWNERS ' PARTICIPATION IN AN ON -BILL REPAYMENT3
PROGRAM, BUILDING ENERGY AUDITS, CONSULTING BUILDING ENGINEERS,4
PURCHASING ENERGY USE TRACKING SOFTWARE , AND PROVIDING5
TRAINING ON SUCH SOFTWARE ; AND6
(III) E
NSURING THAT THE BUILDING DECARBONIZATION FEES PAID7
BY COVERED BUILDING OWNERS ARE USED SOLELY TO SUPPORT8
PROGRAMS, TECHNICAL ASSISTANCE, AND FINANCIAL ASSISTANCE FOR THE9
COVERED BUILDING OWNERS THAT PAY THE BUILDING DECARBONIZATION10
FEES.11
(b) T
HE BOARD, IN CONSULTATION WITH THE OFFICE , SHALL12
ADMINISTER THE ENTERPRISE IN ACCORDANCE WITH THIS SECTION .13
(c) (I) T
HE ENTERPRISE CONSTITUTES AN ENTERPRISE FOR14
PURPOSES OF SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION SO15
LONG AS IT RETAINS THE AUTHORITY TO ISSUE REVENUE BONDS AND16
RECEIVES LESS THAN TEN PERCENT OF ITS TOTAL REVENUES IN GRANTS , AS17
DEFINED IN SECTION 24-77-102 (7), FROM ALL COLORADO STATE AND18
LOCAL GOVERNMENTS COMBINED . SO LONG AS IT CONSTITUTES AN19
ENTERPRISE, THE ENTERPRISE IS NOT SUBJECT TO SECTION 20 OF ARTICLE20
X
OF THE STATE CONSTITUTION.21
(II) T
HE ENTERPRISE IS AUTHORIZED TO ISSUE REVENUE BONDS FOR22
THE EXPENSES OF THE ENTERPRISE , SECURED BY REVENUE OF THE23
ENTERPRISE.24
(4) Enterprise board of directors created - membership -25
duties - repeal. (a) T
HE ENTERPRISE BOARD OF DIRECTORS IS CREATED TO26
ADMINISTER THE ENTERPRISE. THE BOARD CONSISTS OF THE FOLLOWING27
HB25-1269
-16- SEVEN MEMBERS:1
(I) T
HE FOLLOWING FOUR MEMBERS APPOINTED BY THE GOVERNOR2
AND CONFIRMED BY THE SENATE :3
(A) A
REPRESENTATIVE OF COVERED BUILDING OWNERS ;4
(B) A
N EXPERT IN BUILDING ENERGY EFFICIENCY AND5
DECARBONIZATION;6
(C) A
LOCAL GOVERNMENT REPRESENTATIVE WITH EXPERTISE IN7
PLANNING OR ENERGY CODES ; AND8
(D) A
UTILITY REPRESENTATIVE;9
(II) T
HE DIRECTOR OF THE OFFICE OR THE DIRECTOR 'S DESIGNEE;10
(III) T
HE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF PUBLIC11
HEALTH AND ENVIRONMENT OR THE EXECUTIVE DIRECTOR 'S DESIGNEE;12
AND13
(IV) T
HE DIRECTOR OF THE PUBLIC UTILITIES COMMISSION OR THE14
DIRECTOR'S DESIGNEE.15
(b) (I) T
HE GOVERNOR SHALL APPOINT INITIAL MEMBERS TO THE16
BOARD PURSUANT TO SUBSECTION (4)(a)(I) OF THIS SECTION ON OR17
BEFORE SEPTEMBER 1, 2025.18
(II) T
HIS SUBSECTION (4)(b) IS REPEALED, EFFECTIVE JULY 1, 2026.19
(c) (I) B
OARD MEMBERS APPOINTED PURSUANT TO SUBSECTION20
(4)(a)(I)
OF THIS SECTION SERVE THREE-YEAR TERMS. A BOARD MEMBER21
MAY SERVE AN UNLIMITED NUMBER OF TERMS .22
(II) N
OTWITHSTANDING SUBSECTION (4)(c)(I) OF THIS SECTION,23
THE GOVERNOR SHALL MAKE THE INITIAL TERMS OF TWO OF THE BOARD24
MEMBERS WHO ARE APPOINTED PURSUANT TO SUBSECTION (4)(a)(I) OF25
THIS SECTION TWO YEARS.26
(d) B
OARD MEMBERS SERVING PURSUANT TO SUBSECTION (4)(a)(I)27
HB25-1269
-17- OF THIS SECTION MAY RECEIVE COMPENSATION FROM THE ENTERPRISE ON1
A PER DIEM BASIS FOR REASONABLE EXPENSES ACTUALLY INCURRED IN2
THE PERFORMANCE OF THEIR DUTIES .3
(e) (I) T
HE CHAIR AND VICE-CHAIR OF THE BOARD ARE SELECTED4
BY THE MEMBERS OF THE BOARD IN ACCORDANCE WITH THE BOARD 'S5
BYLAWS.6
(II) (A) T
HE DIRECTOR OF THE OFFICE OR THE DIRECTOR 'S7
DESIGNEE SHALL CALL THE FIRST MEETING OF THE BOARD , AND THE BOARD8
SHALL SELECT THE CHAIR AND VICE -CHAIR AT THAT MEETING IN9
ACCORDANCE WITH SUBSECTION (4)(e)(I) OF THIS SECTION.10
(B) T
HIS SUBSECTION (4)(e)(II) IS REPEALED, EFFECTIVE JULY 1,11
2026.12
(5) Powers and duties - building decarbonization fee. (a) I
N13
ADDITION TO ANY OTHER POWERS AND DUTIES SPECIFIED IN THIS SECTION ,14
THE BOARD HAS THE FOLLOWING POWERS AND DUTIES ON BEHALF OF THE15
ENTERPRISE:16
(I) T
O ADOPT PROCEDURES FOR C ONDUCTING THE BOARD 'S17
AFFAIRS;18
(II) T
O ENGAGE THE SERVICES OF CONTRACTORS , CONSULTANTS,19
AND THE STAFF OF THE OFFICE FOR PROFESSIONAL AND TECHNICAL20
ASSISTANCE AND ADVICE AND TO SUPPLY OTHER SERVICES RELATED TO21
THE CONDUCT OF THE AFFAIRS OF THE ENTERPRISE WITHOUT REGARD TO22
THE "PROCUREMENT CODE", ARTICLES 101 TO 112 OF TITLE 24. THE23
ENTERPRISE SHALL ENGAGE THE ATTORNEY GENERAL 'S OFFICE FOR LEGAL24
SERVICES. THE ENTERPRISE MAY CONTRACT WITH THE OFFICE FOR THE25
PROVISION OF OFFICE SPACE AND ADMINISTRATIVE STAFF TO THE26
ENTERPRISE AT A FAIR MARKET RATE.27
HB25-1269
-18- (III) TO ESTABLISH AND ADMINISTER A PROGRAM THR OUGH WHICH1
OWNERS OF COVERED BUILDINGS MAY APPLY FOR , AND THE BOARD MAY2
REVIEW AND APPROVE APPLICATIONS FOR , FINANCING OR TECHNICAL3
ASSISTANCE FOR BUILDING DECARBONIZATION MEASURES , INCLUDING, BUT4
NOT LIMITED TO, PARTICIPATING IN ON-BILL REPAYMENT PROGRAMS THAT5
HELP FINANCE ENERGY EFFICIENCY MEASURES , ELECTRIFICATION6
MEASURES, AND OTHER ENERGY UPGRADES ; CONDUCTING BUILDING7
ENERGY AUDITS; EMPLOYING OR CONSULTING WITH BUILDING ENGINEERS ;8
AND PURCHASING ENERGY USE TRACKING SOFTWARE AND PROVIDING9
TRAINING ON SUCH SOFTWARE ;10
(IV) T
O IMPOSE THE BUILDING DECARBONIZATION FEE DESCRIBED11
IN SUBSECTION (5)(b) OF THIS SECTION; AND12
(V) T
O HAVE AND EXERCISE ALL RIGHTS AND POWERS NECESSARY13
OR INCIDENTAL TO OR IMPLIED FROM THE SPECIFIC POWERS AND DUTIES14
GRANTED BY THIS SECTION.15
(b) (I) B
EGINNING IN STATE FISCAL YEAR 2026-27 AND IN16
FURTHERANCE OF THE ENTERPRISE 'S BUSINESS PURPOSES, THE BOARD17
SHALL IMPOSE THE BUILDING DECARBONIZATION FEE ON ALL COVERED18
BUILDING OWNERS.19
(II) O
N OR BEFORE NOVEMBER 1, 2026, AND ON OR BEFORE EACH20
N
OVEMBER 1 OF EACH YEAR THEREAFTER, AND EXCEPT AS PROVIDED IN21
SUBSECTION (5)(b)(III) OF THIS SECTION, EACH OWNER OF A COVERED22
BUILDING SHALL PAY A BUILDING DECARBONIZATION FEE IN AN AMOUNT23
OF FOUR HUNDRED DOLLARS TO THE OFFICE , WHICH SHALL COLLECT THE24
BUILDING DECARBONIZATION FEE ON BEHALF OF THE ENTERPRISE .25
(III) B
EGINNING IN STATE FISCAL YEAR 2026-27, THE BOARD26
SHALL INCREASE THE FEE FROM THE PREVIOUS YEAR 'S FEE, AS ADJUSTED27
HB25-1269
-19- FOR INFLATION AND, ON OR BEFORE MARCH 15 OF EACH OF THE STATE1
FISCAL YEARS THEREAFTER, SHALL NOTIFY THE OFFICE OF THE ADJUSTED2
AMOUNT OF THE FEE. ON OR BEFORE APRIL 15 OF EACH OF THE STATE3
FISCAL YEARS THEREAFTER, THE OFFICE SHALL PUBLISH THE UPDATED4
AMOUNT OF THE FEE ON THE OFFICE'S WEBSITE.5
(IV) M
ONEY COLLECTED AS A BUILDING DECARBONIZATION FEE6
SHALL BE CREDITED TO THE FUND.7
(V) M
ONEY COLLECTED BY THE OFFICE FOR TRANSFER TO THE8
FUND PURSUANT TO SUBSECTION (5)(b)(IV) OF THIS SECTION:9
(A) I
S COLLECTED FOR THE ENTERPRISE;10
(B) I
S CUSTODIAL MONEY INTENDED FOR THE ENTERPRISE AND11
HELD TEMPORARILY BY THE OFFICE AND THE STATE TREASURER SOLELY12
FOR THE PURPOSE OF TRANSFERRING THE MONEY TO THE FUND FOR USE BY13
THE ENTERPRISE; AND14
(C) B
ASED ON THE ENTERPRISE'S STATUS AS AN ENTERPRISE, IS15
NOT SUBJECT TO SECTION 20 OF ARTICLE X OF THE STATE CONSTITUTION16
AT ANY TIME DURING THE MONEY 'S COLLECTION, TRANSFER, AND USE.17
(6) Building decarbonization enterprise cash fund - creation18
- repeal. (a) T
HE BUILDING DECARBONIZATION ENTERPRISE CASH FUND19
IS CREATED IN THE STATE TREASURY. THE FUND CONSISTS OF:20
(I) M
ONEY RECEIVED AS BUILDING DECARBONIZATION FEES21
PURSUANT TO SUBSECTION (5)(b) OF THIS SECTION;22
(II) A
NY MONEY RECEIVED FROM THE ISSUANCE OF REVENUE23
BONDS, AS DESCRIBED IN SUBSECTION (3)(c)(II) OF THIS SECTION; AND24
(III) A
NY OTHER MONEY THAT THE GENERAL ASSEMBLY MAY25
APPROPRIATE OR TRANSFER TO THE FUND .26
(b) (I) S
ECTION 24-77-108 DOES NOT APPLY TO THE ENTERPRISE27
HB25-1269
-20- BECAUSE THE TOTAL AMOUNT OF MONEY CREDITED OR APPROPRIATED TO1
THE FUND AS BUILDING DECARBONIZATION FEES SHALL NOT EXCEED ONE2
HUNDRED MILLION DOLLARS IN THE FIRST FIVE YEARS OF THE ENTERPRISE 'S3
EXISTENCE.4
(II) T
HIS SUBSECTION (6)(b) IS REPEALED, EFFECTIVE JULY 1, 2031.5
(c) M
ONEY CREDITED TO THE FUND IS CONTINUOUSLY6
APPROPRIATED TO THE ENTERPRISE FOR THE PURPOSES SET FORTH IN THIS7
SECTION AND TO PAY THE ENTERPRISE 'S REASONABLE AND NECESSARY8
OPERATING EXPENSES. THE STATE TREASURER SHALL CREDIT ALL9
INTEREST AND INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF10
MONEY IN THE FUND TO THE FUND.11
(d) A
NY UNEXPENDED AND UNENCUMBERED MONEY REMAINING12
IN THE FUND AT THE END OF A FISCAL YEAR REMAINS IN THE FUND AND IS13
NOT CREDITED OR TRANSFERRED TO THE GENERAL FUND .14
SECTION 5. In Colorado Revised Statutes, 25-7-122, amend15
(1)(b) introductory portion and (1)(i) as follows:16
25-7-122. Civil penalties - rules - definitions. (1) Upon17
application of the division, the division may collect penalties as18
determined under this article 7 by instituting an action in the district court19
for the district in which the air pollution source affected is located, in20
accordance with the following provisions:21
(b) Any person who violates any requirement or prohibition of a22
final order of the division or commission, an applicable emission control23
regulation of the commission, the state implementation plan, a24
construction permit, any provision for the prevention of significant25
deterioration under part 2 of this article 7, any provision related to26
attainment under part 3 of this article 7, or any provision of or27
HB25-1269
-21- commission rule adopted pursuant to section 25-7-105, 25-7-106,1
25-7-106.3, 25-7-108, 25-7-109, 25-7-109.5, 25-7-111, 25-7-112,2
25-7-113, 25-7-114.2, 25-7-114.5, 25-7-118, 25-7-141, 25-7-142,3
25-7-146, 25-7-206, 25-7-403, 25-7-404, 25-7-405, 25-7-407, 42-4-403,4
42-4-404, 42-4-405, 42-4-406, 42-4-407, 42-4-409, 42-4-410, or5
42-4-414 is subject to a civil penalty of not more than forty-seven6
thousand three hundred fifty-seven dollars per day for each day of the7
violation; except that:8
(i) (I) On and after January 1, 2024, and except as provided in9
subsection (1)(i)(II) of this section, an owner of a covered building that10
violates section 25-7-142 (3) or (6) is subject to a civil penalty of up to11
five hundred dollars for a first violation and up to two thousand dollars12
for each subsequent violation. As part of the requirement that the13
commission adopt rules to establish performance standards pursuant to14
section 25-7-142 (8)(c), the commission shall establish by rule, with15
regard to a violation of the performance standards, civil penalties in an16
amount not to exceed two thousand dollars for a first violation and five17
thousand dollars for a subsequent violation.18
(II) The division shall not assess a civil penalty for a violation19
related to a public building.20
(III) Notwithstanding section 25-7-129, the division shall transmit21
civil penalties collected pursuant to this subsection (1)(i) to the state22
treasurer, who SUBSECTION (1)(b) OF THIS SECTION, AS PAID BY OWNERS23
OF COVERED BUILDINGS FOR A VIOLATION OF SECTION 25-7-142, shall24
credit them BE CREDITED to the climate change mitigation and adaptation25
fund created in section 24-38.5-102.6.26
(IV) As used in this subsection (1)(i):27
HB25-1269
-22- (A) "Covered building" has the meaning set forth in section1
25-7-142 (2)(j).2
(B) "Owner" has the meaning set forth in section 25-7-142 (2)(r).3
SECTION 6. In Colorado Revised Statutes, 24-38.5-403, add (4)4
as follows:5
24-38.5-403. Energy code training - energy code adoption -6
grant writing assistance. (4) N
OTWITHSTANDING SUBSECTION (3) OF7
THIS SECTION, THE COLORADO ENERGY OFFICE MAY USE FUNDING8
PROVIDED THROUGH SUBSECTION (3) OF THIS SECTION TO COVER THE9
COSTS OF THE TASK FORCE CREATED IN SECTION 25-7-142 (8.5) AND THE10
COSTS TO THE COLORADO ENERGY OFFICE FOR PARTICIPATING IN11
RULE-MAKING THAT THE AIR QUALITY CONTROL COMMISSION ENGAGES IN12
PURSUANT TO SECTION 25-7-142.13
SECTION 7. In Colorado Revised Statutes, 24-38.5-102.6,14
amend (1) introductory portion and (1)(a) as follows:15
24-38.5-102.6. Climate change mitigation and adaptation fund16
- creation - use. (1) The climate change mitigation and adaptation fund,17
referred to in this section as the "fund", is hereby
created in the state18
treasury. The fund consists of:19
(a) Civil penalties credited to the fund pursuant to section20
25-7-122 (1)(i)(III) SECTION 25-7-122 (1)(b) AND (1)(i);21
SECTION 8. In Colorado Revised Statutes, 24-38.5-112, amend22
(1)(a)(IV) as follows:23
24-38.5-112. Building performance program - duties of the24
office - county assessor records database - fees - definitions. (1) The25
Colorado energy office shall implement a building performance program26
as follows:27
HB25-1269
-23- (a) Based on county assessor records and other available sources1
of information, the office shall administer the building performance2
program by:3
(IV) In a form and manner determined by the office, in4
consultation with the division of administration in the department of5
public health and environment, periodically providing the division with6
a list of noncompliant owners for the division's enforcement of the7
building performance program pursuant to section 25-7-122 (1)(i)8
SECTIONS 25-7-115, 25-7-121, AND 25-7-122 (1)(b) AND (1)(i).9
SECTION 9. Applicability. This act applies to conduct occurring10
on or after the effective date of this act.11
SECTION 10. Safety clause. The general assembly finds,12
determines, and declares that this act is necessary for the immediate13
preservation of the public peace, health, or safety or for appropriations for14
the support and maintenance of the departments of the state and state15
institutions.16
HB25-1269
-24-