Section 32-20-103 - DefinitionsAs used in this article, unless the context otherwise requires:
(1) "Board" means the board of directors of the district.(1.5) "Commercial building" means any real property other than a residential building containing fewer than five dwelling units and includes any other improvement or connected land that is billed with the improvement for purposes of ad valorem property taxation.(2) "District" means the Colorado new energy improvement district created in section 32-20-104 (1).(3) "District member" means a qualified applicant whose application to join the district, receive reimbursement or a direct payment, and consent to the levying of a special assessment is approved by the district.(4) "Eligible real property" means a residential or commercial building, located within a county in which the district has been authorized to conduct the program as required by section 32-20-105 (3), on which or in which a new energy improvement to be financed by the district has been or will be completed.(5) "Energy efficiency improvement" means one or more installations or modifications to eligible real property that are designed to reduce the energy consumption of the property and includes, but is not limited to, the following: (a) Insulation in walls, roofs, floors, and foundations and in heating and cooling distribution systems;(b) Storm windows and doors, multiglazed windows and doors, heat-absorbing or heat-reflective glazed and coated window and door systems, additional glazing, reductions in glass area, and other window and door system modifications that reduce energy consumption;(c) Automatic energy control systems;(d) Heating, ventilating, or air conditioning and distribution system modifications or replacements in a building;(e) Caulking and weatherstripping;(f) Replacement or modification of lighting fixtures to increase the energy efficiency of the system;(g) Energy recovery systems;(i) Electric vehicle charging equipment added to the building or its associated parking area; and(j) Any other modification, installation, or remodeling approved as a utility cost-savings measure by the district, including water conservation fixtures, both indoor and outdoor and for both hot and cold water.(5.2) "Financing agreement" means an agreement between a qualified applicant and an entity providing private third-party financing pursuant to section 32-20-105 (3)(h).(6) "Loan balance" means the outstanding principal balance of loans secured by a mortgage or deed of trust with a first or second lien on eligible real property.(7) "New energy improvement" means one or more on-site energy efficiency improvements, renewable energy improvements, resiliency improvements, or water efficiency improvements made to eligible real property that will reduce the energy consumption of or add energy produced from renewable energy sources with regard to any portion of the eligible real property.(8) "Program" means the new energy improvement program established by the district in accordance with section 32-20-105.(9) "Program administrator" or "administrator" means an entity hired by the district to administer the program on behalf of the district to the extent specified in a contract between the district and the administrator. Neither the district nor its program administrator shall offer rebates for the purchase of renewable energy credits. The district's activities shall be limited to funding new energy improvements and to marketing that funding.(10) "Qualified applicant" means a person who:(b) Timely submits to the district a complete application, which notes the existence of any first priority mortgage or deed of trust on the eligible real property and the identity of the holder thereof, to join the district, have the eligible real property included in the district's boundaries, receive reimbursement or a direct payment, and consent to the levying of a special assessment on the property. Within thirty days of a person's submission of an application to the district, the district shall provide written notice to the holder of any first priority mortgage or deed of trust on the eligible real property that the person is participating in the district.(c) Meets any standard of credit-worthiness that the district may establish.(11) "Reimbursement or a direct payment" means the payment by the district to a district member, or on behalf of a district member to a contractor that has completed a new energy improvement to the district member's eligible real property, of all or a portion of the cost of completing a new energy improvement. Utility rebates offered to program participants by a qualifying retail utility for the purpose of compliance with renewable energy targets established in section 40-2-124, C.R.S., are subject to the retail rate impact cap established pursuant to section 40-2-124 (1)(g)(I), C.R.S.(12) "Renewable energy improvement" means one or more fixtures, products, systems, or devices, or an interacting group of fixtures, products, systems, or devices, that directly benefit eligible real property through a qualified community location, as defined in section 30-20-602 (4.3), C.R.S., enacted by Senate Bill 10-100, enacted in 2010, or that are installed behind the meter of any eligible real property and that produce energy from renewable resources, including but not limited to photovoltaic, solar thermal, small wind, low-impact hydroelectric, biomass, fuel cell, or geothermal systems such as ground source heat pumps, as may be approved by the district; except that no renewable energy improvement shall be authorized that interferes with a right held by a public utility under a certificate issued by the public utilities commission under article 5 of title 40, C.R.S. Nothing in this article shall limit the right of a public utility, subject to article 3 or 3.5 of title 40, C.R.S., or section 40-9.5-106, C.R.S., to assess fees for the use of its facilities or modify or expand the net metering limitations established in sections 40-9.5-118 and 40-2-124 (7), C.R.S. Primary jurisdiction to hear any disputes as to whether a renewable energy improvement interferes with such a right shall lie: (a) In the case of a regulated utility, with the public utilities commission; and(b) In the case of a municipally-owned electric utility, with the governing body of the municipality.(13) "Residential building" means an improvement to real property that is designed for use predominantly as a place of residency. The term also includes any other improvement or connected land that is billed with the improvement for purposes of ad valorem property taxation.(13.5)(a) "Resiliency improvement" means one or more installations or modifications to eligible real property, with a useful life not less than ten years, that are designed to improve a property's resiliency by improving the eligible real property's: (I) Structural integrity for seismic events;(III) Durability to resist wind, fire, and flooding;(IV) Ability to withstand an electrical power outage;(V) Storm water control measures, including structural or nonstructural measures to mitigate storm water runoff;(VI) Ability to mitigate the effects of extreme temperatures; and(VII) Ability to mitigate any other environmental hazard identified by the Colorado department of public health and environment.(b) The district shall develop guidelines that detail the requirements for an installation or modification identified in subsection (13.5)(a) of this section to qualify as a resiliency improvement.(14) "Special assessment" or "assessment" means a charge levied by the district against eligible real property specially benefited by a new energy improvement for which the district has made or will make reimbursement or a direct payment that is proportional to the benefit received from the new energy improvement and does not exceed the estimated amount of special benefits received or the full cost of completing the new energy improvement.(15) "Special assessment bond" or "bond" means any bond, note, interim certificate, loan agreement, contract, or other evidence of borrowing of the district issued by the district pursuant to this article that is payable, in whole or in part, from revenues generated by special assessments levied as authorized in this article and, at the discretion of the board, from any other legally available source of moneys lawfully pledged for their repayment.(16)(a) "Water efficiency improvement" means one or more installations or modifications to eligible real property that are designed to improve water efficiency by:(I) Reducing water consumption; or(II) Conserving or remediating water, in whole or in part, on the eligible real property.(b) The district shall develop guidelines that detail the requirements for an installation or modification identified in subsection (16)(a) of this section to qualify as a water efficiency improvement.Amended by 2023 Ch. 12, § 1, eff. 8/7/2023.Amended by 2014 Ch. 195, § 1, eff. 8/6/2014.Amended by 2013 Ch. 347, § 2, eff. 5/28/2013.L. 2010: Entire article added, (HB 10 -1328), ch. 426, p. 2204, § 1, effective June 11. L. 2013: (1.5) and (5)(j) added, (4), IP(5), (5)(f), (5)(h), (5)(i), (7), (11), IP(12), and (14) amended, and (10)(a) repealed, (SB 13-212), ch. 347, p. 2013, § 2, effective May 28. L. 2014: (5)(j) amended, (SB 14-171), ch. 195, p. 718, § 1, effective August 6.2023 Ch. 12, was passed without a safety clause. See Colo. Const. art. V, § 1(3). In 2013, subsections (1.5) and (5)(j) were added, subsection (4), the introductory portion to subsection (5), subsections (5)(f), (5)(h), (5)(i), (7), and (11), the introductory portion to subsection (12), and subsection (14) were amended, and subsection (10)(a) was repealed by the "New Energy Jobs Act of 2013". For the short title, see section 1 of chapter 347, Session Laws of Colorado 2013.