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Bill Detail: HB21-1286

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Title Energy Performance For Buildings
Status Governor Signed (06/24/2021)
Bill Subjects
  • Energy
  • Natural Resources & Environment
House Sponsors A. Valdez (D)
C. Kipp (D)
Senate Sponsors K. Priola (R)
B. Pettersen (D)
House Committee Energy and Environment
Senate Committee Finance
Date Introduced 04/21/2021
Summary


Section 1 of the bill requires owners of certain large buildings
(covered buildings), on an annual basis, to collect and report to the
Colorado energy office (office) the covered building's energy use. The
bill establishes a process requiring certain electric and gas utilities to
provide energy-use data to a covered building owner when requested by
the covered building owner.
Section 1 also requires that, on or before June 1, 2027, a covered
building owner demonstrate that, in 2026, the covered building met
performance standards set forth in the bill. A covered building owner
must demonstrate compliance with the performance standards every 5
years after June 1, 2027. The air quality control commission
(commission) is required to adopt rules in 2026 or 2027 that extend or
modify the performance standards. Thereafter, the commission may, as
the commission deems necessary, modify the performance standards by
rule.
Section 2 requires the office to assist covered building owners
with the reporting requirements set forth in section 1 by:
  • Creating a database of covered buildings and owners
required to comply with section 1;
  • Developing publicly available, digitally interactive maps
and lists showing the energy-use and performance-standard
data reported;
  • Coordinating with any local government that implements
its own energy benchmarking requirements or energy
performance program, including coordination of reporting
requirements; and
  • Collecting an annual fee from owners of covered buildings
of $100 per covered building. The office is required to
transfer the fees collected to the state treasurer, who will
credit the fees to the climate change mitigation and
adaptation fund (fund) created in section 2.
Section 3 imposes penalties for violations of section 1, ranging
from $500 to $5,000, depending on whether the violations are first
violations or subsequent violations, and requires that the civil penalty
payments be credited to the fund. Certain subsequent violations are also
subject to a penalty of 2 cents per square foot of gross floor area of the
covered building for each day that the violations continue.
Section 4 modifies the definition of an energy performance
contract that a governing body of a municipality, county, special district,
or school district (board) enters into for evaluation, recommendations, or
implementation of energy-saving measures to remove requirements that
a board's payment for goods and services pursuant to the contract be made
within a certain number of years of the contract's execution.
1

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