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Energy Performance For Buildings

Concerning measures to improve energy efficiency, and, in connection therewith, requiring owners of large buildings to collect and report on energy-use benchmarking data and comply with rules regarding performance standards related to energy and greenhouse gas emissions and modifying statutory requirements regarding energy performance contracts.
2021 Regular Session
Natural Resources & Environment
Bill 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. A task force consisting of various building owners, building professionals, utility representatives, and local government representatives is authorized to recommend modifications of the performance standards for adoption as rules by the air quality control commission (commission), which is required to adopt rules in 2026 or 2027 that extend or modify the performance standards and waivers and extensions of time related to the performance standards . Thereafter, the commission may, as the commission deems necessary, modify the performance standards by rule.Section 2 authorizes the office to use the energy fund to help finance its work to administer the benchmarking and performance standard program described in section 1 (program).Section 2 3 requires the office to administer the program and 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;
  • Tracking compliance with the program and providing a list of noncompliant owners of covered buildings to the division of administration in the department of public health and environment;
  • 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 ; except that owners of certain types of public covered buildings are exempt from paying the fee . 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 3 .

Section 3 4 imposes penalties for violations of section 1 of up to $500, up to $2,000, or up 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. Owners of certain types of public covered buildings are exempt from paying the penalties.Section 4 5 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.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)


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Bill Text

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