Colo. Rev. Stat. § 30-20-602

Current through Chapter 519 of the 2024 Legislative Session and Chapter 2 of the 2024 First Extraordinary Session

Section 30-20-602 - Definitions

As used in this part 6, unless the context otherwise requires:

(1) "Assessment unit" means an area within a district which is separately defined for determining assessments payable pursuant to this part 6.

(1.5) "Board" means:

(a) The board of county commissioners of a county or city and county.

(b) Repealed.

(1.7) and (1.8) Repealed.

(2) "District" means the geographical division of the county or counties within which any local improvements are made or proposed, when so declared by resolution of the board. There may be noncontiguous parts or sections within the same county included in one district; except that, in a district in which a sales tax is levied, a noncontiguous part or section may only be included if the owners of any property within such part or section petitioned to be included in the district. No district shall include territory that is included in an undissolved district that was formed for the same type of improvement. Notwithstanding any other provision of this part 6 and except in the case of a district formed prior to December 31, 2002, by a city that has been authorized to become a city and county pursuant to an amendment to the state constitution that has been approved by the registered electors of the state of Colorado, no district in which a sales tax is levied pursuant to section 30-20-604.5 shall be formed that includes territory within a municipality, and any such district shall be as compact as possible. Except as provided in section 30-20-603 (11.5)(b)(I), no district that crosses county boundaries may be formed by intergovernmental agreement or otherwise.

(2.5) "Drainage facility" means any land and improvements thereon, if any, used for the conveyance of water runoff.

(2.7)

(a) "Elector of the district" means a person who, at the designated time or event, is registered to vote in accordance with the "Uniform Election Code of 1992", articles 1 to 13 of title 1, C.R.S., and:

(I) Who is a resident of the district or the area to be included in the district; or

(II) Who or whose spouse or civil union partner owns taxable real or personal property within the district or the area to be included in the district whether or not said person resides within the district.

(b) Where the owner of taxable real or personal property specified in subparagraph (II) of paragraph (a) of this subsection (2.7) is not a natural person, an "elector of the district" shall include a natural person designated by such owner to vote for such person. Such designation shall be in writing and filed with the county clerk and recorder. Only one such person may be designated by an owner.

(2.8) "Energy efficiency improvement" means an installation or modification that is designed to reduce energy consumption in residential or commercial buildings 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 buildings or central plants;

(e) Caulking and weatherstripping;

(f) Replacement or modification of lighting fixtures to increase the energy efficiency of the system without increasing the overall illumination of a residential or commercial building unless such increase in illumination is necessary to conform to the applicable building code for the proposed lighting system;

(g) Energy recovery systems;

(h) Daylighting systems; and

(i) Any other modification, installation, or remodeling approved as a utility cost-savings measure by the board.

(2.9) "Informational products and materials" means any marketing or advertising device used to promote the general development of business within a district, but does not include any marketing or advertising device used to promote a single store or company.

(3) "Owner" means the person holding record fee title to real property; except that a person obligated to pay general taxes under a contract to purchase real property shall be considered the owner thereof for the purposes of this part 6, and in such case any other person holding record fee title to such property shall not be considered the owner thereof.

(4) "Property" means all land, whether platted or unplatted, regardless of improvements thereon and regardless of lot or land lines. Lots may be designated in accordance with any recorded map or plat thereof and unplatted lands by any definite description.

(4.3) "Qualified community location" means:

(a) If the affected local electric utility is not an investor-owned utility, an off-site location of a renewable energy improvement that:

(I) Is wholly owned, through either an undivided or a fractional interest, by the owner or owners of the residential or commercial building or buildings that are directly benefited by the renewable energy improvement;

(II) Provides energy as a direct credit on the owner's utility bill; and

(III) Is an encumbrance on the property specifically benefited;

(b) If the affected local electric utility is an investor-owned utility, a community solar garden, as that term is defined in section 40-2-127 (2), or a community geothermal garden, as that term is defined in section 40-2-127.5 (2).

(4.5) "Registered elector" means an elector, as defined in section 1-1-104 (12), C.R.S., who has complied with the registration provisions of the "Uniform Election Code of 1992", articles 1 to 13 of title 1, C.R.S., and who resides within or is eligible to vote in the county.

(4.7)

(a) "Renewable energy improvement" means a fixture, product, system, device, or interacting group of devices that produces energy from renewable resources, including photovoltaic systems, solar thermal systems, small wind systems, biomass systems, hydroelectric systems, or geothermal systems, as may be included in the approval of the district by the board, and that either:

(I) Is installed behind the meter of a residential or commercial building; or

(II) Directly benefits a residential or commercial building through a qualified community location.

(b) 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 part 6 limits 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 modifies or expands the net metering limitations established in sections 40-2-124 (7) and 40-9.5-118, C.R.S. Primary jurisdiction to hear any disputes concerning whether a renewable energy improvement interferes with such a right shall lie:

(I) In the case of a regulated utility, with the public utilities commission; and

(II) In the case of a municipally owned utility, with the governing body of such municipality.

(c) "Renewable energy improvement" includes an improvement to the efficiency of a traditional energy fixture.

(5) "Street" means any road or other public thoroughfare.

(6) "Unincorporated area" means any territory within a county which is not within the boundaries of any municipality.

C.R.S. § 30-20-602

Amended by 2023 Ch. 303,§ 71, eff. 8/7/2023.

Amended by 2022 Ch. 335, § 13, eff. 8/10/2022.

Amended by 2014 Ch. 2, § 9, eff. 2/18/2014.

Amended by 2013 Ch. 182, § 1, eff. 8/7/2013.

L. 73: p. 483, § 1. C.R.S. 1963: § 36-30-2. L. 83: (1.5) added, p. 1235, § 2, effective June 3. L. 86: (1), (1.5), and (2) R&RE and (2.5) added, p. 1058, §§ 25, 26, effective April 17. L. 87: (2) amended, p. 1210, § 2, effective May 7. L. 99: (2.7) and (4.5) added, p. 515, § 12, effective April 30. L. 2000: (1.5) and (2) amended and (1.7) and (1.8) added, p. 1989, § 2, effective August 2. L. 2002: (2.9) added, p. 335, § 1, effective April 19; (2.7) amended, p. 268, § 6, effective August 7. L. 2008: (2.8) and (4.7) added, p. 1295, § 9, effective May 27. L. 2010: (2) and (4.7) amended and (4.3) added, (SB 10 - 10 0), ch. 207, p. 899, § 1, effective May 5. L. 2012: (4.7)(c) added, (HB 12-1315), ch. 224, p. 975, § 37, effective July 1. L. 2013: (2) amended, (HB 13-1036), ch. 182, p. 669, § 1, effective August 7. L. 2014: (2.7)(a) amended, (HB 14-1164), ch. 2, p. 58, § 9, effective February 18.

(1) Subsection (1.5)(b)(II) provided for the repeal of subsection (1.5)(b), effective December 31, 2002. (See L. 2000, p. 1989.) Subsection (1.7)(b) provided for the repeal of subsection (1.7), effective December 31, 2002. (See L. 2000, p. 1989.) Subsection (1.8)(b) provided for the repeal of subsection (1.8), effective December 31, 2002. (See L. 2000, p. 1989.)

(2) House Bill 10-1342, referenced in subsection (4.3)(b), was signed by the Governor and took effect June 5, 2010.

2023 Ch. 303, was passed without a safety clause. See Colo. Const. art. V, § 1(3).

2022 Ch. 335, was passed without a safety clause. See Colo. Const. art. V, § 1(3).

(1) For definitions applicable to this part 6, see § 30-26-301(2)(d) . (2) For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014.