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  County Treasurers and
Public Trustees

2010 Legislative Changes

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Section

Bill Number

24-70-103(4) HB 10-1063
24-72-202(6)(b)(XI)-(XIII) HB 10-1284
24-72-204(3)(a)(XII) HB 10-1019
24-80-102(10) HB 10-1181
30-1-103 HB 10-1007
30-1-104(1) HB 10-1057
30-1-105 HB 10-1057
30-1-105.5 HB 10-1057
30-1-106 HB 10-1057
30-1-107 HB 10-1057
30-1-116 HB 10-1057
30-10-101 HB 10-1062
30-10-102 HB 10-1062
30-10-110 HB 10-1062
30-10-111 HB 10-1062
30-10-701 HB 10-1062
30-10-703 HB 10-1062
30-10-705 HB 10-1062
30-10-710 HB 10-1062
30-10-713 HB 10-1062
32-20-101 thru 110 (new article) HB 10-1328
39-1-102 (1.1) SB 10-177
39-1-102 (1.6) HB 10-1197
39-1-102 HB 10-1267
39-1-103 HB 10-1197
39-1-113 HB 10-1117
39-1-122 (new section) HB 10-1293
39-2-117 HB 10-1386
39-3-102 HB 10-1267
39-3-203 SB 10-190
39-4-101 SB 10-019, 174 & 177
39-4-102 HB 10-1431, SB 10-019, 174 & 177
39-5-104.7 SB 10-019, 174 & 177
39-5-121 HB 10-1117
39-8-109 SB 10-138
39-10-103 HB 10-1117
39-10-104.5 (3) (a) HB 10-1117
39-10-104.5 (8) HB 10-1046
42-3-106 (2) HB 10-1172 & SB 10-144
  1. 24-70-103.  Requisites of legal newspaper.
    (4)  Notwithstanding any other provision of this part 1, if no newspaper is published within the territorial boundaries of a municipality that satisfies the requirements for a legal publication as specified in section 24-70-102, but a newspaper that provides local news and that would satisfy the requirements to be admitted to the United States mails with periodicals mailing privileges but for the absence of paid circulation is distributed within such territorial boundaries, the municipality may publish any legal notice or advertisement required by law in such newspaper

  2. 24-72-202.  Definitions.
    As used in this part 2, unless the context otherwise requires:
      (6) (b)  "Public records" does not include:
      (XI)  Information security incident reports prepared pursuant to section 24-37.5-404 (2) (e) or 24-37.5-404.5 (2) (e); or
      (XII)  Information security audit and assessment reports prepared pursuant to section 24-37.5-403 (2) (d) or 24-37.5-404.5 (2) (d); or
      (XIII)  State and local applications and licenses for an optional premises cultivation operation as described in section 12-43.3-403, C.R.S., and the location of the optional premises cultivation operation.

  3. 24-72-204.  Allowance or denial of inspection - grounds - procedure - appeal - definitions.
    (3) (a)  The custodian shall deny the right of inspection of the following records, unless otherwise provided by law; except that any of the following records, other than letters of reference concerning employment, licensing, or issuance of permits, shall be available to the person in interest under this subsection (3):

    (XII)  Any record indicating that a person has obtained distinguishing an identifying license plates plate or an identifying placard for persons with disabilities under section 42-3-204, C.R.S., or any other motor vehicle record that would reveal the presence of a disability;

  4. 24-80-102.  State archives and public records - personnel - duties - cash fund - rules.
    (10)  The executive director of the department of personnel shall establish by rule any fees as are necessary to pay for the direct and indirect costs of responding to requests for information AND RESEARCH from nonstate STATE agencies including requests that are processed through other state agencies AND THE GENERAL PUBLIC. All fees collected shall be transmitted to the state treasurer, who shall credit the same to the state archives and public records cash fund, which fund is hereby created. The moneys in the fund shall be subject to annual appropriation by the general assembly for the direct and indirect costs of responding to requests for information AND RESEARCH from nonstate STATE agencies including requests that are processed through other state agencies AND THE GENERAL PUBLIC. All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or any other fund. In no event shall the executive director charge any fee to any public entity to produce information that the public entity is required by law to file with the state archives.

  5. 30-1-103.  Fees of county clerk and recorders.
    (1)  Fees collected by county clerk and recorders shall be as follows: For filing or recording each document for which a fee is not specifically provided, except tax schedules and claims against the county, for which no fee shall be allowed, in cities and counties and in counties of every class, said the clerk shall receive ten dollars for the first page and five dollars per for each additional page.
    (4)  Documents containing multiple grants, notices, assignments, or releases of leases, deeds of trust, mortgages, or liens, or other instruments that require multiple entries in the grantor or grantee index, shall incur an additional fee of five dollars for each such entry in excess of one per document.  
    (5)  The fee described in subsection (1) of this section shall not be collected on any filing received by the county clerk and recorder as an authorized agent of the executive director of the department of revenue pursuant to section 38-29-128 or 42-6-121, C.R.S., in which case the fee collected shall be five dollars per page.

  6. 30-1-104.  Fees of sheriff. 
    (1)  Fees collected by sheriffs shall be as follows:  
    (b.5)  For making a return on a summons in other than a criminal action not served, for each party, in counties of every class, actual expenses, but not more than sixteen twenty dollars;  
    (d.5)  For making a return on a subpoena in other than a criminal action not served, in counties of every class, actual expenses, but not more than sixteen twenty dollars;  
    (h.5)  For mileage:  
    (I)  Not to exceed the mileage rate authorized for county officials and employees pursuant to section 30-11-107 (1) (t), for each mile actually and necessarily traveled in serving each writ, subpoena, or other process in an action other than a criminal action; thirty-six cents; except that actual and not constructive mileage shall be allowed in all cases; and, where more than one warrant is served by any officer on one trip, the actual mileage only shall be allowed such officer, and the actual mileage shall be apportioned among the several warrants served on the trip;
    or
    (II)  A sheriff may establish a zone- or zip code-based mileage fee structure. The zone- or zip code-based mileage fee structure shall establish a single mileage fee for the service of any writ, subpoena, or other process in an action, other than a criminal action, in each separate zone or zip code, as applicable, in the county. The applicable single mileage fee for a zone or zip code shall be charged for all papers served in the zone or zip code regardless of the number of attempts or actual mileage traveled by a sheriff within the zone or zip code during a sheriff's operational period. The single mileage fees for each zone or zip code shall be set by resolution of the board of county commissioners for the county and posted pursuant to section 30-1-108.

  7. 30-1-105.  Constructive mileage not allowed.  
    When any sheriff serves two or more papers on the same person or on different persons at the same time and place in the same action, he may charge mileage from his office to the place of service for distance necessarily traveled only once each way, and no constructive mileage shall be allowed.

  8. 30-1-105.5.  Two or more papers served on same person or different persons at same time and place in same action. (1)  Except as provided in subsection (2) of this section, when any sheriff serves two or more papers on the same person, or serves papers on different persons at the same time and place in the same action, the sheriff shall charge the highest individual fee allowable pursuant to section 30-1-104 for the first process and an additional ten dollars for each subsequent process served.  
    (2)  If a county has adopted a zone- or zip code-based mileage fee structure, as that term is described in section 30-1-104 (1)
    (h.5) (II), when any sheriff serves two or more papers on the same person, or serves papers on different persons at the same time and place in the same action, the sheriff shall charge the single zone- or zip code-based mileage fee for the first process and an additional ten dollars for each subsequent process served.

  9. 30-1-106.  Service must be made upon offer or tender of fees.
    (1)  No sheriff shall refuse to serve any writ, summons, or notice requested by any person entitled to such service, when offered or tendered the fees allowed by law for such service; nor shall he or she charge, demand, or receive any greater sum or compensation or allowance.  
    (2)  
    A sheriff shall have the authority to establish billing accounts for licensed attorneys and licensed collection agencies that have a principal office located in the state.
    (3)  A sheriff shall have the authority to develop and publish standardized procedures for billing the accounts authorized by subsection (2) of this section. Such procedures may include the ability to suspend the billing privileges of any entity for nonpayment of a fee upon demand or other good cause shown.

  10. 30-1-107.  Penalty for violation - duties.
    Any sheriff who violates any of the provisions of sections 30-1-105 and 30-1-106 section 30-1-106 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than five nor more than fifty dollars for each offense and he is liable to any person aggrieved to pay all loss, damage, and expenses, including attorney fees in prosecuting or suing such officer, which such aggrieved person may sustain by reason of such violation. The sheriff and his the sheriff's deputies shall be subject to the provisions of sections 30-1-105 and 30-1-106 section 30-1-106.

  11. 30-1-116.  Officers shall collect fees in advance.
    (1)  Except as provided in section 30-1-106, every officer shall collect every fee, as prescribed, for services performed by him or her in advance, if the same can be ascertained, and when any officer negligently or willfully fails to collect any such fee, the same shall be charged against his or her salary.

  12. 30-10-101. Offices - inspection of records - failure to comply - penalty.
    (1) (a)  Every sheriff, county clerk and recorder, and county treasurer and clerk of the district and county courts shall keep his or her respective office at the county seat of the county and in the office provided by the county, if any such has been provided, or, if there is none provided, then at such place as the board of county commissioners shall direct. Subject to the provisions of part 2 of article 72 of title 24, C.R.S., and any judicially recognized right of privacy, all books and papers required to be in such offices shall be open to the examination of any person, but no person, except parties in interest, or their attorneys, shall have the right to examine pleadings or other papers filed in any cause pending in such court.

  13. 30-10-102.  All money delivered to treasurer - penalty for failure.
    (1)  Except as provided in subsection (2) of this section, every county clerk and recorder, clerk of the district court, clerk of the county court, district attorney, sheriff, or other state or county officer appointed by law, required or permitted to receive and pay over to the county treasurer any taxes, fines, fees, or other moneys whatsoever, within thirty days after the receipt of such moneys, shall pay the same over to the county treasurer, and together therewith such officer so paying over the same shall deliver to the county treasurer a statement of the amount of such moneys so collected by him and paid over, which statement shall be signed by the person paying the same, sworn to before the county treasurer, and then filed and preserved in the office of such treasurer. Every person falsely swearing in any such statement is guilty of perjury in the second degree. The county treasurer shall not demand or receive any fee for administering the oath required by this section.

  14. 30-10-110.  Bonds or insurance of officers - oaths.
    (1)  Except as provided in subsection (2) of this section,
    every county officer named in section 30-10-101, before entering upon the duties of his office, on or before the day of the commencement of the term for which he the officer was elected, shall execute and deposit his an official bond, as prescribed by law. and Any such officer shall also take and subscribe the oath of office prescribed by law, before some officer authorized to administer oaths, and deposit the same with his the official bond to be filed and preserved therewith.
    (2)  In lieu of the bond required by subsection (1) of this section, a county may purchase crime insurance coverage on behalf of the county officer and county employees to protect the people of the county from any malfeasance on the part of the officer while in office or employees.

  15. 30-10-111.  Oath of deputy.
    Every A
    deputy appointed to any of said offices office, before entering upon his the deputy's duties under such appointment, shall take and subscribe the like oath of office as that required to be taken by the officer appointing him appointing officer and shall deposit the same in the office where the bond oath of such officer is deposited.

  16. 30-10-701.  Election - term - bond - insurance.
    (1)  
    A county treasurer shall be elected in each county for the term of four years and, except as provided in subsection (2) of this section, before entering upon the discharge of duties, shall execute to the people of the state of Colorado a surety bond to be approved by the board of county commissioners and filed in the office of the county clerk and recorder. Prior to the treasurer being sworn into office, the board of county commissioners shall set the amount of the surety bond by written resolution duly adopted by a majority vote of the board, which shall be entered in its minutes.
    (2)  In lieu of the bond required by subsection (1) of this section, a county may purchase crime insurance coverage on behalf of the treasurer to protect the people of the county from any malfeasance on the part of the treasurer while in office.

  17. 30-10-703.  Form of bond.
    If a treasurer executes a bond pursuant to section 30-10-701 (1),
    the condition of such the bond shall be in substance as follows: Whereas, .............., was elected to the office of County Treasurer of the County of ............ on the ............ day of ............; Now, therefore, the condition of this obligation is such, that if the said .............. and his the treasurer's deputy and all persons employed in his the treasurer's office shall faithfully and promptly perform the duties of said office, and if the said .............. and his the treasurer's deputies shall pay or invest according to law, all moneys which that shall come to his the hands as of the treasurer, and shall render a just and true account thereof whenever required by said board of county commissioners, or by any provision of law, and shall deliver over to his a successor in office, or to any other person authorized by law to receive the same, all moneys, securities, books, papers, and other things appertaining thereto or belonging to his the treasurer's office, the above obligation to be void, otherwise to be in full force and effect; except that the surety shall in no event be liable for any loss caused by the failure or insolvency of the depository in which the county treasurer or his the treasurer's deputies deposit any such public funds, or for any loss arising out of the investment of any such funds.

  18. 30-10-705.  Vacancy in office - how filled.
    (1)  In case the office of county treasurer becomes vacant, the board of county commissioners shall appoint a suitable person to perform the duties of such the treasurer. and Except as provided in subsection (2) of this section, the person so appointed upon giving shall give bond with like sureties and conditions as that required in county treasurers' bonds and in such sum as said the board shall direct and shall be invested with all the duties of such the treasurer, until such vacancy is filled or such disability removed.
    (2)  In lieu of the bond required by subsection (1) of this section, a county may purchase crime insurance coverage on behalf of the appointee to the office of treasurer to protect the people of the county from any malfeasance on the part of the treasurer while in office.

  19. 30-10-710.  Apportionment and separation of funds.
    It is the duty of the county treasurer to apportion and keep all taxes collected by him or her in the several funds for which the taxes were levied, and it shall not be lawful to use the moneys belonging to any fund for the purpose of paying warrants drawn upon some other fund or for the purpose of paying warrants issued before April 2, 1998, which properly should have been drawn upon some other fund; but the amount of interest gained through the investment of county funds, regardless of the origin of such funds, may be credited to the general fund of the county by the county treasurer, unless such investment is made from specific funds allocated for a definite purpose and so maintained. The treasurer and the sureties on his or her official bond are or the insurer on the crime insurance policy, as applicable, shall be liable at the action of any taxpayer of the county for any violation of this section.

  20. 30-10-713.  Delivery of books to successor - penalty.
    Upon the resignation or removal from office of any county treasurer, all the books and papers belonging to his the treasurer's office, and all moneys in his the treasurer's hands by virtue of his the treasurer's office, shall be delivered to his the treasurer's successor in office, upon the oath of such preceding treasurer, or in case of his the treasurer's death, upon oath of his the treasurer's executors or administrators. If any such preceding county treasurer, or in case of his the treasurer's death, his the treasurer's executors or administrators neglect or refuse to deliver up such books, papers, and moneys on oath, when lawfully demanded, every such person shall forfeit a sum of not less than one hundred dollars nor more than five hundred dollars. and be also liable upon his official bond for such refusal or neglect.

  21. ARTICLE 20 - Colorado New Energy Improvement District
    32-20-101.  Short title. This article shall be known and may be cited as the "New Energy Jobs Creation Act of 2010".  
    32-20-102.  Legislative declaration. (1)  The general assembly hereby finds and declares that:
      
    (a)  It is in the best interest of the state and its citizens and a public purpose to enable and encourage the owners of eligible real property to invest in new energy improvements, including energy efficiency improvements and renewable energy improvements, sooner rather than later by creating the Colorado new energy improvement district and authorizing the district to establish, develop, finance, implement, and administer a new energy improvement program that includes both energy efficiency improvements and renewable energy improvements to assist any such owners who choose to join the district in completing new energy improvements to their property because:
      (I)  New energy improvements, including energy efficiency improvements and renewable energy improvements, help protect owners of eligible real property from the financial impact of the rising cost of electricity produced from nonrenewable fuels and can even provide positive cash flow in many instances in which the costs of the improvements are spread out over a long enough time so that the owners' utility bill cost savings exceed the special assessments levied on the eligible real property to pay for the improvements;
      (II)  The inclusion of both energy efficiency improvements and renewable energy improvements in the new energy improvement program will help to promote informed choices and maximize the benefits of the program for both individual owners of eligible real property and society as a whole;
      (III)  Reduction in the amount of emissions of greenhouse gases and environmental pollutants resulting from decreased use of traditional nonrenewable fuels will improve air quality and may help to mitigate climate change;
      
    (IV)  New energy improvements, including energy efficiency improvements and renewable energy improvements, increase the value of the eligible real property improved;
      
    (V)  The commitment of a significant amount of sustainable funding for increased construction of new energy improvements will create jobs and stimulate the state economy:
      
    (A)  By directly creating jobs for contractors and other persons who complete new energy improvements; and
      
    (B)  By reinforcing the leadership role of the state in the new energy economy and thereby attracting new energy manufacturing facilities and related jobs to the state; and
      
    (VI)  The new energy improvement program provides a meaningful, practical opportunity for average citizens to take action that will benefit their personal finances and the economy of the state, promote their own and the nation's energy independence and security, and help sustain the environment; and
      
    (b)  In many cases, the owner of eligible real property is unable to fund a new energy improvement because the owner does not have sufficient liquid assets to directly fund the improvement and is unable or unwilling to incur the negative net cash flow likely to result if the owner uses a typical home equity loan or line of credit or other loan to fund the improvement.
      (2)  The general assembly further finds and declares that it is necessary, appropriate, and legally permissible under section 20 of article X of the state constitution and all other constitutional provisions and laws to authorize the Colorado new energy improvement district, without voter approval in advance, to generate the capital needed to reimburse owners of eligible real property who voluntarily join the district for, or directly pay for all or a portion of the cost of, completing new energy improvements, including energy efficiency improvements and renewable energy improvements, to the property by levying special assessments and issuing special assessment bonds to be paid from the revenues generated by the special assessments because:
      
    (a)  Under the Colorado supreme court's decision in Campbell v. Orchard Mesa Irrigation District, 972 P.2d 1037 (Colo. 1998), the Colorado new energy improvement district is neither the state nor a local government and therefore is not a district, as defined in section 20 (2) (b) of article X of the state constitution, subject to the requirements of section 20 of article X of the state constitution because:
      (I)  The district is not authorized to levy general taxes;
      
    (II)  Although the district is a public corporation that serves the public purposes of promoting new energy improvements and creating jobs, it does not have elected board members and primarily exists to serve the interests of owners of eligible real property who voluntarily join the district in order to fund new energy improvements to the property; and
      
    (III)  The district is endowed by the state pursuant to this article with only the powers necessary to perform its predominantly private objective;
      
    (b)  There is no legal impediment to the imposition of special assessments and the issuance of special assessment bonds without an election by an entity like the Colorado new energy improvement district that is formed by law, has statewide jurisdiction, and is governed by an appointed board;
      
    (c)  The burden of a special assessment is voluntarily assumed by the owner of the eligible real property on which the special assessment is levied because:
      
    (I)  A special assessment may only be levied on eligible real property if the owner of the property has voluntarily joined the district, agreed to accept reimbursement or a direct payment, and consented to the levy of a special assessment; and
      
    (II)  A subsequent purchaser of eligible real property upon which a special assessment has been levied purchases the property with full knowledge of the special assessment; and
      
    (d)  Both an owner of eligible real property who joins the district and receives reimbursement or a direct payment and any subsequent owner of the property receive the special benefit of the new energy improvement for which the district has made reimbursement or a direct payment in proportion to or in excess of the amount of the special assessment paid.
    32-20-103.  Definitions.
    As used in this article, unless the context otherwise requires:
      
    (1)  "Board" means the board of directors of the district.
      (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 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 that are not required by a building code as part of new construction or a major renovation 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 without increasing the overall illumination of eligible real property unless the 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 district.
      
    (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 or renewable energy improvements, or both, made to eligible real property that will reduce the energy consumption of or add energy produced from renewable energy sources only to any portion of the eligible real property that is used predominantly as a place of residency.
      
    (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:
      
    (a)  Owns eligible real property that has a ratio of loan balance to its actual value of ninety-five percent or less at the time the person's program application is approved, as shown in the records of the county assessor, unless the holder of the deed of trust or mortgage recorded against the eligible real property that has priority over all other deeds of trust or mortgages recorded against the eligible real property has consented in writing to the levying of a special assessment against the eligible real property.
      
    (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 such 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., shall be subject to the retail rate impact cap established pursuant to section 40-2-124 (1) (g) (I), C.R.S. The maximum amount of reimbursement or a direct payment that may be made shall be the lowest of the full cost of completing a new energy improvement, twenty percent of the actual value, as specified in the records of the county assessor, of the eligible real property to which the new energy improvement is made, or twenty-five thousand dollars; except that the twenty-five thousand dollar limit shall be adjusted by the district for each calendar year commencing on or after January 1, 2012, based on the consumer price index for the Denver-Boulder-Greeley metropolitan statistical area for the state fiscal year that ends in the preceding calendar year.
      
    (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, 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.
      
    (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.
      
    (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.  
    32-20-104.  Colorado new energy improvement district - creation - board - meetings - quorum - expenses - records.
      (1)  
    The Colorado new energy improvement district is hereby created as an independent public body corporate, and the boundaries of the district shall include the eligible real property that is owned by a person who has voluntarily joined the district. The district constitutes a public instrumentality, and its exercise of the powers conferred by this article shall be deemed and held to be the performance of an essential public function, but the district:
      (a)  Shall not be an agency of state government or of any local government;
      
    (b)  Shall not be subject to administrative direction by any department, commission, board, or agency of the state or any local government; and
      
    (c)  Shall not be a district, as defined in section 20 (2) (b) of article X of the state constitution, for purposes of section 20 of said article X.
      
    (2) (a)  The district shall be governed by a board of directors, which shall exercise the powers of the district, shall, by a majority vote of a quorum of its members, select from its membership a chair and a vice-chair, and shall be composed of nine members, including:
      
    (I)  The following two ex officio members or their designees:
      
    (A)  The director of the governor's energy office created in section 24-38.5-101 (1), C.R.S.; and
      
    (B)  The director of the Colorado office of economic development created in section 24-48.5-101 (1), C.R.S.;
      
    (II)  The following five members appointed by the governor:
      
    (A)  One member who has executive-level experience in the affordable housing industry;
      
    (B)  One member who has executive-level experience in the lending industry;
      
    (C)  One member who is an attorney licensed to practice law in Colorado and who shall serve as the secretary of the board;
      
    (D)  One member who represents the energy efficiency industry; and
      
    (E)  One member who represents local governments;
      
    (III)  One member appointed by the president of the senate who has executive-level experience in the renewable energy industry;
      
    (IV)  One member appointed by the speaker of the house of representatives who has executive-level experience in the financial industry;
      
    (V)  One member appointed by the minority leader of the senate who has executive-level experience in the utility industry; and
      
    (VI)  One member appointed by the minority leader of the house of representatives who has executive-level experience in the housing industry.
      
    (b)  The terms of the appointed members shall be four years; except that the terms of the members initially appointed by the governor, the speaker of the house of representatives, and the minority leader of the senate shall be two years.
      
    (c) (I)  Notwithstanding any other law, it is not a conflict of interest for a trustee, director, officer, or employee of any public utility, financial institution, investment banking firm, brokerage firm, commercial bank or trust company, insurance company, law firm, or other firm, corporation, or business entity to serve as a board member, the executive director of the district, or an employee of the district. However, a board member, executive director, or other employee who is also such a trustee, director, officer, or employee shall disclose his or her business affiliation to the board and shall abstain from voting or otherwise taking action in any instance in which his or her business affiliation is directly involved.
      
    (II)  A member of the board, any executive director of the district, and any employee of the district shall be immune from civil liability for any action taken in good faith in the course of the member's, director's, or employee's duties for the district.
      
    (d)  Members of the board shall receive no compensation for services but shall be entitled to the necessary expenses, including travel and lodging expenses, incurred in the discharge of their official duties. Any payments for compensation and expenses shall be paid from funds of the district.
      
    (3)  Six members of the board shall constitute a quorum for the purpose of conducting business and exercising the powers of the board. Action may be taken by the board upon the affirmative vote of at least six of its members. No vacancy in the membership of the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the board.
      
    (4)  The district shall be subject to the open meetings provisions of the "Colorado Sunshine Act of 1972", part 4 of article 6 of title 24, C.R.S., and the "Colorado Open Records Act", part 2 of article 72 of title 24, C.R.S. The board shall also promulgate and adhere to policies and procedures that govern its conduct, provide meaningful opportunities for public input, and establish standards and procedures for calling emergency meetings. One or more members of the board may participate in a meeting of the board and may vote through the use of telecommunications devices, including, but not limited to, a conference telephone or similar communications equipment. Participation through telecommunications devices shall constitute presence in person at a meeting. The use of telecommunications devices shall not supersede any requirements for a public hearing otherwise provided by law.
      
    (5)  The district shall be subject to the "Local Government Budget Law of Colorado", part 1 of article 1 of title 29, C.R.S., and the "Colorado Local Government Audit Law", part 6 of article 1 of title 29, C.R.S.
      
    (6)  The district shall be considered a special district included within the definition of the state or any of its political subdivisions set forth in section 2 (14.6) of article XXVIII of the state constitution and shall, accordingly, be subject to the sole source contracting provisions of sections 15 to 17 of said article XXVIII.
      
    (7)  Because the district is not a part of state government or a county or municipality, neither the district nor any member of the board, executive director of the district, or employee of the district shall be subject to the provisions of article XXIX of the state constitution.  
    32-20-105.  District - purpose - general powers and duties - new energy improvement program.
     
    (1)  The purpose of the district is to help provide the special benefits of new energy improvements to owners of eligible real property who voluntarily join the district by establishing, developing, financing, and administering a new energy improvement program through which the district can provide assistance to such owners in completing new energy improvements. The district may exercise any of the powers granted to the district in this article before any eligible real property is included within the boundaries of the district; except that the district shall exercise the powers to levy special assessments and issue special assessment bonds only after eligible real property is included within the boundaries of the district.
      
    (2)  In order to allow the district to achieve its purpose, in addition to any other powers and duties of the district specified in this article, the district shall have the following general powers and duties:
      
    (a)  To have perpetual existence;
      
    (b)  To have and use a corporate seal;
      
    (c)  To adopt bylaws for the regulation of its affairs and conduct of its business;
      
    (d)  To set an annual budget;
      
    (e)  To sue and be sued and to be a party to suits, actions, and proceedings;
      
    (f)  To enter into contracts and agreements needed for its functions or operations;
      
    (g)  To acquire, dispose of, and encumber real and personal property needed for its functions or operations;
      
    (h)  To borrow money for the purpose of defraying district expenses, including, but not limited to, the funding of appropriate loss reserves, or for any other purpose deemed appropriate by the board;
      
    (i)  To invest any moneys of the district in accordance with part 6 of article 75 of title 24, C.R.S.;
      
    (j) (I)  To hire and set the compensation of a program administrator and to appoint, hire, retain, and set the compensation of other agents and employees and contract for professional services.
      
    (II)  The board may delegate any of the powers and duties of the district that specifically pertain to the establishment, development, financing, and administration of the program to any program administrator the district hires; except that the district shall not delegate the power to establish assessment units, the power to determine the method of calculating special assessments, or the power to issue special assessment bonds.
      
    (k)  In accordance with sections 32-20-106 to 32-20-108, to establish special assessment units, levy and collect special assessments on eligible real property specially benefited by a renewable energy improvement for which the district made reimbursement or a direct payment, and issue special assessment bonds;
      
    (l)  To accept gifts and donations and apply for and accept grants upon such terms or conditions as the board may approve; and
      
    (m)  To have and exercise all rights and powers nessary or incidental to or implied from the specific powers granted to the district by this article. Such specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this article.
      (3)  The district shall establish, develop, finance, and administer a new energy improvement program. However, the district may conduct the program within any given county only if the board of county commissioners of the county has adopted a resolution authorizing the district to conduct the program within the county. The program shall be designed to allow an owner of eligible real property to apply to join the district, receive reimbursement or a direct payment from the district, and consent to the levying of a special assessment on the eligible real property specially benefited by a new energy improvement for which the district makes reimbursement or a direct payment. The district shall establish an application process for the program, which may allow an owner of eligible real property to become a qualified applicant by submitting an application to the district and which may include one or more deadlines for the filing of an application. The district may charge program application fees. In order to administer the program, the district, acting directly or through a program administrator or such other agents, employees, or professionals as the district may appoint, hire, retain, or contract with, shall:
      
    (a)  Market the program to owners of eligible real property, encourage such owners to obtain the special benefits of completing new energy improvements to their property by providing more attractive and accessible means of funding the completion of new energy improvements, and accept and process program applications from any such owners who are qualified applicants;
      
    (b)  Specify the information to be included in a program application. The district shall require an owner of eligible real property who submits a program application to include, at a minimum, a postal address or electronic mail address at which the district may contact the owner, the name and postal or electronic mailing address of any person holding a lien against the eligible real property, and any information that the district requires to verify that the owner will complete a new energy improvement, verify the cost of completing the new energy improvement, determine the appropriate amount of reimbursement or a direct payment to be made to the applicant or a contractor after the new energy improvement has been completed, and estimate the value of the special benefit provided by the completed new energy improvement to the applicant's eligible real property.
      
    (c)  Establish such standards, guidelines, and procedures, including but not limited to standards of credit-worthiness for qualification of program applicants, as are necessary to ensure the financial stability of the program and otherwise prevent fraud and abuse;
      
    (d)  Encourage any qualified applicant to obtain an online or on-site home energy audit in order to ensure the efficient use of new energy improvement funding pursuant to this article;
      
    (e)  Inform prospective program applicants and qualified applicants of private financing options not provided by the district, including but not limited to home equity loans and home equity lines of credit, that may, with respect to a particular applicant, represent viable alternatives for financing new energy improvements;
      
    (f)  Take appropriate steps to establish qualifications for the certification of contractors to construct or install new energy improvements; and
      
    (g)  Take appropriate steps to monitor the quality of new energy improvements for which the district has made reimbursement or a direct payment if deemed necessary by the board, measure the total energy savings achieved by the program, monitor the total number of program participants, the total amount paid to contractors, the number of jobs created by the program, the number of defaults by program participants, and the total losses from the defaults, and calculate the total amount of bonds issued by the district. On or before March 1, 2011, and on or before each subsequent March 1, the district shall report to the state, veterans, and military affairs committees of the general assembly, or any successor committees regarding the information obtained as required by this paragraph (g).
      
    (4)  The district shall establish underwriting guidelines that consider program applicants' qualifications, credit-worthiness, home equity, and other appropriate factors, including but not limited to credit reports, credit scores, and loan-to-value ratios, consistent with good and customary lending practices, and as required in order for the district to obtain a bond rating necessary for a successful bond sale. The district shall also arrange for an appropriate loss reserve in order to obtain the necessary bond rating.  
    32-20-106.  Special assessments - determination of special benefits - notice and hearing requirements - certification of assessment roll - manner of collection.
     
    (1)  The approval by the district of a program application shall establish the qualified applicant who submitted the application as a district member, include the qualified applicant's eligible real property within the boundaries of the district, entitle the district member to reimbursement or a direct payment, and, subject to the provisions of subsection (3) of this section, constitute the consent of the district member to the levying of a special assessment on the district member's eligible real property in an amount that does not exceed the value of the special benefit provided to the eligible real property by the new energy improvement.
      
    (2)  For the purpose of determining the amount of the special assessment to be levied on a particular unit of eligible real property within the district, "special benefit" includes, but is not limited to:
      
    (a)  Any increase in the market value of the eligible real property resulting from the completion of a new energy improvement;
      
    (b)  Any cost of completing a new energy improvement that is defrayed by reimbursement or a direct payment;
      
    (c)  Any reduction in energy-related utility bills for the eligible real property caused by a quantifiable reduction in the energy consumption of the eligible real property resulting from the completion of a new energy improvement; and
      
    (d)  Any acknowledged value of a new energy improvement to a district member's eligible real property set forth in the program application submitted by the district member.
      
    (3) (a)  The district may levy a special assessment against eligible real property specially benefited by a new energy improvement based on the cost to the district of the new energy improvement. The district shall initiate the levy of any assessment by the adoption of a resolution of the board that sets the assessment, approves the preparation of a preliminary assessment roll, and sets a date for a public hearing regarding the assessment roll. The district shall prepare a preliminary assessment roll listing all special assessments to be levied. The district may post notice of the hearing on the assessment on any district internet web site and shall send notice that the assessment roll has been completed and notice of a hearing on the assessment roll no later than thirty days before the hearing date to:
      
    (I)  Each district member at the postal address or electronic mail address, or both if both are specified, specified in the member's program application; and
      
    (II)  Each person, by first-class mail or electronic mail, who has a lien against a unit of eligible real property listed on the assessment roll.
      
    (b)  The notice required by paragraph (a) of this subsection (3) shall specify:
      
    (I)  The amount of the special assessment proposed to be levied on the unit of eligible real property owned by the district member or subjected to a lien by the lienholder to whom the notice is sent;
      (II)  That any complaints or objections that are made by a district member or lienholder in writing to the board, and filed in writing on or prior to the date of the hearing, will be heard and determined by the board before the passage of any resolution levying a special assessment; and
      
    (III)  The date when and place where the hearing will be held at which complaints or objections made in person will be heard.
      
    (c)  Following the hearing required by paragraph (a) of this subsection (3) and notice pursuant to paragraphs (a) and (b) of this subsection (3), the board shall adopt a resolution resolving all complaints or objections made and levying the special assessments. A district member or lienholder whose complaint or objection is denied by the board shall have thirty days from the date of the denial to appeal the denial to a court of competent jurisdiction. Thereafter, the complaint or objection shall be perpetually barred.
      (4)  The board shall prepare or cause to be prepared a district assessment roll in book form showing in suitable columns each unit of eligible real property assessed, the total amount of assessment, the amount of each installment of principal and interest if the assessment is payable in installments, and the date when each installment will become due. The assessment roll shall have suitable columns for use in case of payment of the whole amount or of any installment or penalty. The board shall deliver the assessment roll, duly certified, under the corporate seal, for collection to the treasurer of each county in which the district has assessed eligible real property. After delivery of the assessment roll, the district may reduce the amount of any special assessment with the consent of the owner of the eligible real property on which the special assessment is levied.
      (5)  All special assessments shall be due and payable within thirty days after the effective date of the assessing resolution without demand, but all such assessments may be paid, at the election of the owner, in installments with interest as provided in subsection (6) of this section; except that the board may provide that special assessments be due and payable at such alternate time as set forth in the assessing resolution. Failure of a district member to pay the whole special assessment within said period of thirty days shall be conclusively considered and held to be an election on the part of the district member to pay in installments.
      (6)  In case of an election to pay in installments, the special assessments shall be payable in two or more installments of principal, which shall be payable as prescribed by the board over a period of not more than twenty years, with interest in all cases on the unpaid principal. The number and amounts of payment of installments, the period of payment, and the rate and times of payment of interest shall be determined by the board and set forth in the assessing resolution. The times of payment of installments shall be the same as the times of payment for installments of property taxes as specified in section 39-10-104.5 (2), C.R.S.; except that special assessments may be payable at such alternate times as provided by the board in the assessing resolution.
      (7)  Failure to pay any installment on special assessments, whether of principal or interest, when due shall give the district the right to declare the delinquent installments due and collectible immediately, and upon such a declaration the whole amount of the unpaid principal and accrued interest shall thereafter draw interest at the rate established pursuant to section 5-12-106 (2) and (3), C.R.S., until the day of sale. At any time prior to the day of sale, the district member may pay the amount of all unpaid installments, with interest at the penalty rate set by the assessing resolution, and all costs of collection accrued and shall thereupon be restored to the right thereafter to pay in installments in the same manner as if default had not been suffered. A district member not in default as to any installment or payment may, at any time, pay the whole of the unpaid principal with the interest accruing to the maturity of the next installment of interest or principal.
      (8) (a)  Payment of special assessments may be made to a county treasurer at any time within thirty days after the effective date of the assessing resolution, and the county treasurer shall promptly forward all special assessment payments received to the district. At the expiration of the thirty-day period, each county treasurer of a county that includes eligible real property in the district shall return the district assessment roll for the county to the board, therein showing all payments made thereon, with the date of each payment. The roll shall be certified by the board under the seal of the board and by the board delivered to each county treasurer, with the treasurer's warrant for its collection. The county treasurer shall receipt the roll, and all such rolls shall be numbered or identified by county for convenient reference.
      (b)  The owner of any divided or undivided interest in eligible real property assessed may pay the owner's share of any assessment, upon producing evidence of the extent of the owner's interest satisfactory to the treasurer having the roll in charge; except that the assessment lien shall remain on the entire property assessed until the entire assessment is paid, except as otherwise provided pursuant to section 32-20-107.
    32-20-107.  Special assessment constitutes lien - filing - sale of property for nonpayment.
     
    (1)  A special assessment, together with all interest thereon and penalties for default in payment thereof, and associated collection costs shall constitute, from the date of the recording of the assessing resolution and assessment roll pursuant to subsection (2) of this section, a perpetual lien in the amount assessed against the assessed eligible real property and shall have priority over all other liens; except that general tax liens shall have priority over district special assessment liens, and liens for assessments imposed by other governmental entities shall have coequal priority with district special assessment liens. Neither the sale of eligible real property in the district to enforce the payment of general ad valorem taxes nor the issuance of a treasurer's deed in connection with such a sale shall extinguish the lien of a special assessment. If eligible real property assessed is subdivided, the assessment lien may be apportioned by the board in such manner as may be provided in the assessing resolution.
      (2)  The district shall transmit to a county clerk and recorder of a county that includes eligible real property included in the district copies of the district's assessing resolution after its final adoption by the board and the assessment roll for recording on the land records of each unit of eligible real property assessed within the county as provided in article 30, 35, or 36 of title 38, C.R.S. The assessing resolution and assessment roll shall be indexed in the grantor index under the name of the district member and in the grantee index under the Colorado new energy improvement district. In addition, the county clerk and recorder shall file copies of the assessing resolution, after its final adoption by the board, and the assessment roll with the county assessor and the county treasurer. The county assessor is authorized to create separate schedules for each unit of eligible real property assessed within the county pursuant to the resolution.
      (3)  No delays, mistakes, errors, or irregularities in any act or proceeding authorized or required by this article shall prejudice or invalidate any final assessment, and such mistakes, errors, or irregularities may be remedied by subsequent filings, amending acts, or proceedings. A remedied assessment shall take effect as of the date of the original filing, act, or proceeding. If a court of competent jurisdiction sets aside any final assessment or if, for any other reason, the board determines it to be necessary to alter any final assessment, the board, upon notice as required in the making of an original assessment, may make a new assessment in accordance with the provisions of this article.
      (4) (a)  In case of default in the payment of any installment of principal or interest when due, the county treasurer shall advertise and sell the assessed eligible real property tax lien defaulted upon for the payment of the whole of the unpaid installment of principal and interest. Advertisements and sales shall be made at the same times, in the same manner, under all the same conditions and penalties, and with the same effect as provided by general law for sales of real estate tax liens in default of payment of the general property tax.
      (b)  At any sale by a county treasurer of any eligible real property for the purpose of paying a special assessment, the board may purchase the property for the district without paying for the property in cash and shall receive certificates of purchase for the property in the name of the district. The certificates shall be received and credited at their face value, with all interest and penalties accrued, on account of the assessment installment in pursuance of which the sale was made. The certificates may thereafter be sold by the board at their face value, with all interest and penalties accrued, and assigned to the purchaser in the name of the district. The proceeds of the sale shall be credited to the fund created by resolution for the payment of such assessments respectively. If the district has repaid all special assessment bonds in full, the certificates may be sold by the board for the best price obtainable at public sale, at auction, or by sealed bids in the same manner and under the same conditions as provided in paragraph (d) of this subsection (4). Such assignments shall be without recourse, and the sale and assignments shall operate as a lien in favor of the purchaser and assignee as is provided by law in the case of sale of real estate in default of payment of the general property tax.
      (c)  The board, as a purchaser, has the right to apply for tax deeds on certificates of purchase at any time after three years from the date of issuance of the certificates, and the deeds shall be issued as provided by law for issuance of tax deeds for the nonpayment of the general property tax.
      (d)  Cumulatively with all other remedies, the district, as the owner of property by virtue of a tax deed or of property otherwise acquired, in satisfaction or discharge of the liens represented by certificates of sale, may sell the property for the best price obtainable at public sale, at auction, or by sealed bids. A sale shall be held after public notice by the board to all persons having or claiming any interest in the eligible real property to be sold or in the proceeds of the sale by publication of the notice three times, a week apart, in a weekly or daily newspaper of general circulation within the county in which the property is located. The notice shall describe the property and state the time, place, and manner of receiving bids; except that the time fixed for the sale shall not be less than ten days after the last publication. The board may reject any and all bids. Any interested party, at any time within ten days after the receipt of bids for the sale of property, may file with the board a written protest as to the sufficiency of the amount of any bid made or the validity of the proceedings for the sale. If the protest is denied, the protestor, within ten days thereafter, shall commence an action in a court of competent jurisdiction to enjoin or restrain the board from completing the sale. If no such action is commenced, all protests or objections to the sale shall be waived, and the board shall then convey the property to the successful bidder by quitclaim deed.
      (e)  In addition to all other remedies, the district, as a holder of certificates of purchase, may bring a civil action for foreclosure thereof in accordance with article 38 of title 38, C.R.S., joining as defendants all persons holding record title, persons occupying or in possession of the property, persons having or claiming any interest in the property or in the proceeds of a foreclosure sale, all governmental taxing units having taxes or other claims against the property, and all unknown persons having or claiming any interest in the property. Any number of certificates may be foreclosed in the same proceeding. In such a proceeding, the district, as plaintiff, is entitled to all relief provided by law in actions for an adjudication of rights with respect to real property, including actions to quiet title.
      (f)  The proceeds of any sale of property shall be credited to the appropriate special assessment fund. The district shall deduct therefrom the necessary expenses in securing deeds and taking proceedings for the sale or foreclosure.
      (5)  When the district has sold or conveyed at a fair market value certificates of purchase or property that the district has acquired in satisfaction or discharge of special assessment liens, the sales and conveyances are hereby validated and confirmed as against all parties having or claiming any interest in the property or sale proceeds.  
    32-20-108.  Special assessment bonds - legal investment - exemption from taxation.
      (1)  The district shall issue special assessment bonds in an aggregate principal amount of not more than eight hundred million dollars for the purpose of generating the moneys needed to make reimbursement or a direct payment to district members and to pay other costs of the district. The bonds shall be issued pursuant to a resolution of the board or a trust indenture, shall not be secured by an encumbrance, mortgage, or other pledge of real or personal property of the district, and shall be payable from special assessments and any other lawfully pledged district revenues unless the bond resolution or trust indenture specifically limits the source of district revenues from which the bonds are payable. The bonds shall not constitute a debt or other financial obligation of the state. The board may adopt one or more resolutions creating special assessment units comprised of multiple units of eligible real property on which the board has levied a special assessment and may issue special assessment bonds payable from special assessments imposed within the entire district or from special assessments imposed only within one or more specified special assessment units.
      (2)  Bonds may be executed and delivered at such times; may be in such form and denominations and include such terms and maturities; may be subject to optional or mandatory redemption prior to maturity with or without a premium; may be in fully registered form or bearer form registrable as to principal or interest or both; may bear such conversion privileges; may be payable in such installments and at such times not exceeding twenty years from the date thereof; may be payable at such place or places whether within or without the state; may bear interest at such rate or rates per annum, which may be fixed or vary according to index, procedure, or formula or as determined by the district without regard to any interest rate limitation appearing in any other law of the state; may be subject to purchase at the option of the holder or the district; may be evidenced in such manner; may be executed by such officers of the district, including the use of one or more facsimile signatures so long as at least one manual signature appears on the bonds, which may be either of the chair of the board or of an agent of the district authenticating the same; may be in the form of coupon bonds that have attached interest coupons bearing a manual or facsimile signature of the chair or the agent; and may contain such provisions not inconsistent with this article, all as provided in the resolution of the board under which the bonds are authorized to be issued or as provided in a trust indenture between the district and any bank or trust company having full trust powers.
      (3)  Bonds may be sold at public or private sale at such price or prices, in such manner, and at such times as determined by the district, and the district may pay all fees, expenses, and commissions that it deems necessary or advantageous in connection with the sale of the bonds. The power to fix the date of sale of the bonds, to receive bids or proposals, to award and sell bonds, to fix interest rates, and to take all other action necessary to sell and deliver the bonds may be delegated to an officer or agent of the district. Any outstanding bonds may be refunded by the district pursuant to article 56 of title 11, C.R.S. All bonds and any interest coupons applicable thereto are declared to be negotiable instruments.
      (4)  The resolution or a trust indenture authorizing the issuance of the bonds may pledge all or a portion of any special fund created by the district, may contain such provisions for protecting and enforcing the rights and remedies of holders of any of the bonds as the district deems appropriate, may set forth the rights and remedies of the holders of any of the bonds, and may contain provisions that the district deems appropriate for the security of the holders of the bonds, including, but not limited to, provisions for letters of credit, insurance, standby credit agreements, or other forms of credit ensuring timely payment of the bonds, including the redemption price or the purchase price. The resolution or trust indenture shall contain a provision that states that the bonds do not constitute a debt or other financial obligation of the state, and the same or a similar provision shall also appear on the bonds.
      (5)  Any pledge of moneys or other property made by the district or by any person or governmental unit with which the district contracts shall be valid and binding from the time the pledge is made. The moneys or other property so pledged shall immediately be subject to the lien of the pledge without any physical delivery or further act, and the lien of the pledge shall be valid and binding against all parties having claims of any kind in tort, contract, or otherwise against the pledging party regardless of whether the claiming party has notice of the lien. The instrument by which the pledge is created need not be recorded or filed.
      (6)  No member of the board, employee, officer, or agent of the district, or other person executing bonds shall be liable personally on the bonds or subject to any personal liability by reason of the issuance thereof.
      (7)  The district may purchase its bonds out of any available moneys and may hold, pledge, cancel, or resell such bonds subject to and in accordance with agreements with the holders thereof.
      (8)  The state hereby pledges and agrees with the holders of any bonds and with those parties who enter into contracts with the district pursuant to this article that the state will not limit, alter, restrict, or impair the rights vested in the district or the rights or obligations of any person with which the district contracts to fulfill the terms of any agreements made pursuant to this article. The state further agrees that it will not in any way impair the rights or remedies of the holders of bonds until the bonds have been paid or until adequate provision for payment has been made. The district may include this provision and undertaking for the district in its bonds.
      (9)  Banks, trust companies, savings and loan associations, insurance companies, executors, administrators, guardians, trustees, and other fiduciaries may legally invest any moneys within their control in any bonds issued under this article. Public entities, as defined in section 24-75-601 (1), C.R.S., may invest public funds in bonds only if the bonds satisfy the investment requirements established in part 6 of article 75 of title 24, C.R.S.
      (10)  Bonds shall be exempt from all taxation and assessments in the state. In the resolution or indenture authorizing bonds, the district may waive the exemption from federal income taxation for interest on the bonds. Bonds shall be exempt from the provisions of article 51 of title 11, C.R.S. The board may elect to apply any or all of the provisions of the "Supplemental Public Securities Act", part 2 of article 57 of title 11, C.R.S.  
    32-20-109.  Credit towards demand-side management goals for public utilities.
     
    For any gas utility or electric utility for which the public utilities commission has developed expenditure and natural gas savings targets pursuant to section 40-3.2-103, C.R.S., or established energy saving and peak demand reduction goals pursuant to section 40-3.2-104, C.R.S., the commission shall determine the extent to which the marketing, promotional, and other efforts of the utility have contributed to energy efficiency improvements funded by the district. To the extent that the commission finds that the utility's efforts have created energy savings, the commission shall allow the utility to count the related energy savings towards compliance with the gas utility's expenditure and natural gas savings targets or with the electric utility's energy savings and peak demand reduction goals, as applicable, using any method deemed appropriate by the commission.  
    32-20-110.  Repeal of article - inapplicable if the district has outstanding bond obligations.
     
    (1)  Except as otherwise provided in subsection (2) of this section, this article is repealed, effective January 1, 2016.
      
    (2)  In accordance with section 32-20-108 (8), this article shall not be repealed as provided in subsection (1) of this section if the district has issued bonds that have not been repaid in full as of January 1, 2016. However, the district shall not accept any new application for the program or issue any additional bonds on or after January 1, 2016.

  22. 39-1-102 (1.1)  "Agricultural and livestock products" means plant or animal products in a raw or unprocessed state which are derived from the science and art of agriculture.  "Agriculture", for the purposes of this subsection (1.1), means farming, ranching, animal husbandry, and horticulture.  Effective July 1, 2013, "agriculture" includes silviculture.

  23. 39-1-102.  Definitions.
    As used in articles 1 to 13 of this title, unless the context otherwise requires:
      
    (1.6) (a)  "Agricultural land", whether used by the owner of the land or a lessee, means one of the following:
      (III)  A parcel of land that consists of at least eighty acres, or of less than eighty acres if such parcel does not contain any residential improvements, and that is subject to a perpetual conservation easement, if such land was classified by the assessor as agricultural land under subparagraph (I) or (II) of this paragraph (a) at the time such easement was granted, if the grant of the easement was to a qualified organization, if the easement was granted exclusively for conservation purposes, and if all current and contemplated future uses of the land are described in the conservation easement. "Agricultural land" under this subparagraph (III) does not include any portion of such land that is actually used for nonagricultural commercial or nonagricultural residential purposes.

  24. 39-1-102.  Definitions.
    As used in articles 1 to 13 of this title, unless the context otherwise requires:
      
    (6.3)  "Improvements" means all structures, buildings, fixtures, fences, and water rights erected upon or affixed to land, whether or not title to such land has been acquired.
      
    (6.8)  "Independently owned residential solar electric generation facility" means personal property that:
      
    (a)  Is located on residential real property;
      (b)  Is owned by a person other than the owner of the residential real property;
      
    (c)  Is installed on the customer's side of the meter;
      
    (d)  Is used to produce electricity from solar energy primarily for use in the residential improvements located on the residential real property; and
      
    (e)  Has a production capacity of no more than one hundred kilowatts.
      
    (7)  "Improvements" means all structures, buildings, fixtures, fences, and water rights erected upon or affixed to land, whether or not title to such land has been acquired.
      
    (11)  "Personal property" means everything that is the subject of ownership and that is not included within the term "real property". "Personal property" includes machinery, equipment, and other articles related to a commercial or industrial operation that are either affixed or not affixed to the real property for proper utilization of such articles. Except as otherwise specified in articles 1 to 13 of this title, any pipeline, telecommunications line, utility line, cable television line, or other similar business asset or article installed through an easement, right-of-way, or leasehold for the purpose of commercial or industrial operation and not for the enhancement of real property shall be deemed to be personal property, including, without limitation, oil and gas distribution and transmission pipelines, gathering system pipelines, flow lines, process lines, and related water pipeline collection, transportation, and distribution systems. Structures and other buildings installed on an easement, right-of-way, or leasehold that are not specifically referenced in this subsection (11) shall be deemed to be improvements pursuant to subsection (7) subsection (6.3) of this section.

  25. 39-1-103.  Actual value determined - when.
    (5) (a)  All real and personal property shall be appraised and the actual value thereof for property tax purposes determined by the assessor of the county wherein such property is located. The actual value of such property, other than agricultural lands exclusive of building improvements thereon and other than residential real property and other than producing mines and lands or leaseholds producing oil or gas, shall be that value determined by appropriate consideration of the cost approach, the market approach, and the income approach to appraisal. The assessor shall consider and document all elements of such approaches that are applicable prior to a determination of actual value. Despite any orders of the state board of equalization, no assessor shall arbitrarily increase the valuations for assessment of all parcels represented within the abstract of a county or within a class or subclass of parcels on that abstract by a common multiple in response to the order of said board. If an assessor is required, pursuant to the order of said board, to increase or decrease valuations for assessment, such changes shall be made only upon individual valuations for assessment of each and every parcel, using each of the approaches to appraisal specified in this paragraph (a), if applicable. The actual value of agricultural lands, exclusive of building improvements thereon, shall be determined by consideration of the earning or productive capacity of such lands during a reasonable period of time, capitalized at a rate of thirteen percent. Land that is valued as agricultural and that becomes subject to a perpetual conservation easement shall continue to be valued as agricultural notwithstanding its dedication for conservation purposes; except that, if any portion of such land is actually used for nonagricultural commercial or nonagricultural residential purposes, that portion shall be valued according to such use. Nothing in this subsection (5) shall be construed to require or permit the reclassification of agricultural land or improvements, including residential property, due solely to subjecting the land to a perpetual conservation easement. The actual value of residential real property shall be determined solely by consideration of the market approach to appraisal. A gross rent multiplier may be considered as a unit of comparison within the market approach to appraisal. The valuation for assessment of producing mines and of lands or leaseholds producing oil or gas shall be determined pursuant to articles 6 and 7 of this title.

  26. 39-1-113.  Abatement and refund of taxes.
    (1.5)  Upon being authorized authorization by the board of county commissioners, the assessor may review petitions for abatement or refund and settle by written mutual agreement any such petition for abatement or refund in an amount of one thousand ten thousand dollars or less per tract, parcel, or lot of land or per schedule of personal property. Any abatement or refund agreed upon and settled pursuant to this subsection (1.5) shall not be subject to the requirements of subsection (1) of this section.
      
    (2) (a)  Whenever any abatement or refund in an amount of one thousand ten thousand dollars or less is recommended by the board of county commissioners, the board shall order the abatement of taxes pro rata for all levies applicable to such property, or, in the case of a refund, the board shall order the refund of taxes pro rata by all jurisdictions receiving payment thereof.
      (b)  Whenever any abatement or refund in an amount of one thousand ten thousand dollars or less has been agreed upon and settled by the assessor pursuant to subsection (1.5) of this section, the assessor shall order the abatement of taxes pro rata for all levies applicable to such property, or, in the case of a refund, the assessor shall order the refund of taxes pro rata by all jurisdictions receiving payment thereof.
      (3)  Whenever any abatement or refund in an amount in excess of one thousand ten thousand dollars is recommended by the board of county commissioners, two copies of an application therefor, reciting the amount of such abatement or refund and the grounds upon which it should be allowed, shall be submitted to the administrator for review pursuant to section 39-2-116. If an application is approved, the board of county commissioners shall order the abatement of taxes pro rata for all levies applicable to such property, or, in the case of a refund, the board of county commissioners shall order the refund of taxes pro rata by all jurisdictions receiving payment thereof.

  27. 39-1-122.  Interim task force to study property tax assessment - classification - land used for agricultural and other purposes - 2010 interim - legislative declaration - repeal.
    (1)  The general assembly hereby finds, determines, and declares that:
      (a)  It is within the power of the general assembly and section 3 of article X of the state constitution to classify property for purposes of taxation;
      (b)  The touchstone of property classification in Colorado is actual use of the property at the time of assessment;
      
    (c)  Property may be used for more than one purpose and, therefore, raise competing considerations as to the manner in which it should be classified;
      
    (d)  An agricultural classification means that the actual value of a property is based on its productive capacity rather than its market value and it is assessed for taxation at twenty-nine percent of its actual value, as with all other nonresidential property;
      
    (e)  A residential classification means that the actual value of a property is based on its market value, which may result in a higher taxable value even though it is assessed for taxation at less than eight percent of its actual value;
      
    (f)  Property actively used for agricultural purposes should be protected against excessive property valuation and taxation, but agricultural classification that benefits property not actively used for agricultural operations should be reevaluated;
      (g)  The implementation of a new classification methodology in Colorado could affect the distribution of the property tax burden and the calculation of the residential assessment rate; and
      (h)  It is important to consider how any change in Colorado's system of property taxation will affect the distribution of the property tax burden among taxpayers and how it will interact with other Colorado laws.
      (2) (a)  There is hereby created the land assessment and classification task force, referred to in this section as the "task force", which shall meet during the interim after the second regular session of the sixty-seventh general assembly to study assessment and classification of agricultural and residential land, report its findings and recommendations, and, if appropriate, propose statutory modifications to ensure that land is valued based on its actual use.
      (b)  The members of the task force shall consist of the following nine members:
      (I)  The property tax administrator or the administrator's designee;
      (II)  Four members who are owners or lessees of real property that is currently assessed as agricultural land and who are actively involved in either farming or ranching, appointed by the commissioner of agriculture;
      (III)  Two county commissioners, one from each side of the continental divide, appointed by a statewide organization representing county commissioners; and
      (IV)  Two county assessors, one from each side of the continental divide and from counties other than the counties represented pursuant to subparagraph (III) of this paragraph (b), to be appointed by a statewide organization representing county assessors.
      (c)  All appointments to the task force shall be made on or before June 15, 2010.
      (3) (a)  The task force shall study, make recommendations, and report findings on all matters relating to property tax assessment and classification in connection with land used for both agricultural and residential purposes, including, without limitation, the current system for classification of agricultural and residential property in Colorado, the fiscal, land use, and other impacts of the state's current classification system, and ideas for improving the current classification system.
      (b)  The task force shall submit a written report of its findings and recommendations to the local government and agriculture committees of the senate and house of representatives by October 15, 2010. Upon request of a member of the task force, summaries of dissenting opinions shall be prepared and attached to the final report of findings and recommendations.
      (4) (a)  The task force shall meet at least four times, with the first meeting occurring no later than August 2, 2010.
      (b)  Meetings of the task force shall be public meetings.
      (5)  The task force shall solicit and accept reports and public testimony and may request other sources, including but not limited to the national conference of state legislatures, representatives from state and local government, property owners, nonprofit organizations, and appropriate trade groups, to provide testimony, written comments, and other relevant data to the task force.
      (6)  Members of the task force shall serve without compensation and shall not be entitled to reimbursement for expenses.
      (7)  This section is repealed, effective July 1, 2012.

  28. 39-2-117.  Applications for exemption - review - annual reports - procedures - rules.
      (1) (a) (I)  Every application filed on or after January 1, 1990, claiming initial exemption of real and personal property from general taxation pursuant to the provisions of sections 39-3-106 to 39-3-113 and 39-3-116 shall be made on forms prescribed and furnished by the administrator, shall contain such information as specified in paragraph (b) of this subsection (1), and shall be signed by the owner of such property or his or her authorized agent under the penalty of perjury in the second degree and, except as otherwise provided in this paragraph (a), shall be accompanied by a payment of one hundred fifty dollars one hundred seventy-five dollars, which shall be credited to the property tax exemption fund created in subsection (8) of this section. The administrator shall examine and review each application submitted, and, if it is determined that the exemption therein claimed is justified and in accordance with the intent of the law, the exemption shall be granted, the same to be effective upon such date in the year of application as the administrator shall determine, but in no event shall the exemption apply to any year prior to the year preceding the year in which application is made. The decision of the administrator shall be issued in writing and a copy thereof furnished to the applicant and to the assessor, treasurer, and board of county commissioners of the county in which the property is located.
      
    (3) (a) (I)  On and after January 1, 1990, and no later than April 15 of each year, every owner of real or personal property for which exemption from general taxation has previously been granted shall file a report with the administrator upon forms furnished by the division, containing such information relative to the exempt property as specified in paragraph (b) of this subsection (3), and signed under the penalty of perjury in the second degree. Each such annual report shall be accompanied by a payment of fifty-three dollars seventy-five dollars, which shall be credited to the property tax exemption fund created in subsection (8) of this section. Each such annual report filed later than April 15, but prior to July 1, shall be accompanied by a late filing fee of one hundred fifty dollars two hundred fifty dollars; except that the administrator shall have the authority to waive all or a portion of the late filing fee for good cause shown as determined by the administrator by rules adopted pursuant to paragraph (b) of subsection (7) of this section. On and after January 1, 1990, every owner of real or personal property for which exemption from general taxation has previously been granted pursuant to the provisions of section 39-3-111 and that is used for any purpose other than the purposes specified in sections 39-3-106 to 39-3-113 for less than two hundred eight hours during the calendar year or if the use of the property for such purposes results in annual gross rental income to such owner of less than ten thousand dollars shall not be required to file any annual report pursuant to the provisions of this subsection (3). In order to claim such exemption, in lieu of such annual report, the owner shall annually file with the administrator a declaration stating that the property is used for such purposes for less than two hundred eight hours during the calendar year or such use results in annual gross rental income to the owner of less than ten thousand dollars.
      
    (III)  In the event an annual report is not received by June 1 from an owner of real or personal property for which an exemption was granted for the previous year pursuant to the provisions of section 39-3-106 or 39-3-106.5, the administrator shall give notice in writing to such property owner by June 15 that failure to file a delinquent report during a twelve-month period commencing the following July 1 shall operate as the forfeiture of any right to claim exemption of previously exempt property from general taxation for the year in which such notice is given. Upon the filing of the delinquent annual report, a late filing fee of one hundred fifty dollars two hundred fifty dollars shall be paid, which shall be credited to the property tax exemption fund created in subsection (8) of this section; except that the administrator shall have the authority to waive all or a portion of the late filing fee for good cause shown as determined by the administrator by rules adopted pursuant to paragraph (b) of subsection (7) of this section. Failure to file the delinquent annual report within the twelve-month period shall result in the forfeiture of any right to claim exemption of such property from general taxation for the year in which such failure to file the annual report first occurred. The administrator shall review each report filed to determine if the property continues to qualify for exemption, and, if it is determined that the property does not so qualify, the owner of the property shall be notified in writing of the disqualification, and the assessor, treasurer, and board of county commissioners of the county in which the property is located shall also be so notified.
      (7)  The administrator shall adopt rules and regulations to implement the provisions of this section pursuant to the provisions of article 4 of title 24, C.R.S., including any rules necessary to specify what shall qualify as "good cause shown" for purposes of waiving all or a portion of the late filing fees specified in subparagraphs (I) and (III) of paragraph (a) of subsection (3) of this section.

  29. 39-3-102 Household furnishings - exemption. (1)  Household furnishings, including free-standing household appliances, wall-to-wall carpeting, an independently owned residential solar electric generation facility, and security devices and systems which that are not used for the production of income at any time shall be exempt from the levy and collection of property tax. If any household furnishings are used for the production of income for any period of time during the taxable year, such household furnishings shall be taxable for the entire taxable year. An independently owned residential solar electric generation facility shall not be considered to be used for the production of income unless the facility produces income for the owner of the residential real property on which the facility is located. For property tax purposes only, rebates, offsets, credits, and reimbursements specified in section 40-2-124, C.R.S., shall not constitute the production of income. For purposes of this subsection (1), for property tax purposes only, security devices and systems shall include, but shall not be limited to, security doors, security bars, and alarm systems

  30. 39-3-203 Property tax exemption - qualifications. (1)  For the property tax year commencing January 1, 2002, for property tax years commencing on or after January 1, 2006, but before January 1, 2009, and for property tax years commencing on or after January 1, 2010 January 1, 2012, fifty percent of the first two hundred thousand dollars of actual value of residential real property that as of the assessment date is owner-occupied and is used as the primary residence of the owner-occupier shall be exempt from taxation, and for property tax years commencing on or after January 1, 2003, but before January 1, 2006, and on or after January 1, 2009, but before January 1, 2010 January 1, 2012, fifty percent of zero dollars of actual value of residential real property that as of the assessment date is owner-occupied and is used as the primary residence of the owner-occupier shall be exempt from taxation if:

  31. 39-4-101. Definitions.
    As used in this article, unless the context otherwise requires:
      (2.3)  "Biomass energy facility" means a new facility first placed in production on or after January 1, 2010, that uses real and personal property, including leaseholds and easements, to generate and deliver to the interconnection meter any source of electrical or mechanical energy by combusting only biomass or biosolids derived from the treatment of wastewater and that is not primarily designed to supply electricity for consumption on site.
       (2.4)  "Geothermal energy facility" means a new facility first placed in production on or after January 1, 2010, that uses real and personal property, including but not limited to leaseholds and easements, to generate and deliver to the interconnection meter any source of electrical or mechanical energy by harnessing the heat energy of groundwater or the ground and that is not primarily designed to supply electricity for consumption on site.
    (3) (a)  "Public utility" means, for property tax years commencing on or after January 1, 1987, every sole proprietorship, firm, limited liability company, partnership, association, company, or corporation, and the trustees or receivers thereof, whether elected or appointed, that does business in this state as a railroad company, airline company, electric company, biomass energy facility, geothermal energy facility, small or low impact hydroelectric energy facility, wind energy facility, solar energy facility, rural electric company, telephone company, telegraph company, gas company, gas pipeline carrier company, domestic water company selling at retail except nonprofit domestic water companies, pipeline company, coal slurry pipeline, or private car line company.
      (b)  On and after January 1, 2000 2010, for purposes of this article, "public utility" shall not include any affiliate or subsidiary of a sole proprietorship, firm, limited liability company, partnership, association, company, or corporation of any type of company described in paragraph (a) of this subsection (3) that is not doing business in the state primarily as a railroad company, airline company, electric company, biomass energy facility, geothermal energy facility, small or low impact hydroelectric energy facility, wind energy facility, solar energy facility, rural electric company, telephone company, telegraph company, gas company, gas pipeline carrier company, domestic water company selling at retail except nonprofit domestic water companies, pipeline company, coal slurry pipeline, or private car line company. Valuation and taxation of any such affiliate or subsidiary of a public utility as defined in paragraph (a) of this subsection (3) shall be assessed pursuant to article 5 of this title.
    (3.3) (a)  "Small or low impact hydroelectric energy facility" means a new facility first placed in production on or after January 1, 2010, that uses real and personal property, including but not limited to leaseholds and easements, to generate and deliver to the interconnection meter any source of electrical or mechanical energy by harnessing the kinetic energy of water, that is not primarily designed to supply electricity for consumption on site, and that is:
      (I)  A new facility that is a small facility that has a nameplate rating of ten megawatts or less; or
      (II)  A new facility that has a nameplate rating of more than ten megawatts and that:
      
    (A)  Is an addition to water infrastructure such as a reservoir, a ditch, or a pipeline that existed before January 1, 2010;
      (B)  Does not result in any change in the quantity or timing of diversions or releases for purposes of peak power generation;
      (C)  Includes measures to prevent fish mortality In facilities on on-stream reservoirs and natural waterways; and
      (D)  Does not cause any violation of state water quality standards when operated; or
      (III)  A new facility that has a nameplate rating of more than ten megawatts and that:
      (A)  Is placed into production as part of new water infrastructure such as a reservoir, a ditch, or a pipeline constructed on or after January 1, 2010, and operated for primary beneficial uses of water other than solely for production of electricity;
      (B)  Includes measures to prevent fish mortality in facilities on reservoirs and natural waterways; and
      (C)  Does not cause any violation of state water quality standards when operated.
      (b)  For purposes of this subsection (3.3), "new facility" includes a combined facility that is a combination of a facility placed in production before January 1, 2010, that uses real and personal property to generate and deliver to the interconnection meter any source of electric or mechanical energy by harnessing the kinetic energy of water and that is not primarily designed to supply energy for consumption on site and an addition or energy efficiency improvement to the facility first placed in production on or after January 1, 2010, if the addition or efficiency improvement increases the electrical or mechanical energy-producing capacity of the combined facility by at least twenty-five percent over the capacity of the facility placed in production before January 1, 2010, alone.

  32. 39-4-102 Valuation of public utilities.
    (1)  The administrator shall determine the actual value of the operating property and plant of each public utility as a unit, giving consideration to the following factors and assigning such weight to each of such factors as in the administrator's judgment will secure a just value of such public utility as a unit:
      
    (e)
    (I)  When determining the actual value of a renewable energy facility that primarily produces more than two megawatts of alternating current electricity, the administrator shall:
      
    (A)  Consider the additional incremental cost per kilowatt of the construction of the renewable energy facility over that of the construction cost of a comparable nonrenewable energy facility, inclusive of the cost of all property required to generate and deliver energy to the interconnection meter, that primarily produces alternating current electricity to be an investment cost and shall not include such additional incremental cost in the valuation of the facility; and
      (1.5)  The administrator shall determine the actual value of a wind energy facility or a solar energy facility as follows:
      (b) (IV)  As used in this paragraph (b), "tax factor" means a factor annually established by the administrator. The tax factor shall be a number that when applied to the selling price at the interconnection meter results in approximately the same tax revenue over a twenty-year period on a nominal dollar basis that would have been collected using the cost basis method of taxation as determined by the administrator for a renewable energy facility pursuant to paragraph (e) of subsection (1) of this section. For a renewable energy facility that begins generating energy before January 1, 2012, the administrator shall include only the cost of all property required to generate and deliver renewable energy to the interconnection meter that does not exceed the cost of property required to generate nonrenewable energy. For a renewable energy facility that begins generating energy on or after January 1, 2012, the administrator shall include only the cost of all property required to generate and deliver renewable energy to the interconnection meter that does not exceed the cost of property required to generate and deliver nonrenewable energy to the interconnection meter.
    (II)  For purposes of this paragraph (e), "renewable energy" has the meaning provided in section 40-1-102 (11), C.R.S., but shall not include energy generated from a biomass energy facility, a geothermal energy facility, a small or low impact hydroelectric energy facility, a wind energy facility, or a solar energy facility.
      (1.5)  The administrator shall determine the actual value of a biomass energy facility, a geothermal energy facility, a small or low impact hydroelectric energy facility, a wind energy facility, or a solar energy facility as follows:
      (a)  The general assembly hereby declares that consideration by the administrator of the cost approach and market approach to the appraisal of a wind energy facility or a solar energy facility results in valuations that are neither uniform nor just and equal because of wide variations in the production of energy from wind turbines and solar energy devices, as defined in section 38-32.5-100.3 (2), C.R.S., because of the uncertainty of wind and sunlight available for energy production, and because constructing a wind energy facility or a solar energy facility is significantly more expensive than constructing any other utility production facility. The general assembly further declares that it is also appropriate to value biomass energy facilities, geothermal energy facilitIES,  and small or low impact hydroelectric energy facilities, which also have high construction costs relative to their ongoing operational costs, using the income approach. Therefore, in the absence of preponderant evidence shown by the administrator that the use of the cost approach and market approach results in uniform and just and equal valuation, a biomass energy facility, a geothermal energy facility, a small or low impact hydroelectric energy facility, awind energy facility, or a solar energy facility shall be valued based solely upon the income approach.  
     
    (b) (I)  The actual value of a biomass energy facility, a geothermal energy facility, a small or low impact hydroelectric energy facility, awind energy facility, or a solar energy facility shall be at an amount equal to a tax factor times the selling price at the interconnection meter.
      (V)  For purposes of calculating the tax factor as required in subparagraph (IV) of this paragraph (b), an owner or operator of a biomass energy facility, a geothermal energy facility, a small or low impact hydroelectric energy facility, a wind energy facility, or a solar energy facility shall provide a copy of the biomass energy facility's, geothermal energy facility's, small or low impact hydroelectric energy facility's, wind energy facility's, or solar energy facility's current power purchase agreement to the administrator by April 1 of each assessment year. The administrator shall also have the authority to request a copy of the current power purchase agreement from the purchaser of power generated at a biomass energy facility, a geothermal energy facility, a small or low impact hydroelectric energy facility, a wind energy facility, or a solar energy facility. All agreements provided to the administrator pursuant to this subparagraph (V) shall be considered private documents and shall be available only to the administrator and the employees of the division of property taxation in the department of local affairs.
      (c)  The location of a biomass energy facility, a geothermal energy facility, a small or low impact hydroelectric energy facility, a wind energy facility, or a solar energy facility on real property shall not affect the classification of that real property for purposes of determining the actual value of that real property as provided in section 39-1-103.
      (d)  Pursuant to section 39-3-118.5, no actual value for any personal property used in a biomass energy facility, a geothermal energy facility, a small or low impact hydroelectric energy facility, awind energy facility, or a solar energy facility shall be assigned until the personal property is first put into use by the facility. If any item of personal property is used in the facility and is subsequently taken out of service so that no biomass energy, geothermal energy, small or low impact hydroelectric energy, wind energy, or solar energy is produced from that facility for the preceding calendar year, no actual value shall be assigned to that item of more than five percent of the installed cost of the item for that assessment year.

  33. 39-5-104.7 Valuation of real and personal property that produces alternating current electricity from a renewable energy source.
    (1) (b)  The valuation requirements specified in paragraph (a) of this subsection (1) shall not apply to biomass energy facilities, geothermal energy facilities, small or low impact hydroelectric energy facilities, as defined in section 39-4-101 (2.7), solar energy facilities, as defined in section 39-4-101 (3.5), or wind energy facilities, as those terms are defined in section 39-4-101. (4).

  34. 39-5-121. Notice of valuation - legislative declaration.
    (1.7)  
    Notwithstanding any other provision of law, a taxpayer may request to receive by electronic transmission the notices of valuation required by subsections (1) and (1.5) of this section. The taxpayer shall submit along with the request an electronic address to which the assessor may send future notices of valuation. The assessor, upon receipt of such request by a taxpayer to receive notices of valuation electronically, may send all future notices of valuation by electronic transmission to the electronic address supplied by the taxpayer; except that, if a taxpayer subsequently requests to cease the electronic transmission of such notices and requests to receive future notices of valuation by mail, the assessor shall comply with the request. Failure of a taxpayer to receive the electronic notice of valuation shall not preclude collection by the treasurer of the amount of taxes due from and payable by the taxpayer.

  35. 39-8-109 Effects of board of assessment appeals or district court decision.
    (1)  If upon appeal the appellant is sustained, in whole or in part, then the appellant shall provide a copy of the order or judgment of the board of assessment appeals or district court, as the case may be, to the county assessor. If the order or judgment has been appealed, then the appellant shall present to the county assessor a copy of the original order or judgment of the board of assessment appeals or district court and copies of all further decisions of the board of assessment appeals, district court, court of appeals, and supreme court. Upon presentation to the treasurer by the county assessor of a copy of the order or judgment of the board of assessment appeals or district court, as the case may be, and, if the case has been appealed, copies of all further decisions of the board of assessment appeals, district court, court of appeals, and supreme court, modifying the valuation for assessment of the property, the appellant, identified as the petitioner or plaintiff on the order or judgment of the board of assessment appeals or district court, shall forthwith receive the appropriate refund of taxes and delinquent interest thereon, together with refund interest at the same rate as delinquent interest as specified in section 39-10-104.5. and a refund of costs in said court or board of assessment appeals, as the case may be, including the fees of the appellant's witnesses, in such amount as may be fixed by the court or board of assessment appeals, as the case may be. Such refund interest shall only accrue from the date on which payment of taxes and delinquent interest thereon was received by the treasurer. Such refund shall be paid to the appellant even if the appellant is not the current owner of the property. If the order or judgment of either such court or board of assessment appeals is for the county, then the county shall recover costs from the appellant in such amount as may be fixed by the court or board of assessment appeals, as the case may be The appellant and the county shall each be responsible for their respective costs in said court or board of assessment appeals, as the case may be.

  36. 39-10-103. Tax statement.
    (1) (a)  As soon as practicable after January 1, the treasurer shall, at the treasurer's discretion, mail or send electronic notification to each person whose name appears on the tax list and warrant a statement or true and actual notice of electronic statement availability, as applicable, showing the total amount of taxes payable by such person, which statement shall separately list the amount of taxes levied on real and personal property and shall recite the actual value of the property and the amount of valuation for assessment upon which such taxes were levied. If any of the personal property upon which taxes are to be levied is a mobile home, the tax statement shall contain the following notice: "This property may not be moved without a valid permit or prorated tax receipt and a transportable manufactured home permit from the county treasurer's office. Violators shall be prosecuted." Failure of any person to receive such statement or true and actual notice of an electronic statement, as applicable, shall not preclude collection by the treasurer of the amount of taxes due from and payable by such person. Such statement shall include a notice that, if such person desires a receipt for payment of taxes, the person shall request such receipt. The statement may also state what each mill levy would have been for each taxing district for the prior tax year based upon the current year's valuation for assessment.
      
    (4)  Notwithstanding any other provision of law, a taxpayer may request to receive by electronic transmission the statement required by subsection (1) of this section. The taxpayer shall submit along with the request an electronic address to which the treasurer may send future statements. The treasurer, upon receipt of such request by a taxpayer to receive statements electronically, may send all future statements by electronic transmission to the electronic address supplied by the taxpayer; except that, if a taxpayer subsequently requests to cease the electronic transmission of such statements and requests to receive future statements by mail, the treasurer shall comply with the request. Failure of a taxpayer to receive the electronic statement shall not preclude collection by the treasurer of the amount of taxes due from and payable by the taxpayer.

  37. 39-10-104.5.  Payment dates - optional payment dates - failure to pay - delinquency.
    (3) (a)  If the first installment is not paid on or before the last day of February, then delinquent interest on the first installment shall accrue at the rate of one percent per month from the first day of March until the date of payment; except that, if payment of the first installment is made after the last day of February but not later than thirty days after the mailing by the treasurer of the tax statement, or true and actual notification of an electronic statement, pursuant to section 39-10-103 (1) (a), no such delinquent interest shall accrue. If the second installment is not paid by the fifteenth day of June, delinquent interest on the second installment shall accrue at the rate of one percent per month from the sixteenth day of June until the date of payment. Interest on the first installment shall continue to accrue at the same time that interest is accruing on the unpaid portion of the second installment. The taxpayer shall continue to have the option of paying delinquent property taxes in two equal installments until one day prior to the sale of the tax lien on such property pursuant to article 11 of this title.

  38. 39-10-104.5 Payment dates - optional payment dates - failure to pay - delinquency.
    (8)  Any payment under this section shall be deemed received by the treasurer on the date that the installment or full payment, including any penalties or fees due, is actually received in the treasurer's office, and actual receipt will be presumed as of the date of the United States postal service postmark. Postage meter postmarks must be accompanied by a United States postal service postmark if not received on or before the due date. Where a payment is received through the mail or a common carrier but has no United States postal service postmark and the payment is actually received in the treasurer's office no later than five days after the due date, the treasurer shall record the date of payment as the due date of the payment. Where the payment is received through the mail or a common carrier but has no United States postal service postmark and the payment is actually received in the treasurer's office six or more days after the due date, the treasurer shall record the date of payment as the date the payment was received. If the date for filing any tax return or remittance falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day.

  39. 42-3-106 Tax imposed - classification - taxable value.
    (2)  For the purpose of imposing graduated annual specific ownership taxes, the personal property specified in section 6 of article X of the state constitution is classified as follows:
      
    (e)  Every item of special mobile machinery and self-propelled construction equipment, except power takeoff equipment, that is required to be registered under this article shall be is Class F personal property.  If a farm tractor, meeting the definition of special mobile machinery, is used for any purpose other than agricultural production for more than a twenty-four hour period at the site where it is used for nonagricultural purposes, it is Class F personal property, but it shall be granted a prorated registration under section 42-3-107 to cover such use. The authorized agent shall notify the owner of the farm tractor of the prorated registration. Storing a farm tractor at a site does not give rise to a presumption that the tractor was used for the same purposes that other equipment is used for at the site.;
      (3) (a)  It is unlawful for any An owner of a vehicle to shall not permanently attach to such the vehicle mounted equipment as defined in section 42-1-102 (60), unless:
      (I)  Within twenty days after such attachment, The owner applies for registration of such the mounted equipment to the authorized agent in the county where the equipment is required to be registered within twenty days after the equipment is mounted to the vehicle; or
      (II)  The mounted equipment is power takeoff equipment.
      (b)  Such The application shall be on forms prescribed by the department and shall describe the equipment to be mounted, including serial number, make, model, year of manufacture, weight, and cost.
    (6) (a)  If a vehicle and the equipment mounted on the vehicle are the same model year:
      (I)  The owner of the vehicle and the mounted equipment may register both as Class F personal property; or
      (II)  The owner of the vehicle may register the vehicle as Class A, Class B, Class C, or Class D personal property and the mounted equipment may be registered as Class F personal property.
      (b)  If a vehicle and the equipment mounted on the vehicle are different model years:
      (I)  The owner of the vehicle shall register the vehicle as Class A, Class B, Class C, or Class D personal property; and
      (II)  The owner of the vehicle shall register the mounted equipment as Class F personal property.

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