Colorado § 24-38.5-112 - Building performance program - duties of the office - county assessor records database - fees - definitions.

§ 24-38.5-112. Building performance program - duties of the office - county assessor records database - fees - definitions.

(1) The Colorado energy office shall implement a building performance program as follows:

(a) Based on county assessor records and other available sources of information, the office shall administer the building performance program by:

(I) Creating a database of covered buildings and of owners required to comply with the building performance program;

(II) Tracking compliance with the building performance program;

(III) Maintaining a list of noncompliant owners;

(IV) In a form and manner determined by the office, in consultation with the division of administration in the department of public health and environment, periodically providing the division with a list of noncompliant owners for the division's enforcement of the building performance program.

(b) Upon request of the office, a county assessor shall, if feasible using existing resources, provide readily available property data from existing records to the office as necessary for implementation of this section.

(c) The office shall make publicly available, through digitally interactive maps, lists, or other technology as determined by the office, benchmarking data for all covered buildings that have reported in each year pursuant to section 25-7-142 (3). The publicly available data must not include any contact information for a covered building that is not otherwise publicly available.

(d) The office shall coordinate with any local government that implements its own energy benchmarking or energy performance program, including the coordination of reporting requirements.

(e) (I) Except as provided in subsection (1)(e)(II) of this section, to finance the office's administration of the building performance program, the office shall collect from each owner of a covered building an annual fee of one hundred dollars per covered building. The office shall transfer the fees collected to the state treasurer, who shall credit them to the climate change mitigation and adaptation fund created in section 24-38.5-102.6.

(II) The owner of a public building is exempt from paying the annual fee described in subsection (1)(e)(I) of this section.

(2) To implement the building performance program, the Colorado energy office shall assist building owners to increase energy efficiency and reduce greenhouse gas emissions from their buildings, including by providing outreach, training, technical assistance, and grants to building owners to help their buildings come into compliance with the building performance program.

(3) As used in this section, unless the context otherwise requires:

(a) "Benchmarking data" has the meaning set forth in section 25-7-142 (2)(d).

(b) "Building performance program" means the benchmarking requirements set forth in section 25-7-142 (3) and performance standard requirements set by the commission by rule pursuant to section 25-7-142 (8)(c).

(c) "Colorado energy office" or "office" means the Colorado energy office created in section 24-38.5-101.

(d) "Commission" means the air quality control commission created in section 25-7-104 (1).

(e) "Covered building" has the meaning set forth in section 25-7-142 (2)(j).

(f) "Owner" has the meaning set forth in section 25-7-142 (2)(r).

Source: L. 2021: Entire section added, (HB 21-1286), ch. 326, p. 2084, § 3, effective September 7. L. 2025: (1)(a)(III) and (1)(a)(IV) amended, (HB 25-1269), ch. 216, p. 993, § 8, effective May 20.