Colorado § 31-25-501 - Definitions.

§ 31-25-501. Definitions.

As used in this part 5, unless the context otherwise requires:

(1) "Assessment unit" means an area within a district which is separately defined for determining assessments payable pursuant to this part 5.

(1.5) "District" means the geographical division of the municipality and, in accordance with the provisions of this part 5, the county in which such municipality is situated, or any other municipality within such county, within which any local improvement may be made or, when so declared by the governing body, may include the entire municipal area. One or more noncontiguous parts or sections of property may be included in one district.

(1.7) (a) "Elector of the district" means a person who, at the designated time or event, is registered to vote in the general election in this state and:

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

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

(b) Where the owner of taxable real or personal property specified in subparagraph (II) of paragraph (a) this subsection (1.7) is not a natural person, an "elector of the district" shall include a natural person designated by such owner to vote for such person. Such designation shall be in writing and filed with the clerk of the municipality. Only one such person may be designated by an owner.

(1.9) "Energy efficiency improvement" means an installation or modification that is designed to reduce energy consumption in residential or commercial buildings and includes, but is not limited to, the following:

(a) Insulation in walls, roofs, floors, and foundations and in heating and cooling distribution systems;

(b) Storm windows and doors, multiglazed windows and doors, heat-absorbing or heat-reflective glazed and coated window and door systems, additional glazing, reductions in glass area, and other window and door system modifications that reduce energy consumption;

(c) Automatic energy control systems;

(d) Heating, ventilating, or air conditioning and distribution system modifications or replacements in buildings or central plants;

(e) Caulking and weatherstripping;

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

(g) Energy recovery systems;

(h) Daylighting systems; and

(i) Any other modification, installation, or remodeling approved as a utility cost-savings measure by the governing body; 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. The public utilities commission shall have primary jurisdiction to adjudicate disputes as to whether a renewable energy improvement interferes with such a right.

(2) "Owner", in reference to petitions, means only persons in whom the record fee title is vested, although subject to lien or encumbrance.

(3) "Property" means all land, whether platted or unplatted, regardless of improvements thereon and regardless of lot or land lines. The term also includes the franchise of any railroad whose tracks lie, either lengthwise or crosswise, within any street improved under this part 5. Lots may be designated in accordance with any recorded map or plat thereof, unplatted lands by any definite description thereof, and franchises by the name of the corporation owning the same.

(3.5) "Qualified community location" means:

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

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

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

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

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

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

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

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

(b) No renewable energy improvement shall be authorized that interferes with a right held by a public utility under a certificate issued by the public utilities commission under article 5 of title 40, C.R.S. Nothing in this part 5 limits the right of a public utility, subject to article 3 or 3.5 of title 40, C.R.S., or section 40-9.5-106, C.R.S., to assess fees for the use of its facilities, or modifies or expands the net metering limitations established in section 40-9.5-118, C.R.S. The public utilities commission has primary jurisdiction to adjudicate disputes as to whether a renewable energy improvement interferes with such a right.

Source: L. 75: Entire title R&RE, p. 1190, § 1, effective July 1. L. 86: (1) R&RE and (1.5) added, p. 1047, §§ 2, 3, effective July 1. L. 90: (1.5) amended, p. 1472, § 5, effective July 1. L. 99: (1.7) added, p. 518, § 16, effective April 30. L. 2002: (1.7) amended, p. 272, § 12, effective August 7. L. 2008: (1.9) and (4) added, p. 1300, § 22, effective May 27. L. 2010: (3.5) added and (4) amended, (SB 10-100), ch. 207, p. 903, § 7, effective May 5. L. 2016: (1.7)(a) amended, (SB 16-142), ch. 173, p. 592, § 78, effective May 18. L. 2022: (3.5)(b) amended, (SB 22-118), ch. 335, p. 2379, § 14, effective August 10. L. 2023: (3.5)(b) amended, (HB 23-1301), ch. 303, p. 1840, § 73, effective August 7.

Editor's note: This section is similar to former § 31-25-501 as it existed prior to 1975.

ANNOTATION

No district power. A district has no governing body, no officers, no power to make contracts or to levy taxes; it collects no money and disburses none; it cannot sue or be sued, in short, it has no power, governmental or otherwise. City of Aurora v. Krauss, 99 Colo. 12, 59 P.2d 79 (1936).