2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SPECIAL STATUTORY DISTRICTS (§§ 32-8-101 — 32-22-117) › Article 20 - COLORADO NEW ENERGY IMPROVEMENT DISTRICT (§§ 32-20-101 — 32-20-111) › Section 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 is 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, vice-chair, and secretary, and is composed of seven members, including:
(I)
The director of the Colorado energy office created in section
24-38.5-101(1)
, C.R.S., or the director's designee;
(II)
The following six members appointed by the governor:
(A)
One member who has executive-level experience in commercial or residential real estate development;
(B)
Two members who each have at least ten years of executive-level experience with one or more financial institutions, at least one of whom has had such experience with one or more financial institutions having total assets of less than one billion dollars;
(C)
One member who has executive-level experience in the utility industry;
(D)
One member who represents the energy efficiency industry; and
(E)
One member who represents the renewable energy industry.
(III) to (VI)
Repealed.
(b)
The term of an appointed member is four 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)
Four 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 four 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 is a special district included within the definition of the state or any of its political subdivisions for purposes of and as set forth in section 2 (14.6) of article XXVIII of the state constitution and is, accordingly, 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.
Amended by 2022 Ch. 2,§100, eff. 2/25/2022.
Amended by 2016 Ch. 238,§1, eff. 8/10/2016.
Amended by 2013 Ch. 347,§3, eff. 5/28/2013.
L. 2010: Entire article added, (HB 10-1328), ch. 426, p. 2207, §1, effective June 11. L. 2012: (2)(a)(I)(A) amended, (HB 12-1315), ch. 224, p. 976, § 40, effective July 1. L. 2013: IP(2)(a), (2)(a)(I), (2)(a)(II), and (3) amended and (2)(a)(III), (2)(a)(IV), (2)(a)(V), and (2)(a)(VI) repealed, (SB 13-212), ch. 347, p. 2015, § 3, effective May 28. L. 2016: IP(2)(a)(II) and (6) amended, (SB 16-171), ch. 238, p. 974, § 1, effective August 10.
Sections 2 (14.6) and 15 to 17 of article XXVIII of the state constitution referenced in subsection (6) were declared unconstitutional. See Dallman v. Ritter , 225 P.3d 610 (Colo. 2010).
In 2013, the introductory portion to subsection (2)(a) and subsections (2)(a)(I), (2)(a)(II), and (3) were amended and subsections (2)(a)(III), (2)(a)(IV), (2)(a)(V), and (2)(a)(VI) were repealed by the "New Energy Jobs Act of 2013". For the short title, see section 1 of chapter 347, Session Laws of Colorado 2013.