2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › ENERGY AND WATER CONSERVATION (§§ 6-7-101 — 6-7.7-103) › Article 7.7 - Standards for Construction Projects that Receive State Financial Assistance (§§ 6-7.7-101 — 6-7.7-103) › Section 6-7.7-103 - Energy-efficiency standards for certain building construction projects that receive state financial assistance - record retention requirements - waivers - exemptions - standardized resources - enforcement - civil penalties

(1)
On and after January 1, 2025, except as set forth in subsection (3) or (4) of this section, recipients of state financial assistance for new building construction projects that include the specification, provision, or purchase of covered energy-consuming products shall use covered energy-consuming products certified by the Energy Star program.
(2)
On and after January 1, 2025, a state agency that provides or administers state financial assistance for a new building construction project shall:
(a)
Include the requirements of subsection (1) of this section in the State agency's criteria or guidance for applying for or receiving state financial assistance for new building construction projects;
(b)
Request an attestation signed by a recipient of state financial assistance for new building construction projects that declares that:
(I)
The requirements of subsection (1) of this section have been or will be followed; or
(II)
The recipient of the state financial assistance is requesting a waiver pursuant to subsection (3) of this section; and
(c)
Respond to waiver requests received pursuant to subsection (3) of this section.
(3)
A state agency that provides or administers state financial assistance for new building construction projects may issue a standardized waiver from the requirements of subsection (1) of this section for a new building construction project if the recipient demonstrates, through evidence and attestation from a licensed professional engineer or design professional, that:
(a)
No covered energy-consuming product certified by the Energy Star program and that meets the functional requirements of the project is reasonably available to the applicant; or
(b)
Taking energy cost savings and the social cost of carbon into account, no covered energy-consuming product certified by the Energy Star program is cost-effective over the life of the product.
(4)
The following new building construction projects are exempt from the requirements of this section:
(a)
Projects that have passed the design phase before January 1, 2025, and would require significant redesign to include a covered energy-consuming product certified by the Energy Star program; and
(b)
Projects that have received a permit from a local government for the use of a covered energy-consuming product before January 1, 2025.
(5)
If the attorney general, by a preponderance of the evidence, believes that a person has violated or caused another person to violate subsection (1) of this section, the attorney general may bring a civil action on behalf of the state to seek the assessment of a civil penalty of up to the total amount of state financial assistance received by the violator on or after January 1, 2025, which amount must be transmitted to the state treasurer, who shall credit the amount to the energy fund created in section 24-38.5-102.4 (1)(a)(I).
Added by 2024 Ch. 191,§ 3, eff. 5/17/2024.