2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › GOVERNORS OFFICE (§§ 24-37-101 — 24-38.9-101) › Article 38.5 - COLORADO ENERGY OFFICE (§§ 24-38.5-101 — 24-38.5-507) › Part 4 - ENERGY CODE ADOPTION (§§ 24-38.5-401 — 24-38.5-406) › Section 24-38.5-401 - Energy code board - appointment - creation - duties - definitions - repeal

(1)
Definitions.
As used in this section, unless the context otherwise requires:
(a)
"Acceptable refrigerant" means a refrigerant that is:
(I)
Listed as acceptable in
42 U.S.C. sec. 7671k
of the federal "Clean Air Act" and used in equipment that is listed and installed pursuant to the use conditions imposed within that section; and
(II)
Listed as acceptable in appendix U and appendix V of subpart G of
40 CFR 82
and used in equipment that is listed and installed pursuant to the use conditions imposed within those appendices.
(b)
"Electric ready" means adequate panel capacity, dedicated electric panel space, electrical wire, electrical receptacles, and adequate physical space to accommodate future installation of high-efficiency electric appliances including heating, water heating, cooking, drying, and an electric vehicle.
(c)
"Energy code board" means the energy code board appointed by the directors of the Colorado energy office and the department of local affairs pursuant to subsection (2) of this section.
(d)
(I)
"EV capable" means a parking space that:
(A)
Has the electrical panel capacity and conduit installed to support future implementation of electrical vehicle charging with a minimum of two hundred eight volts and a minimum of forty-ampere rated circuits; and
(B)
Is adjacent to the terminal point of the conduit from the electrical facilities described in subsection (1)(d)(I)(A) of this section.
(II)
"EV capable" includes two adjacent parking spaces if the conduit for the electrical facilities described in subsection (1)(d)(I)(A) of this section terminates adjacent to and between both parking spaces.
(e)
(I)
"EV ready" means a parking space that:
(A)
Has the electrical panel capacity, raceway wiring, receptacle, and circuit overprotection devices installed to support future implementation of electrical vehicle charging with a minimum of two hundred eight volts and a minimum of forty-ampere rated circuits; and
(B)
Is adjacent to the receptacle for the electrical facilities described in subsection (1)(e)(I)(A) of this section.
(II)
"EV ready" includes two adjacent parking spaces if the receptacle for the electrical facilities described in subsection (1)(e)(I)(A) of this section is installed adjacent to and between both parking spaces.
(f)
"EV supply equipment" means:
(I)
An electric vehicle charging system as defined in section
38-12-601 (6)(a)
that has power capacity of at least 6.2 kilowatts and has the ability to connect to the internet; or
(II)
An inductive residential charging system for battery-powered electric vehicles that:
(A)
Is certified by Underwriters Laboratories or an equivalent certification;
(B)
Complies with the current version of article 625 of the National Electrical Code, published by the National Fire Protection Association, and other applicable industry standards;
(C)
Is Energy Star certified; and
(D)
Has the ability to connect to the internet.
(g)
"Individual with a disability" has the same meaning as set forth in the federal "Americans with Disabilities Act of 1990",
42 U.S.C. sec. 12101
et seq., and its related amendments and implementing regulations.
(h)
"International energy conservation code" means the energy code published by the international code council, or subsequent code or entity.
(i)
"Mixed fuel use building" means a residential or commercial building that is designed and built with equipment that uses gaseous fuels on site in addition to electricity.
(j)
"Provisions for electrical service capacity" means:
(I)
Building electrical service, sized for the anticipated load of electric vehicle charging stations, that has over current protection devices necessary for electric vehicle charging stations or has adequate space to add over current protection devices;
(II)
A conduit system installed from building electrical service to parking spaces that can support, at a minimum, electrical wiring for installation of electric vehicle charging stations, and, if the conduit system is for future installation of electric vehicle charging stations, that labels both ends of the conduit system to mark the conduit system as provided for future electric vehicle charging stations; and
(III)
Space within a building to add additional building electrical service for installation of electrical service capacity for electric vehicle charging stations.
(k)
"Solar ready" means adequate panel capacity, dedicated electrical panel space, electrical conduit, physical roof space, and structural load to accommodate future installation of solar panels, with exemptions for small roofs and consistently shaded roofs.
(l)
"State agencies" means the office of the state architect, the division of fire prevention and control, and the division of housing.
(2)
Appointment of the energy code board.
On or before October 1, 2022, the directors of the Colorado energy office and the department of local affairs shall appoint and convene an energy code board to develop both a model electric ready and solar ready code and a model low energy and carbon code for adoption by counties, municipalities, and state agencies.
(3)
(a)
Membership of the energy code board.
The energy code board consists of the following members appointed by the director of the Colorado energy office:
(I)
The director of the Colorado energy office or the director's designee;
(II)
One member representing the urban counties of the state;
(III)
One member representing the municipalities in rural areas of the state;
(IV)
Two members representing environmental or sustainability groups;
(V)
One member who is a solar power expert;
(VI)
One member who is an energy efficiency expert;
(VII)
One member representing professional engineers with experience working on systems for buildings;
(VIII)
One member representing an electrical utility, a gas utility, or a combined electric and gas utility;
(IX)
One member representing architects; and
(X)
One member who is a building energy code expert.
(b)
The energy code board consists of the following members appointed by the director of the department of local affairs:
(I)
The director of the department of local affairs or the director's designee;
(II)
One member representing the rural counties of the state;
(III)
One member representing the municipalities in urban areas of the state;
(IV)
Two members representing affordable housing operations:
(A)
One of these members must represent a for-rent nonprofit builder who serves populations with incomes under eighty percent of an area's median income; and
(B)
One of these members must represent a nonprofit affordable for-sale housing builder;
(V)
Two members who hold an electrical license, plumbing license, or a professional credential in the mechanical trades, at least one of whom is a member of a labor organization;
(VI)
One member representing a statewide organization for home building professionals;
(VII)
One member with building operation expertise; and
(VIII)
One member who is a contractor who provides mechanical, electrical, or plumbing services or represents a statewide association that represents mechanical, electrical, or plumbing contractors.
(c)
One of the members identified in subsections (3)(a)(II), (3)(a)(III), (3)(b)(II), or (3)(b)(III) of this section must be a building official.
(d)
In order to be selected by the director of the Colorado energy office or the director of the department of local affairs as a member of the energy code board, an applicant must submit with their application a recommendation from a relevant member or trade organization, if such member or trade organization exists. In making appointments to the energy code board, the directors of the Colorado energy office and the department of local affairs shall strive to ensure geographic diversity and that each of the three major climate zones in the state is represented.
(e)
If any member of the energy code board steps down, otherwise elects to no longer serve, or otherwise can no longer serve on the energy code board, the directors of the Colorado energy office and the department of local affairs shall select that member's replacement according to the same criteria that the directors of the Colorado energy office and the department of local affairs used in originally selecting the member.
(f)
The energy code board shall adopt policies and procedures as necessary to meet the requirements of this section.
(4)
(a)
Energy code board executive committee.
The directors of the Colorado energy office and the department of local affairs shall appoint an executive committee for the energy code board that consists of the following members:
(I)
The director of the Colorado energy office or the director's designee selected to serve on the energy code board pursuant to subsection (3)(a)(I) of this section;
(II)
The director of the department of local affairs or the director's designee selected to serve on the energy code board pursuant to subsection (3)(b)(I) of this section;
(III)
One member of the energy code board selected to represent either urban or rural counties who was selected to serve on the energy code board pursuant to subsection (3)(a)(II) or (3)(b)(II) of this section;
(IV)
One member of the energy code board selected to represent municipalities from either urban or rural areas of the state who was selected to serve on the energy code board pursuant to subsection (3)(a)(III) or (3)(b)(III) of this section; and
(V)
The member of the energy code board who is a building energy code expert and who was selected to serve on the energy code board pursuant to subsection (3)(a)(IX) of this section.
(b)
Either the member of the executive committee selected pursuant to subsection (4)(a)(III) of this section or the member of the executive committee selected pursuant to subsection (4)(a)(IV) of this section must be a building official.
(5)
(a)
Duty of the energy code board to adopt a model electric ready and solar ready code.
It is the duty of the energy code board to develop a model electric ready and solar ready code on or before June 1, 2023, for adoption by counties, municipalities, and state agencies.
(b)
The model electric ready and solar ready code developed by the energy code board must apply to commercial and residential buildings and must include:
(I)
Solar ready requirements;
(II)
EV ready and EV capable requirements for residential buildings;
(III)
EV ready, EV capable, and EV supply equipment installed requirements for multi-family and commercial buildings with provisions for electrical service capacity in twenty percent or more of the vehicle parking spaces in the garage or parking area;
(IV)
Electric ready requirements for all single-family residential mixed fuel use buildings;
(V)
Electric ready requirements for multi-family and small commercial mixed fuel use buildings under ten thousand square feet;
(VI)
Requirements that multi-family and large commercial mixed fuel use buildings that are ten thousand square feet or greater provide dedicated electric panel space, electrical wire, electrical receptacles, and adequate panel capacity to accommodate the future installation of efficient, electric technologies and charging for electric vehicles. These requirements must take into account the cost-effectiveness of pre-wiring for efficient electric equipment and the ability to determine what wiring and receptacle locations would be needed; and
(VII)
A process to waive energy code requirements when there has been a declared natural disaster that has destroyed buildings or other circumstances as determined by the energy code board.
(c)
In developing a model electric ready and solar ready code, the energy code board shall:
(I)
Ensure that buildings can be converted to high efficiency electric space and water heating equipment and appliances at the lowest possible cost to building owners;
(II)
In developing the model electric ready and solar ready code language for multi-family and large commercial mixed fuel use for buildings ten thousand square feet or greater, the energy code board shall develop clear guidelines to be included in the model energy ready and solar ready code that seek to minimize the costs that builders, building owners, and developers incur in meeting electric ready and solar ready code requirements while also ensuring that buildings can be converted to high efficiency electric space and water heating equipment and appliances at the lowest possible cost to building owners. These guidelines must include provisions for:
(A)
A standard methodology for determining how to calculate or measure when compliance with a model electric and solar ready code reaches a substantial cost differential that would require a waiver or variance for some or all of the provisions of the model electric and solar ready code;
(B)
An evidence-based, uniform waiver or variance process to allow a builder, developer, or building owner to request a waiver when it can be demonstrated with reasonable evidence that compliance will create a substantial cost differential; and
(C)
As used in this subsection (5)(c)(II), "substantial cost differential" means one percent or greater of the total mechanical, electrical, and plumbing construction costs on the project;
(III)
Take into account home affordability;
(IV)
(A)
Ensure that the model electric ready and solar ready code developed by the energy code board does not apply to construction or renovation that serves the primary purpose of making a building accessible or more accessible for an individual with a disability.
(B)
As used in this subsection (5)(c)(IV), "accessible" means able to be approached, entered, and used;
(V)
Ensure that the use of an acceptable refrigerant is not prohibited; and
(VI)
Ensure that all electrical and plumbing installations required under the model electric ready and solar ready code are subject to statutory and regulatory inspection and permit requirements.
(6)
(a)
Duty of the energy code board to adopt a model low energy and carbon code.
It is the duty of the energy code board to develop a model low energy and carbon code on or before September 1, 2025, for adoption by counties, municipalities, and state agencies.
(b)
The model low energy and carbon code developed by the energy code board must apply to commercial and residential buildings and must:
(I)
Include the more energy efficient of either the 2021 or 2024 international energy conservation code, except as the energy code board may modify those international energy conservation codes pursuant to subsection (7) of this section, including any appendices and resources to the international energy conservation code that the energy code board deems appropriate;
(II)
Include the model electric ready and solar ready code language developed for adoption by the energy code board pursuant to subsection (5) of this section, and modified as the energy code board deems appropriate, including accessibility requirements for EV capable, EV ready, and EV supply equipment installed parking spaces that take into consideration design recommendations for accessible electric vehicle charging stations published by the United States access board and any applicable regulations issued by the federal department of justice or department of transportation implementing the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., as amended;
(III)
Provide compliance pathways for all-electric and mixed fuel use residential and commercial buildings;
(IV)
Exempt electricity consumption in residential and commercial buildings from any onsite or offsite renewable energy requirements;
(V)
Allow projects consisting of only replacing a space or water heating system, at the end of that system's useful life, with the installation of a new system using the same fuel or power source, without triggering pre-wire requirements;
(VI)
Ensure that for any renewable energy measures used to ensure that a home or commercial building is compliant with the model low energy and carbon code developed by the energy code board, any electric renewable energy credits generated may not be double counted between compliance with this section and the requirements under section
25-7-105 (1)(e)
, section
40-3.2-108 (3)(b)
, section
40-2-125.5
, or any similar greenhouse gas emission reduction program or set of requirements. Nothing in this section shall preclude a utility from acquiring renewable energy credits from a building owner through a net-metering agreement.
(VII)
Take into account home affordability;
(VIII)
Minimize overall carbon dioxide emissions associated with new and renovated homes and commercial buildings; and
(IX)
Create a process to waive energy code requirements when there has been a declared natural disaster that has destroyed buildings or other circumstances as determined by the energy code board.
(c)
In developing a model low energy and carbon code, the energy code board shall:
(I)
(A)
Ensure that the model electric ready and solar ready code developed by the energy code board does not apply to construction or renovation that serves the primary purpose of making a building accessible or more accessible for an individual with a disability;
(B)
As used in this subsection (6)(c)(I), "accessible" means able to be approached, entered, and used; and
(II)
Ensure that the use of an acceptable refrigerant is not prohibited.
(7)
Option to relax international energy conservation code appendices and resources.
The energy code board may as necessary relax the stringency of any requirements in the international energy conservation code, including appendices and resources that it adopts as part of the model low energy and carbon code language it develops pursuant to subsection (6) of this section if it deems that doing so is appropriate, but the energy code board shall not increase the stringency of any requirements in the international energy conservation code including appendices and resources that it adopts as part of the model low energy and carbon code language it develops pursuant to subsection (6) of this section.
(8)
(a)
Process for model code development.
In order to develop either the model electric ready and solar ready code pursuant to subsection (5) of this section or the model low energy and carbon code pursuant to subsection (6) of this section, two-thirds of the members of the energy code board must approve each element of the model code.
(b)
If two-thirds of the energy code board fail, on or before April 1, 2023, to adopt any element of the model electric ready and solar ready code required by subsection (5) of this section, the executive committee shall vote on that same element on or before May 15, 2023. If two-thirds of the energy code board fail, on or before June 1, 2025, to adopt an element of the model low energy and carbon required by subsection (6) of this section, the executive committee shall vote on that same element on or before August 1, 2025.
(c)
[Repealed]
(d)
Upon a vote of the majority of the executive committee, an element that the energy code board failed to adopt is adopted as part of either the model electric ready and solar ready code or the model low energy and carbon code is adopted as an element of the respective model code.
(e)
During the development of both the model electric ready and solar ready code and the model low energy and carbon code, the director of the department of local affairs or the director's designee and the director of the Colorado energy office or the director's designee shall ensure that the energy code board adheres to the requirements of this section.
(9)
Acceptable refrigerants.
The use of an acceptable refrigerant may not be prohibited or otherwise restricted by a locality, county, or other state rule or regulation; except that nothing in this article 38.5 may be construed to prohibit, limit, or otherwise modify the requirements of regulation number 22, 5 CCR 1001-26, as amended, or any entity's procurement requirements for their own use.
(10)
(a)
Reporting.
The Colorado energy office shall include an update regarding the effectiveness of the energy code board in its 2027 report to the members of the applicable committees of reference in the senate and house of representatives as required by the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article
7
of title
2
.
(b)
The department of local affairs shall include an update regarding the effectiveness of the energy code board in its 2027 report to the members of the applicable committees of reference in the senate and house of representatives as required by the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article
7
of title
2
.
(11)
Repeal.
This section is repealed, effective September 1, 2027.
Amended by 2024 Ch. 322,§ 2, eff. 6/3/2024.
Amended by 2024 Ch. 191,§ 8, eff. 5/17/2024.
Added by 2022 Ch. 301, § 1, eff. 6/2/2022.