2023 Colorado Revised Statutes › Title 29 - GOVERNMENT - LOCAL (§§ 29-1-101 — 29-37-210) › LAND USE CONTROL AND CONSERVATION (§§ 29-20-101 — 29-21-102) › Article 20 - Local Government Regulation of Land Use (§§ 29-20-101 — 29-20-405) › Part 4 - RENEWABLE ENERGY PROJECTS (§§ 29-20-401 — 29-20-405) › Section 29-20-404 - Technical support for renewable energy projects - duties of energy and carbon management commission - duties of division of parks and wildlife - duties of Colorado energy office - code repository - report - repeal

(1)
(a)
At the request of a local government or a tribal government, the director of the energy and carbon management commission shall provide technical support to the local government or tribal government concerning:
(I)
The development of local codes governing renewable energy projects; or
(II)
The review of renewable energy projects for which a local government or a tribal government receives an application for land use approval after June 30, 2024.
(b)
When providing technical support as described in subsection (1)(a) of this section, the director of the energy and carbon management commission may collaborate with other state agencies.
(c)
In its annual presentation to the legislative committees of reference pursuant to section 2-7-203, the department of natural resources shall include information indicating how many local and tribal governments requested support from the energy and carbon management commission, as described in subsection (1)(a) of this section, during the preceding year.
(2)
(a)
At the request of a facility owner, Local government, or tribal government, the division of parks and wildlife shall provide the facility owner, local government, or tribal government a set of best management practices to avoid, minimize, and mitigate wildlife impacts of renewable energy projects.
(b)
The best management practices available at the time of application with a local government or tribal government for land use approval of a renewable energy project may be incorporated into project plans at the discretion of the facility owner.
(c)
The best management practices may be considered as conditions of approval by a local government or tribal government with land use authority or regulatory authority over a project for a renewable energy project for which the local government or tribal government receives an application for land use approval after June 30, 2024.
(d)
The division of parks and wildlife shall identify high-priority habitats for renewable energy projects based on the best available science and shall update the list of high-priority habitats at least annually and make the list publicly available. A facility owner, local government, or tribal government may consider the high-priority habitats in planning, siting, permitting, and developing renewable energy projects.
(3)
On or before June 30, 2025, the Colorado energy office, in cooperation with the department of local affairs and the department of natural resources, shall develop a repository of codes and ordinances that support renewable energy projects and commercial energy transmission facilities for the purpose of providing conceptual frameworks that local governments and tribal governments may consider and adapt to suit local circumstances and address local energy resources.
(4)
(a)
On or before September 30, 2025, the Colorado energy office shall submit a report to the general assembly. The office shall collaborate with other state agencies, including the department of natural resources, in developing the report. The report must:
(I)
Evaluate and assess local government processes for the siting of commercially viable renewable energy projects and commercial energy transmission facilities; and
(II)
Evaluate the impact of renewable energy projects and commercial energy transmission facilities on wildlife resources; the use of wildlife mitigation, decommissioning, and community benefit agreements; and the range of fees imposed by local governments.
(b)
In preparing the report, the office shall provide opportunities for municipal and county governments; renewable energy project developers; conservation organizations; local stakeholders, including property owners; tribal governments; electric utilities; and labor organizations to provide input and shall allow opportunity for public comment before the final report is completed.
(c)
This subsection (4) is repealed, effective July 1, 2026.
Added by 2024 Ch. 214,§ 1, eff. 5/21/2024.