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Amendments HB08-1270 House Journal, February 20 Amend printed bill, strike everything below the enacting clause and 10 substitute the following: 11 12 "SECTION 1. 38-30-168, Colorado Revised Statutes, is amended 13 to read: 14 15 38-30-168. Unreasonable restrictions on energy generation 16 devices - definitions. (1) (a) After May 25, 1979, any A covenant, 17 restriction, or condition contained in any deed, contract, security 18 instrument, or other instrument affecting the transfer or sale of, or any 19 interest in, real property solely on the basis of aesthetic considerations 20 which THAT effectively prohibits or restricts the installation or use of a 21 solar energy device, as defined in section 38-32.5-100.3, AN ENERGY 22 GENERATION DEVICE is void and unenforceable. 23 24 (b) AS USED IN THIS SECTION, "ENERGY GENERATION DEVICE" 25 MEANS A DEVICE OR STRUCTURE THAT PRODUCES ENERGY TO OFFSET OR 26 ELIMINATE THE CONSUMPTION OF ENERGY DERIVED FROM FOSSIL FUELS BY 27 A RESIDENCE OR BUSINESS LOCATED ON THE REAL PROPERTY. "ENERGY 28 GENERATION DEVICE" IS FURTHER LIMITED TO INCLUDE ONLY THE 29 FOLLOWING TYPES OF DEVICES OR STRUCTURES: 30 31 (I) A SOLAR ENERGY DEVICE, AS DEFINED IN SECTION 32 38-32.5-100.3; AND 33 34 (II) A WIND-ELECTRIC GENERATOR THAT MEETS THE 35 INTERCONNECTION STANDARDS ESTABLISHED IN RULES PROMULGATED BY 36 THE PUBLIC UTILITIES COMMISSION PURSUANT TO SECTION 40-2-124, 37 C.R.S. 38 39 (2) Subsection (1) of this section shall not apply to: 40 41 (a) Aesthetic provisions which THAT impose reasonable 42 restrictions on solar energy devices THE DIMENSIONS, PLACEMENT, OR 43 EXTERNAL APPEARANCE OF AN ENERGY GENERATION DEVICE and which 44 THAT do not: 45 46 (I) Significantly increase the cost of the device ITS PURCHASE 47 PRICE OR OPERATING COSTS; OR 48 49 (II) SIGNIFICANTLY DECREASE ITS PERFORMANCE OR EFFICIENCY; 50 51 (b) BONA FIDE SAFETY REQUIREMENTS, CONSISTENT WITH AN 52 APPLICABLE BUILDING CODE OR RECOGNIZED ELECTRICAL SAFETY 53 STANDARD, FOR THE PROTECTION OF PERSONS AND PROPERTY; OR 54 55 (c) MUTUALLY ENFORCEABLE COVENANTS OR RULES OF A 56 COMMON INTEREST COMMUNITY, ADOPTED IN ACCORDANCE WITH SECTION Page 528 House Journal--43rd Day--February 20, 2008 38-33.3-106.5 (1) (g), 1 GOVERNING THE PLACEMENT OF ENERGY GENERATION DEVICES. 23 4 (3) THIS SECTION SHALL NOT BE CONSTRUED TO CONFER UPON ANY 5 PROPERTY OWNER THE RIGHT TO PLACE AN ENERGY GENERATION DEVICE 6 ON PROPERTY OF ANOTHER OR UPON COMMON PROPERTY OF A COMMON INTEREST COMMUNITY. 78 9 SECTION 2. Article 30 of title 38, Colorado Revised Statutes, is 10 amended BY THE ADDITION OF A NEW SECTION to read: 11 12 38-30-168.5. Unreasonable restrictions on energy efficiency 13 measures - definitions. (1) (a) A COVENANT, RESTRICTION, OR 14 CONDITION CONTAINED IN ANY DEED, CONTRACT, SECURITY INSTRUMENT, 15 OR OTHER INSTRUMENT AFFECTING THE TRANSFER OR SALE OF, OR ANY 16 INTEREST IN, REAL PROPERTY THAT EFFECTIVELY PROHIBITS THE 17 INSTALLATION OR USE OF AN ENERGY EFFICIENCY MEASURE IS VOID AND 18 UNENFORCEABLE. 19 20 (b) AS USED IN THIS SECTION, "ENERGY EFFICIENCY MEASURE" 21 MEANS A DEVICE OR STRUCTURE THAT REDUCES THE AMOUNT OF ENERGY 22 DERIVED FROM FOSSIL FUELS THAT IS CONSUMED BY A RESIDENCE OR 23 BUSINESS LOCATED ON THE REAL PROPERTY. "ENERGY EFFICIENCY 24 MEASURE" IS FURTHER LIMITED TO INCLUDE ONLY THE FOLLOWING TYPES 25 OF DEVICES OR STRUCTURES: 26 27 (I) AN AWNING, SHUTTER, TRELLIS, RAMADA, OR OTHER SHADE 28 STRUCTURE THAT IS MARKETED FOR THE PURPOSE OF REDUCING ENERGY 29 CONSUMPTION; 30 31 (II) A GARAGE OR ATTIC FAN AND ANY ASSOCIATED VENTS OR 32 LOUVERS; 33 34 (III) AN EVAPORATIVE COOLER; 35 36 (IV) AN ENERGY-EFFICIENT OUTDOOR LIGHTING DEVICE, 37 INCLUDING WITHOUT LIMITATION A LIGHT FIXTURE CONTAINING A COILED 38 OR STRAIGHT FLUORESCENT LIGHT BULB, AND ANY SOLAR RECHARGING 39 PANEL, MOTION DETECTOR, OR OTHER EQUIPMENT CONNECTED TO THE 40 LIGHTING DEVICE; AND 41 42 (V) A RETRACTABLE CLOTHESLINE. 43 44 (2) SUBSECTION (1) OF THIS SECTION SHALL NOT APPLY TO: 45 46 (a) REASONABLE AESTHETIC PROVISIONS THAT GOVERN THE 47 DIMENSIONS, PLACEMENT, OR EXTERNAL APPEARANCE OF AN ENERGY 48 EFFICIENCY MEASURE AND THAT DO NOT: 49 50 (I) SIGNIFICANTLY INCREASE ITS PURCHASE PRICE OR OPERATING 51 COSTS; OR 52 53 (II) SIGNIFICANTLY DECREASE ITS PERFORMANCE OR EFFICIENCY; 54 55 (b) BONA FIDE SAFETY REQUIREMENTS, CONSISTENT WITH AN 56 APPLICABLE BUILDING CODE OR RECOGNIZED SAFETY STANDARD, FOR THE House Journal--43rd Day--February 20, 2008 Page 529 PROTECTION OF PERSONS AND PROPERTY. 12 3 (3) THIS SECTION SHALL NOT BE CONSTRUED TO CONFER UPON ANY 4 PROPERTY OWNER THE RIGHT TO PLACE AN ENERGY GENERATION DEVICE 5 ON PROPERTY OF ANOTHER OR UPON COMMON PROPERTY OF A COMMON INTEREST COMMUNITY. 67 8 SECTION 3. 38-33.3-106.5 (1), Colorado Revised Statutes, is 9 amended BY THE ADDITION OF A NEW PARAGRAPH to read: 10 11 12 38-33.3-106.5. Prohibitions contrary to public policy - 13 patriotic and political expression - emergency vehicles - fire 14 prevention - energy generation devices - definitions. 15 (1) Notwithstanding any provision in the declaration, bylaws, or rules 16 and regulations of the association to the contrary, an association shall not 17 prohibit any of the following: 18 19 (g) ENERGY GENERATION DEVICES, AS DEFINED IN SECTION 20 38-30-168; EXCEPT THAT THE ASSOCIATION MAY REQUIRE UNIT OWNERS 21 TO PARTICIPATE IN A COMMONLY-OWNED SYSTEM INSTALLED ON COMMON 22 PROPERTY RATHER THAN INSTALL INDIVIDUAL SYSTEMS OF THE SAME KIND 23 ON THEIR OWN PROPERTY, BUT ONLY IF THE BENEFIT TO A UNIT OWNER 24 FROM PARTICIPATING IN THE COMMONLY-OWNED SYSTEM EQUALS OR 25 EXCEEDS THE BENEFIT THAT THE UNIT OWNER WOULD REALIZE FROM 26 INSTALLING A SYSTEM OF THE SAME KIND ON HIS OR HER OWN PROPERTY. 27 28 SECTION 4. Effective date - applicability. (1) This act shall 29 take effect at 12:01 a.m. on the day following the expiration of the 30 ninety-day period after final adjournment of the general assembly that is 31 allowed for submitting a referendum petition pursuant to article V, 32 section 1 (3) of the state constitution, (August 6, 2008, if adjournment 33 sine die is on May 7, 2008); except that, if a referendum petition is filed 34 against this act or an item, section, or part of this act within such period, 35 then the act, item, section, or part, if approved by the people, shall take 36 effect on the date of the official declaration of the vote thereon by 37 proclamation of the governor. 38 39 (2) The provisions of this act shall apply to enforcement actions 40 that are pending or commenced on or after the applicable effective date 41 of this act.". Senate Journal, March 24 After consideration on the merits, the Committee recommends that HB08-1270 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation. Amend reengrossed bill, page 3, line 6, strike "CONSISTENT WITH" and substitute "REQUIRED BY". Business, Labor, & Technology Senate Journal, March 28 HB08-1270 by Representative(s) Kerr A.; also Senator(s) Tupa--Concerning the removal of restrictions on the use of energy efficiency measures in connection with real property. Amendment No. 1, Local Government Committee Amendment. (Printed in Senate Journal, March 24, page 649 and placed in members' bill files.) Amendment No. 2(L.021), by Senator Tupa. Amend reengrossed bill, page 2, line 4, after "on", insert "renewable"; line 9, strike "a" and substitute "a"; line 10, strike "AN" and substitute "RENEWABLE"; strike lines 12 through 17 and substitute the following: "(b) AS USED IN THIS SECTION, "RENEWABLE ENERGY GENERATION DEVICE" MEANS EITHER:"; line 19, strike "AND" and substitute "OR". Page 3, line 1, strike "AN" and substitute "A RENEWABLE"; strike lines 11 and 12 and substitute the following: "38-33.3-106.5 (1.5), GOVERNING THE PLACEMENT OF RENEWABLE ENERGY GENERATION DEVICES."; line 14, strike "AN" and substitute "A RENEWABLE". Page 5, line 5, strike "GENERATION DEVICE" and substitute "EFFICIENCY MEASURE"; line 12, before "energy", insert "renewable"; line 15, before "ENERGY", insert "RENEWABLE". Amendment No. 3(L.023), by Senator Tupa. Amend reengrossed bill, page 5, strike line 16 and substitute "DEVICES, AS DEFINED IN SECTION 38-30-168."; strike lines 17 through 23. Amendment No. 4(L.015), by Senator Tupa. Amend reengrossed bill, page 3, strike lines 3 and 4 and substitute the following: "(I) Significantly increase the cost of the device; OR"; after line 16, insert the following: "(4) IN ANY LITIGATION INVOLVING THE SIGNIFICANCE OF AN INCREASE IN COST OF A RENEWABLE ENERGY GENERATION DEVICE, FOR PURPOSES OF SUBPARAGRAPH (I) OF PARAGRAPH (a) OF SUBSECTION (2) OF THIS SECTION, THE PARTY THAT PREVAILS ON THE ISSUE OF THE SIGNIFICANCE OF THE INCREASE SHALL BE ENTITLED TO ITS REASONABLE ATTORNEY FEES AND COSTS INCURRED IN LITIGATING THAT ISSUE. THIS SUBSECTION (4) SHALL NOT BE CONSTRUED TO LIMIT OR PROHIBIT AN AWARD OF ATTORNEY FEES OR COSTS ON OTHER GROUNDS OR IN CONNECTION WITH OTHER ISSUES.". Amendment No. 5(L.017), by Senator Tupa. Amend reengrossed bill, page 3, strike lines 15 and 16 and substitute the following: "ON PROPERTY THAT IS: (a) OWNED BY ANOTHER PERSON; (b) LEASED, EXCEPT WITH PERMISSION OF THE LESSOR; (c) COLLATERAL FOR A COMMERCIAL LOAN, EXCEPT WITH PERMISSION OF THE SECURED PARTY; OR (d) A LIMITED COMMON ELEMENT OR GENERAL COMMON ELEMENT OF A COMMON INTEREST COMMUNITY.". Page 5, strike lines 6 and 7 and substitute the following: "ON PROPERTY THAT IS: (a) OWNED BY ANOTHER PERSON; (b) LEASED, EXCEPT WITH PERMISSION OF THE LESSOR; (c) COLLATERAL FOR A COMMERCIAL LOAN, EXCEPT WITH PERMISSION OF THE SECURED PARTY; OR (d) A LIMITED COMMON ELEMENT OR GENERAL COMMON ELEMENT OF A COMMON INTEREST COMMUNITY.". Amendment No. 6(L.027), by Senators Williams, Hagedorn, and Mitchell S. Amend reengrossed bill, page 3, line 8, strike "OR"; strike line 12 and substitute the following: "GENERATION DEVICES; OR (d) REASONABLE RESTRICTIONS ON THE INSTALLATION AND USE OF WIND-ELECTRIC GENERATORS TO REDUCE INTERFERENCE WITH THE USE AND ENJOYMENT BY RESIDENTS OF PROPERTY SITUATED NEAR WIND-ELECTRIC GENERATORS AS A RESULT OF THE SOUND ASSOCIATED WITH THE WIND-ELECTRIC GENERATORS. INTERFERENCE WITH THE USE AND ENJOYMENT OF PROPERTY BY RESIDENTS FOR THE PURPOSE OF DETERMINING WHETHER A RESTRICTION IS REASONABLE SHALL BE DETERMINED AS A PART OF THE ARCHITECTURAL REVIEW PROCESS AS REQUIRED BY THE GOVERNING DOCUMENTS OF THE COMMON INTEREST COMMUNITY AND SHALL INCLUDE CONSIDERATION OF INPUT BY THE INDIVIDUALS REQUESTING APPROVAL FROM THE COMMON INTEREST COMMUNITY TO INSTALL A WIND-ELECTRIC GENERATOR.". As amended, ordered revised and placed on the calendar for Third Reading and Final Passage. Senate Journal, March 31 HB08-1270 by Representative(s) Kerr A.; also Senator(s) Tupa--Concerning the removal of restrictions on the use of energy efficiency measures in connection with real property. A majority of those elected to the Senate having voted in the affirmative, Senator Tupa was given permission to offer Third Reading amendments. Third Reading Amendment No. 1(L.029), by Senator Tupa. Amend revised bill, page 3, line 4, after the semicolon, add "OR"; strike lines 5 through 8. Reletter succeeding paragraph accordingly. The amendment was declared passed on the following roll call vote: YES 34 49NO 0 EXCUSED 0 ABSENT |