Summary of HB10-1328

Sponsors: Miklosi/Schwartz

Section 1 of the bill creates the Colorado new energy improvement district (district) as an independent public body corporate and a public instrumentality performing an essential public function, clarifies that, under applicable Colorado supreme court case law, the district is not subject to the provisions of the taxpayer's bill of rights, and specifies the qualifications, manner of appointment, and terms of the board of directors of the district.

Section 1 of the bill also specifies that the purpose of the district is to help provide the special benefits of new energy improvements to owners of eligible real property who voluntarily join the district by establishing, developing, financing, and administering a new energy improvement program (program) in counties that have approved the conduct of the program by the district through which the district can provide assistance to any such owner in completing a new energy improvement by providing reimbursement or a direct payment for all or a portion of the cost of completing a new energy improvement and further specifies the powers and duties of the district, including but not limited to the power to:

• Develop and implement a process by which an owner of eligible real property may join the district;
• Impose special assessments on eligible real property included in the district; and
• Issue bonds payable from the special assessments for the purpose of generating the moneys needed to make a reimbursement or a direct payment to district members for
  all or a portion of the cost of completing new energy improvements.

Section 1 of the bill also requires the public utilities commission to:

• Determine the extent to which the marketing, promotional, and other efforts of a utility for which the commission has developed demand-side management targets or goals have contributed to energy efficiency improvements funded by the district; and
• Allow a utility to count the related energy savings towards compliance with the targets or goals using any method deemed appropriate by the commission.

Section 2 of the bill requires the state auditor to conduct or cause to be conducted an annual performance audit and an annual financial audit of the district and the program and prepare and present to the legislative audit committee an annual report and recommendations on each audit conducted. Section 3 of the bill makes a conforming
amendment.

Status:

02/08/2010 Introduced In House - Assigned to State, Veterans, & Military Affairs
03/02/2010 House Committee on State, Veterans, & Military Affairs Witness Testimony and/or Committee Discussion Only
03/04/2010 House Committee on State, Veterans, & Military Affairs Refer Amended to House Committee of the Whole
03/09/2010 House Second Reading Laid Over Daily
03/10/2010 House Second Reading Laid Over to 03/12/2010
03/12/2010 House Second Reading Laid Over to 03/17/2010
03/17/2010 House Second Reading Laid Over to 03/19/2010
03/19/2010 House Second Reading Laid Over Daily
03/22/2010 House Second Reading Laid Over Daily
03/23/2010 House Second Reading Laid Over to 03/26/2010
03/26/2010 House Second Reading Passed with Amendments
03/29/2010 House Third Reading Passed
04/05/2010 Introduced In Senate - Assigned to Local Government and Energy
04/13/2010 Senate Committee on Local Government and Energy Refer Amended to Senate Committee of the Whole
04/16/2010 Senate Second Reading Laid Over Daily
04/19/2010 Senate Second Reading Passed with Amendments
04/20/2010 Senate Third Reading Laid Over Daily
04/21/2010 Senate Third Reading Passed with Amendments
04/23/2010 House Considered Senate Amendments - Result was to Laid Over Daily
04/28/2010 House Considered Senate Amendments - Result was to Concur - Repass
05/13/2010 Signed by the Speaker of the House
05/17/2010 Signed by the President of the Senate
05/17/2010 Sent to the Governor

Fiscal Notes

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