As used in this part 6, unless the context otherwise
requires:
(1) Assessment unit means an area within a district which is separately
defined for determining assessments payable pursuant to this part 6.
(1.5) Board means:
(a) The board of county commissioners of a county or city and county.
(b) Repealed.
(1.7) and (1.8) Repealed.
(2) District means the geographical division of the county or counties
within which any local improvements are made or proposed, when so declared by
resolution of the board. There may be noncontiguous parts or sections within the
same county included in one district; except that, in a district in which a sales tax is
levied, a noncontiguous part or section may only be included if the owners of any
property within such part or section petitioned to be included in the district. No
district shall include territory that is included in an undissolved district that was
formed for the same type of improvement. Notwithstanding any other provision of
this part 6 and except in the case of a district formed prior to December 31, 2002,
by a city that has been authorized to become a city and county pursuant to an
amendment to the state constitution that has been approved by the registered
electors of the state of Colorado, no district in which a sales tax is levied pursuant
to section 30-20-604.5 shall be formed that includes territory within a municipality,
and any such district shall be as compact as possible. Except as provided in section
30-20-603 (11.5)(b)(I), no district that crosses county boundaries may be formed by
intergovernmental agreement or otherwise.
(2.5) Drainage facility means any land and improvements thereon, if any,
used for the conveyance of water runoff.
(2.7) (a) Elector of the district means a person who, at the designated time
or event, is registered to vote in accordance with the Uniform Election Code of
1992, articles 1 to 13 of title 1, C.R.S., and:
(I) Who is a resident of the district or the area to be included in the district; or
(II) Who or whose spouse or civil union partner owns taxable real or personal
property within the district or the area to be included in the district whether or not
said person resides within the district.
(b) Where the owner of taxable real or personal property specified in
subparagraph (II) of paragraph (a) of this subsection (2.7) is not a natural person, an
elector of the district shall include a natural person designated by such owner to
vote for such person. Such designation shall be in writing and filed with the county
clerk and recorder. Only one such person may be designated by an owner.
(2.8) Energy efficiency improvement means an installation or modification
that is designed to reduce energy consumption in residential or commercial
buildings and includes, but is not limited to, the following:
(a) Insulation in walls, roofs, floors, and foundations and in heating and
cooling distribution systems;
(b) Storm windows and doors, multiglazed windows and doors, heat-absorbing or heat-reflective glazed and coated window and door systems,
additional glazing, reductions in glass area, and other window and door system
modifications that reduce energy consumption;
(c) Automatic energy control systems;
(d) Heating, ventilating, or air conditioning and distribution system
modifications or replacements in buildings or central plants;
(e) Caulking and weatherstripping;
(f) Replacement or modification of lighting fixtures to increase the energy
efficiency of the system without increasing the overall illumination of a residential
or commercial building unless such increase in illumination is necessary to conform
to the applicable building code for the proposed lighting system;
(g) Energy recovery systems;
(h) Daylighting systems; and
(i) Any other modification, installation, or remodeling approved as a utility
cost-savings measure by the board.
(2.9) Informational products and materials means any marketing or
advertising device used to promote the general development of business within a
district, but does not include any marketing or advertising device used to promote a
single store or company.
(3) Owner means the person holding record fee title to real property;
except that a person obligated to pay general taxes under a contract to purchase
real property shall be considered the owner thereof for the purposes of this part 6,
and in such case any other person holding record fee title to such property shall not
be considered the owner thereof.
(4) Property means all land, whether platted or unplatted, regardless of
improvements thereon and regardless of lot or land lines. Lots may be designated in
accordance with any recorded map or plat thereof and unplatted lands by any
definite description.
(4.3) Qualified community location means:
(a) If the affected local electric utility is not an investor-owned utility, an off-site location of a renewable energy improvement that:
(I) Is wholly owned, through either an undivided or a fractional interest, by
the owner or owners of the residential or commercial building or buildings that are
directly benefited by the renewable energy improvement;
(II) Provides energy as a direct credit on the owner's utility bill; and
(III) Is an encumbrance on the property specifically benefited;
(b) If the affected local electric utility is an investor-owned utility, a
community solar garden, as that term is defined in section 40-2-127 (2), or a
community geothermal garden, as that term is defined in section 40-2-127.5 (2).
(4.5) Registered elector means an elector, as defined in section 1-1-104 (12),
C.R.S., who has complied with the registration provisions of the Uniform Election
Code of 1992, articles 1 to 13 of title 1, C.R.S., and who resides within or is eligible
to vote in the county.
(4.7) (a) Renewable energy improvement means a fixture, product, system,
device, or interacting group of devices that produces energy from renewable
resources, including photovoltaic systems, solar thermal systems, small wind
systems, biomass systems, hydroelectric systems, or geothermal systems, as may
be included in the approval of the district by the board, and that either:
(I) Is installed behind the meter of a residential or commercial building; or
(II) Directly benefits a residential or commercial building through a qualified
community location.
(b) No renewable energy improvement shall be authorized that interferes
with a right held by a public utility under a certificate issued by the public utilities
commission under article 5 of title 40, C.R.S. Nothing in this part 6 limits the right of
a public utility, subject to article 3 or 3.5 of title 40, C.R.S., or section 40-9.5-106,
C.R.S., to assess fees for the use of its facilities, or modifies or expands the net
metering limitations established in sections 40-2-124 (7) and 40-9.5-118, C.R.S.
Primary jurisdiction to hear any disputes concerning whether a renewable energy
improvement interferes with such a right shall lie:
(I) In the case of a regulated utility, with the public utilities commission; and
(II) In the case of a municipally owned utility, with the governing body of such
municipality.
(c) Renewable energy improvement includes an improvement to the
efficiency of a traditional energy fixture.
(5) Street means any road or other public thoroughfare.
(6) Unincorporated area means any territory within a county which is not
within the boundaries of any municipality.