As used in this part 5, 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 5.
(1.5) District means the geographical division of the municipality and, in
accordance with the provisions of this part 5, the county in which such municipality
is situated, or any other municipality within such county, within which any local
improvement may be made or, when so declared by the governing body, may
include the entire municipal area. One or more noncontiguous parts or sections of
property may be included in one district.
(1.7) (a) Elector of the district means a person who, at the designated time
or event, is registered to vote in the general election in this state 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) this subsection (1.7) 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 clerk of
the municipality. Only one such person may be designated by an owner.
(1.9) 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 governing body; except that 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. The public utilities commission shall have primary jurisdiction to
adjudicate disputes as to whether a renewable energy improvement interferes with
such a right.
(2) Owner, in reference to petitions, means only persons in whom the
record fee title is vested, although subject to lien or encumbrance.
(3) Property means all land, whether platted or unplatted, regardless of
improvements thereon and regardless of lot or land lines. The term also includes
the franchise of any railroad whose tracks lie, either lengthwise or crosswise, within
any street improved under this part 5. Lots may be designated in accordance with
any recorded map or plat thereof, unplatted lands by any definite description
thereof, and franchises by the name of the corporation owning the same.
(3.5) 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) (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 authorized by the governing body, 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 5 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 section 40-9.5-118, C.R.S. The public utilities
commission has primary jurisdiction to adjudicate disputes as to whether a
renewable energy improvement interferes with such a right.