1. (1) Legislative declaration. The general assembly finds, determines, and declares that the regulation of building performance is a matter of statewide concern because:

   1. (a) As of 2020, buildings represented a significant source of greenhouse gas pollution in the state of Colorado;
   2. (b) Energy consumption and greenhouse gas emissions associated with a building produce impacts far beyond its walls and the boundaries of the local government within which the building is located, including costs to utility ratepayers for increased energy production, community health costs associated with air pollution, and broader societal costs of anthropogenic climate change;
   3. (c) Many building owners have made proactive efforts to reduce the energy use and greenhouse gas emissions of their buildings, yet more remains to be done to help the state meet its greenhouse gas reduction goals;
   4. (d) Building tenants that pay energy bills often lack the ability to implement building upgrades that could improve performance, reduce emissions, and reduce those costs;
   5. (e) The commission has both the statutory authority and obligation to require a reduction of greenhouse gas emissions in the state in every sector including buildings;

   6. (f)

      1. (I) Benchmarking and building performance standards will support job growth in Colorado. According to the United States Climate Alliance, before January 1, 2020, the fastest growing clean energy industries in Colorado included:

         1. (A) Traditional heating, ventilation, and air conditioning, totaling ten thousand four hundred thirty-eight jobs; and
         2. (B) Energy Star and efficient lighting, totaling eleven thousand one hundred fifty-six jobs.
      2. (II) Additionally, analysis conducted by Advanced Energy Economy identified more than sixty thousand advanced energy jobs in Colorado, with more than fifty percent of those jobs in energy efficiency.

   7. (g) The state of Colorado provides many low- and no-cost options for Colorado property owners to finance building performance improvements, including:

      1. (I) Property-assessed clean energy financing that the Colorado new energy improvement district created in section 32-20-104 provides, whereby qualifying energy efficiency and renewable energy improvements are paid back via an assessment on annual property taxes; and
      2. (II) Performance contracting, whereby improvements are paid for by contractually guaranteed savings from efficiency upgrades;
   8. (h) Many public utilities in the state also provide technical assistance and financial incentives to help property owners implement building performance improvements; and

   9. (i) It is in the interest of the state to:

      1. (I) Establish a program to help Colorado citizens understand and track energy use and greenhouse gas emissions from large buildings; and
      2. (II) Develop performance standards necessary to meet state greenhouse-gas-emission-reduction goals.

      3. (1.5) The general assembly further finds and declares that:

         1. (a) Energy consumption by Colorado's built environment, including large commercial and residential properties, is a significant contributor to statewide greenhouse gas pollution;
         2. (b) Reducing the greenhouse gas emissions arising from energy consumption by the built environment is necessary to achieve the 2050 net-zero greenhouse gas emission reduction goal set forth in section 25-7-102 (2)(g);
         3. (c) The commission satisfied the objectives set forth in subsections (8)(a)(II) and (8)(c)(II) of this section by adopting benchmarking and performance standard rules in August 2023; and
         4. (d) In implementing the requirements of this section and the commission's rules adopted pursuant to this section, the division should, consistent with section 25-7-122 (2), consider an owner's effort to comply with building performance standards when implementing enforcement and assessing penalties pursuant to section 25-7-122 and this section.

2. (2) Definitions. As used in this section, unless the context otherwise requires:

   1. (a) Aggregated data means electric or gas meter data from which any unique identifier or other personal information has been removed and that a qualifying utility collects and aggregates in at least monthly intervals for an entire covered building.
   2. (b) Aggregation threshold means, for each qualifying utility, the minimum number of customer accounts associated with a covered building for which the qualifying utility may provide the owner of the covered building with aggregated data upon request without requiring each customer's consent to have the customer's energy-use data accessed or shared.

   3. (b.5)

      1. (I) Agricultural building means a building or structure used to house agricultural implements, hay, unprocessed grain, poultry, livestock, or other agricultural products or inputs primarily for the purpose of maintaining or operating an agricultural process.
      2. (II) Agricultural implements include agricultural equipment as described in section 39-3-122.
      3. (III) Agricultural implements do not include implements that are primarily for rent or sale.
      4. (c) Benchmark means to input benchmarking data into a benchmarking tool to measure and assess the energy performance and greenhouse gas pollution for a covered building for the reporting year.
      5. (d) Except as the commission may modify by rule pursuant to subsection (7) of this section, benchmarking data means the information related to a covered building that is input into or calculated by a benchmarking tool and includes, at a minimum:

      6. (I) A physical description of the covered building and descriptions of its operational characteristics, including:

         1. (A) The name of the covered building, if any;
         2. (B) The address of the covered building;
         3. (C) The primary uses of the covered building;
         4. (D) The covered building's gross floor area; and
         5. (E) The years in which the covered building has been certified by Energy Star and the most recent date of certification, if applicable; and

      7. (II) Data generated by the benchmarking tool, including:

         1. (A) The Energy Star score, if available;
         2. (B) Monthly energy use by fuel type;
         3. (C) Site and source energy-use intensity;
         4. (D) Weather-normalized site and source energy-use intensity;
         5. (E) Confirmation that data quality has been checked;
         6. (F) Annual maximum electricity demand, in kilowatts;
         7. (G) If available for reporting through the benchmarking tool, monthly peak electricity demand; and
         8. (H) Greenhouse gas emissions, including total, indirect, and direct emissions.
         9. (e) Except as the commission may modify by rule pursuant to subsection (7) of this section, benchmarking tool means the Energy Star Portfolio Manager® or a successor online resource used to track and assess the performance of certain properties relative to similar properties.
         10. (f) Biomedical research laboratory means a scientific laboratory used to conduct research relating to both biology and medicine.

         11. (g)

             1. (I) Campus means a collection of two or more buildings that are owned and operated by the same person and that have a shared purpose and function as a single property.
             2. (II) Campus includes two or more of the buildings that comprise the capitol complex.
         12. (h) Colorado energy office or office means the Colorado energy office created in section 24-38.5-101.

         13. (i) Correctional facility means:

             1. (I) A correctional facility, as defined in section 17-1-102 (1.7);
             2. (II) A private contract prison, as defined in section 17-1-102 (7.3);
             3. (III) A local jail, as defined in section 17-1-102 (7);
             4. (IV) A municipal jail, as authorized in section 31-15-401 (1)(j); and
             5. (V) A juvenile detention facility governed by part 15 of article 2.5 of title 19.

         14. (j)

             1. (I) Except as the commission may modify by rule pursuant to subsection (7) of this section, covered building means a building comprising a gross floor area of fifty thousand square feet or more that is occupied by a single occupant or group of tenants.

             2. (II) Covered building does not include:

                1. (A) A storage facility, stand-alone parking garage, or airplane hangar that lacks heating and cooling;
                2. (B) A building in which more than half of the gross floor area is used for manufacturing or industrial purposes;
                3. (C) A single-family home, duplex, or triplex; or
                4. (D) An agricultural building.
         15. (k) Energy Star means the federal program authorized by 42 U.S.C. sec. 6294a, as amended, to help customers, businesses, and industry save money and protect the environment through the adoption of energy-efficient products and practices.
         16. (l) Energy Star score means the one-to-one-hundred numeric rating generated by the Energy Star Portfolio Manager® as a measurement of a building's energy efficiency.
         17. (m) Energy-use intensity means a building's energy use, expressed as total site energy use per square foot per year.

         18. (n) Financial hardship means that a property is experiencing at least one of the following conditions:

             1. (I) The property has been included on a city's, county's, or city and county's annual tax lien sale list within the previous two years;
             2. (II) The property is an asset subject to a court-appointed receiver that controls the asset due to financial stress;
             3. (III) The property is owned by a financial institution as a result of a default by a borrower;
             4. (IV) The property has been acquired by a deed in lieu of foreclosure;
             5. (V) The property is the subject of a senior mortgage subject to a notice of default; or
             6. (VI) Due to the governor declaring a disaster emergency pursuant to section 24-33.5-704 (4), the property, in at least two of the previous five years, generated annual rental income or revenue that totals sixty percent or less of the five-year average immediately preceding the disaster emergency declaration.
         19. (o) Greenhouse gas has the meaning set forth in section 25-7-140 (6).
         20. (p) Gross floor area means the total building area, as measured from the outside surface of each exterior wall of the building, including above-grade and below-grade space.
         21. (q) Local government means a statutory or home rule municipality, county, or city and county.

         22. (q.5) Operator means an owner, tenant, or other individual or entity:

             1. (I) Occupying or named on the utility bill for a covered building; and
             2. (II) That has access to utility data for the covered building.
             3. (r) Owner means a person possessing title to a property or the person's designated agent.
             4. (s) Performance standards means standards that the commission establishes by rule pursuant to subsection (8)(c) or (8.5)(a) of this section and with which owners of covered buildings are required to comply.

             5. (t) Public building means a covered building owned by:

                1. (I) The state;
                2. (II) A local government;
                3. (III) A district or special district regulated under title 32;
                4. (IV) A state institution of higher education;
                5. (V) A private institution of higher education as defined in section 23-18-102 (9);
                6. (VI) A school district created pursuant to article 30 of title 22; and
                7. (VII) A charter school authorized pursuant to part 1 of article 30.5 of title 22.

             6. (u) Qualifying utility means:

                1. (I) An electric or gas utility with five thousand or more active commercial and industrial service connections, accounts, or customers in the state, including:

                   1. (A) An investor-owned electric or gas utility;
                   2. (B) A cooperative electric association; or
                   3. (C) A municipally owned electric or gas utility; or
                2. (II) A natural gas supplier with five or more active commercial or industrial connections, accounts, or customers in the state.

             7. (v) State institution of higher education:

                1. (I) Has the meaning set forth in section 23-1-108 (7)(g)(II);
                2. (II) Includes the Auraria higher education center, governed pursuant to article 70 of title 23; and
                3. (III) Does not include a biomedical research laboratory.
             8. (w) Tenant means a person that, pursuant to a rental or lease agreement, occupies or holds possession of a building or part of a building or premises.
             9. (x) Unique identifier means a customer's contact information displayed on a utility bill such as the customer's name, mailing address, telephone number, or email address.
             10. (y) Utility customer means the building owner or tenant listed on the utility's records as the customer liable for payment of the utility service or additional charges assessed on the utility account.
3. (3) Benchmarking requirements on owners and operators. (a) Notwithstanding the rules that the commission adopted before July 2025, beginning in 2026 for 2025 benchmarking data and for each subsequent year, the owner of a covered building shall submit a report of the benchmarking data for the previous calendar year to the office on or before November 1.
4. (b) Notwithstanding subsection (3)(a) of this section, beginning in 2025 for 2024 benchmarking data and for each subsequent year, if an owner of a covered building demonstrates to the office that it lacks access to benchmarking data, the operator of the covered building shall, on or before November 1 of each year, submit to the office a report of the benchmarking data for the covered building for the previous calendar year.
5. (c) Before providing a benchmarking report pursuant to subsection (3)(a) of this section, an owner of a covered building or operator shall run any automated data checking function of the benchmarking tool and correct any errors discovered.

6. (d) The following owners and operators may comply with this subsection (3) collectively at the campus-wide level:

   1. (I) The owner or operator of multiple covered buildings that are part of a master metered group of buildings without submetering;
   2. (II) The owner or operator of a correctional facility; and
   3. (III) The owner or operator of a public building that is a covered building.

   4. (4) Utility data requirements. (a) On or before June 1, 2022, a qualifying utility shall:

      1. (I) Establish an aggregation threshold that is four or fewer utility customer accounts;
      2. (II) Publish its aggregation threshold on its public website; and
      3. (III) Upon request of an owner of a covered building, begin providing energy-use data to the owner.

      4. (b) Energy-use data that a qualifying utility provides an owner pursuant to this subsection (4) must be:

         1. (I) Available on, or able to be requested through, an easily navigable web portal or online request form using up-to-date standards for digital authentication, including single one-time passwords or multi-factor authentication;

         2. (II) Provided to the owner within:

            1. (A) Ninety days after receiving the owner's valid written or electronic request if the request is received in 2022;
            2. (B) Thirty days after receiving the owner's valid written or electronic request if the request is received in 2023 or later;
         3. (III) Directly uploaded to the owner's benchmarking tool account, delivered in the spreadsheet template specified by the benchmarking tool, or delivered in another format approved by the office;
         4. (IV) Provided to the owner on at least an annual basis until the owner revokes the request for energy-use data or sells the covered building;
         5. (V) Provided in accordance with this subsection (4), regardless of whether the owner is named on the utility account for the covered building; and
         6. (VI) If the qualifying utility is an investor-owned utility, provided in accordance with the public utilities commission's rules concerning customer data and personally identifying information.

      5. (c) For covered buildings that do not meet the qualifying utility's aggregation threshold, and thus require utility customer consent to access or share energy-use data, the consent:

         1. (I) May be in written or electronic form;
         2. (II) May be provided in a lease agreement provision;
         3. (III) Is valid until the utility customer revokes it; and
         4. (IV) Is not required if a utility customer vacates the covered building before explicitly denying the owner consent to access and share the utility customer's energy-use data.
      6. (d) To meet the requirements of this subsection (4), a qualifying utility that is not an investor-owned utility may seek and use grant funding from the Colorado clean energy fund, a nonprofit corporation, or the energy fund created in section 24-38.5-102.4 (1)(a)(I).

   5. (5) Benchmarking waivers and extensions of time. (a) An owner of a covered building may seek a waiver from the benchmarking requirements set forth in subsection (3) of this section if the owner submits documentation to, and receives approval from, the office, which documentation establishes that the covered building has met one or more of the following conditions for the calendar year to be benchmarked:

      1. (I) The covered building was unoccupied for at least thirty consecutive days of the year;
      2. (II) A demolition permit was issued for the entire covered building;
      3. (III) The covered building met one or more of the conditions for financial hardship;
      4. (IV) The covered building does not meet a qualifying utility's aggregation threshold, one or more of the utility customers refused to provide the owner with permission to access the utility customer's relevant energy-use data, the owner provides proof to the office that it requested permission from the utility customer or utility customers withholding consent at least thirty days before the benchmarking report was due, and the owner submits a plan to include an energy-use data sharing permission provision in the next lease renewal; or
      5. (V) The covered building has four or more utility customers, is not located within a qualifying utility's service territory, and the owner is unable to get aggregated data from the utility that serves the covered building.
      6. (b) An owner of a covered building may request a time extension from the office to submit a benchmarking report if the owner submits documentation to the office demonstrating that, despite the owner's good-faith effort, the owner was unable to complete the benchmarking report in a timely manner because of the failure or refusal of a qualifying utility or a utility customer to provide the necessary information or permission, as applicable.
      7. (c) The office shall notify the division of all approved waivers and extensions of time, the approval of which is solely within the office's discretion.
      8. (d) Pursuant to subsection (7) of this section, the commission may, by rule, modify the requirements for obtaining a waiver or extension of time pursuant to this subsection (5).

   6. (6) Requirements upon sale or lease of a covered building. (a) At the time of listing a covered building or a portion of a covered building for sale or lease, the owner of the covered building shall furnish an electronic copy of reported benchmarking data from the previous calendar year or from the most recent twelve-month period of continuous occupancy to the following:

      1. (I) Prospective buyers or lessees;
      2. (II) Any brokers, as defined in section 12-10-201 (6), who make inquiry about the property; and
      3. (III) Major commercial real estate listing services on which the property is listed.
      4. (b) Upon receipt of the benchmarking data, a commercial real estate listing service that lists properties in the state shall include in the property's listing, at a minimum, the property's Energy Star score, if applicable, and the property's energy-use intensity.
      5. (c) If a covered building changes ownership, the former owner shall make available to the new owner the energy-use data; utility customer consent documentation, if any; and any other information about the property that is necessary to benchmark the covered building. The former owner shall transfer to the new owner both the record representing the covered building within the benchmarking tool and the request to a qualified utility for aggregated data. The new owner may request and receive from a qualifying utility the aggregated data necessary to fulfill benchmarking reporting requirements.

   7. (7) Benchmarking rules. The commission may promulgate rules to implement the benchmarking program set forth in this section. Additionally, the commission may, by rule, modify the following:

      1. (a) The provisions regarding waivers and extensions of time set forth in subsection (5) of this section;

      2. (b) The definition of benchmarking data, but only if the modified definition concerns data that:

         1. (I) Is capable of being recorded by the benchmarking tool; and
         2. (II) Includes the greenhouse gas emissions, the Energy Star score, if applicable, and energy-use intensity;
      3. (c) The benchmarking tool that owners are required to use to benchmark;
      4. (d) Data verification requirements; and
      5. (e) After June 1, 2029, the minimum gross floor area included in the definition of covered building.
   8. (8) Rules. (a) and (b) Repealed.
   9. (c)
   10. (I) and (II) Repealed.
   11. (III) The commission shall not adopt rules to rescind or modify the exemptions for owners of public buildings from payment of the annual fee, as set forth in section 24-38.5-112 (1)(e)(II); from payment of the building decarbonization fee, as set forth in section 24-38.5-125 (5)(b); or from payment of civil penalties, as set forth in section 25-7-122 (1)(i).
   12. (IV) The commission shall, as necessary, adopt rules to modify or continue the performance standards until 2050 in order to achieve or exceed greenhouse gas emission reduction targets set forth in section 25-7-102 (2)(g).
   13. (d) to (f) Repealed.
   14. (8.5) 2040 performance standard targets - division to propose standards - commission to adopt rules - task force - membership - repeal. (a) (I) To help achieve or exceed greenhouse gas emission reduction targets pursuant to subsection (8)(c)(IV) of this section, the commission shall adopt, by rule, 2040 performance standards in accordance with section 25-7-102 (2)(g).
   15. (II) On or before June 1, 2029, the division, after consultation with the office, shall consider recommendations from the task force created pursuant to subsection (8.5)(c) of this section and shall propose 2040 performance standards to the commission for consideration in the rules adopted pursuant to subsection (8.5)(a)(I) of this section.

   16. (b) The division, in proposing 2040 performance standards, and the commission, in adopting 2040 performance standards, shall consider whether targets that are included in the 2040 performance standards to reduce emissions from covered buildings are consistent with meeting the economy-wide emission reduction goals set forth in section 25-7-102 (2)(g), taking into consideration:

       1. (I) The capital planning periods for covered buildings;
       2. (II) The feasibility of an owner planning and implementing a building upgrade project ahead of the compliance date for the 2040 performance standards that the commission sets by rule pursuant to subsection (8.5)(a)(I) of this section; and
       3. (III) That all rules that the commission adopts must be technologically feasible and economically reasonable pursuant to the requirements set forth in section 25-7-102 (1).

   17. (c)

       1. (I) On or before July 1, 2027, the director of the office shall appoint and convene a task force. The task force shall review the benchmarking data submitted for calendar years 2021 through 2026 and, on or before July 1, 2028, develop and provide recommendations to the division regarding the 2040 performance standards.

       2. (II) As part of the recommendations developed pursuant to subsection (8.5)(c)(I) of this section, the task force shall consider:

          1. (A) The economy-wide emission reduction goals set forth in section 25-7-102 (2)(g);
          2. (B) The capital planning periods for covered buildings and the feasibility of an owner planning and implementing a building upgrade project ahead of the compliance date;
          3. (C) Whether the building performance program should allow a covered building owner to meet performance targets through the implementation of energy efficiency improvements or other eligible measures;
          4. (D) Improvements that materially advance compliance with the performance standards and avoid premature replacement of equipment that remains within its useful service life;
          5. (E) The establishment of individualized compliance pathways, including the ability of the office to enter into agreements with covered building owners to define alternative compliance metrics and schedules that are consistent with operational necessity and that avoid unnecessary financial burdens; and
          6. (F) Elements from prior rules regarding building performance standards, which rules may require revision. The task force shall make recommendations regarding any rule revisions that it believes are necessary.

   18. (d) The task force consists of the following members, all of whom, except the representatives of the office, the public utilities commission, and the division, are voting members:

       1. (I) The director of the office or the director's designee;
       2. (II) The director of the division or the director's designee;
       3. (III) The director of the public utilities commission or the director's designee;
       4. (IV) One member who is an owner of commercial covered buildings or who represents owners of commercial covered buildings;
       5. (V) One member who is an owner of a multifamily residential covered building or who represents owners of multifamily residential covered buildings;
       6. (VI) One member who represents an affordable housing organization;
       7. (VII) One member who has direct experience in, or is a member of an organization representing workers in, mechanical, HVAC, or electrical work at the commercial or multifamily building level;
       8. (VIII) One member who represents architects;
       9. (IX) One member who represents professional engineers and who has experience working on systems for buildings;
       10. (X) One member who has extensive experience as a building operating engineer;
       11. (XI) One member who represents an electric utility, a gas utility, or a combined electric and gas utility;
       12. (XII) One member who is from an environmental conservation or environmental justice group with experience in energy efficiency or the built environment;
       13. (XIII) One member who is from a local government that has enacted or adopted a benchmarking or building energy performance ordinance or resolution;
       14. (XIV) Three members who have relevant building performance expertise, as determined by the director of the office;
       15. (XV) One member representing hospitals or other health-care facilities; and
       16. (XVI) One member who is a representative of a mixed-use commercial office.
   19. (e) An individual applying to serve on the task force must submit a recommendation from a member of the group that the individual seeks to represent on the task force or, if a trade organization exists that represents the group, a recommendation from the trade organization.
   20. (f) In making appointments to the task force, the director of the office shall strive to ensure varied geographic representation.
   21. (g) The task force shall conduct a comprehensive economic analysis of its recommendations for the 2040 performance standards prior to providing the recommendations to the division.

   22. (8.6) Notwithstanding any rules that the commission adopts pursuant to this section before July 1, 2025:

       1. (a)

          1. (I) An owner of a covered building that meets its performance standards using the standard percentage reduction building performance pathway, as established by rule of the commission, may use 2019 benchmarking data as an alternate baseline if the owner submits complete and accurate 2019 benchmarking data to the office no later than November 1, 2027;

          2. (II) An owner of a covered building located within the jurisdiction of a local government that has adopted and implemented a building performance standards program or other similar program intended to reduce greenhouse gas emissions from covered buildings is deemed in compliance with this section and rules adopted by the commission pursuant to this section by complying with the requirements of the local program if:

             1. (A) The owner of the covered building maintains compliance with the local program and certifies its affirmative compliance status by submitting an affidavit, which affidavit attests that the covered building meets the requirements of the local program, in annual benchmarking reports submitted to the office; and
             2. (B) The office has determined that the greenhouse gas emission reductions from covered buildings complying with the local program are reasonably similar to the greenhouse gas emission reductions that would have been achieved through compliance with performance standards established under this section;
          3. (III) A local jurisdiction that has adopted and implemented a building performance standards program may issue a certification or report to the office confirming which covered buildings are in compliance with the program; and
          4. (IV) Decisions made by the office regarding equivalence pursuant to subsection (8.6)(a)(II)(B) of this section are subject to judicial review pursuant to section 24-4-106.

       2. (b)

          1. (I) Notwithstanding subsection (8.6)(a) of this section and any rules adopted by the commission before July 1, 2025, an owner may either comply with the 2026 performance standards or track its progress toward compliance by submitting benchmarking reports in accordance with subsections (3) and (8.6)(b)(II) of this section.

          2. (II) Beginning with the 2025 benchmarking reports submitted in 2026, and each year thereafter, a covered building owner or operator shall, as part of its benchmarking reports submitted to the office:

             1. (A) Respond to any standard progress-related questions included in the benchmarking form to help assess whether the building is on a path toward future compliance;
             2. (B) Indicate whether technical assistance or guidance from the office would be helpful; and
             3. (C) Provide any additional nonproprietary information requested by the office that is relevant to understanding implementation trends or common barriers to compliance.
          3. (III) The reports required under subsection (8.6)(b)(II) of this section must include only answers to the questions that are minimally necessary to assess the covered building owner's progress toward the performance standard targets.
          4. (IV) Any rules the commission adopted before July 1, 2025, that impose additional compliance obligations upon a covered building owner that fails to timely meet a building performance standard do not apply until 2031 for the 2030 building performance standards.

          5. (V) The office shall prioritize any grant money that is made available for owners of covered buildings:

             1. (A) That comply with or establish plans to go beyond the 2026 performance standards; or
             2. (B) That comply with the 2030 performance standard early or establish plans to go beyond the 2030 performance standards.
          6. (VI) Nothing in this subsection (8.6)(b) precludes or modifies the division's authority to enforce against an owner of a covered building for noncompliance with 2030 performance standards or performance standards set for subsequent years.
          7. (8.7) Notwithstanding the requirements of subsection (8)(a)(II) of this section or rules adopted pursuant to that subsection, subsection (8.6) of this section is necessary for covered buildings to effectively implement the performance standards. The commission is not required to revise rules that were adopted pursuant to this section before July 1, 2025.

          8. (8.8)

             1. (a) Energy use that a covered building owner demonstrates is attributable to electric vehicle charging shall not be included in a covered building's total energy usage for purposes of compliance with building performance standards.

             2. (b) A covered building owner may, after consultation with the office, request documentation demonstrating that:

                1. (I) The covered building is in current compliance with the commission's rules adopted in accordance with this section; and
                2. (II) The covered building is on a path toward meeting upcoming compliance obligations, based on the performance standards, conditions, and building-specific plans that are in effect at the time of the covered building owner's request.
             3. (c) Consistent with rules adopted by the commission, the office shall develop guidance concerning individualized target and compliance guidelines for covered building owners that demonstrate a significant increase in energy use due to the expansion of a data center or telecommunications operation. A covered building owner's individualized energy efficiency target can reflect increased electricity consumption over time from a data center or telecommunications operation if all cost-effective energy efficiency and electrification measures have been performed. Consistent with rules adopted by the commission regarding timelines and adjustments for building performance standard targets, individualized targets and compliance timelines may be adjusted multiple times based on the evolving growth of energy consumption by the covered building.

             4. (9) Saving clause. This section does not restrict:

                1. (a) The ability of a qualifying utility to provide incentives or other energy efficiency program services for covered buildings;
                2. (b) The ability of an investor-owned utility to take credit, as deemed appropriate by the public utilities commission, for energy or greenhouse gas emission savings achieved for covered buildings;
                3. (c) The ability of a qualified utility to set an aggregation threshold that is less than four; or
                4. (d) A local government from adopting or implementing an ordinance or resolution that imposes more stringent benchmarking or performance standard requirements.
             5. (10) Agricultural buildings exempted from benchmarking requirements. (a) An owner of an agricultural building may submit for an affirmative exemption from any requirement to report benchmarking data.
             6. (b) An owner of an agricultural building may submit for an exemption to remain valid until there is a change in ownership or a change that renders the building no longer an agricultural building.
             7. (c) For the duration of any exemption, an owner of an agricultural building shall certify, upon request, the exemption status of any building for which an exemption has been granted.

Source: L. 2021: Entire section added, (HB 21-1286), ch. 326, p. 2070, § 1, effective September 7. L. 2022: (2)(i)(V) amended, (SB 22-212), ch. 421, p. 2980, § 61, effective August 10. L. 2023: IP(8)(c)(I) and IP(8)(c)(II) amended, (SB 23-016), ch. 165, p. 734, § 6, effective August 7. L. 2025: (1.5), (2)(q.5), (8.5), (8.6), (8.7), and (8.8) added and (2)(s), (3), (8)(c)(III), and (8)(f) amended, (HB 25-1269), ch. 216, p. 978, § 3, effective May 20; (2)(b.5), (2)(j)(II)(D) and (10) added and (2)(j)(II)(B) and (2)(j)(II)(C) amended, (SB 25-039), ch. 37, p. 182, § 1, effective August 6.

Editor's note: (1) Subsection (8)(f) was amended in HB 25-1269, effective May 20, 2025. For the amendments in HB 25-1269 in effect from May 20, 2025, to July 1, 2025, see chapter 216, Session Laws of Colorado 2025. (L. 2025, p. 978.)

(2) Subsection (8)(f) provided for the repeal of subsections (8)(a), (8)(b), (8)(c)(I), (8)(c)(II), (8)(d), (8)(e), and (8)(f), effective July 1, 2025. (See L. 2025, p. 978.)

(3) Section 10 of chapter 216 (HB 25-1269), Session Laws of Colorado 2025, provides that the act changing this section applies to conduct occurring on or after May 20, 2025.