HomeMy WebLinkAbout1.20 HB11-1199 Fair Permitting ActNOTE: This bill has been prepared for the signature of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
(Coit rct
HOUSE BILL 11-1199
BY REPRESENTATIVE(S) Gardner B., Barker, Hamner, Hullinghorst,
Miklosi, Nikkel, Pabon, Priola, Schafer S., Todd;
also SENATOR(S) Bacon, Lundberg, Williams S.
CONCERNING LIMITS ON FEES FOR THE APPROVAL OF THE INSTALLATION OF
SOLAR ENERGY DEVICES.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Short title. This act shall be known and may be cited
as the "Fair Permit Act".
SECTION 2. 30-28-113 (1) (b) (II), Colorado Revised Statutes, is
amended to read:
30-28-113. Regulation of size and use - districts - repeal.
(1) (b) (II) A county may SHALL not charge permit, PLAN REVIEW, OR
OTHER fees to install an active solar energy ELECTRIC OR SOLAR THERMAL
device or system that, in aggregate, arc in cxccss of EXCEED the lesser of the
county's actual costs in issuing the permit or five hundred dollars for a
residential application or one thousand dollars for a nonresidential
application IF THE DEVICE OR SYSTEM PRODUCES FEWER THAN TWO
MEGAWATTS OF DIRECT CURRENT ELECTRICITY OR AN EQUIVALENT -SIZED
Capital letters indicate new material added to existing statutes; dashes through words indicate
deletions from existing statutes and such material not part of act.
THERMAL ENERGY SYSTEM, OR THAT EXCEED THE COUNTY'S ACTUAL COSTS
IN ISSUING THE PERMIT IF THE DEVICE OR SYSTEM PRODUCES AT LEAST TWO
MEGAWATTS OF DIRECT CURRENT ELECTRICITY OR AN EQUIVALENT -SIZED
THERMAL ENERGY SYSTEM. THE COUNTY SHALL CLEARLY AND
INDIVIDUALLY IDENTIFY ALL FEES AND TAXES ASSESSED ON AN APPLICATION
SUBJECT TO THIS SUBPARAGRAPH (II) ON THE INVOICE. The general
assembly hereby finds that there is a statewide need for certainty regarding
the fees that can be assessed for permitting an activc solar cncrgy dcvicc or
systcin SUCH DEVICES OR SYSTEMS, and therefore declares that this
subparagraph (II) is a matter of statewide concern. This subparagraph (II)
is repealed, effective July 1, X12018.
SECTION 3. 31-15-602 (4) (b), Colorado Revised Statutes, is
amended to read:
31-15-602. Energy-efficient building codes - legislative
declaration - definitions - repeal. (4) (b) (I) A municipality may SHALL
not charge permit, PLAN REVIEW, OR OTHER fees to install an active solar
cncrgy ELECTRIC OR SOLAR THERMAL device or system that, in aggregate,
EXCEED the lesser of the municipality's actual costs in
issuing the permit or five hundred dollars for a residential application or one
thousand dollars for a nonresidential application IF THE DEVICE OR SYSTEM
PRODUCES FEWER THAN TWO MEGAWATTS OF DIRECT CURRENT ELECTRICITY
OR AN EQUIVALENT -SIZED THERMAL ENERGY SYSTEM, OR THAT EXCEED THE
MUNICIPALITY'S ACTUAL COSTS IN ISSUING THE PERMIT IF THE DEVICE OR
SYSTEM PRODUCES AT LEAST TWO MEGAWATTS OF DIRECT CURRENT
ELECTRICITY OR AN EQUIVALENT -SIZED THERMAL ENERGY SYSTEM. THE
MUNICIPALITY SHALL CLEARLY AND INDIVIDUALLY IDENTIFY ALL FEES AND
TAXES ASSESSED ON AN APPLICATION SUBJECT TO THIS SUBPARAGRAPH (I)
ON THE INVOICE. The general assembly hereby finds that there is a
statewide need for certainty regarding the fees that can be assessed for
permitting : _ • : SUCH DEVICES OR
SYSTEMS, and therefore declares that this paragraph (b) is a matter of
statewide concern.
(II) This paragraph (b) is repealed, effective July 1, 211 2018.
SECTION 4. Part 1 of article 48.5 of title 24, Colorado Revised
Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
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24-48.5-113. Limit on solar device fees - repeal. (1) AN AGENCY,
INSTITUTION, AUTHORITY, OR POLITICAL SUBDIVISION OF THE STATE SHALL:
(a) NOT CHARGE PERMIT, APPLICATION REVIEW, OR OTHER FEES TO
INSTALL AN ACTIVE SOLAR ELECTRIC OR SOLAR THERMAL DEVICE OR SYSTEM
THAT, IN AGGREGATE, EXCEED:
(I) THE LESSER OF THE ACTUAL COSTS IN ISSUING THE PERMIT OR
REVIEWING THE APPLICATION OR FIVE HUNDRED DOLLARS FOR A
RESIDENTIAL APPLICATION OR TWO THOUSAND DOLLARS FOR A
NONRESIDENTIAL APPLICATION IF THE DEVICE OR SYSTEM PRODUCES FEWER
THAN TWO MEGAWATTS OF DIRECT CURRENT ELECTRICITY OR AN
EQUIVALENT -SIZED THERMAL ENERGY SYSTEM; OR
(II) THE ACTUAL COSTS IN ISSUING THE PERMIT IF THE DEVICE OR
SYSTEM PRODUCES AT LEAST TWO MEGAWATTS OF DIRECT CURRENT
ELECTRICITY OR AN EQUIVALENT -SIZED THERMAL ENERGY SYSTEM.
(b) CLEARLY AND INDIVIDUALLY IDENTIFY ALL FEES AND TAXES
ASSESSED ON AN APPLICATION SUBJECT TO THIS SUBSECTION (1) ON THE
INVOICE.
(2) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2018.
SECTION 5. Applicability. This act shall apply to fees assessed
on or after the effective date of this act.
SECTION 6. Safety clause. The general assembly hereby finds,
PAGE 3 -HOUSE BILL 11-1199
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.
Frank McNulty
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
Marilyn Eddins
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
APPROVED
Brandon C. Shaffer
PRESIDENT OF
THE SENATE
Cindi L. Markwell
SECRETARY OF
THE SENATE
John W. Hickenlooper
GOVERNOR OF THE STATE OF COLORADO
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