NOTE:  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.
      
      
      SENATE BILL 07-145
      
      
      BY SENATOR(S) Tupa, Fitz-Gerald, Gordon, Schwartz, Brophy, Groff,
      Morse, Renfroe, Romer, Sandoval, Shaffer, Bacon, Boyd, Johnson, Kopp,
      McElhany, Tochtrop, Veiga, Wiens, and Windels;
      also REPRESENTATIVE(S) Gibbs, Green, Carroll M., Carroll T., Fischer,
      Gardner C., Kerr A., Levy, Madden, Marostica, McFadyen, McNulty,
      Merrifield, Primavera, Stephens, Todd, Weissmann, Witwer, Butcher,
      Casso, Frangas, Hicks, Hodge, Jahn, Kefalas, Kerr J., Massey, Peniston,
      Roberts, Rose, Solano, Stafford, and Summers.
      
      
      Concerning the authority of certain local governments to offer
           incentives for the use of renewable energy fixtures, and, in
           connection therewith, enacting the "Renewable Energy
           Incentives Act".
       
      
      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 "Renewable Energy Incentives Act".
      
           SECTION 2.  Part 1 of article 11 of title 30, Colorado Revised
      Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
      
           30-11-107.3.  Incentives for installation of renewable energy
      fixtures - definitions.  (1)  Notwithstanding any law to the
      contrary, any county may offer an incentive, in the form of a
      county property tax or sales tax credit or rebate, to a residential
      or commercial property owner who installs a renewable energy
      fixture on his or her residential or commercial property.
      
           (2)  For purposes of this section, unless the context
      otherwise requires:
      
           (a)  "County" means any county or city and county.
      
           (b)  "Renewable energy fixture" means any fixture, product,
      system, device, or interacting group of devices that produce
      electricity from renewable resources, including, but not limited
      to, photovoltaic systems, solar thermal systems, small wind
      systems, biomass systems, or geothermal systems.
      
           SECTION 3.  Part 1 of article 20 of title 31, Colorado Revised
      Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
      
           31-20-101.3.  Incentives for installation of renewable energy
      fixtures - definitions.  (1)  Notwithstanding any law to the
      contrary, a governing body of any municipality may offer an
      incentive, in the form of a municipal property tax or sales tax
      credit or rebate, to a residential or commercial property owner
      who installs a renewable energy fixture on his or her residential
      or commercial property.
      
           (2)  For purposes of this section, unless the context
      otherwise requires, "renewable energy fixture" means any fixture,
      product, system, device, or interacting group of devices that
      produce electricity from renewable resources, including, but not
      limited to, photovoltaic systems, solar thermal systems, small
      wind systems, biomass systems, or geothermal systems.
      
           SECTION 4.  Effective date.  This act shall take effect at 12:01
      a.m. on the day following the expiration of the ninety-day period after final
      adjournment of the general assembly that is allowed for submitting a
      referendum petition pursuant to article V, section 1 (3) of the state
      constitution, (August 8, 2007, if adjournment sine die is on May 9, 2007);
      except that, if a referendum petition is filed against this act or an item,
      section, or part of this act within such period, then the act, item, section, or
      part, if approved by the people, shall take effect on the date of the official
      declaration of the vote thereon by proclamation of the governor.
      
      
      
      
      ____________________________  ____________________________
      Joan Fitz-Gerald                      Andrew Romanoff
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Karen Goldman                          Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Ritter, Jr.
                                    GOVERNOR OF THE STATE OF COLORADO