Agricultural Buildings Exempt from Energy Use Requirements
Summary
SB 25-039 creates a specific exemption from Colorado’s energy benchmarking and energy-use reporting requirements for agricultural buildings. The bill defines an “agricultural building” as a structure used to house agricultural implements, hay, unprocessed grain, poultry, livestock, or other agricultural products or inputs primarily to support an agricultural process, and clarifies that agricultural implements include agricultural equipment but not equipment primarily held for rent or sale.
The bill amends the state’s existing benchmarking statute to exclude agricultural buildings from the definition of “covered building.” It also allows owners of agricultural buildings to apply for an affirmative exemption from reporting benchmarking data, with the exemption remaining valid until there is a change in ownership or the building is no longer an agricultural building. Owners must certify exemption status upon request during the exemption period.
Impact
The bill narrows the reach of Colorado Revised Statutes section 25-7-142 by removing agricultural buildings from energy benchmarking and data-reporting obligations. As a result, owners of qualifying agricultural structures are relieved from compliance costs and administrative reporting duties that apply to covered buildings under the state’s energy-use disclosure framework. The measure also creates an ongoing exemption process and certification requirement for exempt properties, affecting both building owners and the state agencies or utilities involved in benchmarking enforcement and data collection.
Sentiment
The bill appears to have broad bipartisan support and little visible opposition. It passed the Senate and House committee and floor votes unanimously, including 6-0 in Senate committee, 33-0 on Senate third reading, 13-0 in House committee action, 12-0 in House committee referral, and 59-0 on House third reading. The vote pattern suggests the measure was viewed as a targeted, noncontroversial clarification for the agricultural sector.
Contention
No major contention is reflected in the available transcripts or voting history. The only likely policy issue is whether agricultural buildings should be treated differently from other commercial or industrial structures under energy reporting law, with supporters evidently favoring relief for farm-related facilities due to their specialized use and limited relevance to benchmarking requirements. The unanimous votes indicate that any concerns about reduced reporting coverage or enforcement burden were not significant enough to generate recorded opposition.