Local Government Renewable Energy Development Fee
A renewable energy project developer (facility owner) that intends to undertake a project to build a renewable energy facility (renewable energy project) may currently submit an application for land use approval from the renewable energy project to a local government. However, current law does not specify what process a local government may use to charge fees or set a timeline for the local government to make a final decision regarding land use approval for the renewable energy project. The bill specifies that control over the specifics of the application process rests with the local government. The local government may establish fees for an application for a renewable energy project and may offer two independent tracks for the application based on the fee the facility owner pays. The standard track allows a facility owner to pay a lower fee, but does not guarantee a specific timeline for the local government to issue a final decision on the application. The expedited track allows a facility owner to pay an additional fee, with an agreement that if the local government takes longer than 120 days, minus any permitted tolling periods, a percentage of the higher fee will be refunded. The bill gives local governments authority to contract with third-party technical reviewers to review the application for a final decision. The bill also requires a facility owner to pay a success fee to the local government upon final approval of the project, based on the amount of time between receipt of the application and when the project is approved, to be used by the local government for expenses related to regulating renewable energy facilities and maintaining local roads impacted by facility construction.(Note: This summary applies to this bill as introduced.)
How representatives voted
8 yea·1 nay
- Marc CatlinYEA
State Senator · Republican · CO
- Lisa CutterYEA
State Senator · Democratic · CO
- Tony ExumYEA
State Senator · Democratic · CO
- Byron PeltonYEA
State Senator · Republican · CO
- Kyle MullicaYEA
State Senator · Democratic · CO
- Matt BallYEA
State Senator · Democratic · CO
- Mark BaisleyYEA
State Senator · Republican · CO
- William LindstedtYEA
State Senator · Democratic · CO
- Tom SullivanNAY
State Senator · Democratic · CO
Action history
- 4/29/2026Senate Committee on Transportation & Energy Refer Amended to Senate Committee of the Whole
- 2/6/2026Introduced In Senate - Assigned to Transportation & Energy