Do you own a commercial building subject to energy efficiency standards established under HB25-1269?  If your property is 50,000 s.f or greater, you might.
 
On January 13, 2026, there will be hearing before the Building Decarbonization Enterprise Board to consider an annual fee $400 assessed to all covered building owners to support administration of the 2040 performance standards adopted by the Colorado Air Quality Control Commission.
 
Affected property owners can request the Energy Office conduct and submit a cost-benefit analysis of the proposed fee prior to adoption.  The program itself remains unaffected by this hearing.
 
If you wish to submit evidence of how such a fee would negatively impact your business or property, complete the form HERE.  You will need to include reference to Rule Number 8 CCR 1501-13.  You may also attend the hearing to submit your request.  Written comments must be submitted by Sunday, November 30, 2025.
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ORA Regulatory Notice: Colorado Energy Office – Notice of Permanent Rulemaking

Dear Stakeholder:
The Office of the Governor – Colorado Energy Office will be holding a rulemaking hearing on Tuesday, January 13th, 2026, 9:00 am on rules regarding Notice of Permanent Rulemaking. The hearing will be held at: Virtual – Zoom, Virtual – Zoom CO 80202.

The purpose of this rulemaking is:

Pursuant to section 24-4-103, C.R.S., this is a Notice of Proposed Rulemaking Hearing before Building Decarbonization Enterprise Board for consideration of assessing and imposing the Building Decarbonization Fee. The Board is establishing the Fee Rule to address the requirements of Senate Bill 25-1269.

If you believe there will be a significant negative impact on small business, job creation or economic competitiveness, you may request that the Department of Regulatory Agencies require the rulemaking agency to prepare a cost-benefit analysis of a proposed rule or amendment. This request must be made to the Department of Regulatory Agencies by Sunday, November 30th, 2025.

You may also submit comments directly to the rulemaking agency for the agency’s consideration during the upcoming rulemaking hearing.

We hope this information is helpful to you. Thank you for taking the time to participate in the rulemaking process.

Brian Tobias
Director
Colorado Office of Policy, Research and Regulatory Reform