Colorado Code § 36-1-147.5

Leasing arrangements for renewable energy resources development - legislative declaration - definitions
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(1) The general assembly hereby finds and declares that
some of the public lands under the direction, control, and disposition of the state board of land
commissioners are viable for development of renewable energy resources and therefore are of
unique economic value to the state for the funding of public schools.
(2) As used in this section, unless the context otherwise requires:
(a) "Biomass" means:
(I) Nontoxic plant matter consisting of agricultural crops or their by-products, urban
wood waste, mill residue, slash, or brush;
(II) Animal wastes and products of animal wastes; or
(III) Methane produced at landfills or as a by-product of the treatment of wastewater
residuals.
(b) "Renewable energy resources" means energy derived from solar, wind, geothermal,
biomass, and hydroelectricity. A fuel cell using hydrogen derived from these eligible resources is
also an eligible electric generation technology. Fossil and nuclear fuels and their derivatives are
not eligible resources.
(3) (a) The state board of land commissioners shall examine property currently under the
direction, control, and disposition of the board to identify land suitable and appropriate for
development of renewable energy resources. In identifying such property, the board shall
collaborate with the national renewable energy laboratory, university of Colorado, Colorado
state university, and Colorado school of mines. The board shall also work with federal land
management agencies to pursue any state and federal collaboration for the development of
renewable energy resources.
(b) and (c) Repealed.
(4) The state board of land commissioners shall collaborate with the Colorado energy
office created in section 24-38.5-101, C.R.S., to ensure that potential renewable energy resource
developers are aware of any lands identified by the board as being suitable for development of
renewable energy resources.
(5) The state board of land commissioners may lease any portion of the land of the state,
or any interest therein, for the purposes of developing renewable energy resources at a rental to
be determined by the board, except as provided in sections 36-1-113, 36-1-118, and 36-1-147.
(6) The leasing arrangements for renewable energy resources development authorized by
subsection (5) of this section shall include provisions for:
(a) Royalties on the energy produced through the renewable energy resources; and
(b) The protection of the environment, including but not limited to wildlife habitat, air
quality, ground and surface water quality, and land surface.
(7) All existing leases on state lands for the development of renewable energy resources
are hereby validated as though they had been issued pursuant to the authority of this section.

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