C.R.S. § 40-3.2-104.6 — CO Code / Title 40 / Article 3.2 / Part 1 / Section 40-3.2-104.6
40-3.2-104.6. Commission study on beneficial electrification - repeal
Status: repealed

40-3.2-104.6. Commission study on beneficial electrification - repeal. (1) On or before January 1, 2024, the commission shall conduct a study to be completed no later than March 15, 2024, examining existing investor-owned electric utility tariffs and interconnection policies and practices to determine:

(a) If the tariffs, policies, and practices pose a barrier to the beneficial electrification of transportation and buildings and the offsetting of that energy use with distributed energy resources;

(b) If the application of traditional cost-causation and cost-recovery principles pose a barrier to such beneficial electrification and the offsetting of that energy use with distributed energy resources; and

(c) Whether requiring a customer that seeks to interconnect distributed energy resources or beneficial electrification resources to the investor-owned electric utility's electric grid to bear the full incremental cost of transformer or service upgrades needed at the time of interconnection imposes an undue burden on the customer, with consideration given to methods for sharing the cost recovery among customers.

(2) In conducting the study pursuant to subsection (1) of this section, the commission shall consider whether to direct an investor-owned electric utility to make changes:

(a) To its tariffs, policies, practices, or cost allocation;

(b) In the allocation of distribution system costs, including the costs of transformer, substation, or service upgrades as part of the utility's investment in its distribution system; and

(c) To its distribution system planning process to better plan for and accommodate future beneficial electrification and distributed energy resource investments to align with the state's greenhouse gas emission reduction goals set forth in section 25-7-102 (2)(g).

(3) Upon completion of the study, the commission shall post written findings and conclusions from the study on the commission's website.

(4) This section is repealed, effective September 1, 2025.
C.R.S. § 40-42-104 — CO Code / Title 40 / Article 42 / Section 40-42-104
40-42-104. General and specific powers and duties of the authority
Status: in_force

40-42-104. General and specific powers and duties of the authority. (1) Except as otherwise limited by this article 42, the authority, acting through the board, has the power to:

(a) Hold and exercise all rights, duties, privileges, immunities, liabilities, and disabilities of a body corporate and a political subdivision of the state;

(b) Have an official seal and alter the seal at the board's pleasure;

(c) Establish reasonable administrative and procedural bylaws for its organization and internal management and for the conduct of its affairs and business;

(d) Maintain an office at any place in Colorado that it may determine;

(e) Acquire, hold, use, own in whole or in part, lease, rent, and dispose of real and personal property and its income, revenue, funds, and money;

(f) Solicit and receive and expend gifts, grants, and donations;

(g) Make and enter into all contracts, leases, and agreements, including intergovernmental agreements and assignments of payments to host landowners, that are necessary or incidental to the performance of its duties and the exercise of its powers under this article 42, including:

(I) Contracts to purchase and dispose of eligible facilities;

(II) Contracts for the lease and operation by the authority of eligible facilities owned by an electric utility or other private person;

(III) Contracts for leasing eligible facilities owned by the authority, subject to the requirement that the authority deposit any revenue derived pursuant to the lease into the electric transmission bonding fund; and

(IV) Contracts for powerline trails pursuant to section 33-45-103;

(h) Unless otherwise specifically prohibited by this article 42, deposit money of the authority in any banking institution within or outside the state;

(i) Fix the time and place or places at which its regular and special meetings are to be held;

(j) Hire a chief executive officer of the authority and authorize the chief executive officer to hire other staff as necessary for the operation of the authority;

(k) Use the services of executive departments of the state upon mutually agreeable terms and conditions;

(l) Enter into partnerships with public or private entities;

(m) Identify and establish corridors for the transmission of electricity within the state, subject to siting and land use approval by the local government with siting and land use authority pursuant to article 65.1 of title 24;

(n) Through participation in appropriate regional transmission forums and other organizations, including organized wholesale markets, as defined in section 40-5-108 (1)(a), coordinate, investigate, plan, prioritize, and negotiate with entities within and outside Colorado for the establishment of interstate transmission corridors and engage in other transmission planning activities that would increase grid reliability, help Colorado meet its clean energy goals, promote the construction and maintenance of powerline trails throughout the state, and aid in economic and community development;

(o) Subject to the requirements of subsection (2) of this section, conduct a transparent and competitive process to select a qualified transmission operator, as defined by the commission, to assume the responsibility to carry out all required financing, planning, acquisition, maintenance, and operation of eligible facilities necessary or useful for the accomplishment of the purposes of this article 42;

(p) Subject to the requirements of articles 1 to 7 of title 38, have and exercise the power of eminent domain for acquiring any property or rights-of-way, except property of an electric utility or property or rights-of-way owned by a local government, necessary for projects; except that, if land to be acquired through eminent domain is subject to a perpetual conservation easement, the authority shall pay compensation to the owner as though the land were not subject to a perpetual conservation easement;

(q) For any project, provide information and training to employees of the project regarding:

(I) Any unique hazards that may be posed by the project;

(II) Safe work practices; and

(III) Emergency procedures;

(r) Issue bonds as necessary to undertake a project;

(s) Collect payments of reasonable rates, fees, interest, or other charges from persons using eligible facilities to finance eligible facilities and for other services rendered by the authority, subject to the requirement that any revenue derived from payments made to the authority shall be deposited in the electric transmission bonding fund;

(t) Make determinations about the efficient use of existing rights-of-way on projects it proposes to develop as a precondition to pioneering new rights-of-way for such projects;

(u) Consider options and alternatives, including through studies contracted with independent expert analysts, to increase the efficient use of the transmission system and relieve constraints on the transmission system, which options and alternatives may include storage and advanced transmission technologies; and

(v) Do any and all things necessary or convenient to carry out its purposes and exercise the powers given and granted in this article 42.

(2) Except as provided in this subsection (2), the authority shall not enter into a project if an electric utility or a nonincumbent transmission provider or other entity is constructing or has constructed the facilities or is providing the services contemplated by the authority. Before the authority enters into a project, the following procedural requirements must be met:

(a) The authority shall provide to each electric utility and the commission and publish at least once in a newspaper of general circulation in Colorado, at least once in a newspaper of general circulation in the area where the eligible facilities will be located, and continuously on a publicly accessible web page maintained by the authority an initial notice describing the project that the authority is considering.

(b) Any person with an interest that may be affected by the proposed project has thirty days after the date of the last printed publication of the initial notice to submit a written challenge concerning the proposed project to the authority. If the authority receives a challenge within the thirty days, the authority shall hold a public hearing no sooner than thirty days after receiving the challenge and at least two weeks after posting notice of the hearing in the same newspapers in which and web page on which the initial notice was given. Following the public hearing, the authority shall make a final determination on whether the authority will implement the proposed project and give notice of the determination in the same newspapers and on the same web page as the initial notice was given. Any person or governmental entity participating in the hearing may appeal the final determination by filing a notice of appeal with the district court for the city and county of Denver within thirty-five days after the date of the final determination.

(c) The authority shall collect and consider relevant data from the division of parks and wildlife's state wildlife action plan and from the Colorado natural heritage program regarding ways in which the project could cause adverse environmental impacts to state and federally listed species, as well as species, habitats, and ecosystems of greatest conservation need.

(d) Electric utilities and other persons willing and able to provide money for, acquire, maintain, and operate the eligible facilities described in the notice have the following period within which to notify the authority of intention and ability to provide money for, acquire, maintain, and operate the eligible facilities described in the notice:

(I) Within ninety days after the date of the last printed publication of the initial notice if no challenge is received pursuant to subsection (2)(b) of this section; or

(II) Within ninety days after the date of the notice of determination if a challenge is received pursuant to subsection (2)(b) of this section.

(e) Absent notification by an electric utility or other person pursuant to subsection (2)(d) of this section, or if a person, having given notice of intention to provide money for, acquire, maintain, and operate the eligible facilities contemplated by the authority, fails to make a good-faith effort to begin to do so within six months after the date the person notified the authority of its intention, the authority may proceed to finance, plan, acquire, maintain, and operate the eligible facilities originally contemplated. However, a person that, within the time required, has made necessary applications to acquire federal, state, local, or private permits, certificates, or other approvals necessary to acquire the eligible facilities is deemed to have commenced the acquisition as long as the person diligently pursues the permits, certificates, or other approvals.

(f) The authority must arrange for the continuation of any existing contracts for powerline trails entered into pursuant to section 33-45-103.

(3) In soliciting and entering into contracts for the transmission or storage of electricity, the authority and any person leasing or operating eligible facilities financed or acquired by the authority shall, if practicable, give priority to:

(a) Those contracts that will transmit or store electricity to be sold and consumed in Colorado; and

(b) Electric utilities or other entities that demonstrate an interest in continuing an existing powerline trail established by the authority or constructing and maintaining a new powerline trail on the eligible facilities.

(4) Neither the authority nor any eligible facilities acquired by the authority are subject to the supervision, regulation, control, or jurisdiction of the commission.

(4.5) On and after July 1, 2024, the authority shall operate on a fiscal year that aligns with the state fiscal year.

(5) (a) Ownership of eligible facilities by the authority may not exceed the extent and duration necessary or useful to promote the public interest. Before becoming an owner or partial owner of an eligible facility, the authority shall develop a plan identifying:

(I) The public purposes of the authority's ownership;

(II) The conditions that would make the authority's ownership no longer necessary for accomplishing those public purposes; and

(III) A plan to divest the authority of ownership of the facility as soon as economically prudent once those conditions occur, which may include divestment before the line is energized.

(b) For eligible facilities that are leased to another entity by the authority, at the end of the lease, absent default by the lessee, the authority shall convey its interest in the facilities to the lessee at a price that reflects the current fair market value.

(c) Eligible facilities owned by the authority are subject to the requirements of valuation and taxation as set forth in articles 4 and 5 of title 39.

(d) Neither the authority nor any energy assets owned or controlled by the authority or any electric utility, other than municipal utilities or power authorities, pursuant to this article 42 are exempt from property taxes.

(e) The authority must arrange for the continuation of any existing contracts for powerline trails entered into pursuant to section 33-45-103 if it divests itself of an eligible facility.

(6) (a) An electric utility that is subject to rate regulation by the commission may recover the capital cost of a project undertaken pursuant to this article 42 from its retail customers only if the project has received a certificate of public convenience and necessity from the commission. An electric utility that is a municipally owned utility exempt from regulation by the commission may recover such costs only if the project has been approved by the governing body of the municipality. A cooperative electric association exempt from regulation by the commission may recover such costs only if the project has been approved by the board of directors of the cooperative electric association.

(b) Costs associated with a project undertaken pursuant to this article 42 are not recoverable from retail utility customers except to the extent the costs are prudently incurred and the project is used and useful in serving those customers.

(7) The authority may sell any of its facilities to a Colorado electric utility.

(8) The authority may petition the FERC for a clarification of the exclusive or concurrent jurisdiction of the FERC over any matter considered or action taken by the authority under this article 42. The general assembly declares its intent that the authority and the commission be able to carry out their powers and duties to the broadest extent possible, consistent with principles of federalism, to achieve the goals and effectuate the purposes of this article 42.

(9) Nothing in this section waives or supersedes the application of section 29-20-108 or 40-5-101 (3) to a project proposed or developed by the authority.
C.R.S. § 40-6-105 — CO Code / Title 40 / Article 6 / Section 40-6-105
40-6-105. Fees - copies of records - disposition
Status: in_force

40-6-105. Fees - copies of records - disposition. (1) The commission shall charge the following fees: For copies of papers and records not required to be certified or otherwise authenticated by the commission, twenty cents for each page; for certified copies of official documents and orders filed in its office, twenty cents for each page; and one dollar for every certificate under seal affixed thereto.

(2) No fees shall be charged for copies of papers, records, or official documents furnished to public officers for use in their official capacity, but the commission may fix reasonable charges for publications issued under its authority. All fees charged under this section shall be collected by the commission, paid to the department of revenue, deposited in the office of the state treasurer, and credited to the public utilities commission fixed utility fund or the public utilities commission motor carrier fund, as the case may be.
C.R.S. § 40-24-108 — CO Code / Title 40 / Article 24 / Section 40-24-108
40-24-108. Railroad subject to assignment
Status: in_force

40-24-108. Railroad subject to assignment. Any person, company, corporation, or association obtaining any right-of-way or franchise to construct, operate, and maintain an electric railroad along, over, and across any county road within such county has the right to assign and transfer such franchise and right-of-way to any other person, company, corporation, or association, and the person, company, corporation, or association taking such franchise and right-of-way shall be subject to all the requirements and provisions of sections 40-24-102 to 40-24-108.
C.R.S. § 40-8.5-104 — CO Code / Title 40 / Article 8.5 / Section 40-8.5-104
40-8.5-104. Commencement of program - establishment of system for distribution of moneys to
Status: in_force

40-8.5-104. Commencement of program - establishment of system for distribution of moneys to eligible recipients. The commission shall establish a fund through a nonprofit corporation established for the purpose of collecting and distributing moneys to eligible recipients, who shall be designated by the administrator of the low-income energy assistance program in the department of human services, for use in the payment of electric and gas utility bills for services received.
C.R.S. § 40-9.5-117 — CO Code / Title 40 / Article 9.5 / Part 1 / Section 40-9.5-117
40-9.5-117. Surcharge for underground conversion of facilities
Status: in_force

40-9.5-117. Surcharge for underground conversion of facilities. The board of directors of a cooperative electric association may adopt a resolution to impose a surcharge on those consumers within the service area of the cooperative electric association who derive a direct benefit from the conversion of overhead electric and communication facilities to underground locations. Such surcharge shall be limited to costs related to the conversion of overhead electric and communication facilities to underground locations.
C.R.S. § 40-2-114 — CO Code / Title 40 / Article 2 / Part 1 / Section 40-2-114
40-2-114. Disposition of fees collected - telecommunications utility fund - fixed utility
Status: in_force

40-2-114. Disposition of fees collected - telecommunications utility fund - fixed utility fund - appropriation. (1) (a) Three percent of the fees collected under section 40-2-113 by the department of revenue shall be remitted to the state treasurer and credited by the state treasurer as follows:

(I) Notwithstanding any other provision of this paragraph (a), for the 2016-17 fiscal year and for any fiscal year thereafter in which a grant match is required for the receipt of federal money under the federal "Moving Ahead for Progress in the 21st Century Act", Pub.L. 112-141, 126 Stat. 405, for rail fixed guideway system safety oversight responsibilities under article 18 of this title, the lesser of all of the fees or up to one hundred fifty thousand dollars of the fees, or as much thereof as the commission deems necessary, to the public utilities commission fixed utility fund created in paragraph (b) of this subsection (1);

(II) For the 2017-18 fiscal year and for each fiscal year thereafter, the lesser of all of the fees remaining after fees are credited as required by subparagraph (I) of this paragraph (a) or an amount of the fees equal to two hundred forty thousand dollars plus a cumulative inflation adjustment of two percent for each fiscal year beginning with the 2017-18 fiscal year to the highway-rail crossing signalization fund created in section 40-29-116 (1); and

(III) Any remaining fees to the general fund.

(b) For the remaining ninety-seven percent of the fees collected, the state treasurer shall credit:

(I) Fees paid by public utilities that are telephone corporations to the telecommunications utility fund, which fund is hereby created; and

(II) Fees paid by other public utilities to the public utilities commission fixed utility fund, which fund is hereby created.

(2) (a) Money in the funds created in subsection (1) of this section shall be expended only to defray the full amount determined by the general assembly for:

(I) The administrative expenses of the commission for the supervision and regulation of the public utilities paying the fees;

(II) The financing of the office of the utility consumer advocate created in article 6.5 of this title 40; and

(III) With regard only to expenditures from the public utilities commission fixed utility fund created in subsection (1)(b) of this section, the administrative expenses, not to exceed five hundred thousand dollars annually, incurred by the Colorado electric transmission authority in carrying out its duties under article 42 of this title 40. The Colorado electric transmission authority shall remit to the public utilities commission fixed utility fund any amounts it receives in excess of its actual administrative expenses plus a fifty percent reserve margin.

(b) The state treasurer shall retain any unexpended balance remaining in either fund at the end of any fiscal year to defray the administrative expenses of the commission during subsequent fiscal years, and the executive director of the department of revenue shall take any such unexpended balance into account when computing the percentage upon which fees for the ensuing fiscal year will be based.
C.R.S. § 40-41-101 — CO Code / Title 40 / Article 41 / Section 40-41-101
40-41-101. Short title
Status: in_force

40-41-101. Short title. The short title of this article 41 is the "Colorado Energy Impact Bond Act".
C.R.S. § 40-10.1-410 — CO Code / Title 40 / Article 10.1 / Part 4 / Section 40-10.1-410
40-10.1-410. Towing rules
Status: in_force

40-10.1-410. Towing rules. Upon making a finding that a towing practice harms the public interest, the commission may promulgate rules, as necessary, to stop or change the towing practice that harms the public interest.
C.R.S. § 40-9.5-205 — CO Code / Title 40 / Article 9.5 / Part 2 / Section 40-9.5-205
40-9.5-205. Purchase by cooperative electric association of electric distribution facilities
Status: in_force

40-9.5-205. Purchase by cooperative electric association of electric distribution facilities and service rights of municipality. If any municipality changes its boundaries so as to exclude from its corporate limits any territory previously served by a cooperative electric association, such municipality shall give, within thirty days, written notice to the association of such exclusion of territory, and the cooperative electric association, within one hundred twenty days after receipt of such notice, shall purchase the municipality's electric distribution facilities and service rights within the excluded area. Section 40-9.5-204 shall apply to acquisitions by a cooperative electric association pursuant to this section.
C.R.S. § 40-8.5-103 — CO Code / Title 40 / Article 8.5 / Section 40-8.5-103
40-8.5-103. Definitions
Status: in_force

40-8.5-103. Definitions. As used in this article 8.5, unless the context otherwise requires:

(1) "Commission" means the legislative commission on low-income energy and water assistance established in section 40-8.5-103.5.

(2) "Deposit" means moneys deposited by a subscriber with a utility to secure payment for services or any other amount which is paid in advance for electric or gas utility services to be furnished.

(3) "Electric utility" means every electrical corporation operating for the purpose of supplying electricity to the public for domestic, mechanical, or public uses and includes every public utility supplying electricity; except that this definition includes only those cooperative electric associations which notify the commission that they elect to come under this article.

(4) "Gas utility" means every gas corporation operating for the purpose of supplying gas to the public for domestic, mechanical, or public uses and includes every public utility supplying gas.

(4.5) "Organization" has the meaning set forth in section 40-8.7-103 (4).

(5) (a) "Unclaimed moneys" means:

(I) Deposits, including any interest thereon, less any lawful deductions or amounts owed to a utility, that the utility has been directed to return to the subscriber by an administrative or judicial order or that is due the subscriber through the utility's security or construction deposit policy and that remains unclaimed by the subscriber for more than two years;

(II) Moneys which shall be deemed unclaimed and presumed abandoned when left with the utility for more than two years after termination of the services for which the deposit or advance was made or for more than two years after the deposit becomes payable and the utility has made reasonable efforts to locate the owner of the unclaimed moneys or distribution is attempted pursuant to a final order of an administrative agency or judicial body having jurisdiction to establish the terms and conditions of such deposit or advance.

(b) This term shall not include credits to existing subscribers through cost-adjustment mechanisms, and this term shall not include unclaimed patronage capital held by cooperative electric associations.
C.R.S. § 40-8.7-106 — CO Code / Title 40 / Article 8.7 / Section 40-8.7-106
40-8.7-106. Municipally owned gas, electric, and gas and electric utilities and cooperative
Status: in_force

40-8.7-106. Municipally owned gas, electric, and gas and electric utilities and cooperative electric associations. (1) If a municipally owned gas, electric, or gas and electric utility or a cooperative electric association operates an alternative energy assistance program to support its low-income customers with their home energy needs, then the governing body of the municipally owned gas, electric, or gas and electric utility or cooperative electric association may self-certify its alternative energy assistance program and, upon self-certification, shall have no obligations under this article. The municipally owned utility or cooperative electric association shall submit a statement to the organization that such utility or cooperative electric association has an alternative energy assistance program. In order for such utility or cooperative electric association to self-certify, such alternative energy assistance program shall meet the following criteria:

(a) The amount and method for funding of the program shall be determined by the governing body.

(b) Program moneys shall be collected and distributed in a manner and under eligibility criteria determined by the governing body for the purpose of residential energy assistance to customers who are challenged with paying energy bills for financial reasons, including to seniors on fixed incomes, individuals with disabilities, and low-income individuals.

(2) If the governing body of a municipally owned gas, electric, or gas and electric utility or a cooperative electric association determines that the service area of such utility or cooperative has a limited number of people who qualify for energy assistance, such utility or cooperative electric association may be exempt from the obligations of this article.

(3) If a municipally owned gas, electric, or gas and electric utility or cooperative electric association has not self-certified an alternative energy assistance program pursuant to subsection (1) of this section or has not exempted itself pursuant to subsection (2) of this section, such utility or cooperative electric association shall collect an optional energy assistance charge from its customers as provided in section 40-8.7-104 (1) and (2) or pursuant to a procedure approved by the governing municipal utility or cooperative, which procedure shall be designed to notify all customers at least twice each year of the option to contribute by means of a monthly energy assistance charge and shall provide a convenient means for customers to exercise that option. In such circumstances, the governing body of such utility or cooperative shall determine the disposition and delivery of the optional energy assistance charge that it collects on the following basis:

(a) The governing body may elect to deliver the optional charge that it collects to the organization for distribution in accordance with this article.

(b) If the governing body does not make such election pursuant to paragraph (a) of this subsection (3), the energy assistance moneys collected shall be distributed under eligibility criteria determined by the governing body for the purpose set forth in paragraph (b) of subsection (1) of this section.

(4) A municipally owned gas, electric, or gas and electric utility or cooperative electric association may provide funding for energy assistance to the organization by using a source of funding other than the optional customer contribution on each bill. If the amount of such assistance approximates the amount reasonably expected to be collected from an optional charge on customer bills, a municipal utility or cooperative need not certify its own program pursuant to subsection (1) of this section and need not collect an optional energy assistance charge but shall be entitled to participate in the organization's program.

(5) Any reasonable costs that a municipally owned gas, electric, or gas and electric utility or cooperative electric association incurs in connection with the program, including the initial costs of setting up the collection mechanism, may be reimbursed at the discretion of the governing body from the energy assistance moneys collected.
C.R.S. § 40-6-108 — CO Code / Title 40 / Article 6 / Section 40-6-108
40-6-108. Complaints - service - notice of hearing
Status: in_force

40-6-108. Complaints - service - notice of hearing. (1) (a) Complaint may be made by the commission on its own motion or by any corporation, person, chamber of commerce, or board of trade, or by any civic, commercial, mercantile, traffic, agricultural, or manufacturing association or organization, or by any body politic or municipal corporation by petition or complaint in writing, setting forth any act or thing done or omitted to be done by any public utility, including any rule, regulation, or charge heretofore established or fixed by or for any public utility, in violation, or claimed to be in violation, of any provision of law or of any order or rule of the commission.

(b) No complaint shall be entertained by the commission, except upon its own motion, as to the reasonableness of any rates or charges of any gas, electric, water, or telephone public utility, unless the same is signed by the mayor or the president or chairman of the board of trustees or a majority of the council, commission, or other legislative body of the county, city and county, city, or town, if any, within which the alleged violation occurred, or not less than twenty-five customers or prospective customers of such public utility.

(c) All matters upon which complaint may be founded may be joined in one hearing, and no motion shall be entertained against a complaint for misjoinder of causes of action or grievances or misjoinder or nonjoinder of parties. In any review by the courts of orders or decisions of the commission, the same rule shall apply with regard to the joinder of causes and parties.

(d) The commission is not required to dismiss any complaint because of the absence of direct damage to the complainant.

(e) Upon the filing of any complaint, the commission shall cause a copy thereof to be served upon the person complained of, together with an order requiring such defendant to satisfy or answer said complaint within a time to be fixed by the commission.

(2) (a) Notice of all applications, petitions, and orders instituting investigations or inquiries shall be given to all persons, firms, or corporations who, in the opinion of the commission, are interested in, or who would be affected by, the granting or denial of any such application, petition, or other proceeding. Except for good cause shown, any person desiring to file an objection or intervene in or participate as a party in any such proceeding shall file his or her objection or petition for leave to intervene or, under such rules as the commission may prescribe, file other appropriate pleadings to become a party, within thirty days after the date of the notice, or such lesser time as the commission may prescribe. No final action shall be taken by the commission in any proceeding during the time any such filing is permitted.

(b) Any public utility giving notice of a proposed gas or electric tariff shall serve such notice upon the Colorado energy office or its successor agency. The office shall be granted leave to intervene as a matter of right, upon a timely filing of a petition or other pleading in accordance with this section, in adjudicatory matters affecting gas or electric utilities; except that the office shall not be a party to any individual complaint between a utility and an individual.

(3) Service in all applications, petitions, complaints, hearings, investigations, and other proceedings pending before the commission may be made upon any person upon whom a summons may be served in accordance with the provisions of the Colorado rules of civil procedure, or may be made personally or by first-class mail. In all cases wherein service is obtained by mail by the commission, the certificate of the director of the commission of such mailing shall be prima facie evidence that service has been obtained, and the time fixed in any order or notice shall commence to run from the date of mailing as shown in such certificate. The mailing of any notice or other paper by any other party to a proceeding shall be evidenced by the certificate of the person mailing such notice or other paper, and the time fixed in any such notice or other paper shall commence to run from the date of mailing as shown in such certificate.

(4) The commission shall fix the time when and place where any hearing required by this title or by article 4 of title 24, C.R.S., will be had upon any application, complaint, petition, investigation, or other proceeding, and shall serve notice thereof to the parties not less than ten days before the time set for such hearing, unless the commission finds that public interest or necessity requires that any such hearing be held at an earlier date. The commission shall hold a hearing and issue a final order in complaint cases within two hundred ten days after the filing of testimony and exhibits by the complainant. In extraordinary circumstances, the commission may extend the time an additional ninety days following a hearing in which such extraordinary circumstances are established. The complainant may waive the time limits established in this section, in which case the time limits are not binding on the commission.
C.R.S. § 40-27-102 — CO Code / Title 40 / Article 27 / Section 40-27-102
40-27-102. Fence right-of-way - cattle guards
Status: in_force

40-27-102. Fence right-of-way - cattle guards. (1) Every railway company or corporation whose lines or roads, or any part thereof, are open for use, within six months after the lines of such railways or any part thereof are open, except at the crossings of public roads and highways and within the limits of incorporated towns and cities or the yard limits of established stations, shall erect and thereafter maintain fences on the sides of their roads, or the part thereof open to use, where the same pass through, along, or adjoining enclosed or cultivated fields or unenclosed lands, with openings and gates therein to be hung and have latches and hinges, so that they may be opened and shut at all necessary farm crossings of the road, for the use of the proprietors or owners of the land adjoining such railroad, and shall construct and maintain at all public road crossings good and sufficient cattle guards.

(2) Such fences, gates, and cattle guards for the protection of livestock shall be constructed as defined in section 35-46-101 (1), C.R.S., and shall be amply sufficient to prevent horses, mules, asses, and cattle from getting on said railroads; and, so long as such fences and guards, or any part thereof, are not sufficient or not in sufficiently good repair to accomplish the objective for which they are intended, such railroad corporation shall be liable for any and all damages which are done by the agent, employees, engines, trains, or cars of any other corporation permitted and running over and upon their said railroad to any such cattle, horses, asses, or mules thereon. When such fences, gates, and guards have been built and duly made and are kept in good and sufficient repair, such railroad corporation shall not be liable for any such damages unless the same were occasioned by the negligence or carelessness of such railway company or corporation or the assignee or lessee thereof.

(3) Where gates are constructed and maintained at farm crossings, opening into enclosed pastures or cultivated fields, it is the duty of the owner or occupant of such fields or pastures so provided with gates to see that such gates are kept closed at all times when not actually in use, and where it is shown that any such gate has been left open, the owner or occupant of such lands shall be held responsible for any stock killed or damaged because of such open gate.
C.R.S. § 40-8.7-105 — CO Code / Title 40 / Article 8.7 / Section 40-8.7-105
40-8.7-105. Customer opt-in provision
Status: in_force

40-8.7-105. Customer opt-in provision. (1) The public utilities commission shall determine the mechanism for an opt-in provision whereby the energy assistance contributions described in section 40-8.7-104 will be collected from those customers who give notice of their intent to participate in the energy assistance program.

(2) Each utility shall solicit voluntary donations through a check-off mechanism displayed on the monthly remittance device. Recommended check-off categories of five dollars, ten dollars, twenty dollars, and "other amount" shall be displayed.

(3) Once a customer voluntarily opts into the program, the appropriate contribution shall be assessed on a monthly basis until the customer notifies the utility of his or her desire to remove the contribution. Each utility shall establish procedures to notify customers about their ability to cancel any voluntary contribution.

(4) Once the utility customer opts into the program, the energy assistance contribution shall appear as a separate line item and shall be identified in the billing statement as a contribution. The line item shall identify the optional low-income contribution, state the amount of the optional contribution, and be included in the total amount due.

(5) In accordance with article 4 of title 24 C.R.S., on or before November 1, 2005, the public utilities commission shall initiate at least one rule-making proceeding to accomplish the following:

(a) Establish a program whereby customers will be solicited to contribute a flat amount on the monthly remittance device on the utility billing statement;

(b) Encourage each utility to provide notification, where feasible, to customers participating in the program about the customer's ability to continue to contribute when the customer changes his or her address within the service territory;

(c) Require the utility to make additional efforts to inform utility customers about the program to ensure that adequate notice of the opt-in provision is given to all customers;

(d) In addition to notification on the monthly remittance device on the billing statement, require each utility to notify its customers about the opt-in provision prior to September 1, 2006, and require each utility to provide clear, periodic notice of the opt-in provision at least twice per year through bill inserts, in a statement on the bill or envelope, or in other utility communication pieces or through an alternative method approved by the commission. The costs of the insert and any other notification efforts will be considered in the utility's cost of service.

(e) Require each utility to consider the most cost-effective method possible when implementing the program; and

(f) Ensure that there is a mechanism for customers who make electronic payments to the utility to remove the optional charge from their monthly payments.
C.R.S. § 40-4-117 — CO Code / Title 40 / Article 4 / Section 40-4-117
40-4-117. Integrated transmission facility planning - review by commission - report - repe
Status: repealed

40-4-117. Integrated transmission facility planning - review by commission - report - repeal. (Repealed)
C.R.S. § 40-7-111 — CO Code / Title 40 / Article 7 / Section 40-7-111
40-7-111. Not to affect interstate or foreign commerce
Status: in_force

40-7-111. Not to affect interstate or foreign commerce. None of the provisions of articles 1 to 7 of this title, except when specifically so stated, shall apply or be construed to apply to commerce with foreign nations or commerce among the several states, except insofar as the same may be permitted under the provisions of the constitution of the United States and the acts of congress.
C.R.S. § 40-3.3-101 — CO Code / Title 40 / Article 3.3 / Section 40-3.3-101
40-3.3-101. Definitions
Status: in_force

40-3.3-101. Definitions. As used in this article 3.3, unless the context otherwise requires:

(1) "Alternative energy service" means a low- or zero-carbon residential, commercial, or industrial energy service that is able to meet a customer's end use need and does not combust methane-, propane-, or petroleum-derived gas on site in doing so.

(2) "Colorado energy office" means the Colorado energy office created in section 24-38.5-101.

(3) "Distribution system" has the meaning set forth in section 40-2-115 (2)(b) and includes the piping and associated facilities used to deliver geological gas or recovered methane.

(4) "Dual-fuel utility" means an investor-owned utility in which one company or a subsidiary of the same company operates both an electric and a gas utility that have service territories in the state where greater than fifty percent of all customers in those territories receive both gas and electric service from a utility operated by that company or a subsidiary of the same company.

(5) "Gas" means natural or geological gas, recovered methane, or any mixture of natural or geological gas or recovered methane that is transported by a common carrier or dedicated pipeline, including flammable gas; manufactured gas; petroleum or other hydrocarbon gases, such as propane; or any mixture of fossil gases that is injected into a pipeline and transmitted, distributed, or furnished by a utility.

(6) "Gas infrastructure plan" means a requirement for gas utilities established by the commission that is designed to establish a process to determine the need for, and potential alternatives to, capital investment, consistent with the objectives of maintaining just and reasonable rates; ensuring system safety, reliability, and resiliency; and protecting income-qualified utility customers and disproportionately impacted communities.

(7) "Gas planning pilot community" means a local government in which constituents have gas service provided by a dual-fuel utility and an active franchise agreement with the dual-fuel utility, which local government formally indicates an interest in working with the dual-fuel utility to mutually explore opportunities for neighborhood-scale alternatives projects, including through the exchange of utility gas infrastructure data and community development plans.

(8) "Greenhouse gas reduction goals" means the state's greenhouse gas reduction goals described in section 25-7-102 (2)(g).

(9) "Income-qualified utility customer" has the meaning set forth in section 40-3-106 (1)(d)(II).

(10) "Local government" means a home rule or statutory county, city, or city and county.

(11) "Neighborhood-scale alternatives project" means a project in a gas planning pilot community:

(a) Where a dual-fuel utility:

(I) Provides both gas and electric service;

(II) Provides gas service and a municipally owned utility operated by the gas planning pilot community provides electric service; or

(III) Provides gas service and a cooperative electric association that serves a gas planning pilot community has voluntarily partnered with the dual-fuel utility; and

(b) That geographically targets decommissioning a portion of the gas distribution system or avoids expanding the gas distribution system in order to serve new construction projects and provides alternative energy service to buildings within the project area that reduces future greenhouse gas emissions required to serve buildings.

(12) "Nonemitting thermal resource" means efficient thermal energy for heating, cooling, or hot water, which energy does not require combustion of gas, such as an air-source heat pump, as defined in section 39-22-554 (2)(a); a ground-source heat pump, as defined in section 39-22-554 (2)(g); a heat pump water heater; a thermal energy system; or a thermal energy network.

(13) "Pipeline segment" means a discrete portion of the distribution system and all ancillary structures, valves, and other systems needed to distribute gas. A pipeline segment must be the smallest incremental unit possible, as defined by pipeline materials, geographical features, and the design of the distribution system.

(14) "Thermal energy network" has the meaning set forth in section 40-3.2-108 (2)(s).

(15) "Thermal energy system" has the meaning set forth in section 40-3.2-108 (2)(t).
C.R.S. § 40-3-118 — CO Code / Title 40 / Article 3 / Section 40-3-118
40-3-118. Electric utility retail rates survey - nonadjudicatory proceeding - definition -
Status: repealed

40-3-118. Electric utility retail rates survey - nonadjudicatory proceeding - definition - report - repeal. (Repealed)
C.R.S. § 40-10.1-302 — CO Code / Title 40 / Article 10.1 / Part 3 / Section 40-10.1-302
40-10.1-302. Permit requirements
Status: repealed

40-10.1-302. Permit requirements. (1) (a) A person shall not operate or offer to operate a charter bus, children's activity bus, fire crew transport, luxury limousine, or off-road scenic charter in intrastate commerce without first having obtained a permit therefor from the commission in accordance with this part 3.

(b) A person may apply for a permit under this part 3 to the commission in such form and with such information as the commission may require. A permit is valid for one year after the date of issuance.

(2) (a) Except as otherwise provided in subsection (3) of this section, the commission shall issue a permit to a motor carrier of passengers under this part 3 upon completion of the application and compliance with the financial responsibility requirements of this article.

(b) Repealed.

(3) A person whose permit has been revoked for cause is not eligible for another permit for two years after the date of revocation. If an entity's permit has been revoked, the two-year ineligibility also applies to the entity's principals, officers, directors, and members of the entity, except for a revocation for failure to carry insurance unless the person knowingly operated a motor carrier without insurance.

(4) In order to obtain a permit under this section, an applicant must have each vehicle operated under the permit inspected within the immediately preceding twenty days by a qualified mechanic in accordance with rules promulgated by the commission. The applicant must also attach a report showing each vehicle passed inspection.

(5) Effective July 1, 2016, any existing permit issued pursuant to this part 3 expires on the anniversary of its issuance.
C.R.S. § 40-15-503 — CO Code / Title 40 / Article 15 / Part 5 / Section 40-15-503
40-15-503. Opening of competitive local exchange market - process of negotiation and rule-m
Status: repealed

40-15-503. Opening of competitive local exchange market - process of negotiation and rule-making - issues to be considered by commission - definition.

(1) Repealed.

(2) (a) and (b) Repealed.

(c) (I) The commission shall consider changing to forms of price regulation other than rate-of-return regulation for any telecommunications provider that provides services regulated under part 2 or 3 of this article and shall consider the conditions under which such a change may take place to ensure that telecommunications services continue to be available to all consumers in the state at fair, just, and reasonable rates. This paragraph (c) shall not be construed to limit the manner and methods of regulation available under section 40-15-302.

(II) As used in this paragraph (c), "price regulation" means a form of regulation that may contain, without limitation, any of the following elements:

(A) Regulation of the price and quality of services;

(B) Price floors and price ceilings;

(C) Flexibility in pricing between price floors and price ceilings;

(D) Modified tariff requirements;

(E) Incentives for increased efficiency, productivity, and quality of service.

(d) The commission shall adopt rules providing for simplified regulatory treatment for rural telecommunications providers as defined in section 40-15-102 (24.5). Such simplified treatment may include, but shall not be limited to, optional methods of regulatory treatment that reduce regulatory requirements, reduce the financial burden of regulation, and allow pricing flexibility. Such simplified treatment may also allow extensions of time for the implementation of requirements under this part 5 in rural exchanges for which there are no competing basic local exchange providers certified.

(e) Applications for certificates of public convenience and necessity to provide basic local exchange service may be filed with the commission at any time. A person that, on or before January 1, 1995, held a certificate of public convenience and necessity to provide basic local exchange service under part 2 of this article and who still holds the certificate need not reapply to the commission for additional or continued authority. A provider of local exchange services shall not operate in this state without a certificate of public convenience and necessity.

(f) A telecommunications provider that is granted a certificate of public convenience and necessity to provide local exchange telecommunications service in competition with an incumbent provider of local exchange service shall be regulated under part 3 of this article unless the commission determines that the services of such provider are not subject to effective competition from the incumbent local exchange provider.

(g) (I) to (III) Repealed.

(IV) (A) Repealed.

(B) In adopting commission tariffs, the commission shall determine whether the rates, terms, and conditions of sale to be set forth in such tariffs are based on cost and are nondiscriminatory. Such rates, terms, and conditions of sale may include a reasonable profit.

(V) As used in this paragraph (g), "true-up" means recovery of the difference between:

(A) The rates paid under temporary interim tariffs before the adoption of commission tariffs or, if interconnection agreements as contemplated in subparagraph (III) of this paragraph (g) are in effect, the rates paid under temporary interim tariffs before the effective dates of such agreements; and

(B) The rates that would have been paid during the same time period had the commission tariffs or interconnection agreements been in effect instead of such temporary interim tariffs.

(VI) True-up shall be accomplished by means of lump-sum cash payments unless the commission orders another method of payment. If the commission orders a refund or an additional payment to be made at the time of true-up, such refund or additional payment shall be paid with interest at a rate to be determined by the commission.

(VII) Repealed.

(VIII) In all proceedings initiated pursuant to this paragraph (g), the burden of proof shall be on the telecommunications service provider.

(IX) The following entities shall be exempt from the requirements of this paragraph (g):

(A) A basic local exchange provider that serves only rural exchanges of ten thousand or fewer access lines;

(B) As to the interim rates, a college or vocational school as defined in section 23-3-103, C.R.S.

(h) The commission shall require by rule that any telecommunications service provider required to file temporary interim tariffs and, to the extent such a requirement is permissible under federal law, any basic local exchange provider that serves only rural exchanges of ten thousand or fewer access lines and that has received a bona fide request for interconnection shall file advice letters with the commission to place into effect temporary interim tariffs and commission tariffs for unbundled facilities or functions, interconnection, services for resale, or local number portability by such dates certain as the commission may determine by rule.

(3) During the period of negotiation and rule-making as contemplated in this section, the director of the commission may request, on a case-by-case basis, and the commission may grant, extensions to the statutorily directed times for completion of proceedings before the commission; except that no such extension shall be requested for proceedings under this section. During rule-making under this section, the commission may, on its own motion and on a case-by-case basis, grant such extensions; except that no such extension shall be granted for proceedings under this section.
C.R.S. § 40-3.2-205 — CO Code / Title 40 / Article 3.2 / Part 2 / Section 40-3.2-205
40-3.2-205. Review - approval
Status: in_force

40-3.2-205. Review - approval. (1) In evaluating the plan, the commission shall consider the following factors:

(a) Whether the department reports that the plan is likely to achieve at least a seventy to eighty percent reduction, or greater, in annual emissions of oxides of nitrogen as necessary to comply with current and reasonably foreseeable requirements of the federal act and the state act. The reduction in emissions under this paragraph (a) shall be measured from 2008 levels at coal-fired power plants identified in the plan. In determining the reduction in emissions under this paragraph (a), the department shall include:

(I) Emissions from coal-fired power plants identified in the plan and continuing to operate after retrofit with emission control equipment; and

(II) Emissions from any facilities constructed to replace any retired coal-fired power plants identified in the plan.

(b) Whether the department has made the determination under section 40-3.2-204 (2)(b)(III);

(c) The degree to which the plan will result in reductions in other air pollutant emissions;

(d) The degree to which the plan will increase utilization of existing natural gas-fired generating capacity;

(e) The degree to which the plan enhances the ability of the utility to meet state or federal clean energy requirements, relies on energy efficiency, or relies on other low-emitting resources;

(f) Whether the plan promotes Colorado economic development;

(g) Whether the plan preserves reliable electric service for Colorado consumers;

(h) Whether the plan is likely to help protect Colorado customers from future cost increases, including costs associated with reasonably foreseeable emission reduction requirements; and

(i) Whether the cost of the plan results in reasonable rate impacts. In evaluating the rate impacts of the plan, the commission shall examine the impact of the rates on low-income customers.

(2) The commission shall review the plan and enter an order approving, denying, or modifying the plan by December 15, 2010. Any modifications required by the commission shall result in a plan that the department determines is likely to meet current and reasonably foreseeable federal and state act requirements.

(3) All actions taken by the utility in furtherance of, and in compliance with, an approved plan are presumed to be prudent actions, the costs of which are recoverable in rates as provided in section 40-3.2-207.

(4) If the utility disagrees with the commission's modifications to its proposed plan with respect to resource selection, the utility may withdraw its application.
C.R.S. § 40-33-106 — CO Code / Title 40 / Article 33 / Section 40-33-106
40-33-106. Attempts to exempt carrier from liability void
Status: in_force

40-33-106. Attempts to exempt carrier from liability void. Any contract, rule, regulation, or stratagem whatsoever, the purpose or intent of which is to enable any common carrier to exempt itself from any liability created by this article, shall to that extent be void; but in any action brought against any such common carrier under or by virtue of any of the provisions of this article, such carrier may set off therein any sum it has contributed or paid to any insurance, relief benefit, or indemnity that may have been paid to the injured employee, or the person entitled thereto on account of the injury or death for which said action was brought.
C.R.S. § 40-20-103 — CO Code / Title 40 / Article 20 / Part 1 / Section 40-20-103
40-20-103. Right-of-way for changed line - sale of right-of-way for public passenger rail s
Status: in_force

40-20-103. Right-of-way for changed line - sale of right-of-way for public passenger rail service - definitions. (1) Any railroad company having located its line of road, whether the same is completed or not, may make a new location of its line and may acquire the right-of-way for such new line in the same manner as is now provided for acquiring the right-of-way by the statutes of Colorado; but in acquiring said new right-of-way, the previous right-of-way shall revert to the owner of the land through which said previous right-of-way was granted upon the payment or tendering payment to the railroad company of the amount assessed by the board of appraisers and paid by said railroad company for said previous right-of-way.

(2) (a) Any railroad company may sell its right-of-way for the operation of a public passenger rail service. In such case, the right-of-way shall continue to be used as a public highway only for operation of public passenger rail service for purposes of section 4 of article XV of the state constitution if ownership of the right-of-way is transferred to a public passenger rail service provider, regardless of:

(I) Whether or not an order of abandonment has been issued for the right-of-way by the federal surface transportation board, any successor federal agency, or any court of competent jurisdiction;

(II) The technology used to operate the public passenger rail service; or

(III) Whether ownership of the railroad is public or private.

(b) No rail service provider operating public passenger rail service as authorized by paragraph (a) of this subsection (2) shall be required to offer its right-of-way for use by any other rail service provider by operation of Colorado law after an order of abandonment has been issued.

(3) Nothing in this section shall be construed to affect any vested right of any party.

(4) For purposes of this section, "public passenger rail service" means any passenger service that runs on rails or electromagnetic guideways, including but not limited to:

(a) Commuter or other short-haul railroad passenger service in a metropolitan or suburban area;

(b) High-speed ground transportation systems that connect metropolitan areas; or

(c) Rapid transit operations in an urban area that are not connected to the general railroad system of transportation.
C.R.S. § 40-7-113.5 — CO Code / Title 40 / Article 7 / Section 40-7-113.5
40-7-113.5. Civil penalties applicable to public utilities - exclusion from rate base
Status: in_force

40-7-113.5. Civil penalties applicable to public utilities - exclusion from rate base. (1) (a) In addition to any other penalty otherwise authorized by law and except as otherwise provided in subsections (3), (4), and (5) of this section, a public utility furnishing electric, gas, water, water and sewer, or telecommunications service that intentionally violates any provision of articles 1 to 7 or 15 of this title or of any rule or order of the commission pursuant to such articles, which provision is applicable to such utility, may be assessed a civil penalty of not more than two thousand dollars; except that nothing in this subsection (1) shall be construed to authorize the imposition of civil penalties upon:

(I) A cooperative electric association that has voted to exempt itself from regulation pursuant to section 40-9.5-103;

(II) A cooperative telephone association;

(III) A municipally owned utility; or

(IV) A nonprofit generation and transmission electric corporation or association.

(b) Civil penalties assessed pursuant to this section shall be paid and credited to the general fund, in addition to any other sanctions that may be imposed pursuant to law. The amount of any such penalties paid shall not be an allowable expense for rate-making purposes.

(2) (a) The commission shall adopt rules specifying the particular violations, and the amount of the civil penalties to be assessed for each violation, pursuant to subsection (1) of this section.

(b) No public utility shall be assessed a civil penalty if the utility is already subject to an existing reparation due to a commission order, commission rule, or statutory provision for the same violation.

(3) If any public utility receives a second civil penalty assessment for a violation of the same statute, rule, or order within one year after the first violation, the civil penalty assessed for the second violation shall be no greater than twice the amount specified by rule for such violation.

(4) If any public utility receives more than two civil penalty assessments for violation of the same statute, rule, or order within one year, the civil penalty assessed for each such subsequent violation shall be no greater than three times the amount specified by rule for such violation.

(5) Notwithstanding any provision of this section to the contrary, the total amount of civil penalties assessed against one public utility under this section shall not exceed the lesser of the following:

(a) One hundred fifty thousand dollars in any six-month period; or

(b) In any twelve-month period, one percent of the utility's gross annual revenues from services regulated by the commission, based on the most recent fiscal year for which final revenue figures are available.
C.R.S. § 40-3-103.6 — CO Code / Title 40 / Article 3 / Section 40-3-103.6
40-3-103.6. Disconnection due to nonpayment - connection and reconnection fees - deposits -
Status: in_force

40-3-103.6. Disconnection due to nonpayment - connection and reconnection fees - deposits - standard practices - rules - definitions. (1) The commission shall commence a rule-making proceeding to adopt standard practices for gas and electric utilities to use when disconnecting service due to nonpayment. The rules must address the following subjects:

(a) Resources to support customers in multiple languages, as appropriate to the geographic areas served;

(b) (I) Prohibiting shut-off times:

(A) On Fridays, Saturdays, Sundays, or state or federal holidays; or

(B) To the greatest extent practicable, after 11:59 a.m. on a Monday through Thursday that is not a holiday; or

(C) During an emergency or safety event or circumstance; and

(II) If, by making a payment or payment arrangement in accordance with the utility's policies, a customer makes a request for reconnection of service on a Monday through Friday that is not a holiday, requiring the utility to reconnect the customer's service on the same day as the customer requests reconnection of service if one of the circumstances set forth in subsection (1.5) of this section is met.

(c) Prescribed terms and conditions for payment plans to cure delinquency;

(d) Referral of delinquent customers to energy payment assistance resources such as Energy Outreach Colorado, charities, nonprofits, and state agencies that provide, or that administer federal funds for, low-income energy assistance;

(e) For each utility, standardized methodology to be used in determining reconnection fees and deposit requirements for reconnection;

(f) Protection policies for customers for whom electricity is medically necessary;

(g) Prohibitions on the disconnection of service during periods of extreme heat or cold, as appropriate to the geographic area served;

(h) A prohibition on the remote disconnection of service for nonpayment, through advanced metering infrastructure or otherwise, without a reasonable attempt to make contact with the customer of record by telephone or engaging in a personal, physical visit to the premises; and

(i) Reporting requirements, no less frequently than annually, to provide the commission with standardized information from all utilities about disconnections and delinquencies. For the purpose of trend analysis, utilities may disaggregate data by month or by quarter, as the commission deems appropriate. Reporting requirements must take into consideration existing utility reporting and must allow the utilities a reasonable ability to ascertain data.

(1.5) A utility shall reconnect a customer's service on the same day as the customer requests reconnection pursuant to subsection (1)(b)(II) of this section if:

(a) The customer is an electric utility customer with advanced metering infrastructure and has requested reconnection of service at least one hour before the close of business for the electric utility's customer service division; except that the electric utility may reconnect service on the day following a disconnection of service if there are internet connectivity, technical, or mechanical problems or emergency conditions that reasonably prevent the utility from remotely reconnecting the customer's service; or

(b) The customer is either an electric utility customer without advanced metering infrastructure or a gas utility customer and has requested reconnection of service on or before 12:59 p.m.; except that an electric utility or gas utility may reconnect the customer's service on the day following a disconnection if:

(I) Prior to disconnection of the customer's service, the utility has made a qualifying communication with the customer; or

(II) An emergency or safety event or circumstance arises after disconnection of service that renders the utility's staff temporarily unavailable to safely reconnect service. If next-day reconnection of service is not possible due to the continuation of the emergency or safety event or circumstance, the utility shall reconnect the customer's service as soon as possible.

(2) The commission shall publish on its website, or require utilities to publish on their websites:

(a) Information regarding the standard practices and fees specified in rules adopted pursuant to subsection (1) of this section; and

(b) The information periodically reported in accordance with subsection (1)(i) of this section.

(3) As used in this section, unless the context otherwise requires:

(a) "Advanced metering infrastructure" means an integrated system of smart electric utility meters and communication networks that enables two-way communication between an electric utility's data systems and the meter's internet protocol address and allows the electric utility to measure electricity usage or connect or disconnect service remotely.

(b) (I) "Emergency or safety event or circumstance" means a manmade or natural emergency event or safety circumstance:

(A) That prevents utility staff from being able to safely travel to or work at a customer's residence or place of business for purposes of reconnecting utility service; or

(B) For which a utility has dispatched utility staff members to help respond to the emergency or safety event or circumstance and, due to the timing or number of utility staff dispatched, the utility lacks sufficient trained staff to reconnect utility service at a customer's residence or place of business.

(II) "Emergency or safety event or circumstance" includes a severe weather event that one or more reputable weather forecasting sources forecasts to occur in the following twenty-four hours and that is more likely than not to result in dangerous travel or on-site outdoor or indoor work conditions for individuals in the path of the weather event.

(c) "Qualifying communication" means one of the following methods of communicating with a utility customer about a possible upcoming disconnection of service:

(I) A physical visit to the customer's premises during which a utility representative speaks with the customer and provides the customer utility assistance information or, if the customer is not available to speak, leaves utility assistance information for the customer's review; or

(II) A telephone call, text, or e-mail to the customer in which:

(A) The utility representative provides the customer with utility assistance information; and

(B) The utility representative either speaks directly with the customer over the telephone or the customer receives the utility representative's text or e-mail.

(d) "Utility assistance information" means information that a utility representative provides a customer informing the customer that the customer may contact 1-866-HEAT-HELP to determine if the customer qualifies for utility bill payment assistance.
C.R.S. § 40-1-103.3 — CO Code / Title 40 / Article 1 / Section 40-1-103.3
40-1-103.3. Alternative fuel vehicles - definition
Status: in_force

40-1-103.3. Alternative fuel vehicles - definition. (1) As used in this section, "property or premises", with respect to an electric, natural gas, or liquefied petroleum gas extension or connection of service, includes alternative fuel vehicle charging and fueling facilities in addition to buildings and other improvements.

(2) For the purposes of articles 1 to 7 of this title 40, persons generating electricity for use in alternative fuel vehicle charging or fueling facilities as authorized by subsection (4) of this section, persons reselling electricity supplied by a public utility, or persons reselling compressed or liquefied natural gas, liquefied petroleum gas, or any component parts or by-products to governmental entities or to the public for use as fuel in alternative fuel vehicles or buying electricity stored in such vehicles for resale are not subject to regulation as a public utility. Electric public utilities may provide the services described in this subsection (2) as unregulated or regulated services. Natural gas public utilities may provide these services as unregulated services.

(3) Owners or operators of property or premises containing an alternative fuel vehicle charging or fueling facility, or the owners or operators of the facility, shall purchase the electricity required for the facility from a public utility with the right to sell electricity to the property, premises, or facility except when the owners or operators of the property, premises, or facility generate electricity on the property or premises for use in alternative fuel vehicles as authorized by subsection (4) of this section.

(4) The owner or operator of a facility that generates electricity for use in alternative fuel vehicle charging or fueling facilities is not subject to regulation as a public utility, if:

(a) The electricity is generated on the property or premises where the charging or fueling facilities are located; and

(b) The electricity is generated from a renewable resource that:

(I) Qualifies as "retail distributed generation" as defined in section 40-2-124 (1)(a)(VIII), if located on the system of an entity subject to the requirements of section 40-2-124. The electric power requirements for the property pursuant to section 40-2-124 (1) include the demand for existing or proposed alternative fuel vehicle charging or fueling facilities in addition to buildings and other improvements.

(II) Complies with section 40-9.5-118, if located on the system of a cooperative electric association; or

(III) Complies with section 40-2-124 (7), if located on the system of a municipally owned utility.

(5) Sale of electricity or natural gas by a public utility to the owner or operator of an alternative fuel vehicle charging or fueling facility is a retail transaction.

(6) An electric public utility may recover the costs of distribution system investments to accommodate alternative fuel vehicle charging, subject to evaluation and cost recovery provisions that are comparable to other regulated investments in the distribution grid; except that distribution system investments that are a component of a transportation electrification plan submitted in accordance with section 40-5-107 are subject to sections 40-3-116 and 40-5-107. The commission shall consider revenues from electric vehicles in the utility's service territory in evaluating the retail rate impact. The retail rate impact from the development of electric vehicle infrastructure must not exceed one-half of one percent of the total annual revenue requirements of the utility.
C.R.S. § 40-8-101 — CO Code / Title 40 / Article 8 / Section 40-8-101
40-8-101. Undistributed overcharges turned over to municipality
Status: in_force

40-8-101. Undistributed overcharges turned over to municipality. (1) Except as provided in subsection (2) of this section, in all cases where there has been an overcharge by a public utility for any commodity or service on account of which rights to refunds have accrued to any municipality or the inhabitants thereof by reason of services or commodities received through the use of the streets of such municipality, with or without a franchise, and a refund of the amount overcharged has been directed by any court or other authorized governmental tribunal, and a part of such refund has not been made because of inability to find the persons entitled thereto within the time limit fixed by such court or tribunal, the court or tribunal shall direct that any such undistributed balance shall be turned over to the municipality.

(2) For gas, electric, and steam utilities, the public utilities commission may order that all or part of the undistributed balance of a refund be paid by the utility in an equitable manner to the general body of utility customers, and the public utilities commission may order a gas or electric utility to pay up to ninety percent of the undistributed balance of a refund into the fund established by the legislative commission on low-income energy and water assistance pursuant to section 40-8.5-104.
C.R.S. § 40-18-103 — CO Code / Title 40 / Article 18 / Section 40-18-103
40-18-103. Commission to promulgate rules
Status: in_force

40-18-103. Commission to promulgate rules. (1) The commission shall promulgate rules as are necessary to:

(a) Require, review, approve, and monitor the creation and implementation of a system safety program plan for each rail fixed guideway system operating in Colorado;

(b) Investigate hazardous conditions and accidents on rail fixed guideway systems;

(c) Require corrective action by a transit agency to correct or eliminate hazardous conditions;

(d) Require that system safety program standards comply with the requirements of 49 CFR 674, entitled "State Safety Oversight", at a minimum, and also adequately address the issue of personal security.

(2) The commission shall promulgate rules to establish a system safety oversight program for rail fixed guideway systems operating within the state that, at a minimum, meets the requirements of 49 CFR 674, entitled "State Safety Oversight".
C.R.S. § 40-3.5-102 — CO Code / Title 40 / Article 3.5 / Section 40-3.5-102
40-3.5-102. Regulation of rates
Status: in_force

40-3.5-102. Regulation of rates. The power and authority is hereby vested in the governing body of each municipal utility and it is hereby made the duty of each such governing body to adopt all necessary rates, charges, and regulations to govern and regulate all rates, charges, and tariffs of its municipal utility within its authorized electric and natural gas service areas which lie outside the jurisdictional limits of the municipality. No rate, charge, tariff, or voluntary plan approved pursuant to section 40-2-122 shall unjustly discriminate between or among those customers or recipients of any commodity, service, or product of the municipal utility within the authorized service area. In the event that any rate, charge, tariff, or voluntary plan established within the authorized service area which lies outside the jurisdictional limits of the municipality varies from the rate, charge, tariff, or voluntary plan established for the same class of customers or recipients of any such service within the authorized service area which lies inside the jurisdictional limits of the municipality, such rate, charge, tariff, or voluntary plan shall not become effective until reviewed and approved by the commission. Such review and approval shall be in accordance with the provisions of article 3 of this title; except that in no event shall the commission modify or establish such rate, charge, or tariff to an amount lower than that established by the municipality, or approve a voluntary plan that differs from the voluntary plan, for the same class of customers or recipients of any utility service within the authorized service area which lies inside the jurisdictional limits of the municipality.
C.R.S. § 40-10.1-114 — CO Code / Title 40 / Article 10.1 / Part 1 / Section 40-10.1-114
40-10.1-114. Penalty for violation of article
Status: in_force

40-10.1-114. Penalty for violation of article. (1) Every motor carrier and every officer, agent, or employee of a motor carrier and every other person who violates or fails to comply with or who procures, aids, or abets in the violation of this article, who fails to obey, observe, or comply with any order, decision, or rule of the commission adopted under this article, or who procures, aids, or abets any person in such failure to obey or observe such order, decision, or rule commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.

(2) An individual who is employed by or who contracts with a motor carrier and who operates a motor vehicle for the motor carrier's business in violation of section 40-10.1-110 commits a petty offense and shall be punished as provided in section 18-1.3-503.

(3) Each day of a continuing violation of this article constitutes a separate offense.
C.R.S. § 40-9.5-118 — CO Code / Title 40 / Article 9.5 / Part 1 / Section 40-9.5-118
40-9.5-118. Net metering - rules
Status: in_force

40-9.5-118. Net metering - rules. (1) Definitions. For purposes of this section, unless the context otherwise requires:

(a) "Customer-generator" means an end-use electricity customer that generates electricity on the customer's side of the meter using eligible energy resources.

(b) "Eligible energy resources" has the meaning established in section 40-2-124.

(2) Each cooperative electric association shall allow a customer-generator's retail electricity consumption to be offset by the electricity generated from eligible energy resources on the customer-generator's side of the meter that are interconnected with the facilities of the cooperative electric association, subject to the following:

(a) Monthly excess generation. If a customer-generator generates electricity in excess of the customer-generator's monthly consumption, all such excess energy, expressed in kilowatt-hours, shall be carried forward from month to month and credited at a ratio of one to one against the customer-generator's energy consumption, expressed in kilowatt-hours, in subsequent months.

(b) Annual excess generation. Within sixty days after the end of each annual period, or within sixty days after the customer-generator terminates its retail service, the cooperative electric association shall account for any excess energy generation, expressed in kilowatt-hours, accrued by the customer-generator and shall credit such excess generation to the customer-generator in a manner deemed appropriate by the cooperative electric association.

(c) Nondiscriminatory rates. A cooperative electric association shall provide net metering service at nondiscriminatory rates.

(d) Interconnection standards. A cooperative electric association and a customer-generator shall comply with the interconnection standards and insurance requirements established in the rules promulgated by the public utilities commission pursuant to section 40-2-124; except that the cooperative electric association may reduce or waive any of the insurance requirements, and except that the public utilities commission shall initiate a rule-making proceeding no later than October 1, 2008, for the purpose of addressing cooperative electric association system issues in its small generator interconnection procedures. A cooperative electric association shall not prevent or unreasonably burden the installation of a net metering system if such system includes protective equipment that prevents any export of customer-generated electricity from the customer's side of the meter.

(e) (I) Size specifications. Each cooperative electric association shall allow:

(A) Residential customer-generators to generate electricity subject to net metering up to ten kilowatts; and

(B) Commercial or industrial customer-generators to generate electricity subject to net metering up to twenty-five kilowatts.

(II) Each cooperative electric association may allow customer-generators to generate electricity subject to net metering in amounts in excess of the minimum amounts specified in subparagraph (I) of this paragraph (e). If the cooperative electric association denies interconnection to a customer-generator that has requested interconnection of a system with a capacity of twenty-five kilowatts or larger, the association shall provide a written technical or economic explanation of such denial to the customer.

(3) The cooperative electric association and the customer-generator shall indemnify, defend, and save the other party harmless from any and all damages, losses, or claims, including claims and actions relating to injury to or death of any person or damage to property, demand, suits, recoveries, costs and expenses, court costs, attorney fees, and all other obligations by or to third parties, arising out of or resulting from the other party's action or failure to act in relation to any obligations under this section, except in cases of gross negligence or intentional wrongdoing by the indemnified party.
C.R.S. § 40-10.1-604 — CO Code / Title 40 / Article 10.1 / Part 6 / Section 40-10.1-604
40-10.1-604. Registration - financial responsibility of transportation network companies - pr
Status: repealed

40-10.1-604. Registration - financial responsibility of transportation network companies - primary liability insurance - insurance protection against uninsured motorists. (1) A transportation network company shall comply with the filing requirements of part 3 and the registered agent requirement of part 7 of article 90 of title 7, C.R.S.

(2) A transportation network company shall file with the commission documentation evidencing that the transportation network company or the driver has secured primary liability insurance coverage for the driver for incidents involving the driver during a prearranged ride. Coverage for incidents involving a driver during a prearranged ride must be in the amount of at least one million dollars per occurrence. The insurance policy must provide coverage at all times the driver is engaged in a prearranged ride. This subsection (2) becomes effective ninety days after June 5, 2014.

(2.5) On and after August 10, 2022, for each transportation network company driver, the driver's transportation network company shall file with the commission, in a manner prescribed by the commission, documentation evidencing that the transportation network company has secured insurance coverage against damage caused by uninsured motorists, as described in section 10-4-609, for the driver and for each transportation network company rider in the driver's personal vehicle for incidents involving the driver during a prearranged ride. Such coverage must be in the amounts of at least two hundred thousand dollars per person and four hundred thousand dollars per occurrence. The insurance policy must provide coverage to drivers and riders at all times the driver is engaged in a prearranged ride.

(3) For the period of time when a driver is logged into a transportation network company's digital network but is not engaged in a prearranged ride, the following insurance requirements apply:

(a) Repealed.

(b) On or before January 15, 2015, and thereafter, a driver or a transportation network company on the driver's behalf shall maintain a primary automobile insurance policy that:

(I) Recognizes that the driver is a transportation network company driver and covers the driver's provision of transportation network company services while the driver is logged into the transportation network company's digital network;

(II) Meets at least the minimum coverage of at least fifty thousand dollars to any one person in any one accident, one hundred thousand dollars to all persons in any one accident, and for property damage arising out of the use of the motor vehicle to a limit, exclusive of interest and costs, of thirty thousand dollars in any one accident; and

(III) Is one of the following:

(A) Full-time coverage similar to the coverage required by commission rules promulgated under section 40-10.1-107 (1);

(B) An insurance rider to, or endorsement of, the driver's personal automobile insurance policy required by the "Motor Vehicle Financial Responsibility Act", article 7 of title 42, C.R.S.; or

(C) A corporate liability insurance policy purchased by the transportation network company that provides primary coverage for the period of time in which a driver is logged into the digital network.

(c) Repealed.

(d) If a transportation network company purchases an insurance policy under this subsection (3), it shall provide documentation to the commission evidencing that the transportation network company has secured the policy. If the responsibility is placed on a driver to purchase insurance under this subsection (3), the transportation network company shall verify that the driver has purchased an insurance policy under this subsection (3).

(4) A driver's personal automobile insurance policy that complies with part 6 of article 4 of title 10, C.R.S., is sufficient to satisfy the compulsory insurance requirements thereof. An insurance policy required by subsection (2) or subsection (3) of this section:

(a) May be placed with an insurer licensed under title 10, C.R.S., or with a surplus lines insurer authorized under article 5 of title 10, C.R.S.; and

(b) Need not separately satisfy the requirements of part 6 of article 4 of title 10, C.R.S.

(5) Nothing in this section requires a personal automobile insurance policy to provide coverage for the period of time in which a driver is logged into a transportation network company's digital network.

(6) If more than one insurance policy provides valid and collectible coverage for a loss arising out of an occurrence involving a motor vehicle operated by a driver, the responsibility for the claim must be divided on a pro rata basis among all of the applicable policies. This equal division of responsibility may only be modified by the written agreement of all of the insurers of the applicable policies and the owners of those policies.

(7) In a claims coverage investigation, a transportation network company shall cooperate with an insurer that also insures the driver's transportation network company vehicle, including the provision of relevant dates and times during which an incident occurred that involved the driver while the driver was logged into a transportation network company's digital network.

(8) Nothing in this section modifies or abrogates any otherwise applicable insurance requirements set forth in title 10, C.R.S.

(9) If a transportation network company's insurer makes a payment for a claim covered under comprehensive coverage or collision coverage, the transportation network company shall cause its insurer to issue the payment directly to the business repairing the vehicle or jointly to the owner of the vehicle and the primary lienholder on the covered vehicle. The commission shall not assess any fines as a result of a violation of this subsection (9).
C.R.S. § 40-3.5-101 — CO Code / Title 40 / Article 3.5 / Section 40-3.5-101
40-3.5-101. Application - reasonable charges - adequate service
Status: in_force

40-3.5-101. Application - reasonable charges - adequate service. (1) This article shall be applicable within the authorized electric and natural gas service areas of each municipal utility that lie outside the jurisdictional limits of such municipality. Insofar as municipal utilities establish rates, charges, and tariffs and any regulations pertaining thereto in accordance with the provisions of this article, the provisions of section 40-1-104 and articles 4, 6, and 7 of this title shall not apply; except that section 40-4-105 shall apply with respect to the crossing of railroad rights-of-way. Nothing in this article shall be construed as limiting the applicability of article 5 of this title.

(2) All charges made, demanded, or received by any municipal utility for any rate, product, or commodity furnished or to be furnished or any service rendered or to be rendered shall be just, reasonable, and sufficient.

(3) Every municipal utility shall furnish, provide, and maintain such service, instrumentalities, equipment, and facilities as shall promote the safety, health, comfort, and convenience of its patrons, its employees, and the public, and as shall in all respects be adequate, efficient, just, and reasonable.

(4) For the purposes of this article, "municipal utility" means a municipal natural gas or electric utility.
C.R.S. § 40-1-103.5 — CO Code / Title 40 / Article 1 / Section 40-1-103.5
40-1-103.5. Limited exemption of master meter operators - conditions - rules
Status: in_force

40-1-103.5. Limited exemption of master meter operators - conditions - rules. (1) Upon its own motion or upon application by any person who purchases gas or electric service from a regulated public utility for the purpose of delivery of such service to end users whose aggregate usage is to be measured by a master meter or other composite measurement device, the commission may exempt such person from regulation of rates under the "Public Utilities Law", articles 1 to 7 of this title 40, as the commission deems appropriate, so long as all of the following conditions are met:

(a) Such person, referred to in this section as a "master meter operator" or "MMO", does not charge the end users, as part of its billing for utility service, for any costs in addition to the actual cost billed to the MMO by the serving utility, including without limitation costs of construction, maintenance, financing, administration, metering, or billing for the utility distribution system owned by the MMO; except that this subsection (1)(a) does not apply to refunds, rebates, rate reductions, net metering credits, or similar adjustments attributable to the use of electricity generated from retail distributed generation that is located on property owned or leased by the MMO or by a customer served by the MMO;

(b) If the MMO bills the end users separately for service, the sum of such billings does not exceed the amount billed to the MMO by the serving utility;

(c) If the MMO bills the end users separately for service, the MMO passes on to the end users any refunds, rebates, rate reductions, or similar adjustments it receives from the serving utility;

(d) Any other conditions deemed necessary by the commission.

(2) In passing on refunds, rebates, rate reductions, or similar adjustments to end users, the MMO shall notify its current end users, either by first-class mail with a certificate of mailing or by inclusion in any monthly or more frequent regular written communication, of the adjustments and inform the end users that they may claim the adjustments within ninety days after receipt of the notice. The MMO may retain any portion of the adjustments that rightfully belongs to the MMO. Upon the expiration of the ninety-day claims period, the MMO shall identify any such adjustments that are unclaimed and, if the aggregate amount unclaimed exceeds one hundred dollars, the MMO shall contribute the unclaimed amount to the fund established by the legislative commission on low-income energy and water assistance pursuant to section 40-8.5-104.

(3) (a) The commission shall adopt such rules as it deems necessary to implement this section.

(b) No later than December 31, 2022, the commission shall adopt new or amended rules that would enable landlords of multiunit buildings and tenants in multiunit buildings to share in the production from a net metered retail distributed generation installation. In adopting rules, the commission shall consider Colorado's greenhouse gas emission reduction goals and the need to electrify buildings, transportation, and other commercial and industrial sectors to meet those goals. The commission shall also consider rules that would encourage landlords to bear the attendant costs and to retain at least a portion of the resulting benefits in addition to any other incentives the commission finds appropriate.
C.R.S. § 40-3.2-210 — CO Code / Title 40 / Article 3.2 / Part 2 / Section 40-3.2-210
40-3.2-210. Exemption from limits on voluntary emission reductions
Status: in_force

40-3.2-210. Exemption from limits on voluntary emission reductions. The limits on utility expenditures on voluntary emission reductions in section 40-3.2-102 do not apply to utility expenditures under a plan approved by the commission under this part 2.
C.R.S. § 40-33-102 — CO Code / Title 40 / Article 33 / Section 40-33-102
40-33-102. Contributory negligence no bar
Status: in_force

40-33-102. Contributory negligence no bar. In all actions brought against any such common carrier under or by virtue of any of the provisions of this article to recover damages for personal injury to the employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee; but no such employee who may be injured or killed shall be held to have been guilty of contributory negligence in any case where the violation by such employer of any state or federal statute enacted for the safety of employees contributed to the injury or death of such employee.
C.R.S. § 40-3-107.5 — CO Code / Title 40 / Article 3 / Section 40-3-107.5
40-3-107.5. Interconnection with renewable energy cooperatives
Status: in_force

40-3-107.5. Interconnection with renewable energy cooperatives. Electric utilities shall interconnect with renewable energy cooperatives organized pursuant to section 7-56-210, C.R.S. Every renewable energy cooperative that desires to interconnect its system with any facilities owned or operated by a public utility shall comply with applicable interconnection rules and with reasonable standards and policies related to the reliability of the public utility system. All such standards and policies, as well as all costs for the interconnection, shall be fair, reasonable, and nondiscriminatory to each renewable energy cooperative.
C.R.S. § 40-15-203.5 — CO Code / Title 40 / Article 15 / Part 2 / Section 40-15-203.5
40-15-203.5. Simplified regulatory treatment for rural telecommunications providers
Status: in_force

40-15-203.5. Simplified regulatory treatment for rural telecommunications providers. The commission, with due consideration of the public interest, quality of service, financial condition, and just and reasonable rates, shall grant regulatory treatment that is less comprehensive than otherwise provided for under this article to rural telecommunications providers as defined in section 40-15-102 (24.5). The commission shall issue policy statements and rules and regulations that maintain reasonable regulatory oversight and that consider the cost of regulation in relation to the benefit derived from such regulation. These rules and regulations shall encourage the cost effective deployment and use of modern telecommunications technology. All proposed rules applicable to rural telecommunications providers that come before the commission shall consider the economic impact on rural telecommunications providers and their subscribers. The commission and rural telecommunications providers are encouraged to work together in a cooperative and proactive fashion to implement this section.
C.R.S. § 40-9.5-109.7 — CO Code / Title 40 / Article 9.5 / Part 1 / Section 40-9.5-109.7
40-9.5-109.7. Electronic participation - meetings - elections conducted by mail or electronic
Status: in_force

40-9.5-109.7. Electronic participation - meetings - elections conducted by mail or electronic means - definition. (1) A cooperative electric association may adopt provisions in its bylaws authorizing members to participate electronically in member meetings of the association.

(2) (a) Notwithstanding section 7-55-110 or any other provision of law to the contrary, a cooperative electric association may adopt provisions in its bylaws authorizing members to vote electronically in an election of directors of the board or in an election on any matter requiring a vote of the membership. If authorized by its bylaws, the association may establish a secure and verifiable electronic transmission system through which a member may apply for, receive, and return a ballot in an election.

(b) As used in this section, "secure and verifiable electronic transmission system" means a system that saves and is capable of producing the records necessary to audit the operation of the electronic transmission, including a paper record of all ballots sent and received.

(3) Notwithstanding section 7-55-119, a member who registers in person or electronically at any cooperative electric association meeting or who casts a vote through mail ballot or a secure electronic transmission system if authorized by the association's bylaws is considered present in person for the purpose of determining a quorum for action by the membership.

(4) Notwithstanding any other provision of law, a cooperative electric association may adopt provisions in its bylaws allowing directors on the board of directors to participate and vote electronically in meetings of the board of directors. A meeting of the board of directors that is conducted electronically must allow members of the association an opportunity to address the board in accordance with section 40-9.5-108 (2)(b).
C.R.S. § 40-27-115 — CO Code / Title 40 / Article 27 / Section 40-27-115
40-27-115. Admission of liability - waiver of claim
Status: in_force

40-27-115. Admission of liability - waiver of claim. No act of the said railroad company, its employees or agent, or the owner of such injured animal shall be held to be an admission of liability or responsibility on the part of the said company for the injury of the said animal nor a waiver or relinquishment by said owner of any right or claim to damages from said company.
C.R.S. § 40-3.2-105 — CO Code / Title 40 / Article 3.2 / Part 1 / Section 40-3.2-105
40-3.2-105. Reporting requirement
Status: repealed

40-3.2-105. Reporting requirement. (Repealed)
C.R.S. § 40-27-106 — CO Code / Title 40 / Article 27 / Section 40-27-106
40-27-106. Engineer to notify agent - inspection
Status: in_force

40-27-106. Engineer to notify agent - inspection. (1) Whenever any cattle, sheep, horses, mules, or asses are killed or injured by any train, engine, or car upon any railway in this state, it is the duty of the engineer operating the engine, train, or car to notify the station agent at the first station at which the train stops after the killing or wounding or the superintendent or other proper official at the end of the division where the engineer's run ends. Should none of the employees of the train be aware of such killing or wounding, then it is the duty of any employee of the railway who becomes aware of such accident to notify the station agent at the nearest station to the point where the accident occurred.

(2) It is the duty of the railroad company, through its station agent or such other official as may be designated, upon receipt of the information of the killing or wounding of any such livestock by any engine, train, or car, as soon as may be, to notify the section foreman upon whose section the accident occurred and also the nearest inspector of the state board of stock inspection commissioners.

(3) It is the duty of the section foreman upon receiving the information to go to the point where the animal was killed or injured as soon as may be and there inspect the same, securing a full description of the animal together with any brands or marks that are upon the same and such other details as may serve to determine the ownership of such animal.

(4) It is the duty of said stock inspector, as soon as may be after receiving said notice, to go to the point where the animal was killed or injured and there inspect the same, securing a full description of the animal together with any brands or marks that may be on the same and such other details as may serve to determine ownership of such animal. It is also the duty of the inspector to estimate as nearly as possible the probable value of said animal if killed or the amount of damages if injured.

(5) Should the animal be so badly injured that it is in great suffering and cannot live or recover, it is the duty of either the stock inspector or the section foreman upon inspection to immediately kill the animal. If through any cause such an authorized inspector does not appear to inspect such animal so killed within thirty-six hours after such killing, it is the duty of the section foreman to remove the hide of said animal and preserve the same until it has been inspected by such inspector, and thereafter the carcass of such animal shall be disposed of by the railroad company, without prejudice to its rights, in such manner as it may determine.
C.R.S. § 40-17.5-104 — CO Code / Title 40 / Article 17.5 / Section 40-17.5-104
40-17.5-104. Prepaid wireless 988 charge - collection - rules
Status: in_force

40-17.5-104. Prepaid wireless 988 charge - collection - rules. (1) (a) The seller shall collect, on behalf of the 988 crisis hotline enterprise, the prepaid wireless 988 charge imposed by the enterprise pursuant to section 27-64-103 (4)(b) from the consumer on each retail transaction occurring in the state. The amount of the prepaid wireless 988 charge shall be either disclosed to the consumer or separately stated or stated on the same line item as the 911 surcharge created in section 29-11-102.3 on an invoice, receipt, or other similar document the seller provides to the consumer. A seller shall elect to either disclose or separately state the charge and shall not change the election without the written consent of the department. The seller is deemed to have collected the charge notwithstanding the seller's failure to separately disclose or state the charge on an invoice, receipt, or other similar document the seller provides to the consumer.

(b) For purposes of this section, a retail transaction occurs in Colorado if:

(I) The consumer effects the retail transaction in person at a business location in Colorado;

(II) If subsection (1)(b)(I) of this section does not apply, the product is delivered to the consumer at a Colorado address provided to the seller;

(III) If subsections (1)(b)(I) and (1)(b)(II) of this section do not apply, the seller's records, maintained in the ordinary course of business, indicate that the consumer's address is in Colorado and the records are not made or kept in bad faith;

(IV) If subsections (1)(b)(I) to (1)(b)(III) of this section do not apply, the consumer gives a Colorado address during the consummation of the sale, including the consumer's payment instrument if no other address is available, and there is no indication that the address is given in bad faith; or

(V) If subsections (1)(b)(I) to (1)(b)(IV) of this section do not apply, the mobile telephone number is associated with a Colorado location.

(c) The prepaid wireless 988 charge is the liability of the consumer and not of the seller; except that the seller is liable to remit all prepaid wireless 988 charges that the seller collects from a consumer as provided in subsection (2) of this section.

(d) The amount of the prepaid wireless 988 charge that is collected by a seller from a consumer is not included in the base for measuring any tax, fee, surcharge, or other charge that is imposed by the state, any political subdivision of the state, or any intergovernmental agency.

(2) (a) The seller shall remit any collected prepaid wireless 988 charges to the department at the times and in the manner provided in part 1 of article 26 of title 39. The department shall establish, by rule, registration and payment procedures that substantially coincide with the registration and payment procedures that apply under part 1 of article 26 of title 39. A seller is subject to the penalties under part 1 of article 26 of title 39 for failure to collect or remit a prepaid wireless 988 charge in accordance with this section.

(b) A seller may deduct and retain three and three-tenths percent of the prepaid wireless 988 charges that are collected by the seller from the consumers.

(c) The audit and appeal procedures applicable to the state sales tax pursuant to part 1 of article 26 of title 39 apply to prepaid wireless 988 charges.

(d) The department shall, by rule, establish procedures by which a seller may document that a transaction is not a retail transaction, which procedures must substantially coincide with the procedures for documenting that a sale was wholesale for purposes of the sales tax pursuant to part 1 of article 26 of title 39.

(e) (I) The state treasurer shall credit the prepaid wireless 988 charges remitted to the department pursuant to subsection (2)(a) of this section to the 988 crisis hotline cash fund created in section 27-64-104.

(II) The department may retain up to three percent of the collected charges necessary to reimburse the department for its direct costs of administering the collection and remittance of prepaid wireless 988 charges.

(3) The prepaid wireless 988 charge imposed pursuant to section 27-64-103 (4)(b) is the only direct 988 funding obligation imposed with respect to prepaid wireless telecommunications service in the state. No tax, fee, surcharge, or other charge to fund the 988 crisis hotline is imposed by the state, any political subdivision of the state, or any intergovernmental agency upon a seller or consumer with respect to the sale, purchase, use, or provision of prepaid wireless telecommunications service.
C.R.S. § 40-9.5-109.5 — CO Code / Title 40 / Article 9.5 / Part 1 / Section 40-9.5-109.5
40-9.5-109.5. Election policy - adoption - publication - contents
Status: in_force

40-9.5-109.5. Election policy - adoption - publication - contents. (1) The board of directors of each cooperative electric association shall adopt a written policy governing the election of directors. The association shall post the policy on the association's website, provide notice of the policy at the time a person becomes a member, and provide a copy of the policy to a member upon request. The election policy shall contain true and complete information on the following subjects:

(a) The procedure and timing for a member to become a candidate for the board of directors and the process by which elections for the board of directors are held;

(b) The qualifications for candidates and requirements for appearing on the ballot;

(c) The date of the election, which shall be fixed, posted on the association's website, and otherwise publicized no less than six months before the election;

(d) Who is entitled to vote in an election, including how joint members may vote; and

(e) How a member may obtain and cast a ballot.

(2) In addition to the requirements of subsection (1) of this section, information on how to become a candidate and the schedule for elections shall be posted on the association's website and otherwise publicized based on a member's preferred method of communication no less than two months before petitions to become a candidate are due.

(3) The deadline to return ballots shall be posted on the website at least two months before the deadline and shall remain so posted until after the election.
C.R.S. § 40-8.7-101 — CO Code / Title 40 / Article 8.7 / Section 40-8.7-101
40-8.7-101. Short title
Status: in_force

40-8.7-101. Short title. This article shall be known and may be cited as the "Low-income Energy Assistance Act".
C.R.S. § 40-2-132 — CO Code / Title 40 / Article 2 / Part 1 / Section 40-2-132
40-2-132. Distribution system planning - definition - rules
Status: in_force

40-2-132. Distribution system planning - definition - rules. (1) The commission shall promulgate rules establishing the filing of a distribution system plan. The commission's rules must:

(a) Define the following terms:

(I) Distributed energy resources that include:

(A) Distributed renewable electric generation;

(B) Energy storage systems connected to the distribution grid;

(C) Microgrids;

(D) Energy efficiency measures; and

(E) Demand response measures; and

(II) Non-wires alternatives;

(b) Develop a methodology for evaluating the costs and net benefits of using distributed energy resources as non-wires alternatives;

(c) Determine a threshold for the size of a new distribution project, whether in dollars, meters, or another factor, as determined by the commission, for when a qualifying retail utility must consider implementation or use of non-wires alternatives, potentially including energy efficiency measures under utility programs for new electric service to any planned new neighborhoods or housing developments;

(d) Direct each qualifying retail utility to file a distribution system plan;

(e) Determine what shall be included in a distribution system plan, which at a minimum must include the following:

(I) Information regarding:

(A) System and substation historical data;

(B) Peak demand;

(C) Adoption of distributed energy resources; and

(D) Distribution system investments;

(II) To provide new electric service to any planned new neighborhoods or housing developments expected to include more than ten thousand new residences, a description of the qualifying retail utility's consideration of non-wires alternatives, potentially including energy efficiency measures under utility programs;

(III) An updated load forecast that includes any new load resulting from projected or forecasted growth from beneficial electrification programs;

(IV) A forecast of the growth of distributed energy resources for the years covered by the plan;

(V) A high-level summary of its planning process for addressing cyber and physical security risks. As part of the summary, the qualifying retail utility need not report any confidential, proprietary, or other information in the plan that could in any way compromise or decrease the qualifying retail utility's ability to prevent, mitigate, or recover from potential system disruptions caused by weather events, physical events, or cyber attacks.

(VI) A proposed cost-recovery method or mechanism for any non-wires alternative investments found to be outside the ordinary course of business;

(VII) A description of the qualifying retail utility's anticipated new distribution system expansion investments for the years covered by the plan;

(VIII) A process to evaluate the plan's feasibility and the economic impacts of using non-wires alternatives for certain projects;

(IX) An estimate of the year in which peak demand growth or distributed energy resource growth would merit analysis of new non-wires alternative projects; and

(X) Any other information that the commission deems relevant.

(2) The commission shall approve a qualifying retail utility's investment in non-wires alternatives if the commission finds the investment to be in the public interest.

(3) (a) The commission shall determine whether a qualifying retail utility's ratepayers would realize benefits from a non-wires alternative investment and whether the associated costs are just and reasonable.

(b) To evaluate the success of any non-wires alternative investment authorized pursuant to a qualifying retail utility's distribution system plan, the commission may adopt criteria, benchmarks, or accountability mechanisms with which the qualifying retail utility must comply.

(4) As used in this section, "qualifying retail utility" has the meaning described in section 40-2-124 (1); except that the term does not mean a municipally owned utility or a cooperative electric association.
C.R.S. § 40-42-106 — CO Code / Title 40 / Article 42 / Section 40-42-106
40-42-106. Electric transmission authority operational fund - creation
Status: in_force

40-42-106. Electric transmission authority operational fund - creation. The electric transmission authority operational fund is created in the authority. The operational fund consists of money transferred to the operational fund pursuant to section 40-42-105 (4), any other money that the authority may transfer to the operational fund, and interest and income derived from the deposit and investment of money in the operational fund. The authority may expend money from the operational fund for the purpose of carrying out this article 42, and the authority may establish procedures to administer the operational fund in accordance with this article 42 and any other applicable provision of state law.
C.R.S. § 40-21-101 — CO Code / Title 40 / Article 21 / Section 40-21-101
40-21-101. Domestic railroads - headquarters
Status: in_force

40-21-101. Domestic railroads - headquarters. Every railroad company chartered by this state shall keep and maintain permanently its general offices within the state of Colorado at the place named in its charter for the location of its general offices; and, if no certain place is named in its charter where its general offices shall be located and maintained, said railroad company shall keep and maintain its general offices at the place within this state where it contracts or agrees for a valuable consideration to locate its general offices; and, if said railroad company has not contracted or agreed for a valuable consideration to maintain its general offices at any certain place within this state, such general offices shall be located and maintained at such place on its line in this state as said railroad company may designate.
C.R.S. § 40-6-112 — CO Code / Title 40 / Article 6 / Section 40-6-112
40-6-112. Alteration or amendment of decision - decisions final in collateral actions
Status: in_force

40-6-112. Alteration or amendment of decision - decisions final in collateral actions. (1) The commission, at any time upon notice to the public utility affected, and after opportunity to be heard as provided in the case of complaints, may rescind, alter, or amend any decision made by it. Any decision rescinding, altering, or amending a prior decision, when served upon the public utility affected, shall have the same effect as original decisions.

(2) In all collateral actions or proceedings, the decisions of the commission which have become final shall be conclusive.
C.R.S. § 40-2-117 — CO Code / Title 40 / Article 2 / Part 1 / Section 40-2-117
40-2-117. Legislative declaration - commission to conduct review of rate structures
Status: repealed

40-2-117. Legislative declaration - commission to conduct review of rate structures. (Repealed)
C.R.S. § 40-8.5-101 — CO Code / Title 40 / Article 8.5 / Section 40-8.5-101
40-8.5-101. Legislative declaration
Status: in_force

40-8.5-101. Legislative declaration. In enacting this article 8.5, the general assembly finds and declares that there is a need to make distributions of money to provide aid and assistance to the indigent, the elderly, and persons with disabilities, who do not otherwise have the financial resources to meet their heating and other energy needs. The general assembly further finds and declares that the low-income energy assistance program of the department of human services is the most appropriate entity to determine those most in need of such aid and assistance. Therefore, this article 8.5 authorizes the legislative commission on low-income energy and water assistance to establish a fund from which to collect and distribute money to accomplish the goals set forth in this section. The money for the fund must be funded in part by unclaimed utility deposits.
C.R.S. § 40-10.1-406 — CO Code / Title 40 / Article 10.1 / Part 4 / Section 40-10.1-406
40-10.1-406. Failure to comply
Status: in_force

40-10.1-406. Failure to comply. (1) No fees - return of vehicle. (a) If a towing carrier fails to comply with this article 10.1, article 20 of title 38, or part 18 or 21 of article 4 of title 42 or any rule promulgated under this article 10.1 or part 18 or 21 of article 4 of title 42, the towing carrier:

(I) Shall not charge or retain any fees or charges for the services performed with respect to the vehicle; and

(II) Shall return to the authorized or interested person any fees it collected with respect to the vehicle.

(b) It is an affirmative defense in any action to collect towing fees that:

(I) The vehicle was towed nonconsensually; and

(II) The towing carrier failed to comply with section 40-10.1-405.

(c) Within forty-eight hours after a tow is determined to have been performed in violation of this article 10.1 or any rules promulgated under this article 10.1, the towing carrier shall return the vehicle back to the location from where it was towed unless:

(I) The authorized or interested person notifies the towing carrier that the person prefers to retrieve the vehicle from the towing carrier's storage facility without charge; or

(II) Returning the vehicle to the location from where the vehicle was towed is not practical, as determined by the commission.

(2) Attorney fees. An authorized or interested person seeking reimbursement for damages may recover from the towing carrier reasonable attorney fees if:

(a) The vehicle was towed nonconsensually;

(b) A court holds that:

(I) The towing carrier failed to comply with this article 10.1, article 20 of title 38, or part 18 or 21 of article 4 of title 42 or any rule promulgated under this article 10.1 or part 18 or 21 of article 4 of title 42, and this failure caused damages, including economic damages, to the vehicle owner or lienholder; or

(II) The towing carrier damaged a vehicle while connecting it to a towing vehicle, while possessing the vehicle, or while returning the vehicle to an authorized or interested person; and

(c) The authorized or interested person demanded reimbursement for the suffered damages and the towing carrier refused to reimburse the authorized or interested person for the damages.

(3) Damages recovered for party in interest. In a court action arising from a nonconsensual tow, any authorized or interested person may recover the damages suffered by another authorized or interested person from a towing carrier if the person who recovers the damages reimburses the other authorized or interested person for the damages suffered by the authorized or interested person. A court may issue an order implementing this subsection (3).
C.R.S. § 40-9.5-107 — CO Code / Title 40 / Article 9.5 / Part 1 / Section 40-9.5-107
40-9.5-107. Duties of cooperative electric associations
Status: in_force

40-9.5-107. Duties of cooperative electric associations. (1) Cooperative electric associations shall provide reasonably continuous and adequate electric utility service to all members and consumers within their certificated service areas.

(2) Cooperative electric associations shall provide and maintain reasonably adequate facilities for the provision of electric utility service within their certificated service areas.

(3) All cooperative electric associations shall cooperate with each other and with other electric utilities in avoiding unnecessary construction of facilities and cooperate in the joint use of facilities for generation, transmission, and distribution of electric energy.

(4) Cooperative electric associations shall construct and maintain their facilities in a careful and safe fashion so as to minimize hazards to either persons or property.

(5) Cooperative electric associations shall continue to file with the public utilities commission those items required by sections 40-2-111, 40-3-110, and 40-5-106 (2) and shall comply with section 40-2-124 (3) and (4). The records and accounts of cooperative electric associations shall be kept in accordance with procedures established by the commission pursuant to section 40-4-111.

(6) If a cooperative electric association has an immediate shutoff policy, such association shall have provisions for an immediate appeal of such policy to the board of directors.

(7) The board of directors of a cooperative electric association shall adopt all necessary rules and regulations to comply with the provisions of this part 1.

(8) Any conflict arising out of this section shall be resolved by the public utilities commission in accordance with the hearing procedures established in article 6 of this title.
C.R.S. § 40-20-303 — CO Code / Title 40 / Article 20 / Part 3 / Section 40-20-303
40-20-303. Wayside detector systems - obstructions at public crossings - reports - definiti
Status: in_force

40-20-303. Wayside detector systems - obstructions at public crossings - reports - definition. (1) On or before January 1, 2025, and on or before January 1 of each year thereafter, a railroad operating any main line in the state shall submit to the public utilities commission a public report that discloses, at a minimum, the following information:

(a) An overview of the types of, general locations of, and spacing between wayside detectors on main lines in Colorado;

(b) A general description of how the wayside detector system promotes safety, including plans to adjust or improve the wayside detector system or review wayside detector technology;

(c) A general description of the process by which defects or other detections are managed in order to provide notice to train operators and others; and

(d) The percentage of time that each type of wayside detector was operational for the previous year.

(2) (a) Except for trains or equipment stopped due to mechanical failure where separation or movement is not possible, the state expects that any train or equipment operating on a main line or siding in the state should be operated in such a manner as to minimize obstruction of emergency vehicles at highway-rail crossings. Upon the approach of an emergency vehicle to any blocked crossing, an emergency vehicle may give warning of its approach by the sounding of sirens, flashing of lights, waving of a flag, or any other warning sufficient to attract attention to the emergency vehicle to allow the train crew to separate the train or equipment and clear the crossing with all possible dispatch to permit the emergency vehicle to pass. If a blocked crossing is not cleared, the entity operating the emergency vehicle or the department of public safety shall request that the railroad immediately take any action, consistent with safe operating procedures, necessary to clear the highway-rail crossing.

(b) The department of public safety shall, and other emergency vehicle operators may, report to the office of rail safety the details of any event in which an emergency vehicle was stopped or delayed by a train blocking a highway-rail crossing, any request that was made to clear the crossing, the resolution of any such request, and any effects that the delay of the emergency vehicle had on the emergency response.

(c) As used in this subsection (2), "emergency vehicle" means:

(I) An ambulance operated by a public authority or by a private person;

(II) A police vehicle;

(III) A fire engine;

(IV) A vehicle operated by a power company, electric company, or other public utility;

(V) A vehicle used for emergency purposes by the federal government of the United States; or

(VI) Any other vehicle that is being operated for the purpose of saving life or property or responding to any public peril.
C.R.S. § 40-6.5-106 — CO Code / Title 40 / Article 6.5 / Section 40-6.5-106
40-6.5-106. Powers of the director - report
Status: in_force

40-6.5-106. Powers of the director - report. (1) The director:

(a) May employ such attorneys, engineers, economists, accountants, or other employees as may be necessary to carry out the director's duties;

(b) Shall be granted, by the commission, leave to intervene in all cases where such request is made in conformance with rules of the commission;

(c) May contract for the services of technically qualified persons to perform research and to appear as expert witnesses before the commission. The director shall pay any person contracted with pursuant to this subsection (1)(c) from funds appropriated for the director's use.

(d) May have access to the files of the commission when conducting research;

(e) (I) May inspect the records and documents of any public utility and conduct depositions under oath of any officer, agent, or employee of a public utility in relation to the public utility's business and affairs. To exercise this authority, the director shall request that the commission issue a subpoena pursuant to the commission's authority under section 40-6-103 (1) to:

(A) Issue a subpoena on a public utility requiring the public utility to produce records or documents, or, for records or documents kept outside of the state, to produce verified copies of records or documents, for inspection by the office at such time and place that the commission designates; or

(B) Issue a subpoena for the attendance of witnesses at a deposition to be conducted by the director or the director's designee at such time and place that the commission designates. The director or the director's designee has the authority to administer oaths of witnesses at a deposition held pursuant to this subsection (1)(e)(I).

(II) With respect to the good cause shown requirement set forth in section 40-6-103 (1) for the issuance of a subpoena, good cause is shown for a request made pursuant to this subsection (1)(e) if the director's request identifies the testimony, records, or documents sought pursuant to this subsection (1)(e).

(2) The director may petition for, request, initiate, and appear and intervene as a party in any commission proceeding, including a rule-making proceeding, that concerns or affects utility rate changes, charges, tariffs, modifications of service, and matters involving certificates of public convenience and necessity. Notwithstanding any provision of this article 6.5 to the contrary, the director shall not be a party to any individual complaint between a utility and an individual.

(2.5) The director may petition for, request, initiate, or seek to intervene in any proceeding before a federal agency that regulates utility rates or service or before a federal court when the matter before the agency or court will affect a rate, charge, tariff, or term of service for a utility product or service for a residential, small business, or agricultural utility consumer in the state of Colorado. The phrase "federal agency that regulates utility rates or service" does not include any federal lending agency.

(3) (a) The director and any member of the director's staff directly involved in a specific adjudicatory proceeding before the commission shall refrain from ex parte communications with members of the commission. The director and the director's staff have all rights and are governed by the same ex parte rules as all other intervenors.

(b) As used in this subsection (3), an "adjudicatory proceeding" does not include a rule-making proceeding or discussions on pending legislative proposals.

(4) (a) The director or the director's designee shall provide policy analysis to the executive director on legislative matters pending before the general assembly that directly relate to the office's mission.

(b) The office may provide presentations and other forms of education to the general assembly on the types of matters that involve:

(I) Public utilities' rates and charges;

(II) The provision of services;

(III) Certificates of public convenience and necessity for facilities:

(A) That are or would be used in providing utility service; and

(B) The construction of which would have material effect on a public utility's rates and charges; and

(IV) Other matters that affect the public interest of the constituents that the office represents.

(c) The department of regulatory agencies shall annually report on the office as part of its presentation to its committees of reference at a hearing held pursuant to section 2-7-203 (2)(a) of the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", including reporting on the following:

(I) A summary of matters in which the office intervened in the preceding year and the resolution, if any, of those matters; and

(II) A summary of the office's other work in the preceding year.
C.R.S. § 40-21-102 — CO Code / Title 40 / Article 21 / Section 40-21-102
40-21-102. Officials at general offices
Status: in_force

40-21-102. Officials at general offices. It is the duty of said railroad company to keep and maintain at the place within this state where its said general offices are located the office of its president or vice-president, secretary, treasurer, local treasurer, auditor, general freight agent, traffic manager, general manager, general superintendent, general passenger and ticket agent, chief engineer, superintendent of motive power and machinery, master mechanic, master of transportation, fuel agent, and general claim agent; and each of its general offices, by whatsoever name known, shall be so kept and maintained at said place. This article shall apply to every person who performs the duties of any of said offices, by whatever title known, and the railroad company shall not be allowed to have any of the offices usually known as general offices at any other place than the place where it is required by this article to keep its general offices. Where the principal shops of any company are situated on its line in the state at a place other than the place where its general offices are located, the superintendent of motive power and machinery and the master mechanic, either or both, may have his office and residence at the place where such principal shops are located. The public utilities commission of the state of Colorado, where it is made to appear that any officer other than the general officers of any railroad company can more conveniently perform his duties by residing at some place on the line in Colorado other than the place where the general offices are situated, by order entered on its record may authorize any such officer so to reside and keep his office at such place.
C.R.S. § 40-10.1-402 — CO Code / Title 40 / Article 10.1 / Part 4 / Section 40-10.1-402
40-10.1-402. Verification of authority - notice of requirement for designated license plates
Status: repealed

40-10.1-402. Verification of authority - notice of requirement for designated license plates - rules. (1) (a) The commission shall either:

(I) Create a document that a person authorized to operate as a towing carrier under this article may use to verify to the department of revenue or the department's authorized agent that the person is so authorized; or

(II) Create a system to electronically verify to the department of revenue or the department's authorized agent that the person is authorized to provide towing services under this part 4.

(b) Upon request, the commission shall provide the document to the person with such authority or the electronic verification to the department of revenue or the department's authorized agent.

(2) The commission may promulgate rules to implement this section and to enforce section 42-3-235.5, C.R.S.

(3) Repealed.
C.R.S. § 40-15-203 — CO Code / Title 40 / Article 15 / Part 2 / Section 40-15-203
40-15-203. Manner of regulation - refraining from regulation
Status: repealed

40-15-203. Manner of regulation - refraining from regulation.

(1) to (5) Repealed.

(6) (a) Upon its own motion or application of a provider of telecommunications service regulated under this part 2, the commission may, in lieu of reclassification of a service under section 40-15-207, examine whether it should refrain from regulation and may refrain from regulation for competitive need for specific telecommunications service otherwise subject to its jurisdiction.

(b) The commission shall approve or deny any such application for refraining from regulation for competitive need within one hundred eighty days after the filing of the application; except that the commission may, by order, defer the period within which it must act for one additional period of sixty days. If the commission has not acted on any such application within the appropriate time period permitted, the application shall be deemed granted.

(7) The authority granted the commission pursuant to this section is in addition to, and not a limitation upon, other powers of the commission, and such authority shall not be construed to be the sole or exclusive means by which the commission may refrain from regulation under this title.

(8) Notwithstanding the provisions of this section, no expenses incurred in the solicitation and the provision of services under this section shall be paid, directly or indirectly, by the subscribers of the applicant's regulated services.
C.R.S. § 40-10.5-102 — CO Code / Title 40 / Article 10.5 / Section 40-10.5-102
40-10.5-102. Registration required - rules of commission
Status: in_force

40-10.5-102. Registration required - rules of commission. (1) On and after the repeal of sections 40-10-120 and 40-11-115, which occurred on September 25, 2007, a motor carrier, motor private carrier, broker, freight forwarder, leasing company, or other person required to register with the United States department of transportation under the unified carrier registration system:

(a) Shall not engage in, or contract for, any interstate transportation of persons or property on any public highway in this state without first so registering; and

(b) Shall comply with all applicable rules of the commission.

(2) For purposes of carrying out the provisions of this article and relevant federal statutes and rules, the commission:

(a) Shall participate in the uniform carrier registration system;

(b) Is vested with the legal authority to administer the unified carrier registration agreement for the state of Colorado; and

(c) Has the power to promulgate such rules as are necessary for the proper administration and enforcement of this article. Such rules may include, without limitation, rules establishing registration fees and other fees sufficient to cover the direct and indirect costs of administration and enforcement of this article. All fees collected under this article shall be transmitted to the state treasurer, who shall credit them to the public utilities commission motor carrier fund, created in section 40-2-110.5.
C.R.S. § 40-10.1-116 — CO Code / Title 40 / Article 10.1 / Part 1 / Section 40-10.1-116
40-10.1-116. Commission to notify local authorities - procedure
Status: in_force

40-10.1-116. Commission to notify local authorities - procedure. (1) Whenever the commission is of the opinion that a motor carrier is failing or omitting to do anything required of it by law or by any order, decision, rule, direction, or requirement of the commission or is acting or is about to act or permitting an act or about to permit an act in violation of the law or of any order, decision, rule, direction, or requirement of the commission, the commission shall request the attorney general of the state or the district attorney of any district to commence an action or proceeding in the district court in and for the county or city and county in which the cause or some part thereof arose or in which the motor carrier complained of maintains a principal place of business or resides. Such action or proceeding must be conducted in accordance with section 40-7-104; except that references in section 40-7-104 to the attorney general include any district attorney bringing the action or proceeding.

(2) Appellate review may be obtained in the supreme court concerning a final judgment in an action or proceeding under this section in the same manner and with the same effect, subject to this article, as appellate review of judgments of the district court in other actions for mandamus or injunction.

(3) (a) A person injured by the noncompliance of a motor carrier with this article 10.1 or any other provision of law or an order, decision, rule, direction, or requirement of the commission may apply to a court of competent jurisdiction for the enforcement thereof, and the court has jurisdiction to enforce obedience thereto by injunction or other proper process, mandatory or otherwise, and to restrain the motor carrier and its officers, agents, employees, or representatives from further disobedience thereof, or to enjoin upon them obedience to the same, and any person so injured has cause of action in damages and is privileged to pursue the usual and proper remedies as in any other case.

(b) Subsection (3)(a) of this section creates an independent cause of action, which is not subject to administrative exhaustion, against a towing carrier that violated this article 10.1 or any other provision of law or an order, decision, rule, direction, or requirement of the commission.
C.R.S. § 40-9.8-101 — CO Code / Title 40 / Article 9.8 / Section 40-9.8-101
40-9.8-101. Short title
Status: in_force

40-9.8-101. Short title. The short title of this article 9.8 is the "Microgrids for Community Resilience Act".
C.R.S. § 40-2-139 — CO Code / Title 40 / Article 2 / Part 1 / Section 40-2-139
40-2-139. Investor-owned utility electric resource planning - maximum discount rate author
Status: in_force

40-2-139. Investor-owned utility electric resource planning - maximum discount rate authorized. If the commission relies on the use of a discount rate when calculating net present value of future carbon-based fuel costs in an electric resource plan, the discount rate must not exceed the long-term rate of inflation, as determined by the commission. In determining the long-term rate of inflation, the commission shall determine an appropriate rate of inflation specifically for fuel costs.
C.R.S. § 40-3.2-110 — CO Code / Title 40 / Article 3.2 / Part 1 / Section 40-3.2-110
40-3.2-110. Requirements related to heat pumps - definition
Status: in_force

40-3.2-110. Requirements related to heat pumps - definition. (1) As used in this section, unless the context otherwise requires, "heat pump" means an electrically powered device that uses the refrigeration cycle to transfer thermal energy from one location to another.

(2) On or before August 1, 2027, an investor-owned utility that provides electric or thermal energy shall, within a general rate case request, submit to the commission a proposal for a voluntary rate or rates for energy supplied to residential customers who utilize a heat pump as their primary heating source, which voluntary rate or rates:

(a) May be new rates, new or existing riders, or incorporated into an existing time-of-use rate;

(b) If cost-justified, are designed to lower the average monthly energy bill of residential customers who utilize a heat pump as their primary heating source; and

(c) Avoid cross-subsidies from other customers.
C.R.S. § 40-10.1-408 — CO Code / Title 40 / Article 10.1 / Part 4 / Section 40-10.1-408
40-10.1-408. Kickbacks prohibited
Status: in_force

40-10.1-408. Kickbacks prohibited. A towing carrier shall not pay money or other valuable consideration for the privilege of nonconsensually towing vehicles.
C.R.S. § 40-3.2-109 — CO Code / Title 40 / Article 3.2 / Part 1 / Section 40-3.2-109
40-3.2-109. Beneficial electrification plans for electric utilities - definition - rules - r
Status: in_force

40-3.2-109. Beneficial electrification plans for electric utilities - definition - rules - recovery of costs - report. (1) Definition. As used in this section, "beneficial electrification plan" or "plan" means an electric utility's plan to increase beneficial electrification in the residential, commercial, and industrial sectors for purposes other than transportation.

(2) (a) The commission shall allow an investor-owned electric utility to implement cost-effective beneficial electrification plans that support voluntary customer adoption of beneficial electrification measures.

(b) On or before July 1, 2022, and thereafter as directed by the commission, but no less frequently than every three years, an investor-owned electric utility shall file with the commission an application for a beneficial electrification plan for regulated activities to support beneficial electrification. Beneficial electrification plans may be combined with other demand-side management strategic issues or transportation electrification plans, as applicable, but a beneficial electrification plan must, at a minimum:

(I) Include proposed programs to advance beneficial electrification for residential and commercial customers. Plans may also include programs to advance beneficial electrification for industrial customers.

(II) Include programs targeted to low-income households or disproportionately impacted communities, with at least twenty percent of the total beneficial electrification program funding targeted to programs that serve low-income households or disproportionately impacted communities;

(III) Include budgets; targeted numbers of installations; projected fuel savings; projected cost-effectiveness calculations, including the social cost of methane and carbon dioxide emissions and an appropriate social discount rate in the cost-benefit analysis; projected reductions in greenhouse gas emissions; and other information deemed relevant by the commission for the plan as a whole and for each program included in the plan;

(IV) Demonstrate that the utility will, to the greatest extent practicable, serve incremental load attributable to beneficial electrification with generation that can be reasonably expected to have a carbon intensity no higher than the average carbon intensity for all generation in the utility's portfolio;

(V) Include incentives to facilitate beneficial electrification, with programs targeted toward new and existing building markets. Products eligible for incentives must be certified under the federal Energy Star program, as defined in section 6-7.5-102 (24), or a successor program if that certification is available, in product categories for which such certification exists.

(VI) Include an outreach plan for engagement with customers in low-income households and disproportionately impacted communities to develop programs to support those customers in every phase of the utility's beneficial electrification programs, including through incentives offered to multifamily buildings occupied in full or in part by low-income households; and

(VII) Include documentation and data to show that the utility's beneficial electrification plan is consistent with maintaining the reliability of the electric grid.

(3) The commission and investor-owned electric utilities subject to commission jurisdiction shall:

(a) Incorporate into the cost-benefit analysis of beneficial electrification plans and programs:

(I) The social costs of carbon dioxide and methane emissions, including the avoided carbon dioxide emissions from the direct combustion of fossil fuel in appliances or industrial equipment that is replaced with electricity;

(II) The avoided upstream emissions of methane from the production and delivery of fossil fuel to the appliance or equipment;

(III) The incremental carbon dioxide emissions from generation of electricity; and

(IV) The incremental load attributable to beneficial electrification;

(b) Use the methodology defined in section 40-3.2-106 (4) to determine the cost of carbon dioxide emissions;

(c) Base the cost of methane emissions on the most recent assessment of the global social cost of methane developed by the federal government, using a discount rate of two and one-half percent or less; except that, beginning on September 7, 2021, the commission shall use a social cost of methane of not less than one thousand seven hundred fifty-six dollars per short ton. The commission shall modify the social cost of methane based on escalation rates of the 2020 base cost by an amount that is equal to or greater than the escalation rates established in the addendum to the technical support document and shall use a discount rate that does not exceed the lesser of two and one-half percent or any lower value established by the most recent available successor to the technical support document.

(d) Include upstream leakage of methane emissions in the extraction, production, and transportation of fossil gas in the cost-benefit analysis if the air quality control commission determines an estimate for upstream methane leakage.

(4) Notwithstanding any other provision of law, the commission shall allow an electric utility to offer incentives to its customers to replace gas appliances with high-efficiency electric appliances.

(5) (a) The commission shall allow an electric utility to recover its prudently incurred costs, on a current basis, for implementation of approved beneficial electrification programs.

(b) The commission may provide an electric utility an opportunity to earn incentives for exceeding beneficial electrification targets or emission-reduction performance targets that the commission has established for the beneficial electrification plan. For purposes of implementing this subsection (5)(b), the commission may consider incentive mechanisms to promote the advancement of the utility's beneficial electrification programs, which incentive mechanisms may include:

(I) An incentive rate of return on beneficial electrification investments;

(II) An incentive to allow the utility to accelerate depreciation;

(III) An incentive to allow the utility to retain a portion of the net economic benefits of beneficial electrification;

(IV) An incentive to allow the utility to collect the cost of beneficial electrification programs through a rider or cost adjustment clause; or

(V) Any other incentive mechanism the commission deems appropriate.

(6) (a) By April 1, 2024, and thereafter as determined by the commission but no less frequently than every six years, an investor-owned electric utility shall file an application for a beneficial electrification strategic issues filing that proposes a ten-year beneficial electrification target and objective criteria for measuring progress toward attainment of the target, which criteria may include the level of substitution of renewable sources for fossil fuel or the level of reduction in greenhouse gas emissions. The commission shall approve or amend and approve the utility's application, taking into account the utility's potential for cost-effective beneficial electrification, the state's greenhouse gas pollution reduction targets, and the potential for beneficial electrification to reduce greenhouse gas emissions.

(b) The beneficial electrification strategic issues filing may be combined with other demand-side management strategic issues or related filings as appropriate, and an investor-owned gas utility may file with the commission an application for a beneficial electrification plan for regulated activities to support beneficial electrification as part of such a proceeding or as a separate application. A beneficial electrification plan filed by an investor-owned gas utility is eligible for the same treatment as a beneficial electrification plan filed by an investor-owned electric utility pursuant to this section.

(7) The electric utility or other entity commissioning a beneficial electrification project shall ensure compliance with the labor standards set forth in section 40-3.2-105.6.

(8) Each electric utility that implements a beneficial electrification plan shall submit to the commission an annual report describing the beneficial electrification programs implemented under the plan and documenting:

(a) Program expenditures, energy savings, incremental additional electric load attributable to approved beneficial electrification programs, and incremental additional greenhouse gas emissions associated with beneficial electric load attributable to approved beneficial electrification programs;

(b) Assumed avoided greenhouse gas emissions from other sectors resulting from approved beneficial electrification programs;

(c) Societal costs and benefits of approved beneficial electrification programs as well as the techniques used to calculate those impacts;

(d) Compliance with the labor standards set forth in section 40-3.2-105.6; and

(e) Any other information that the commission requests.

(9) Municipally owned electric utilities, cooperative electric associations, and wholesale electric cooperatives, as defined in section 40-2-134, in Colorado are encouraged to:

(a) Develop beneficial electrification plans as addressed in this section and transportation electrification programs pursuant to section 40-5-107 that help their customers invest in beneficial electrification in buildings and transportation;

(b) Account for the social cost of carbon dioxide and methane emissions, set total energy savings and greenhouse-gas-emission-reduction goals, and implement beneficial electrification programs for their customers;

(c) Include a beneficial electrification plan or transportation electrification program as part of a clean energy plan; and

(d) Participate in statewide or regional initiatives to increase the availability of, develop the market for, and support contractor training on high-efficiency electric technologies.

(10) In implementing this section, the commission shall not require the removal of gas-fueled appliances or equipment from any existing structure or ban the installation of gas service lines to any new structure.
C.R.S. § 40-2-126 — CO Code / Title 40 / Article 2 / Part 1 / Section 40-2-126
40-2-126. Transmission facilities - biennial review - energy resource zones - definitions
Status: in_force

40-2-126. Transmission facilities - biennial review - energy resource zones - definitions - plans - approval - cost recovery - powerline trail consideration. (1) As used in this section, unless the context otherwise requires:

(a) "Energy resource zone" means a geographic area in which transmission constraints hinder the delivery of electricity to Colorado consumers, the development of new electric generation facilities to serve Colorado consumers, or both.

(b) "Local government" has the meaning set forth in section 33-45-102 (3).

(c) "Powerline trail" has the meaning set forth in section 33-45-102 (5).

(2) Biennially, on or before a date determined by the commission, commencing in 2016, each Colorado electric utility subject to rate regulation by the commission shall:

(a) Designate energy resource zones;

(b) Develop plans for the construction or expansion of transmission facilities necessary to deliver electric power consistent with the timing of the development of beneficial energy resources located in or near such zones;

(c) Consider how transmission can be provided to encourage local ownership of renewable energy facilities, whether through renewable energy cooperatives as provided in section 7-56-210, C.R.S., or otherwise; and

(d) Submit proposed plans, designations, and applications for certificates of public convenience and necessity to the commission for review pursuant to subsection (3) of this section.

(2.5) In reviewing a plan that an electric utility submits pursuant to subsection (2)(d) of this section, the commission shall consider the need for expanded transmission capacity in the state, including the ability to expand capacity through the construction of new transmission lines, improvements to existing transmission lines, and connections to organized wholesale markets, as defined in section 40-5-108 (1)(a).

(3) The commission may, consistent with its authority, approve a utility's application for a certificate of public convenience and necessity for the cost-effective construction or expansion of transmission facilities pursuant to subsection (2)(b) of this section if the commission finds that:

(a) The construction or expansion:

(I) Is required to:

(A) Ensure the reliable delivery of electricity to Colorado consumers, either alone or in combination with the consumers of other states served by an organized wholesale market as defined in section 40-5-108 (1)(a); or

(B) Enable the utility to meet the renewable energy standards set forth in section 40-2-124 or achieve emission reductions under section 25-7-102 or 40-2-125.5;

(II) Can reasonably accommodate future expansion, through the addition of more lines or greater capacity, as may be required to support the utility's participation in an organized wholesale market as defined in section 40-5-108 (1)(a); and

(b) The present or future public convenience and necessity require such construction or expansion.

(4) Notwithstanding any other provision of law, in response to any application for a certificate of public convenience and necessity for the construction or expansion of transmission facilities that is submitted to the commission pursuant to subsection (2)(d) of this section, the commission shall issue a final order within two hundred forty days after the application is deemed complete and public notice of the application is given; except that the applicant may waive this two-hundred-forty-day deadline. Absent such waiver, if the commission does not issue a final order within that period, the application is deemed approved.

(5) In any construction or expansion approved pursuant to this section, the utility shall use its own employees or qualified contractors, or both, but shall not use a contractor unless the contractor's employees have access to an apprenticeship program registered with the United States department of labor's office of apprenticeship or by a state apprenticeship agency recognized by that office; except that this apprenticeship requirement does not apply to:

(a) The design, planning, or engineering of the transmission facilities;

(b) Management functions to operate the transmission facilities; or

(c) Any work performed in response to a warranty claim.

(6) The commission shall amend its rules requiring the filing of ten-year transmission plans by utilities to also require utilities to:

(a) Consider and address plans for the construction of new powerline trails in coordination with applicable local governments in each two-year update to a ten-year transmission plan; and

(b) Demonstrate compliance with section 33-45-103 (2).
C.R.S. § 40-20-312 — CO Code / Title 40 / Article 20 / Part 3 / Section 40-20-312
40-20-312. Community rail safety advisory committee - membership - duties - rail safety pla
Status: repealed

40-20-312. Community rail safety advisory committee - membership - duties - rail safety plan - discrimination, adverse action, retaliation prohibited - repeal. (1) The community rail safety advisory committee is created.

(2) (a) The community rail safety advisory committee consists of the following members:

(I) One member who represents union workers who work for a class I freight rail line in the state, to be appointed by the speaker of the house of representatives;

(II) One member who represents union workers who work for a class I freight rail line in the state, to be appointed by the president of the senate; except that the member must represent union workers who work for a class I freight line other than the class I freight line whose union workers are represented by the member appointed pursuant to subsection (2)(a)(I) of this section;

(III) One member who represents union workers who work for a class II or III railroad in the state, to be appointed by the governor;

(IV) One member who represents union workers who work for a passenger rail operator, to be appointed by the speaker of the house of representatives;

(V) One member who represents a disproportionately impacted community, to be appointed by the president of the senate;

(VI) One member who represents a statewide environmental organization, to be appointed by the governor; and

(VII) One member who represents an organization with a mission to collaborate with environmental organizations and union representatives, to be appointed by the speaker of the house of representatives.

(b) The appointing authorities described in subsection (2)(a) of this section shall make the initial appointments on or before August 1, 2024.

(c) The members of the community rail safety advisory committee each serve terms of three years; except that:

(I) The members of the community rail safety advisory committee initially appointed pursuant to subsections (2)(a)(VI) and (2)(a)(VII) of this section shall each serve an initial term of one year; and

(II) The members of the community rail safety advisory committee initially appointed pursuant to subsections (2)(a)(III), (2)(a)(IV), and (2)(a)(V) of this section shall each serve an initial term of two years.

(d) Members of the community rail safety advisory committee serve at the pleasure of their respective appointing authorities.

(e) Members of the community rail safety advisory committee may serve an unlimited number of terms.

(3) Members of the community rail safety advisory committee who are not compensated for acting in official job roles may receive per diem compensation from the office of rail safety created in section 40-20-311. Members of the community rail safety advisory committee may be reimbursed for expenses incurred while performing the members' duties.

(4) An employer shall not discriminate, take adverse action, or retaliate against an employee in response to the employee:

(a) Serving in good faith on the community rail safety advisory committee; or

(b) Raising a reasonable concern about a possible workplace violation of government safety rules, or about an otherwise significant workplace threat to safety, to the employer, the employer's agent, another employee, a government agency, or the public if the employer controls the workplace conditions giving rise to the alleged violation or threat.

(5) The community rail safety advisory committee is repealed, effective September 1, 2034. Before the repeal, the community rail safety advisory committee is scheduled for review in accordance with section 2-3-1203.
C.R.S. § 40-10.1-205 — CO Code / Title 40 / Article 10.1 / Part 2 / Section 40-10.1-205
40-10.1-205. Transfer of certificate or permit
Status: in_force

40-10.1-205. Transfer of certificate or permit. (1) A certificate or permit, or rights obtained under a certificate or permit, that are held, owned, or obtained by any common carrier or contract carrier may be sold, assigned, leased, encumbered, or transferred as other property, subject to prior authorization by the commission.

(2) Absent other facts, the fact that a common carrier or contract carrier conducts operations with independent contractors does not in and of itself constitute a lease or transfer of the certificate.

(3) An existing certificate or permit shall not be transferred unless the fitness of the transferee is established to the satisfaction of the commission.
C.R.S. § 40-7-116.5 — CO Code / Title 40 / Article 7 / Section 40-7-116.5
40-7-116.5. Enforcement of civil penalties against public utilities
Status: in_force

40-7-116.5. Enforcement of civil penalties against public utilities. (1) (a) The director of the commission or his or her designee shall have the authority to issue civil penalty assessments for the violations enumerated in section 40-7-113.5, subject to hearing before the commission as set forth in this section. When a public utility is cited for a violation, the public utility shall be given notice of the violation in the form of a civil penalty assessment notice.

(b) The notice shall be tendered by the director or his or her designee, either in person or by certified mail, or by personal service by any person authorized to serve process under rule 4 (d) of the Colorado rules of civil procedure, and shall contain:

(I) The name and address of the person cited for the violation;

(II) A citation to the specific statute or rule alleged to have been violated;

(III) A brief description of the alleged violation;

(IV) The date and approximate location of the alleged violation;

(V) The maximum penalty amounts prescribed for the violation;

(VI) The date of the notice;

(VII) A place for the public utility to execute a signed acknowledgment of receipt of the civil penalty assessment notice;

(VIII) A place for the public utility to execute a signed acknowledgment of liability for the violation; and

(IX) Any other information as may be required by law to constitute notice of a complaint to appear for hearing if the prescribed penalty is not paid within ten days.

(c) Every cited public utility shall execute the signed acknowledgment of receipt of the civil penalty assessment notice. The acknowledgment of liability shall be executed at the time the public utility cited pays the prescribed penalty. The public utility cited shall pay the civil penalty specified for the violation involved at the office of the commission, either in person or by depositing the payment postpaid in the United States mail within ten days after the issuance of the citation.

(d) If the public utility cited does not pay the prescribed penalty within ten days after the issuance of the notice, the civil penalty assessment notice shall constitute a complaint to appear before the commission. The public utility cited shall contact the commission on or before the time and date specified in the notice to set the complaint for a hearing on the merits in accordance with section 40-6-109. If the public utility cited fails to contact the commission on or before the time and date specified, the commission shall set the complaint for hearing. At the hearing, the commission shall have the burden of demonstrating a violation by a preponderance of the evidence.

(2) A civil penalty assessment notice shall not be considered defective so as to provide cause for dismissal solely because of a defect in the content of the civil penalty assessment notice. Any defect in the content of a civil penalty assessment notice issued as described in subsection (1) of this section may be cured by a motion to amend the same filed with the commission prior to hearing on the merits; except that no such amendment shall be permitted if substantial rights of the public utility cited are prejudiced.

(3) In the case of an alleged continuing violation for which daily penalties would accrue under section 40-7-115, the issuance of a civil penalty assessment notice shall toll the accrual of daily penalties until the later to occur of the expiration of the ten-day period provided for payment pursuant to subsection (1) of this section or, if the matter is set for hearing, upon the conclusion of the proceedings through issuance of an order, dismissal of the complaint, or other final agency action, including judicial review and appeal, if any.

(4) Nothing in this section shall be construed to authorize the assessment of a civil penalty against an individual employee of a public utility.
C.R.S. § 40-10.1-703 — CO Code / Title 40 / Article 10.1 / Part 7 / Section 40-10.1-703
40-10.1-703. Large-market taxicab service license plates - rules
Status: in_force

40-10.1-703. Large-market taxicab service license plates - rules. (1) The commission shall create either a document or an electronic system that a person authorized to provide large-market taxicab service under this part 7 may use to verify to the department of revenue or the department's authorized agent that the person provides large-market taxicab service.

(2) Upon request, the commission shall:

(a) If the commission creates a document pursuant to subsection (1) of this section, provide the document to the person authorized to provide large-market taxicab service; or

(b) If the commission creates an electronic system pursuant to subsection (1) of this section, provide the electronic verification to the department of revenue or its authorized agent.

(3) The commission may promulgate rules to implement this section and to enforce section 42-3-236.
C.R.S. § 40-6-111 — CO Code / Title 40 / Article 6 / Section 40-6-111
40-6-111. Hearing on schedules - suspension - new rates - rejection of tariffs
Status: repealed

40-6-111. Hearing on schedules - suspension - new rates - rejection of tariffs. (1) (a) Whenever there is filed with the commission any tariff or schedule stating any new or changed individual or joint rate, fare, toll, rental, charge, classification, contract, practice, rule, or regulation, the commission has power, either upon complaint or upon its own initiative and without complaint, at once, and, if it so orders, without answer or other formal pleadings by the interested public utilities, but upon reasonable notice, to have a hearing concerning the propriety of such rate, fare, toll, rental, charge, classification, contract, practice, rule, or regulation if it believes that such a hearing is required and that such rate, fare, toll, rental, charge, classification, contract, practice, rule, or regulation may be improper.

(b) Pending the hearing and decision on the hearing, in the case of a public utility other than a rail carrier, the rate, fare, toll, rental, charge, classification, contract, practice, rule, or regulation must not go into effect; but the period of suspension of the rate, fare, toll, rental, charge, classification, contract, practice, rule, or regulation must not extend beyond one hundred twenty days beyond the time when the rate, fare, toll, rental, charge, classification, contract, practice, rule, or regulation would otherwise go into effect unless the commission, in its discretion, and by separate order, extends the period of suspension for a further period not exceeding one hundred thirty days.

(c) Repealed.

(d) Notwithstanding any order of suspension of a proposed increase in electric, gas, or steam rates under this subsection (1), after January 1, 2012, the commission may order, without hearing, interim rates, at any level up to the proposed new rates, to take effect not later than sixty days after the filing for the proposed rate increase. In making a determination as to whether to allow interim rates, the commission shall consider the amount of the revenue deficiency presented by the utility and the extent to which this deficiency would adversely affect the utility during the time period required to hold hearings on the suspended rates.

(2) (a) (I) If a hearing is held thereon, whether completed before or after the expiration of the period of suspension, the commission shall establish the rates, fares, tolls, rentals, charges, classifications, contracts, practices, or rules proposed, in whole or in part, or others in lieu thereof, that it finds just and reasonable. In making such finding in the case of a public utility other than a rail carrier, the commission may consider current, future, or past test periods or any reasonable combination thereof and any other factors that may affect the sufficiency or insufficiency of such rates, fares, tolls, rentals, charges, or classifications during the period the same may be in effect and may consider any factors that influence an adequate supply of energy, encourage energy conservation, or encourage renewable energy development. The commission shall consider the reasonableness of the test period revenue requirements presented by the utility.

(II) If the rates established by the commission after hearing are lower than any interim rates established under paragraph (d) of subsection (1) of this section, then the commission shall order the utility to return to customers on their utility bills through a negative rate rider the difference between the total amount that would have been collected under the final approved rates and the amount collected under the interim rates for the period that the interim rates were in effect, with interest at a rate established by the commission.

(III) All such rates, fares, tolls, rentals, charges, classifications, contracts, practices, or rules not so suspended, on the effective date thereof, which, in the case of a public utility other than a rail carrier, shall not be less than thirty days after the time of filing the same with the commission, or of such lesser time as the commission may grant, shall go into effect and be the established and effective rates, fares, tolls, rentals, charges, classifications, contracts, practices, and rules subject to the power of the commission, after a hearing on its own motion or upon complaint, as provided in this article, to alter or modify the same.

(b) Repealed.

(c) If the commission considers factors which encourage renewable energy development, it shall also make findings and give due consideration to the effect of such factors on the utility's ability to recover its capital and operating costs.

(3) The tariffs and schedules required by this title shall contain such information, and shall be published, filed, and posted in such form and manner, as the commission by regulation shall prescribe; and the commission is authorized to reject any tariff or schedule filed with it which is not in the form required by this section and by such regulations. Any tariff or schedule so rejected by the commission shall be void and its use shall be unlawful.

(4) (a) The provisions of this section relating to suspension of rates, fares, tolls, rentals, charges, classifications, contracts, practices, rules, or regulations pending the hearing and decision thereon shall not apply to cooperative electric associations, but this subsection (4) shall not be construed to exempt such associations from any other provision of this section. Notwithstanding any other provision of law, no cooperative electric association shall establish, charge, or collect a discriminatory or preferential rate, charge, rule, or regulation which would be violative of section 40-3-106 (1) or section 40-3-111. Upon complaint filed by any member or customer of a cooperative electric association or by any affected public utility, the commission shall determine whether the rate, charge, rule, or regulation in question is contrary to this section, section 40-3-106 (1), or section 40-3-111.

(b) (I) Paragraph (a) of this subsection (4) shall not be applicable to a cooperative electric association which has voted to exempt itself from regulation pursuant to the provisions of section 40-9.5-103. Regulation of such cooperative electric associations shall be in the manner provided in article 9.5 of this title.

(II) Repealed.

(c) and (c.1) Repealed.
C.R.S. § 40-3-116 — CO Code / Title 40 / Article 3 / Section 40-3-116
40-3-116. Electric vehicle programs - rates
Status: in_force

40-3-116. Electric vehicle programs - rates. (1) The rates and charges schedule for services provided by a program created under section 40-5-107 may allow:

(a) A return on any investment made under section 40-5-107 by an electric public utility at the electric public utility's weighted average cost of capital, including the most recent rate of return on equity, approved by the commission, including by allowing a utility to earn a rate of return on rebates provided to customers through a transportation electrification program;

(b) Rate recovery mechanisms that allow earlier, as determined by the commission, recovery of costs, including the use of rate adjustment clauses; and

(c) Performance-based incentive returns or similar investment incentives.

(2) By May 15, 2020, an electric public utility shall submit to the commission a proposal for a specific rate or rates for electricity supplied to commercial and industrial facilities used to charge electric vehicles that encourage vehicle charging and that support the operation of the electric grid.
C.R.S. § 40-15-209 — CO Code / Title 40 / Article 15 / Part 2 / Section 40-15-209
40-15-209. Net neutrality conditions for internet service providers to receive high cost su
Status: in_force

40-15-209. Net neutrality conditions for internet service providers to receive high cost support mechanism money - definitions. (1) Except as provided in subsection (3) of this section, an internet service provider that is otherwise eligible to receive money through a grant from the Colorado broadband office pursuant to section 24-37.5-905 or through any state fund established to help finance broadband deployment is not eligible to receive that money if the internet service provider:

(a) Blocks any lawful internet content, applications, services, or devices unless the blocking is conducted in a manner consistent with reasonable network management practices;

(b) Engages in paid prioritization of internet content;

(c) Regulates network traffic by throttling bandwidth or otherwise impairs or degrades lawful internet traffic on the basis of internet content, application, service, or use of a nonharmful device unless the impairment or degradation results solely from the evenhanded application of reasonable network management practices; or

(d) Fails or refuses to disclose, subject to reasonable conditions to protect proprietary information, its network management practices.

(2) (a) If the commission learns from the Colorado broadband office that a federal agency has issued a final order or entered into a settlement or consent decree regarding, or a court of competent jurisdiction has issued a final judgment against, an internet service provider and that the office has determined from the order, decree, or judgment that the internet service provider has engaged in conduct specified in subsection (1) of this section, the commission shall issue a written order to the internet service provider requiring the internet service provider to fully refund any money that the internet service provider received in the twenty-four months preceding the office's determination from the high cost support mechanism pursuant to a grant awarded by the Colorado broadband office under section 24-37.5-905.

(b) An order issued by the commission pursuant to subsection (2)(a) of this section must include an itemized statement of the amount of money that the internet service provider is required to refund and instructions on how to refund the money.

(c) The third-party contractor that maintains the high cost support mechanism shall allocate any money refunded to the high cost support mechanism pursuant to this subsection (2) to the high cost support mechanism account dedicated to broadband deployment, which account is described in section 24-37.5-905.

(d) A requirement that an internet service provider refund money to the high cost support mechanism pursuant to this section does not relieve the internet service provider of any provider-of-last-resort obligations that the internet service provider otherwise has pursuant to this article 15.

(3) An internet service provider is exempt from the obligations set forth in subsections (1) and (2) of this section if the internet service provider engages in any of the practices listed in subsections (1)(a) to (1)(d) of this section in the course of:

(a) Providing, facilitating the provision of, or addressing emergency communications, as permitted or required by law or at the request or direction of authorities serving in law enforcement, public safety, or national security; or

(b) Addressing copyright infringement or other unlawful activity.

(4) As used in this section:

(a) (I) "Broadband internet access service" means a mass-market retail service that provides the capability to transmit and receive data from all or substantially all internet endpoints, including any capabilities that are incidental to and enable the operation of the service, but excluding dial-up internet access service.

(II) "Broadband internet access service" includes services provided over any technology platform, including wire, terrestrial wireless, and satellite.

(b) "Internet service provider" means a provider of broadband internet access service in Colorado.

(c) "Paid prioritization" means the management of an internet service provider's network to directly or indirectly favor some traffic over other traffic, including through the use of techniques such as traffic shaping, prioritization, resource reservation, or other forms of preferential traffic management, either:

(I) In exchange for consideration, monetary or otherwise, from a third party;

(II) To benefit an affiliated entity; or

(III) To disadvantage a competing entity or its affiliates.

(d) "Reasonable network management" means a network management practice that is appropriate and tailored to achieving a legitimate network management purpose, taking into account the particular network architecture and technology of the broadband internet access service.

(e) "Throttling" means the intentional slowing of broadband internet access service.
C.R.S. § 40-2-102 — CO Code / Title 40 / Article 2 / Part 1 / Section 40-2-102
40-2-102. Oath - qualifications
Status: in_force

40-2-102. Oath - qualifications. Each commissioner, before entering upon the duties of his office, shall take the constitutional oath of office. No person in the employ of or holding any official relation to any corporation or person, which said corporation or person is subject in whole or in part to regulation by the commission, and no person owning stocks or bonds of any such corporation or who is in any manner pecuniarily interested therein shall be appointed to or hold the office of commissioner or be appointed or employed by the commission; but if any such person becomes the owner of such stocks or bonds or becomes pecuniarily interested in such corporation otherwise than voluntarily, he shall divest himself of such ownership or interest within six months; failing to do so, his office or employment shall become vacant.
C.R.S. § 40-2-202 — CO Code / Title 40 / Article 2 / Part 2 / Section 40-2-202
40-2-202. Definitions
Status: in_force

40-2-202. Definitions. As used in this part 2, unless the context otherwise requires:

(1) "Electric utility" means an investor-owned electric utility subject to regulation under articles 1 to 7 of this title 40.

(2) "Energy storage system" means commercially available technology that is capable of retaining energy, storing the energy for a period of time, and delivering the energy after storage by chemical, thermal, mechanical, or other means.

(3) "Procure" or "procurement" means to acquire by ownership or by a contractual right to use the energy from, or the capacity of, an energy storage system.
C.R.S. § 40-20-310 — CO Code / Title 40 / Article 20 / Part 3 / Section 40-20-310
40-20-310. Training - rules
Status: in_force

40-20-310. Training - rules. (1) On or before July 1, 2025, and at least once every three years thereafter, each railroad shall offer training to each fire department and other first responder organization having jurisdiction along tracks upon which the railroad operates in the state. In satisfying this requirement, a railroad may offer such training simultaneously to more than one fire department and other first responder organization.

(2) The training described in subsection (1) of this section must:

(a) Address the general hazards of hazardous materials, techniques to assess risks posed to the environment and to the safety of emergency responders and the public, factors an incident commander must consider in determining whether to attempt to suppress a fire or to evacuate the public and emergency responders from an area, public notification processes, environmental contamination response, resource coordination, and other strategies for initial response by emergency responders; and

(b) Include safety drills that implement suggested protocols or practices for emergency responders to use to safely accomplish the tasks described in subsection (2)(a) of this section. Each railroad operating trains in Colorado shall conduct at least one oil containment, recovery, and sensitive area protection walk-through; tabletop exercise; or functional exercise involving oil or hazardous substances every year, and at least one full-scale exercise every five years, in coordination with local emergency management organizations and local fire chiefs.

(3) The public utilities commission shall promulgate rules for the implementation of this section, including rules concerning training content, safety drills, communication, and railroad incident response requirements.

(4) In satisfying the requirements of this section, a railroad shall coordinate its efforts with local law enforcement agencies and the hazardous materials section of the Colorado state patrol.

(5) A class II or class III railroad may satisfy the requirements of this section by either:

(a) Entering into an agreement with a class I railroad to be a partner with the class I railroad in its program; or

(b) Adopting the training programs provided by the Short Line Safety Institute.
C.R.S. § 40-3.3-102 — CO Code / Title 40 / Article 3.3 / Section 40-3.3-102
40-3.3-102. Request for information - gas planning pilot community - disclosures - repeal
Status: repealed

40-3.3-102. Request for information - gas planning pilot community - disclosures - repeal. (1) (a) By December 1, 2024, the Colorado energy office shall issue a request for information to identify local governments whose residents are served by a dual-fuel utility that are interested in becoming a gas planning pilot community.

(b) The Colorado energy office shall include in the request for information the minimum criteria that a local government must meet in order to become a gas planning pilot community, including:

(I) A demonstration that designation as a gas planning pilot community would align with the local government's climate and energy affordability goals;

(II) A willingness to promote neighborhood-scale alternatives projects and to support, engage, and educate residents within a community for which a neighborhood-scale alternatives project is proposed prior to approval by the commission; and

(III) A commitment of internal or external staff resources to identify and implement neighborhood-scale alternatives projects.

(c) At least thirty days prior to issuing the request for information, the Colorado energy office shall publish a draft of the request for information on its website and provide an opportunity for the public to submit written comments.

(2) (a) By April 30, 2025, the Colorado energy office and a dual-fuel utility shall jointly file with the commission the results of the request for information required by subsection (1)(a) of this section, identifying up to five proposed gas planning pilot communities. In identifying proposed gas planning pilot communities, the Colorado energy office and a dual-fuel utility shall prioritize local governments that are interested in pursuing thermal energy network or geothermal energy projects as part of the proposed gas planning pilot community's evaluation of any potential neighborhood-scale alternatives project pursuant to section 40-3.3-103. The Colorado energy office and the dual-fuel utility shall also jointly file a draft agreement between the dual-fuel utility and any proposed gas planning pilot community, which draft agreement must:

(I) Identify the roles and responsibilities of the dual-fuel utility and the proposed gas planning pilot community in identifying neighborhood-scale alternatives projects;

(II) Identify time frames for each party to furnish data or respond to requests for data from the other party;

(III) Include any necessary waivers of commission rules to facilitate data transfer between the parties;

(IV) Include a process to address conflicts between the two parties; and

(V) Indicate whether the proposed gas planning pilot community has demonstrated an interest in pursuing thermal energy network or geothermal energy projects.

(b) The commission shall provide an opportunity for the public to submit written comments on the filing.

(c) By June 30, 2025, the commission shall approve or modify the list of proposed gas planning pilot communities; except that the commission shall not increase the number of proposed gas planning pilot communities beyond five.

(3) By October 1, 2025, a dual-fuel utility shall enter into an agreement with each local government that has been approved as a gas planning pilot community and shall submit to the commission a list of the gas planning pilot communities with which the dual-fuel utility has established an agreement. The dual-fuel utility and local government may agree to extend this deadline.

(4) Subsections (1) to (3) of this section are repealed, effective June 1, 2028.

(5) (a) Unless otherwise directed by the commission or requested by the gas planning pilot community, a dual-fuel utility shall provide each gas planning pilot community, the commission, and the Colorado energy office with data and information to inform the evaluation of potential neighborhood-scale alternatives projects that includes:

(I) The location of any planned gas infrastructure projects in the gas planning pilot community within the six-year gas project planning forecast in the dual-fuel utility's most recently approved gas infrastructure plan or identified by the dual-fuel utility for inclusion in a future gas infrastructure plan to the extent available; and

(II) The following information regarding the planned gas infrastructure projects described in subsection (5)(a)(I) of this section:

(A) The project name;

(B) The project category, consistent with the planned projects categories described in applicable commission rules;

(C) A description of the general scope of work and an explanation of the need for the project, including any applicable code requirements of the United States department of transportation's pipeline and hazardous materials safety administration;

(D) The projected life of the project;

(E) An indication of whether the project is presented as a gas infrastructure plan action period project or a gas infrastructure plan informational period project pursuant to applicable commission rules;

(F) The anticipated: Construction start date for the project; construction period for the project, including an indication of any construction phases; and in-service date for the project;

(G) The cost-estimate classification for the project, using the dual-fuel utility's or an industry-accepted cost-estimate classification index; support for the cost-estimate classification; and the total cost estimate for the project;

(H) The technical details of the project, such as the physical equipment characteristics of the proposed facilities, pipeline length, pipeline diameter, project materials, and maximum allowable operating pressure;

(I) The project location and an illustrative map of the gas distribution system facilities, subject to necessary confidentiality provisions, including: The pressure district or geographic area that requires the proposed facilities, the existing and proposed regulator stations and existing and proposed distribution piping and higher capacity pipelines served by or representing the proposed facilities, the locations of any nearby disproportionately impacted communities, and any other information necessary to allow the local government to make a thorough evaluation of the project;

(J) To the extent practicable, the number of customers, annual sales, and design peak demand requirements, disaggregated by customer class, potentially directly impacted or served by the project;

(K) Any permits required for work on the project to begin; and

(L) Any environmental requirements associated with completion of the project.

(b) A dual-fuel utility shall provide gas planning pilot community staff and consultants, who have signed appropriate nondisclosure agreements, with all requested gas and electric customer usage and design peak demand data, to the extent available and disaggregated to the individual customer, for all planned gas infrastructure projects located in a gas planning pilot community within the six-year gas project planning forecast in the dual-fuel utility's most recently approved gas infrastructure plan or identified by the dual-fuel utility for inclusion in a future gas infrastructure plan. The dual-fuel utility shall provide such information within the relevant time frame established pursuant to subsection (2)(a)(II) of this section.

(c) The information described in subsections (5)(a) and (5)(b) of this section is exempt from the "Colorado Open Records Act", part 2 of article 72 of title 24.
C.R.S. § 40-2-108 — CO Code / Title 40 / Article 2 / Part 1 / Section 40-2-108
40-2-108. Rules - legislative declaration
Status: repealed

40-2-108. Rules - legislative declaration. (1) The commission shall promulgate such rules as are necessary for the proper administration and enforcement of this title and shall furnish, without charge, copies of the appropriate rules to each public utility under its jurisdiction and, upon request, to any public officer, agency, political subdivision, association of officers, agencies, or political subdivisions and to any representative of twenty-five or more consumers. The commission shall be governed by the provisions of article 4 of title 24, C.R.S., for the promulgation and adoption of rules; except that, notwithstanding any provision of the said article 4 of title 24, C.R.S., to the contrary, the commission shall issue a decision whenever it adopts rules in accordance with this section.

(2) Notwithstanding section 24-4-103 (6), C.R.S., any temporary or emergency rule adopted by the commission shall be effective until a permanent rule that replaces the temporary or emergency rule is effective but not for more than two hundred ten days after the date of adoption.

(3) (a) The general assembly finds, determines, and declares that:

(I) Certain communities, both in Colorado and internationally, have historically been forced to bear a disproportionate burden of adverse human health or environmental effects, as documented in numerous studies, including the "Toxic Wastes and Race at Twenty, 1987-2007" report by the United Church of Christ Justice & Witness Ministries; the federal environmental protection agency's annual environmental justice progress reports; and a 2021 report from the "Mapping for Environmental Justice" project at the Berkeley Public Policy/The Goldman School that shows how the pollution burden is distributed in Colorado, while also facing systemic exclusion from environmental decision-making processes and enjoying fewer environmental benefits; and

(II) The purpose of this subsection (3) is to ensure that the commission, in exercising its regulatory authority, will take account of and, where possible, help to correct these historical inequities.

(b) The commission shall promulgate rules requiring that the commission, in all of its work including its review of all filings and its determination of all adjudications, consider how best to provide equity, minimize impacts, and prioritize benefits to disproportionately impacted communities and address historical inequalities.

(c) (I) In promulgating rules pursuant to this subsection (3), the commission shall identify disproportionately impacted communities. In identifying the communities, the commission shall consider minority, low-income, tribal, or indigenous populations in the state that experience disproportionate environmental harm and risks resulting from such factors as increased vulnerability to environmental degradation, lack of opportunity for public participation, or other factors. Increased vulnerability may be attributable to an accumulation of negative or a lack of positive environmental, health, economic, or social conditions within these populations.

(II) When making decisions relating to retail customer programs, the commission shall host informational meetings, workshops, and hearings that invite input from disproportionately impacted communities and shall ensure, to the extent reasonably possible, that such programs, including any associated incentives and other relevant investments, include floor expenditures, set aside as equity budgets, to ensure that low-income customers and disproportionately impacted communities will have at least proportionate access to the benefits of such programs, incentives, and investments.

(d) Repealed.
C.R.S. § 40-2-203 — CO Code / Title 40 / Article 2 / Part 2 / Section 40-2-203
40-2-203. Procurement mechanisms - determination by commission - rules
Status: in_force

40-2-203. Procurement mechanisms - determination by commission - rules. (1) On or before February 1, 2019, the commission shall establish, by rule, as part of the planning process, mechanisms for the procurement of energy storage systems by an electric utility; except that these mechanisms must not affect any ongoing resource acquisitions or competitive bidding processes that existed on February 1, 2018.

(2) In adopting the rules required by subsection (1) of this section, the commission shall use its best efforts to create conditions under which the procurement of energy storage systems by an electric utility will provide systemic benefits, including:

(a) Increased integration of energy into the grid of the electric utility;

(b) Improved reliability of the grid;

(c) A reduction in the need for the increased generation of electricity during periods of peak demand; and

(d) The avoidance, reduction, or deferral of investment by the electric utility.

(3) Pursuant to subsection (1) of this section, and in consideration of all known and measurable benefits and costs to an electric utility, the commission shall adopt rules:

(a) Establishing mechanisms for the inclusion of benefits and costs associated with energy storage systems into the planning conducted by electric utilities;

(b) Requiring electric utilities to provide to the commission, and allowing electric utilities to provide to third parties as approved by the commission, appropriate data and analysis of potential storage acquisitions in their planning processes, including potential interconnection points. The commission shall treat information provided to the commission or to approved third parties under this subsection (3)(b) as confidential and ensure that the commission and any approved third party manages the information in accordance with all commission rules and federal and state laws concerning customer data and personally identifiable information. If the commission finds that a third party has failed to comply with any applicable rules, laws, or conditions of approval under this subsection (3)(b), the commission may deem that party ineligible to bid or develop storage systems in the subsequent electric resource plan.

(c) Ensuring that any storage system project added to the electric grid will not compromise the security, safety, or reliability of the electric grid or any part of the electric grid;

(d) Establishing that an energy storage system may be owned by an electric utility or by any other person;

(e) (I) Establishing requirements for the filing by an electric utility of acquisition plans containing an analysis of the integration and use of electric storage systems.

(II) The requirements under this subsection (3)(e) must include the requirement that an electric utility provide in its acquisition plans:

(A) Modeling assumptions used to assess the costs and benefits of energy storage systems; and

(B) Model contracts for procurement of energy storage systems.

(f) Requiring the electric utility to include such other information as the commission may require in its documentation relating to planning.

(4) On or before May 1, 2019, electric utilities may file applications for rate-based projects, not to exceed fifteen megawatts of capacity, for energy storage systems. Nothing in this section is intended to prohibit or deter cost-effective storage deployment.