C.R.S. § 40-17-104 — CO Code / Title 40 / Article 17 / Section 40-17-104
40-17-104. Colorado telephone users with disabilities fund - creation - purpose
Status: repealed

40-17-104. Colorado telephone users with disabilities fund - creation - purpose. (1) (a) Except as otherwise authorized to be retained by section 40-17-103 (3)(e), all money collected by the voice service providers in accordance with section 40-17-103 shall be transmitted to the state treasurer, who shall credit the money to the Colorado telephone users with disabilities fund, which fund is hereby created and is referred to in this article 17 as the "fund".

(b) The general assembly shall make annual appropriations out of the fund:

(I) For the administration of the fund;

(II) To the reading services for the blind cash fund, created in section 24-90-105.5 (5), for use by the state librarian in support of privately operated reading services for people who are blind;

(III) To provide support for library services as authorized by section 24-90-105 (1)(e); and

(IV) To provide support for the family and community intervener program established in section 26-21-106 (8.5).

(c) The money in the fund not used for administration of the fund, the reading services for the blind cash fund, the Colorado commission for the deaf, hard of hearing, and deafblind cash fund created in section 26-21-107, and library services as authorized by section 24-90-105 (1)(e) is hereby continuously appropriated to the public utilities commission for the reimbursement of providers who render telecommunications services authorized by this article 17.

(2) and (3) Repealed.

(4) (a) Notwithstanding any provision of subsection (1) of this section to the contrary, the general assembly shall make annual appropriations from the Colorado telephone users with disabilities fund to the Colorado commission for the deaf, hard of hearing, and deafblind cash fund, created in section 26-21-107.

(b) to (d) Repealed.

(5) and (6) (Deleted by amendment, L. 2006, p. 1170, § 1, effective May 25, 2006.)
C.R.S. § 40-3-102 — CO Code / Title 40 / Article 3 / Section 40-3-102
40-3-102. Regulation of rates - correction of abuses
Status: in_force

40-3-102. Regulation of rates - correction of abuses. The power and authority is hereby vested in the public utilities commission of the state of Colorado and it is hereby made its duty to adopt all necessary rates, charges, and regulations to govern and regulate all rates, charges, and tariffs of every public utility of this state to correct abuses; to prevent unjust discriminations and extortions in the rates, charges, and tariffs of such public utilities of this state; to generally supervise and regulate every public utility in this state; and to do all things, whether specifically designated in articles 1 to 7 of this title or in addition thereto, which are necessary or convenient in the exercise of such power, and to enforce the same by the penalties provided in said articles through proper courts having jurisdiction; except that nothing in this article shall apply to municipal natural gas or electric utilities for which an exemption is provided in the constitution of the state of Colorado, within the authorized service area of each such municipal utility except as specifically provided in section 40-3.5-102.
C.R.S. § 40-8.7-109 — CO Code / Title 40 / Article 8.7 / Section 40-8.7-109
40-8.7-109. Low-income energy assistance program - eligibility
Status: in_force

40-8.7-109. Low-income energy assistance program - eligibility. (1) The organization shall provide energy assistance to individuals and organizations in Colorado. Individuals eligible for low-income energy assistance shall be current or prospective utility customers who:

(a) Are certified by the department of human services as qualified to receive financial assistance payments;

(b) Are citizens or legal residents of the United States and residents of Colorado; and

(c) Have a monthly household gross income at or below one hundred eighty-five percent of the federal poverty line.

(2) The department of human services shall periodically recertify an individual's eligibility to receive low-income energy assistance.

(3) In providing low-income energy assistance, the organization shall give priority to households where one or more persons are recipients of:

(a) An old age pension as set forth in section 26-2-111 (2), C.R.S.;

(b) Aid to the needy disabled as set forth in section 26-2-111 (4), C.R.S.;

(c) Aid to the blind as set forth in section 26-2-111 (5), C.R.S.;

(d) Supplemental social security disability benefits under 42 U.S.C. sec. 1396 et seq.; or

(e) Colorado works program assistance as set forth in section 26-2-706.6, C.R.S.

(4) When installing energy retrofits as part of providing low-income energy assistance, the organization and the Colorado energy office shall prioritize maximizing customer savings, reducing emissions, and improving indoor air quality.
C.R.S. § 40-7-114 — CO Code / Title 40 / Article 7 / Section 40-7-114
40-7-114. Applicability of civil penalties to owners, employers, or other persons
Status: repealed

40-7-114. Applicability of civil penalties to owners, employers, or other persons. (Repealed)
C.R.S. § 40-9.8-103 — CO Code / Title 40 / Article 9.8 / Section 40-9.8-103
40-9.8-103. Definitions - rules
Status: in_force

40-9.8-103. Definitions - rules. As used in this article 9.8, unless the context otherwise requires:

(1) "Community anchor institution" means a:

(a) School, as defined in section 24-37.5-902 (10);

(b) Library;

(c) Hospital or other health-care facility licensed or certified pursuant to section 25-1.5-103;

(d) Law enforcement, emergency medical service provider, or other public safety agency;

(e) Government office;

(f) Community organization facility at which services to at-risk populations such as income-eligible households, seniors, or unhoused persons are provided; or

(g) Other critical community service facilities, as determined by the department by policy.

(2) "Cooperative electric association" or "association" has the meaning set forth in section 40-9.5-102 (1).

(3) "Department" means the department of local affairs created in section 24-1-125.

(4) "Distributed energy resource" means an electric generation resource, including a renewable energy resource or renewable energy storage, that is located on a property within an electric utility's service territory and that is interconnected to the electric grid.

(5) "Division" means the division of local government created in section 24-32-103.

(6) "Eligible rural community" means a rural community:

(a) That is at significant risk of experiencing severe weather or natural disaster events; and

(b) In which one or more community anchor institutions are located.

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

(8) "Grant program" means the microgrids for community resilience grant program created in section 40-9.8-104 (1)(a).

(9) "Island mode" means an electric generation system that is not connected to the electric grid and can operate independent of the grid.

(10) "Microgrid" means a group of interconnected electric loads and distributed energy resources with clearly defined electrical boundaries that:

(a) Functions as a single, controllable entity with respect to the electric grid; and

(b) Can be connected to or disconnected from the electric grid to enable it to operate either in grid-connected mode or in island mode.

(11) "Office" means the Colorado resiliency office created in section 24-32-121.

(12) "Renewable energy" has the meaning set forth in section 40-1-102 (11).

(13) "Renewable energy storage" means an energy storage system, as defined in section 40-2-130 (2)(a).

(14) "Severe weather or natural disaster events" includes, but is not limited to, snowstorms, freezes, wildfires, tornadoes, high winds, and floods.
C.R.S. § 40-4-102 — CO Code / Title 40 / Article 4 / Section 40-4-102
40-4-102. Extensions and improvements prescribed - when
Status: in_force

40-4-102. Extensions and improvements prescribed - when. (1) Whenever the commission, after a hearing upon its own motion, upon appeal by a public utility or power authority from a local government action pursuant to section 29-20-108 (5), C.R.S., or upon complaint, finds that the additions, extensions, repairs, or improvements to or change in the existing plant, equipment, facilities, or other physical property of any public utility or of any two or more public utilities ought reasonably to be made, that a new structure should be erected to promote the security or convenience of its employees or the public or in any other way to secure adequate service or facilities, or that the conditions imposed by a local government action unreasonably impair the ability of a public utility or power authority to provide safe, reliable, and economical service, the commission shall make and serve an order directing that such additions, extensions, repairs, improvements, or changes be made or such structure be erected in the manner and within the time specified in such order. If the commission orders the erection of a new structure, the selection of the site for such structure shall be subject to the approval of the commission. If a public utility or power authority appeals an order from a local government action under section 29-20-108, C.R.S., the commission may require that the public utility or power authority reimburse the commission for the reasonable expenses, attorney fees, and expert witness fees the commission incurs in reviewing the appeal. Any fee collected pursuant to this section shall be remitted to the state treasurer, who shall credit such fee to the public utilities commission fixed utility fund created pursuant to section 40-2-114.

(2) If any additions, extensions, repairs, improvements, or changes or any new structures which the commission has ordered to be erected require joint action of two or more public utilities, the commission shall notify the public utilities that such additions, repairs, improvements, or changes or new structures have been ordered and that the same shall be made at their joint cost, whereupon the public utilities shall have such reasonable time as the commission may grant within which to agree upon the portion or division of cost of such additions, repairs, extensions, improvements, or changes or new structures which each shall bear. If, at the expiration of such time, such public utilities fail to file with the commission a statement that an agreement has been made for a division or apportionment of the cost or expense of such additions, extensions, repairs, improvements, or changes or new structures, the commission has the authority, after further hearing, to make an order fixing the proportion of such expense to be borne by each public utility and the manner in which the same shall be paid or secured.
C.R.S. § 40-24-110 — CO Code / Title 40 / Article 24 / Section 40-24-110
40-24-110. Motormen to have unobstructed view - trailing car excepted
Status: repealed

40-24-110. Motormen to have unobstructed view - trailing car excepted. (Repealed)
C.R.S. § 40-29-103 — CO Code / Title 40 / Article 29 / Section 40-29-103
40-29-103. Jurisdiction of county courts
Status: in_force

40-29-103. Jurisdiction of county courts. The county court has jurisdiction of any offense under sections 40-29-101 and 40-29-102.
C.R.S. § 40-29-106 — CO Code / Title 40 / Article 29 / Section 40-29-106
40-29-106. Locomotive headlights - exceptions
Status: in_force

40-29-106. Locomotive headlights - exceptions. It is the duty of every railroad corporation, receiver, or lessee thereof operating any line of railroad in this state to equip all locomotive engines used in the transportation of trains over said railroad with headlights of not less than twelve hundred candle power, measured without the aid of a reflector; but this section and section 40-29-107 shall not apply to locomotive engines which are regularly employed in yard service, known as switch engines; engines running for a distance of not more than sixteen miles within the limits of this state to complete their runs; those used exclusively between sunrise and sunset; nor engines going to or returning from repair shops when ordered to such shops for repair.
C.R.S. § 40-10.5-101 — CO Code / Title 40 / Article 10.5 / Section 40-10.5-101
40-10.5-101. Definitions
Status: in_force

40-10.5-101. Definitions. As used in this article, unless the context otherwise requires:

(1) "Commission" means the public utilities commission of the state of Colorado.

(2) "Unified carrier registration system" means the unified carrier registration system authorized by section 4305 of the federal "Unified Carrier Registration Act of 2005", 49 U.S.C. sec. 14504a, as amended.
C.R.S. § 40-7-101 — CO Code / Title 40 / Article 7 / Section 40-7-101
40-7-101. Enforcement of laws
Status: in_force

40-7-101. Enforcement of laws. It is the duty of the commission to see that the constitution and statutes of this state affecting public utilities, and persons subject to article 10.1 or 10.5 of this title, the enforcement of which is not specifically vested in some other officer or tribunal, are enforced and obeyed and that violations thereof are promptly prosecuted and penalties due the state are recovered and collected, and to this end it may sue in the name of the people of the state of Colorado. Upon the request of the commission, the attorney general or the district attorney acting for the proper county or city and county shall aid in any investigation, hearing, or trial had under articles 1 to 7 of this title and institute and prosecute actions or proceedings for the enforcement of the constitution and statutes of this state affecting public utilities and persons subject to article 10.1 or 10.5 of this title and for the punishment of all violations thereof.
C.R.S. § 40-5-107 — CO Code / Title 40 / Article 5 / Section 40-5-107
40-5-107. Electric vehicle programs - service connection cost recovery - definitions - rep
Status: repealed

40-5-107. Electric vehicle programs - service connection cost recovery - definitions - repeal. (1) (a) No later than May 15, 2020, and on or before May 15 every three years thereafter, an electric public utility shall file with the commission an application for a program for regulated activities to support widespread transportation electrification within the area covered by the utility's certificate of public convenience and necessity.

(b) To comply with this subsection (1), an application must seek to minimize overall costs and maximize overall benefits and may include:

(I) Investments or incentives to facilitate the deployment of customer-owned or utility-owned charging infrastructure, including charging facilities, make-ready infrastructure, and associated electrical equipment that support transportation electrification;

(II) Investments or incentives to facilitate the electrification of public transit and other vehicle fleets;

(III) Rate designs, or programs that encourage vehicle charging that supports the operation of the electric grid; and

(IV) Customer education, outreach, and incentive programs that increase awareness of the programs and of the benefits of transportation electrification and encourage greater adoption of electric vehicles.

(2) When considering transportation electrification programs and determining cost recovery for investments and other expenditures related to programs proposed by an electric public utility under subsection (1) of this section, the commission shall consider whether the investments and other expenditures are:

(a) Reasonably expected to improve the use of the electric grid, including improved integration of renewable energy;

(b) Reasonably expected to increase access to the use of electricity as a transportation fuel;

(c) Designed to ensure system safety and reliability;

(d) (I) Reasonably expected to contribute to meeting air quality standards, improving air quality in communities most affected by emissions from the transportation sector, and reducing statewide emissions of greenhouse gases by forty percent below 2005 levels by 2030 and eighty percent below 2005 levels by 2050.

(II) This subsection (2)(d) is repealed, effective July 1, 2031.

(e) Reasonably expected to stimulate innovation, competition, and increased consumer choices in electric vehicle charging and related infrastructure and services; attract private capital investments; and utilize high-quality jobs and skilled worker training programs;

(f) Transparent, incorporating public reporting requirements to inform design and commission policy; and

(g) Reasonably expected to provide access for low-income customers, in the totality of the utility's transportation electrification programs, which may include community-based and multi-family charging infrastructure, car share programs, and electrification of public transit, while giving due consideration to the affect on low-income customers.

(2.5) An electric public utility may recover its prudently incurred costs to facilitate a timely electric vehicle charging service connection, which costs may include the costs of equipment that the electric public utility procures for future upgrades needed to provide service connections for electric vehicle charging. An electric public utility may recover the costs of any such equipment inventory as capital work in progress if the inventory is projected to be used within three years of its procurement and with a return at the most recently authorized weighted average cost of capital.

(3) (a) Electric vehicle infrastructure electrical work on the customer side of the utility meter, including the installation of the charging station apparatus and related hardware, must:

(I) Be performed by a licensed master electrician, licensed journeyman electrician, licensed residential wireman, or properly supervised electrical apprentice as each term is defined in section 12-115-103; and

(II) Comply with article 115 of title 12, including sections 12-115-109 and 12-115-115, and all applicable rules of the state electrical board.

(b) For all electric vehicle infrastructure or charging stations owned by the utility, the utility shall use utility employees or qualified contractors if the contractors' employees have access to an apprenticeship program as defined in section 8-83-308 (3)(a). This apprenticeship requirement does not apply to:

(I) The design, planning, or engineering of the infrastructure;

(II) Management functions to operate the infrastructure; or

(III) Any work included in a warranty.

(c) An electric vehicle infrastructure project that is an energy sector public works project, as defined in section 24-92-303 (5), must comply with the applicable requirements of the "Colorado Energy Sector Public Works Project Craft Labor Requirements Act", part 3 of article 92 of title 24.

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

(a) "Industry" means either one or more individual employers or an industry association.

(b) (I) "Skilled worker training program" means an accredited educational, occupational education, as defined in section 23-60-103 (2), apprenticeship, or similar training program that:

(A) Trains or retrains individuals to perform a skill that is needed in the workforce; and

(B) Awards an industry- or state-recognized certificate, credential, associate degree, professional license, or similar evidence of achievement upon completion of the program.

(II) "Skilled worker training program" does not include an educational program that awards a bachelor's or higher degree upon completion of the program.
C.R.S. § 40-3-115 — CO Code / Title 40 / Article 3 / Section 40-3-115
40-3-115. Recovery of utility relocation costs
Status: in_force

40-3-115. Recovery of utility relocation costs. (1) As used in this section, unless the context otherwise requires:

(a) "Political subdivision" means a county, city and county, city, town, home rule city, home rule town, service authority, school district, local improvement district, law enforcement authority, water, sanitation, fire protection, metropolitan, irrigation, drainage, or other special district, or any other kind of municipal, quasi-municipal, or public organization organized pursuant to law.

(b) "State" means the state government, any state agency, state department, state institution, or state-level authority.

(2) (a) Notwithstanding the provisions of section 40-15-502 (3)(b)(I) to (3)(b)(V), local exchange providers of basic local exchange service subject to regulation pursuant to part 2, part 3, or part 5 of article 15 of this title may request authorization from the commission to recover the actual costs incurred for the relocation of infrastructure or facilities requested by the state or a political subdivision. Actual costs are the nonfacility costs incurred in the relocation plus the undepreciated amount of the facilities being replaced. Recovery of actual costs incurred for relocation is intended for those state and political subdivision requests that are determined by the commission to be beyond the normal course of business.

(b) The commission shall verify the actual costs that may be recovered, determine the allocation of costs to various customers and services, and prescribe the method of such recovery. In no event shall the period of recovery of the relocation costs exceed three years.

(c) In determining the allocation of the costs to be recovered, the commission shall consider the jurisdiction requiring the relocation and the geographic area that most directly benefits from the required relocation to determine the customers or services that will bear the costs.
C.R.S. § 40-10.1-113 — CO Code / Title 40 / Article 10.1 / Part 1 / Section 40-10.1-113
40-10.1-113. Penalty for violations
Status: in_force

40-10.1-113. Penalty for violations. Any person who provides transportation in intrastate commerce without first obtaining a certificate or permit, violates any of the terms thereof, fails or refuses to make any return or report required by the commission, denies to the commission access to the books and records of such person, or makes any false return or report commits a class 2 misdemeanor.
C.R.S. § 40-15-308 — CO Code / Title 40 / Article 15 / Part 3 / Section 40-15-308
40-15-308. Private line services
Status: repealed

40-15-308. Private line services. (Repealed)
C.R.S. § 40-8-105 — CO Code / Title 40 / Article 8 / Section 40-8-105
40-8-105. Authority of commission unaffected
Status: in_force

40-8-105. Authority of commission unaffected. Except as provided in section 40-8-101 (2), nothing in this article shall affect the authority of the public utilities commission, as otherwise provided by law, to determine the manner in which overcharges by a public utility shall be returned to the customers of that utility.
C.R.S. § 40-33-103 — CO Code / Title 40 / Article 33 / Section 40-33-103
40-33-103. Employee does not assume risks
Status: in_force

40-33-103. Employee does not assume risks. In any action brought against any common carrier under or by virtue of any of the provisions of this article to recover damages for injuries to, or the death of, any of its employees, such employee shall not be held to have assumed the risks of his employment in any case where such injury or death resulted in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.
C.R.S. § 40-1.1-106 — CO Code / Title 40 / Article 1.1 / Section 40-1.1-106
40-1.1-106. Safety and insurance regulation
Status: in_force

40-1.1-106. Safety and insurance regulation. (1) The provisions of parts 2, 3, and 5 of article 4 of title 42, C.R.S., shall be applicable to motor vehicles used in people service transportation or volunteer transportation.

(2) Before a motor vehicle designed to transport more than sixteen passengers and used in people service transportation or volunteer transportation is operated or permitted to operate on any public highway of this state, the owner of such vehicle shall file with the department of revenue a certificate, in a form as approved by said department, evidencing a motor vehicle liability insurance policy issued by an insurance carrier or insurer authorized to do business in the state of Colorado or a surety bond issued by a company authorized to do a surety business in the state of Colorado with a minimum sum of fifty thousand dollars for damages to property of others, a minimum sum of one hundred thousand dollars for damages for or on account of bodily injury or death of one person as a result of any one accident, and, subject to such limit as to one person, a minimum sum of three hundred thousand dollars for or on account of bodily injury to or death of all persons as a result of any one accident.

(3) Any state agency which provides public funds to a people service agency may establish insurance and safety requirements which are in addition to and consistent with any other applicable insurance and safety requirements and which shall apply to people service transportation or volunteer transportation which it funds.
C.R.S. § 40-29-105 — CO Code / Title 40 / Article 29 / Section 40-29-105
40-29-105. Prima facie evidence of neglect
Status: repealed

40-29-105. Prima facie evidence of neglect. (Repealed)
C.R.S. § 40-32-104.5 — CO Code / Title 40 / Article 32 / Section 40-32-104.5
40-32-104.5. Railroad peace officer - defined - scope of authority - responsibility and liabi
Status: in_force

40-32-104.5. Railroad peace officer - defined - scope of authority - responsibility and liability of railroad. (1) As used in this section, "railroad peace officer" means any person who is employed by a class I railroad corporation operating within the state of Colorado to protect and investigate offenses against the railroad corporation.

(2) A class I railroad corporation may employ a railroad peace officer to protect and investigate offenses against the corporation. Such railroad peace officer, while engaged in the conduct of his or her employment, shall possess and exercise all the powers vested in a peace officer of this state, pursuant to sections 16-2.5-101 and 16-2.5-142, C.R.S. Such authority shall be exercised only in the protection of persons, including on-duty employees, who are located on the class I railroad corporation's property and in the protection of all real and personal property in the current physical possession of such railroad corporation. Such authority may include engaging in immediate pursuit. In the exercise of his or her duties, the railroad peace officer shall have the power to arrest for violation of laws upon railroad property; except that he or she shall be required to notify the appropriate local law enforcement agency before applying for any warrant or lodging any criminal complaint unless the arrest is pursuant to section 40-32-107.

(3) The class I railroad corporation employing the railroad peace officer shall be solely responsible for any liability resulting from acts or omissions of the railroad peace officer which arise within the scope and course of his employment.
C.R.S. § 40-41-108 — CO Code / Title 40 / Article 41 / Section 40-41-108
40-41-108. Judicial review of financing orders
Status: in_force

40-41-108. Judicial review of financing orders. A financing order is a final order of the commission. Notwithstanding section 40-6-115 (5) specifying proper venue for petition filings, a party aggrieved by the issuance of a financing order may petition for suspension and review of the financing order only in the district court for the city and county of Denver. In the case of any petition for suspension and review, the court shall proceed to hear and determine the action as expeditiously as practicable and shall give the action precedence over other matters not accorded similar precedence by law.
C.R.S. § 40-9-110 — CO Code / Title 40 / Article 9 / Section 40-9-110
40-9-110. Railroad freight transport - number of crew members required - penalty - legisla
Status: in_force

40-9-110. Railroad freight transport - number of crew members required - penalty - legislative declaration - definitions. (1) The general assembly hereby finds, determines, and declares that it is in the public interest to require that a common carrier engaged in the transportation of freight by railroad have multiple crew members aboard a railroad train or light engine in order to help ensure the public safety of citizens of this state and the safety of the state's waterways and natural environment.

(2) A railroad train or light engine operated in connection with carrying freight must have at least two crew members aboard while the railroad train or light engine is moving.

(3) Subsection (2) of this section does not apply to:

(a) Helper service;

(b) Trains that are used primarily for the purpose of transporting people from one location to another or are used for tourism purposes such as scenic, historic, or excursion rides;

(c) A locomotive or group of locomotives that are traveling no more than thirty miles per hour outside of a rail yard and are attached only to a caboose;

(d) Hostler service; and

(e) The movement of a train for the purpose of loading or unloading freight so long as the train is moving no more than ten miles per hour.

(4) A person who willfully violates subsection (2) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of:

(a) Not less than two hundred fifty dollars nor more than one thousand dollars for a first offense;

(b) Not less than one thousand dollars nor more than five thousand dollars for a second offense committed within three years; or

(c) Not less than five thousand dollars nor more than ten thousand dollars for a third or subsequent offense committed within three years.

(5) As used in this section:

(a) (I) "Crew member" means an employee of the common carrier involved in the operation of a railroad train or light engine.

(II) "Crew member" does not include a hostler service or utility employee or contractor of the carrier.

(b) (I) "Helper service" means the use of a locomotive or a group of locomotives to assist another train that is experiencing mechanical failure or lacks the power to traverse difficult terrain.

(II) "Helper service" includes the travel to or from a location where the assistance is provided.

(c) "Hostler service" means the movement of locomotives that are not attached to rail cars within a rail yard.
C.R.S. § 40-32-109 — CO Code / Title 40 / Article 32 / Section 40-32-109
40-32-109. Compliance
Status: repealed

40-32-109. Compliance. (Repealed)
C.R.S. § 40-9-101 — CO Code / Title 40 / Article 9 / Section 40-9-101
40-9-101. Application of sections
Status: in_force

40-9-101. Application of sections. Sections 40-9-101 to 40-9-110 apply to any common carrier engaged in the transportation of passengers or property by railroad from one point within the state to any other point within the state. These sections do not apply to the ownership or operation of street transportation public utilities conducted solely as common carriers in the transportation of passengers.
C.R.S. § 40-5-106 — CO Code / Title 40 / Article 5 / Section 40-5-106
40-5-106. Designation for service of process
Status: in_force

40-5-106. Designation for service of process. (1) It is the duty of every public utility operating in, through, or into the state of Colorado to file with the commission a designation in writing, under oath, of the name and post office address of a person upon whom service of notices or orders in proceedings pending before the commission may be made. Such designation may from time to time be changed by like writing similarly filed. In default of such designation, service of any notice or order may be made by posting such order or notice in the office of the director of the commission and by mailing a copy of such notice or order to such public utility by certified mail, return receipt requested, at its last-known address.

(2) Every public utility operating in, through, or into the state of Colorado shall also file with the director of the commission a designation in writing, under oath, of the name and post office address of a person in the state of Colorado upon whom process issued by or under the authority of any court or board having jurisdiction of the subject matter may be served in any judicial or other proceeding brought against such public utility in this state. Such designation may from time to time be changed by like writing similarly filed. In default of such designation, service may be made upon any agent, representative, or employee of such public utility found within the state. Nothing in this article shall apply to railroad corporations.
C.R.S. § 40-18-102 — CO Code / Title 40 / Article 18 / Section 40-18-102
40-18-102. Rail fixed guideway system safety oversight program - commission may establish
Status: in_force

40-18-102. Rail fixed guideway system safety oversight program - commission may establish. The commission is authorized to establish an oversight program for the safety and security of rail fixed guideway systems in accordance with section 28 of the "Intermodal Surface Transportation Efficiency Act of 1991", 49 U.S.C. sec. 5330, and the "Moving Ahead for Progress in the 21st Century Act", 49 U.S.C. sec. 5329.
C.R.S. § 40-6-122 — CO Code / Title 40 / Article 6 / Section 40-6-122
40-6-122. Ex parte communications - disclosure
Status: in_force

40-6-122. Ex parte communications - disclosure. (1) Commissioners and administrative law judges shall file memoranda, in accordance with this section, of all private communications to or from interested persons concerning matters under the commissioners' or judges' jurisdiction.

(2) For purposes of this section, "interested person" means any person or entity, or any agent or representative of a person or entity:

(a) Whose operations are within the jurisdiction of the commission; or

(b) Who has participated in a proceeding before the commission within one year prior to the communication; or

(c) Who anticipates participating in a proceeding before the commission within one year after the communication.

(3) Each memorandum filed pursuant to subsection (1) of this section shall set forth the time and place at which the communication was made, the persons who were present at that time and place, a statement of the subject matter of the communication, other than proprietary information, and a statement that the subject matter of the communication did not relate to any pending adjudicatory proceeding before the commission. It shall not be necessary for the memorandum to be prepared by the commissioner or judge, but it shall be signed or otherwise authenticated by the commissioner or judge, whose signature or authentication shall constitute a certificate by such commissioner or judge that the memorandum is complete and accurate. All such memoranda shall be filed with the director of the commission, who shall keep them on file and available for public inspection for a minimum of three years after their submission.

(4) Any public utility may request that the commission conduct a public meeting at which communications otherwise subject to this section may be made without the necessity of filing memoranda. The commission shall adopt reasonable rules and regulations to govern such requests. In addition, the commission may adopt such other rules as are necessary and proper to govern ex parte communications generally.

(5) As used in this section, an "adjudicatory proceeding" does not include a rule-making proceeding or discussions on pending legislative proposals.
C.R.S. § 40-4-114 — CO Code / Title 40 / Article 4 / Section 40-4-114
40-4-114. Funding and appropriations - retail electricity policy development fund - creati
Status: repealed

40-4-114. Funding and appropriations - retail electricity policy development fund - creation - repeal. (Repealed)
C.R.S. § 40-15-305 — CO Code / Title 40 / Article 15 / Part 3 / Section 40-15-305
40-15-305. Time period for consideration of deregulation of emerging competitive telecommun
Status: in_force

40-15-305. Time period for consideration of deregulation of emerging competitive telecommunications service. (1) (a) Notwithstanding any other provision of this title, upon its own motion or upon application by any person, the commission shall deregulate, pursuant to part 4 of this article, specific telecommunications services subject to this part 3 upon a finding that there is effective competition in the relevant market for such service and that such deregulation will promote the public interest and the provision of adequate and reliable service at just and reasonable rates.

(b) In determining whether effective competition for a specific telecommunications service exists, the commission shall make findings, after notice and opportunity for hearing, and shall issue an order based upon consideration of the following factors as the commission deems applicable in particular cases:

(I) The extent of economic, technological, or other barriers to market entry and exit;

(II) The number of other entities offering similar services;

(III) The ability of consumers to obtain the service from other providers at reasonable and comparable rates, on comparable terms, and under comparable conditions;

(IV) The ability of any provider of such telecommunications service to affect prices or deter competition;

(V) Such other relevant and necessary factors, including but not limited to relevant geographic areas, as the commission deems appropriate.

(c) The commission shall approve or deny any such application for deregulation 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 ninety days upon a finding that the proceeding cannot be completed within one hundred eighty days and that the additional time period is necessary for the commission to adequately and completely fulfill its duty under this subsection (1). If the commission has not acted on any such application within the appropriate time period permitted, the application shall be deemed granted.

(d) In determining geographic areas under paragraph (b) of this subsection (1), the commission shall not be unduly restrictive.

(2) Any telecommunications service or product not defined in part 1 of this article or not already classified pursuant to parts 2 to 4 of this article shall be classified as an emerging competitive telecommunications service under this part 3.
C.R.S. § 40-3-101 — CO Code / Title 40 / Article 3 / Section 40-3-101
40-3-101. Reasonable charges - adequate service
Status: in_force

40-3-101. Reasonable charges - adequate service. (1) All charges made, demanded, or received by any public utility for any rate, fare, product, or commodity furnished or to be furnished or any service rendered or to be rendered shall be just and reasonable. Every unjust or unreasonable charge made, demanded, or received for such rate, fare, product or commodity, or service is prohibited and declared unlawful. Rates and charges demanded or received by any public utility for gas transportation service furnished or to be furnished shall not be deemed to be unjust or unreasonable so long as said rate or charge is no greater than a maximum rate and no lower than a minimum rate determined by the commission (or, in the case of a municipal utility, by the governing body of the municipal utility in accordance with sections 40-3-102 and 40-3.5-102) to be just and reasonable, and the provision of such gas transportation service at such rates or charges shall not constitute per se unjust discrimination or the granting of a preference. Nothing in this subsection (1) shall limit or restrict the commission's authority to regulate rates and charges, correct abuses, or prevent unjust discrimination.

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

(3) (a) If a retail cooperative electric association, in conjunction with the payment of an applicable charge, withdraws from membership in a wholesale electric cooperative, as defined in section 40-2-136 (3)(c), that withdrawal is deemed to be a matter of statewide concern, and, in relation to such withdrawal:

(I) The wholesale electric cooperative will act in accordance with the obligation of good faith and fair dealing in implementing the withdrawal and shall not require or impose commercially unreasonable contractual terms on the retail cooperative electric association in relation to the withdrawal; and

(II) The wholesale electric cooperative shall, upon request from the withdrawing retail cooperative electric association, facilitate the retail cooperative electric association's transition from native load to a firm service transmission customer without diminishing the withdrawing retail cooperative electric association's native electric load priority for accessing firm transmission capacity.

(b) The commission has the authority to adjudicate complaints about the terms on which a wholesale electric cooperative implements withdrawal pursuant to this subsection (3).
C.R.S. § 40-3-108 — CO Code / Title 40 / Article 3 / Section 40-3-108
40-3-108. Rates for long and short distances
Status: in_force

40-3-108. Rates for long and short distances. No telephone public utility subject to articles 1 to 7 of this title shall charge or receive any greater compensation in the aggregate for the transmission of any long distance message or conversation for a shorter than for a longer distance over the same line or route in the same direction within this state, the shorter being included within the longer distance, or charge any greater compensation for a through service than the aggregate of the intermediate rates or tolls subject to articles 1 to 7 of this title. Upon application to the commission, a telephone public utility may be authorized by the commission to charge less for a longer than a shorter distance service for the transmission of messages or conversations in special cases, after investigation; and the commission may from time to time prescribe the extent to which such telephone public utility may be relieved from the operation and requirements of this section.
C.R.S. § 40-41-110 — CO Code / Title 40 / Article 41 / Section 40-41-110
40-41-110. CO-EI property
Status: in_force

40-41-110. CO-EI property. (1) CO-EI property that is described in a financing order constitutes an existing present property right or interest in an existing present property right even though the imposition and collection of CO-EI charges depends on the electric utility to which the financing order is issued performing its servicing functions relating to the collection of CO-EI charges and on future electricity consumption. The property right or interest exists regardless of whether the revenues or proceeds arising from the CO-EI property have been billed, have accrued, or have been collected and notwithstanding the fact that the value or amount of the property right or interest is dependent on the future provision of service to customers by the electric utility or a successor or assignee of the electric utility.

(2) CO-EI property described in a financing order exists until all CO-EI bonds issued pursuant to the financing order are paid in full and all financing costs and other costs of the CO-EI bonds have been recovered in full.

(3) All or any portion of CO-EI property described in a financing order issued to an electric utility may be transferred, sold, conveyed, or assigned to a successor or assignee that is wholly owned, directly or indirectly, by the electric utility and is created for the limited purpose of acquiring, owning, or administering CO-EI property or issuing CO-EI bonds as authorized by the financing order. All or any portion of CO-EI property may be pledged to secure CO-EI bonds issued pursuant to a financing order, amounts payable to financing parties and to counterparties under any ancillary agreements, and other financing costs. Each transfer, sale, conveyance, assignment, or pledge by an electric utility or an affiliate of an electric utility is a transaction in the normal course of business for purposes of section 40-5-105 (1)(a).

(4) If an electric utility defaults on any required payment of charges arising from CO-EI property described in a financing order, a court, upon application by an interested party and without limiting any other remedies available to the applying party, shall order the sequestration and payment of the revenue arising from the CO-EI property to the financing parties. Any such financing order remains in full force and effect notwithstanding any reorganization, bankruptcy, or other insolvency proceedings with respect to the electric utility or its successors or assignees.

(5) The interest of a transferee, purchaser, acquirer, assignee, or pledgee in CO-EI property specified in a financing order issued to an electric utility, and in the revenue and collections arising from that property, is not subject to setoff, counterclaim, surcharge, or defense by the electric utility or any other person or in connection with the reorganization, bankruptcy, or other insolvency of the electric utility or any other entity.

(6) A successor to an electric utility, whether pursuant to any reorganization, bankruptcy, or other insolvency proceeding or whether pursuant to any merger or acquisition, sale, other business combination, or transfer by operation of law, as a result of electric utility restructuring or otherwise, shall perform and satisfy all obligations of, and has the same duties and rights under a financing order as, the electric utility to which the financing order applies and shall perform the duties and exercise the rights in the same manner and to the same extent as the electric utility, including collecting and paying to any person entitled to receive them the revenues, collections, payments, or proceeds of CO-EI property described in the financing order.
C.R.S. § 40-2-113 — CO Code / Title 40 / Article 2 / Part 1 / Section 40-2-113
40-2-113. Collection of fees - limitation
Status: in_force

40-2-113. Collection of fees - limitation. (1) On or before June 15 of each year, the department of revenue shall notify each public utility subject to this article 2 of the amount of its fee for the ensuing fiscal year beginning July 1, computed by multiplying its gross intrastate utility operating revenues for the preceding calendar year, as set forth in its return filed for that purpose, by the percentage determined in accordance with section 40-2-112; except that the department of revenue shall not require a public utility that is a telephone corporation to pay a fee in excess of two-fifths of one percent of its gross intrastate utility operating revenues for the preceding calendar year and shall not require any other public utility to pay a fee in excess of forty-five one-hundredths of one percent of its gross intrastate utility operating revenues for the preceding calendar year.

(2) Each public utility, including penal communications service providers, as defined in section 17-42-103 (2), shall pay the fee assessed against it to the department of revenue in equal quarterly installments on or before July 15, October 15, January 15, and April 15 in each fiscal year. If a public utility does not make a payment by one of the quarterly deadlines, the department of revenue shall charge the public utility a penalty of ten percent of the installment due, together with interest at the rate of one percent per month on the amount of the unpaid installment until the full amount of the installment, penalty, and interest has been paid. Upon failure, refusal, or neglect of any public utility to pay the fee, or any penalty or interest, the attorney general shall bring suit in the name of the state to collect the amount due.

(3) The commission shall allow a public utility that is not a telephone corporation full recovery of fees assessed and remitted to the department of revenue pursuant to this section. The recovery mechanism must include the ability of the utility, at its option, to use a deferred account to track changes in fees between rate proceedings.
C.R.S. § 40-3-104.4 — CO Code / Title 40 / Article 3 / Section 40-3-104.4
40-3-104.4. Simplified regulatory treatment for small or nonprofit water companies
Status: in_force

40-3-104.4. Simplified regulatory treatment for small or nonprofit water companies. (1) The commission, with due consideration to 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 3 to small, privately owned water companies that serve fewer than one thousand five hundred customers. The commission, when considering policy statements and rules, shall balance reasonable regulatory oversight with the cost of regulation in relation to the benefit derived from the regulation.

(2) (a) Except as otherwise provided in subsection (2)(b) of this section, a water company registered as a nonprofit organization under section 501 (c) of the federal "Internal Revenue Code of 1986", as amended, 26 U.S.C. sec. 501 (c), is exempt from regulation under the "Public Utilities Law", articles 1 to 7 of this title 40.

(b) Notwithstanding subsection (2)(a) of this section, all rates, charges, and terms and conditions of service between a water company described in subsection (2)(a) of this section and its customers must be just and reasonable. The commission shall resolve any complaint alleging a violation of this subsection (2)(b) in accordance with articles 6 and 7 of this title 40 if the complaint is signed by:

(I) The mayor, the president of the board of trustees, or a majority of the council, commission, or other governing body of an affected city, county, city and county, or town;

(II) The chief executive officer of an affected public utility; or

(III) The lesser of:

(A) At least twenty-five customers or prospective customers of the water company complained of; or

(B) At least twenty-five percent of the current customers of the water company complained of.
C.R.S. § 40-31-101 — CO Code / Title 40 / Article 31 / Section 40-31-101
40-31-101. Railroad company claim agent
Status: in_force

40-31-101. Railroad company claim agent. Every railroad corporation or the lessee or receiver thereof or other person operating the same doing business in this state shall have and keep an agent or other person residing and having his office in the principal city or town along its line within the state whose duty it is and who is fully authorized by such railroad company to adjust and settle all claims for overcharge collected within this state and for all loss or damage. Any railroad corporation or the lessee or receiver thereof or other person so doing business in this state who fails to have and keep such agent or representative within such city or town shall be subject to a penalty of three thousand dollars for each and every month during which said railroad company or the lessee or receiver thereof or other person fails to have and keep said agent, which said penalty shall be recovered by the attorney general for the use of the state in an action commenced for that purpose in any court of competent jurisdiction of this state.
C.R.S. § 40-5-101.5 — CO Code / Title 40 / Article 5 / Section 40-5-101.5
40-5-101.5. Investor-owned utilities' service extension policies - commission review - rules
Status: in_force

40-5-101.5. Investor-owned utilities' service extension policies - commission review - rules. (1) Within one hundred eighty days after August 9, 2017, the commission shall open a nonadjudicatory proceeding to evaluate investor-owned utilities' current service extension policies for serving new load applications; except that gas-only, investor-owned utilities are not subject to the commission's nonadjudicatory proceeding. Based on the commission's evaluation, the commission shall issue a decision containing recommendations to investor-owned utilities for potential implementation.

(2) In the commission's nonadjudicatory proceeding, the commission shall consider, without limitation, the following information from investor-owned utilities:

(a) The utilities' general load extension procedures used by the utility and requesting customers, including:

(I) The use of construction agreements, revenue assurance agreements, assignment of estimated costs, predevelopment system investment protocols, and options for cost and schedule transparency; and

(II) Potential system automation benefits to enhance clarity of the requirements and process;

(b) Equitable allocation of costs associated with an extension of facilities and any other factors affecting the cost of an extension of facilities; and

(c) Variables that affect time lines for construction and implementation of an extension of facilities.

(3) Within ninety days after the conclusion of the nonadjudicatory proceeding, the commission may promulgate rules consistent with the findings of the nonadjudicatory proceeding.