C.R.S. § 40-41-107 — CO Code / Title 40 / Article 41 / Section 40-41-107
40-41-107. Electric utility customer protection
Status: in_force

40-41-107. Electric utility customer protection. (1) In addition to any other authority of the commission:

(a) The commission may attach such conditions to the approval of a financing order as the commission deems appropriate to maximize the benefits and minimize the risks of the transaction to customers, directly impacted Colorado workers and communities, and the electric utility;

(b) The commission shall specify in the financing order a process to structure, market, and price CO-EI bonds, including the selection of the underwriter or underwriters, in a manner consistent with the public interest and the legal obligations of the electric utility;

(c) The commission shall review and determine the reasonableness of all proposed up-front and ongoing financing costs; and

(d) The commission has the authority required to perform comprehensive due diligence in its evaluation of an application for a financing order and has the authority to oversee the process used to structure, market, and price CO-EI bonds.

(2) Within one hundred twenty days after the issuance of CO-EI bonds, the applicant shall file with the commission information regarding the actual up-front issuance costs of the CO-EI bonds. The commission shall review, on a reasonably comparable basis, such information to determine if the issuance resulted in the lowest overall costs that were reasonably consistent with both market conditions at the time of the pricing and the terms of the financing order. The commission may disallow incremental up-front issuance costs in excess of the lowest overall costs by requiring the electric utility to make a credit in an amount equal to the excess of actual issuance costs incurred, and paid for out of CO-EI bond proceeds, and the lowest overall issuance costs as determined by the commission. The commission may not make adjustments to the CO-EI charges for any such excess up-front issuance costs.

(3) In performing its responsibilities under this article 41, the commission may engage outside consultants and counsel, selected by the commission, who are experienced in securitized electric utility ratepayer-backed bond financing similar to CO-EI bonds. These outside consultants and counsel have a duty of loyalty solely to the commission, must not have any financial interest in the CO-EI bonds, and shall not participate in the underwriting or secondary market trading of the CO-EI bonds. The expenses associated with any engagement shall be paid by the applicant utility and shall be included as financing costs and included in the CO-EI charge, are not an obligation of the state, and are assigned solely to the transaction.

(4) If an electric utility's application for a financing order is denied or withdrawn or for any reason no CO-EI bonds are issued, any costs of retaining expert consultants and counsel on behalf of the commission, as authorized by subsection (3) of this section and approved by the commission, shall be paid by the applicant electric utility and shall be eligible for recovery by the electric utility, including carrying costs, in the electric utility's future rates.
C.R.S. § 40-18-105 — CO Code / Title 40 / Article 18 / Section 40-18-105
40-18-105. Calculation and assessment of fees
Status: repealed

40-18-105. Calculation and assessment of fees.

(1) Repealed.

(2) (a) At each regular session, the general assembly shall determine the amounts to be expended by the commission from the public utilities commission fixed utility fund created in section 40-2-114 for its administrative expenses under this article, including any additional FTE that may be necessary.

(b) The director of the public utilities commission shall provide written notice to the revisor of statutes once the federal grant moneys made available under the "Moving Ahead for Progress in the 21st Century Act", 49 U.S.C. sec. 5329, have been awarded to the state. This subsection (2) takes effect upon the receipt by the revisor of statutes of such written notice.
C.R.S. § 40-4-107 — CO Code / Title 40 / Article 4 / Section 40-4-107
40-4-107. Time limit regulations
Status: repealed

40-4-107. Time limit regulations. (Repealed)
C.R.S. § 40-43-101 — CO Code / Title 40 / Article 43 / Section 40-43-101
40-43-101. Short title
Status: in_force

40-43-101. Short title. The short title of this article 43 is the "Colorado Resource Adequacy Act of 2023".
C.R.S. § 40-3.2-209 — CO Code / Title 40 / Article 3.2 / Part 2 / Section 40-3.2-209
40-3.2-209. Early reductions
Status: in_force

40-3.2-209. Early reductions. Reductions in emissions achieved pursuant to this part 2 through a compliance strategy before such reductions are mandated under federal law are voluntary for purposes of determining early reduction credits under federal law.
C.R.S. § 40-10.1-103 — CO Code / Title 40 / Article 10.1 / Part 1 / Section 40-10.1-103
40-10.1-103. Subject to control by commission
Status: in_force

40-10.1-103. Subject to control by commission. (1) All common carriers and contract carriers are declared to be public utilities within the meaning of articles 1 to 7 of this title and are declared to be affected with a public interest and subject to this article and articles 1 to 7 of this title, including the regulation of all rates and charges pertaining to public utilities, so far as applicable, and other laws of this state not in conflict therewith.

(2) Except as provided in subsection (1) of this section, motor carriers are not public utilities under this title, but are declared to be affected with a public interest and are subject to regulation to the extent provided in this article, in section 40-2-110.5, in article 6 of this title, and in article 7 of this title except sections 40-7-113.5, 40-7-116.5, and 40-7-117. The term "public utility", when used in articles 6 and 7 of this title, includes all motor carriers.

(3) Transportation network companies, as defined in section 40-10.1-602 (3), are not common carriers, contract carriers, or motor carriers under this title, but are declared to be affected with a public interest and are subject to regulation to the extent provided in part 6 of this article.
C.R.S. § 40-24-111 — CO Code / Title 40 / Article 24 / Section 40-24-111
40-24-111. Each day an offense - penalty
Status: repealed

40-24-111. Each day an offense - penalty. (Repealed)
C.R.S. § 40-10.1-607.5 — CO Code / Title 40 / Article 10.1 / Part 6 / Section 40-10.1-607.5
40-10.1-607.5. Fees - enterprise per ride fees - collection - distribution of fee proceeds - en
Status: in_force

40-10.1-607.5. Fees - enterprise per ride fees - collection - distribution of fee proceeds - enterprise per ride fees fund - rules - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Air pollution mitigation per ride fee" means the air pollution mitigation per ride fee imposed by the nonattainment area air pollution mitigation enterprise as required by section 43-4-1303 (7).

(b) "Car share ride" means a prearranged ride for which the rider agrees, at the time the rider requests the ride through a digital network, to be transported with another rider who has separately requested a prearranged ride.

(c) "Clean fleet per ride fee" means the clean fleet per ride fee imposed by the clean fleet enterprise created in section 25-7.5-103 (1)(a) as required by section 25-7.5-103 (7).

(d) "Enterprise per ride fees" means the clean fleet per ride fee and the air pollution mitigation per ride fee.

(2) For prearranged rides requested and accepted during state fiscal year 2022-23 or any subsequent state fiscal year, each transportation network company shall pay to the department of revenue, at the time and in the manner prescribed by the department, the enterprise per ride fees, which, for the purpose of minimizing compliance costs for transportation network companies and administrative costs for the state, the department shall collect on behalf of the enterprises.

(3) The department of revenue shall transmit all net enterprise per ride fee revenue to the state treasurer, who shall credit the net revenue as follows:

(a) All net clean fleet per ride fee revenue shall be credited to the clean fleet enterprise fund created in section 25-7.5-103 (5); and

(b) All net air pollution mitigation per ride fee revenue shall be credited to the nonattainment area air pollution mitigation enterprise fund created in section 43-4-1303 (5).

(4) When collecting the enterprise per ride fees, the department of revenue shall retain an amount that does not exceed the total cost of collecting, administering, and enforcing the enterprise per ride fees and shall transmit the amount retained to the state treasurer, who shall credit it to the enterprise per ride fees fund, which is hereby created in the state treasury. All money in the enterprise per ride fees fund is continuously appropriated to the department of revenue to defray the costs incurred by the department in collecting, enforcing, and administering the enterprise per ride fees.

(5) The collection, administration, and enforcement of the enterprise per ride fees collected as required by subsection (2) of this section shall be performed by the executive director of the department of revenue in the same manner as the collection, administration, and enforcement of state taxes pursuant to article 21 of title 39. The department of revenue may promulgate rules to implement this section.
C.R.S. § 40-2-103 — CO Code / Title 40 / Article 2 / Part 1 / Section 40-2-103
40-2-103. Director - duties
Status: repealed

40-2-103. Director - duties. (1) The executive director of the department of regulatory agencies, pursuant to section 13 of article XII of the state constitution, and with the approval of the commission, shall appoint a director of the commission. The director shall manage the operations of the agency in order to carry out the public utilities law, to carry out and implement policies, procedures, and decisions made by the commission, and to meet the requirements of the commission concerning any matters within the authority of a type 1 entity, as defined in section 24-1-105, and which requirements are under the jurisdiction of the commission. The director has all the powers and responsibilities of the division director for this purpose, including the power to issue all necessary process, writs, warrants, and notices. The director has the requisite power to serve warrants and other process in any county or city and county of this state and to delegate such actions to duly authorized employees or agents of the agency as appropriate.

(2) Repealed.
C.R.S. § 40-10.1-111 — CO Code / Title 40 / Article 10.1 / Part 1 / Section 40-10.1-111
40-10.1-111. Filing, issuance, and annual fees - fee setting by the commission
Status: in_force

40-10.1-111. Filing, issuance, and annual fees - fee setting by the commission. (1) A motor carrier shall pay the commission the following fees in amounts set administratively by the commission with approval of the executive director of the department of regulatory agencies:

(a) The filing fee for an application for a temporary authority, certificate, or permit under part 2 of this article 10.1 or for an extension, amendment, transfer, or lease of a temporary authority, certificate, or permit and the fee for issuance of a temporary authority, certificate, or permit under part 2 of this article 10.1;

(b) The annual filing fee for a permit to operate under part 7 of this article 10.1 to provide large-market taxicab service;

(c) The filing fee for a permit to operate under part 4 or part 8 of this article 10.1;

(d) The annual filing fee for a permit to operate under part 5 of this article 10.1;

(e) The filing fee for a temporary permit to operate as a mover pursuant to section 40-10.1-502 (5)(a);

(e.5) The filing fee for a permit to operate pursuant to part 3 of this article 10.1; and

(f) The annual fee for each motor vehicle a motor carrier owns, controls, operates, or manages.

(2) Except for a mover holding a permit issued under part 5 of this article 10.1 and a motor carrier that has paid a fee pursuant to article 10.5 of this title 40, a motor carrier shall not operate any motor vehicle in intrastate commerce unless the motor carrier has paid the annual fees required by subsection (1)(f) of this section. The annual fees apply on a calendar year basis and are creditable only to the specific vehicles for which the fees have been paid.

(3) Administratively set fees must be based on the appropriation made for the purposes specified in section 40-2-110 (2)(a)(I), subject to the approval of the executive director of the department of regulatory agencies, such that the revenue generated from all motor carrier fees approximates the direct and indirect costs of the commission in the supervision and regulation of motor carriers.

(4) The commission shall transmit all fees collected under this section 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. § 40-9.5-110 — CO Code / Title 40 / Article 9.5 / Part 1 / Section 40-9.5-110
40-9.5-110. Board of directors of cooperative electric associations - nomination - elections
Status: in_force

40-9.5-110. Board of directors of cooperative electric associations - nomination - elections. (1) (a) A nomination for director on the board of directors of a cooperative electric association may be made by written petition signed by at least fifteen members of such association, and filed with the board of directors of such association no later than sixty days prior to the date of the election. Any petition so filed shall designate the name of the nominee and the term for which nominated. The name of a nominee shall appear on the ballot if the nominating petition is in apparent conformity with this section as determined by the secretary of the board. Nomination and election of directors by districts, if provided for in the bylaws of the association, shall be permitted.

(b) Each candidate for a position on the board of directors is entitled to receive a membership list in an electronic format upon receipt and verification of a valid petition. The membership list must include the names and addresses of all members, including all joint members, as they appear in the association's records. Candidates shall use such lists only for purposes of the election and shall return or destroy them immediately after the election.

(c) All board members shall make available to association members some means for direct contact, whether by telephone, electronic mail, or regular mail. Information on how to contact each board member by one or more of these methods shall be available on the association website.

(2) (a) (I) Each member of the association is entitled to vote in the election of directors on the board of directors. In the case of a joint membership, any one joint member may cast the vote for the membership. A member may vote in person at a meeting held for such purpose, by mail, or by electronic means if authorized by the association's bylaws. A member who has voted by mail or by electronic means is not entitled to vote at the meeting.

(II) Mail voting must be in writing on ballots provided by the association. The mail ballot shall be voted by the member, deposited in a return envelope, which must be signed by the voting member, and mailed back to the association or to an independent third party with whom the association has contracted for the storage and counting of ballots in accordance with subsection (2)(c) of this section. For the ballot of a joint membership, the ballot envelope mailed to the joint member must include the name of each eligible voter. Any one of the joint members may cast the ballot. The joint member who casts the ballot shall sign the return envelope.

(III) An association may provide a secrecy sleeve or inner envelope to conceal the markings on a mail ballot in the return envelope. A mail ballot returned in a signed return envelope but without the markings concealed is nonetheless valid and shall be counted.

(b) The order of names on the ballot shall be determined randomly in a manner that does not automatically assign the top line to the incumbent.

(c) The board of directors shall, when practicable, arrange for an independent third party to oversee the storage and counting of ballots. If this is not practicable, then ballots shall be collected and stored in a manner that protects the privacy of their content. All candidates for the board of directors shall be given the opportunity to be present to observe the counting of the ballots; except that, if the association has contracted with an independent third party to collect and count ballots, the ballots must be delivered to the association under seal promptly after the count and, upon the request of any candidate, made available to the candidate for inspection.

(3) Voting for directors on the board of directors by proxy or cumulative voting is prohibited.

(4) Neither the association nor the board of directors shall endorse or oppose the candidacy of an incumbent board member or other candidate for a position on the board. During the two months immediately preceding the election, board members shall not send individual newsletters using the association's resources.
C.R.S. § 40-10.1-606 — CO Code / Title 40 / Article 10.1 / Part 6 / Section 40-10.1-606
40-10.1-606. Permit required for transportation network companies - annual permit fee - penal
Status: repealed

40-10.1-606. Permit required for transportation network companies - annual permit fee - penalty for violation - rules. (1) A person shall not operate a transportation network company in Colorado without first having obtained a permit from the commission.

(2) (a) Repealed.

(b) On and after January 1, 2024, the commission shall issue a permit to each transportation network company that meets the requirements of this part 6 and pays an annual permit fee to the commission in an amount that the commission sets administratively with approval of the executive director of the department of regulatory agencies and that does not exceed one hundred eleven thousand two hundred fifty dollars. Before increasing a permit fee pursuant to this subsection (2)(b), the commission shall notify transportation network companies in writing of the increased fee at least thirty days before the increased fee takes effect.

(c) The commission may adopt rules establishing different tiers of permit fees to be set administratively for distinct types of transportation network companies based on the commission's consideration of market factors, including:

(I) A transportation network company's market share in the areas in which it operates;

(II) The number of years that a transportation network company has operated in the state;

(III) Whether a newly formed transportation network company entering the market is:

(A) An affiliate or a subsidiary of an existing motor carrier;

(B) A taxicab company or shuttle company that has converted to a transportation network company pursuant to section 40-10.1-605 (1)(n); or

(C) A new entity that has not previously been a motor carrier and is not an affiliate or a subsidiary of a motor carrier; and

(IV) The transportation network company's ownership structure.

(d) In establishing different tiers of permit fees by rule pursuant to subsection (2)(c) of this section, the commission shall ensure that the revenue generated from all transportation network company permit fees approximates the direct and indirect costs of the commission in the supervision and regulation of transportation network companies.

(e) If the commission adopts rules to establish different tiers of permit fees by rule pursuant to subsection (2)(c) of this section, the commission shall publish the criteria that it used to establish the different tiers of permit fees on the commission's website.

(3) The commission shall determine the form and manner of application for a transportation network company permit.

(4) The commission may take action against a transportation network company as set forth in section 40-10.1-112, including issuing an order to cease and desist and suspending, revoking, altering, or amending a permit issued to the transportation network company.

(5) (a) For a violation of this part 6 or a failure to comply with a commission order, decision, or rule issued under this part 6, a transportation network company is subject to the commission's authority under sections 40-7-101, 40-7-112, 40-7-113, 40-7-115, and 40-7-116.

(b) The commission shall not assess a penalty against a driver.

(6) The commission may deny an application under this part 6 or refuse to renew the permit of a transportation network company based on a determination that the transportation network company has not satisfied a civil penalty arising out of an administrative or enforcement action brought by the commission.
C.R.S. § 40-6-120 — CO Code / Title 40 / Article 6 / Section 40-6-120
40-6-120. Temporary authority
Status: repealed

40-6-120. Temporary authority. (Repealed)
C.R.S. § 40-15-207 — CO Code / Title 40 / Article 15 / Part 2 / Section 40-15-207
40-15-207. Reclassification of services and products
Status: in_force

40-15-207. Reclassification of services and products. (1) (a) Notwithstanding any other provision of this title, upon its own motion or upon application by any person, the commission shall regulate, pursuant to part 3 of this article, specific telecommunications services regulated under this part 2 upon a finding that there is effective competition in the relevant market for such service and that such regulation under part 3 of this article 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:

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

(II) The number of other providers offering similar services in the relevant geographic area;

(III) The ability of consumers in the relevant geographic area 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; and

(V) Such other factors as the commission deems appropriate.

(c) In determining geographic areas under paragraph (b) of this subsection (1), the commission shall not be unduly restrictive.
C.R.S. § 40-4-103 — CO Code / Title 40 / Article 4 / Section 40-4-103
40-4-103. Increased transportation facilities prescribed
Status: in_force

40-4-103. Increased transportation facilities prescribed. Whenever the commission, after a hearing upon its own motion or upon complaint, finds that any common carrier does not run a sufficient number of trains or vehicles or does not possess or operate sufficient motive power to reasonably accommodate the traffic, whether passenger or freight, or both, transported by or offered to it for transportation, or does not run its trains or vehicles with sufficient frequency or at a reasonable or proper time having regard to safety, or does not stop the same at proper places or does not run any train or vehicle upon a reasonable time schedule for the run, the commission has the power to make an order directing any such common carrier to increase the number of its trains or of its vehicles or its motive power or to change the time of starting its train or vehicle or to change the time schedule for the run of any train or vehicle, or to change the stopping places thereof, or to make any other change the commission may determine to be reasonably necessary to accommodate and transport the traffic, whether passenger or freight, or both, transported or offered to it for transportation.
C.R.S. § 40-4-116 — CO Code / Title 40 / Article 4 / Section 40-4-116
40-4-116. Renewable resource generation development areas - task force - fund - definition
Status: repealed

40-4-116. Renewable resource generation development areas - task force - fund - definitions - repeal. (Repealed)
C.R.S. § 40-15-110 — CO Code / Title 40 / Article 15 / Part 1 / Section 40-15-110
40-15-110. Provision of regulated and deregulated service
Status: in_force

40-15-110. Provision of regulated and deregulated service. Nothing in this article shall be construed to preclude a single entity from offering and providing services under parts 2, 3, and 4 of this article.
C.R.S. § 40-10.1-502 — CO Code / Title 40 / Article 10.1 / Part 5 / Section 40-10.1-502
40-10.1-502. Permit requirements - issuance by ports of entry
Status: in_force

40-10.1-502. Permit requirements - issuance by ports of entry. (1) (a) A person shall not operate or offer to operate as a mover in intrastate commerce pursuant to this article, or advertise services as a mover, without first having obtained a permit from the commission in accordance with this part 5.

(b) A mover shall annually apply for a permit under this part 5 to the commission in such form and with such information as the commission may require.

(2) The commission may deny an application under this part 5 or refuse to renew the permit of any mover based upon a determination that the mover, or any of its directors, officers, owners, or general partners has not satisfied a civil penalty arising out of any administrative or enforcement action brought by the commission.

(3) Except as otherwise provided in subsection (2) of this section and section 40-10.1-112 (4), the commission shall issue a permit to a mover upon completion of the application and compliance with the financial responsibility requirements of this article.

(4) A permit is not valid for a mover transacting business at any location other than those designated in its application unless the mover first notifies the commission in writing of any change of location. A permit issued under this section is not assignable, and the mover is not permitted to conduct business under more than one name except as shown on its permit. A mover desiring to change its name or location at a time other than upon renewal of a permit shall notify the commission of such change.

(5) (a) The Colorado state patrol may issue, through a port of entry weigh station created pursuant to article 8 of title 42, C.R.S., a temporary household goods mover permit. The temporary permit is valid for fifteen consecutive days and is not renewable. A mover or its successor who has been issued a temporary permit is not eligible for a subsequent temporary permit.

(b) A temporary permit shall not be approved until the applicant:

(I) Provides evidence of financial responsibility as required by section 40-10.1-107;

(II) Signs a verification, under penalty of perjury as specified in section 24-4-104 (13)(a), C.R.S., that the applicant meets the financial responsibility required by section 40-10.1-107; and

(III) Pays the fees required by section 40-10.1-111 (1)(e) and (1)(f). The Colorado state patrol shall transmit the fees to the state treasurer, who shall credit them to the public utilities commission motor carrier fund pursuant to section 40-10.1-111 (4).

(c) If a mover applied for and received a temporary permit pursuant to this subsection (5), the mover is not subject, during the period covered by the temporary permit, to a penalty for failure to have a permanent permit.
C.R.S. § 40-1.1-102 — CO Code / Title 40 / Article 1.1 / Section 40-1.1-102
40-1.1-102. Definitions
Status: in_force

40-1.1-102. Definitions. As used in this article, unless the context otherwise requires:

(1) "Charitable organization" means any charitable unit primarily supported by private donation and not for profit, including but not limited to churches, civic groups, clubs, scout troops, or the American red cross.

(2) "Nonprofit" as applied to people service transportation or volunteer transportation means motor vehicle transportation provided for purposes other than for pecuniary gain, whether or not compensation is paid in connection with such transportation.

(3) "People service agency" means any people service unit primarily supported by public funds and not for profit, such as clinics, day care centers, job programs, congregate meal centers, senior citizen programs, and other government funded bodies.

(4) "People service organization" means a people service agency or a charitable organization.

(5) "People service transportation" means motor vehicle transportation provided on a nonprofit basis by a people service organization generally for the purpose of transporting clients or program beneficiaries in connection with people service programs sponsored by the organization, or by another people service organization. The motor vehicle may be owned, leased, borrowed, or contracted for use by the people service organization.

(6) "Volunteer transportation" means motor vehicle transportation provided on a nonprofit basis by an individual, company, firm, partnership, agency, or corporation under the direction, sponsorship, or supervision of a people service organization. The volunteers may receive an allowance to defray the expected cost of operating the vehicle but may not receive compensation for their time.
C.R.S. § 40-1.1-101 — CO Code / Title 40 / Article 1.1 / Section 40-1.1-101
40-1.1-101. Legislative declaration
Status: in_force

40-1.1-101. Legislative declaration. In order to promote improved transportation for the elderly, for persons with disabilities, and for the residents of rural areas and small towns through an expanded and coordinated transportation network, the general assembly hereby declares it to be the policy of the state to legally define and to recognize people service transportation and volunteer transportation as separate but contributing components of the transportation system. Therefore, it is the policy of the state to remove barriers to low-cost people service transportation and volunteer transportation. For this purpose, transportation systems meeting the criteria prescribed in this article will not be classified as public utilities or as any form of carrier subject to regulation by the commission but as people service transportation and volunteer transportation subject to appropriate regulation and administration.
C.R.S. § 40-2-105 — CO Code / Title 40 / Article 2 / Part 1 / Section 40-2-105
40-2-105. Office - sessions - seal - supplies
Status: in_force

40-2-105. Office - sessions - seal - supplies. (1) The office of the commission shall be in the city and county of Denver. The office shall be open every day, legal holidays, Saturdays, and Sundays excepted. Hearings under this title may be held in such places within this state as shall be determined by the commission. It is the duty of the office of state planning and budgeting to provide suitable quarters for the commission and its employees.

(2) The commission shall have a seal bearing the following inscription: "The public utilities commission of the state of Colorado". The seal shall be affixed to all writs and authentications of copies of records and to such other instruments as the commission shall direct. All courts shall take judicial notice of said seal.

(3) Necessary expenses of the commission shall be paid from appropriations made by the general assembly to the commission.
C.R.S. § 40-10.1-607 — CO Code / Title 40 / Article 10.1 / Part 6 / Section 40-10.1-607
40-10.1-607. Fees - transportation network company fund - creation
Status: in_force

40-10.1-607. Fees - transportation network company fund - creation. The commission shall transmit all fees payable to and collected by the commission pursuant to this part 6 to the state treasurer, who shall credit the fees to the transportation network company fund, which is hereby created in the state treasury. The money in the fund is continuously appropriated to the commission for the purposes set forth in this part 6. All interest earned from the deposit and investment of money in the fund is credited to the fund. Any money not expended at the end of the fiscal year remains in the fund and does not revert to the general fund or any other fund.
C.R.S. § 40-9.5-116 — CO Code / Title 40 / Article 9.5 / Part 1 / Section 40-9.5-116
40-9.5-116. Investment in public-private transportation facilities
Status: repealed

40-9.5-116. Investment in public-private transportation facilities. (1) Notwithstanding any provision of law to the contrary, the board of directors of a cooperative electric association may consider investing in one or more of the following:

(a) Any public-private initiative with the department of transportation, as defined in section 43-1-1201 (3), C.R.S.;

(b) Bonds issued for turnpikes in accordance with part 2 of article 3 of title 43, C.R.S.;

(c) Repealed.

(d) Any other public-private initiative program for transportation system projects in Colorado authorized by law.

(2) The board of directors of a cooperative electric association may give preference to the investments described in subsection (1) of this section if such investments are in the interest of the cooperative electric association's members and are consistent with sound investment policy.
C.R.S. § 40-15-507 — CO Code / Title 40 / Article 15 / Part 5 / Section 40-15-507
40-15-507. Funding and appropriations - telecommunications policy development fund - creati
Status: repealed

40-15-507. Funding and appropriations - telecommunications policy development fund - creation - repeal. (Repealed)
C.R.S. § 40-15-306 — CO Code / Title 40 / Article 15 / Part 3 / Section 40-15-306
40-15-306. IntraLATA interexchange services
Status: repealed

40-15-306. IntraLATA interexchange services. (Repealed)
C.R.S. § 40-8.7-105.5 — CO Code / Title 40 / Article 8.7 / Section 40-8.7-105.5
40-8.7-105.5. Energy assistance system benefit charge - repeal
Status: repealed

40-8.7-105.5. Energy assistance system benefit charge - repeal. (1) (a) On and after October 1, 2021, and except as provided in section 40-8.7-104 (2.5)(b), each investor-owned energy utility shall include on its customers' monthly bills a flat energy assistance system benefit charge that a customer is assessed to help finance the low-income energy assistance program.

(b) (I) Except as provided in subsections (1)(b)(II) and (1)(b)(III) of this section, the monthly energy assistance system benefit charge is seventy-five cents for electric service provided and seventy-five cents for natural gas service provided.

(II) Repealed.

(III) Commencing October 1, 2023, the monthly energy assistance system benefit charge shall be adjusted in accordance with changes in the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its successor index.

(2) Each investor-owned utility shall use the most cost-effective method for implementing the program.

(3) This section is repealed, effective January 1, 2029.
C.R.S. § 40-8.7-104.3 — CO Code / Title 40 / Article 8.7 / Section 40-8.7-104.3
40-8.7-104.3. Water assistance program - creation - water assistance contribution
Status: in_force

40-8.7-104.3. Water assistance program - creation - water assistance contribution. (1) (a) On and after September 7, 2021, a water utility doing business in Colorado may participate in a water assistance program created and managed by the organization to provide water utility bill payment assistance to low-income households. A water utility's voluntary participation in the water assistance program will provide a water utility customer with an opportunity to make an optional contribution on the customer's monthly or quarterly remittance device on the water utility billing statement.

(b) (I) A water utility participating in the water assistance program shall provide the opportunity for its customers to donate the contribution described in subsection (1)(a) of this section in accordance with the check-off mechanism set forth in section 40-8.7-105 (2).

(II) Section 40-8.7-105 (1), (3), (4), and (5) does not apply to a water utility's participation in the water assistance program.

(2) A water utility may create its own water assistance program to meet its customers' water assistance needs. In determining eligibility for assistance, a water utility may adopt the criteria specified in section 40-3-106 (1)(d) or alternative criteria as determined by the water utility.

(3) A water utility participating in the organization's water assistance program pursuant to subsection (1) of this section or creating its own water assistance program pursuant to subsection (2) of this section may seek reimbursement for any reasonable costs that it incurs in connection with the program, including initial costs of setting up the collection mechanism and reformatting its billing systems to solicit an optional contribution.

(4) The organization shall use the money collected from each water utility pursuant to this section to help finance direct water utility bill payment assistance to low-income households served by that water utility.
C.R.S. § 40-5-101 — CO Code / Title 40 / Article 5 / Section 40-5-101
40-5-101. New construction - extension - compliance with local zoning rules
Status: in_force

40-5-101. New construction - extension - compliance with local zoning rules. (1) (a) A public utility shall not begin the construction of a new facility, plant, or system or the extension of its facility, plant, or system without first obtaining from the commission a certificate that the present or future public convenience and necessity require, or will require, the construction or extension. For purposes of this subsection (1), the present or future public convenience and necessity does not include the consideration of land use rights or siting issues related to the location or alignment of the proposed electric transmission lines or associated facilities, which issues are under the jurisdiction of a local government's land use regulation. Sections 40-5-101 to 40-5-104 do not require a corporation to secure a certificate for the following:

(I) An extension within any city and county, city, or town within which it has already lawfully commenced operations;

(II) An extension into territory, either within or outside of a city and county, city, or town, contiguous to its facility, line, plant, or system and not already served by a public utility providing the same commodity or service; or

(III) An extension within or to territory already served by the corporation, as is necessary in the ordinary course of its business.

(b) If a public utility, in constructing or extending its line, plant, or system, interferes, or is about to interfere, with the operation of the line, plant, or system of any other public utility already constructed, the commission, upon complaint of the public utility claiming to be injuriously affected, after hearing, may prohibit the construction or extension or prescribe just and reasonable terms and conditions for the location of the lines, plants, or systems affected.

(2) Whenever the commission, after a hearing upon its own motion or upon complaint, finds that there is or will be a duplication of service by public utilities in any area, the commission may issue a certificate of public convenience and necessity assigning specific territories to one or to each of said utilities or, by certificate of public convenience and necessity, otherwise define the conditions of rendering service and constructing extensions within those territories and may order the elimination of the duplication upon such terms as are just and reasonable, having due regard to due process of law and to all the rights of the respective parties and to public convenience and necessity.

(3) Except as otherwise provided in section 29-20-108, C.R.S., a public utility shall not construct or install a new facility, plant, or system within the territorial boundaries of a local government unless the construction or installation complies with the local government's zoning rules, resolutions, or ordinances. Nothing in this subsection (3) prohibits a local government from granting a variance from its zoning rules, resolutions, or ordinances for such uses of the property. Nothing in this subsection (3) grants the commission any additional authority to restrict a siting application. For purposes of this section, "local government" means a county, home rule or statutory city, town, territorial charter city, or city and county. Nothing in this subsection (3) restricts the right of a public utility or power authority to appeal to the public utilities commission a local government action under section 29-20-108, C.R.S.

(4) (a) A public utility is entitled to recover, through a separate rate adjustment clause, the costs that it prudently incurs in planning, developing, and completing the construction or expansion of transmission facilities for which the utility has been granted a certificate of public convenience and necessity, or for which the commission has determined that no certificate of public convenience and necessity is required. The transmission rate adjustment clause is subject to annual changes, which are effective on January 1 of each year.

(b) To provide additional encouragement to utilities to pursue the construction and expansion of transmission facilities, the commission shall approve current recovery by the utility through the annual rate adjustment clause of the utility's weighted average cost of capital, including its most recently authorized rate of return on equity, on the total balance of construction work in progress related to such transmission facilities as of the end of the immediately preceding year. The rate adjustment clause shall be reduced to the extent that the prudently incurred costs being recovered through the adjustment clause have been included in the public utility's base rates as a result of the commission's final order in a rate case.
C.R.S. § 40-20-306 — CO Code / Title 40 / Article 20 / Part 3 / Section 40-20-306
40-20-306. Emergency notifications
Status: in_force

40-20-306. Emergency notifications. (1) Within thirty minutes after discovering an emergency involving a train, unless communication is impossible, the railroad operating the train shall notify the state's watch center of the emergency by telephone or another agreed-upon method of communication to ensure that authorities can respond swiftly and appropriately. Emergency conditions that require a railroad to provide such notice include:

(a) Release of any hazardous material;

(b) Death of any individual;

(c) Injury to any individual that requires medical treatment in addition to first aid;

(d) Any fire or risk of fire; and

(e) Property damage amounting to fifty thousand dollars or more.

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

(a) Details about the nature and severity of the emergency, such as the type of incident, the location of the incident, the potential hazards involved, and any immediate actions taken or required;

(b) The extent of the impact of the emergency, including any injuries, fatalities, property damage, or environmental damage;

(c) Impacts on other surface transportation, including blocked roadways;

(d) If the emergency involves the transportation of hazardous materials, specific information about the materials involved, their quantities, and any potential risks to public safety or the environment;

(e) Response actions taken to mitigate the emergency;

(f) Requests for assistance, including evacuations, containment, and additional resources; and

(g) Any immediate coordination efforts that have taken place with local authorities.

(3) After providing the emergency notification described in subsection (1) of this section, a railroad shall submit follow-up reports to the commission and coordinate response efforts.

(4) A railroad that provides a notification described in subsection (1) of this section shall also notify the community rail safety advisory committee and the rail industry safety advisory committee of the incident within thirty days after providing the notification described in subsection (1) of this section.
C.R.S. § 40-6-124 — CO Code / Title 40 / Article 6 / Section 40-6-124
40-6-124. Disqualification
Status: in_force

40-6-124. Disqualification. (1) Commissioners and presiding administrative law judges shall disqualify themselves in any proceeding in which their impartiality may reasonably be questioned, including, but not limited to, instances in which they:

(a) Have a personal bias or prejudice concerning a party;

(b) Have served as an attorney or other representative of any party concerning the matter at issue, or were previously associated with an attorney who served, during such association, as an attorney or other representative of any party concerning the matter at issue;

(c) Know that they or any member of their family, individually or as a fiduciary, has a financial interest in the subject matter at issue, is a party to the proceeding, or otherwise has any interest that could be substantially affected by the outcome of the proceeding; or

(d) Have engaged in conduct which conflicts with their duty to avoid the appearance of impropriety or of conflict of interest.
C.R.S. § 40-4-111 — CO Code / Title 40 / Article 4 / Section 40-4-111
40-4-111. Uniform system of accounts prescribed
Status: in_force

40-4-111. Uniform system of accounts prescribed. The commission has power to establish a system of accounts to be kept by all public utilities, or to classify said public utilities and to establish a system of accounts for each class, and to prescribe the manner in which such accounts shall be kept. It may also in its discretion prescribe the forms of accounts, records, and memoranda to be kept by such public utilities, including the accounts, records, and memoranda of the movement of traffic as well as the receipts and expenditures of moneys and any other forms, records, and memoranda that in the judgment of the commission may be necessary to carry out the provisions of articles 1 to 7 of this title. The system of accounts established by the commission and the forms of accounts, records, and memoranda prescribed by it shall not be inconsistent in the case of corporations subject to the provisions of the federal "Interstate Commerce Act", Part I, 49 U.S.C., sec. 1 et seq., with the systems and forms from time to time established for such corporations by the surface transportation board; but nothing contained in this section shall affect the power of the commission to prescribe forms of accounts, records, and memoranda covering information in addition to that required by the surface transportation board. The commission, after hearing upon its own motion or upon complaint, may prescribe by order the accounts in which particular outlays and receipts shall be entered, charged, or credited. Where the commission has prescribed the forms of accounts, records, or memoranda to be kept by any public utility for any of its business, it shall thereafter be unlawful for such public utility to keep any accounts, records, or memoranda for such business other than those so prescribed, or those prescribed by or under the authority of any other state or of the United States, excepting such accounts, records, or memoranda as are explanatory of and supplemental to the accounts, records, or memoranda prescribed by the commission.
C.R.S. § 40-29-101 — CO Code / Title 40 / Article 29 / Section 40-29-101
40-29-101. Switch lights
Status: in_force

40-29-101. Switch lights. Any railroad or railway company owning or operating within this state any line or branch of railroad connecting with any main line of railroad by means of a switch shall provide such switch with a reflector signal or with a suitable light such as is commonly used for such purposes and, if a light is provided, shall keep the same lighted from sunset on each and every calendar day of the year until sunrise on the following day.
C.R.S. § 40-7-115 — CO Code / Title 40 / Article 7 / Section 40-7-115
40-7-115. Each day a separate offense
Status: in_force

40-7-115. Each day a separate offense. Each day in which a person violates any statute, rule, or order of the commission for which a civil penalty may be imposed under section 40-7-113 or 40-7-113.5 may constitute a separate offense.
C.R.S. § 40-1.1-103 — CO Code / Title 40 / Article 1.1 / Section 40-1.1-103
40-1.1-103. Classification of transportation
Status: in_force

40-1.1-103. Classification of transportation. People service transportation and volunteer transportation, as defined in section 40-1.1-102, shall be classified as such for purposes of regulation, insurance, and general administration.
C.R.S. § 40-10.1-601 — CO Code / Title 40 / Article 10.1 / Part 6 / Section 40-10.1-601
40-10.1-601. Short title
Status: in_force

40-10.1-601. Short title. This article shall be known and may be cited as the "Transportation Network Company Act".
C.R.S. § 40-15-303 — CO Code / Title 40 / Article 15 / Part 3 / Section 40-15-303
40-15-303. Transfer of certificate
Status: in_force

40-15-303. Transfer of certificate. Any certificate of public convenience and necessity issued pursuant to this part 3 may be sold, assigned, leased, encumbered, or transferred as other property only upon authorization by the commission.
C.R.S. § 40-27-108 — CO Code / Title 40 / Article 27 / Section 40-27-108
40-27-108. Notification of owner and claim agent
Status: in_force

40-27-108. Notification of owner and claim agent. (1) Upon receipt of the information from any authorized stock inspector of the killing or wounding of any animal by any railroad company or by its engine, cars, or trains, it is the duty of the secretary of the state board of stock inspection commissioners to notify the owner of said animal so killed or injured, informing him of the facts and the estimated value placed upon said animal by the stock inspector, and he shall also send a copy of this report to the claim agent or other authorized official of the railway company responsible for said killing or injuring.

(2) Should the secretary be unable to determine from the description furnished by the stock inspector the owner or probable owner of such animal so killed or injured, he shall cause an advertisement to be placed in a newspaper published in the county where said killing or wounding occurred, describing the animal so killed or injured, giving the marks or brands appearing on said animal, if any, and notifying the owner to appear within six months of the date of such killing or injuring and make claim for said animal. Said advertisement shall appear for two consecutive weeks. The cost of such advertisement shall be paid out of the brand inspection fund of the state board of stock inspection commissioners and shall be deducted from the amount of damages that may be awarded against the railway company or corporation. Should no claim be made for any animal so advertised, the cost of such advertising shall be paid by the railroad company responsible for such killing or injuring and shall be deposited in the brand inspection fund of said board.
C.R.S. § 40-15-509 — CO Code / Title 40 / Article 15 / Part 5 / Section 40-15-509
40-15-509. Transfer of certificate
Status: in_force

40-15-509. Transfer of certificate. Any certificate of public convenience and necessity to provide local exchange service may be sold, assigned, leased, encumbered, or transferred as other property only upon authorization by the commission.
C.R.S. § 40-6.5-104 — CO Code / Title 40 / Article 6.5 / Section 40-6.5-104
40-6.5-104. Representation by the director - powers of the office
Status: in_force

40-6.5-104. Representation by the director - powers of the office. (1) The director shall represent the public interest and, to the extent consistent therewith, the specific interests of residential consumers, agricultural consumers, and small business consumers by appearing in proceedings before the commission and appeals therefrom in matters that involve proposed changes in a public utility's rates and charges; in matters involving rule-making that have an impact on the charges, the provision of services, or the rates to consumers; and in matters that involve certificates of public convenience and necessity for facilities employed in the provision of utility service, the construction of which would have a material effect on the utility's rates and charges.

(2) In determining whether to appear in a proceeding of the commission, the director shall consider the importance and the extent of the public interest involved. In evaluating the public interest, including the impact on rates and charges to consumers, the director shall give due consideration to statutory decarbonization goals set forth in sections 25-7-102 (2)(g) and 40-2-125.5 (3), just transition in accordance with section 40-2-133, environmental justice, and the short- and long-term effect of the proceedings upon various classes of consumers, so as not to jeopardize the interest of one class in an action by another. If the director determines that there may be inconsistent interests among the various classes of the consumers that the director represents in a particular matter, the director may choose to represent one of the interests or to represent no interest. Nothing in this section limits the right of any person to petition or make complaint to the commission or otherwise intervene in proceedings or other matters before the commission.

(3) The director shall be served with notices of all proposed gas and electric tariffs, and the director shall be served with copies of all orders of the commission affecting the charges of agricultural consumers, residential consumers, and small business consumers.

(4) The office may intervene in matters before the commission that relate to a telecommunications service proceeding, including a rule-making proceeding, that has an impact on the provision or quality of telecommunications service.

(5) The office shall not recommend that the commission take any action that would interfere with the administration or determination of employees' wages, health insurance, or retirement benefits negotiated between a regulated utility and a labor union through collective bargaining.
C.R.S. § 40-9.5-203 — CO Code / Title 40 / Article 9.5 / Part 2 / Section 40-9.5-203
40-9.5-203. Service rights and facilities of cooperative electric associations within munici
Status: in_force

40-9.5-203. Service rights and facilities of cooperative electric associations within municipalities or within areas to be annexed by municipalities which own and operate electric utilities. (1) Notwithstanding any provision to the contrary, if a cooperative electric association has certificated service territory within a municipality which after May 27, 1986, commences operation of its own electric utility or has certificated service territory within an area annexed after May 27, 1986, by a municipality which owns and operates an electric utility, the municipality shall pay just compensation for the electric distribution facilities of the cooperative electric association located within the territory, together with the association's certificate of public convenience and necessity constituting its rights to serve such territory.

(2) No later than thirty days prior to final action on each annexation ordinance, the municipality shall notify the affected cooperative electric association in writing of the boundaries of the municipality or the annexed area within which certificated service territory of the association is included and shall indicate such boundaries or area on appropriate maps.
C.R.S. § 40-9-106 — CO Code / Title 40 / Article 9 / Section 40-9-106
40-9-106. Transportation of livestock - not less than ten miles per hour
Status: in_force

40-9-106. Transportation of livestock - not less than ten miles per hour. Every common carrier in this state must transport livestock from the initial point of shipment in this state to the point of destination in this state at an average rate of speed of not less than ten miles an hour and within such time, from the hour of loading at the initial point to the hour of arrival at the destination, that the point of destination shall be reached in not more than one-tenth as many hours as there were miles required to be traveled in the transportation of such shipment; except only that necessary stops of reasonable duration for feeding purposes, when required by the length of the journey, or necessary and imperative delays caused only by an act of God or inevitable accident shall not be computed in determining such minimum requirements as to speed.
C.R.S. § 40-3-119 — CO Code / Title 40 / Article 3 / Section 40-3-119
40-3-119. Measurement of use for billing - rules
Status: in_force

40-3-119. Measurement of use for billing - rules. After January 1, 2023, an investor-owned gas utility, at its discretion, may apply to the commission for approval to measure the amount of use for billing purposes in either fuel commodity units or for energy services provided. Upon receipt of the utility's application, the commission shall approve, deny, or modify the utility's application for measurement of use for billing purposes pursuant to this section.
C.R.S. § 40-17.5-101 — CO Code / Title 40 / Article 17.5 / Section 40-17.5-101
40-17.5-101. Definitions
Status: in_force

40-17.5-101. Definitions. As used in this article 17.5, unless the context otherwise requires:

(1) "988" means the three-digit abbreviated dialing code used to report a behavioral health crisis.

(2) "988 access connection" means any communications service including wireline, wireless cellular, interconnected voice over internet protocol, or satellite in which connections are enabled, configured, or capable of making 988 calls. "988 access connection" does not include facilities-based broadband services. The number of 988 access connections is determined by the configured capacity for simultaneous outbound calling. For example, for a Digital Signal-1 (DS-1) level service or equivalent that is channelized and split into separate channels for voice communications, the number of 988 access connections would be equal to the number of channels capable of making simultaneous calls.

(3) "988 crisis hotline enterprise" or "enterprise" means the 988 crisis hotline enterprise created in section 27-64-103.

(4) "988 surcharge" or "surcharge" means the 988 surcharge imposed by the 988 crisis hotline enterprise pursuant to section 27-64-103 (4)(a).

(5) "Commission" or "public utilities commission" means the public utilities commission of the state of Colorado created in section 40-2-101.

(6) "Consumer" means a person who purchases prepaid wireless telecommunications service in a retail transaction.

(7) "Department" means the department of revenue.

(8) "Person" means any individual; firm; partnership; copartnership; joint venture; association; cooperative organization; corporation, either municipal or private and organized for profit or not; governmental agency; state; county or city and county; political subdivision; state department; commission; board; bureau, fraternal organization, nonprofit organization, estate, trust, business or common law trust, receiver, assignee for the benefit of creditors, trustee, or trustee in bankruptcy; or any other service user.

(9) "Prepaid wireless 988 charge" or "charge" means the charge imposed by the 988 crisis hotline enterprise pursuant to section 27-64-103 (4)(b).

(10) "Retail transaction" means the purchase of prepaid wireless telecommunications service from a seller for any purpose other than resale.

(11) "Seller" means a person who sells prepaid wireless telecommunications services to another person.

(12) "Service supplier" means a person providing 988 access connections to any service user in the state, either directly or by resale.

(13) "Service user" means a person who is provided a 988 access connection in the state.
C.R.S. § 40-43-102 — CO Code / Title 40 / Article 43 / Section 40-43-102
40-43-102. Legislative declaration
Status: in_force

40-43-102. Legislative declaration. (1) The general assembly finds that:

(a) Maintaining electric reliability and resource adequacy in the transition to clean energy is of great importance to Colorado and its electricity customers;

(b) The development of a comprehensive resource adequacy reporting structure for all wholesale and retail load-serving entities will help position Colorado utilities for entry into an optimal organized wholesale market, as defined in section 40-5-108 (1)(a), that will increase the efficient and cost-effective use of capacity resources and enable resource adequacy across a broader footprint throughout the state;

(c) The North American Electric Reliability Corporation has identified resource adequacy and energy risks in the western interconnection of the electric power grid; and

(d) Colorado can begin to address these risks by adding resource adequacy reporting requirements for all load-serving entities to help measure the sufficiency of reliable and resilient electric service to all Colorado electricity customers.

(2) The general assembly declares that all load-serving entities in the state should be required to provide resource adequacy annual reports to the applicable regulatory oversight entity.
C.R.S. § 40-5-105 — CO Code / Title 40 / Article 5 / Section 40-5-105
40-5-105. Certificate or assets may be sold, assigned, or leased
Status: in_force

40-5-105. Certificate or assets may be sold, assigned, or leased. (1) The assets of any public utility, including any certificate of public convenience and necessity or rights obtained under any such certificate held, owned, or obtained by any public utility, may be sold, assigned, or leased as any other property, but only upon authorization by the commission and upon such terms and conditions as the commission may prescribe; except that this section does not apply to assets that are sold, assigned, or leased:

(a) In the normal course of business; or

(b) That are owned by a telecommunications service provider and:

(I) Are not used in the provision of regulated telecommunications services; or

(II) (A) Are land and support assets and are not directly used in the provision of regulated telecommunications services.

(B) A telecommunications service provider shall provide notice to the commission of transactions subject to this subparagraph (II), along with the associated accounting entries on the provider's books and records, to permit the commission to determine, if necessary, the disposition of any gain or loss from the transaction.
C.R.S. § 40-5-102 — CO Code / Title 40 / Article 5 / Section 40-5-102
40-5-102. Certificate of public convenience and necessity
Status: in_force

40-5-102. Certificate of public convenience and necessity. No public utility shall exercise any right or privilege under any franchise, permit, ordinance, vote, or other authority granted after April 12, 1913, or under any franchise, permit, ordinance, vote, or other authority granted before April 12, 1913, but not actually exercised before said date or the exercise of which has been suspended for more than one year without first having obtained from the commission a certificate that public convenience and necessity require the exercise of such right or privilege. When the commission finds, after hearing, that a public utility has, before April 12, 1913, begun actual construction work and is prosecuting such work, in good faith, uninterruptedly, and with reasonable diligence in proportion to the magnitude of the undertaking, under any franchise, permit, ordinance, vote, or other authority granted before April 12, 1913, but not actually exercised before said date, such public utility may proceed, under such rules and regulations as the commission may prescribe, to the completion of such work and after such completion, may exercise such right or privilege. Sections 40-5-101 to 40-5-104 shall not be construed to validate any right or privilege invalid on April 12, 1913, or becoming invalid after said date under any law of this state.
C.R.S. § 40-10.1-404 — CO Code / Title 40 / Article 10.1 / Part 4 / Section 40-10.1-404
40-10.1-404. Repeal of part - subject to review
Status: repealed

40-10.1-404. Repeal of part - subject to review. (1) This part 4 is repealed, effective September 1, 2030. Before the repeal, this part 4 is scheduled for review in accordance with section 24-34-104 and subsection (2) of this section.

(2) In conducting its review in accordance with section 24-34-104 (5) and in considering the factors set forth in section 24-34-104 (6)(b), the department of regulatory agencies shall consider the following in evaluating the performance of the commission with regard to regulating towing carriers:

(a) With regard to complaints filed with the commission about towing services:

(I) The number and nature of complaints filed each year; and

(II) How the commission handles the complaints and how the complaints are resolved; and

(b) Whether the towing industry and consumers would benefit from dispute resolution regarding complaints and whether such dispute resolution is being used in any other states.

(3) Repealed.
C.R.S. § 40-9.5-206 — CO Code / Title 40 / Article 9.5 / Part 2 / Section 40-9.5-206
40-9.5-206. Provisions on purchase nonexclusive - no effect on existing contracts
Status: in_force

40-9.5-206. Provisions on purchase nonexclusive - no effect on existing contracts. (1) Nothing contained in this part 2 shall prohibit a municipality and a cooperative electric association from buying, selling, or exchanging electric distribution facilities, service rights, and other rights, property, and assets by mutual agreement.

(2) Nothing in this part 2 shall impair the obligations of existing contracts.
C.R.S. § 40-10.1-108 — CO Code / Title 40 / Article 10.1 / Part 1 / Section 40-10.1-108
40-10.1-108. Commission to make safety rules
Status: in_force

40-10.1-108. Commission to make safety rules. (1) The commission has the authority and duty to establish, for motor carriers subject to parts 2, 3, and 7 of this article 10.1, reasonable rules to promote safety of operation.

(2) For the purpose of carrying out this section pertaining to safety, the commission may obtain the assistance of any agency of the United States or of this state having special knowledge of any matter necessary to promote the safety of operation and equipment of motor vehicles. In adopting such rules, the commission shall use as general guidelines the standards contained in the current rules and regulations of the United States department of transportation relating to safety regulations, qualifications of drivers, driving of motor vehicles, parts and accessories, recording and reporting of accidents, hours of service of drivers, and inspection and maintenance of motor vehicles.
C.R.S. § 40-20-110 — CO Code / Title 40 / Article 20 / Part 1 / Section 40-20-110
40-20-110. Title to equipment
Status: in_force

40-20-110. Title to equipment. In any written contract for the sale of railroad equipment or rolling stock, deliverable immediately or subsequently, at stipulated periods, by the terms of which the purchase money, in whole or in part, is to be paid in the future, it may be agreed that the title to the property so sold or contracted to be sold shall not pass to or vest in the vendee until the purchase money has been fully paid or that the vendor shall retain a lien thereon for the unpaid purchase money, notwithstanding delivery thereof to and possession by the vendee for a period not to exceed twenty-five years in any one contract, which terms shall be expressed in said contract; but the situs or location of all such property shall, for the purposes of taxation and revenue, be deemed to be within the state of Colorado.
C.R.S. § 40-3.5-104 — CO Code / Title 40 / Article 3.5 / Section 40-3.5-104
40-3.5-104. Changes in rates - notice and public hearing
Status: in_force

40-3.5-104. Changes in rates - notice and public hearing. (1) (a) No change shall be made by any municipal utility in any rate or charge or in any rule, regulation, or contract relating to or affecting any base rate, charge, or service, or in any privilege or facility, except after thirty days' notice to the public. Such notice shall be given by keeping open for public inspection new schedules stating plainly the changes to be made in the schedules then in force and the time when the changes will go into effect. In addition, such notice shall be given by publishing the proposed new schedule, or if that is impractical due to the size or bulk of the proposed new schedule, by publishing a notice of the availability of the proposed new schedule for public inspection, at least once in at least one newspaper of general circulation in the authorized service area at least thirty days and no more than sixty days prior to the date set for public hearing on and adoption of the new schedule.

(b) In addition to the notice provided for in paragraph (a) of this subsection (1), if a municipal utility serves customers who live outside the municipal corporate boundaries, notice of any change in any rate or charge or in any rule, regulation, or contract relating to or affecting any base rate, charge, or service or any change in any privilege or facility shall be given by mailing to such customer notification of any such change.

(2) The notice required by subsection (1) of this section shall also specify the date, time, and place at which the public hearing shall be held by the governing body of the municipal utility to consider the proposed new schedule. The notice shall specify that each municipal utility customer shall have the right to appear, personally or through counsel, at such hearing for the purpose of providing testimony regarding the proposed new schedule. Said public hearing shall be held on the date and time and at the place set forth in the notice; except that the governing body of the municipal utility may adjourn and reconvene said hearing as it deems necessary.

(3) The governing body of the municipal utility, for good cause shown, may allow changes without requiring the thirty days' notice and public hearing by an order specifying the changes to be made, the circumstances necessitating the change without requiring the thirty days' notice and public hearing, the time when the changes shall take effect, and the manner in which the changes shall be published.

(4) Insofar as municipal utilities establish rates, charges, and tariffs and any regulations pertaining thereto in accordance with the provisions of this article, any conflict shall be resolved by the commission in accordance with the procedures contained in article 6 of this title upon the filing of a complaint by no less than five percent of the affected electric or natural gas customers outside the corporate limits of the municipality or by five such customers, whichever number is greater. Any such complaint shall be filed with the commission within thirty days after the final decision by the governing body of the municipality to change a rate, charge, or tariff or any regulation pertaining thereto. If such complaint is heard by the commission and is deemed not frivolous, all reasonable costs as determined by the commission, including reasonable attorney fees, shall be paid by the utility. In any hearing conducted pursuant to the provisions of this section, the burden of proof shall be sustained by the municipal utility.
C.R.S. § 40-20-105 — CO Code / Title 40 / Article 20 / Part 1 / Section 40-20-105
40-20-105. Construction started within two years
Status: in_force

40-20-105. Construction started within two years. If any railway corporation, within two years after its articles of association have been filed and recorded, does not begin the construction of its road and expend thereon twenty percent of the amount of its capital within five years after the date of its organization, its corporate existence and power shall cease; but any such railway corporation at any time may reduce its capital stock in the manner and form provided by the laws of this state, and if twenty percent of the amount of its capital, as so reduced, has at any time been expended in good faith in the construction of its road, then its corporate existence and power shall not cease or be deemed to have ceased.
C.R.S. § 40-7-107 — CO Code / Title 40 / Article 7 / Section 40-7-107
40-7-107. Violations by corporations not public utilities - penalty
Status: in_force

40-7-107. Violations by corporations not public utilities - penalty. Every corporation other than a public utility which violates any provision of articles 1 to 7 of this title or which fails to obey, observe, or comply with any order, decision, rule, direction, demand, or requirement of the commission or any part or provision thereof, except an order for the payment of money, in a case in which a penalty has not been provided for such corporation is subject to a penalty of not more than two thousand dollars for each offense.
C.R.S. § 40-4-115 — CO Code / Title 40 / Article 4 / Section 40-4-115
40-4-115. Reliable electricity infrastructure - task force - repeal
Status: repealed

40-4-115. Reliable electricity infrastructure - task force - repeal. (Repealed)
C.R.S. § 40-8.5-107 — CO Code / Title 40 / Article 8.5 / Section 40-8.5-107
40-8.5-107. Disbursement of moneys
Status: in_force

40-8.5-107. Disbursement of moneys. The nonprofit corporation designated by the commission pursuant to section 40-8.5-104 shall disburse moneys to the state department of human services to make energy assistance payments on behalf of or to persons determined by the department to be eligible for such assistance in accordance with section 40-8.5-105.
C.R.S. § 40-9.5-112 — CO Code / Title 40 / Article 9.5 / Part 1 / Section 40-9.5-112
40-9.5-112. Provisions applicable to cooperative electric associations
Status: in_force

40-9.5-112. Provisions applicable to cooperative electric associations. (1) Except as otherwise provided in this part 1, the provisions of article 55 of title 7 shall apply to cooperative electric associations. In the case of any irreconcilable conflict between said article 55 and this part 1, this part 1 shall control.

(2) Notwithstanding any provision of article 55 of title 7, a cooperative electric association may authorize joint memberships in its bylaws.

(3) Section 40-4-105 shall apply to cooperative electric associations with respect to crossing of railroad rights-of-way.
C.R.S. § 40-10.1-112 — CO Code / Title 40 / Article 10.1 / Part 1 / Section 40-10.1-112
40-10.1-112. Commission may take action against certificate or permit
Status: in_force

40-10.1-112. Commission may take action against certificate or permit. (1) Except as specified in subsection (3) of this section, the commission, at any time, by order duly entered, after hearing upon notice to the motor carrier and upon proof of violation, may issue an order to cease and desist or may suspend, revoke, alter, or amend any certificate or permit issued to the motor carrier under this article for the following reasons:

(a) A violation of this article or of any term or condition of the motor carrier's certificate or permit;

(b) Exceeding the authority granted by a certificate or permit;

(c) A violation or refusal to observe any of the proper orders or rules of the commission;

(d) For a towing carrier, a violation of any of the provisions set forth in part 18 or 21 of article 4 of title 42, C.R.S., or a conviction, guilty plea, or plea of nolo contendere to a felony;

(e) For a mover, failure or refusal to abide by the terms of an arbitrator's award under section 40-10.1-507, or failure to satisfy the requirements for a new or renewed permit under section 40-10.1-502.

(2) Any person may file a complaint against a motor carrier for a violation of this article or a rule adopted under this article. The complainant may request any relief that the commission, in its authority, may grant, including an order to cease and desist, suspension or revocation of the motor carrier's certificate or permit, or assessment of civil penalties. Upon proof of violation, the commission may issue an order to cease and desist, suspend or revoke the motor carrier's certificate or permit, assess civil penalties as provided in article 7 of this title, or take any other action within the commission's authority. In assessing civil penalties under this subsection (2), the commission is not constrained by the procedural requirements of section 40-7-116.

(3) Notwithstanding the notice and hearing provisions of subsection (1) of this section, the commission shall summarily suspend the certificate or permit of any motor carrier for failure to maintain effective insurance or surety bond coverage and file evidence of the same in accordance with section 40-10.1-107 and rules adopted pursuant thereto. The commission shall reinstate such summarily suspended certificate or permit within a time period specified in, and in accordance with, the rules of the commission.

(4) A motor carrier whose certificate or permit has been revoked for cause more than twice is not eligible for another such certificate or permit for at least two years after the date of the third such revocation. In the case of an entity, the two-year period of ineligibility also applies to all principals, officers, and directors of the entity, whether or not any such principal, officer, or director applies individually or as a principal, officer, or director of the same or a different entity. As used in this subsection (4), "revoked for cause" does not include a revocation for failure to carry the required insurance unless it is shown that the person knowingly operated without insurance.

(5) Any commission action under subsection (1) or (2) of this section must conform to the provisions and procedures specified in article 6 of this title. The motor carrier has all the rights to the opportunity for a hearing, review, and appeal as to such order or ruling of the commission as are now provided by articles 1 to 7 of this title. No appeal from or review of any order or ruling of the commission supersedes or suspends such order or rulings unless specifically ordered by the proper court.
C.R.S. § 40-7-108 — CO Code / Title 40 / Article 7 / Section 40-7-108
40-7-108. Violations by individuals - penalty
Status: in_force

40-7-108. Violations by individuals - penalty. Every person who, either individually or acting as an officer, agent, or employee of a corporation other than a public utility, violates any provision of articles 1 to 7 of this title 40 or who fails to observe, obey, or comply with any order, decision, rule, direction, demand, or requirement of the commission or any part or portion thereof, or who procures, aids, or abets any such public utility in its violation of articles 1 to 7 of this title 40 or in its failure to obey, observe, or comply with any such order, decision, rule, direction, demand, or requirement or any part or portion thereof in a case in which a penalty has not been provided for such person commits a petty offense and shall be punished as provided in section 18-1.3-503.
C.R.S. § 40-15-104 — CO Code / Title 40 / Article 15 / Part 1 / Section 40-15-104
40-15-104. Powers of local government
Status: in_force

40-15-104. Powers of local government. Nothing in this article shall be construed to supersede any existing powers of a local government.
C.R.S. § 40-2-133 — CO Code / Title 40 / Article 2 / Part 1 / Section 40-2-133
40-2-133. Workforce transition planning filing - definition
Status: in_force

40-2-133. Workforce transition planning filing - definition. (1) A qualifying retail utility regulated by the commission that submits a filing, including a resource plan or application, that includes a proposed accelerated retirement of an electric generating facility shall also include a workforce transition plan as part of its filing.

(2) To the extent practicable, a workforce transition plan must include estimates of:

(a) The number of workers employed by the qualifying retail utility or a contractor of the qualifying retail utility at the electric generating facility, which number must include all workers that directly deliver fuel to the electric generating facility;

(b) The total number of workers whose existing jobs, as a result of the retirement of the electric generating facility:

(I) Will be retained; and

(II) Will be eliminated;

(c) With respect to the workers whose existing jobs will be eliminated due to the retirement of the electric generating facility, the total number and the number by job classification of workers:

(I) Whose employment will end without them being offered other employment;

(II) Who will retire as planned, be offered early retirement, or leave on their own;

(III) Who will be retained by being transferred to other electric generating facilities or offered other employment by the qualifying retail utility; and

(IV) Who will be retained to continue to work for the qualifying retail utility in a new job classification; and

(d) If the qualifying retail utility is replacing the electric generating facility being retired with a new electric generating facility, the number of:

(I) Workers from the retired electric generating facility who will be employed at the new electric generating facility; and

(II) Jobs at the new electric generating facility that will be outsourced to contractors or subcontractors.

(3) 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. § 40-15-509.5 — CO Code / Title 40 / Article 15 / Part 5 / Section 40-15-509.5
40-15-509.5. Broadband service - report - broadband deployment board - broadband administrati
Status: repealed

40-15-509.5. Broadband service - report - broadband deployment board - broadband administrative fund - creation - definitions - rules - repeal. (Repealed)
C.R.S. § 40-24-101 — CO Code / Title 40 / Article 24 / Section 40-24-101
40-24-101. Street railway - consent necessary
Status: in_force

40-24-101. Street railway - consent necessary. Nothing in articles 20 to 33 of this title shall be construed to allow the construction of any street or other railroad or other structure or substructure for any purpose on, below, or elevated above the surface of the ground of any street or alley within the limits of any such city or town by any corporation or person without the consent of the local authorities of such city or town; but no such consent, however enacted or expressed, on any consideration whatever shall operate to relieve or protect any person or corporation constructing any such street or other railroad or structure or substructure against any claim for damages to private property which otherwise, without such consent, might be lawfully maintained against such person or corporation.
C.R.S. § 40-15-508 — CO Code / Title 40 / Article 15 / Part 5 / Section 40-15-508
40-15-508. Local exchange administration fund - repeal
Status: repealed

40-15-508. Local exchange administration fund - repeal. (Repealed)
C.R.S. § 40-27-111 — CO Code / Title 40 / Article 27 / Section 40-27-111
40-27-111. Owner declining estimate
Status: in_force

40-27-111. Owner declining estimate. Should any owner of any animal so killed or wounded by any railroad company decline to accept the estimated value of such animal or the estimated amount of such damage as fixed by the stock inspector or to submit the same to the arbitration of the said board, within six months he shall file sworn proof and affidavit of his claim with the station agent of such railroad company or corporation, and the railway company or corporation or the assignee or lessee thereof shall pay to such person delivering such demand the actual value of said animal if killed or the actual amount of damage if injured. If such claim for damages and such proof of ownership is not presented to the station agent of said railway company or corporation within six months of the date of such killing or injuring, it shall thereafter be forever barred.
C.R.S. § 40-18-101 — CO Code / Title 40 / Article 18 / Section 40-18-101
40-18-101. Definitions
Status: repealed

40-18-101. Definitions. As used in this article 18, unless the context otherwise requires:

(1) Repealed.

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

(3) "Rail fixed guideway system" means any light, heavy, or rapid rail system, monorail, inclined plane, funicular, trolley, or automated guideway used to transport passengers that is not regulated by the federal railroad administration. The term "rail fixed guideway system" does not include funiculars that are passenger tramways as defined in section 12-150-103 (5)(c) and are subject to the jurisdiction of the Colorado passenger tramway safety board created in section 12-150-104.

(4) "System safety program plan" means a document adopted by a transit agency that details its safety policies, objectives, responsibilities, and procedures.

(5) "System safety program standard" means a safety standard developed by the commission in conformance with 49 CFR 674, entitled "State Safety Oversight".

(6) "Transit agency" means an entity operating a rail fixed guideway system.
C.R.S. § 40-20-305 — CO Code / Title 40 / Article 20 / Part 3 / Section 40-20-305
40-20-305. Incident response requirements
Status: in_force

40-20-305. Incident response requirements. (1) (a) A railroad operating in Colorado that accommodates high-hazard flammable trains or high-hazard, high-consequence hazardous material shall coordinate with the department of public safety regarding emergency response and spill response capacity and planning. The railroad and the department of public safety shall coordinate regarding the adequacy of caches of equipment, supplies, and available staff to mitigate all hazards likely within the area covered by each cache, including consideration of:

(I) Fire suppression foam and foam systems;

(II) Absorbent materials and containment booms;

(III) Specialized leak mitigation and repair kits;

(IV) Chemical protective clothing;

(V) Personnel decontamination supplies;

(VI) Interoperable communication equipment; and

(VII) Response times.

(b) A railroad shall ensure that local and state first responders have access to the cached equipment necessary to respond to rail incidents.

(c) Resources described in this subsection (1) may be maintained:

(I) As partnerships with federal, state, county, or local agencies, including local fire departments and police departments; or

(II) Pursuant to contracts with other railroads or emergency response entities.

(2) Nothing in this section creates any duty for a local government; except that a local government may agree to assume duties delegated to the local government by a railroad.

(3) A railroad may partner with one or more counties or other regional entities to support regional hazardous materials teams and capabilities.

(4) Each railroad shall coordinate with the department of public safety to conduct at least two hazardous materials response tabletop exercises each year with other federal, regional, state, and local agencies, including at least one scenario involving derailment and release of crude oil or other flammable materials and at least one incident with derailment involving inhalation hazards.
C.R.S. § 40-33-109 — CO Code / Title 40 / Article 33 / Section 40-33-109
40-33-109. Right of action limited
Status: in_force

40-33-109. Right of action limited. No action shall be maintained under this article, unless commenced within the time period prescribed in section 13-80-102, C.R.S.
C.R.S. § 40-15-601 — CO Code / Title 40 / Article 15 / Part 6 / Section 40-15-601
40-15-601. Definitions
Status: in_force

40-15-601. Definitions. As used in this part 6, unless the context otherwise requires:

(1) "Attached facility" means a broadband facility, as defined in section 38-5.5-102 (2), or a broadband network or any portion of a broadband network, in each case located substantially:

(a) Aboveground and attached to an electric utility's electric service infrastructure; or

(b) Underground in an electric easement and existing before the delivery of notice pursuant to section 40-15-602 (2).

(2) "Broadband affiliate" means a commercial broadband supplier that is a separate legal entity from any electric utility but is controlled by, controls, or is under common control with an electric utility.

(3) "Commercial broadband service" means broadband service, as that term is defined in section 38-5.5-102 (1), or broadband internet service.

(4) (a) "Commercial broadband supplier" means:

(I) A provider of broadband internet service or an existing broadband provider, as that term is defined in section 38-5.5-102 (3), or a person that intends to provide broadband internet service or broadband service; or

(II) A person that directly or indirectly sells, leases, or otherwise transfers attached facilities or a right to install, operate, maintain, or use attached facilities for another person's provision of commercial broadband service or a person that intends to sell, lease, or otherwise transfer attached facilities or a right to install, operate, maintain, or use attached facilities.

(b) "Commercial broadband supplier" does not include an electric utility.

(5) "Electric easement" means a recorded or unrecorded easement, right-of-way under section 38-4-103 or otherwise, or similar right in or to real property, including prescriptive rights, no matter how acquired, held by an electric utility for the siting of electric service infrastructure or for the purpose of delivering electric service, regardless of whether:

(a) The easement or other right is exclusively for the provision of electric service or for use in connection with commercial broadband service, telecommunication service, or another purpose; or

(b) The electric utility or a commercial broadband supplier uses the easement or other right to provide commercial broadband service.

(6) "Electric utility" has the meaning set forth in section 40-42-102 (8); except that the term does not include an investor-owned utility, a municipally owned utility, or a municipally owned power authority.

(7) "Interest holder" means a property owner or other person with an interest in the real property upon which an electric easement is located.

(8) "Memorandum" means a written instrument that includes, at a minimum, the name and address of the electric utility, the date on which the notice was mailed, and the information required to be included in a notice under section 40-15-602 (2)(b)(III) and (2)(b)(IV).

(9) "Notice" means a written letter substantially complying with the requirements set forth in section 40-15-602 (2)(b), which notice shall be deemed delivered on the date postmarked or otherwise time stamped.

(10) "Person" has the meaning set forth in section 40-1-102 (10).

(11) "Property owner" means a person with a recorded fee simple interest in real property upon which an electric easement is located.

(12) "Request for notice" means a written instrument recorded by an interest holder in compliance with the requirements set forth in section 40-15-602 (2)(c).
C.R.S. § 40-2-120 — CO Code / Title 40 / Article 2 / Part 1 / Section 40-2-120
40-2-120. Rail transportation policy
Status: in_force

40-2-120. Rail transportation policy. In regulating rail carriers, the state of Colorado hereby adopts the rail transportation policy of 49 U.S.C. sec. 10101; except that the references therein to the United States government and its agencies shall refer to the state of Colorado and its agencies.
C.R.S. § 40-43-103 — CO Code / Title 40 / Article 43 / Section 40-43-103
40-43-103. Definitions
Status: in_force

40-43-103. Definitions. As used in this article 43, unless the context otherwise requires:

(1) "Accredited capacity" means the capacity value given to a particular resource based on nameplate capacity and the effective load-carrying capability that is applicable to the resource, as identified and explained by the load-serving entity in its resource adequacy annual report.

(2) "Colorado energy office" means the Colorado energy office created in section 24-38.5-101 (1).

(3) "Commission" means the public utilities commission created in section 40-2-101 (1).

(4) (a) "Load-serving entity" means an entity with a load-serving obligation.

(b) "Load-serving entity" includes:

(I) A cooperative electric association, as defined in section 40-9.5-102 (1), that has voted to exempt itself from commission jurisdiction pursuant to article 9.5 of this title 40;

(II) A joint action agency established pursuant to law; and

(III) A municipal utility.

(c) "Load-serving entity" does not include a renewable energy generation facility exempt from regulation as a public utility pursuant to section 40-1-103 (2)(c).

(5) "Load-serving obligation" means an obligation to:

(a) Provide retail energy, capacity, or ancillary services to serve electric customer load; or

(b) Provide wholesale electricity to an entity obligated to provide retail energy, capacity, or ancillary services to serve electric customer load.

(6) (a) "Planning reserve margin" means the projected amount of additional generating capacity available on an annual basis, above forecasted weather-normalized loads, to cover future uncertainties such as temperature variations and resource outages.

(b) "Planning reserve margin" is reflected as a fraction that is calculated by subtracting firm peak demand from the sum of accredited capacity and dividing the resulting number by the firm peak demand.

(7) (a) "Regulatory oversight entity" means the entity responsible for approving the electric resource plans or the retail or wholesale rates of a load-serving entity with respect to a load located in the state.

(b) "Regulatory oversight entity" includes:

(I) The applicable city council or governing board for a municipal utility or a joint action agency established pursuant to law;

(II) The governing board for a cooperative electric association; and

(III) The commission for a public utility.

(c) If a load-serving entity does not have an applicable regulatory oversight entity, the load-serving entity's regulatory oversight entity for the purposes of this article 43 is the commission.

(8) "Resource adequacy annual report" means an annual report that a load-serving entity is required to provide to the applicable regulatory oversight entity pursuant to section 40-43-104.

(9) "Resource adequacy reporting period" means a period of at least five consecutive years beginning in the year following the year in which a load-serving entity provides its resource adequacy annual report.
C.R.S. § 40-41-111 — CO Code / Title 40 / Article 41 / Section 40-41-111
40-41-111. CO-EI bonds - legal investments - not public debt - pledge of state
Status: in_force

40-41-111. CO-EI bonds - legal investments - not public debt - pledge of state. (1) Banks, trust companies, savings and loan associations, insurance companies, executors, administrators, guardians, trustees, and other fiduciaries may legally invest any money within their control in CO-EI bonds. Public entities, as defined in section 24-75-601 (1), may invest public funds in CO-EI bonds only if the CO-EI bonds satisfy the investment requirements established in part 6 of article 75 of title 24.

(2) CO-EI bonds issued as authorized by a financing order are not debt of or a pledge of the faith and credit or taxing power of the state, any agency of the state, or any county, municipality, or other political subdivision of the state. Holders of CO-EI bonds have no right to have taxes levied by the state or by any county, municipality, or other political subdivision of the state for the payment of the principal or interest on CO-EI bonds. The issuance of CO-EI bonds does not directly, indirectly, or contingently obligate the state or a political subdivision of the state to levy any tax or make any appropriation for payment of principal or interest on the CO-EI bonds.

(3) (a) The state pledges to and agrees with holders of CO-EI bonds, any assignee, and any financing parties that the state will not:

(I) Take or permit any action that impairs the value of CO-EI property; or

(II) Reduce, alter, or impair CO-EI charges, except through application of the adjustment mechanism, that are imposed, collected, and remitted for the benefit of holders of CO-EI bonds, any assignee, and any financing parties, until any principal, interest, and redemption premium payable on CO-EI bonds, all financing costs, and all amounts to be paid to an assignee or financing party under an ancillary agreement are paid in full.

(b) A person who issues CO-EI bonds may include the pledge specified in subsection (3)(a) of this section in the CO-EI bonds, ancillary agreements, and documentation related to the issuance and marketing of the CO-EI bonds.
C.R.S. § 40-2-130 — CO Code / Title 40 / Article 2 / Part 1 / Section 40-2-130
40-2-130. Distributed resources - energy storage systems - definitions - legislative decla
Status: in_force

40-2-130. Distributed resources - energy storage systems - definitions - legislative declaration - rules. (1) Legislative declaration. (a) The general assembly finds and determines that:

(I) Colorado's economy, as well as the health and safety of its residents, depends on a reliable and efficient supply of electricity; and

(II) The threat of interruptions in electric supply due to weather, malicious interference, or malfunctions in centralized generation and transmission facilities makes distributed resources, including energy storage systems paired with other distributed resources, an effective way for residents to provide their own reliable and efficient supply of electricity.

(b) Therefore, the general assembly declares that:

(I) It is in the public interest to limit barriers to the installation, interconnection, and use of customer-sited energy storage facilities in Colorado; and

(II) Colorado's consumers of electricity have a right to install, interconnect, and use energy storage systems on their property without the burden of unnecessary restrictions or regulations and without unfair or discriminatory rates or fees.

(2) Definitions. As used in this section, unless the context otherwise requires:

(a) "Energy storage system" means any commercially available, customer-sited system, including batteries and the batteries paired with on-site generation, that is capable of retaining, storing, and delivering energy by chemical, thermal, mechanical, or other means.

(b) "Utility" or "electric utility" means a qualifying retail utility, as described in section 40-2-124 (1); except that the term does not include a municipally owned utility or a cooperative electric association.

(3) Authority of commission - rules. The commission shall adopt rules allowing the installation, interconnection, and use of energy storage systems by customers of utilities. The commission shall incorporate the following principles into the rules:

(a) It is in the public interest to limit barriers to the installation, interconnection, and use of customer-sited energy storage systems in Colorado;

(b) Colorado's consumers of electricity have a right to install, interconnect, and use energy storage systems on their property without the burden of unnecessary restrictions or regulations and without discriminatory rates or fees;

(c) Utility approval processes and any required interconnection reviews of energy storage systems shall be simple, streamlined, and affordable for customers; and

(d) Utilities shall not require the installation of customer-sited meters in addition to a single net energy meter for the purposes of monitoring energy storage systems; except that the commission may authorize the requirement of metering for certain large energy storage systems, as determined by the commission.

(4) Nothing in this section alters or supersedes either:

(a) The principles of net metering as described in section 40-2-124; or

(b) Any existing electrical permit requirements or any licensing or certification requirements for installers, manufacturers, or equipment.
C.R.S. § 40-1.1-104 — CO Code / Title 40 / Article 1.1 / Section 40-1.1-104
40-1.1-104. Inapplicable laws and regulations
Status: in_force

40-1.1-104. Inapplicable laws and regulations. (1) People service transportation and volunteer transportation shall not be considered transportation for compensation, commercial transportation, or any form of carrier. Thus, the following laws and regulations do not apply to motor vehicles while being used for the purpose of people service transportation or volunteer transportation:

(a) Articles 1 and 2 to 9 of this title, concerning public utilities and common carriers;

(b) Article 10.1 of this title, concerning motor carriers; and

(c) and (d) (Deleted by amendment, L. 2011, (HB 11-1198), ch. 127, p. 419, § 13, effective August 10, 2011.)

(e) Articles 20 to 33 of this title, concerning railroads.
C.R.S. § 40-29-108 — CO Code / Title 40 / Article 29 / Section 40-29-108
40-29-108. Track motorcars - lights, windshield, and wiper - top
Status: repealed

40-29-108. Track motorcars - lights, windshield, and wiper - top. (Repealed)
C.R.S. § 40-15-504 — CO Code / Title 40 / Article 15 / Part 5 / Section 40-15-504
40-15-504. Working support group - duties - composition - repeal
Status: repealed

40-15-504. Working support group - duties - composition - repeal. (Repealed)
C.R.S. § 40-22-102 — CO Code / Title 40 / Article 22 / Section 40-22-102
40-22-102. Conditions necessary for consolidation
Status: in_force

40-22-102. Conditions necessary for consolidation. (1) Said consolidation shall be made under the conditions, provisions, and restrictions and with the powers as follows:

(a) The directors of the several corporations proposing to consolidate may enter into a joint agreement, under the corporate seal of each company, for the consolidation of said companies and railroads, and prescribing the terms and conditions thereof, the mode of carrying the same into effect, the name of the new corporation, the number and names of the directors and other officers thereof, who shall be the first directors and officers and their places of residence, the number of shares of the capital stock, the principal place of business of the new company in each state or territory traversed by its line of railway, and such other provisions as may be required by law to be inserted in an original certificate of incorporation, the manner of converting the capital stock of each of said companies into that of the new corporation, and how and when directors and officers shall be chosen, with such other details as they shall deem necessary to perfect such new organization and the consolidation of said companies and railroads.

(b) Said agreement shall be submitted to the stockholders of each of the companies or corporations, at a meeting thereof, called separately, for the purpose of taking the same into consideration; due notice of the time and place of holding such meeting, and the object thereof, shall be given by written or printed notices, addressed to each of the persons in whose names the capital stock of said companies stands on the books thereof, and delivered to such persons respectively or sent to them by mail when their post-office addresses are known to the company and also by a general notice published in some newspaper in the city, town, or county where such company has its principal office or place of business. At the said meeting of stockholders, the agreement of the said directors shall be considered and a vote by ballot taken for the adoption or rejection of the same, each share entitling the holder thereof to one vote; and said ballots shall be cast in person or by proxy, and, if a majority of all the votes of all the stockholders are for the adoption of said agreement, that fact shall be certified thereon by the secretaries of the respective companies under the seals thereof. The agreement so adopted, or a certified copy thereof, shall be filed in the office of the secretary of state and shall be deemed the agreement and act of consolidation of the said companies. A copy of said agreement and act of consolidation, duly certified by the secretary of state under the seal thereof, shall be evidence of the existence of said new corporation; but, if the mode of ratifying said agreement of consolidation in such other state or territory varies from the mode prescribed in this section, such agreement may be ratified by the railroad company or corporation of such other state or territory in the mode prescribed by the laws thereof.
C.R.S. § 40-42-101 — CO Code / Title 40 / Article 42 / Section 40-42-101
40-42-101. Short title
Status: in_force

40-42-101. Short title. The short title of this article 42 is the "Colorado Electric Transmission Authority Act".
C.R.S. § 40-2-131 — CO Code / Title 40 / Article 2 / Part 1 / Section 40-2-131
40-2-131. State of 911 report
Status: in_force

40-2-131. State of 911 report. (1) Notwithstanding section 24-1-136 (11)(a)(I), on or before September 15, 2018, and on or before September 15 of each year thereafter, the commission shall publish a "state of 911" report and submit the report to the members of the general assembly. The report must provide an overall understanding of the state of 911 service in Colorado and must address, at a minimum, the following:

(a) The commission's actions related to 911 service in the state during the previous year as well as planned implementation actions related to 911 service for the upcoming year;

(b) The current statewide structure, technology, and general operations of 911 service in Colorado;

(c) 911 network reliability and resiliency;

(d) Identified gaps, vulnerabilities, and needs related to 911 service in the state;

(e) The impact on and involvement of the state in federal activities and national trends affecting 911 service in Colorado;

(f) The state's planning for, transition to, and implementation of next generation 911 and other or future standards-based improvements to 911, including a projected timeline for full statewide implementation;

(g) A discussion of 911 funding and fiscal outlook, including current funding sources and whether they are adequate for 911 service in the state, and potential funding mechanisms for the transition to and implementation of next generation 911 and other or future standards-based improvements to 911; and

(h) The activity of the 911 services enterprise created in section 29-11-108, including use of the revenue of the 911 services enterprise.

(2) In developing the report each year, the commission shall consult with public safety answering points as defined in section 29-11-101 (23), 911 governing bodies as defined in section 29-11-101 (16), and statewide organizations that represent public safety agencies.

(3) On or before February 1, 2019, and on or before February 1 of each year thereafter, the commission shall present the report to the senate committee on business, labor, and technology, or its successor committee, and the house of representatives committee on business affairs and labor or its successor committee.

(4) Nothing in this section shall be interpreted to grant the commission the authority to regulate any providers or services exempt from jurisdiction under section 40-15-401.
C.R.S. § 40-3-121 — CO Code / Title 40 / Article 3 / Section 40-3-121
40-3-121. Natural gas cost causation study - commission proceeding - reporting - repeal
Status: repealed

40-3-121. Natural gas cost causation study - commission proceeding - reporting - repeal. (1) (a) Within sixty days after the commission issues a final, nonappealable decision regarding the first clean heat plan filed pursuant to section 40-3.2-108 by a natural gas utility that serves more than five hundred thousand customers, the commission shall open a proceeding to investigate whether and how residential development and other development in certain geographic areas drive natural gas infrastructure costs for any natural gas utility that serves more than five hundred thousand customers in the state, particularly with regard to the impact that the development has on nonparticipating income-qualified customers.

(b) The proceeding must identify specific, new large natural gas infrastructure investments and, for each investment identified, determine the extent to which new residential development or other development by a geographic area is disproportionately necessitating that investment.

(c) The proceeding must include a calculation of the benefits and costs of the growth in new residential development and other development to both the natural gas utility customers for whom the infrastructure investment is being made and nonparticipating retail and wholesale natural gas utility customers, particularly those nonparticipating customers who are income-qualified customers.

(2) After completion of the investigation, the commission shall hold a hearing in the investigatory proceeding, at which the commission shall consider the information gathered in the investigation and public comments with respect to a natural gas utility that serves more than five hundred thousand customers in the state, to:

(a) Determine whether alternative infrastructure, service investments, or other utility actions could mitigate impacts on nonparticipating or income-qualified customers in a manner that is necessary, is appropriate, and could help reduce greenhouse gas emissions in alignment with the "Colorado Greenhouse Gas Pollution Reduction Roadmap", published by the Colorado energy office; and

(b) Identify the up-front and service life annualized costs and benefits of the alternatives identified in subsection (2)(a) of this section.

(3) This section is repealed, effective September 1, 2025.
C.R.S. § 40-15-302.5 — CO Code / Title 40 / Article 15 / Part 3 / Section 40-15-302.5
40-15-302.5. Resellers of toll services - registration required
Status: in_force

40-15-302.5. Resellers of toll services - registration required. (1) Interexchange providers shall register with the commission in a form satisfactory to the commission. A registration must include, at a minimum, the following information updated within fifteen days after any change:

(a) The interexchange provider's name and complete address;

(b) All names under which the interexchange provider does business;

(c) All names and identification numbers under which the interexchange provider has registered with the Colorado secretary of state or the Colorado department of revenue;

(d) The name, title, address, and telephone number of an authorized representative to whom the commission may make inquiries; and

(e) A toll-free telephone number to which consumer inquiries or complaints may be made.

(2) An interexchange provider that registers in accordance with subsection (1) of this section is exempt from regulation by the commission except as otherwise provided in this section.

(3) For the purpose of enforcing section 40-15-112, the commission may exercise any of the powers conferred under articles 1 to 7 of this title against an interexchange provider and, in cases of complaints filed under section 40-6-108, may order an interexchange provider to make due reparations to the complaining party.

(4) Pursuant to section 24-50-504 (2)(a), C.R.S., the commission shall enter into personal services contracts that create an independent contractor relationship for the administration of this section and section 40-15-112.
C.R.S. § 40-15-402 — CO Code / Title 40 / Article 15 / Part 4 / Section 40-15-402
40-15-402. No regulation by the commission - no certificate required
Status: in_force

40-15-402. No regulation by the commission - no certificate required. (1) Nothing in articles 1 to 7 of this title or parts 2 and 3 of this article shall apply to deregulated services and products pursuant to this part 4.

(2) No certificate of public convenience and necessity shall be required for the provision of services under this part 4.

(3) The commission may not reclassify deregulated services or products under this part 4 or services and products deregulated by the commission pursuant to section 40-15-305 (1).
C.R.S. § 40-10.1-505 — CO Code / Title 40 / Article 10.1 / Part 5 / Section 40-10.1-505
40-10.1-505. Contracts for service
Status: in_force

40-10.1-505. Contracts for service. (1) At or before the time of commencing work, a mover that provides any moving or accessorial services shall leave with the shipper a contract as specified by the commission containing the information listed in this subsection (1). The contract must be signed and dated by the shipper and the mover and must include:

(a) The name, telephone number, and physical address where the mover's employees are available during normal business hours;

(b) The date the document is prepared and the proposed date of the move;

(c) The name and address of the shipper, the addresses where the goods are to be picked up and delivered, and a telephone number where the shipper may be reached;

(d) The name, telephone number, and physical address of a location where the goods will be held pending further transportation, including situations where the mover retains possession of goods pending resolution of a fee dispute with the shipper;

(e) An itemized breakdown and description of costs or rates and services for transportation and accessorial services to be provided during a move or storage of household goods;

(f) Acceptable forms of payment. A mover shall accept a minimum of two of the following four forms of payment:

(I) Cash;

(II) Cashier's check, money order, or traveler's check;

(III) A valid personal check, showing upon its face the name and address of the shipper or authorized representative; or

(IV) A valid credit card.

(g) Any other items as designated by the rules of the commission.

(2) A mover shall clearly and conspicuously disclose to the shipper in the contract the forms of payments the mover will accept from those categories described in paragraph (f) of subsection (1) of this section.

(3) Each contract must include the phrase "(name of mover) is permitted with the public utilities commission of the state of Colorado as a mover. Permit no. ___."

(4) At or before the time of commencing work, the mover shall leave with the shipper a consumer advisement. The mover shall retain a copy of the consumer advisement, signed and dated by the shipper, for at least three years and shall make the copy available to the commission upon request. The consumer advisement shall be in substantially the following form:

Consumer Advisement

Intrastate movers in Colorado are regulated by the Colorado public utilities commission (PUC). Each mover should have a PUC permit number. You are encouraged to contact the PUC to confirm that the mover you are using is indeed permitted in Colorado.

A mover that is not permitted may not withhold any of your property to enforce payment of money due under the contract ("carrier's lien").

A mover must include its PUC permit number, true name, and physical (street) address in all advertisements.

You should be aware that the total price of any household move can change, based on a number of factors that may include at least the following:

● Additional services you request at the time of the move;

● Additional items to be moved that were not included in the mover's original estimate;

● Changes to the location or accessibility of building entrances, at either end of the move, that were not included in the mover's original estimate; and

● Changes to the previously agreed date of pickup or delivery.

You should also be aware that, in case of a dispute between you and the mover, Colorado has an arbitration process available to resolve the dispute without going to court.

If you have any questions, you are encouraged to call the PUC for guidance on your rights and obligations.

I acknowledge that I have been given a copy of this consumer advisement to keep for my records.

Signed __________________________ (shipper).
C.R.S. § 40-3-113 — CO Code / Title 40 / Article 3 / Section 40-3-113
40-3-113. Rail rates for transportation of recyclable or recycled materials
Status: repealed

40-3-113. Rail rates for transportation of recyclable or recycled materials. (Repealed)
C.R.S. § 40-15-205 — CO Code / Title 40 / Article 15 / Part 2 / Section 40-15-205
40-15-205. Violations
Status: in_force

40-15-205. Violations. Violations of this part 2 by a telecommunications provider are subject to enforcement and penalties as provided in article 7 of this title.
C.R.S. § 40-29-115 — CO Code / Title 40 / Article 29 / Section 40-29-115
40-29-115. Extension of time
Status: repealed

40-29-115. Extension of time. (Repealed)
C.R.S. § 40-32-108 — CO Code / Title 40 / Article 32 / Section 40-32-108
40-32-108. Duties of commission
Status: in_force

40-32-108. Duties of commission. The commission shall establish standards for the employment of railroad peace officers relating to education or experience in law enforcement.
C.R.S. § 40-2-109 — CO Code / Title 40 / Article 2 / Part 1 / Section 40-2-109
40-2-109. Report to executive director of the department of revenue
Status: repealed

40-2-109. Report to executive director of the department of revenue.

(1) Repealed.

(2) (a) On March 1 of each year, the public utilities commission shall furnish the executive director of the department of revenue with a list of those public utilities subject to its jurisdiction, supervision, and regulation on January 1 of each year. The provisions of this subsection (2) shall not apply to:

(I) Motor carriers subject to the passenger-mile tax imposed by sections 42-3-304 and 42-3-306, so long as the cost of regulation of such motor carriers is defrayed from the proceeds of such passenger-mile tax; and

(II) Rail fixed guideway systems that are regulated by the public utilities commission pursuant to part 1 of article 18 of this title.

(b) The director of the public utilities commission shall provide written notice to the revisor of statutes once the federal grant moneys made available under the "Moving Ahead for Progress in the 21st Century Act", 49 U.S.C. sec. 5329, have been awarded to the state. This subsection (2) takes effect upon the receipt by the revisor of statutes of such written notice.
C.R.S. § 40-10.1-507 — CO Code / Title 40 / Article 10.1 / Part 5 / Section 40-10.1-507
40-10.1-507. Binding arbitration
Status: in_force

40-10.1-507. Binding arbitration. In the event of a dispute between a mover and a shipper concerning the amount charged for services or concerning lost or damaged goods, the mover shall offer the shipper the opportunity to participate in binding arbitration under the uniform rules for better business bureau binding arbitration or a substantially similar binding arbitration process promulgated by the council of better business bureaus, incorporated, or its successor organization. If the shipper accepts the offer to arbitrate, the mover shall participate in good faith in the arbitration process and shall agree to be bound by the arbitrator's award.
C.R.S. § 40-17.5-105 — CO Code / Title 40 / Article 17.5 / Section 40-17.5-105
40-17.5-105. Immunity of providers
Status: in_force

40-17.5-105. Immunity of providers. No service provider or service supplier, or any employee or agent thereof, shall be liable for any damages in a civil action for injuries, death, or loss to person or property incurred as a result of any act or omission of such service provider, service supplier, employee, or agent in connection with developing, adopting, implementing, maintaining, enhancing, or providing 988 access connection or service, unless such damage or injury was intentionally caused by or resulted from gross negligence of the provider, supplier, employee, or agent.
C.R.S. § 40-3-103.5 — CO Code / Title 40 / Article 3 / Section 40-3-103.5
40-3-103.5. Medical exemption - tiered electricity rates - rules
Status: in_force

40-3-103.5. Medical exemption - tiered electricity rates - rules. (1) Notwithstanding any provision of articles 1 to 7 of this title 40 to the contrary, the commission shall adopt rules to create an exemption from any tiered electricity rate plan based on a customer's medical condition. The commission's rules must provide a mechanism for the recovery of costs associated with implementing and providing the medical exemption.

(2) The commission may determine the definition of "medical condition"; except that the definition must include multiple sclerosis, epilepsy, quadriplegia, and paraplegia. The medical exemption is for individuals who have the verification of a physician licensed in Colorado of a heat-sensitive medical condition or the need for the use of an essential life support device.

(3) If the commission determines that a means test is necessary for the medical exemption, the commission shall use no less than four hundred percent of the federal poverty level for the customer's household as the maximum income to be eligible for the medical exemption.

(4) If the low-income energy assistance program is used to certify eligibility, the medical exemption under this section must be distinguishable from the heat assistance benefits offered under the low-income energy assistance program because these programs may have different eligibility requirements.

(5) On and after September 1, 2020, the commission shall require utilities periodically to report, pursuant to section 40-3-110, the number of their customers who receive the medical exemption under this section and to describe the efforts the utilities have made during each reporting period to facilitate the enrollment of qualified persons in their medical exemption programs.
C.R.S. § 40-24-106 — CO Code / Title 40 / Article 24 / Section 40-24-106
40-24-106. Width of joint bridges
Status: in_force

40-24-106. Width of joint bridges. Any bridge or culvert constructed upon any county road or public highway which is to be used jointly by any electric railroad and the traveling public shall not be less than twenty-four feet in width.
C.R.S. § 40-41-112 — CO Code / Title 40 / Article 41 / Section 40-41-112
40-41-112. Assignee or financing party not automatically subject to commission regulation
Status: in_force

40-41-112. Assignee or financing party not automatically subject to commission regulation. An electric utility, assignee, or financing party that is not already regulated by the commission does not become subject to commission regulation solely as a result of engaging in any transaction authorized by or described in this article 41.
C.R.S. § 40-11.5-101 — CO Code / Title 40 / Article 11.5 / Section 40-11.5-101
40-11.5-101. Independent contractors - motor carriers
Status: in_force

40-11.5-101. Independent contractors - motor carriers. Notwithstanding article 10.1 of this title, common carriers and contract carriers may use independent contractors.
C.R.S. § 40-41-109 — CO Code / Title 40 / Article 41 / Section 40-41-109
40-41-109. Electric utilities - duties - rate impact notice to customers
Status: in_force

40-41-109. Electric utilities - duties - rate impact notice to customers. (1) The electric bills of an electric utility that has obtained a financing order and caused CO-EI bonds to be issued:

(a) Must explicitly reflect that a portion of the charges on the bill represents CO-EI charges approved in a financing order issued to the electric utility and, if the CO-EI property has been transferred to an assignee, must include a statement that the assignee is the owner of the rights to CO-EI charges and that the electric utility or other entity, if applicable, is acting as a collection agent or servicer for the assignee;

(b) Must include the CO-EI charge on each customer's bill as a separate line item titled "energy impact assistance charge" and may include both the rate and the amount of the charge on each bill. The failure of an electric utility to comply with this subsection (1) does not invalidate, impair, or affect any financing order, CO-EI property, CO-EI charge, or CO-EI bonds, but may subject the electric utility to penalties under applicable commission rules.

(c) Must explain to customers in an annual filing with the commission the rate impact that financing the retirement of electric generating facilities will have on customer rates.

(2) An electric utility that has obtained a financing order and caused CO-EI bonds to be issued must demonstrate in an annual filing with the commission that CO-EI bond proceeds are applied solely to the repayment of CO-EI costs and that CO-EI revenues are applied solely to the repayment of CO-EI bonds and other financing costs in accordance with the financing order. The cost of such annual filing is a financing cost recoverable by the electric utility from the CO-EI charge.
C.R.S. § 40-20-307 — CO Code / Title 40 / Article 20 / Part 3 / Section 40-20-307
40-20-307. Reporting violation to union representative - request for investigation
Status: in_force

40-20-307. Reporting violation to union representative - request for investigation. (1) A crew member of a train operated by a railroad in the state may report to the crew member's designated union representative:

(a) A violation of any of the safety requirements specified in this part 3;

(b) An injury the crew member or another crew member sustained while operating a train on any track in connection with railroad transportation in the state; or

(c) A death that occurred during the operation of a train.

(2) A designated union representative receiving a report may request an investigation from the office of rail safety.
C.R.S. § 40-10.1-508 — CO Code / Title 40 / Article 10.1 / Part 5 / Section 40-10.1-508
40-10.1-508. Revocation of permit for failure to pay fine
Status: in_force

40-10.1-508. Revocation of permit for failure to pay fine. (1) If a mover that holds a permit under this section fails to pay a fine or civil penalty imposed under this part 5 or a rule issued under this article 10.1 within the time prescribed for payment, and not before the decision imposing the fine or civil penalty becomes a final decision by the commission, the permit is revoked immediately. Any of the following are disqualified from applying for a permit for thirty-six months after the date the fine or civil penalty is due:

(a) The mover;

(b) Any owner, principal, officer, member, partner, or director of the mover; and

(c) Any other entity owned or operated by that owner, principal, officer, member, partner, or director.

(2) This disqualification is in addition to and not in lieu of any other penalty or disqualification, including the period of disqualification specified in section 40-10.1-112 (4).
C.R.S. § 40-10.1-204 — CO Code / Title 40 / Article 10.1 / Part 2 / Section 40-10.1-204
40-10.1-204. Temporary authority
Status: in_force

40-10.1-204. Temporary authority. (1) To enable the provision of common carrier or contract carrier service for which there appears to be an immediate and urgent need to any point or within a territory having no such service capable of meeting the need, the commission may, in its discretion and without hearings or other proceedings, grant temporary authority for such service by a common carrier or a contract carrier, as the case may be. Such temporary authority, unless suspended or revoked for good cause, is valid for such time as the commission specifies, but for not more than an aggregate of one hundred eighty days, unless for good cause shown the commission extends the temporary authority for a period which may extend until a final administrative decision is rendered. A grant of temporary authority or an extension thereof creates no presumption that corresponding permanent authority will be granted thereafter.

(2) Pending the determination of an application filed with the commission for approval of an acquisition of stock of a common carrier or contract carrier, a consolidation or merger of two or more such carriers, or a purchase, lease, or contract to operate the properties of one or more such carriers, the commission may, in its discretion and without hearings or other proceedings, grant temporary approval for a period not exceeding one hundred eighty days for the operation of the carrier or its properties sought to be acquired by the person proposing in such pending application to acquire the properties or stock, if it appears that failure to grant such temporary approval may result in destruction of or injury to the carrier or its properties sought to be acquired, or may interfere substantially with their future usefulness in the performance of adequate and continuous service to the public. For good cause shown, the commission may extend such temporary approval for a period which may extend until a final administrative decision is rendered. Temporary approval or an extension thereof does not create a presumption that the application will be granted.

(3) Common carrier or contract carrier service rendered under temporary authority or approval is subject to all applicable provisions of this title and to the rules and requirements of the commission. The maximum time period of any temporary authority or approval is not subject to extension or renewal.

(4) The commission shall not issue a temporary authority or approval unless, under such general rules as the commission may prescribe governing the application and notice thereof to interested or affected common carriers, all interested or affected carriers have been given at least five days' notice of the filing of the application and an opportunity to protest the granting thereof. If the commission determines that an emergency exists, it may issue temporary authority or approval at once by making specific reference in its order to the circumstances constituting the emergency, in which case no notice need be given, but any such emergency authority or approval expires no later than thirty days after it was issued.
C.R.S. § 40-15-201 — CO Code / Title 40 / Article 15 / Part 2 / Section 40-15-201
40-15-201. Regulation by commission
Status: in_force

40-15-201. Regulation by commission. (1) For purposes of this part 2, except as otherwise provided in this title, each provider of basic local exchange service is declared to be affected with a public interest and a public utility subject to the provisions of articles 1 to 7 of this title, so far as applicable, including the regulation of all rates and charges pertaining to local exchange companies; except that, if a provider applies for and receives commission approval of an alternative form of regulation, or if a provider is a rural telecommunications provider subject to simplified regulatory treatment under section 40-15-203.5 or 40-15-503 (2)(d), the commission shall not consider the provider's overall rate of return or overall revenue requirements when determining the just and reasonable rate for a particular product or service. The commission may promulgate rules as necessary to implement this part 2.

(2) Basic emergency service is declared to be subject to regulation under this part 2 and subject to potential reclassification under section 40-15-207.
C.R.S. § 40-1-103 — CO Code / Title 40 / Article 1 / Section 40-1-103
40-1-103. Public utility defined
Status: repealed

40-1-103. Public utility defined. (1) (a) (I) The term "public utility", when used in articles 1 to 7 of this title, includes every common carrier, pipeline corporation, gas corporation, electrical corporation, telephone corporation, water corporation, person, or municipality operating for the purpose of supplying the public for domestic, mechanical, or public uses and every corporation, or person declared by law to be affected with a public interest, and each of the preceding is hereby declared to be a public utility and to be subject to the jurisdiction, control, and regulation of the commission and to the provisions of articles 1 to 7 of this title.

(II) As used in this paragraph (a), "water corporation" includes a combined water and sewer corporation, whether as a single entity or as different entities under common ownership.

(b) Nothing in articles 1 to 7 of this title 40 apply to:

(I) Irrigation systems, the chief or principal business of which is to supply water for the purpose of irrigation;

(II) Exemptions provided for in the constitution of the state of Colorado relating to municipal utilities;

(III) Hotels, motels, or other lodging-type entities that resell intrastate toll services to their lodging patrons and not to the general public;

(IV) Any consumer who owns pay telephone terminal equipment and who resells local exchange and toll service paid for by coin deposit, credit card, or otherwise by using the tariff services and facilities of regulated telephone utilities;

(V) The provision or resale to the general public of communications services over a cellular radio system. For purposes of this subparagraph (V), a "cellular radio" means a mobile communications system in which the radio frequency spectrum is divided into discrete channels which are assigned in groups to geographic cells within a service area and which are capable of being reused in different cells within that service area.

(VI) Repealed.

(2) (a) Every cooperative electric association, or nonprofit electric corporation or association, and every other supplier of electric energy, whether supplying electric energy for the use of the public or for the use of its own members, is hereby declared to be affected with a public interest and to be a public utility and to be subject to the jurisdiction, control, and regulation of the commission and to the provisions of articles 1 to 7 of this title.

(b) (I) Paragraph (a) of this subsection (2) requiring regulation by the commission 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 part 1 of article 9.5 of this title.

(II) Repealed.

(c) The supply of electricity or heat to a consumer of the electricity or heat from renewable energy generation facilities owned or operated by an entity other than the consumer, including a master meter operator, as described in section 40-1-103.5, does not subject the owner or operator of the renewable energy generation facilities to regulation as a public utility by the commission if the renewable energy generation facilities are located on property owned or leased by either:

(I) The consumer; or

(II) A master meter operator or another consumer served by the master meter operator.

(3) For the purposes of articles 1 to 7 of this title 40, a motor carrier that provides transportation not subject to regulation pursuant to section 40-10.1-105 or that is subject to part 3, 4, 5, or 7 of article 10.1 of this title 40 is not a public utility.

(4) Repealed.
C.R.S. § 40-17-102 — CO Code / Title 40 / Article 17 / Section 40-17-102
40-17-102. Definitions
Status: repealed

40-17-102. Definitions. As used in this article, unless the context otherwise requires:

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

(2) Repealed.

(3) "Telecommunications relay services" means any telecommunications transmission services that allow a person who has a hearing or speech disability to communicate by wire or radio in a manner that is functionally equivalent to the ability of a person who does not have a hearing or speech disability. Such term includes any service that enables two-way communication between a person who uses a telecommunications device or other nonvoice terminal device and a person who does not use such a device.

(4) "Telephone access line" means each voice grade channel or its equivalent assigned to a residential or commercial end user customer by a voice service provider, regardless of the technology used to provide the service.

(5) "Voice service provider"means a company that provides telephone access lines to members of the general public who are its customers for voice service.
C.R.S. § 40-10.1-411 — CO Code / Title 40 / Article 10.1 / Part 4 / Section 40-10.1-411
40-10.1-411. Towing carrier responsibility
Status: in_force

40-10.1-411. Towing carrier responsibility. The towing carrier is responsible for the security and safety of the towed vehicle until the vehicle is released to an authorized or interested person.
C.R.S. § 40-2-110.5 — CO Code / Title 40 / Article 2 / Part 1 / Section 40-2-110.5
40-2-110.5. Annual fees - public utilities commission motor carrier fund - created
Status: repealed

40-2-110.5. Annual fees - public utilities commission motor carrier fund - created.

(1) (Deleted by amendment, L. 2011, (HB 11-1198), ch. 127, p. 419, § 15, effective August 10, 2011.)

(2) (a) (Deleted by amendment, L. 2003, p. 2380, § 2, effective August 6, 2003.)

(b) to (e) (Deleted by amendment, L. 93, p. 2059, § 9, effective July 1, 1993.)

(2.5) (Deleted by amendment, L. 2005, p. 31, § 1, effective August 8, 2005.)

(3) Repealed.

(4) and (5) (Deleted by amendment, L. 2011, (HB 11-1198), ch. 127, p. 419, § 15, effective August 10, 2011.)

(6) The public utilities commission motor carrier fund is hereby created in the state treasurer's office. The moneys in the fund shall be subject to annual appropriation by the general assembly for the purposes specified in section 40-2-110 (2)(a)(I). Any unexpended balance remaining in said fund at the end of any fiscal year shall remain in the fund.

(6.5) and (7) Repealed.

(8) Notwithstanding the amount specified for any fee in section 40-10.1-111, the commission by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the commission by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.

(9) (a) For the 2013-14 fiscal year and for each fiscal year thereafter, if the amount of uncommitted reserves in the motor carrier fund at the conclusion of any given fiscal year exceeds ten percent of the fund's expenditures during that fiscal year, the amount of the excess that is attributable to revenues received from any motor carrier, motor private carrier, broker, freight forwarder, leasing company, or any other person required to register with the United States department of transportation under the unified carrier registration system as authorized by federal law and as provided for in section 40-10.5-102 shall be transferred to the motor carrier safety fund created in section 42-4-235 (6), C.R.S.

(b) The distribution required by paragraph (a) of this subsection (9) is in lieu of, and shall supersede, any provision to the contrary in section 24-75-402, C.R.S.
C.R.S. § 40-27-107 — CO Code / Title 40 / Article 27 / Section 40-27-107
40-27-107. Reports of inspector and foreman
Status: in_force

40-27-107. Reports of inspector and foreman. After making such examination it is the duty of the stock inspector to immediately forward a report to the secretary of the state board of stock inspection commissioners showing all the facts in regard to the killing or wounding of said animal, together with a full description and the estimated value of same, and it is the duty of the foreman of the section to likewise make a similar report to the claim agent of said railroad company or corporation or the assignee or lessee thereof.
C.R.S. § 40-20-315 — CO Code / Title 40 / Article 20 / Part 3 / Section 40-20-315
40-20-315. Severability
Status: in_force

40-20-315. Severability. If any provision of this part 3 or the application of this part 3 to any person or circumstance is held invalid, such invalidity does not affect other provisions or applications of this part 3 that can be given effect without the invalid provision or application, and to this end the provisions of this part 3 are declared to be severable.
C.R.S. § 40-6-114 — CO Code / Title 40 / Article 6 / Section 40-6-114
40-6-114. Reconsideration, reargument, or rehearing - application - basis of review - orde
Status: in_force

40-6-114. Reconsideration, reargument, or rehearing - application - basis of review - order - exception. (1) After a decision has been made by the commission or after a decision recommended by an individual commissioner or administrative law judge has become the decision of the commission, as provided in this article, any party thereto may within twenty days thereafter, or within such additional time as the commission may authorize upon request made within such period, make application for rehearing, reargument, or reconsideration of the same or of any matter determined therein. Such application shall be governed by such general rules as the commission may establish and shall specify with particularity the grounds upon which the applicant considers the decision unlawful. Any such application shall, within thirty days after the filing thereof, be considered and acted upon by the commission. Failure to act upon the application within such period shall constitute a denial thereof. Rehearing, reargument, or reconsideration may be granted if sufficient reason therefor is shown.

(2) An application for rehearing, reargument, or reconsideration of a decision of the commission made in accordance with the provisions of this section and the rules and regulations of the commission shall not stay or postpone such decision unless the commission, upon motion by the party seeking such stay or postponement or the commission upon its own motion, so orders; except that orders of the commission issued for the installation of automatic or other safety appliance signals or devices at railroad crossings shall be processed and handled to completion when such application deals solely with the matter of allocation of the costs thereof among the railroad company and the state and the political subdivisions pursuant to section 40-4-106.

(3) If after rehearing, reargument, or reconsideration of a decision of the commission it appears that the original decision is in any respect unjust or unwarranted, the commission may reverse, change, or modify the same accordingly. Any decision made after rehearing, reargument, or reconsideration, reversing, changing, or modifying the original decision may be subject to the same provisions with respect to rehearing, reargument, or reconsideration as an original decision or any such decision may be subject to judicial review as provided in section 40-6-115, at the option of the party seeking review. If the commission denies said application, the original order shall become effective according to its terms, unless the commission otherwise orders, except as provided in section 40-6-116.

(4) If no application for rehearing, reargument, or reconsideration has been made or, if made, is withdrawn, a suit to enforce, enjoin, suspend, modify, or set aside any final decision of the commission, in whole or in part, may be brought in a district court of the state of Colorado as set forth in this article; except that, if any party to a proceeding applies for reconsideration, reargument, or rehearing, no other party may appeal until the commission has ruled on the application. For purposes of judicial review, a decision on an application for rehearing, reargument, or reconsideration shall be deemed final on the date said decision is served on the parties to the proceeding.

(5) Any court may stay or suspend, in whole or in part, the operation of any commission decision under section 40-6-116, even though the commission had not been previously requested to suspend or stay such decision.

(6) (Deleted by amendment, L. 93, p. 2065, § 20, effective July 1, 1993.)
C.R.S. § 40-6-110 — CO Code / Title 40 / Article 6 / Section 40-6-110
40-6-110. Complaint by utility
Status: in_force

40-6-110. Complaint by utility. Any public utility has a right to complain on any grounds upon which complaints are allowed to be filed by other parties, and the same procedure shall be adopted and followed as in other cases.
C.R.S. § 40-6-102 — CO Code / Title 40 / Article 6 / Section 40-6-102
40-6-102. Service - fees - depositions - examination of witnesses
Status: in_force

40-6-102. Service - fees - depositions - examination of witnesses. (1) The commission, each commissioner, an administrative law judge with respect to matters referred to such judge, and the director of the commission have power to issue notices, orders to satisfy or answer, summonses, subpoenas, and commissions to take the deposition of any witness whose testimony is required in any proceeding pending before the commission in like manner and to the same extent as courts of record. The process issued by the commission, any commissioner, an administrative law judge, or the director of the commission shall extend to all parts of the state and beyond the boundaries thereof as may be provided by law or the Colorado rules of civil procedure and may be served by any person authorized to serve process of courts of record, by any person designated for that purpose by the commission or a commissioner, or by first-class mail, postage prepaid, as provided in section 40-6-108. The person executing any such process shall receive such compensation as may be allowed by the commission, not to exceed the fees now prescribed by law for similar services, and such fees shall be paid in the same manner as provided for payment of the fees of witnesses.

(2) In any investigation, inquiry, hearing, or other proceeding pending before the commission, any commissioner, or any administrative law judge of the commission, the depositions of witnesses may be taken, both within and without the state of Colorado, under the same circumstances and in the same manner as provided by the Colorado rules of civil procedure for the taking of depositions in courts of record.

(3) A party to the record of any investigation, inquiry, hearing, or other proceeding pending before the commission, any commissioner, any administrative law judge of the commission, or a person for whose immediate benefit such investigation, hearing, or other proceeding is prosecuted or defended, or the directors, officers, superintendent, or managing agent of any corporation which is a party to the record in such investigation, hearing, or other proceeding may be examined upon the hearing thereof, or upon deposition, or both, as if under cross-examination at the instance of the commission or any adverse party, and for that purpose may be compelled, in the same manner and subject to the same rules for examination as any other witness, to testify; but the party calling for such examination shall not be concluded thereby but may rebut it by counter testimony.
C.R.S. § 40-9.5-108.5 — CO Code / Title 40 / Article 9.5 / Part 1 / Section 40-9.5-108.5
40-9.5-108.5. Public posting of documents
Status: in_force

40-9.5-108.5. Public posting of documents. (1) Each cooperative electric association shall post on the association's website the following information:

(a) The association's current rates; and

(b) The association's net metering requirements.

(2) Each cooperative electric association shall keep and make available on request to a member of the association all financial audits of the association conducted in the last three fiscal years.
C.R.S. § 40-20-101 — CO Code / Title 40 / Article 20 / Part 1 / Section 40-20-101
40-20-101. Certificate of incorporation
Status: in_force

40-20-101. Certificate of incorporation. (1) Any number of persons, not less than five, may associate to form a company for the purpose of constructing and operating a railroad.

(2) The certificate of incorporation, in addition to the matter otherwise required, shall specify as follows:

(a) The places from and to which it is intended to construct the proposed railway;

(b) The time of the commencement and the period of the continuance of such proposed corporation;

(c) The names and places of residence of the several persons forming the association for incorporation; and

(d) In what officers or persons the government of the proposed corporation and the management of its affairs shall be vested.
C.R.S. § 40-6-123 — CO Code / Title 40 / Article 6 / Section 40-6-123
40-6-123. Standards of conduct
Status: in_force

40-6-123. Standards of conduct. (1) Members and staff of the commission shall conduct themselves in such a manner as to ensure fairness in the discharge of the duties of the commission, to provide equitable treatment of the public, utilities, and other parties, to maintain public confidence in the integrity of the commission's actions, and to prevent the appearance of impropriety or of conflict of interest. The standards set forth in this section apply at all times to the commissioners, to their staff, including administrative law judges, and to parties under contract with the commission for state business.

(2) The commissioners, staff who act in an advisory capacity to the commissioners, and administrative law judges shall refrain from financial, business, and social dealings that adversely affect their impartiality or interfere with the proper performance of their official duties.

(3) Neither commissioners, staff members, parties under contract for state work, or members of the immediate families of such persons shall request or accept any gift, bequest, or loan from persons who appear before the commission; except that commissioners and staff members may participate in meetings, conferences, or educational programs which are open to other persons.

(4) Commissioners shall not lend the prestige of their office to advance the private interests of others, nor shall they convey the impression that special influence can be brought to bear upon them.

(5) Commissioners and presiding administrative law judges shall not own any stock, securities, or other financial interest in any company regulated by the commission.

(6) Violation of this section by a commissioner shall be grounds for the immediate removal of such commissioner by the governor.
C.R.S. § 40-27-110 — CO Code / Title 40 / Article 27 / Section 40-27-110
40-27-110. Value of animal - finding of board
Status: in_force

40-27-110. Value of animal - finding of board. Whenever any owner of any animal so killed or wounded or any railroad company or corporation or the assignee or lessee thereof submits any such claim for killing or damaging of livestock to the state board of stock inspection commissioners for determination as to what damage if any shall be paid by said railroad company, the finding of said state board of stock inspection commissioners in regard thereto shall be considered as an arbitration thereof. The finding of said board shall be final and shall also be so accepted by the said owner or his authorized agent or by said railroad company or corporation, and the state board of stock inspection commissioners shall have the right to make such investigation, through its inspectors or otherwise, as it may think necessary in order to determine the just and equitable amount that should be paid as damages or it may determine that no damages shall be paid, as the facts may warrant.
C.R.S. § 40-41-103 — CO Code / Title 40 / Article 41 / Section 40-41-103
40-41-103. Financing orders - application requirements
Status: in_force

40-41-103. Financing orders - application requirements. (1) An electric utility, in its sole discretion, may apply to the commission for a financing order as authorized by this section.

(2) (a) An investor-owned or other regulated electric utility may file an application for approval to issue CO-EI bonds in one or more series, impose, charge, and collect CO-EI charges, and create CO-EI property related to:

(I) The retirement of an electric generating facility in Colorado that has previously been approved by the commission; or

(II) Other programs or projects as approved by the commission, including programs or projects to mitigate the effects of extreme weather, wildfires, climate change, or other hazards.

(b) An electric utility that is not regulated may file an application for approval to issue CO-EI bonds in one or more series, impose, charge, and collect CO-EI charges, and create CO-EI property related to:

(I) The retirement of an electric generating facility in Colorado; or

(II) Other programs or projects as approved by the commission, including programs or projects to mitigate the effects of extreme weather, wildfires, climate change, or other hazards.

(c) The commission shall take final action to approve, deny, or modify any application for a financing order as described in subsection (2)(a) or (2)(b) of this section in a final order issued in accordance with the commission's rules for addressing applications.

(d) Notwithstanding any other provision of law, the commission shall not approve the issuance of, nor shall an electric utility issue, CO-EI bonds to finance the payment of damages for a wildfire or other liability of the electric utility.

(3) (a) An application for a financing order must include the following information:

(I) A description of the CO-EI costs that the applicant proposes to recover with the proceeds of the CO-EI bonds;

(II) An estimate of the financing costs related to the CO-EI bonds;

(III) An estimate of the CO-EI charges necessary to pay the CO-EI costs and all financing costs, and the period over which such costs will be recovered, including the proposed scheduled and final maturity of the CO-EI bonds;

(IV) A proposed methodology for allocating the revenue requirement for the CO-EI charge among customer classes, including special contract customers;

(V) A description of the nonbypassable CO-EI charge required to be paid by customers within the electric utility's service area for recovery of CO-EI costs and a proposed adjustment mechanism reflecting the allocation methodology referred to in subsection (3)(a)(IV) of this section;

(VI) An estimate of the timing of the issuance of the CO-EI bonds or series of bonds; and

(VII) An estimate of the net projected cost savings or a demonstration of how the issuance of CO-EI bonds and the imposition of CO-EI charges would avoid or significantly mitigate rate impacts to customers as compared with traditional methods of financing and recovering CO-EI costs from customers.

(b) In addition to furnishing the information specified in subsection (3)(a) of this section, an applicant shall:

(I) Specify a future rate-making process to reconcile any difference between the CO-EI costs financed by CO-EI bonds and the final CO-EI costs incurred by the utility or the assignee. The reconciliation may affect the electric utility's base rates or any rider adopted pursuant to section 40-41-104 (4), but shall not affect the amount of the bonds or the associated CO-EI charges paid by customers.

(II) Provide direct testimony supporting the application.
C.R.S. § 40-20-308 — CO Code / Title 40 / Article 20 / Part 3 / Section 40-20-308
40-20-308. Violations - penalties - rules
Status: in_force

40-20-308. Violations - penalties - rules. (1) If a railroad or any officer, agent, or employee of the railroad violates section 40-20-303, the public utilities commission may impose a fine of not less than ten thousand dollars but not more than twenty-five thousand dollars on the railroad. Each day of a continuing violation constitutes a separate violation.

(2) Notwithstanding subsection (1) of this section, the public utilities commission may impose a fine of up to one hundred thousand dollars per violation if the commission finds:

(a) The railroad intentionally or knowingly violated section 40-20-303; or

(b) The railroad's violation was part of a pattern and practice of repeated violations of section 40-20-303.

(3) The public utilities commission shall transfer all fines collected pursuant to subsections (1) and (2) of this section to the state treasurer, who shall credit the fines to the fund.

(4) The public utilities commission shall promulgate rules for the determination, imposition, and appeal of fines under this section.
C.R.S. § 40-30-101 — CO Code / Title 40 / Article 30 / Section 40-30-101
40-30-101. Fire guard by plowing
Status: in_force

40-30-101. Fire guard by plowing. Every railroad corporation operating its lines of road or any part thereof within this state, between the fifteenth day of July and the first day of November of each and every year, upon each side of its line of road, shall plow as a fire guard a continuous strip of not less than six feet in width, which said strip of land shall run parallel with said line of railroad and be plowed in such a good and workmanlike manner as to effectually destroy and cover up the vegetation thereon and be sufficient to prevent the spread of fire. In addition thereto all such railroad corporations shall cause to be burned, between said dates, all the grass and vegetation lying between the said plowed strips and the track of said road, and the outer line of said strip of plowed land shall be upon the outer line of such corporation's right-of-way or, if upon land owned by said corporation, one hundred feet on either side from the center of the road. Such fire guard to be so plowed need not be constructed within the limits of any town or city, nor along the line of a railroad running through the mountains, nor in other lands where plowing would be impracticable, but the provisions respecting the burning of a strip on each side shall be duly conformed with whenever any vegetation is found along such line of road. The boards of county commissioners of the various counties of the state shall prescribe for their respective counties where the plowing of such fire guard and burning shall be done.
C.R.S. § 40-2-110 — CO Code / Title 40 / Article 2 / Part 1 / Section 40-2-110
40-2-110. Appropriation and fees
Status: repealed

40-2-110. Appropriation and fees. (1) At each regular session, the general assembly shall determine the amounts to be expended by the public utilities commission for its administrative expenses in supervising and regulating the public utilities which are under its jurisdiction, a list of which the commission is required by section 40-2-109 to furnish to the department of revenue, and shall appropriate to the public utilities commission from the public utilities commission fixed utility fund, established in section 40-2-114, the full amount so determined, and such amount shall be defrayed out of the fees to be paid by such public utilities, as provided in section 40-2-112.

(2) (a) (I) At each regular session, the general assembly shall determine the amounts to be expended by the public utilities commission for its administrative expenses in the supervision and regulation of motor carriers as provided by law and shall appropriate such amounts from the public utilities commission motor carrier fund established in section 40-2-110.5 as are necessary to be expended by the commission to accomplish said purposes.

(II) Repealed.

(b) Repealed.
C.R.S. § 40-8.7-110 — CO Code / Title 40 / Article 8.7 / Section 40-8.7-110
40-8.7-110. Reports
Status: repealed

40-8.7-110. Reports. (1) The organization shall submit a written report to the general assembly, the legislative audit committee, and the office of the state auditor on or before March 31 of each year covering the immediately preceding calendar year. The report must include:

(a) An itemized account of the money received by the organization from each utility for the low-income energy assistance program, including:

(I) The money received from customers' optional energy assistance contributions pursuant to section 40-8.7-104 (2); and

(II) The money received from customers' monthly energy assistance system benefit charges pursuant to section 40-8.7-104 (2.5), including information regarding the money received from each investor-owned utility and the money the organization has spent in each investor-owned utility's service territory or within the service territory of an affiliated investor-owned utility;

(a.5) An itemized account of the money received by the organization from each participating water utility for the organization's water assistance program pursuant to section 40-8.7-104.3;

(b) For the low-income energy assistance program and the water assistance program:

(I) The amount of money distributed, the type of assistance provided, the geographic area of the state served, and an itemization of the programs through which the money is expended;

(II) The number of low-income households served, by utility or water utility and by type of assistance provided;

(III) An audited financial statement from the organization; and

(IV) A summary of how the money collected was generated, including the number of customers participating in the program.

(1.5) To the extent applicable, the organization shall include in the report the information required by subsections (1)(b)(I) and (1)(b)(II) of this section for money received from the Colorado energy office pursuant to section 40-8.7-112 (2)(a).

(2) The organization shall post the report on its public website so that it is available to the public for review.

(3) Repealed.

(4) Notwithstanding section 24-1-136 (11)(a)(I), the Colorado energy office shall submit a written report to the general assembly, the legislative audit committee, and the office of the state auditor on or before March 31 of each year covering the immediately preceding calendar year. The report must include an itemized account of the money that the office received from the energy assistance system benefit charge collected pursuant to section 40-8.7-104 (2.5) for use for its weatherization assistance program, including information on the amount of money distributed, the type of assistance provided, and the geographic areas of the state served. The office shall post the report on its public website.
C.R.S. § 40-2-107 — CO Code / Title 40 / Article 2 / Part 1 / Section 40-2-107
40-2-107. Compensation and expenses of employees
Status: repealed

40-2-107. Compensation and expenses of employees. (1) All employees of the commission shall receive such compensation as may be fixed pursuant to law.

(2) Repealed.

(3) All expenses incurred by the commission pursuant to the provisions of this title, including the actual and necessary traveling expenses and other expenses and disbursements of the commissioners, their officers, and employees shall be paid by the controller from the funds appropriated for the use of the commission upon vouchers of the commission therefor.
C.R.S. § 40-6-119 — CO Code / Title 40 / Article 6 / Section 40-6-119
40-6-119. Excess charges - reparation - actions - limitation
Status: in_force

40-6-119. Excess charges - reparation - actions - limitation. (1) When complaint has been made to the commission concerning any rate, fare, toll, rental, or charge for any product or commodity furnished or service performed by any public utility and the commission has found, after investigation, that the public utility has charged an excessive or discriminatory amount for such product, commodity, or service, the commission may order that the public utility make due reparation to the complainant therefor, with interest from the date of collection, provided no discrimination will result from such reparation.

(2) If the public utility does not comply with the order for the payment of reparation within the specified time in such order, suit may be instituted in any court of competent jurisdiction to recover the same. All complaints concerning excessive or discriminatory charges shall be filed with the commission within two years from the time the cause of action accrues, and the petition for the enforcement of the order shall be filed in the court within one year from the date of the order of the commission. The remedy provided in this section shall be cumulative and in addition to any other remedy in articles 1 to 7 of this title provided in case of failure of a public utility to obey the order or decision of the commission.
C.R.S. § 40-41-115 — CO Code / Title 40 / Article 41 / Section 40-41-115
40-41-115. Security interests in CO-EI property
Status: in_force

40-41-115. Security interests in CO-EI property. (1) The creation, perfection, and enforcement of any security interest in CO-EI property to secure the repayment of the principal of and interest on CO-EI bonds, amounts payable under any ancillary agreement, and other financing costs are governed by this section and not by the "Uniform Commercial Code", title 4, to the extent of any conflict.

(2) The description or indication of CO-EI property in a transfer or security agreement and a financing statement is sufficient only if the description or indication refers to this article 41 and the financing order creating the CO-EI property.

(3) (a) A security interest in CO-EI property is created, valid, and binding as soon as all of the following events have occurred:

(I) The financing order that describes the CO-EI property is issued;

(II) A security agreement is executed and delivered; and

(III) Value is received for the CO-EI bonds.

(b) Once a security interest in CO-EI property is created under subsection (3)(a) of this section, the security interest attaches without any physical delivery of collateral or any other act. The lien of the security interest is valid, binding, and perfected against all parties having claims of any kind in tort, contract, or otherwise against the person granting the security interest, regardless of whether such parties have notice of the lien, upon the filing of a financing statement with the secretary of state. The secretary of state shall maintain a financing statement filed pursuant to this subsection (3)(b) in the same manner in which the secretary maintains and in the same record-keeping system in which the secretary maintains financing statements filed pursuant to article 9 of title 4. The filing of any financing statement pursuant to this subsection (3)(b) is governed by article 9 of title 4 regarding the filing of financing statements.

(4) A security interest in CO-EI property is a continuously perfected security interest and has priority over any other lien, created by operation of law or otherwise, which may subsequently attach to the CO-EI property unless the holder of the security interest has agreed in writing otherwise.

(5) The priority of a security interest in CO-EI property is not affected by the commingling of CO-EI property or CO-EI revenue with other money. An assignee, bondholder, or financing party has a perfected security interest in the amount of all CO-EI property or CO-EI revenue that is pledged for the payment of CO-EI bonds even if the CO-EI property or CO-EI revenue is deposited in a cash or deposit account of the electric utility in which the CO-EI revenue is commingled with other money, and any other security interest that applies to the other money does not apply to the CO-EI revenue.

(6) Neither a subsequent order of the commission amending a financing order as authorized by section 40-41-105 (4), nor application of an adjustment mechanism as authorized by section 40-41-104 (2)(h), affects the validity, perfection, or priority of a security interest in or transfer of CO-EI property.
C.R.S. § 40-7-112 — CO Code / Title 40 / Article 7 / Section 40-7-112
40-7-112. Applicability of civil penalties
Status: in_force

40-7-112. Applicability of civil penalties. (1) (a) A person who operates or offers to operate as a motor carrier as defined in section 40-10.1-101; a motor carrier, motor private carrier, broker, freight forwarder, leasing company, or other person required to register under section 40-10.5-102; or a transportation network company required to obtain a permit under section 40-10.1-606 is subject to civil penalties as provided in this section and sections 40-7-113 to 40-7-116, in addition to any other sanctions that may be imposed pursuant to law.

(b) The commission shall transmit all penalties it collects to the state treasurer, who shall credit them to the legal services offset fund created in section 40-7-118; except that the state treasurer shall credit one-half of any civil penalty imposed upon a motor carrier of household goods to the moving outreach fund created in section 40-10.1-509.

(2) Subsections (3) to (5) of this section and the civil penalties provided in section 40-7-113 do not apply to persons transporting nuclear materials who commit violations of section 42-20-406 (3), 42-20-407, or 42-20-505, C.R.S., or to persons transporting hazardous materials who commit violations of section 42-20-204, C.R.S.

(3) An owner or other person allowing a driver to operate a motor vehicle upon a highway in violation of a statute or rule for which a civil penalty may be imposed under section 40-7-113 (1) is subject to the civil penalties provided in section 40-7-113 if he or she knows or has reason to know that the driver is engaged in a violation.

(4) An owner or other person who directs a driver to operate a motor vehicle upon a highway in violation of a statute or rule for which a civil penalty may be imposed under section 40-7-113 (1) is subject to the civil penalties provided in section 40-7-113.

(5) Any civil penalty assessed against an owner or other person pursuant to subsection (3) or (4) of this section is in addition to, and not in lieu of, any civil penalty against the actual driver of the vehicle, and any such penalty may be assessed upon the initial violation by the person.
C.R.S. § 40-9.5-109 — CO Code / Title 40 / Article 9.5 / Part 1 / Section 40-9.5-109
40-9.5-109. Regulations governing consumer complaints
Status: in_force

40-9.5-109. Regulations governing consumer complaints. The board of directors of each cooperative electric association shall adopt regulations which specify a procedure for members and consumers to register complaints about and be given an opportunity to be heard by the board on the rates charged by such association, the manner in which the electric service is provided, and proposed changes in the rates or regulations. Such regulations may be amended whenever deemed appropriate by the board.
C.R.S. § 40-9.5-101 — CO Code / Title 40 / Article 9.5 / Part 1 / Section 40-9.5-101
40-9.5-101. Legislative declaration
Status: in_force

40-9.5-101. Legislative declaration. The general assembly hereby finds and declares that cooperative electric associations which are owned by the member-consumers they serve are regulated by the member-consumers themselves acting through an elected governing body. It is further declared that the regulation by the public utilities commission under the "Public Utilities Law", articles 1 to 7 of this title, may be duplicative of the self-regulation by the association and may be neither necessary nor cost-effective. It is therefore the purpose of this part 1 to determine the necessity of regulation by the public utilities commission by allowing cooperative electric associations to exempt themselves from regulation by the public utilities commission.
C.R.S. § 40-20-109 — CO Code / Title 40 / Article 20 / Part 1 / Section 40-20-109
40-20-109. Dining cars need no license
Status: in_force

40-20-109. Dining cars need no license. No person or corporation shall be required to obtain or pay any town, city, county, or state license or tax within the state of Colorado by reason of furnishing or serving to passengers upon any railroad train meals, luncheons, or refreshments in any hotel car, dining car, or buffet car operated by such person or corporation.
C.R.S. § 40-10.1-801 — CO Code / Title 40 / Article 10.1 / Part 8 / Section 40-10.1-801
40-10.1-801. Permit requirements - rules
Status: in_force

40-10.1-801. Permit requirements - rules. (1) (a) Effective January 1, 2020, a person shall not operate or offer to operate as a vehicle booting company in intrastate commerce without first having obtained a permit from the commission in accordance with this article 10.1.

(b) A person may apply for a permit under this part 8 to the commission in the form and with the information as the commission requires. Permits are valid for one year after the date of issuance.

(2) The commission may deny an application under this part 8 of a person who has, within the immediately preceding five years, been convicted of, or pled guilty or nolo contendere to, a felony. The commission may also deny an application under this part 8 or refuse to renew the permit of a vehicle booting company based upon a determination that the vehicle booting company or any of its owners, principals, officers, members, partners, or directors has not satisfied a civil penalty arising out of any administrative or enforcement action brought by the commission.

(3) (a) Except as otherwise provided in subsection (2) of this section and section 40-10.1-112 (4), the commission shall issue a permit to a vehicle booting company upon completion of the application and the filing of proof of workers' compensation insurance coverage in accordance with the "Workers' Compensation Act of Colorado", articles 40 to 47 of title 8, and with the financial responsibility requirements of this title 40 and may attach to the permit and to the exercise of the rights granted by the permit any restrictions, terms, and conditions, including altering the rates and charges of the applicant, as are reasonably deemed necessary for the protection of the property of the public.

(b) If a vehicle booting company violates this article 10.1, any other applicable provision of law, or any rule or order of the commission issued under this article 10.1 and as a result is ordered by a court or by the commission to pay a fine or civil penalty that the vehicle booting company subsequently fails to pay in full within the time prescribed for payment, and not before the decision imposing the fine or civil penalty becomes a final decision by the commission, then:

(I) The vehicle booting company's permit is revoked immediately; and

(II) The vehicle booting company, its owners, principals, officers, members, partners, and directors, and any other entity owned or operated by one or more of those owners, principals, officers, members, partners, or directors, may be disqualified from obtaining or renewing any operating authority under this title 40 for a period of five years after the date on which the fine or civil penalty was due. The period of disqualification pursuant to this subsection (3)(b)(II) is in addition to, and not in lieu of, and does not affect, any other penalty or period of disqualification, including the period of disqualification specified in section 40-10.1-112 (4).

(c) A vehicle booting company's facilities and vehicles are subject to inspection by the commission and by authorized personnel of the Colorado state patrol, which agency shall promptly report to the commission concerning any violations revealed by an inspection.

(4) The commission may promulgate rules as necessary and reasonable to implement this part 8, including rules regarding signage and drop fees.

(5) There is hereby created in the state treasury the vehicle booting cash fund, referred to in this section as the "fund", consisting of any fee revenue collected by the commission pursuant to this part 8 and transmitted to the state treasurer for credit into the fund and any other money that the general assembly may appropriate or transfer to the fund. The money in the fund is continuously appropriated to the commission for its implementation of this part 8. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
C.R.S. § 40-4-101 — CO Code / Title 40 / Article 4 / Section 40-4-101
40-4-101. Regulations, service, and facilities prescribed
Status: in_force

40-4-101. Regulations, service, and facilities prescribed. (1) Whenever the commission, after a hearing upon its own motion or upon complaint, finds that the rules, regulations, practices, equipment, facilities, or service of any public utility or the methods of manufacture, distribution, transmission, storage, or supply employed by it are unjust, unreasonable, unsafe, improper, inadequate, or insufficient, the commission shall determine the just, reasonable, safe, proper, adequate, or sufficient rules, regulations, practices, equipment, facilities, service, or methods to be observed, furnished, constructed, enforced, or employed and shall fix the same by its order, rule, or regulation.

(2) The commission shall prescribe rules and regulations for the performance of any service or the furnishing of any commodity of the character furnished or supplied by any public utility, and upon proper tender of rates, such public utility shall furnish such commodity or render such service within the time and upon the conditions provided in such rules.

(3) The commission shall prescribe rules and regulations for the termination of gas and electric service to residential customers. Said rules and regulations shall require that the customer be given reasonable notice and an opportunity to be heard by the terminating utility company before termination of gas or electric service and that such service may not be terminated during certain periods if the customer establishes that termination of the service would be especially dangerous to the health or safety of the customer and that he is unable to pay for the service as regularly billed by the utility, or that he is able to pay but only in reasonable installments.
C.R.S. § 40-6-117 — CO Code / Title 40 / Article 6 / Section 40-6-117
40-6-117. Priority on court calendar
Status: in_force

40-6-117. Priority on court calendar. All actions and proceedings under this title, and all actions or proceedings to which the commission or the people of the state of Colorado may be parties, and in which any question arises under this title or under or concerning any decision of the commission, shall be preferred over all other civil causes except election causes and shall be heard and determined in preference to all other civil business except election causes, irrespective of position on the calendar. The same preference shall be granted upon application of the attorney general in any action or proceeding in which he may be allowed to intervene.
C.R.S. § 40-10.1-401 — CO Code / Title 40 / Article 10.1 / Part 4 / Section 40-10.1-401
40-10.1-401. Permit requirements - rules
Status: in_force

40-10.1-401. Permit requirements - rules. (1) (a) A person shall not operate or offer to operate as a towing carrier in intrastate commerce without first having obtained a permit therefor from the commission in accordance with this article.

(b) A person may apply for a permit under this part 4 to the commission in such form and with such information as the commission may require. Permits are valid for one year after the date of issuance.

(2) (a) (I) The commission may deny an application for or suspend, revoke, or refuse to renew a permit under this part 4 of a person that has, within the immediately preceding five years, been convicted of, or pled guilty or nolo contendere to, a felony or a towing-related offense. The commission may also deny an application under this part 4 or suspend, revoke, or refuse to renew the permit of a towing carrier based upon a determination that the towing carrier or any of its owners, principals, officers, members, partners, or directors has not satisfied a civil penalty arising out of an administrative or enforcement action brought by the commission.

(II) A towing carrier that applies for a permit or that applies to renew a permit shall disclose to the commission each person that is identified as a principal in accordance with rules promulgated by the commission.

(b) The commission may deny an application for or suspend, revoke, or refuse to renew a permit of a towing carrier under this part 4 based on a determination that it is not in the public interest for the towing carrier to possess a permit. The determination is subject to appeal in accordance with commission rules. It is rebuttably presumed that a towing carrier's possession of a permit is not in the public interest if the towing carrier has willfully and repeatedly failed to comply with this article 10.1 or part 18 or 21 of article 4 of title 42.

(3) (a) Except as otherwise provided in subsection (2) of this section and section 40-10.1-112 (4), the commission shall issue a permit to a towing carrier upon completion of the application and the filing of proof of workers' compensation insurance coverage in accordance with the "Workers' Compensation Act of Colorado", articles 40 to 47 of title 8, C.R.S., and with the financial responsibility requirements of this article and may attach to the permit and to the exercise of the rights granted by the permit such restrictions, terms, and conditions, including altering the rates and charges of the applicant, as are reasonably deemed necessary for the protection of the property of the public.

(b) If a towing carrier violates this article 10.1, any other applicable provision of law, or any rule or order of the commission issued under this article 10.1 and as a result is ordered by a court or by the commission to pay a fine or civil penalty that the towing carrier subsequently fails to pay in full within the time prescribed for payment, and not before the decision imposing the fine or civil penalty becomes a final decision by the commission, then:

(I) The towing carrier's permit is revoked immediately; and

(II) The towing carrier, its owners, principals, officers, members, partners, and directors, and any other entity owned or operated by one or more of those owners, principals, officers, members, partners, or directors, may be disqualified from obtaining or renewing any operating authority under this article for a period of five years after the date on which the fine or civil penalty was due. The period of disqualification pursuant to this subparagraph (II) is in addition to, and not in lieu of, and does not affect, any other penalty or period of disqualification, including the period of disqualification specified in section 40-10.1-112 (4).

(c) A towing carrier's facilities and vehicles are subject to inspection by the commission and by authorized personnel of the Colorado state patrol, which shall promptly report to the commission concerning any violations revealed by an inspection.
C.R.S. § 40-3-105 — CO Code / Title 40 / Article 3 / Section 40-3-105
40-3-105. Free and reduced service or transportation prohibited - exceptions
Status: in_force

40-3-105. Free and reduced service or transportation prohibited - exceptions. (1) No public utility shall, directly or indirectly, issue, give, or tender any free service, ticket, frank, free pass, or other gratuity of services or any free or reduced rate transportation for passengers or property between points within this state unless a tariff so providing is first filed with and approved by the commission.

(2) Except as otherwise provided in this section, no public utility shall charge, demand, collect, or receive a greater or lesser or different compensation for any product or commodity furnished or to be furnished, or for any service rendered or to be rendered, than the rates, tolls, rentals, and charges applicable to such product or commodity or service as specified in its schedules on file and in effect at the time, nor shall any such public utility refund or remit, directly or indirectly, in any manner or by any device, any portion of the rates, tolls, rentals, and charges so specified, nor extend to any corporation or person any form of contract or agreement or rule or regulation or any facility or privilege except those which are regularly and uniformly extended to all corporations and persons; but the commission may by rule or order establish such exceptions from the operation of this prohibition as it may consider just and reasonable as to each public utility.

(3) (a) Nothing in this article shall prohibit or restrict any public utility from furnishing its service, product, or commodity to, or the receiving of its service, product, or commodity by, its employees, pensioners, officers, directors, or board members at no charge or at charges less than those prescribed in the utility's published schedules or tariffs.

(b) No revenue shall accrue or be credited in the accounts of such utility with respect to such service, product, or commodity furnished at no charge nor with respect to any amounts by which charges for such service, product, or commodity are less than those prescribed in the utility's published schedules or tariffs.
C.R.S. § 40-15-106 — CO Code / Title 40 / Article 15 / Part 1 / Section 40-15-106
40-15-106. Cross-subsidization prohibited - illegal restraint of trade
Status: in_force

40-15-106. Cross-subsidization prohibited - illegal restraint of trade. The price of telecommunications services or products which are not subject to the jurisdiction of the commission shall not be priced below cost by use of subsidization from customers of services and products subject to the jurisdiction of the commission, and any such cross-subsidization is deemed to be an illegal restraint of trade subject to the provisions of article 4 of title 6, C.R.S.
C.R.S. § 40-1-101 — CO Code / Title 40 / Article 1 / Section 40-1-101
40-1-101. Public utilities law
Status: in_force

40-1-101. Public utilities law. Articles 1 to 7 of this title shall be known and may be cited as the "Public Utilities Law" and shall apply to the public utilities and public services described in said articles 1 to 7 and to the commission referred to in article 2 of this title.
C.R.S. § 40-7-103 — CO Code / Title 40 / Article 7 / Section 40-7-103
40-7-103. Not to affect other rights - penalties cumulative
Status: in_force

40-7-103. Not to affect other rights - penalties cumulative. (1) The provisions of articles 1 to 7 of this title shall not have the effect of releasing or waiving any right of action by the state, the commission, or any person or corporation for any right, penalty, or forfeiture which may have arisen or accrued under any law of this state.

(2) All penalties accruing under articles 1 to 7 of this title shall be cumulative of each other, and a suit for the recovery of one penalty shall not be a bar to nor affect the recovery of any other penalty or forfeiture nor be a bar to any criminal prosecution against any public utility, or any officer, director, agent, or employee thereof, or any other corporation or person.
C.R.S. § 40-33-107 — CO Code / Title 40 / Article 33 / Section 40-33-107
40-33-107. Definitions
Status: in_force

40-33-107. Definitions. As used in this article, unless the context otherwise requires:

(1) "Common carrier" includes the receiver or other persons or corporations charged with the duty of management and operation of the business of a common carrier.
C.R.S. § 40-17-101 — CO Code / Title 40 / Article 17 / Section 40-17-101
40-17-101. Legislative declaration
Status: in_force

40-17-101. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that many of Colorado's residents are unable to utilize telecommunications facilities without assistance and are therefore telephone users with disabilities. Telephone users with disabilities include people who are deaf, hard of hearing, speech-impaired, deaf-blind, blind and visually impaired, and those with central nervous system disabilities. Telephone users with disabilities constitute a substantial and valuable resource within the United States and the state of Colorado, and this segment of our population needs access to telecommunications facilities in order to be contributing and productive members of our society. The role of telecommunications in our world today is inestimable. Telecommunications is the primary vehicle of commerce and industry, the means to convey and receive information and knowledge, and is one of the ways we communicate with others on a personal as well as business level. Telecommunications results in greater independence and self-sufficiency by expanding the channels for employment opportunities, the market for goods and services, human contact, and fellowship. Telephone users with disabilities should have equal access to this critical tool, not only for their own sake, but for the benefit of society at large. The ability to use telecommunications will enhance the business and personal lives of telephone users with disabilities while stimulating and promoting economic development in Colorado. The general assembly recognizes the vitality and potential of Colorado's individuals with disabilities, including telephone users with disabilities. Telecommunications is vital to our society, and supporting its availability to telephone users with disabilities is a beneficial investment for all of Colorado.

(2) The general assembly therefore concludes that it is appropriate to provide access to telecommunications for telephone users with disabilities by establishing telecommunications relay services that replace and expand the dual party relay system required pursuant to this article as the article existed prior to July 1, 1992.
C.R.S. § 40-6-106 — CO Code / Title 40 / Article 6 / Section 40-6-106
40-6-106. Power to inspect books and accounts
Status: in_force

40-6-106. Power to inspect books and accounts. The commission, each commissioner, and any person employed by the commission shall have the right to inspect the records and documents of any public utility; and the commission, each commissioner, or any employee authorized to administer oaths has the power to examine under oath any officer, agent, or employee of such public utility in relation to the business and affairs of said public utility. Any person other than a commissioner demanding such inspection shall produce under the hand and seal of the commission his authority to make such inspection; and a written record of the testimony or statement so given under oath shall be made and filed with the commission.
C.R.S. § 40-15-404 — CO Code / Title 40 / Article 15 / Part 4 / Section 40-15-404
40-15-404. Dispute - interconnection or access
Status: in_force

40-15-404. Dispute - interconnection or access. In the event of a dispute between providers of telecommunications services or products deregulated pursuant to this part 4 concerning the terms, conditions, quality, or compensation for the interconnection or access of lines or facilities between providers, any such provider may apply to the commission for resolution of such dispute. After notice and hearing, the commission shall enter its decision resolving any such interconnection or access dispute.
C.R.S. § 40-24-105 — CO Code / Title 40 / Article 24 / Section 40-24-105
40-24-105. New bridges - construction and maintenance
Status: in_force

40-24-105. New bridges - construction and maintenance. Whenever it becomes necessary to build or construct any new bridges or culverts on any county road over or along which any person, company, corporation, or association is operating and maintaining an electric railroad, said person, company, corporation, or association shall pay to the party constructing or erecting the same one-half of the expense for the erection and construction of the bridges or culverts which are used jointly by the public and said railroad and shall thereafter pay one-half of the necessary expense of keeping said bridges or culverts used jointly by the public and said railroad in good repair; and the county in which said county road is situated shall contribute and pay out of the county road fund the other one-half of the expense for the construction and maintenance thereafter of any such culverts or bridges. Said bridges or culverts shall be constructed under the joint supervision of the owner or operator of said electric railroad and the board of county commissioners of such county.
C.R.S. § 40-15-101 — CO Code / Title 40 / Article 15 / Part 1 / Section 40-15-101
40-15-101. Legislative declaration
Status: in_force

40-15-101. Legislative declaration. The general assembly hereby finds, determines, and declares that it is the policy of the state of Colorado to promote a competitive telecommunications marketplace while protecting and maintaining the wide availability of high-quality telecommunications services. Such goals are best achieved by legislation that brings telecommunications regulation into the modern era by guaranteeing the affordability of basic telephone service while fostering free market competition within the telecommunications industry. The general assembly further finds that the technological advancements and increased customer choices for telecommunications services generated by such market competition will enhance Colorado's economic development and play a critical role in Colorado's economic future. However, the general assembly recognizes that the strength of competitive force varies widely between markets and products and services. Therefore, to foster, encourage, and accelerate the continuing emergence of a competitive telecommunications environment, the general assembly declares that flexible regulatory treatments are appropriate for different telecommunications services.
C.R.S. § 40-9.5-104 — CO Code / Title 40 / Article 9.5 / Part 1 / Section 40-9.5-104
40-9.5-104. Procedure for exemption - election
Status: in_force

40-9.5-104. Procedure for exemption - election. (1) (a) The board of directors of each cooperative electric association may, at its option, submit the question of its exemption from the "Public Utilities Law", articles 1 to 7 of this title, to its members and its consumers. Approval by a majority of those voting in the election shall be required for such exemption.

(b) The board of directors of the cooperative electric association shall be responsible for mailing the ballots to all members and consumers of the association, for counting the returned ballots, and for determining the result of the election and shall also be responsible for insuring that the election is not held in a dishonest, corrupt, or fraudulent manner. The ballot shall contain the following language:

"Shall ...... (name of the cooperative electric association) be exempt from regulation by the public utilities commission of the state of Colorado?

( ) Yes ( ) No"

(c) The ballot must be postmarked or returned in an envelope accompanying the ballot with return postage paid within thirty days after it was mailed to the member or consumer.

(d) The results of the election held pursuant to this subsection (1) shall be certified by the secretary of the board of directors of the cooperative electric association no later than sixty days after the ballots are mailed to the members and consumers, and said secretary shall file the results with the director of the public utilities commission.

(2) Upon an affirmative vote of the members and consumers of the cooperative electric association on the question of exempting said association, the association shall be exempt from the "Public Utilities Law", articles 1 to 7 of this title, beginning on the date the election results are filed with the public utilities commission.
C.R.S. § 40-20-104 — CO Code / Title 40 / Article 20 / Part 1 / Section 40-20-104
40-20-104. May guarantee bonds and interest
Status: in_force

40-20-104. May guarantee bonds and interest. It is lawful for any railroad company organized, existing, or doing business in the state of Colorado under the laws of the state of Colorado, upon good consideration, to guarantee the payment of any mortgage, mortgage bonds, or interest coupons of any other railroad connecting with said first named railroad. It is also lawful for any such railroad, upon good consideration, to guarantee to said road the payment of interest upon its capital stock.
C.R.S. § 40-24-104 — CO Code / Title 40 / Article 24 / Section 40-24-104
40-24-104. Railroad to maintain and keep joint road and bridges in good repair
Status: in_force

40-24-104. Railroad to maintain and keep joint road and bridges in good repair. Any person, company, corporation, or association to whom any such right-of-way and franchise is granted shall construct and maintain its railroad on either side of the county road, and, at its own expense and in good substantial manner, shall strengthen and repair all bridges and culverts on said county road which are used or occupied jointly by said electric railroad and the traveling public, and, thereafter during the existence of said franchise, shall contribute and pay not less than one-half of the necessary expense of keeping said bridges and culverts in good repair, and shall pay all expense of keeping public and private crossings planked and in good repair, and, at its own expense, shall widen to not less than twenty-four feet all bridges, culverts, cuts, and embankments on said public highway which are used or occupied jointly by said electric railroad and the traveling public.