C.R.S. § 40-20-309 — CO Code / Title 40 / Article 20 / Part 3 / Section 40-20-309
40-20-309. Rail district maintenance and safety fund - created
Status: in_force

40-20-309. Rail district maintenance and safety fund - created. (1) The rail district maintenance and safety fund is hereby created in the state treasury. The fund consists of any money credited to the fund pursuant to section 40-20-308 (3) and any other money that the general assembly may appropriate or transfer to the fund.

(2) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.

(3) (a) For the 2025-26 state fiscal year and each state fiscal year thereafter, money in the fund is annually appropriated to the transit and rail division in the department of transportation. The division may expend the money received for the purposes of:

(I) Safety planning and development during the research, development, and construction of a passenger rail system;

(II) Planning, design, construction, or maintenance and operation of safety improvements on any railroad or railroad crossing in the state; and

(III) Completing capital development projects to improve the safety of a passenger rail system.

(b) Money in the fund is not intended to increase the number of full-time employees of the department of transportation.
C.R.S. § 40-2-136 — CO Code / Title 40 / Article 2 / Part 1 / Section 40-2-136
40-2-136. Energy storage systems - terms and conditions for installation, interconnection,
Status: in_force

40-2-136. Energy storage systems - terms and conditions for installation, interconnection, and use by cooperatives - legislative declaration - definitions. (1) (a) The general assembly finds and determines that:

(I) Cardinal principles of cooperative electric associations include democratic member control, autonomy, and independence; and

(II) Rapidly evolving technologies in generation, energy storage, and demand management offer cooperative electric associations a variety of options to meet the needs of their members reliably.

(b) Therefore, the general assembly declares that:

(I) It is in the public interest to limit barriers to the installation, interconnection, and use of energy storage systems by cooperative electric associations in Colorado; and

(II) Cooperative electric associations in Colorado should be able to install, interconnect, and use energy storage systems that are connected to the cooperative electric association's electrical system and will not, at any time, flow onto the transmission facilities of a wholesale electric cooperative or other third party without prior agreement as part of meeting their members' needs for reliable, affordable energy without unfair or discriminatory rates or fees.

(2) A wholesale electric cooperative shall not subject the installation, interconnection, or use of an energy storage system by a retail cooperative electric association to any unjust, unreasonable, discriminatory, or preferential charge, classification, contract, fare, fee, practice, rate, regulation, rule, schedule, service, or toll.

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

(a) "Cooperative electric association" means a nonprofit electric corporation or association other than a wholesale electric cooperative.

(b) "Energy storage system" has the meaning set forth in section 40-2-202 (2).

(c) "Wholesale electric cooperative" means any generation and transmission cooperative electric association that provides wholesale electric service directly to cooperative electric associations.
C.R.S. § 40-32-112 — CO Code / Title 40 / Article 32 / Section 40-32-112
40-32-112. Penalty
Status: repealed

40-32-112. Penalty. (Repealed)
C.R.S. § 40-5-104 — CO Code / Title 40 / Article 5 / Section 40-5-104
40-5-104. Acquisition by municipality
Status: in_force

40-5-104. Acquisition by municipality. (1) Any municipality which has acquired or constructed any public utility plant, property, or facility has the power to contract with a public utility for the operation of any part or the whole thereof, subject to the provisions of articles 1 to 7 of this title and to exercise, in respect to such public utility, the powers of regulation and supervision conferred upon it by the commission.

(2) Sections 40-5-101 to 40-5-104 shall not apply to railroads.
C.R.S. § 40-9.5-114 — CO Code / Title 40 / Article 9.5 / Part 1 / Section 40-9.5-114
40-9.5-114. Public utilities commission - fees
Status: in_force

40-9.5-114. Public utilities commission - fees. No cooperative electric association which has voted to exempt itself from the "Public Utilities Law", articles 1 to 7 of this title, and to be subject to the provisions of this part 1 shall be required to pay to the public utilities commission the fees imposed by the provisions of article 2 of this title; except that, for any year in which the commission is required, pursuant to section 40-9.5-105 or 40-9.5-113, to act with respect to an exempt cooperative electric association, such exempt association shall pay to the commission actual and necessary costs not to exceed twenty-five percent of the fees that it would have been liable for under the provisions of article 2 of this title if regulated by the commission.
C.R.S. § 40-31-102 — CO Code / Title 40 / Article 31 / Section 40-31-102
40-31-102. Overcharges - recovery - damages
Status: in_force

40-31-102. Overcharges - recovery - damages. (1) All overcharges made by any such railroad corporation or the lessee or receiver thereof or other person operating the same and all claims for loss or damage shall be paid by the representative of such railroad corporation or the lessee or receiver thereof or other person operating the same, appointed as provided in section 40-31-101, within sixty days after the same has been duly presented to such representative or agent for settlement accompanied by the expense bill of the freight on which such overcharge has been made or loss or damage suffered, together with a statement, properly verified, of the amount of such overcharge, loss, or damage. If any such railroad corporation or the lessee or receiver thereof or other person operating the same fails to refund the amount of such overcharge, loss, or damage within the time aforesaid, the person or corporation so suffering the same may recover from the railroad company or the lessee or receiver thereof or other person operating the same so in default the sum of one hundred dollars for each month and fraction of a month during which said company or the lessee or receiver thereof or other person operating the same is in default, which said sum may be recovered by the parties so aggrieved or their assignees in any court of competent jurisdiction.

(2) In any suit brought under this section, service upon such agent or representative of said railroad company or the lessee or receiver thereof or other person operating the same shall be deemed and held proper service upon such railroad company or the lessee or receiver thereof or other person operating the same; but the claimant shall not recover such penalty unless he recovers a larger amount in a court than the sum tendered him by such railroad corporation, agent, representative, lessee, or receiver or other person.
C.R.S. § 40-8.7-107 — CO Code / Title 40 / Article 8.7 / Section 40-8.7-107
40-8.7-107. Disposition of contributions and charges
Status: in_force

40-8.7-107. Disposition of contributions and charges. (1) Each utility collecting optional energy assistance contributions pursuant to section 40-8.7-104 (2) and each water utility collecting optional contributions pursuant to section 40-8.7-104.3 (1) shall transfer the money collected to the organization on the following schedule:

(a) For the moneys collected during the period of January 1 to March 31 of each year, the utility shall transfer the collected moneys to the organization before May 1 of such year;

(b) For the moneys collected during the period of April 1 to June 30 of each year, the utility shall transfer the collected moneys to the organization before August 1 of such year;

(c) For moneys collected during the period of July 1 to September 30 of each year, the utility shall transfer the collected moneys to the organization before November 1 of such year; and

(d) For moneys collected during the period of October 1 to December 31 of each year, the utility shall transfer the collected moneys to the organization before February 1 of the next year.

(1.5) (a) An investor-owned utility collecting the energy assistance system benefit charge pursuant to section 40-8.7-104 (2.5) shall transfer the money collected in accordance with the schedule established in subsection (1) of this section.

(b) Except as provided in section 40-8.7-108 (2)(b), the organization shall use the money collected from each investor-owned utility pursuant to section 40-8.7-104 (2.5) to help finance direct utility bill payment assistance and energy retrofits provided to low-income households within that investor-owned utility's service territory or within the service territory of an affiliated investor-owned utility.

(c) Notwithstanding section 40-3-114, a utility regulated by the public utilities commission may use funds collected from its customers for the purpose of complying with a statutory requirement to finance low-income energy assistance programs.

(2) Each utility shall provide the organization with a summary of how the moneys collected were generated, including the number of customers participating in the program.

(3) The organization shall pay the public utilities commission from the moneys transferred to the organization pursuant to subsection (1) of this section for any administrative costs incurred pursuant to this article.
C.R.S. § 40-2-122 — CO Code / Title 40 / Article 2 / Part 1 / Section 40-2-122
40-2-122. Natural gas - deregulation of supply - voluntary separation of service offerings
Status: repealed

40-2-122. Natural gas - deregulation of supply - voluntary separation of service offerings - consumer protection - legislative declaration - definition - rules. (1) The general assembly finds, determines, and declares that natural gas service is essential to the health and well-being of all Colorado natural gas customers. The general assembly further finds, determines, and declares that natural gas is traded in competitive markets at the wellhead and in downstream markets for sale to utilities, industrial customers, and large commercial customers and there may be the potential for natural gas also to be traded competitively for sale to all other classes of consumers. As a result, it may be predicted that competition in the natural gas supply market may increase the choices available to consumers and reduce the price of such service. Accordingly, it is the policy of the state of Colorado to encourage competition after a reasonable transition period during which consumers are educated about choices in natural gas supply that are now available or will be available in the future. The commission is authorized to approve voluntary plans consistent with this section that separate the sale of natural gas to retail customers into natural gas delivery and natural gas supply and, after a transition period, deregulate the charge for natural gas supply where the commission finds that the plan provides customers with adequate choices, ensures the provision of reliable natural gas supply on a fallback basis on terms and conditions that are just and reasonable to all customers, promotes the development of a competitive market for gas supply, limits the unreasonable exercise of market power, and retains and enhances programs to support low-income consumers.

(2) (a) Natural gas public utilities shall continue to be regulated with respect to their delivery functions and shall be required to continue to offer nondiscriminatory natural gas delivery services over their pipeline systems so that Colorado natural gas consumers, both individually and on an aggregated basis, shall have ready access to natural gas supply from among competing sources.

(b) Any natural gas public utility providing for individual consumer choice between competing suppliers shall implement a separately stated distribution charge, applicable to all customers regardless of the identity of the natural gas supplier and denoted as a "public benefits charge", to help defray the costs associated with funding low-income energy assistance programs such as bill assistance and weatherization for residential energy consumers in Colorado, subject to the following conditions:

(I) The total amount collected annually through such public benefits charge shall be at least three-quarters of one percent of the real dollar equivalent of each utility's 1998 nominal-dollar regulated gas revenues received for the geographic area or group of customers that is subject to the plan. Additionally, within one year following the implementation of the first natural gas supplier choice program by a natural gas utility that affects a significant number of low-income households, the public benefits charges for all natural gas public utilities that have implemented a voluntary plan shall be set at a level sufficient to raise a total additional sum of one hundred fifty thousand dollars to fund the study provided for in subsection (12) of this section.

(II) The public benefits charge shall be separately stated on each customer's bill for natural gas delivery service in the same manner and with the same prominence as is the charge to defray the utility's transition costs; and

(III) The public benefits charge shall be imposed on all natural gas delivered by the utility in a manner that is competitively neutral and nonbypassable.

(c) The governing body of each municipal utility providing natural gas service shall have the authority to consider and approve or reject a voluntary plan submitted by the natural gas municipal utility, for all or a portion of its service territory, that provides for:

(I) The separation of natural gas service into natural gas supply service and natural gas delivery service; and

(II) The deregulation of municipal natural gas supply service. In making a determination to approve or reject the voluntary plan submitted, the governing body shall apply the criteria set forth in paragraph (c) of subsection (3) of this section, but only to the extent applicable to municipal utility operations.

(d) (I) If the governing body of a municipality approves a plan for the voluntary separation of natural gas service offerings and the deregulation of natural gas supply, the municipal utility may request authority from the governing body of the municipality to treat any proposed contracts or agreements for natural gas supply service being negotiated by the municipal utility as confidential information until such contracts or agreements are formally executed. Upon such request, the governing body of the municipality shall hold a hearing to determine whether confidential treatment of such contracts is warranted in order to allow the municipal utility to compete effectively as a provider of natural gas supply service.

(II) If, after a hearing pursuant to subparagraph (I) of this paragraph (d), the governing body determines that confidential treatment of the contracts is warranted, then:

(A) Such contracts shall not be subject to public disclosure under section 24-72-203, C.R.S., until formally executed by the parties; and

(B) Discussion by the governing body of such contracts or the contents thereof prior to execution may properly be the subject of an executive session, as the term is used in section 24-6-402, C.R.S. This paragraph (d) shall not be construed to limit or condition the governing body's authority to meet in executive session for any other reason enumerated in section 24-6-402, C.R.S.

(e) The commission or other governing body shall retain the authority to establish guidelines regarding gas transportation service. Such guidelines may include, but are not limited to, provisions concerning the establishment of rates, terms, and conditions for the provisioning of gas transportation services by a natural gas public utility, regardless of whether the utility has an approved voluntary plan.

(3) (a) The commission is hereby granted the authority to consider and approve, reject, or approve with modifications a voluntary plan submitted by a natural gas public utility, for all or a portion of its service territory, that:

(I) Provides for the separation of natural gas service into natural gas supply service and natural gas delivery service; and

(II) Allows for competition in natural gas supply service.

(b) The commission may also consider and approve, reject, or approve with modifications as a part of any plan submitted in accordance with paragraph (a) of this subsection (3), the proposal of a natural gas public utility to participate as a competing supplier of natural gas. If the commission finds that a utility's plan meets the criteria set forth in paragraph (c) of this subsection (3) and is in the public interest, the commission shall approve the plan. If the plan is approved or approved with modifications, the commission shall determine the requirements or conditions under which the natural gas public utility shall be permitted to offer supply service. The commission may, without limitation, determine that the natural gas public utility shall be permitted to compete as a supplier of natural gas on an unregulated basis or determine that the natural gas public utility shall be permitted to compete as a supplier of natural gas on an unregulated basis only through an affiliate. Alternatively, the commission may establish such requirements or conditions as are in the public interest considering the market position of the natural gas public utility. After the plan is approved, all natural gas supply service, other than fallback service, established under the plan as a competitive service shall thereafter be sold on an unregulated basis without an obligation to serve.

(c) The commission shall not approve a plan submitted pursuant to subsection (3)(a) of this section unless the price charged for natural gas delivery services does not subsidize natural gas supply service under the plan and, in addition, the plan:

(I) Provides for nondiscriminatory natural gas delivery service over the public utility's pipelines so that all natural gas consumers covered by the plan, including those who are currently transportation customers of the natural gas public utility, shall have ready access to natural gas supply service from competing sources;

(II) Does not present any unnecessary barriers that prevent or reduce ready access to natural gas supply service for all classes of consumers, including ensuring nondiscriminatory access to upstream capacity and storage services by all competitors;

(III) Establishes safeguards to eliminate the unreasonable exercise of market power by any person to the detriment of consumers or competitors;

(IV) Provides for consumer protection deemed necessary by the commission to assure reliable natural gas supply service, taking into consideration the needs of consumers. Such protections may include, but shall not be limited to, backup gas supply availability, excess peak day supply margins, standards of conduct, and full-rate recovery of any prudent costs incurred by a natural gas public utility related to any reasonable efforts the utility may undertake to avoid gas supply interruptions to consumers served by its delivery system.

(V) Further provides for those consumer protections deemed necessary by the commission to assure that fallback retail natural gas supply service, on a firm basis with adequate backup, is available to customers under reasonable terms and conditions. Such fallback retail natural gas supply service protection may or may not be provided by the incumbent natural gas public utility. These protections shall include, but are not limited to, the development of a commission-approved standard offer gas supply service or the use of a commission-approved competitive bidding process to assure that natural gas supply is available at fair and reasonable prices for those customers who do not receive supply offers, who do not select a competitive natural gas provider, who are refused service by a supplier, whose service is canceled by a supplier, who need service while moving or during other transitions, or whose supplier fails to supply service. If a utility provides regulated fallback service, the utility shall be allowed to recover all prudently incurred costs related to the provision of fallback supplies through regulated standard offer gas supply service.

(VI) Provides for consumer education concerning the natural gas public utility's restructuring of its rates and the choices that will be made available to consumers in the competitive supply market;

(VII) Does not degrade the integrity or reliability of natural gas delivery service or of any upstream third-party pipeline and storage services that are necessary to maintain such reliability and that may be held by the public utility as part of the plan; except that this subparagraph (VII) shall not preclude the necessary upstream third-party pipeline and storage services from being held by competitive natural gas providers unless the commission finds that such condition results in a degradation of the integrity or reliability of natural gas distribution service;

(VIII) Provides for funding of low-income energy assistance programs such as bill assistance and weatherization through the assessment of a separately stated distribution charge, denoted a "public benefits charge", consistent with the authority of the utility to collect the public benefits charge as established in this section. The moneys received through the implementation of the public benefits charge shall be administered by the Colorado energy assistance foundation, which is the entity created under section 40-8.5-104, or its successor, to be used for the purposes of low-income energy assistance payments and programs, low-income weatherization assistance and programs, low-income energy education, and energy conservation. The Colorado energy assistance foundation shall file a report with the commission annually showing amounts of money collected under the public benefits charge and demonstrating that the moneys were used to fund low-income energy assistance programs as established herein.

(IX) Contains all terms and conditions that the commission deems necessary to protect the public interest and to foster competition in the supply of natural gas, including, without limitation, terms and conditions that address the following issues:

(A) The manner in which price and terms and conditions should be disclosed;

(B) The extent to which natural gas utilities and suppliers are obligated to serve all customers;

(C) Appropriate credit and collection practices;

(D) The terms under which service may be discontinued;

(E) How partial payments are allocated;

(F) Protecting customer privacy;

(G) Prohibiting unfair and deceptive marketing practices; and

(H) The degree of access to customer information needed by suppliers to promote competition;

(X) Provides that, as an aspect of implementing the plan, no consumer's natural gas supplier may be changed without the consumer's prior express consent except as ordered by the commission. Either through rule-making or through consideration of methodology proposed in the plan, the commission shall establish allowable express consent verification methods which may include written confirmation, third-party oral confirmation, or other appropriate procedures. The commission shall also establish and determine the extent to which a supplier who causes consumers to be changed without their consent is liable to those consumers and their chosen providers.

(XI) Provides for funding of the commission and the office of the utility consumer advocate based upon a charge to end-use customers, as determined by the commission, as a part of the natural gas delivery function, regardless of the identity of the natural gas supplier. Such new funding method must be competitively neutral and shall be designed to generate annual revenues equivalent to the average annual revenues generated under sections 40-2-109 to 40-2-114 during calendar years 1994 to 1998 associated with the sale of natural gas service from the geographic area or group of customers affected by the plan. Whenever such new funding method is instituted for any specific geographic area or group of customers, the natural gas public utilities serving the area or group shall no longer pay the fees that would otherwise have been required under the sections.

(XII) (A) Maintains regulated, cost-based rates for gas supply service from the public utility until such time as, in the aggregate, no less than thirty-three and one-third percent of the customers covered by a plan are served by competitive natural gas providers, which may include affiliates of the public utility; there are a minimum of five competitive natural gas providers not affiliated with the public utility unless the commission determines that, in geographic areas covered by the plan, less than five competitive natural gas suppliers provide effective competition; and the competitive natural gas suppliers not affiliated with the public utility serve no less than eighteen percent of the customers covered by a plan. When these conditions are met, the public utility supply service to the geographic area or to customers covered by a plan may be deregulated and the fallback supply provision of the plan shall become effective.

(B) For purposes of this subparagraph (XII), the number of customers served by competitive natural gas suppliers shall be determined based on the number of natural gas meters served by competitive natural gas suppliers in the geographic area covered by the plan, other than those meters served under the natural gas utility's gas transportation tariffs at the time the plan is implemented, whether directly or through a marketer or broker, compared to the total number of natural gas meters in the geographic area covered by the plan.

(4) If the commission approves a natural gas public utility's voluntary plan with modifications, the utility shall have the option to reject the modified plan and continue to be regulated as before. However, if a natural gas public utility exercises this option, it may not file another voluntary plan for a minimum of two years unless otherwise permitted by the commission and it may not recover in rates the costs and administrative charges incurred associated with the design and litigation of its voluntary plan proposal.

(5) The department of revenue is hereby authorized to collect funding for the commission and the office of the utility consumer advocate in accordance with subsection (3)(c)(XI) of this section.

(6) The commission shall establish, by rule or by alternative filing by natural gas public utilities or gas supply companies, such certification requirements, terms and conditions for gas supply service, reporting requirements, and compliance procedures for competitive suppliers, aggregators other than municipalities or counties operating as aggregators within their jurisdictional boundaries, or brokers as the commission deems necessary to provide Colorado retail consumers with reliable natural gas supply service. Such requirements may include, without limitation, complaint procedures for enforcement of the commission's rules and procedures for the suspension or revocation of certification and operating authority of competitive suppliers, aggregators other than municipalities or counties operating as aggregators within their jurisdictional boundaries, or brokers for violation of commission rules as well as the assessment of fines and penalties for violations of commission rules and standards of conduct, in addition to other commission rules and enforcement mechanisms. In the certification requirements the commission shall require natural gas suppliers to operate a customer service location in the state and provide customers with a toll-free telephone number to reach the natural gas supplier.

(7) (a) The commission shall permit each natural gas public utility recovery, through its tariff rates for delivery of natural gas, of all or a portion of the utility's transition costs as may be just and reasonable if such recovery, for transition costs other than costs identified in sub-subparagraphs (G) and (H) of subparagraph (II) of paragraph (b) of this subsection (7), does not increase the annual charges for regulated gas delivery service in excess of one percent of the utility's jurisdictional gas revenues booked or recorded in calendar year 1998 unless the utility is thereby unable to recover such transition costs as may be approved by the commission pursuant to this subsection (7) within fifteen years. In such a case, the commission shall ensure that the recovery of the utility's transition costs, excluding those identified in sub-subparagraphs (G) and (H) of subparagraph (II) of paragraph (b) of this subsection (7), does not increase the annual charges for regulated gas delivery service in excess of two percent of the utility's jurisdictional gas revenues booked or recorded in calendar year 1998. To the extent the commission approves the recovery of transition costs identified in sub-subparagraphs (G) and (H) of subparagraph (II) of paragraph (b) of this subsection (7), those costs shall be recovered over a reasonable period of time, as determined by the commission.

(b) (I) As used in this subsection (7), "transition costs" means all costs determined by the commission to be legitimate, verifiable, and prudently incurred in the provision of natural gas service to customers in Colorado that arise from or are related to contracts, investments, or other obligations existing on or before the date of implementation of the voluntary plan and no longer recoverable under the plan, whether such costs are in the form of direct expenditures for capital assets, operating expenses, investments, long-term supply contracts or other future obligations, or any other form.

(II) Transition costs may include, but are not limited to, the following:

(A) Costs and administrative charges incurred by a natural gas public utility resulting from the design and implementation of its voluntary plan;

(B) Costs incurred before, on, or after the date of implementation of the voluntary plan and that are related to preexisting gas supply, transportation, or storage service contracts, including any contract buyout or buy-down costs, contract reformation or termination costs, contract litigation costs, fees, judgments, or settlements, other than those costs that have been the subject of litigation prior to January 1, 1999, as identified in sub-subparagraph (H) of this subparagraph (II);

(C) Investments in assets that are stranded by competition for natural gas supply service;

(D) Interstate or intrastate third-party pipeline costs;

(E) Balancing costs;

(F) Underground storage costs;

(G) Deferred or prior-period gas costs not yet recovered at the time of conversion to competition in the provision of natural gas supply service;

(H) Costs incurred before, on, or after the date of implementation of the voluntary plan and that are related to preexisting gas supply contracts that have been the subject of litigation prior to January 1, 1999, including any above market costs, contract buyout, buy-down, reformation, or termination costs, litigation costs, fees, judgments, or settlements; and

(I) Any other costs that the commission determines to be recoverable transition costs.

(III) Transition costs shall not include:

(A) Costs that are or could be included within the existing rates of the natural gas public utility and that would result in double recovery of such costs if they were so included; or

(B) Costs committed to or incurred after the implementation date of the voluntary plan unless the commission determines that allowing recovery of such costs is in the public interest or that the incurrence of such costs is reasonable and prudent for the purpose of resolving or mitigating other transition costs.

(IV) A natural gas public utility shall not be entitled to recover its transition costs unless the commission finds that the utility has made reasonable efforts to mitigate transition costs. The commission shall determine the appropriate method and amortization period for a utility's recovery of transition costs and may establish such other reasonable procedures and conditions for the recovery of transition costs as the commission may determine are consistent with this section and in the public interest.

(c) Except to the extent provided in plan provisions or rules adopted by the commission governing the relationship between the public utility and its affiliates, the commission shall not impose on a natural gas public utility or its affiliate, with respect to competitive natural gas supply services, any requirement that is not imposed upon competing, non-utility providers of natural gas supply services, unless the commission determines that the imposition of such requirement is necessary to protect the public interest.

(8) The public benefits charge and its funding method shall continue in effect until at least December 31, 2005, and shall remain in effect thereafter until and unless replaced with a different legislatively adopted funding mechanism for statewide low-income energy assistance programs that assures the availability of adequate resources and that is consistent with the recommendations of the 1998 governor's energy assistance reform task force for the purpose of defraying the costs of low-income energy assistance. On or before December 1, 2004, the Colorado energy assistance foundation, which is the entity created under section 40-8.5-104, or its successor, in conjunction with any interested natural gas utility or natural gas supplier, shall recommend such a different funding mechanism for low-income energy assistance programs to the general assembly for adoption.

(9) Repealed.

(10) The general assembly determines that a new funding formula should be devised to adequately fund the commission's and office of the utility consumer advocate's administrative expenses. On or before December 1, 2000, the commission and the office shall recommend to the general assembly those legislative changes needed to develop appropriate funding mechanisms for the public utilities commission and the office. This provision is intended to provide a comprehensive replacement for the funding method contained in the utility plan under subsection (3)(c)(XI) of this section.

(11) The commission is specifically authorized at its sole discretion to adopt all necessary rules in furtherance of this section, including, but not limited to, standards of conduct, unfair and deceptive marketing practices, and consumer protections.

(12) Repealed.

(13) In any area where competitive gas supply choices are afforded to customers, any municipality or county or combination thereof may serve as a competitive supplier or, without buying and selling gas, act as an aggregator of the loads of its residents and businesses and contract with a certified supplier for its gas supply needs and the gas supply needs of its residents or businesses or both such residents and businesses; except that nothing in this subsection (13) shall require either a resident or business to buy natural gas supply service from a municipality serving as a supplier or acting as an aggregator of the loads of its residents or businesses.

(14) Each provider of natural gas supply service and natural gas delivery service shall collect and remit all applicable sales and use taxes. In a transaction involving the sale or furnishing of natural gas service, the transaction shall be deemed to occur where the natural gas is used or consumed.

(15) The commission shall undertake an investigation into natural gas public utilities' supply acquisition practices. The investigation shall examine, among other items, how public utilities currently acquire supply and their ability to manage the risk of price spikes in natural gas markets. Based on the investigation's findings, the commission may provide recommendations as to how natural gas portfolios might be structured in the future so as to provide greater long-term natural gas price stability for consumers. Information from the investigation shall be made available to interested parties at the commission's office. Such portfolio shall include a comparison of costs of natural gas contracts to the cost of coal syngas contracts that may become available in the future.
C.R.S. § 40-2-109.5 — CO Code / Title 40 / Article 2 / Part 1 / Section 40-2-109.5
40-2-109.5. Incentives for distributed generation - definition
Status: in_force

40-2-109.5. Incentives for distributed generation - definition. (1) The commission shall develop a policy to establish incentives for consumers who produce distributed generation, including, but not limited to, small wind turbines, thermal biomass, electric biomass, and solar thermal energy. The commission shall consider whether a credit program similar to the renewable energy standard set forth in section 40-2-124 would work for consumers who produce distributed generation. The commission shall present the policy and findings regarding a credit program to the house of representatives transportation and energy committee and the senate agriculture, natural resources, and energy committee, or their successor committees.

(2) As used in this section, "distributed generation" means a system by which a consumer generates heat or electricity using renewable energy resources for his or her own needs and may also send surplus electrical power back into the power grid.

(3) Effective January 1, 2012, all photovoltaic installations funded wholly or partially through financial incentives under this section shall be subject to the requirements set forth in section 40-2-128.
C.R.S. § 40-3-106 — CO Code / Title 40 / Article 3 / Section 40-3-106
40-3-106. Advantages prohibited - graduated schedules - consideration of household income
Status: repealed

40-3-106. Advantages prohibited - graduated schedules - consideration of household income and other factors - definitions. (1) (a) Except when operating under paragraph (c) or (d) of this subsection (1), a public utility, as to rates, charges, service, or facilities, or in any other respect, shall not make or grant any preference or advantage to a corporation or person or subject a corporation or person to any prejudice or disadvantage. A public utility shall not establish or maintain any unreasonable difference as to rates, charges, service, facilities, or between localities or class of service. The commission may determine any question of fact arising under this section.

(b) Repealed.

(c) A local exchange provider, as defined in section 40-15-102 (18), may enter into a contract, when necessary, specifying non-cost-based rates and conditions particular to that contract with one or more purchasers of services for applications of interactive video technology for purposes of distance learning, video arraignment of defendants in criminal cases, or examination, diagnosis, or treatment of patients in the course of medical practice. When an application is subject to a bidding process by the end user of the service, the local exchange providers offering component elements of interactive video technology pursuant to this paragraph (c) shall offer the component elements relating to a specific application to a specific end user to all bidders, including themselves, if bidding, at the same rates, terms, and conditions. This exception shall not apply to any other regulated service. A provider other than a local exchange provider may offer such interactive video services if such services are provided under the same terms and conditions as specified in this paragraph (c). Each contract entered into under this paragraph (c) shall be filed with the commission for information only.

(d) (I) Notwithstanding any provision of articles 1 to 7 of this title 40 to the contrary, the commission may approve any rate, charge, service, classification, or facility of a gas or electric utility that makes or grants a reasonable preference or advantage to income-qualified utility customers, even if the reasonable preference or advantage applies on a year-round basis, and the implementation of such commission-approved rate, charge, service, classification, or facility by a public utility shall not be deemed to subject any individual or corporation to any prejudice, disadvantage, or undue discrimination.

(II) As used in this subsection (1)(d), an "income-qualified utility customer" means a utility customer who the department of human services, created in section 26-1-105; the organization defined in section 40-8.7-103 (4); or the Colorado energy office, created in section 24-38.5-101, has determined:

(A) Has a household income at or below two hundred percent of the current federal poverty line;

(B) Has a household income at or below eighty percent of the area median income, as published annually by the United States department of housing and urban development; or

(C) Otherwise meets the income eligibility criteria set forth in rules of the department of human services adopted pursuant to section 40-8.5-105.

(III) When considering whether to approve a rate that makes or grants a reasonable preference or advantage to income-qualified utility customers, the commission shall take into account the potential impact on, and cost-shifting to, utility customers other than income-qualified utility customers.

(IV) A commission-approved gas or electric utility rate, charge, service, classification, or facility that makes or grants a reasonable preference or advantage to income-qualified utility customers may apply to income-qualified utility customers on a year-round basis.

(2) Nothing in articles 1 to 7 of this title 40 prohibits a public utility engaged in the production, generation, transmission, or furnishing of heat, light, gas, water, power, or telephone service from establishing a graduated scale of charges subject to this title 40; except that, for rates resulting from a rate design change approved by the commission on or after September 1, 2020, the commission shall require utility revenue or billing adjustment mechanisms to ensure that a utility's change in rate design results in a revenue-neutral outcome. In adopting new rate designs for residential customers, the commission shall evaluate the potential for higher bills due to changes in rate design. Rate designs that disproportionately negatively impact low-income residential customers compared to other residential customers of the utility are presumed to be contrary to the public interest.

(3) Nothing in this section shall prevent the commission from revoking its approval at any time and fixing other rates and charges for the product or commodity or service as authorized by articles 1 to 7 of this title.

(4) The commission shall order a fixed public utility, except a municipally owned utility, to increase its rates only to its customers in a municipality by adding a surcharge to recover the amount such fixed public utility pays to that municipality as a cost of doing business within that municipality under a franchise or pursuant to a license or occupation tax levied by the municipality, so long as the increase in rates by such fixed public utility is pursuant to a method of surcharge approved by the commission. Occupation tax as used in this subsection (4) does not include the employer and employee tax imposed by a municipality for the privilege of employment within that municipality.

(5) Repealed.
C.R.S. § 40-6-118 — CO Code / Title 40 / Article 6 / Section 40-6-118
40-6-118. Valuations - hearings - findings - review
Status: in_force

40-6-118. Valuations - hearings - findings - review. (1) For the purpose of ascertaining the matters and things specified in section 40-4-110, concerning the value of the property of public utilities, the commission may cause a hearing to be held at such time and place as the commission may designate. Before any hearing is had, the commission shall give the public utility affected thereby at least thirty days' written notice, specifying the time and place of such hearing, and such notice shall be sufficient to authorize the commission to inquire into the matters designated in this section and pursuant to section 40-6-111, but this provision shall not prevent the commission from making any preliminary examination or investigation into the matters herein referred to or from inquiring into such matters in any other investigation or hearing. All public utilities affected shall be entitled to be heard and to introduce evidence at such hearing. The commission is empowered to resort to any other source of information available. The evidence introduced at such hearing shall be reduced to writing and certified under the seal of the commission. The commission shall make and file its findings of fact in writing upon all matters concerning which evidence has been introduced before it which in its judgment have bearing on the value of the property of the public utility affected. Such findings shall be subject to review by the district court in the same manner and within the same time as other orders and decisions of the commission.

(2) The findings of the commission so made and filed, when properly certified under the seal of the commission, shall be admissible in evidence in any action, proceeding, or hearing before the commission or any court, in which the commission, the state, or any officer, department, or institution thereof, or any county, city and county, municipality, or other body politic and the public utility affected may be interested, whether arising under the provisions of this title, or otherwise, and such findings, when so introduced, shall be conclusive evidence of the facts therein stated as of the date therein stated under conditions then existing, and such facts can only be controverted by showing a subsequent change in conditions bearing upon the facts therein determined. The commission, from time to time, may cause further hearings and investigations to be had for the purpose of making revaluations or ascertaining the value of any betterments, improvements, additions, or extensions made by any public utility subsequent to any prior hearing or investigation, and may examine into all matters which may change, modify, or affect any finding of fact previously made, and at such time may make findings of fact supplementary to those theretofore made. Such hearings shall be had upon the same notice and be conducted in the same manner, and the findings so made shall have the same force and effect as is provided for such original notice, hearing, and findings. Such findings made at such supplemental hearings or investigations shall be considered in connection with and as a part of the original findings except insofar as such supplemental findings shall change or modify the findings made at the original hearing or investigation.
C.R.S. § 40-3-109 — CO Code / Title 40 / Article 3 / Section 40-3-109
40-3-109. Street transportation public utility - transfers
Status: in_force

40-3-109. Street transportation public utility - transfers. Every street transportation public utility shall, upon such terms as the commission finds to be just and reasonable, furnish to its passengers transfers entitling them to one continuous trip in the same general direction over and upon the portions of its lines within the same city and county, city, or town not reached by the originating vehicle.
C.R.S. § 40-10.1-704 — CO Code / Title 40 / Article 10.1 / Part 7 / Section 40-10.1-704
40-10.1-704. Permit revocation
Status: in_force

40-10.1-704. Permit revocation. (1) If a motor carrier that holds a permit under this part 7 fails to comply with a final commission decision that assesses a fine or civil penalty pursuant to section 40-7-113 for a violation of this article 10.1 or a rule adopted pursuant to this article 10.1, the motor carrier's permit is revoked immediately. Any of the following persons are disqualified from applying for a permit for twenty-four months after the date of the permit revocation:

(a) The motor carrier;

(b) An owner, principal, officer, member, partner, or director of the motor carrier; and

(c) Any other entity owned or operated by an owner, principal, officer, member, partner, or director of the motor carrier.

(2) The disqualification set forth in subsection (1) of this section does not apply to revocation based on a failure to carry insurance unless the person knowingly operated the motor carrier without insurance.

(3) The disqualification set forth in subsection (1) of this section 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. § 40-10.1-201 — CO Code / Title 40 / Article 10.1 / Part 2 / Section 40-10.1-201
40-10.1-201. Certificate required
Status: in_force

40-10.1-201. Certificate required. (1) A person shall not operate or offer to operate as a common carrier in intrastate commerce without first having obtained from the commission a certificate declaring that the present or future public convenience and necessity requires or will require such operation.

(2) The fact that a person carries on operations, in whole or in part, between substantially fixed points or over established routes, or under contracts with more than one person, or by making repeated or periodic trips is prima facie evidence that the person is a common carrier and subject to this part 2 and part 1 of this article.
C.R.S. § 40-6-116 — CO Code / Title 40 / Article 6 / Section 40-6-116
40-6-116. Suspension of decision - notice - bond - accounting pending review
Status: in_force

40-6-116. Suspension of decision - notice - bond - accounting pending review. (1) The pendency of a writ of certiorari or review shall not of itself stay or suspend the operation of the decision of the commission; but, during the pendency of such writ, the district court, in its discretion, may stay or suspend, in whole or in part, the operation of the commission's decision.

(2) No order so staying or suspending any decision of the commission shall be made other than upon three days' notice and after hearing; and if the decision of the commission is suspended, the order suspending the same shall contain a specific finding based upon evidence submitted to the court and identified by reference thereto that great or irreparable damage would otherwise result to the petitioner and specifying the nature of the damage.

(3) In case the decision of the commission is stayed or suspended, the order of the court shall not become effective until a suspending bond has been filed with and approved by the district court, and sufficient in amount and security to insure the prompt payment, by the party petitioning for the review, of all damages caused by the delay in the enforcement of the decision of the commission, and of all moneys which any person may be compelled to pay, pending the review proceedings, for transportation, transmission, product, commodity, or service in excess of the charges fixed by the decision of the commission in case said decision is sustained. The district court, in case it stays or suspends the decision of the commission in any matter affecting rates, fares, tolls, rentals, charges, or classifications, by order, shall direct the public utility affected to pay into court from time to time, there to be impounded until the final decision of the case, or into some bank or trust company under such conditions as the court may prescribe all sums of money which it may collect from any person in excess of the sum such person would have been compelled to pay if the decision of the commission had not been stayed or suspended.

(4) In case the district court stays or suspends any decision lowering any rate, fare, toll, rental, charge, or classification, the commission, upon the filing and approval of said suspending bond, shall forthwith require the public utility affected, under penalty of the immediate enforcement of the decision of the commission, pending review and notwithstanding the suspending order, to keep such accounts, verified by oath, as may, in the judgment of the commission, suffice to show the amounts being charged or received by such public utility, pending review, in excess of the charges allowed by the decision of the commission, together with the names and addresses of the persons to whom overcharges will be refundable in case the charges made by the public utility, pending review, are not sustained by the district court. The court, from time to time, may require the party petitioning for a review to give additional security on, or to increase, the suspending bond, whenever in the opinion of the court the same may be necessary to insure the prompt payment of said damages and said overcharges.

(5) Upon the final decision by the district court, all moneys which the public utility may have collected, pending the appeal, in excess of those authorized by such final decision, together with interest, in case the court ordered the deposits of such moneys in a bank or trust company, shall be promptly paid to the persons entitled thereto, in such manner and through such methods of distribution as may be prescribed by the commission. If any moneys are not claimed by the persons entitled thereto within one year from the final decision of the district court, the commission shall cause notice to such persons to be given by publication once a week for two successive weeks in a newspaper of general circulation printed and published in the city and county of Denver and in such other newspapers as may be designated by the commission, said notice to state the names of persons entitled to such moneys and the amounts due each person. All moneys not claimed within ninety days after publication of such notice shall be paid by the public utility, under the direction of the commission, into the state treasury and credited to the general fund.
C.R.S. § 40-10.1-506 — CO Code / Title 40 / Article 10.1 / Part 5 / Section 40-10.1-506
40-10.1-506. Delivery and storage of household goods
Status: in_force

40-10.1-506. Delivery and storage of household goods. (1) A mover shall relinquish household goods to a shipper and shall place the goods inside a shipper's dwelling unless the shipper has not tendered payment in the amount specified in a contract signed and dated by the shipper. A mover shall not refuse to relinquish prescription medicines, medical equipment, medical devices, or goods for use by children, including children's furniture, clothing, or toys, under any circumstances.

(2) A mover shall not refuse to relinquish household goods to a shipper or fail to place the goods inside a shipper's dwelling based on the mover's refusal to accept an acceptable form of payment.

(3) A mover that lawfully refuses to relinquish a shipper's household goods may place the goods in storage until payment is tendered; however, the mover shall notify the shipper of the location where the goods are stored and the amount due within five days after receipt of a written request for that information from the shipper, which request shall include the address where the shipper may receive the notice. A mover shall not require a prospective shipper to waive any rights or requirements under this section.
C.R.S. § 40-15-602 — CO Code / Title 40 / Article 15 / Part 6 / Section 40-15-602
40-15-602. Electric easements - commercial broadband service - broadband affiliates - notic
Status: in_force

40-15-602. Electric easements - commercial broadband service - broadband affiliates - notice required. (1) With regard to real property subject to an electric easement, if an electric utility, or any commercial broadband supplier designated by the electric utility to act on its behalf, complies with the notice and filing requirements set forth in subsection (2) of this section, the electric utility holding the electric easement may, subject to subsection (4) of this section and without the consent of an interest holder in the real property subject to the electric easement, take the following actions to the extent not already permitted by the electric easement:

(a) Install, maintain, or own, or permit any commercial broadband supplier, including a broadband affiliate, to install, maintain, or own, an attached facility for operation by a commercial broadband supplier, including a broadband affiliate, in providing commercial broadband service; and

(b) Lease or otherwise provide to a commercial broadband supplier, including a broadband affiliate, any excess capacity of attached facilities for purposes of providing commercial broadband service.

(2) (a) At least thirty days before first exercising its rights under one or both of subsection (1)(a) or (1)(b) of this section with respect to an electric easement or portion of an electric easement, an electric utility or its designated commercial broadband supplier must send notice to each property owner that holds an interest in the real property subject to the electric easement and any other interest holder that has recorded a request for notice and must record a memorandum in the office of the county clerk and recorder in each county in which the electric utility is exercising its rights under subsection (1) of this section. An electric utility or its designated commercial broadband supplier may only commence exercising its rights under subsection (1) of this section upon delivery of sufficient notice.

(b) A letter providing notice pursuant to this subsection (2) must:

(I) Be sent by certified mail from or on behalf of the electric utility to the property owner and any interest holder that has recorded a request for notice at each of the following, as applicable:

(A) The last-known address for the property owner based on the electric utility's records;

(B) The address listed for the property owner in the records of the office of the county assessor; and

(C) The address set forth in a request for notice;

(II) Include the name, address, telephone number, and named point of contact for the electric utility and, if delivered by a commercial broadband supplier designated by the electric utility, the name, address, telephone number, and named point of contact for the designated commercial broadband supplier;

(III) Include the property address; the recording number, if any, of the electric easement or recorded memorandum of the electric easement; a general description of any existing electric service infrastructure currently located in the electric easement; and the approximate location of the electric easement, which need not include a legal description, land title survey, plat, or other designation of the exact boundaries of the electric easement;

(IV) Include:

(A) A citation to this part 6; and

(B) A copy of the language of subsection (1) of this section with an indication of whether the electric utility is exercising rights under one or both of subsection (1)(a) or (1)(b) of this section;

(V) Give an estimated time for the start of installation or construction with regard to any new installation or construction that will occur in connection with the exercise of rights under subsection (1) of this section;

(VI) Include a statement regarding the right and obligation of the electric utility, or its designated commercial broadband supplier, to record a memorandum; and

(VII) Include a statement regarding the statute of limitations for the interest holder to file a claim with respect to the electric utility's exercise of rights.

(c) An interest holder that desires to obtain notice under this part 6 at a specific address may file in the office of the county clerk and recorder for the county in which the real property is situated a request for notice that identifies the interest holder's name and address, the instrument granting the interest holder's interest in the property, and the recording number of the instrument or a recorded memorandum of the instrument.

(3) Upon exercise of the rights set forth in subsection (1) of this section, the rights run with the land and are assignable by the electric utility.

(4) The terms and conditions of a written electric easement apply to an electric utility's uses of the electric easement set forth in subsection (1) of this section, except those terms and conditions that would prohibit the electric utility's exercise of rights under subsection (1) of this section. A prohibition on aboveground electric service infrastructure contained within a written electric easement constitutes a prohibition on aboveground attached facilities. In connection with the exercise of rights under subsection (1) of this section, an electric utility or its designated commercial broadband supplier must comply with any notice requirements contained in a written electric easement held by the electric utility related to entering the real property subject to the electric easement or commencing any construction or installation on the real property.

(5) Nothing in this part 6 requires an electric utility to comply with subsection (2) of this section in order to take any action or exercise any rights under an electric easement that are already permitted within the scope of the electric easement. Unless expressly prohibited by the terms of an electric easement, an electric easement will be deemed to allow an electric utility to install, maintain, or own, or permit a third party to install, maintain, or own for beneficial use by the electric utility, telecommunications facilities and equipment for use in connection with the electric utility's provision of electricity.
C.R.S. § 40-27-103 — CO Code / Title 40 / Article 27 / Section 40-27-103
40-27-103. Liability for injury to stock
Status: in_force

40-27-103. Liability for injury to stock. Any railroad company running or operating its roads in this state and failing to fence on both sides thereof against livestock running at large at all points shall be absolutely liable to the owners of any such livestock killed, injured, or damaged by their agents, employees, engines, or cars or by the agents, employees, engines, or cars belonging to any other railroad company or corporation running over and upon such road.
C.R.S. § 40-27-105 — CO Code / Title 40 / Article 27 / Section 40-27-105
40-27-105. Burden of proof
Status: in_force

40-27-105. Burden of proof. The killing or injury of any animal by a railway company or corporation shall be prima facie evidence of the negligence of said railway company or corporation, and every railway company or corporation in this state and every assignee or lessee thereof shall be liable to pay to the owner the full value of each animal killed and all damages to each animal injured by the engines or cars of such railway company or corporation in this state or the assignee or lessee thereof unless the railway company or corporation, by competent evidence, shall affirmatively show that such killing or wounding was not caused by the negligence of such railway company or corporation or the assignee or lessee thereof. On the trial of all actions for damages arising under this article, in order to admit evidence of absence of negligence, the defendants shall first be held to show a compliance with sections 40-27-102 to 40-27-113 in relation to the erection and maintenance of fences, gates, and cattle guards.
C.R.S. § 40-17-105 — CO Code / Title 40 / Article 17 / Section 40-17-105
40-17-105. Effect of article on method of regulation
Status: in_force

40-17-105. Effect of article on method of regulation. (1) Nothing in this article:

(a) Affects the method of regulation of providers of telecommunications or voice-over-internet-protocol service by the commission, as set forth in article 15 of this title; or

(b) Grants to the commission any ability to assert jurisdiction regarding any telecommunications or voice-over-internet-protocol service provider for any purpose other than the purposes specifically described in this article.
C.R.S. § 40-2-128 — CO Code / Title 40 / Article 2 / Part 1 / Section 40-2-128
40-2-128. Solar photovoltaic installations - supervision by certified practitioners - qual
Status: repealed

40-2-128. Solar photovoltaic installations - supervision by certified practitioners - qualifications of electrical contractors - definitions. (1) For all photovoltaic installations allowed under section 40-2-124 with a direct current design capacity of less than three hundred kilowatts:

(a) (I) (A) The performance of all photovoltaic electrical work, the installation of photovoltaic modules, and the installation of photovoltaic module mounting equipment is subject to on-site supervision by a certified photovoltaic energy practitioner, as designated by the North American Board of Certified Energy Practitioners (NABCEP), or a licensed master electrician, licensed journeyman electrician, or licensed residential wireman, as defined in section 12-115-103.

(B) In the case of building-integrated photovoltaic technology, if the type of building-integrated photovoltaic technology installed or the scope of the building-integrated photovoltaic installation involved does not require a licensed master electrician, licensed journeyman electrician, or licensed residential wireman to perform the installation work and the installation work concerns the installation of roofing materials, the on-site supervision may be performed by a certified solar energy installer, as designated by NABCEP or Roof Integrated Solar Energy (RISE).

(C) For a building-integrated photovoltaic installation, a licensed master electrician, licensed journeyman electrician, or licensed residential wireman must perform the installation work for any stage of the installation after the installation materials penetrate the roof, a structural wall, or another part of the building, or any stage of the installation in which the building-integrated photovoltaic materials transition to a surface-mounted junction box and utilize types of conduit and building wire that are approved by the national electrical code, as defined in section 12-115-103 (8).

(D) By submitting an initial application for funding or an initial contract proposal, the applicant assumes responsibility for employing or contracting with one or more certified energy practitioners or licensed master electricians, licensed journeyman electricians, or licensed residential wiremen to supervise the installation and as necessary to maintain the three-to-one ratio required by subsection (1)(b) of this section, including during any off-site, preinstallation assembly. Payment of any incentives for the work shall not be approved until the applicant supplies the name and certification number of each certified energy practitioner or the license number of each master electrician, journeyman electrician, or residential wireman who actually provided on-site supervision or was present to maintain the three-to-one ratio required by subsection (1)(d) of this section.

(II) Neither the commission nor the utility shall have responsibility for monitoring or enforcing compliance with this section. It shall be the responsibility of the applicant to obtain the information required by subparagraph (I) of this paragraph (a), and it shall be the responsibility of the qualifying retail utility to obtain from the applicant and retain, for at least one year after completion of the installation, copies of all documentation submitted by the applicant in connection with the installation.

(b) All work performed on the alternating-current side of the inverter will be performed by an electrical contractor who employs a licensed journeyman electrician or a licensed residential wireman who will perform the work. All electrical work that pertains to article 115 of title 12 will be performed by an electrical apprentice registered with the appropriate state regulatory agency, a licensed journeyman electrician, or a licensed residential wireman. The appropriate ratio of no less than one journeyman or residential wireman for every three electrical apprentices will be maintained.

(c) Repealed.

(d) On a system with a direct current design capacity of less than three hundred kilowatts:

(I) The ratio of the number of persons who are assisting with the work and who are neither licensed electricians nor registered electrical apprentices to the number of persons who are certified as provided in paragraph (a) of this subsection (1) shall never exceed three to one, and a person who is both licensed and certified shall not count double for purposes of measuring this ratio, during the following stages:

(A) The installation of photovoltaic modules;

(B) The installation of photovoltaic module mounting equipment; and

(C) Any photovoltaic electrical work; and

(II) There shall be, at all times, at least one on-site supervisor who is certified as provided in paragraph (a) of this subsection (1).

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

(a) (I) "Photovoltaic electrical work" means wiring, grounding, or repairing electrical apparatus and equipment in a photovoltaic distributed generation system.

(II) "Photovoltaic electrical work" includes the preinstallation assembly of photovoltaic modules to photovoltaic module mounting equipment for installation on-site.

(III) "Photovoltaic electrical work" does not include site preparation, trenching or excavating, hauling, or other work that is not specifically described in subparagraph (I) or (II) of this paragraph (a).

(b) "Photovoltaic module" means the module or panel that generates electricity through a photovoltaic process.

(c) "Photovoltaic module mounting equipment" means the racking, mounting, apparatus, equipment, or structure that physically supports and secures one or more photovoltaic modules in place or to a roof, wall, foundation, or pedestal.
C.R.S. § 40-3-111 — CO Code / Title 40 / Article 3 / Section 40-3-111
40-3-111. Rates determined after hearing
Status: in_force

40-3-111. Rates determined after hearing. (1) Whenever the commission, after a hearing upon its own motion or upon complaint, finds that the rates, tolls, fares, rentals, charges, or classifications demanded, observed, charged, or collected by any public utility for any service, product, or commodity, or in connection therewith, including the rates or fares for excursion or commutation tickets, or that the rules, regulations, practices, or contracts affecting such rates, fares, tolls, rentals, charges, or classifications are unjust, unreasonable, discriminatory, or preferential, or in any way violate any provision of law, or that such rates, fares, tolls, rentals, charges, or classifications are insufficient, the commission shall determine the just, reasonable, or sufficient rates, fares, tolls, rentals, charges, rules, regulations, practices, or contracts to be thereafter observed and in force and shall fix the same by order. In making such determination, the commission may consider current, future, or past test periods or any reasonable combination thereof and any other factors which may affect the sufficiency or insufficiency of such rates, fares, tolls, rentals, charges, or classifications during the period the same may be in effect, and may consider any factors which influence an adequate supply of energy, encourage energy conservation, or encourage renewable energy development.

(1.5) (a) If the commission considers environmental effects when comparing the costs and benefits of potential utility resources, it shall also make findings and give due consideration to the effect that acquiring such resources will have on the state's economy and employment, including, but not limited to, the effect on the mining, electric, natural gas, energy efficiency, and renewable resource industries.

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

(2) (a) The commission has the power, after a hearing upon its own motion or upon complaint, to investigate a single rate, fare, toll, rental, charge, classification, rule, contract, or practice, or the entire schedule of rates, fares, tolls, rentals, charges, classifications, rules, contracts, and practices of any public utility; and to establish new rates, fares, tolls, rentals, charges, classifications, rules, contracts, practices, or schedules, in lieu thereof.

(b) As part of any inquiry or investigation into rate structures of regulated electric utilities undertaken on or before July 1, 2009, the commission shall consider whether to adopt retail rate structures that enable the use of solar or other renewable energy resources in agricultural applications, including, but not limited to, irrigation pumping.
C.R.S. § 40-29-109 — CO Code / Title 40 / Article 29 / Section 40-29-109
40-29-109. Violations - penalty - exception
Status: repealed

40-29-109. Violations - penalty - exception. (Repealed)
C.R.S. § 40-6.5-102 — CO Code / Title 40 / Article 6.5 / Section 40-6.5-102
40-6.5-102. Office of the utility consumer advocate and utility consumers' board - creation
Status: in_force

40-6.5-102. Office of the utility consumer advocate and utility consumers' board - creation - appointment - attorney general to represent. (1) There is hereby created, as a division within the department of regulatory agencies, the office of the utility consumer advocate, the head of which is the director, who shall be appointed by the executive director pursuant to section 13 of article XII of the state constitution.

(2) The office is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions specified in this article 6.5 under the department of regulatory agencies.

(3) (a) The utility consumers' board is created and shall guide the policy of the office. The board is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions specified in this article 6.5 under the department of regulatory agencies and the executive director.

(b) (I) The board consists of members appointed as follows:

(A) The governor shall appoint one member from each congressional district in the state. Of the members appointed by the governor, at least one member must be actively engaged in agriculture as a business and at least two members must be owners of small businesses with one hundred or fewer employees. No more than a minimum majority of the governor's appointments may be affiliated with the same political party.

(B) The president of the senate, the speaker of the house of representatives, the minority leader of the senate, and the minority leader of the house of representatives shall each appoint one member of the board.

(II) Members of the board serve terms of four years. If a person has any conflict of interest with the duties required of a member of the board, the appointing authority shall not appoint the person as a member of the board. The official who appointed a board member may remove that board member for misconduct, incompetence, or neglect of duty. Board members serve without compensation, but members who reside outside the counties of Denver, Jefferson, Adams, Arapahoe, Boulder, Broomfield, and Douglas are entitled to reimbursement for reasonable and actual expenses to attend board meetings in Denver. The board shall meet at least six times per year.

(c) It is the duty of the board to represent the public interest of Colorado utility users, and, specifically, the interests of residential, agricultural, and small business users, by providing general policy guidance and oversight for the office and the director in the performance of their statutory duties and responsibilities as specified in this article 6.5. The powers and duties of the board include the following:

(I) Providing general policy guidance to the office regarding rule-making matters, legislative projects, general activities, and priorities of the office; and

(II) Gathering data and information and formulating policy positions to advise the office in preparing analysis and testimony in legislative hearings on proposed legislation affecting the interests of residential, small business, and agricultural utility users.

(4) It is the duty of the attorney general to advise the office and the board in all legal matters and to provide representation in proceedings in which the office participates.
C.R.S. § 40-3-104.5 — CO Code / Title 40 / Article 3 / Section 40-3-104.5
40-3-104.5. Special provisions for rail carrier rate increases
Status: in_force

40-3-104.5. Special provisions for rail carrier rate increases. Notwithstanding section 40-3-105 and any other provision of this title to the contrary, the commission shall not exercise any jurisdiction over rates with respect to intrastate rail carriers.
C.R.S. § 40-2-115 — CO Code / Title 40 / Article 2 / Part 1 / Section 40-2-115
40-2-115. Cooperation with other states and with the United States - natural gas pipeline
Status: in_force

40-2-115. Cooperation with other states and with the United States - natural gas pipeline safety - customer-owned service line maintenance and repairs notice of responsibility - rules - definitions. (1) (a) The commission may confer with or hold joint hearings with the authorities of any state or any agency of the United States in connection with any matter arising in proceedings under this title 40, under the laws of any state, or under the laws of the United States; avail itself of the cooperation, services, records, and facilities of authorities of this state, any other state, or any agency of the United States as may be practicable in the enforcement or administration of the provisions of this title 40; and enter into cooperative agreements with the various states and with any agency of the United States to enforce the economic and safety laws and rules of this state and of the United States.

(b) The commission may provide for the exchange of information concerning the enforcement of the economic and safety laws and rules of this state, any other state, and the United States relating to public utilities or to safety of transportation of gas by any person, including a municipality. In particular, the commission may submit a certification to, or enter into an agreement with, the United States secretary of transportation under 49 U.S.C. sec. 60105 or 60106, respectively, so that the commission may enforce the rules of the United States department of transportation concerning pipeline safety promulgated under 49 U.S.C. sec. 60101 et seq. The commission shall adopt such rules as are necessary and proper to comply with federal requirements.

(c) The commission's rules adopted pursuant to this section must apply to all persons and entities constituting the intrastate pipeline system to the maximum extent permissible under federal law and the Colorado constitution, including all:

(I) Public utilities and municipal or quasi-municipal corporations transporting gas or providing gas service;

(II) Operators of natural gas master metered systems;

(III) Operators of liquid petroleum gas distribution systems;

(IV) Operators of pipelines transporting gas in intrastate commerce; and

(V) Operators of intrastate liquefied natural gas facilities.

(d) (I) The commission shall adopt pipeline safety rules that incorporate the most current federal requirements under 49 CFR 191, 192, 193, and 199, as applicable, to maintain minimum standards for gas pipeline safety.

(II) The commission's gas pipeline safety rules must address, and may be more stringent than required by federal standards with regard to:

(A) Qualifications and verifiable credentials for personnel engaged in pipeline construction, inspection, and repair activities;

(B) Reduction of the risks posed by abandoned gas pipelines;

(C) Mapping of all pipelines within the commission's jurisdiction. For this purpose, the commission may incorporate information from any existing flowline maps or other maps prepared by the energy and carbon management commission created in section 34-60-104.3 (1) and showing pipelines subject to the jurisdiction of that agency. The public utilities commission's mapping requirements for pipelines within its jurisdiction must incorporate the same standards for confidentiality, security, and public access and limitations on the scale of publicly available images as adopted by the energy and carbon management commission in 2 CCR 404-1, rule 1101.e.

(D) Increased frequency of inspections of all pipelines within the commission's jurisdiction;

(E) Use of advanced leak detection technology to meet the need for pipeline safety and protection of the environment;

(F) Expansion of annual reporting requirements for pipeline operators;

(G) Requirements for commission investigation of specific types of pipeline damage and pursuit of appropriate civil remedies for such damage;

(H) On or before March 1, 2024, requirements for the installation or reinstallation of service regulators by the owner or operator so that any vents associated with the service regulators are at least twelve inches above ground level and located in an area that is protected from external blockage; and

(I) On or before March 1, 2024, requirements for the visual inspection of gas meters and service regulators by a qualified individual no less frequently than every five calendar years with intervals not to exceed sixty-three months and record documentation of each inspection and for the owner or operator of the gas meter or service regulator to retain the documentation for the lifetime of the gas meter or service regulator.

(e) In addition to all other powers and duties conferred on the commission by this title 40, the commission may issue orders requiring any person to comply with, or to cease and desist from any violation of, the rules adopted under this section.

(f) Notwithstanding any provision of this section to the contrary, the commission shall not adopt any rules that regulate underground natural gas storage facilities.

(1.5) (a) On or before March 1, 2024, the commission shall promulgate rules to establish a process for determining whether an owner or operator or a customer has responsibility for the maintenance and repairs of a customer-owned service line installed on or after August 14, 1995, and before March 1, 2024.

(b) On or before March 1, 2024, the commission shall promulgate rules requiring an owner or operator that distributes natural gas to a customer-owned service line installed by the owner or operator on or after March 1, 2024, to provide written notice to the customer within ninety days after installation that, at a minimum, informs the customer whether the customer or the owner or operator is responsible for maintaining and repairing the customer-owned service line.

(c) The commission's rules pursuant to subsection (1.5)(b) of this section must include specific circumstances for when a customer may be responsible for maintaining and repairing the customer-owned service line and a requirement that:

(I) The owner or operator use best efforts to obtain a copy of the written notice described in subsection (1.5)(b) of this section with the customer's signature from the customer within ninety days after installation of the customer-owned service line;

(II) With respect to the copy of the written notice described in subsection (1.5)(b) of this section that includes the customer's signature in accordance with subsection (1.5)(c)(I) of this section, the owner or operator:

(A) Provide a copy to the customer for the customer's records;

(B) Maintain a copy for the owner's or operator's records for the duration of the lifetime of the customer-owned service line;

(C) Provide a copy to an inspector upon request; and

(D) If the property on which the customer-owned service line is located changes ownership, use best efforts to obtain a new copy of the written notice described in subsection (1.5)(b) of this section with the new property owner's signature from the new property owner within ninety days after the change of ownership if the owner or operator is aware of the change; and

(III) If the owner or operator fails to obtain a copy of the written notice described in subsection (1.5)(b) of this section with the customer's signature from the customer in accordance with subsection (1.5)(c)(I) of this section, the owner or operator either maintain proof of efforts to obtain the customer's signature or document the customer's refusal to provide a signature.

(d) Notwithstanding any other provision of this section to the contrary, an owner or operator is responsible for all maintenance and repairs of the portion of a service line that is upstream from the gas meter.

(e) Notwithstanding any other provision of this section to the contrary, the commission's gas pipeline safety rules pursuant to this section must permit any activity that is within the best practices and standards for the industry given continuous improvement and changes to technology.

(2) As used in this section, unless the context otherwise requires, or as otherwise defined in commission rules:

(a) "Customer-owned service line" means the portion of the service line that extends downstream from the gas meter to the customer's primary residential or commercial structure that is serviced with natural gas.

(b) (I) "Distribution system" means the piping and associated facilities used to deliver natural gas to customers.

(II) "Distribution system" does not include the facilities that an owner or operator owns that are classified as production, storage, gathering, or transmission facilities.

(c) "Gas" means natural gas, flammable gas, and any gas that is toxic or corrosive.

(d) "Gas meter" means the meter that measures the transfer of gas from an owner or operator of a customer-owned service line to a customer.

(e) "Main line" means the portion of a distribution system that serves, or is designed to serve, as a common source of gas supply for more than one service line.

(f) "Owner or operator" means an owner or operator of a distribution system or an investor-owned natural gas utility.

(g) "Qualified" has the meaning set forth in 49 CFR 192.803.

(h) "Service line" has the meaning set forth in 49 CFR 192.3.

(i) "Service regulator" means the device on a service line that controls the pressure of gas delivered from a higher pressure to the pressure provided to the customer. A service regulator may serve one customer or multiple customers through a meter header or manifold.

(j) "Transportation of gas" or "transporting gas" means the gathering, transmission, or distribution of gas by pipeline, as defined in 49 CFR 192.3.

(k) "Underground natural gas storage facility" has the meaning set forth in section 34-64-102 (3.5).
C.R.S. § 40-9-102 — CO Code / Title 40 / Article 9 / Section 40-9-102
40-9-102. Definitions
Status: in_force

40-9-102. Definitions. As used in sections 40-9-101 to 40-9-105, unless the context otherwise requires:

(1) "Common carriers" also includes express companies, private freight car lines, and pipe lines.

(2) "Railroad" includes all bridges used or operated in connection with any railroad; all the roads in use by any corporation operating a railroad, whether owned or operated under a contract, agreement, or lease; all switches, spurs, tracks, and terminal facilities of every kind used or necessary in transportation of persons or property; all freight depots, yards, and grounds used or necessary in the transportation of persons or property; and all freight depots, yards, and grounds, used or necessary in the transportation or delivery of any of said property.

(3) "Transportation" includes all cars, and all other vehicles and instrumentalities and facilities of a shipment or carriage, irrespective of ownership or of any contract, express or implied, for the use thereof, and all service in connection with the receipt, delivery, elevation, and transfer in transit, ventilation, refrigeration or icing, demurrage, storing, or handling of property transported. It is the duty of every common carrier, subject to the provisions of sections 40-9-101 to 40-9-105, to provide such transportation upon reasonable request therefor, and to establish through routes and just and reasonable rates applicable thereto, and to provide a sufficient number of cars and a reasonable time schedule for trains.
C.R.S. § 40-2-112 — CO Code / Title 40 / Article 2 / Part 1 / Section 40-2-112
40-2-112. Computation of fees
Status: in_force

40-2-112. Computation of fees. (1) (a) On or before June 1 of each year, the executive director of the department of revenue shall ascertain the aggregate amount of gross operating revenues of telephone corporations and all other public utilities filing returns as provided in section 40-2-111. Based on appropriations made by the general assembly, the executive director of the department of regulatory agencies shall specify, for the telecommunications utility fund, created in section 40-2-114 (1)(b)(I), and the public utilities commission fixed utility fund, created in section 40-2-114 (1)(b)(II), the revenue needed to provide for the direct and indirect costs of the supervision and regulation of telephone corporations and all other public utilities under the jurisdiction of the department of regulatory agencies, excluding the amount of money provided as administrative support from the various telecommunications programs administered by the commission, including the high cost support mechanism, established in section 40-15-208, the 911 surcharge, established in section 29-11-102.3, the 988 surcharge, established in section 40-17.5-102, and the telecommunications relay service surcharge, established in section 40-17-103.

(b) (I) For each telephone corporation, the executive director of the department of regulatory agencies shall compute the percentage which the amount of revenue needed for the direct and indirect costs of the supervision and regulation of telephone corporations is of the aggregate amount of gross operating revenues of the telephone corporation derived from intrastate utility business transacted during the preceding calendar year, and that percentage shall be the basis upon which fees due from telephone corporations for the ensuing year shall be fixed.

(II) For each public utility other than a telephone corporation, the executive director of the department of regulatory agencies shall compute the percentage which the amount of revenue needed for the direct and indirect costs of the supervision and regulation of public utilities other than telephone corporations is of the aggregate amount of gross operating revenues of such public utilities derived from intrastate utility business transacted during the preceding calendar year, and that percentage shall be the basis upon which fees due from the public utilities for the ensuing year shall be fixed.

(2) In recognition of the fact that nonprofit generation and transmission electric corporations or associations may be subject to less regulation and to no rate regulation by the commission, the executive director of the department of revenue shall disregard any revenues reported by such entities in making the computations required under subsection (1) of this section. In addition, the executive director of the department of revenue shall, in consultation with the director of the commission, enter into an agreement with each nonprofit generation and transmission electric corporation or association whereby such entity agrees to pay an amount equal to the administrative expenses reasonably anticipated to be incurred by the commission for the regulation of such entity. Said agreement shall be made by May 1 of the year in which it is to become effective and shall remain effective for not less than two and not more than five years. In the event that the anticipated amount set forth in the agreement proves to be substantially higher or lower than the commission's actual expenses incurred, the agreement for the next following year or years shall be adjusted so as to take such fact into account. If no such agreement is made as provided in this subsection (2), the commission, on its own motion or upon application by the executive director of the department of revenue or by such entity, shall set the matter for hearing and determine the amount to be paid by the entity. Amounts paid under agreements as contemplated by this subsection (2) or by order of the commission shall be used to reduce amounts paid by other utilities under subsection (1) of this section.
C.R.S. § 40-15-107 — CO Code / Title 40 / Article 15 / Part 1 / Section 40-15-107
40-15-107. Powers of commission - inspection of books and documents - confidentiality of in
Status: repealed

40-15-107. Powers of commission - inspection of books and documents - confidentiality of information obtained through audit. (1) The commission shall administer and enforce all provisions of this article, and, in addition to any other powers under articles 1 to 7 of this title, the commission has the right to inspect the books and documents of the local exchange provider. The local exchange provider shall supply additional relevant and material information to the commission as needed. In addition, the commission has the right to inspect the books and records of any affiliate of a local exchange provider which provides telecommunications service under part 2, 3, or 4 of this article, if, in the provision of such service, the affiliate uses a plant or incurs costs that are joint and common to the provision of any basic local exchange service of the local exchange provider regulated under part 2 of this article.

(2) (a) Except as otherwise provided in paragraph (b) of this subsection (2), all information, documents, and copies thereof provided to the commission, a commissioner, or any person employed by the commission in connection with an audit, whether such audit is conducted pursuant to this section or pursuant to any other authority granted to the commission by law, shall be given confidential treatment and shall not be made public by the commission or any other person without either:

(I) The prior written consent of the person providing such information, documents, or copies; or

(II) A court order issued pursuant to section 24-72-204 (5), C.R.S.

(b) This subsection (2) shall not be construed to shield from disclosure information, documents, and copies thereof that are in the commission's possession through the exercise of the commission's audit authority and that are otherwise subject to disclosure under the Colorado open records law, part 2 of article 72 of title 24, C.R.S. The commission may consider whether to change the status of reports provided to it on a nonconfidential basis.

(3) Repealed.
C.R.S. § 40-6.5-107 — CO Code / Title 40 / Article 6.5 / Section 40-6.5-107
40-6.5-107. Financing of office
Status: in_force

40-6.5-107. Financing of office. At each regular session, the general assembly shall determine the amount to be expended by the office for the direct and indirect costs of administration in performing its duties and responsibilities required by this article 6.5 and shall appropriate the amount to the office from the public utilities commission fixed utility fund and the telecommunications utility fund created in section 40-2-114. The general assembly shall not appropriate money from the general fund to the office for the performance of its duties and responsibilities under this article 6.5.
C.R.S. § 40-32-106 — CO Code / Title 40 / Article 32 / Section 40-32-106
40-32-106. Eject disorderly passengers
Status: in_force

40-32-106. Eject disorderly passengers. When any passenger is guilty of disorderly conduct, or uses any obscene language to the annoyance and vexation of passengers and refuses to desist therefrom when requested by the conductor, the conductor is authorized to stop the train at any station and eject such passenger from the train, using only such force as may be necessary, and may command the assistance of the employees of the railroad company to assist in such removal; but nothing in this section shall relieve any railroad company from liability for damages to any passenger for an unwarranted exercise of such power by any such conductor.
C.R.S. § 40-20-311 — CO Code / Title 40 / Article 20 / Part 3 / Section 40-20-311
40-20-311. Office of rail safety - agreement with federal railroad administration - duties
Status: repealed

40-20-311. Office of rail safety - agreement with federal railroad administration - duties of commission, department of public safety, and department of transportation - inspections - report - rules - repeal. (1) The office of rail safety is created with the mission of ensuring freight, passenger, community, and environmental rail safety in the state for the state's unique and delicate terrain, its headwaters, its communities, and its rail workers. The commission shall administer the office in accordance with this article 20.

(2) (a) As soon as is practicable, the commission, on behalf of the state, shall enter into an agreement with the federal railroad administration pursuant to 49 CFR 212 to participate in inspection and investigation activities. Under the agreement, the commission shall secure the authority to address all railroad safety disciplines, including crossings, track, signal and train control, motive power and equipment, operating practices, compliance, and hazardous materials.

(b) If an agreement cannot be reached as described in subsection (2)(a) of this section, the commission, on behalf of the state, shall file an annual certification pursuant to 49 CFR 212.107.

(3) The commission, the department of public safety, and the department of transportation shall engage in inspection and investigation activities as described in 49 CFR 212 to address compliance with the requirements of this part 3. Notwithstanding any provision of this section, the authority of the commission, the department of public safety, and the department of transportation to engage in inspection and investigation activities pursuant to this section is limited to:

(a) Class I railroads;

(b) Railroads operating any lines that were used by class I railroads as of July 1, 2024; and

(c) Passenger railroads.

(4) The attorney general may bring an action, consistent with 49 CFR 212, to enforce state and federal railroad safety regulations. In bringing such an action, the attorney general shall comply with 49 CFR 212.115.

(5) An interested party may request that the commission, the department of public safety, or the department of transportation investigate an alleged violation of this part 3.

(6) The commission, the department of public safety, or the department of transportation may report an alleged violation of this part 3 or any other safety concern to the federal railroad administration or the federal surface transportation board.

(7) The commission may seek, accept, and expend gifts, grants, and donations and federal grant money to purchase training materials and other equipment as needed for the implementation of this section.

(8) The commission shall regularly engage with railroads, unions representing railroad employees, local governments of counties, special districts, and municipalities that contain railroad lines, first responder organizations, disproportionately impacted communities, and environmental organizations in implementing this section.

(9) The commission, the department of public safety, and the department of transportation are immune from liability for actions performed pursuant to this section, as described in article 10 of title 24.

(10) The office of rail safety shall collect and report information regarding blocked highway-rail crossings in the state, including information regarding emergency vehicles affected by blocked highway-rail crossings.

(11) (a) The office of rail safety shall create a standard process for investigators to use during investigations under this section for determining the appropriate time and method for:

(I) Gathering information about an investigation from railroads, contractors, employees of railroads or representatives of employees of railroads, and others, as determined relevant by the office of rail safety; and

(II) Consulting with railroads, contractors, employees of railroads or representatives of employees of railroads, and others, as determined relevant by the office of rail safety, for technical expertise on the facts of an investigation.

(b) In developing the process required under subsection (11)(a) of this section, the office of rail safety shall include consideration of how to maintain the confidentiality of any entity identified pursuant to subsection (11)(a) of this section if:

(I) The entity requests confidentiality;

(II) The entity was not involved in the accident or incident; and

(III) Maintaining the entity's confidentiality does not adversely affect an investigation by the office of rail safety.

(c) (I) Except as provided in subsection (11)(c)(II) of this section, the office of rail safety may not disclose the name of an employee of a railroad who has provided information about an alleged violation of this part 3 or matters described in subsection (11)(c)(II) of this section unless the office of rail safety obtains the employee's written consent for such disclosure.

(II) The office of rail safety shall disclose to the attorney general or the federal railroad administration the name of an employee described in subsection (11)(c)(I) of this section if the matter is referred to the attorney general or the federal railroad administration for enforcement. Before making such a disclosure, the office of rail safety shall provide reasonable advance notice to the affected employee and to a designated employee representative if such a representative exists.

(d) The office of rail safety shall promulgate rules to protect employees from retaliation for their participation in investigations under this section and shall create a mechanism to accept and resolve complaints regarding violations of the rules, which mechanism is consistent with federal law.

(12) The office of rail safety shall coordinate with the department of transportation, the department of public safety, the department of public health and environment, the department of natural resources, and stakeholders such as railroads, first responders, local governments, metropolitan planning organizations, and labor organizations to identify and implement initiatives and priorities to reduce the frequency of blocked highway-rail crossings, improve emergency preparedness and resilience, and improve rail safety. This may include innovative use of data and technology to prioritize elimination or protection of highway-rail crossings, information sharing, and first responder decision support. The office of rail safety shall also coordinate with the aforementioned entities regarding possible federal grants to improve rail and public safety.

(13) (a) On or before December 1, 2024, the commission, the department of public safety, and the department of transportation shall provide a report to the governor; the transportation, housing, and local government committee of the house of representatives; and the transportation and energy committee of the senate. The report must be developed in consultation with the community rail safety advisory committee and the rail industry safety advisory committee and include:

(I) An assessment of the staffing levels and equipment necessary to ensure railroads' compliance with federal and state rules and regulations and minimize rail safety risks for railroads, facilities, workers, and communities that include rail lines;

(II) An indication that public data not subject to exceptions under the "Colorado Open Records Act", part 2 of article 72 of title 24, will be shared with the community rail safety advisory committee and the rail industry safety advisory committee;

(III) An assessment of data collection and reporting needs to ensure annual reporting on rail safety, including train length, for covered railroads and facilities;

(IV) An assessment of emergency response and cleanup capacity needed for hazardous materials incidents involving railroads;

(V) A quantification of the adequate levels of investment necessary to reduce highway-rail crossing incidents and other risks;

(VI) Mechanisms for ensuring equitable input from members of the public to state agencies regarding rail safety;

(VII) An assessment of best practices for ensuring financial responsibility for response, cleanup, and damages from major rail events, which assessment reviews best practices from other states;

(VIII) A report concerning communication issues impacting rail lines in the state, including communication with state entities such as the department of public safety; communication issues between crews working long trains; and communication from wayside detectors to crews; and

(IX) (A) A legislative proposal concerning the creation of a fee structure or other revenue source, an assessment, and a governance body and an office of rail safety to address the needs described in subsections (13)(a)(I) to (13)(a)(VIII) of this section, which fee structure, assessment, and governance body can be introduced as legislation as soon as the 2025 regular legislative session and begin operating no later than January 1, 2027.

(B) The report must include a recommendation as to which state agency would host the proposed governance body to ensure proper compliance with state and federal law, equitable access to community and worker organizations, and enforcement of safety requirements.

(b) In preparing the report described in subsection (13)(a) of this section, the commission, the department of public safety, and the department of transportation shall consult with the attorney general, the community rail safety advisory committee, the rail industry safety advisory committee, and interested stakeholders, including railroads, unions representing railroad employees, local governments of counties, special districts, municipalities that contain railroad lines, the federal railroad administration, first responder organizations, disproportionately impacted communities, and environmental organizations.

(c) This subsection (13) is repealed, effective July 1, 2026.

(14) The commission may promulgate rules to implement this section.
C.R.S. § 40-7.5-101 — CO Code / Title 40 / Article 7.5 / Section 40-7.5-101
40-7.5-101. Definitions
Status: in_force

40-7.5-101. Definitions. As used in this article, unless the context otherwise requires:

(1) "Bypassing" means the act of attaching, connecting, or in any manner affixing any wire, cord, socket, motor, pipe, or other instrument, device, or contrivance to the utility supply system or any part thereof in such a manner as to transmit, supply, or use any utility service without passing through an authorized meter or other device provided for measuring, registering, determining, or limiting the amount of electricity, gas, or water consumed.

(2) "Customer" means the person responsible for payment for utility services for the premises, and such term includes employees and agents of the customer.

(3) "Person" means any individual, firm, partnership, corporation, company, association, joint-stock association, or other legal entity.

(4) "Tampering" means the act of damaging, altering, adjusting, or in any manner interfering with or obstructing the action or operation of any meter or other device provided for measuring, registering, determining, or limiting the amount of electricity, gas, or water consumed.

(5) "Unauthorized metering" means the act of removing, moving, installing, connecting, reconnecting, or disconnecting any meter or metering device for utility service by a person other than an authorized contractor, employee, or agent of such utility.

(6) "Utility" means any pipeline corporation, gas corporation, electrical corporation, water corporation, irrigation system, cooperative association, nonprofit corporation, nonprofit association, municipality, or person operating in whole or in part for the purpose of supplying electricity, gas, steam, or water, or any combination thereof, to the public or to any person.

(7) "Utility service" means the provision of electricity, gas, steam, water, or any other service or commodity furnished by the utility for compensation.

(8) "Utility supply system" includes all wires, conduits, pipes, cords, sockets, motors, meters, instruments, and other devices whatsoever used by the utility for the purpose of providing utility services.
C.R.S. § 40-10.1-109 — CO Code / Title 40 / Article 10.1 / Part 1 / Section 40-10.1-109
40-10.1-109. Motor carrier compliance with safety rules
Status: in_force

40-10.1-109. Motor carrier compliance with safety rules. (1) A motor carrier subject to part 2, 3, or 7 of this article 10.1 shall comply with the safety rules adopted by the commission pursuant to section 40-10.1-108.

(2) A motor carrier operating a motor vehicle that is defined as a commercial vehicle in section 42-4-235 (1)(a), C.R.S., shall comply with the safety rules adopted by the department of public safety pursuant to section 24-33.5-203 (1)(b), C.R.S., in addition to the rules adopted by the commission under subsection (1) of this section.

(3) Nothing in subsection (1) or (2) of this section diminishes the authority of the commission, the department of public safety, a peace officer, or any other agent of government to enforce the laws of this state.
C.R.S. § 40-3-104 — CO Code / Title 40 / Article 3 / Section 40-3-104
40-3-104. Changes in rates - notice
Status: repealed

40-3-104. Changes in rates - notice. (1) (a) In the case of a public utility other than a rail carrier, subject to the provisions of paragraph (c) of this subsection (1), no change shall be made by any public utility in any rate, fare, toll, rental, charge, or classification or in any rule, regulation, or contract relating to or affecting any rate, fare, toll, rental, charge, classification, or service or in any privilege or facility, except after thirty days' notice to the commission and the public. Notwithstanding the provisions of this paragraph (a), changes in intrastate telecommunications services which have been determined by the commission to be competitive in nature, pursuant to the provisions of article 15 of this title, shall not be subject to any notice requirement, including, but not limited to, any requirement in this section whether or not denoted as a notice requirement.

(b) Repealed.

(c) (I) A public utility shall provide the notice required under subsection (1)(a) of this section by filing with the commission and 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. At the time of the public utility's filing with the commission, the public utility shall post the notice on its public website, including a reference to the docket numbers of relevant rules or adjudicatory matters, which posting must be conspicuously displayed on the website for at least thirty days. The commission may require transportation and water utilities to give additional notice in a manner set forth by order or rule. For public utilities other than transportation and water utilities, the commission shall require additional notice prior to an increase or other change in any rate, fare, toll, rental, charge, classification, or service, which additional notice may be made, at the option of the public utility, by any of the following methods:

(A) Publication of a notice in each newspaper of general circulation in each county in which the public utility provides service, which notice shall be four columns wide and eleven inches high stating plainly the changes and shall be published once each week for two successive weeks during the first twenty days of the thirty-day period prior to the effective date of the increase or change. If notice is given by publication, public utilities other than those providing intrastate telecommunications services pursuant to section 40-15-104 (1) shall also be required to include, with each regular billing statement mailed to affected customers during the first regular billing cycle following the filing of the application for an increase or other change, a bill insert containing the same information contained in the notice by newspaper publication.

(B) Mailing of a notice to each affected customer of the public utility during the first twenty days of the thirty-day period prior to the effective date of the increase or change;

(C) Inclusion of an insert in, or a clear and conspicuous statement on, the bill mailed to each affected customer of the public utility during a regular billing cycle not later than the twentieth day of the thirty-day period prior to the effective date of the increase or change;

(D) Subject to subsection (1)(c)(VII) of this section, not later than the twentieth day of the thirty-day period before the effective date of the increase or change, sending an e-mail or text message to each affected customer of the public utility for whom the utility has an e-mail address or a mobile telephone number; or

(E) At the request of the public utility, such other manner as the commission may prescribe.

(II) Such additional notice shall be sufficient if it states the total dollar amount sought to be raised by such increased rates or other changes and, if determinable at the time of filing, the average monthly increase, by dollar amount or percentage, to customers served under residential and small business tariffs; states the effective date or dates thereof; contains a general description of the types of services to be affected thereby; informs affected customers, other than residential and small business customers, where they may call to obtain information during the thirty-day period prior to the effective date of the proposed increases or changes concerning how such increases or changes will affect them; and includes the telephone number and address of the commission with instructions regarding the registration of a protest to the proposed increases or changes. Proof of additional notice shall be filed by the public utility with the commission.

(III) Increases in rates, fares, tolls, rentals, or charges associated with electric and gas utility adjustment clauses are subject only to the provisions of subsection (2) of this section.

(IV) For public utilities other than transportation and water utilities, where increases or changes in any rate, fare, toll, rental, charge, classification, or service result from requested increases in revenue requirements and rate restructuring and are contained in a single advice letter or application, the additional notice required under subparagraphs (I) and (II) of this paragraph (c) shall be deemed sufficient if a single notice is given even if more than one proceeding is established by the commission with respect to the increases or changes.

(V) In the case of a public utility that provides regulated intrastate telecommunications services:

(A) Notice of a decrease in a rate or charge for any regulated telecommunications service shall be given by filing with the commission and keeping open for public inspection for a period of fourteen days the new schedule stating plainly the decrease to be made and the time that the decrease will become effective. Such decreases shall not be subject to any additional notice requirements.

(B) Notice of changes in terms and conditions for any regulated telecommunications service shall be given by filing with the commission and keeping open for public inspection for a period of fourteen days the new schedule stating plainly the changes to be made in the terms and conditions and the time that the changes will become effective. Such changes in the terms and conditions shall not be subject to any additional notice requirements unless the commission determines that such additional notice is in the public interest. Any such additional notice shall be given in a manner specified by the commission.

(VI) A public utility that provides additional notice pursuant to subsection (1)(c)(I) of this section must include in the additional notice:

(A) The public utility's public website address; and

(B) A toll-free telephone number associated with the public utility that a customer may call for additional information or assistance. If a public utility sends additional notice by e-mail or text message pursuant to subsection (1)(c)(I)(D) of this section, the e-mail or text message need not include all information required by this subsection (1)(c)(VI); however, the e-mail or text message must include a link to the portion of the public utility's public website where that information is posted.

(VII) A public utility may provide additional notice pursuant to subsection (1)(c)(I)(D) of this section only if the public utility provides its customers with a mechanism by which a customer may opt out of receiving e-mail or text message notifications. For any customer that opts out, the public utility shall provide an alternate method of additional notice authorized under subsection (1)(c)(I) of this section.

(2) The commission, for good cause shown, may allow changes with less notice than is required by subsection (1) of this section by an order specifying the changes so to be made and the time when they shall take effect and the manner in which they shall be filed and published.

(3) When any change is proposed in any rate, fare, toll, rental, charge, or classification or in any form of contract or agreement or in any rule, regulation, or contract relating to or affecting any rate, fare, toll, rental, charge, classification, or service or in any privilege or facility, attention shall be directed to such change on the schedule filed with the commission immediately preceding or following the item.

(4) and (5) Repealed.
C.R.S. § 40-7-117 — CO Code / Title 40 / Article 7 / Section 40-7-117
40-7-117. Gas pipeline safety rules - civil penalty for violations - other remedies
Status: in_force

40-7-117. Gas pipeline safety rules - civil penalty for violations - other remedies. (1) Any person violating any rule adopted or order issued by the commission pursuant to the authority granted in section 40-2-115 (1)(c), (1)(d), or (1)(e) is subject to a civil penalty of up to two hundred thousand dollars per violation; except that, in the case of a group or series of related violations, the aggregate amount of such penalties shall not exceed two million dollars. Each day of a continuing violation constitutes a separate violation.

(2) Any civil penalty authorized by this section may be reduced by the commission based on consideration of objective metrics and factors set forth in rules. The metrics and factors must include:

(a) An evaluation of the severity of the violation, in terms of its actual or potential effect on public safety or pipeline system integrity;

(b) The extent to which the violation and any underlying conditions that may have contributed to the likelihood or severity of the violation have been remedied; and

(c) The extent to which the violator agrees to spend, in lieu of payment of part of the civil penalty, a specified dollar amount on commission-approved measures to reduce the overall risk to pipeline system safety or integrity; except that the amount of the penalty payable to the commission shall be no less than five thousand dollars.

(3) If a violator does not remit the assessed penalty or the lesser amount agreed upon pursuant to subsection (2) of this section, the commission may recover the amount due plus court costs in a civil action in any court of competent jurisdiction.

(4) The remedy provided in this section is in addition to any other remedies available to the commission under the constitution or laws of this state or of the United States.
C.R.S. § 40-15-604 — CO Code / Title 40 / Article 15 / Part 6 / Section 40-15-604
40-15-604. Electric utility obligations
Status: in_force

40-15-604. Electric utility obligations. (1) An electric utility that exercises any rights under section 40-15-602 (1)(a) or (1)(b) for the provision of commercial broadband service shall:

(a) Not discriminate among commercial broadband suppliers, including broadband affiliates, in offering or granting rights to install or attach any attached facilities; or

(b) Charge fees that are nondiscriminatory among commercial broadband suppliers for a substantially similar lease or use of the capacity of attached facilities owned or controlled by the electric utility, but only to the extent an electric utility chooses, in its sole discretion, to offer the lease or use to a particular commercial broadband supplier.

(2) An electric utility that has a broadband affiliate and, if applicable, the broadband affiliate shall:

(a) Charge just and reasonable attachment fees, including recurring fees, that are related to the costs associated with such attachments, such as a just and reasonable share of the carrying costs of the per-pole investment, including ongoing maintenance of the pole based on the portion of the usable space on the pole occupied by the attachment;

(b) Provide all commercial broadband suppliers access to all poles and similar support structures owned by the electric utility or broadband affiliate for the purpose of attaching equipment for the provision of commercial broadband service. Access provided in accordance with this subsection (2)(b) must be provided:

(I) On a just, reasonable, and nondiscriminatory basis; and

(II) Under terms and conditions that are no less favorable than the terms and conditions offered to broadband affiliates, including terms and conditions regarding application requirements, technical requirements, electric lineworker health and safety requirements, administrative fees, timelines, and make-ready requirements; and

(c) Charge fees that are nondiscriminatory among commercial broadband suppliers for a substantially similar lease or use of the capacity of attached facilities owned or controlled by the electric utility or broadband affiliate and that are equal to or less than the fees that the electric utility charges to its broadband affiliates, but only to the extent an electric utility or broadband affiliate chooses, in its sole discretion, to offer the lease or use to a particular commercial broadband supplier.

(3) Subject to the requirements of subsection (1) of this section, nothing in this section requires an electric utility to offer or grant a right to access or use an electric easement or to use attached facilities or electric service infrastructure owned or controlled by the electric utility in a manner that would, in the electric utility's reasonable discretion, materially interfere with the electric utility's construction, maintenance, or use of any electric utility infrastructure for the provision of electric service.

(4) (a) An electric utility with a broadband affiliate shall not unreasonably withhold authorization or delay its decision whether to provide authorization to a commercial broadband supplier to install, maintain, own, operate, or use the commercial broadband supplier's attached facilities on electric service infrastructure owned or controlled by the electric utility. An electric utility may only withhold authorization pursuant to this subsection (4) if the reason for withholding authorization is that:

(I) There is insufficient capacity for the attached facilities; or

(II) Concerns of safety or reliability or generally applicable engineering purposes weigh against granting the authorization.

(b) An electric utility that withholds authorization pursuant to this subsection (4) shall promptly notify the commercial broadband supplier in writing of the reasons for withholding authorization.

(5) An electric utility shall not directly provide retail commercial broadband service but may cause or allow a broadband affiliate to offer retail commercial broadband service. As long as an electric utility maintains its exclusive right to provide electric service to customers within its exclusive service territory, both the electric utility that has a broadband affiliate and the broadband affiliate shall:

(a) Maintain or cause to be maintained an accounting system for the broadband affiliate separate from the electric utility's accounting system, using generally accepted accounting principles or another reasonable and customary allocation method;

(b) Cause a financial audit to be performed by an independent certified public accountant, within two years after commencement of commercial operation of retail commercial broadband service and at least once every two years thereafter, with respect to the broadband affiliate's provision of commercial broadband service, including an audit of the allocation of costs for property and services that are used in both the provision of commercial broadband service and the electric utility's provision of electric service; and

(c) (I) Not cause or allow the electric utility to use its exclusive right to provide electric services within its exclusive territory to cross-subsidize the broadband affiliate or its provision of commercial broadband service, whether by: Below fair market value pricing; payment of capital or operating costs properly charged to the broadband affiliate under applicable accounting rules; or use of any revenue from or subsidy for the provision of electric service to provide commercial broadband service below market value, except in connection with the electric utility's provision of electricity.

(II) Nothing in this subsection (5)(c) prohibits an electric utility from:

(A) Entering into a transaction with a broadband affiliate on terms and conditions substantially similar to those that would be agreed to between two similarly situated parties in an arm's length commercial transaction;

(B) Loaning funds to a broadband affiliate if the interest rate on the loan is no less than the electric utility's lowest cost of capital;

(C) Exchanging services or materials for other services or materials of equivalent value;

(D) Providing reduced-cost commercial broadband service to low-income retail customers; or

(E) Conducting and funding due diligence, operational analysis, entity set-up, and associated noncapital expenditures relating to and prior to the establishment of a broadband affiliate.

(6) Upon request of a commercial broadband supplier, an electric utility and any broadband affiliate subject to this section shall cause an officer of the electric utility and an officer of the broadband affiliate to certify that the electric utility and the broadband affiliate, respectively, are in compliance with this section. If a dispute arises between an electric utility or its broadband affiliate and an unaffiliated commercial broadband supplier:

(a) Regarding matters addressed in this part 6, the parties to the dispute have standing to file a claim or cause of action in any court of competent jurisdiction in the state; and

(b) The following are discoverable and admissible as evidence in court regarding the electric utility's and its broadband affiliate's compliance with this section:

(I) Any certification requested and produced pursuant to this subsection (6);

(II) The terms and conditions applied to the electric utility's or broadband affiliate's offer to or grant of a right to the unaffiliated commercial broadband supplier to install, maintain, own, operate, or use attached facilities; and

(III) Any audit required to be performed pursuant to subsection (5) of this section.

(7) Notwithstanding any provision of this part 6 to the contrary, an electric utility that is subject to regulation under 47 U.S.C. sec. 224, as amended, and the FCC regulations promulgated pursuant to that federal law, is not subject to this section.

(8) Nothing in this part 6:

(a) Subjects an electric utility to regulation by the FCC;

(b) Constitutes an exercise of, or an obligation or intention to exercise, the right of the state under 47 U.S.C. sec. 224 (c) to regulate the rates, terms, and conditions for pole attachments, as defined in 47 U.S.C. sec. 224 (a)(4); or

(c) Constitutes a certification, or an obligation or intention to certify, to the FCC under 47 U.S.C. sec. 224.
C.R.S. § 40-17.5-102 — CO Code / Title 40 / Article 17.5 / Section 40-17.5-102
40-17.5-102. 988 surcharge - collection - rules
Status: in_force

40-17.5-102. 988 surcharge - collection - rules. (1) The commission shall collect, on behalf of the 988 crisis hotline enterprise, the 988 surcharge imposed by the enterprise pursuant to section 27-64-103 (4)(a) to fund the enterprise. The commission shall collaborate with the enterprise to establish the amount of the surcharge for the next calendar year.

(2) Each service supplier shall collect the surcharge from its service users. The surcharge is the liability of the service user and not of the service supplier; except that the service supplier is liable to remit all surcharges that the service supplier collects from service users.

(3) (a) The service supplier shall remit the collected surcharges to the commission on a monthly basis in a manner established by the commission. The commission shall establish remittance procedures by rule. A service supplier is subject to the penalties and procedures in section 40-17.5-103 for the failure to collect or correctly remit a surcharge in accordance with this section.

(b) A service supplier may deduct and retain one percent of the surcharges that are collected by the service supplier from its service users.

(c) (I) The state treasurer shall credit the surcharge collections remitted to the commission pursuant to subsection (3)(a) of this section to the 988 crisis hotline cash fund created in section 27-64-104. Any surcharge transmitted to the state treasurer that is collected on behalf of the 988 crisis hotline enterprise is excluded from state fiscal year spending.

(II) The commission may retain up to four percent of the collected surcharges necessary to reimburse the commission for its direct and indirect costs of administering the collection and remittance of surcharges for the 988 crisis hotline, including costs related to conducting audits of service suppliers in accordance with section 40-17.5-103.

(4) The surcharge imposed by the enterprise pursuant to section 27-64-103 (4)(a) is the only direct 988 funding obligation imposed upon service users in the state. No tax, fee, surcharge, or other charge to fund the 988 crisis hotline is imposed by the state, any political subdivision of the state, or any intergovernmental agency upon a seller or consumer with respect to the sale, purchase, use, or provision of 988 access connection in the state.

(5) This section does not apply to prepaid wireless telecommunications services.
C.R.S. § 40-32-111 — CO Code / Title 40 / Article 32 / Section 40-32-111
40-32-111. Order
Status: repealed

40-32-111. Order. (Repealed)
C.R.S. § 40-17-103 — CO Code / Title 40 / Article 17 / Section 40-17-103
40-17-103. Commission - powers and duties - rules
Status: repealed

40-17-103. Commission - powers and duties - rules. (1) The commission shall administer and contract for telecommunications relay services.

(2) The commission shall adopt rules for the implementation of this article. The rules shall:

(a) Conform with section 401 of the federal "Americans with Disabilities Act of 1990", 47 U.S.C. sec. 225, including provision for state application to the federal communications commission for certification;

(b) Be consistent with the commission's quality of service rules;

(c) Require that providers relay communicated messages promptly and accurately, maintain the privacy of persons who receive telecommunications relay services, and preserve confidentiality of all parties in connection with relayed messages;

(d) Specify the types of calls that are included as telecommunications relay services, specifically requiring that the costs of any long-distance service or any other service that is not a basic local exchange service be borne by the telephone user with disabilities.

(3) The commission shall, through the promulgation of rules, develop and implement a mechanism to recover its costs and the cost to voice service providers in implementing and administering telecommunications relay services required by this article 17. The mechanism must, at a minimum, provide for the following:

(a) (I) The assessment of a monthly surcharge not to exceed fifteen cents on each telephone access line, whereby each voice grade channel of a multiline voice communications service that is capable of simultaneous outbound calling constitutes a separate telephone access line; however, the number of telephone access lines for which a customer may be assessed a monthly surcharge cannot exceed the number of outbound voice calls that the voice service provider has enabled and activated to be made simultaneously.

(II) The monthly surcharge may be adjusted by the commission in accordance with paragraph (d) of this subsection (3).

(III) Without exceeding the maximum monthly surcharge set forth in subsection (3)(a)(I) of this section, the monthly surcharge must be an amount sufficient to:

(A) Reimburse the commission for its costs in developing, implementing, and administering telecommunications relay services;

(B) Reimburse voice service providers for their administrative costs in imposing and collecting the surcharge;

(C) Cover the costs of providers in rendering the service;

(D) Pursuant to section 40-17-104, cover annual appropriations to the reading services for the blind cash fund and the Colorado commission for the deaf, hard of hearing, and deafblind cash fund;

(E) Reimburse the department of revenue for its administrative costs in collecting prepaid wireless TRS charges on prepaid wireless phones pursuant to section 29-11-102.7;

(F) Provide support for library services as authorized by section 24-90-105 (1)(e); and

(G) Provide support for auxiliary services in rural areas as authorized by section 26-21-106 (9).

(b) A requirement that the monthly surcharge be imposed upon and collected from each individual telephone access line provided by a voice service provider;

(b.5) With respect to prepaid wireless service, a requirement that a seller collect a prepaid wireless TRS charge from a consumer, as those terms are defined in section 29-11-102.7, C.R.S., and remit the charge to the department of revenue, which shall transmit the money to the state treasurer for deposit into the Colorado telephone users with disabilities fund created in section 40-17-104 (1);

(c) A requirement that the surcharge be listed or included as a separate item that appears on each customer's monthly billing statement;

(d) An annual adjustment to the surcharge by the commission when necessary to accurately reflect a change in the cost of providing telecommunications relay services;

(e) The authority of a voice service provider to deduct and retain as reimbursement for its administrative costs an amount not to exceed three-quarters of one percent of the amount of total monthly surcharges collected by a voice service provider. In addition, the mechanism must include a requirement that any remaining amount of money be transmitted to the state treasurer, who shall credit the money to the Colorado telephone users with disabilities fund created by section 40-17-104.

(f) A requirement that each voice service provider maintain a record of the monthly surcharge imposed on each customer and collected by the voice service provider. The record of any monthly surcharge imposed and collected shall be maintained for three years from the date of billing. The commission may require an audit of a voice service provider's records, which audit must be at the commission's expense.

(g) The surcharge imposed by this section shall not be imposed on the provider or the consumer with respect to federally supported lifeline service.

(4) Repealed.
C.R.S. § 40-9-104 — CO Code / Title 40 / Article 9 / Section 40-9-104
40-9-104. Violation - penalty
Status: in_force

40-9-104. Violation - penalty. Any common carrier subject to the provisions of sections 40-9-101 to 40-9-105, or, whenever such common carrier is a corporation, any director or officer thereof or any receiver, trustee, lessee, agent, or person acting for or employed by such corporation, or any shipper, consignee, or applicant for cars who alone or with any other corporation, company, person, or party willfully does or causes to be done or willfully suffers or permits to be done any act, matter, or thing prohibited by sections 40-9-101 to 40-9-105 or declared to be unlawful or who aids or abets therein, or willfully omits or fails to do any act, matter, or thing required to be done in said sections, or aids or abets any such omission or failure, or is guilty of any infraction of said sections, or aids or abets therein, or fails or refuses or neglects to obey any order of the commission made under the provisions of said sections is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars for each offense.
C.R.S. § 40-3.3-103 — CO Code / Title 40 / Article 3.3 / Section 40-3.3-103
40-3.3-103. Neighborhood-scale alternatives projects - cost recovery - reporting requirement
Status: in_force

40-3.3-103. Neighborhood-scale alternatives projects - cost recovery - reporting requirement. (1) A dual-fuel utility shall work with a gas planning pilot community to rank and prioritize neighborhood-scale alternatives projects within each gas planning pilot community based on local government input and consideration of:

(a) The number and customer class served by each pipeline segment included in a neighborhood-scale alternatives project;

(b) The degree of support for the neighborhood-scale alternatives project from customers potentially impacted by the project, with preference given to those projects that have full support from potentially impacted customers;

(c) The cost-effectiveness of the neighborhood-scale alternatives project, using the cost-benefit handbook from the dual-fuel utility's most recent gas infrastructure plan;

(d) The net cost to customers potentially participating in the neighborhood-scale alternatives project;

(e) The availability of alternative energy service, including for scenarios with enhanced gas and electric demand response or demand flexibility;

(f) The ability of thermal energy networks to serve the area covered by the neighborhood-scale alternatives project, with priority given to projects that include a thermal energy network or a geothermal energy project;

(g) Whether the neighborhood-scale alternatives project is part of a new development or would serve existing customers, or both;

(h) The prioritization of pipeline segments that are part of projects included in a dual-fuel utility's gas infrastructure plan or otherwise identified by the dual-fuel utility for inclusion in a future gas infrastructure plan, to the extent this information is available; and

(i) The location of any nearby disproportionately impacted community or pipeline segments that serve disproportionately impacted communities.

(2) (a) (I) Prior to June 1, 2026, a dual-fuel utility and local government shall jointly submit for approval at least one initial neighborhood-scale alternatives project, to be located within a gas planning pilot community, to the commission if the neighborhood-scale alternatives project has the full support of potentially affected customers. The filing must also contain a list of potential projects that are ranked highly but do not have full customer support at the time of the filing.

(II) Prior to June 1, 2027, a dual-fuel utility and a local government shall jointly submit for commission approval the neighborhood-scale alternatives projects included on the list in the filing submitted pursuant to subsection (2)(a)(I) of this section and that will be pursued in a gas planning pilot community, which projects may lack full customer support if the local government has determined that a reasonable majority of customers supports the project. The local government shall determine what constitutes a reasonable majority. The determination of a reasonable majority of customer support and efforts to obtain customer consent must be supported by a sworn affidavit or testimony from an official employee of the local government as part of the joint application to the commission. The joint application must also include the net costs of the projects, including any:

(A) State or federal funding or tax credits;

(B) Gas planning pilot community incentives or funding;

(C) Existing dual-fuel utility program funding;

(D) Additional dual-fuel utility incentives or funding;

(E) Customer contributions; and

(F) Anticipated total capital expenditures by the dual-fuel utility and customers, avoided utility capital expenditures, and future discounted customer utility bill savings or expenses.

(III) If a dual-fuel utility will not pursue a neighborhood-scale alternatives project in one or more gas planning pilot communities, the dual-fuel utility and local government, prior to June 1, 2027, shall jointly file a report with the commission explaining why a neighborhood-scale alternatives project will not be pursued in that community.

(b) The commission shall provide an opportunity for public comment regarding the dual-fuel utility's submission pursuant to subsection (2)(a)(III) of this section.

(c) The commission shall approve a neighborhood-scale alternatives project application submitted by a dual-fuel utility if:

(I) The project is supported by a local government ordinance, proclamation, or resolution;

(II) The commission finds that the project is:

(A) Consistent with the state's greenhouse gas reduction goals; and

(B) In the public interest, considering costs and benefits to the gas planning pilot community, participating customers, and ratepayers within the dual-fuel utility's gas service territory and any cost shift between participating customers and all ratepayers of the dual-fuel utility, with preference given to projects that result in no cost shift to nonparticipating customers;

(III) The approved portfolio of neighborhood-scale alternatives projects provides an appropriate mix of technologies, customer classes, and new construction and existing buildings and includes the use of thermal energy networks or geothermal energy projects; and

(IV) The commission finds that alternative energy service is available to all customers within the project area and can reasonably be implemented within the project area. In making this finding, the commission shall consider:

(A) The cost of end uses powered by different fuels, impacts on income-qualified utility customers and customers living in disproportionately impacted communities, and the state's greenhouse gas emission reduction goals;

(B) Existing utility or other incentives to support customer adoption of the alternative energy service; and

(C) The degree of customer support for the project, considering the information provided pursuant to subsection (1)(b) of this section, and with priority given to projects that have the full support of potentially affected customers.

(3) (a) The commission shall allow a dual-fuel utility to currently recover the costs incurred during the development of a neighborhood-scale alternatives project, including costs to transition the distribution system, invest in electric infrastructure, and provide customer incentives. Such costs are fully recoverable regardless of the performance of the alternative energy service. The commission shall also permit cost recovery for personnel to work on the development, in whole or in part, of neighborhood-scale alternatives projects.

(b) The dual-fuel utility shall propose to the commission how costs will be recovered across the dual-fuel utility's electric and gas business.

(c) For gas planning pilot communities that receive gas service from a dual-fuel utility but are not served by the electric utility that is part of the dual-fuel utility, the commission shall consider a cost-sharing agreement, as necessary to implement a neighborhood-scale alternatives project, which agreement the dual-fuel utility proposes to enter into with a local cooperative electric association or municipally owned electric utility to make the incumbent gas utility that is part of the dual-fuel utility and its customers whole for any projects approved by the commission when there is a cost shift. This subsection (3)(c) shall not be construed to subject a local cooperative electric association or municipally owned electric utility entering into such an agreement with a dual-fuel utility to the jurisdiction of the commission. Any federal, state, or local funding made available for a project shall be applied prior to application of utility programmatic funds, such as demand-side management, beneficial electrification, or other existing or future customer-sited programs, incentives, rebates, and financing.

(4) In approving a neighborhood-scale alternatives project in a gas planning pilot community, the commission may modify the gas utility's service requirement for select premises with an alternative energy service requirement. Notwithstanding any provision of law to the contrary, nothing in this section affects or abridges a dual-fuel utility's service requirements in areas outside the neighborhood-scale alternatives project area. The commission may impose an alternative energy service requirement for any certificate of public convenience and necessity granted to the gas utility to provide service to the targeted area that is the subject of the neighborhood-scale alternatives project if the commission finds that alternative energy service is available.

(5) (a) As part of a neighborhood-scale alternatives project, a dual-fuel utility may propose to fund conversion of existing gas appliances or equipment to nonemitting thermal resources, including offering incremental incentives or financing above that approved for clean heat plans, as defined in section 40-3.2-108; beneficial electrification plans, as defined in section 40-3.2-109; demand-side management programs, as defined in section 40-1-102; or other related filings.

(b) A dual-fuel utility may also propose to offer new rate structures to pay for thermal energy networks or other nonemitting thermal resources as an alternative energy service, under which rate structures customers pay the utility for thermal energy network services to offset the initial cost of new appliances or other equipment. If a dual-fuel utility proposes to offer such a rate, the commission shall not grant the dual-fuel utility current cost recovery pursuant to subsection (3)(a) of this section. A dual-fuel utility shall have the right of first refusal to offer thermal energy network service or alternative energy service as part of a neighborhood-scale alternatives project, if the dual-fuel utility sets forth its intention to exercise its right of first refusal and defines the scope of such exercise in the application to the commission and such right of first refusal:

(I) Is limited to neighborhood-scale alternatives projects in gas planning pilot communities; and

(II) Is exercised within two years after approval by the commission.

(6) If a neighborhood-scale alternatives project qualifies as an energy sector public works project, as defined in section 24-92-303, a dual-fuel utility shall comply with all requirements set forth in part 3 of article 92 of title 24. The dual-fuel utility shall utilize utility employees or contractors that meet the apprenticeship utilization requirements set forth in section 24-92-115 to service and maintain any thermal energy or geothermal energy projects owned by the dual-fuel utility and approved by the commission under this section.

(7) By June 1 of each year following approval of a neighborhood-scale alternatives project, a dual-fuel utility shall submit a report to the commission on the implementation of the neighborhood-scale alternatives project. The report must include, at a minimum:

(a) An update on project implementation, including the degree of customer support for the project;

(b) An explanation of customer satisfaction with alternative energy service;

(c) Actual net project costs incurred, including any:

(I) State or federal funding or tax credits;

(II) Gas planning pilot community incentives or funding;

(III) Existing dual-fuel utility program funding;

(IV) Additional dual-fuel utility incentives or funding;

(V) Customer contributions;

(VI) Anticipated total capital expenditures by the dual-fuel utility and customers, avoided utility capital expenditures, and future discounted customer utility bill savings or expenses; and

(VII) Estimated overall project costs if no incentives or tax credits had been available for the project;

(d) The impact on total energy bill and energy reliability for customers receiving alternative energy service;

(e) Any encountered barriers to project implementation, including technological or workforce barriers, and the lessons learned in overcoming those barriers;

(f) The impact on income-qualified utility customers and customers living in disproportionately impacted communities; and

(g) Any other information required by the commission.

(8) By July 1, 2028, or another time determined by the commission, the commission shall hire a third-party consultant to conduct an analysis of all approved and proposed neighborhood-scale alternatives projects and present the findings of the analysis to the commission and the general assembly. The analysis must include:

(a) For each project, the information set forth in subsection (7) of this section;

(b) A comparative analysis of net costs incurred by all parties in a neighborhood-scale alternatives project, compared with the cost of the gas infrastructure project that was avoided, including any:

(I) State or federal funding or tax credits;

(II) Gas planning pilot community incentives or funding;

(III) Existing dual-fuel utility program funding;

(IV) Additional dual-fuel utility incentives or funding;

(V) Customer contributions;

(VI) Anticipated total capital expenditures by the dual-fuel utility and customers, avoided utility capital expenditures, and future discounted customer utility bill savings or expenses; and

(VII) Estimated overall project costs if no incentives or tax credits had been available for the project;

(c) The ability of each project to defer or avoid gas infrastructure investments;

(d) The customer economics of nonemitting thermal resources compared with gas alternatives;

(e) An analysis of any supply chain challenges;

(f) The overall lessons learned from the projects;

(g) The perspectives of the gas planning pilot communities regarding the collaborative process with a dual-fuel utility and any lessons learned for improving the process;

(h) The net impacts to the utility workforce; and

(i) Any other information required by the commission.
C.R.S. § 40-32-101 — CO Code / Title 40 / Article 32 / Section 40-32-101
40-32-101. Working hours of trainmen
Status: repealed

40-32-101. Working hours of trainmen. (Repealed)
C.R.S. § 40-10.1-203 — CO Code / Title 40 / Article 10.1 / Part 2 / Section 40-10.1-203
40-10.1-203. Rules for issuance of certificate - standing to protest - judicial review - legi
Status: repealed

40-10.1-203. Rules for issuance of certificate - standing to protest - judicial review - legislative declaration. (1) The commission has the power to issue a certificate to a common carrier or to issue it for the partial exercise only of the privilege sought, and may attach to the exercise of the rights granted by the certificate such terms and conditions as, in the commission's judgment, the public convenience and necessity may require.

(2) (a) The granting of a certificate to operate a taxicab service within and between counties with a population of less than seventy thousand, based on the most recent available federal census figures, is governed by the doctrine of regulated monopoly.

(b) (I) The granting of a certificate to operate a taxicab service within and between those counties with a population of seventy thousand or greater that are not served by a large-market taxicab service pursuant to part 7 of this article 10.1, based on the most recent available federal census figures, is not an exclusive grant or monopoly, and the doctrine of regulated competition applies.

(II) The general assembly finds, determines, and declares that nothing in this subsection (2) requires or prohibits a taxicab company applying for a certificate to form a labor union nor requires any taxicab driver to join a labor union.

(c) (I) (A) Repealed.

(B) Notwithstanding any provision of this section to the contrary, the holder of a certificate of public convenience and necessity that contains authority to operate as a taxicab between points within the state of Colorado shall also be deemed to hold taxicab authority to pick up passengers from any point in the state of Colorado and transport the passengers back to the certificate holder's authorized area when the certificate holder has dropped off passengers in close proximity to that point. The provisions of this sub-subparagraph (B) do not apply when a taxicab drops off a passenger at any airport in this state.

(II) The holder of a certificate that contains authority to operate a taxicab service to points in the city and county of Denver also holds taxicab service authority from points in the city and county of Denver to all points within the common carrier's base area, defined as that geographic area in which such common carrier may provide point-to-point taxicab service.

(III) The commission shall amend, by order and without notice or hearing, any existing taxicab service certificate by removing all language authorizing large-market taxicab service offered in accordance with part 7 of this article 10.1.

(3) When a request for reconsideration of a written recommended decision under this section has been made by filing exceptions pursuant to section 40-6-109 and the commission has rendered a final decision on the exceptions as provided in article 6 of this title 40, any party to the proceeding may, within thirty days after the final decision, apply directly to a district court in this state for judicial review pursuant to section 40-6-115. For purposes of judicial review, a decision of the commission on exceptions is final on the date the decision is served on the parties to the proceeding.
C.R.S. § 40-4-108 — CO Code / Title 40 / Article 4 / Section 40-4-108
40-4-108. Standards for electricity, gas, and water
Status: in_force

40-4-108. Standards for electricity, gas, and water. The commission has power, after hearing upon its own motion or upon complaint, to ascertain and fix just and reasonable standards, classifications, regulations, practices, measurements, or service to be furnished, imposed, observed, and followed by all electric, gas, and water public utilities; to ascertain and fix adequate and serviceable standards for the measurement of quantity, quality, pressure, initial voltage, or other condition pertaining to the supply of the product, commodity, or service furnished or rendered by any such public utility; to prescribe reasonable regulations for the examination and testing of such product, commodity, or service and for the measurement thereof; to establish reasonable rules, regulations, specifications, and standards to secure the accuracy of all meters and equipment for measurement and weighing; and to provide for the examination and testing of any and all equipment used for the measurement or weighing of any product, commodity, or service of any such public utility.
C.R.S. § 40-3.2-105.7 — CO Code / Title 40 / Article 3.2 / Part 1 / Section 40-3.2-105.7
40-3.2-105.7. Labor standards for state thermal energy network and thermal energy system proje
Status: in_force

40-3.2-105.7. Labor standards for state thermal energy network and thermal energy system projects - definitions. (1) Any thermal energy network or thermal energy system project that an agency of government or a state institution of higher education procures and that is a public project must comply with:

(a) The apprenticeship utilization requirements set forth in section 24-92-115 if the estimated contract cost for the public project is one million dollars or more; and

(b) Part 2 of article 92 of title 24 concerning prevailing wages for public projects if the estimated contract cost for the public project is five hundred thousand dollars or more.

(2) Any thermal energy network or thermal energy system plumbing and electrical work performed in the state shall:

(a) [Editor's note: This version of subsection (2)(a) is effective until July 1, 2025.] Be performed by licensed plumbers, licensed electricians, or supervised apprentices at a ratio no greater than three apprentices for each licensed master or journeyman plumber or electrician, as required pursuant to section 12-115-115 (1) or 12-155-124 (1); and

(a) [Editor's note: This version of subsection (2)(a) is effective July 1, 2025.] Be performed by licensed plumbers, licensed electricians, or supervised apprentices at a ratio no greater than three apprentices for each licensed master or journeyworker plumber or master or journeyman electrician, as required pursuant to section 12-115-115 (1) or 12-155-124 (1); and

(b) Be installed in compliance with the rules of the state electrical board or the state plumbing board and in accordance with the electrical and plumbing codes adopted pursuant to those rules.

(3) For any thermal energy network or thermal energy system that a utility owns, the utility shall use utility employees or qualified contractors to perform any construction trade work deemed necessary to complete the project. A qualified contractor is a contractor with employees that have access to an apprenticeship program as defined in section 8-83-308 (3)(a). All mechanical, electrical, and plumbing contractors and subcontractors must meet the apprenticeship utilization requirements of section 24-92-115; except that the apprenticeship utilization requirements do not apply to:

(a) The design, planning, or engineering of infrastructure;

(b) Management functions for the operation of infrastructure; or

(c) Any work included in a warranty.

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

(a) "Agency of government" has the meaning set forth in section 24-92-201 (1).

(b) "Licensed electrician" means an electrician licensed pursuant to section 12-115-110.

(c) "Licensed plumber" means a plumber licensed pursuant to section 12-155-108.

(d) "Public project" has the meaning set forth in section 24-92-201 (5).

(e) "State institution of higher education" has the meaning set forth in section 23-18-102 (10).

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

(g) "Thermal energy system" has the meaning set forth in section 40-3.2-108 (2)(t).
C.R.S. § 40-24-107 — CO Code / Title 40 / Article 24 / Section 40-24-107
40-24-107. Forfeiture of right-of-way - cause
Status: in_force

40-24-107. Forfeiture of right-of-way - cause. Whenever any person, company, corporation, or association obtains a franchise and right-of-way to operate an electric railroad over or along any county road in any county in this state and fails, refuses, or neglects, for a period of six months after the granting of any such franchise, to commence the work of constructing such electric railroad and in good faith to continuously prosecute the construction thereof to a final completion or fails, refuses, or neglects to operate or maintain said railroad in good condition and in good faith, for a period of one year at any one time after the granting of said franchise or right-of-way, such person, company, corporation, or association or its assigns shall forfeit all its right, title, and interest in and to such franchise and right-of-way, and the same shall become null and void; and it shall be the duty of the board of county commissioners of the county granting such franchise and the district attorney of the judicial district in which the county is situated to immediately institute the proper legal proceedings to cancel said franchise and all right, title, and interest of said person, company, corporation, or association or its assigns to use or occupy any portion of said county road.
C.R.S. § 40-3-117 — CO Code / Title 40 / Article 3 / Section 40-3-117
40-3-117. Performance-based rate-making - investigation - report - repeal
Status: repealed

40-3-117. Performance-based rate-making - investigation - report - repeal. (Repealed)
C.R.S. § 40-2-123 — CO Code / Title 40 / Article 2 / Part 1 / Section 40-2-123
40-2-123. Energy technologies - consideration by commission - incentives - demonstration p
Status: repealed

40-2-123. Energy technologies - consideration by commission - incentives - demonstration projects - definitions. (1) (a) The commission shall give the fullest possible consideration to the cost-effective implementation of new clean energy and energy-efficient technologies in its consideration of generation acquisitions for electric utilities, bearing in mind the beneficial contributions such technologies make to Colorado's energy security, economic prosperity, insulation from fuel price increases, and environmental protection, including risk mitigation in areas of high wildfire risk as designated by the state forest service. The commission shall consider utility investments in energy efficiency to be an acceptable use of ratepayer moneys.

(b) (I) The commission may give consideration to the likelihood of new environmental regulation and the risk of higher future costs associated with the emission of greenhouse gases such as carbon dioxide and methane when it considers utility proposals to acquire resources or to implement DSM programs. The commission shall collaborate with the air quality control commission to ensure that any emissions reductions achieved through gas DSM programs are appropriately accounted for in meeting the state's greenhouse gas reduction goals.

(II) For purposes of evaluating a gas DSM program or measure that incorporates innovative technologies with the potential for significant impact, such as energy-saving technologies that go beyond what is achievable using energy efficiency measures alone, the commission may find the program or measure cost-effective, notwithstanding section 40-1-102 (5)(a), even if its initial benefit-cost ratio is not greater than one when calculated using currently available data and assumptions.

(c) The commission shall give the fullest possible consideration to proposals under the reenergize Colorado program, created in section 24-33-115, C.R.S., with particular attention to those projects offering the prospect of job creation and local economic growth.

(d) In its consideration of generation acquisitions for electric utilities, the commission shall consider the economic opportunities that may be provided through workforce transition and community assistance plans, as well as whether the acquisitions will create benefits for low-income customers and disproportionately impacted communities.

(2) (a) The commission shall consider proposals by Colorado investor-owned utilities for the following types of projects:

(I) To construct, own, and operate electric generation or storage facilities utilizing innovative energy technology; or

(II) To partner with other energy developers or independent power producers to construct, acquire, or contract for electric generation or storage facilities utilizing innovative energy technology.

(b) (I) An investor-owned utility may apply under this subsection (2) to the commission for approval of innovative energy technology projects in areas of the state that have been economically affected by the accelerated retirements of existing generation resources. Any such projects are eligible for cost recovery through the clean energy plan revenue rider, and, if approved by the commission, prudently incurred costs that do not constitute clean energy plan activities are eligible for recovery through an adjustment clause or other similar cost-recovery mechanism other than the clean energy plan revenue rider, in accordance with the retail rate stability provisions of section 40-2-125.5 (5), following the project's commencement of commercial operation and until any project is placed in base rates. Nothing in this section prohibits or deters cost-effective innovative energy technology deployment; except that, if an innovative energy technology project is abandoned or cancelled, in whole or in part, the utility is not entitled to recover any costs of research, planning, development, construction, start-up, or operation in connection with the project absent a finding by the commission that such costs were prudently incurred, and in any cost-recovery proceeding the utility shall bear the burden of proof.

(II) An investor-owned utility shall present any innovative energy technology projects as part of its electric resource planning process so that the projects can be evaluated as part of a comprehensive plan to meet the investor-owned utility's energy and capacity needs. The presentation for each project must address:

(A) How the project will be developed;

(B) Whether the project involves a change to an existing generation resource to meet the requirements as an innovative energy technology project or whether the project is a newly developed innovative energy technology project;

(C) How the project mitigates the impacts of the transition to cleaner generation technologies in affected areas of Colorado; and

(D) As applicable, how the project furthers the efforts of any workforce transition plan or community assistance plan developed pursuant to section 40-2-125.5 (4)(a)(VII) or 40-2-133 associated with any accelerated retirement of an electric generating facility and how the project complies with section 40-2-129.

(III) (A) Any innovative energy technology projects approved pursuant to this subsection (2) proportionally count toward the targets in section 40-2-125.5 (5)(b); except that innovative energy technology projects developed by an investor-owned utility pursuant to this subsection (2) must not exceed, in the aggregate, a nameplate capacity of three hundred megawatts.

(B) Notwithstanding any other provision of law, the commission shall not permit an investor-owned utility to earn a total return from an innovative energy technology project that exceeds the total return the utility would have earned from a photovoltaic solar generation facility or wind generation facility of equivalent capacity.

(c) To facilitate financing of an innovative energy technology project, one or more investor-owned utilities may develop, construct, or own a project through a special-purpose entity or other affiliated partnership or corporation, including a public-private partnership or partnership formed with other energy developers or independent power producers. For this purpose, an investor-owned utility is entitled to structure the partnership in the manner that it deems appropriate; to negotiate ownership interests in the project; and to use appropriate means to solicit potential partnerships, including requests for information, requests for proposals, or bilateral negotiations.

(d) (I) In the construction or expansion of an innovative energy technology project approved pursuant to this subsection (2), an investor-owned utility shall use its own employees or qualified contractors, or both, but shall not use a contractor unless the contractor's employees have access to an apprenticeship program registered with the United States department of labor's office of apprenticeship or by a state apprenticeship agency recognized by that office; except that this apprenticeship requirement does not apply to:

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

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

(C) Any work included in a warranty.

(II) The commission shall not approve any construction or expansion under this subsection (2) until the commission has completed the rule-making initiated before December 31, 2020, addressing in part section 40-2-129.

(e) As used in this subsection (2):

(I) "Innovative energy technology" means a generation technology or storage technology that, alone or in combination with other technologies used in a project:

(A) Generates or stores electricity without emitting greenhouse gas emissions into the atmosphere;

(B) At the time of any application under this subsection (2), has not been widely deployed in the United States. In evaluating whether a technology is "widely deployed" within the meaning of this subsection (2)(e)(I)(B), the commission may evaluate the number of commercial projects in which the technology is installed in the United States for purposes of electric generation and how long those projects have been in commercial operation.

(C) Does not include stand-alone wind, solar, or lithium-ion battery storage resources or wind or solar resources paired with lithium-ion battery storage.

(II) "Innovative energy technology project" or "project" means an electric generation or energy storage facility that demonstrates the use of innovative energy technology in Colorado and for which the investment in the innovative energy technology portion of the project constitutes the majority of the total project investment.

(f) This subsection (2) is repealed, effective December 31, 2024.

(3) (a) (I) Energy is critically important to Colorado's welfare and development and its use has a profound impact on the economy and environment. In order to diversify Colorado's energy resources, attract new businesses and jobs, promote development of rural economies, minimize water use for electric generation, reduce the impact of volatile fuel prices, and improve the natural environment of the state, the general assembly finds it in the best interests of the citizens of Colorado to develop and utilize solar energy resources in increasing amounts.

(II) For purposes of this subsection (3), "utility-scale" means projects with nameplate ratings in excess of two megawatts.

(b) The commission may consider whether acquisition of utility-scale solar resources is in the public interest, taking into account the associated costs and benefits, and, if so, the appropriate amount of utility-scale solar resources that should be acquired. In making this determination, the commission may consider the following potential attributes of utility-scale solar electric generation:

(I) Whether the proposed generation could provide energy storage to match the times during which utility generation is generally higher cost;

(II) Whether the proposed generation, due to modularity, scalability, and rapid deployment, could result in reduction of performance and financial risk for the utility;

(III) Whether utility-scale solar electric generation could reduce the consumption of water for electric generation;

(IV) Whether future costs can be stabilized through mitigation of the impact of unpredictable fossil fuel prices; and

(V) Whether carbon-free generation reduces long-term costs and risks related to potential carbon regulation or taxation.

(3.2) In its consideration of generation acquisitions for electric utilities, the commission may give the fullest possible consideration, at a utility's request, to the cost-effective implementation of new energy technologies for the generation of electricity from:

(a) Geothermal energy;

(b) The combustion of biomass, biosolids derived from the treatment of wastewater, and municipal solid waste. For purposes of this paragraph (b), "biomass" has the meaning established in section 40-2-124 (1)(a), as clarified by the commission.

(c) Hydroelectricity and pumped hydroelectricity, taking into account the associated costs and benefits. For purposes of this paragraph (c):

(I) "Hydroelectricity" means the generation and delivery to the interconnection meter of any source of electrical or mechanical energy by harnessing the kinetic energy of water that is:

(A) A new facility that is an addition to water infrastructure such as a reservoir, ditch, or pipeline that existed before January 1, 2011, and does not result in any change in the quantity or timing of diversions or releases for purposes of peak power generation; or

(B) A new facility that is placed into production as part of new water infrastructure such as a reservoir, ditch, or pipeline constructed on or after January 1, 2011, and operated for primary beneficial uses of water other than solely for production of electricity.

(II) "Pumped hydroelectricity" means electricity that is generated during periods of high electrical demand from water that has been pumped during periods of low electrical demand from a lower-elevation reservoir to a higher-elevation reservoir taking into account the potential benefits or impacts of the proposed facility on fishery health.

(3.3) In its consideration of generation acquisitions for electric utilities, the commission may give the fullest possible consideration to the cost-effective implementation of new energy technologies for the generation of electricity from methane produced biogenically in geologic strata as a result of human intervention.

(3.5) Repealed.

(4) This section does not expand or contract the commission's jurisdiction over cooperative electric associations under this title.

(5) Any project approved pursuant to this section that is an energy sector public works project, as defined in section 24-92-303 (5), must comply with the applicable requirements of the "Colorado Energy Sector Public Works Project Craft Labor Requirements Act", part 3 of article 92 of title 24.
C.R.S. § 40-3.2-201 — CO Code / Title 40 / Article 3.2 / Part 2 / Section 40-3.2-201
40-3.2-201. Short title
Status: in_force

40-3.2-201. Short title. This part 2 shall be known and may be cited as the "Clean Air - Clean Jobs Act".
C.R.S. § 40-9.5-103 — CO Code / Title 40 / Article 9.5 / Part 1 / Section 40-9.5-103
40-9.5-103. Exemption from "Public Utilities Law"
Status: in_force

40-9.5-103. Exemption from "Public Utilities Law". Except as otherwise provided in this part 1, the provisions of the "Public Utilities Law", articles 1 to 7 of this title, shall not apply to cooperative electric associations which have, by an affirmative vote of the members and consumers pursuant to section 40-9.5-104, voted to exempt themselves from such provisions and to be subject to the provisions of this part 1. The period of exemption shall begin on the date the election results are filed with the public utilities commission.
C.R.S. § 40-10.1-106 — CO Code / Title 40 / Article 10.1 / Part 1 / Section 40-10.1-106
40-10.1-106. Commission to make rules and prescribe rates
Status: in_force

40-10.1-106. Commission to make rules and prescribe rates. (1) The commission has the authority and duty to prescribe such reasonable rules covering the operations of motor carriers as may be necessary for the effective administration of this article, including rules on the following subjects:

(a) Ensuring public safety, financial responsibility, consumer protection, service quality, and the provision of services to the public;

(b) The circumstances under which a towing carrier may perform a nonconsensual tow of a motor vehicle, the responsibilities and facilities of the towing carrier for the care or storage of the motor vehicle and its contents, and the minimum and maximum rates and charges to be collected by the towing carrier for the nonconsensual towing and storage of the motor vehicle. In setting the rates and charges pursuant to this section, the commission may require towing carriers performing nonconsensual tows to submit financial statements or other financial information to determine the costs associated with the performance of nonconsensual towing and any motor vehicle storage incident thereto.

(c) The administration of the fingerprint-based criminal history record checks required by section 40-10.1-110.
C.R.S. § 40-3.2-208 — CO Code / Title 40 / Article 3.2 / Part 2 / Section 40-3.2-208
40-3.2-208. Air quality planning
Status: in_force

40-3.2-208. Air quality planning. (1) The air quality provisions of the emission reduction plan filed under this part 2 are intended to fulfill the requirements of the state and federal acts and shall be proposed by the department to the air quality control commission after the utility files the plan with the commission to be considered for incorporation into the regional haze element of the state implementation plan.

(2) (a) Upon the utility's filing of the utility plan with the commission pursuant to section 40-3.2-204, the air quality control commission, in response to the proposal by the department, shall initiate a proceeding to incorporate the air quality provisions of the utility plan into the regional haze element of the state implementation plan. Except as set forth in this subsection (2), the air quality control commission shall not act on the utility plan or the provisions of the regional haze element of the state implementation plan that would establish controls for those units covered by the utility plan until after the commission's approval of the utility plan.

(b) The air quality control commission shall vacate the entire proceeding related to the utility plan and shall initiate a new proceeding for the consideration of alternative proposals for the appropriate controls for those units covered by the utility plan for inclusion in the regional haze element of the state implementation plan if:

(I) The commission does not approve the utility plan by December 15, 2010;

(II) The utility withdraws its application pursuant to section 40-3.2-205 (4); or

(III) The air quality control commission rejects any portion of the utility plan as approved by the commission.

(c) The air quality control commission shall conduct the proceedings specified in this subsection (2) after public notice and an opportunity for the public to participate in accordance with the air quality control commission's procedures.

(3) If the final approved provisions of the state implementation plan are not consistent with the air quality provisions of the utility plan, the utility may file a revised utility plan with the commission that modifies the original plan to be consistent with the final approved state implementation plan. The revised utility plan is subject to all of the review and cost recovery provisions contained in this part 2. Notwithstanding any revision required to the utility plan, the utility is entitled to fully recover any costs it prudently incurred or contracted to incur under the originally approved plan prior to the plan's revision and any costs incurred as a result of any enforceable state implementation plan or other air quality requirements.
C.R.S. § 40-10.1-107 — CO Code / Title 40 / Article 10.1 / Part 1 / Section 40-10.1-107
40-10.1-107. Financial responsibility - filing
Status: in_force

40-10.1-107. Financial responsibility - filing. (1) Each motor carrier shall maintain and file with the commission evidence of financial responsibility in such sum, for such protection, and in such form as the commission may by rule require as the commission deems necessary to adequately safeguard the public interest.

(2) The financial responsibility required by subsection (1) of this section must be in the form of a liability insurance policy issued by an insurance carrier or insurer authorized to do business in this state, or a surety bond issued by a company authorized to do business in this state, or proof of self-insurance.

(3) An insurance policy, surety bond, or self-insurance pursuant to subsection (2) of this section shall be kept continuously effective during the life of a certificate or permit and the commission shall require such evidence of continued validity as the commission deems necessary.

(4) No termination of an insurance policy or surety bond is valid unless the insurer or surety has notified both the holder of the policy or bond and the commission at least thirty days before the effective date of the termination.
C.R.S. § 40-20-112 — CO Code / Title 40 / Article 20 / Part 1 / Section 40-20-112
40-20-112. Execution of contract
Status: in_force

40-20-112. Execution of contract. (1) Every such contract, specified in sections 40-20-110 and 40-20-111, shall be good, valid, and effectual, both in law and equity, against all purchasers and creditors, provided:

(a) The contract is acknowledged by the vendee or lessee before some officer authorized by law to take acknowledgments of deeds;

(b) Such instrument is recorded or a copy thereof filed in the office of the secretary of state and in the office of the county clerk and recorder of each of the counties in which the railroad may be operated in this state;

(c) Each locomotive engine or car so sold or contracted to be sold or leased has the name of the vendor or lessor or the assignee of such vendor or lessor plainly placed or marked on each side thereof or otherwise marked so as to indicate the ownership thereof or that the same is covered by such special contract.
C.R.S. § 40-3.2-206 — CO Code / Title 40 / Article 3.2 / Part 2 / Section 40-3.2-206
40-3.2-206. Coal plant retirements - replacement resources
Status: in_force

40-3.2-206. Coal plant retirements - replacement resources. (1) (a) The general assembly finds that, in designing a coordinated emission reduction plan as described in section 40-3.2-204 and to expeditiously accelerate coal plant retirements, it is in the public interest for utilities to give primary consideration to replacing or repowering their coal generation with natural gas generation and that utilities shall also consider other low-emitting resources, including energy efficiency, if this replacement or repowering can be accomplished prudently and for reasonable rate impacts compared with placing additional emission controls on coal-fired generating units, and if electric system reliability can be preserved. To that end, in the plan required under section 40-3.2-204, each utility shall include an evaluation of the following proposals:

(I) The cost and system reliability impacts of retiring a minimum of nine hundred megawatts of coal-fired electric generating capacity, or fifty percent of the utility's coal-fired generating units in Colorado, whichever is less, by January 1, 2015, and repowering the affected coal-fired facilities with natural gas or replacing them with natural gas-fired generation or other low-emitting resources, including energy efficiency. The coal-fired capacity evaluated under this subparagraph (I) shall not include any coal-fired capacity that the utility has already announced that it plans to retire prior to January 1, 2015. The utility may also prepare evaluations of additional scenarios, including scenarios that result in the retirement of less than nine hundred megawatts of coal-fired electric generating capacity or the retirement of some portion of the nine hundred megawatts of capacity after January 1, 2015, but before January 1, 2018.

(II) Retirements of a portion of its coal-fired generating capacity in the period after April 19, 2010, but prior to January 1, 2015. At a minimum, the utility shall evaluate whether to retire a portion of its coal-fired capacity on or before January 1, 2013, or whether the retirements of coal-fired generating facilities that have already been announced could be advanced to an earlier retirement date.

(b) (I) For all evaluations required by this subsection (1), the utility shall report:

(A) The estimated overall impacts on the utility's emissions of oxides of nitrogen and other pollutants;

(B) The feasibility of the retirement, repowering, or replacement on the schedule proposed in the evaluation;

(C) The costs and impact on electric rates from these proposals; and

(D) The impact of the retirements on the reliability of the utility's electric service.

(II) All evaluations required by this subsection (1) shall contrast the costs of replacing coal generation with natural gas generation and other low-emitting resources, including energy efficiency, with the costs of installing additional emission controls on the coal plants.

(2) The utility shall set forth in its plan the utility's proposal for the best way of timely meeting the emission reduction requirements required by federal and state law, given the need to preserve electric system reliability, to avoid unreasonable rate increases, and the economic and environmental benefits of coordinated emission reductions.

(3) In reviewing the reasonableness of the utility's proposed plan, the commission shall:

(a) Compare the relative costs of repowering or replacing coal facilities with natural gas generation or other low-emitting resources, including energy efficiency, to an alternative that incorporates emission controls on the existing coal-fired units;

(b) Use reasonable projections of future coal and natural gas costs;

(c) Incorporate a reasonable estimate for the cost of reasonably foreseeable emission regulation consistent with the commission's existing practice;

(d) Consider the degree to which the plan will increase utilization of existing natural gas-fired generating resources available to the utility, together with increased utilization of other low-emitting resources including energy efficiency; and

(e) Consider the economic and environmental benefits of a coordinated emissions reduction strategy.

(4) The utility may enter into long-term gas supply agreements to implement the requirements of this part 2. A long-term gas supply agreement is an agreement with a term of not less than three years or more than twenty years. All long-term gas supply agreements may be filed with the commission for review and approval. The commission shall determine whether the utility acted prudently by entering into the specific agreement, whether the proposed agreement appears to be beneficial to consumers, and whether the agreement is in the public interest. If an agreement is approved, the utility is entitled to recover through rates the costs it incurs under the approved agreement, and any approved amendments to the agreement, notwithstanding any change in the market price of natural gas during the term of the agreement. The commission shall not reverse its approval of the long-term gas agreement even if the agreement price is higher than a future market price of natural gas.
C.R.S. § 40-4-121 — CO Code / Title 40 / Article 4 / Section 40-4-121
40-4-121. Thermal energy network projects - pilot program for large gas utilities - applic
Status: in_force

40-4-121. Thermal energy network projects - pilot program for large gas utilities - application - commission proceeding - reporting - exemption from regulation for local government- or campus-owned thermal energy networks - definitions. (1) As used in this section, unless the context otherwise requires:

(a) (I) "Campus" means a collection of two or more buildings that are owned and operated by the same person, that have a shared purpose and function as a single property, that do not lease space to tenants, and that do not provide energy or heat services for a fee.

(II) "Campus" includes two or more of the buildings that comprise the capitol complex, as described in section 24-82-101 (3)(f).

(b) "Disproportionately impacted community" has the meaning set forth in section 24-4-109 (2)(b)(II).

(c) "Gas utility" means a gas utility in the state that the commission regulates with respect to rates and charges.

(d) "Large gas utility" means a gas utility that serves more than five hundred thousand customers.

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

(f) "Thermal energy" has the meaning set forth in section 40-3.2-108 (2)(r).

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

(h) "Thermal energy system" has the meaning set forth in section 40-3.2-108 (2)(t).

(2) (a) Except as provided in subsection (3) of this section, a gas utility that seeks to offer thermal energy network service to its customers must propose developing a thermal energy network by a separate application to the commission that is not included in the gas utility's application to the commission for approval of a clean heat plan pursuant to section 40-3.2-108 or a gas demand-side management program plan pursuant to section 40-3.2-103 (3) or as part of a DSM strategic issues application pursuant to section 40-3.2-103 (1).

(b) In considering whether to approve a gas utility's application to offer thermal energy network service, the commission shall consider the long-term effects that the proposed thermal energy network would have on the state's utility workforce.

(3) (a) On or before September 1, 2024, a large gas utility shall submit to the commission for review and approval at least one pilot program, consisting of one or more pilot projects, to provide thermal energy service in its service area.

(b) A large gas utility may propose more than one pilot thermal energy network program pursuant to this subsection (3) by filing separate applications for review and approval of additional pilot programs with the commission on or before September 1, 2026.

(c) In developing a pilot program proposal, a large gas utility shall propose as part of the proposed pilot program at least one pilot project that serves residential customers located in a:

(I) Disproportionately impacted community;

(II) Mountain community served by the large gas utility; or

(III) Utility service area that the commission has determined is capacity constrained or that is targeted for electrification in a utility clean heat plan or beneficial electrification plan.

(d) A large gas utility's pilot thermal energy network program proposal must:

(I) Include specific customer protection plans that promote stable utility rates;

(II) Be made publicly available on the commission's website; and

(III) If approved, be implemented in compliance with the labor standards set forth in section 40-3.2-105.7.

(e) In considering whether to approve a large gas utility's application proposing a pilot thermal energy network program, the commission shall consider the long-term effects that the proposed pilot thermal energy network program would have on the state's utility workforce.

(f) A large gas utility may propose a pilot thermal energy network program as part of the large gas utility's application for approval of a clean heat plan pursuant to section 40-3.2-108 or a gas DSM program plan pursuant to section 40-3.2-103 (3) or as part of a strategic issues application; except that a pilot thermal energy network program applied for as part of a clean heat plan does not count toward the clean heat plan cost caps set forth in section 40-3.2-108 (6)(a)(I).

(g) In proposing a pilot thermal energy network program pursuant to this subsection (3), a large gas utility shall present to the commission options for how the large gas utility may fund the pilot program, including options that involve the use of any federal or private sources of funding or rate recovery from nonresidential customers to manage impacts upon residential customers. A pilot thermal energy network program application must include a current or forward-looking rate structure to promote stable customer billing.

(4) A large gas utility that develops a pilot thermal energy network program shall report to the commission in the form and manner required by the commission information and data regarding the pilot program to help further the development of future thermal energy networks. The large gas utility's report must include:

(a) The potential for implementation of thermal energy networks to provide consumer bill stabilization and the methods by which such stabilization may be achieved;

(b) The potential for implementation of thermal energy networks to reduce consumer bill costs;

(c) The potential to reuse existing gas infrastructure for, or to time end-of-life gas infrastructure retirement or replacement with, implementation of thermal energy networks;

(d) The potential for implementation of thermal energy networks to assist the large gas utility in avoiding stranded gas assets;

(e) An estimate of avoided emissions from implementation of thermal energy networks; and

(f) Programs, incentives, or other mechanisms that the large gas utility may employ to make widespread thermal energy network implementation a viable option.

(5) (a) On or before January 1, 2025, the commission shall initiate a proceeding to determine whether commission rule-making or additional legislative changes are needed to facilitate the development of thermal energy in the state.

(b) (I) As part of the proceeding held pursuant to this subsection (5), the commission shall consider:

(A) The appropriate utility ownership models for development, acquisition, customer service, and cost recovery for thermal energy networks; and

(B) The appropriate utility rate structures for and customer types or classes served by thermal energy networks.

(II) The commission may also consider during the proceeding whether rules are necessary to:

(A) Create requirements for gas-utility-owned thermal energy networks concerning a large gas utility's ability to partner with qualified third parties through joint ventures, asset development and transfers, or similar structures and facilitate the development of thermal energy networks;

(B) Ensure that any thermal energy network incorporated into a large gas utility's system provides reliable and resilient service;

(C) Promote training and transition of utility workers for thermal energy jobs;

(D) Adjust a large gas utility's rate recovery mechanisms to further support the development of thermal energy networks as part of meeting the state's overall energy policy objectives; and

(E) Determine appropriate methods of cost recovery for thermal energy networks, including consideration of the stability of utility customers' bills.

(6) A local government or campus that develops and operates a thermal energy system that provides thermal energy service to buildings that the local government or campus owns and manages is not considered a public utility and is not subject to regulation by the commission.