C.R.S. § 40-8.7-104 — CO Code / Title 40 / Article 8.7 / Section 40-8.7-104
40-8.7-104. Energy assistance program - creation - energy assistance contribution - energy a
Status: in_force

40-8.7-104. Energy assistance program - creation - energy assistance contribution - energy assistance system benefit charge. (1) There is hereby created the low-income energy assistance program to collect and disburse an optional energy assistance contribution and an energy assistance system benefit charge in Colorado in accordance with this article 8.7.

(2) Except as otherwise provided in this article 8.7, every utility doing business in Colorado shall participate in the energy assistance program and provide the opportunity for utility customers to make an optional energy assistance contribution on the monthly remittance device on their utility billing statement. Each utility shall provide the opportunity for customers to donate the optional energy assistance contribution as provided in section 40-8.7-105 (2).

(2.5) (a) Except as provided in subsections (2.5)(b) and (2.5)(c) of this section, commencing with a customer's billing statement covering electric or gas usage in the month of October 2021, every investor-owned utility doing business in Colorado shall collect a monthly energy assistance system benefit charge from each of its utility customers pursuant to section 40-8.7-105.5 (1).

(b) (I) For each month that an investor-owned utility collects the monthly energy assistance system benefit charge, the utility shall include on its customers' billing statements a conspicuous notification in both English and Spanish that substantially complies with the following language:

If you're struggling to pay your utility bills, you might qualify for exemption from a monthly charge related to energy assistance and be eligible for utility bill payment assistance. Please call 1-866-HEAT-HELP to see if you qualify.

(II) The organization shall notify each investor-owned utility of any customer of the investor-owned utility who is exempted from payment of the charge by virtue of having received direct utility bill payment assistance from the organization in the previous twelve months.

(III) Each investor-owned utility shall review readily available information it has received from the state department of human services and the organization to determine which customers have received any direct utility bill payment assistance from the state department or the organization in the previous twelve months and, as a result, are eligible for exemption from payment of the charge.

(IV) Upon receiving notification from the organization pursuant to subsection (2.5)(b)(II) of this section or upon its own determination that a customer is eligible for exemption from the charge, an investor-owned utility shall remove the charge from the customer's monthly billing statements for the succeeding twelve months.

(c) For each month that an investor-owned utility collects the monthly energy assistance system benefit charge, the utility shall include on its customers' billing statements within its explanation of charges a phone number or e-mail address through which a customer may opt out of paying the monthly energy assistance system benefit charge.

(3) Any reasonable costs that a utility incurs in connection with the program, including the initial costs of setting up the collection mechanism and reformatting its billing systems to solicit the optional contribution and to impose and collect the charge, shall be reimbursed from the money collected for the program. The utility must submit a calculation of the amount of money to be reimbursed to the public utilities commission for its approval of prudently incurred costs. The reimbursed amounts must be transmitted to the utilities before the remaining money is distributed to the organization.
C.R.S. § 40-9.8-102 — CO Code / Title 40 / Article 9.8 / Section 40-9.8-102
40-9.8-102. Legislative declaration
Status: in_force

40-9.8-102. Legislative declaration. (1) The general assembly hereby finds and declares that:

(a) Severe weather or natural disaster events can affect an electric utility's ability to deliver uninterrupted electricity throughout its service territory, particularly in rural areas;

(b) In the rural areas of the state in which many cooperative electric associations operate, interruptions in the delivery of electric service present significant threats to the community anchor institutions located in those areas;

(c) Use of microgrids can help increase a community's resilience regarding severe weather or natural disaster events that can affect the electric grid by providing the community with an alternative, reliable source of electricity that is not dependent on the electric grid;

(d) Many rural communities lack the resources necessary to develop microgrids; and

(e) Through grants made to cooperative electric associations and municipally owned utilities, associations and municipally owned utilities can invest in microgrid resources in eligible rural communities within their service territories that are at significant risk of severe weather or natural disaster events.
C.R.S. § 40-32-103 — CO Code / Title 40 / Article 32 / Section 40-32-103
40-32-103. Telegraph operators - qualifications
Status: repealed

40-32-103. Telegraph operators - qualifications. (Repealed)
C.R.S. § 40-15-112 — CO Code / Title 40 / Article 15 / Part 1 / Section 40-15-112
40-15-112. Unauthorized change of telecommunications provider
Status: in_force

40-15-112. Unauthorized change of telecommunications provider. (1) No provider of telecommunications service shall request the transfer of a customer's account, wholly or in part, to another provider of the same or a similar telecommunications service unless one or more of the following conditions has been met:

(a) The provider to whom the customer's account is to be transferred has obtained from the customer a document, signed by the customer, that contains a clear, conspicuous, and unequivocal request by the customer for a change of provider; or

(b) The provider to whom the customer's account is to be transferred has obtained the customer's oral authorization for the transfer and can furnish proof of such authorization through verification by an independent third party, electronic records, or any other manner prescribed by the commission by rule.

(2) (a) If the customer is not an individual, a document, authorization, or request referenced in subsection (1) of this section shall be valid only if given by an authorized representative of the customer, who shall provide proof of such authority.

(b) A document shall not be valid under paragraph (a) of subsection (1) of this section if it is presented to the customer for signature in connection with a sweepstakes or other game of chance.

(3) A telecommunications provider who initiates an unauthorized change in a customer's telecommunications provider in violation of this section is liable:

(a) To the customer, the customer's previously selected provider, or both, as determined by the commission, for all intrastate long distance charges, interstate long distance charges, local exchange service charges, provider switching fees, the value of any premiums to which the customer would have been entitled, and other relevant charges incurred by the customer during the period of the unauthorized change; and

(b) To the customer's local exchange provider for the change fees for the unauthorized change and reinstating the customer to the original provider.
C.R.S. § 40-43-104 — CO Code / Title 40 / Article 43 / Section 40-43-104
40-43-104. Resource adequacy annual report - statewide resource adequacy aggregate annual r
Status: in_force

40-43-104. Resource adequacy annual report - statewide resource adequacy aggregate annual report - categories of information in the resource adequacy annual report - termination of reporting requirement. (1) (a) On or before April 1, 2024, and on or before April 1 of each year thereafter, except as provided in subsection (2) or (4) of this section, each load-serving entity in the state shall provide the applicable regulatory oversight entity a resource adequacy annual report in which the load-serving entity identifies the generating resources and accredited capacity used to serve its customers. A load-serving entity may designate its wholesale electric supplier as an authorized agent to provide the resource adequacy annual reports on behalf of the load-serving entity, and if so designated by the load-serving entity, the wholesale electric supplier shall be solely responsible for the preparation and submission of the resource adequacy annual reports on behalf of the load-serving entity.

(b) On or before April 30, 2024, and on or before April 30 of each year thereafter, each regulatory oversight entity shall submit the resource adequacy annual reports received from load-serving entities pursuant to subsection (1)(a) of this section to the Colorado energy office.

(c) On or before July 1, 2024, and on or before July 1 of each year thereafter, the Colorado energy office shall aggregate the resource adequacy annual reports received from regulatory oversight entities pursuant to subsection (1)(b) of this section to create and make publicly available a statewide resource adequacy aggregate annual report.

(2) If a load-serving entity has a wholesale power arrangement with a public utility, cooperative electric association, joint action agency established pursuant to law, or political subdivision that itself demonstrates resource adequacy through a resource planning process before the applicable regulatory oversight entity, the public utility's, cooperative electric association's, joint action agency's, or political subdivision's resource adequacy annual report provided to the applicable regulatory oversight entity covers the load-serving entity for any load covered by the demonstration of resource adequacy by the public utility, cooperative electric association, joint action agency, or political subdivision.

(3) A resource adequacy annual report must be made publicly available on the load-serving entity's website using a common uniform resource locator convention, as determined by the Colorado energy office, and include the following categories of information for each year in the resource adequacy reporting period:

(a) A native load forecast;

(b) Nameplate capacity and accredited capacity by individual resource, including renewable energy resources and storage;

(c) Identification of any accredited capacity attributable to distributed generation resources, including energy storage;

(d) Identification of any demand response that the load-serving entity relied upon for resource planning purposes or uses to reduce peak load;

(e) Identification of the target planning reserve margin;

(f) Identification of the forecasted planning reserve margin;

(g) Identification of the total accredited capacity and any formulas or assumptions used to calculate the accredited capacity; and

(h) Identification of any excess capacity or resource needs and of plans to mitigate forecasted shortfalls prior to experiencing peak load supply conditions that were forecasted in calculating the planning reserve margin.

(4) For each load-serving entity participating in an organized wholesale market, as defined in section 40-5-108 (1)(a), or a voluntary regional resource adequacy reporting program, the load-serving entity's obligation to provide resource adequacy annual reports, including any obligation of another load-serving entity to provide resource adequacy annual reports if the load-serving entity has been providing resource adequacy annual reports on the other load-serving entity's behalf pursuant to subsection (1)(a) of this section, terminates on the date that the load-serving entity begins participating in an organized wholesale market or in the year following the load-serving entity's submission of a compliance report required by a voluntary regional resource adequacy reporting program.
C.R.S. § 40-10.1-301 — CO Code / Title 40 / Article 10.1 / Part 3 / Section 40-10.1-301
40-10.1-301. Definitions
Status: repealed

40-10.1-301. Definitions. As used in this part 3, unless the context otherwise requires:

(1) "Charter basis" means on the basis of a contract for transportation whereby a person agrees to provide exclusive use of a motor vehicle to a single chartering party for a specific period of time during which the chartering party has the exclusive right to direct the operation of the vehicle, including selection of the origin, destination, route, and intermediate stops.

(2) "Charter bus" means a motor vehicle with a minimum seating capacity of thirty-three, including the driver, that is hired to transport a person or group of persons traveling from one location to another for a common purpose. A charter bus does not provide regular route service from one location to another.

(3) "Chartering party" means a person or group of persons who share a personal or professional relationship whereby all such persons are members of the same affiliated group, including a family, business, religious group, social organization, or professional organization. "Chartering party" does not include groups of unrelated persons brought together by a carrier, transportation broker, or other third party.

(4) "Children's activity bus" means a motor vehicle that transports groups of eight or more children, eighteen years of age or younger, and any adults over eighteen years of age accompanying or participating with the group, to or from activities that are sponsored by nonprofit organizations entitled to a tax exemption under the federal "Internal Revenue Code of 1986", as amended, or the transportation of children to and from school, school-related activities, or school-sanctioned activities to the extent that such transportation is not provided by the school or school district or the school or school district's transportation contractors.

(5) "Commercial location" means a place where goods or services are bought, sold, or exchanged.

(6) "Fire crew transport" means a motor vehicle that transports people engaged in fighting wildfires.

(7) "Luxury limousine" means a chauffeur-driven, luxury motor vehicle as defined by the commission by rule.

(8) "Luxury limousine service" means a specialized, luxurious transportation service provided on a prearranged, charter basis. "Luxury limousine service" does not include taxicab service or any service provided between fixed points over regular routes at regular intervals.

(9) to (11) Repealed.

(12) "Off-road scenic charter" means a motor vehicle that transports passengers, on a charter basis, to scenic points within Colorado, originating and terminating at the same location and using a route that is wholly or partly off of paved roads. "Off-road scenic charter" does not include the transport of passengers to commercial locations.
C.R.S. § 40-30-103 — CO Code / Title 40 / Article 30 / Section 40-30-103
40-30-103. Liability of railroad company
Status: in_force

40-30-103. Liability of railroad company. Every railroad company operating its line of road, or any part thereof, within this state shall be liable for all damages by fires that are set out or caused by operating any such line of road, or any part thereof, in this state, whether negligently or otherwise. Such damages may be recovered by the party damaged by a proper action in any court of competent jurisdiction; but said action shall be brought by the party injured within two years next ensuing after it accrues. The liability imposed in this section shall inure solely in favor of the owner or mortgagee of the property so damaged or destroyed by fire, and the same shall not pass by assignment or subrogation to any insurance company that has written a policy thereon.
C.R.S. § 40-7-110 — CO Code / Title 40 / Article 7 / Section 40-7-110
40-7-110. Commission to represent people - when
Status: repealed

40-7-110. Commission to represent people - when.

(1) Repealed.

(2) The commission has the power to appear and represent the interests and welfare of the people of the state of Colorado in all matters and proceedings involving any public utility or carrier pending before any officer, department, board, commission, or court of the United States, of any other state, or of this state and to intervene in, protest, resist, or advocate the granting or denial of any petition, application, complaint, or other proceeding, to examine witnesses and offer evidence in any proceeding affecting the people of this state or some portion thereof, as the public interest, convenience, or necessity may appear, and to initiate or participate in judicial proceedings involving the order or decision of any such officer, department, board, or commission.
C.R.S. § 40-2-101 — CO Code / Title 40 / Article 2 / Part 1 / Section 40-2-101
40-2-101. Creation - appointment - term - subject to termination - repeal of part
Status: repealed

40-2-101. Creation - appointment - term - subject to termination - repeal of part. (1) (a) A public utilities commission is created in the department of regulatory agencies, which is known as the public utilities commission of the state of Colorado. The public utilities commission is a type 1 entity, as defined in section 24-1-105.

(b) The public utilities commission consists of three members appointed by the governor with the consent of the senate. Persons holding office on July 1, 1993, shall continue to serve in such office, but the term of one of these persons shall expire on the Monday preceding the second Tuesday of January, 1995, of another, the Monday preceding the second Tuesday of January, 1996, and of the third, the Monday preceding the second Tuesday of January, 1997, all as the governor shall designate; except that such designation shall not result in the extension of the term of any member to more than four years' duration. Thereafter, appointments shall be made for terms of four years.

(2) No more than two members of the public utilities commission shall be affiliated with the same political party, and any appointment to fill a vacancy shall be for the unexpired term. Each commissioner shall be a qualified elector of this state. The governor shall designate one member of the commission as chair of the commission. The commissioners shall devote their entire time to the duties of their office to the exclusion of any other employment and shall receive such compensation as is designated by law. A majority of the commission shall constitute a quorum for the transaction of its business.

(3) (a) The provisions of section 24-34-104, C.R.S., concerning the termination schedule for regulatory bodies of the state unless extended as provided in that section, are applicable to the public utilities commission created by this section.

(b) (I) This part 1 is repealed, effective September 1, 2026.

(II) Before the repeal, the public utilities commission is scheduled for review in accordance with section 24-34-104.
C.R.S. § 40-6.5-109 — CO Code / Title 40 / Article 6.5 / Section 40-6.5-109
40-6.5-109. Consumer counsel report
Status: repealed

40-6.5-109. Consumer counsel report. (Repealed)
C.R.S. § 40-20-106 — CO Code / Title 40 / Article 20 / Part 1 / Section 40-20-106
40-20-106. Directors - election
Status: in_force

40-20-106. Directors - election. At any meeting of the stockholders of any railroad corporation formed under the laws of this state for the election of directors, managers, or trustees, the stockholders may classify the directors in three equal classes, as near as may be, one of which classes shall hold office for one year, one for two years, and one for three years until its successors are respectively elected; and at all subsequent elections, in the event such classification is made, directors shall be elected for three years to fill the places made vacant by the class whose term of office expires at that time.
C.R.S. § 40-2-138 — CO Code / Title 40 / Article 2 / Part 1 / Section 40-2-138
40-2-138. Projects for the production of clean hydrogen - proceeding - hydrogen hub projec
Status: in_force

40-2-138. Projects for the production of clean hydrogen - proceeding - hydrogen hub projects - rules - reports - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Clean hydrogen" means:

(I) Green hydrogen, as defined in section 40-3.2-108 (2)(j); or

(II) Hydrogen that is produced through a process that results in lifecycle greenhouse gas emissions rates that are within the lifecycle greenhouse gas emissions rate ranges set forth in 26 U.S.C. secs. 45V (b)(2)(C) and 45V (b)(2)(D), as amended.

(b) (I) "Clean hydrogen project" means a project that results in the production of clean hydrogen by an investor-owned utility.

(II) "Clean hydrogen project" may include pipelines, electrolyzers, environmental controls, monitoring equipment, dedicated renewable energy sources for electrolysis, the purchase of clean hydrogen from third parties, and an upgrade to a turbine at an electric generating station if that upgrade is part of a state or federal application for a regional clean hydrogen hub under 42 U.S.C. sec. 16161a.

(c) "Cumulative impacts" means the incremental effects of a clean hydrogen project on the environment, including effects on air quality, water quality, water resource availability, climate, and public health, that a clean hydrogen project has when added to the impacts from other past, present, and reasonably foreseeable future development of any type on the relevant area, including an airshed or watershed, as determined by rule by the commission, or on a disproportionately impacted community.

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

(e) (I) "Hard to decarbonize end use" means industrial uses that include:

(A) The generation of heat of at least one hundred fifty degrees Celsius for industrial purposes; and

(B) Addition as feedstock for industrial purposes, including manufacture of steel, ammonia, fertilizer, and chemicals.

(II) "Hard to decarbonize end use" does not include the direct use of hydrogen for residential or commercial heating.

(f) "Hydrogen hub project" means a project that is part of an application for federal funding by a partnership of regulated utilities, private partners, and companies and may include state or federal government agencies in collaboration with other states that is designed to utilize available federal funds and tax credits, which may include the production, transport, and use of clean hydrogen.

(g) "Lifecycle greenhouse gas emissions rate" means lifecycle greenhouse gas emissions, as defined in 26 U.S.C. sec. 45V (c)(1)(A), as amended, measured in accordance with any applicable federal internal revenue service regulations or guidance.

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

(i) "Qualified use" means the use of clean hydrogen in the state for:

(I) Hard to decarbonize end uses;

(II) The operation of a heavy-duty motor vehicle, as defined in section 25-7.5-102 (11); and

(III) Aviation.

(2) The commission shall initiate an investigatory proceeding, no later than September 1, 2023, to consider:

(a) The potential for clean hydrogen projects operated by investor-owned utilities subject to regulation by the commission to contribute to meeting the greenhouse gas emission reduction goals described in section 25-7-102 (2)(g), including lifecycle greenhouse gas emissions rates, with a preference for qualified uses;

(b) The impact of clean hydrogen projects on the emission of air pollutants other than greenhouse gases and human health;

(c) Potential markets for clean hydrogen in Colorado;

(d) The impact of clean hydrogen production on water quality and quantity in Colorado;

(e) The potential impacts of pipeline leakage and best practices for mitigation;

(f) The potential for the development of clean hydrogen to help create or sustain jobs in Colorado, including utility jobs;

(g) The cost, capabilities, and market availability of clean hydrogen technologies, including pipeline investments;

(h) The appropriate roles for investor-owned utilities in the production, sale, or use of clean hydrogen, including considering whether costs may be recovered from ratepayers;

(i) The potential impact of investor-owned utility investments in a clean hydrogen project on ratepayers, including on bills, rates, and rate stability, and options for avoiding potential cross-subsidization and cost shifting across rate classes;

(j) Principles and requirements for any tariffs for the sale of clean hydrogen to third parties, including principles and requirements to ensure that costs arising from the development, production, transport, and delivery of the clean hydrogen under those tariffs are not borne by customers who do not take service from those tariffs;

(k) The process and data necessary and available to implement a requirement for the adoption of methods for:

(I) The measurement of lifecycle greenhouse gas emissions rates, including for hourly matching of electricity used;

(II) The tracking of the deployment of new renewable energy resources or use of curtailed renewable energy to meet electricity requirements for production of clean hydrogen in the same load balancing area; and

(III) The commission to determine when at least two hundred megawatts of electrolyzers are operational in the state;

(l) The process and data necessary for an investor-owned utility to conduct a cumulative impact analysis of a clean hydrogen project and any process necessary to avoid adverse cumulative impacts on disproportionately impacted communities, if any, which may include the commission considering:

(I) The time frame over which a cumulative impact analysis should be conducted;

(II) The geographical scope of a cumulative impact analysis; and

(III) Whether the cumulative impact analysis should be compared to alternative projects;

(m) Requirements for any application for a clean hydrogen project, in addition to the requirements described in subsection (3)(a)(VI) of this section and subject to subsections (4) and (5) of this section;

(n) Any data or information necessary or available to evaluate a clean hydrogen project against alternative projects, including how to measure, track, and report lifecycle greenhouse gas emissions rates, cumulative impacts, and the cumulative impacts and individual impacts on jobs, local economic benefits, and water use by clean hydrogen projects under the commission's jurisdiction;

(o) Opportunities to encourage non-utility production of clean hydrogen in Colorado, including opportunities for an investor-owned utility to propose a tariff for the sale of renewable energy that would otherwise be curtailed; and

(p) Any other relevant issues that the commission determines are necessary to consider.

(3) (a) No later than December 1, 2024, unless the office files a notice with the commission stating that the federal department of energy has extended or otherwise altered the deadline regarding funding for a hydrogen hub project, the commission shall adopt rules that:

(I) Unless the commission determines that investor-owned utilities should not develop clean hydrogen projects for cost recovery from ratepayers, establish requirements for the presentation of a clean hydrogen project to the commission for the commission's approval;

(II) Establish requirements for lifecycle greenhouse gas emissions rate accounting for clean hydrogen projects;

(III) Address the appropriate role of investor-owned utilities in the production, sale, and use of clean hydrogen, including whether and how costs may be recovered from ratepayers and appropriate treatment of revenues from clean hydrogen sales;

(IV) Address how investor-owned utilities may use competitive solicitations in a clean hydrogen project and any limitations for the use of competitive solicitations to develop the clean hydrogen project;

(V) Establish a requirement that any planned or potential use for the clean hydrogen in buildings or gas distribution systems of an investor-owned utility be proposed to and approved by the commission through a clean heat plan, as defined in section 40-3.2-108 (2)(b); and

(VI) Address what is required in an application by an investor-owned utility for a clean hydrogen project, subject to subsections (4) and (5) of this section, including:

(A) A comparison of a clean hydrogen project to alternative projects, including an analysis of the costs and benefits of the clean hydrogen project compared to alternative projects;

(B) A description of how the investor-owned utility will measure and track the annual and cumulative lifecycle greenhouse gas emissions rates and the emission of other air pollutants in accordance with the rules adopted pursuant to subsection (3)(a)(II) of this section;

(C) A description of how the investor-owned utility will: Minimize the lifecycle greenhouse gas emissions rates of the clean hydrogen project, conduct leak detection throughout the life of the clean hydrogen project, and conduct a cumulative impact analysis of the clean hydrogen project;

(D) An assessment of the annual water volume that will be used in the clean hydrogen project, including the source of water to be used;

(E) A description of any planned uses, including potential end uses by the investor-owned utility's customers, of the clean hydrogen produced through the clean hydrogen project, with a preference for qualified uses;

(F) A description of any planned sales of clean hydrogen to non-utility customers, with a preference for qualified uses;

(G) A description of the proposed method of cost recovery for the clean hydrogen project, including information regarding which rate classes will cover the costs of the clean hydrogen project;

(H) A description of the total revenue requirement for the clean hydrogen project;

(I) A description of the rate and bill impacts of the clean hydrogen project;

(J) A description of any tariffs for the sale of clean hydrogen produced by the clean hydrogen project;

(K) A proposal for the allocation of revenues received from the sale of clean hydrogen produced by the clean hydrogen project to non-utility customers among customers and the investor-owned utility, including which party bears the risk that the amount of revenue anticipated from the clean hydrogen project is not ultimately received;

(L) A cumulative impact analysis framework; and

(M) If the investor-owned utility plans to use a competitive solicitation process as part of the clean hydrogen project, a description of how the planned competitive solicitation process will be used and in what circumstances the process will be used.

(b) (I) The rules adopted by the commission pursuant to subsection (3)(a)(II) of this section must include requirements for:

(A) The matching of electrolyzer energy consumption with electricity production on an hourly basis, if the technology is available;

(B) Identifying the applicable energy source, if the investor-owned utility is reporting the energy source as resulting in zero emissions for clean hydrogen production and demonstrating that the electricity used to produce clean hydrogen comes from renewable energy that would otherwise have been curtailed or not delivered to load or from new zero carbon generation that began production no more than thirty-six months before the start of the operations of the electrolyzer; and

(C) The deliverability of renewable energy used by the electrolyzer into the same load balancing area as the electrolyzer.

(II) The commission shall make the rules adopted by the commission pursuant to subsection (3)(a)(II) of this section effective no later than January 1, 2028, or no later than one year after the deployment of hydrogen electrolyzers in the state exceeds two hundred megawatts, whichever is earlier.

(c) (I) In developing the rules pursuant to subsection (3)(a) of this section, the commission shall consider the potential for federal funding for clean hydrogen projects and that clean hydrogen projects implemented by investor-owned utilities may be necessary to secure federal funding.

(II) In developing the rules pursuant to subsection (3)(a)(II) of this section, the commission shall consider what information and market mechanisms are necessary and available for hydrogen producers to comply with the rules. If the federal internal revenue service issues guidance that meets or exceeds the rules, the commission shall adopt rules that comply with the guidance.

(d) If the office files the notice described in subsection (3)(a) of this section with the commission, the commission shall coordinate with the office to determine an appropriate date for the adoption of the rules described in subsection (3)(a) of this section.

(4) (a) The commission shall allow an investor-owned utility to present to the commission a stand-alone application for a clean hydrogen project for which an investor-owned utility has applied for federal funding as part of a hydrogen hub project at any time before June 1, 2024, unless the office files a notice with the commission stating that the federal department of energy has extended or otherwise altered the deadline regarding funding for a hydrogen hub project. The application may only address elements of a hydrogen hub project that are not located in the Denver metropolitan area.

(b) The application process described in subsection (4)(a) of this section must be consistent with the requirements of subsection (3) of this section. An investor-owned utility seeking approval of a clean hydrogen project pursuant to subsection (4)(a) of this section shall also demonstrate that a time-sensitive review of the investor-owned utility's application is necessary based on the timing requirements for obtaining necessary funding, not including tax credits, from, or a partnership with, a federal or state agency for the acquisition of necessary facilities and that the funding or partnership cannot be accomplished through any pending or future electric resource planning process.

(c) If the funding or partnership described in subsection (4)(b) of this section, including any associated contracts, awards, or timing requirements, allows for competitive solicitations as part of the development of the clean hydrogen project, the commission may direct the investor-owned utility to issue a solicitation to acquire the necessary projects or facilities for the clean hydrogen project. The commission shall review any approved competitive solicitation process and bids received prior to the investor-owned utility's acquisition of the necessary facilities for the clean hydrogen project. An investor-owned utility that filed the clean hydrogen project application pursuant to subsection (4)(a) of this section may submit a bid in response to a solicitation pursuant to this subsection (4)(c).

(5) (a) In reviewing, approving, denying, or amending an application pursuant to this section, the commission shall consider, at a minimum:

(I) Whether it is in the public interest for an investor-owned utility to invest in the elements of the clean hydrogen project as set forth in the application;

(II) The potential contribution of the clean hydrogen project in meeting the greenhouse gas emission reduction goals described in section 25-7-102 (2)(g), including lifecycle greenhouse gas emissions rates;

(III) The impacts of the clean hydrogen project compared to alternative projects, including:

(A) Rate and bill impacts;

(B) The impacts on rate stability; and

(C) Any other impacts identified by the commission pursuant to this subsection (5)(a);

(IV) The use of competitive solicitations, if any;

(V) If the clean hydrogen project contemplates the sale of clean hydrogen, the potential for cross-subsidization and cost shifting across rate classes;

(VI) The impacts of the clean hydrogen project on the utility workforce in the state, including the use of "best value" employment metrics pursuant to section 40-2-129;

(VII) The impacts of the clean hydrogen project on a community's tax base and revenues;

(VIII) The uses of the clean hydrogen produced by the clean hydrogen project, with a preference for qualified uses;

(IX) The public health and safety impacts of the clean hydrogen project; and

(X) The availability of federal funding for the clean hydrogen project.

(b) The commission shall review any clean hydrogen project application submitted pursuant to this section in accordance with any applicable electric resource planning rules.

(c) In reviewing, approving, denying, or amending an application pursuant to this section, if the clean hydrogen project is proposed to be sited in an area that would affect a disproportionately impacted community, the commission shall weigh the applicant's cumulative impacts analysis and determine whether, on balance, the clean hydrogen project will have a positive effect on the disproportionately impacted community. Any proposal that will have net negative cumulative impacts on any disproportionately impacted community must be denied. The commission's determination must include a plain language summary of its determination.

(6) Notwithstanding any provision of this section to the contrary, an investor-owned utility shall provide notice to the commission of any application for federal funding as part of a hydrogen hub project, including:

(a) Any hydrogen hub project milestones;

(b) A description of any deadlines for submission of materials to support the application, including whether any additional filings will be required; and

(c) To the extent known or consistent with any requirements or limitations of the federal department of energy or any related joint memorandums of understanding or other contracts entered into by the investor-owned utility and the state, information regarding when funding awards will be determined.

(7) (a) An investor-owned utility that operates a clean hydrogen project approved pursuant to this section shall submit to the commission an annual report that shows:

(I) The lifecycle greenhouse gas emissions rates from the clean hydrogen project;

(II) The greenhouse gas emissions from the clean hydrogen project;

(III) Any emission of other air pollutants from the clean hydrogen project;

(IV) The water use of the clean hydrogen project;

(V) Production volumes and sales of hydrogen, including types of customers and uses;

(VI) Project development and cost updates for projects with cost recovery from ratepayers; and

(VII) Net cumulative impact updates for projects located in disproportionately impacted communities.

(b) If the clean hydrogen project includes the production and the use or consumption of clean hydrogen by the investor-owned utility, the investor-owned utility shall report the lifecycle greenhouse gas emissions rates of the clean hydrogen project separately by each production facility and use.

(c) The annual report must include information that allows the office to make the verifications required pursuant to section 39-22-557 (4)(a)(II).
C.R.S. § 40-29-104 — CO Code / Title 40 / Article 29 / Section 40-29-104
40-29-104. Blocking switch rails, guardrails, wing rails, and split rails
Status: repealed

40-29-104. Blocking switch rails, guardrails, wing rails, and split rails. (Repealed)
C.R.S. § 40-41-116 — CO Code / Title 40 / Article 41 / Section 40-41-116
40-41-116. Sales of CO-EI property
Status: in_force

40-41-116. Sales of CO-EI property. (1) (a) A sale, assignment, or transfer of CO-EI property is an absolute transfer and true sale of, and not a pledge of or secured transaction relating to, the seller's right, title, and interest in, to, and under the CO-EI property if the documents governing the transaction expressly state that the transaction is a sale or other absolute transfer. A transfer of an interest in CO-EI property may be created only when all of the following have occurred:

(I) The financing order creating and describing the CO-EI property has become effective;

(II) The documents evidencing the transfer of the CO-EI property have been executed and delivered to the assignee; and

(III) Value is received.

(b) Upon the filing of a financing statement with the secretary of state, a transfer of an interest in CO-EI property is perfected against all third persons, including any judicial lien or other lien creditors or any claims of the seller or creditors of the seller, other than creditors holding a prior security interest, ownership interest, or assignment in the CO-EI property previously perfected in accordance with this subsection (1) or section 40-41-115. The secretary of state shall maintain a financing statement filed pursuant to this subsection (1)(b) in the same manner in which the secretary maintains and in the same record-keeping system in which the secretary maintains financing statements filed pursuant to article 9 of title 4. The filing of any financing statement pursuant to this subsection (1)(b) is governed by article 9 of title 4 regarding the filing of financing statements.

(2) The characterization of a sale, assignment, or transfer as an absolute transfer and true sale and the corresponding characterization of the property interest of the assignee is not affected or impaired by the existence or occurrence of any of the following:

(a) Commingling of CO-EI revenue with other money;

(b) The retention by the seller of:

(I) A partial or residual interest, including an equity interest, in the CO-EI property, whether direct or indirect, or whether subordinate or otherwise; or

(II) The right to recover costs associated with taxes, franchise fees, or license fees imposed on the collection of CO-EI revenue;

(c) Any recourse that the purchaser may have against the seller;

(d) Any indemnification rights, obligations, or repurchase rights made or provided by the seller;

(e) An obligation of the seller to collect CO-EI revenues on behalf of an assignee;

(f) The treatment of the sale, assignment, or transfer for tax, financial reporting, or other purposes;

(g) Any subsequent financing order amending a financing order as authorized by section 40-41-105 (4); or

(h) Any application of an adjustment mechanism as authorized by section 40-41-104 (2)(h).
C.R.S. § 40-2-129 — CO Code / Title 40 / Article 2 / Part 1 / Section 40-2-129
40-2-129. New resource acquisitions - factors in determination - local employment - "best
Status: repealed

40-2-129. New resource acquisitions - factors in determination - local employment - "best value" employment metrics - rules - report. (1) (a) (I) When evaluating electric resource acquisitions and requests for a certificate of convenience and necessity for construction or expansion of generating facilities, including but not limited to pollution control or fuel conversion upgrades and conversion of existing coal-fired plants to natural gas plants, the commission shall consider, in all decisions involved in electric resource acquisition processes, best value regarding employment of Colorado labor, as defined in section 8-17-101 (2)(a), and positive impacts on the long-term economic viability of Colorado communities. To this end, the commission shall require utilities to obtain and provide to the commission the following information regarding "best value" employment metrics:

(A) The availability of training programs, including training through apprenticeship programs registered with the United States department of labor's office of apprenticeship or by state apprenticeship agencies recognized by that office for all apprenticeable trades required to effectively deliver the project to completion;

(B) Employment of Colorado labor as compared to importation of out-of-state workers;

(C) The ability of the project to employ workers from traditionally underserved communities or disproportionately impacted communities as defined in section 24-4-109 (2)(b)(II);

(D) How the project supports domestic manufacturing through the utilization of Colorado and domestically produced materials, including consideration of the potential for domestically manufactured materials being unavailable in the marketplace;

(E) Long-term career opportunities; and

(F) Industry-standard wages, health care, and pension benefits.

(II) When a utility proposes to construct new facilities of its own, the utility shall supply similar information to the commission.

(b) Any electric resource acquisition decision must be based in part on review of the "best value" employment metrics criteria set forth in any solicitation document. The commission shall not approve any electric resource plan, acquisition, or power purchase agreement that fails to either:

(I) Provide the "best value" employment metrics documentation specified in the solicitation document; or

(II) In the alternative, certify compliance with objective "best value" employment metrics performance standards set forth in the solicitation document.

(c) The commission may waive the requirements of this section if a utility agrees to use a project labor agreement for construction or expansion of a generating facility.

(2) Following development or acquisition of a generating facility by a utility, for all generating facilities owned by the utility that do not emit carbon dioxide, the utility shall use utility employees or qualified contractors if the contractors' 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 infrastructure;

(b) Management functions to operate the infrastructure; or

(c) Any work included in a warranty.

(3) The provisions of this section regarding "best value" employment metrics do not apply to projects involving retail distributed generation, as defined in section 40-2-124 (1)(a)(VIII), 40-2-127 (2)(b)(I)(B), or 40-2-127.5 (2)(a)(II).

(4) Repealed.

(5) The commission shall promulgate rules requiring utilities, when submitting annual progress reports for an electric resource acquisition, to collect and provide to the commission information concerning the implementation of "best value" employment metrics, as described in subsection (1)(a) of this section, which metrics were approved by the commission during the acquisition planning process and which acquisitions are under construction by either the utility or by others.

(6) (a) On or before December 31, 2024, and on or before December 31 of each year thereafter, the commission shall submit a report to the energy and environment committee of the house of representatives and the transportation and energy committee of the senate, or any successor committees. The report must summarize the information concerning "best value" employment metrics that is reported to the commission by utilities pursuant to subsections (1)(a) and (5) of this section and indicate the manner in which the commission considered the information.

(b) Notwithstanding the limitation described in section 24-1-136 (11)(a)(I), the reporting requirement described in subsection (6)(a) of this section continues in perpetuity.
C.R.S. § 40-2-118 — CO Code / Title 40 / Article 2 / Part 1 / Section 40-2-118
40-2-118. Comprehensive energy report
Status: repealed

40-2-118. Comprehensive energy report. (Repealed)
C.R.S. § 40-3.2-104 — CO Code / Title 40 / Article 3.2 / Part 1 / Section 40-3.2-104
40-3.2-104. Electricity utility demand-side management programs - rules - annual report - de
Status: in_force

40-3.2-104. Electricity utility demand-side management programs - rules - annual report - definition. (1) It is the policy of the state of Colorado that a primary goal of electric utility least-cost resource planning is to minimize the net present value of revenue requirements. The commission may adopt rules as necessary to implement this policy.

(2) (a) The commission shall establish energy savings and peak demand reduction goals to be achieved by an investor-owned electric utility, taking into account the utility's cost-effective demand-side management potential, the need for electricity resources, the benefits of demand-side management investments, and other factors as determined by the commission.

(b) The energy savings and peak demand reduction goals must be at least five percent of the utility's retail system peak demand, measured in megawatts, in the base year and at least five percent of the utility's retail energy sales, measured in megawatt-hours, in the base year. The base year is 2006. The goals shall be met in 2018, counting savings in 2018 from demand-side management measures installed starting in 2006. The commission may establish interim goals and may revise the goals as it deems appropriate.

(c) Commencing January 1, 2019, the energy savings and peak demand reduction goals must be at least five percent of the utility's retail system peak demand, measured in megawatts, in the base year and at least five percent of the utility's retail energy sales, measured in megawatt-hours, in the base year. The base year is 2018. The goals shall be met in 2028, counting savings in 2028 from demand-side management measures installed starting in 2019. The commission may establish interim goals and may revise the goals as it deems appropriate.

(3) The commission shall permit electric utilities to implement cost-effective electricity DSM programs to reduce the need for additional resources that would otherwise be met through a competitive acquisition process.

(4) The commission shall ensure that utilities develop and implement DSM programs that give all classes of customers an opportunity to participate and shall give due consideration to the impact of DSM programs on nonparticipants and on low-income customers.

(5) The commission shall allow an opportunity for a utility's investments in cost-effective DSM programs to be more profitable to the utility than any other utility investment that is not already subject to special incentives. In complying with this subsection (5), the commission shall consider, without limitation, the following incentive mechanisms, which shall take into consideration the performance of the DSM program:

(a) An incentive to allow a rate of return on demand-side management investments that is higher than the utility's rate of return on other investments;

(b) An incentive to allow the utility to accelerate the depreciation or amortization period for demand-side management investments;

(c) An incentive to allow the utility to retain a portion of the net economic benefits associated with a DSM program for its shareholders;

(d) An incentive to allow the utility to collect the costs of DSM programs through a cost adjustment clause;

(e) Other incentive mechanisms that the commission deems appropriate.

(6) Each investor-owned electric utility shall submit an annual report to the commission describing the DSM programs implemented by the electric utility in the previous year. The report shall document the following:

(a) Program expenditures, including incentive payments;

(b) Peak demand and energy savings impacts and the techniques used to estimate those impacts;

(c) Avoided costs and the techniques used to estimate those costs;

(d) The estimated cost-effectiveness of the DSM programs;

(e) The net economic benefits of the DSM programs; and

(f) Any other information required by the commission.

(7) For purposes of this section, "electric utility" or "utility" means "investor-owned utility".
C.R.S. § 40-22-105 — CO Code / Title 40 / Article 22 / Section 40-22-105
40-22-105. Offices - one in this state
Status: in_force

40-22-105. Offices - one in this state. Such new company, as soon as convenient after such consolidation, shall establish such offices as may be desired, one of which shall be at some point in this state on the line of its road, and may change the same to any other point in this state at pleasure, giving public notice thereof in some newspaper published in this state.
C.R.S. § 40-15-307 — CO Code / Title 40 / Article 15 / Part 3 / Section 40-15-307
40-15-307. Switched access
Status: in_force

40-15-307. Switched access. Switched access shall not be deregulated pursuant to section 40-15-305 prior to the enactment of enabling legislation authorizing such deregulation.
C.R.S. § 40-3.2-203 — CO Code / Title 40 / Article 3.2 / Part 2 / Section 40-3.2-203
40-3.2-203. Definitions
Status: in_force

40-3.2-203. Definitions. As used in this part 2, unless the context otherwise requires:

(1) "Air quality control commission" means the commission created in section 25-7-104, C.R.S.

(2) "Department" means the department of public health and environment.

(3) "Federal act" means the federal "Clean Air Act", 42 U.S.C. sec. 7401 et seq., as amended.

(4) "State act" means the "Colorado Air Pollution Prevention and Control Act", article 7 of title 25, C.R.S.

(5) "State implementation plan" means the plan required by and described in section 110 (a) and other provisions of the federal act.
C.R.S. § 40-7-116 — CO Code / Title 40 / Article 7 / Section 40-7-116
40-7-116. Enforcement of civil penalties against carriers
Status: in_force

40-7-116. Enforcement of civil penalties against carriers. (1) (a) Investigative personnel of the commission, Colorado state patrol officers, and port of entry officers as defined in section 42-8-102 (3), C.R.S., have the authority to issue civil penalty assessments for the violations enumerated in sections 40-7-112 and 40-7-113. When a person is cited for the violation, the person operating the motor vehicle involved shall be given notice of the violation in the form of a civil penalty assessment notice.

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

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

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

(III) A brief description of the alleged violation, the date and approximate location of the alleged violation, and the maximum penalty amounts prescribed for the violation;

(IV) The date of the notice;

(V) A place for the person to execute a signed acknowledgment of receipt of the civil penalty assessment notice;

(VI) A place for the person to execute a signed acknowledgment of liability for the violation; and

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

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

(d) (I) If the person cited does not pay the prescribed penalty within ten days after the issuance of the notice, the civil penalty assessment notice constitutes a complaint to appear before the commission. The person cited shall contact the commission on or before the time and date specified in the notice to set the complaint for a hearing on the merits in accordance with section 40-6-109. If the person cited fails to contact the commission on or before the time and date specified, the commission shall set the complaint for hearing.

(II) At the hearing, the commission has the burden of demonstrating a violation by a preponderance of the evidence.

(2) A civil penalty assessment notice shall not be considered defective so as to provide cause for dismissal solely because of a defect in the content of such civil penalty assessment notice. Any defect in the content of a civil penalty assessment notice issued as described in subsection (1) of this section may be cured by a motion to amend the same filed with the commission prior to hearing on the merits. No such amendment shall be permitted if substantial rights of the person cited are prejudiced.
C.R.S. § 40-10.1-407 — CO Code / Title 40 / Article 10.1 / Part 4 / Section 40-10.1-407
40-10.1-407. Records - rules
Status: in_force

40-10.1-407. Records - rules. (1) A towing carrier shall record the following information for each nonconsensual tow:

(a) The unique serial number of the tow record or invoice;

(b) The name, address, towing carrier permit number, and telephone number of the towing carrier;

(c) The address and telephone number of the storage facility used by the towing carrier;

(d) The make, model, year, complete vehicle identification number, and license plate number, if available, of the towed vehicle;

(e) The origin address of the tow, the destination address of the tow, and the one-way mileage between the two addresses;

(f) The printed name, address, telephone number, and signature of the person authorizing the tow;

(g) The printed name and signature of the tow truck driver;

(h) An itemized invoice of all towing charges assessed;

(i) The signature of the person to whom the vehicle is released; except that the towing carrier may write "refused to sign" if the person to whom the vehicle is released refuses to sign the release document;

(j) The date and time of any of the following, if performed:

(I) Hooking the vehicle to the tow truck;

(II) Unhooking the vehicle from the tow truck;

(III) Completing the tow;

(IV) Notifying the appropriate law enforcement agency;

(V) Placing the vehicle in storage; and

(VI) Releasing the towed vehicle from storage; and

(k) Any other information required by rule of the commission.

(2) A towing carrier shall record the information required to be recorded by subsection (1) of this section before the action to which it refers is performed, unless impracticable due to safety concerns. If the safety concerns delay recording the information required by subsection (1) of this section, the towing carrier shall record the information as soon as reasonably possible.

(3) A towing carrier shall retain the information required in subsection (1) of this section for three years after the tow commenced.

(4) Within forty-eight hours after a request, a towing carrier shall provide the information required to be recorded by subsection (1) of this section to an authorized or interested person.
C.R.S. § 40-9.5-204 — CO Code / Title 40 / Article 9.5 / Part 2 / Section 40-9.5-204
40-9.5-204. Just compensation for service rights and facilities by municipality
Status: in_force

40-9.5-204. Just compensation for service rights and facilities by municipality. (1) The just compensation for electric distribution facilities and service rights shall be:

(a) The present-day reproduction cost, new, of the electric distribution facilities being acquired, less depreciation computed on a straight-line basis over thirty-five years with such depreciation being limited to one-half of such cost; and

(b) An amount equal to the cost of constructing any necessary facilities to reintegrate the system of the cooperative electric association located outside the municipality or the area annexed by the municipality after detaching the electric distribution facilities to be sold; and

(c) An annual amount, payable each year for a period of ten years following the date of purchase, equal to twenty-five percent of the revenues received by the municipality from the sale of electric power to the services within such municipality which were previously served by the cooperative electric association; and

(d) An annual amount equal to five percent of the revenues received by the municipality from the sale of electric power to the additional services that come into existence in the affected area, for each year for a period of ten years following the date of acquisition.

(2) If the cooperative electric association and the municipality cannot agree on the amount to be paid pursuant to subsection (1) of this section, either party may bring an action for condemnation or inverse condemnation in the district court for the county in which the property is located to determine the amount to be paid pursuant to the factors stated in subsection (1) of this section. During the pendency of any such action, the municipality shall deposit with the court the amount the municipality has offered to be paid the cooperative electric association, and, upon said payment, the municipality shall have the right to serve all electric customers within the annexed area.
C.R.S. § 40-29-107 — CO Code / Title 40 / Article 29 / Section 40-29-107
40-29-107. Violation - penalty
Status: in_force

40-29-107. Violation - penalty. Any railroad company or the receiver or lessee thereof doing business in the state of Colorado which violates the provisions of section 40-29-106 shall be liable to the state of Colorado for a penalty of not less than one hundred dollars nor more than one thousand dollars for each and every locomotive not so equipped, counting each train hauled by such locomotive a separate and distinct offense, and such penalties shall be recovered and suit brought in the name of the state of Colorado in a court of proper jurisdiction in any county in or through which such line of railroad may be operated.
C.R.S. § 40-33-105 — CO Code / Title 40 / Article 33 / Section 40-33-105
40-33-105. Presumptive evidence
Status: in_force

40-33-105. Presumptive evidence. In all actions brought against any such common carrier under or by virtue of any of the provisions of this article to recover damages for personal injury to the employee, or where such injuries have resulted in his death, the fact of any such injury or death occurring to such employee and arising out of and in the course of his employment shall be presumptive evidence of the want of reasonable skill and care on the part of such carrier and its agents, servants, and employees in reference to such injury or death unless and until rebutted.
C.R.S. § 40-3-103 — CO Code / Title 40 / Article 3 / Section 40-3-103
40-3-103. Utilities to file rate schedules - rules
Status: in_force

40-3-103. Utilities to file rate schedules - rules. (1) Under the rules prescribed by the commission, each public utility shall file with the commission, within the time and in the form designated by the commission, and shall print and keep open to public inspection, schedules showing all rates, tolls, rentals, charges, and classifications collected or enforced, or to be collected and enforced, together with all rules, regulations, contracts, privileges, and facilities that in any manner affect or relate to rates, tolls, rentals, classifications, or service.

(2) (a) On or after January 1, 2018, on a schedule determined by the commission, each investor-owned electric utility shall file for the commission's review a comprehensive billing format that the investor-owned electric utility has developed for its monthly billing of customers. The comprehensive billing format must include the following components of a customer's monthly bill:

(I) A line-item representation of all monthly charges and credits applied to the customer and an indication of whether the charges have changed from the prior month as a result of changes in fuel costs;

(II) For months in which tiered rates are applied, a breakdown of the tiered rates and the amount of usage to which each rate was applied for the month;

(III) The daily average cost for the current month compared to the same month in the previous calendar year;

(IV) A glossary of terms used by the utility in the monthly bill;

(V) A description of each of the monthly fees that the utility may charge the customer;

(VI) The usage for the current month and each of the previous twelve months, as shown in a bar graph or similar visual format; and

(VII) For customers to which demand rates apply, a listing of the applicable demand charge, the peak demand during the billing period, and, provided the utility can reasonably ascertain such data, the date and time at which the peak demand occurred.

(b) Each investor-owned electric utility shall provide its customers, on a biannual basis, with either an onsert or an insert that indicates, as a percentage, each fuel source used in power generation and purchased for that utility, including renewable energy sources, natural gas, and coal.

(c) (I) The commission shall review a filing submitted pursuant to subsection (2)(a) of this section within thirty days after the filing. If the commission determines that the filing does not meet the comprehensive billing format requirements set forth in subsection (2)(a) of this section, the commission may require the investor-owned electric utility to resubmit a comprehensive billing format in compliance with the requirements. The commission shall notify the investor-owned electric utility in writing of the reasons for the deficiency, and the investor-owned electric utility shall resubmit a comprehensive billing format in compliance with the requirements of subsection (2)(a) of this section within sixty days after the date of the commission's notice of deficiency; except that the commission may, upon request, extend the deadline.

(II) After the commission has approved a comprehensive billing format submitted by an investor-owned electric utility pursuant to subsection (2)(a) of this section, the investor-owned electric utility need not resubmit a comprehensive billing format unless the investor-owned electric utility makes changes to its comprehensive billing format.
C.R.S. § 40-9.5-102 — CO Code / Title 40 / Article 9.5 / Part 1 / Section 40-9.5-102
40-9.5-102. Definitions
Status: in_force

40-9.5-102. Definitions. As used in this part 1, unless the context otherwise requires:

(1) "Cooperative electric association" or "association" includes a nonprofit electric corporation or association but does not include nonprofit generation and transmission electric corporations or associations.

(2) "Joint membership" means a membership in a cooperative electric association in which more than one individual is treated as a single member of the cooperative electric association in accordance with the cooperative electric association's bylaws. Each individual in a joint membership is a joint member.
C.R.S. § 40-6.5-101 — CO Code / Title 40 / Article 6.5 / Section 40-6.5-101
40-6.5-101. Definitions
Status: in_force

40-6.5-101. Definitions. As used in this article 6.5, unless the context otherwise requires:

(1) "Agricultural consumer" means a public utility customer whose utility service is classified as an agricultural user or an irrigation user pursuant to a utility tariff established by the commission or a public utility customer who is seeking such tariff status.

(1.3) "Board" means the utility consumers' board created in section 40-6.5-102 (3)(a).

(2) "Commission" means the public utilities commission created in article 2 of this title.

(2.2) "Director" means the director of the office, appointed pursuant to section 40-6.5-102 (1).

(2.4) "Executive director" means the executive director of the department of regulatory agencies, appointed pursuant to section 24-34-101 (1)(a).

(2.8) "Office" means the office of the utility consumer advocate created in section 40-6.5-102 (1).

(3) "Public utility" means an electric utility or gas utility.

(4) "Residential consumer" means a public utility customer whose utility service is limited to his residence.

(5) "Small business consumer" means a public utility customer whose utility service is classified as a small business user or a small commercial user pursuant to a utility tariff established by the commission or a public utility customer who is seeking such tariff status.

(6) "Telecommunications service" means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.
C.R.S. § 40-6-121 — CO Code / Title 40 / Article 6 / Section 40-6-121
40-6-121. Computation of time
Status: in_force

40-6-121. Computation of time. When the day for the performance of any act under this title, the effective date of any commission decision or order, the effective date of any administrative law judge's or commissioner's recommended decision, or the day upon which any document is required to be filed with the commission falls on any Saturday or Sunday, or on any day when the commission office is lawfully closed, the same shall be continued until 5 p.m. on the first full business day following such Saturday, Sunday, or day of lawful closing.
C.R.S. § 40-30-102 — CO Code / Title 40 / Article 30 / Section 40-30-102
40-30-102. Penalty for noncompliance
Status: in_force

40-30-102. Penalty for noncompliance. Any railroad company failing to comply with the provisions of section 40-30-101 shall be liable to pay a penalty of two hundred dollars for each and every mile or fractional part thereof of such strip of land it neglects to plow on either side of the line of its road in this state, in each and every year, the same to be collected in an action of debt in any court of competent jurisdiction in the name of the people of the state of Colorado, and when collected it shall be paid into the school fund of the county wherein the cause of action accrued. The action shall be brought within the time period prescribed in section 13-80-101, C.R.S.
C.R.S. § 40-41-105 — CO Code / Title 40 / Article 41 / Section 40-41-105
40-41-105. Effect of financing order
Status: in_force

40-41-105. Effect of financing order. (1) A financing order remains in effect until the CO-EI bonds issued as authorized by the financing order have been paid in full and all financing costs relating to the CO-EI bonds have been paid in full.

(2) A financing order remains in effect and unabated notwithstanding the bankruptcy, reorganization, or insolvency of the electric utility to which the financing order applies or any affiliate of the electric utility or successor entity or assignee.

(3) Subject to judicial review as provided for in section 40-41-108, a financing order is irrevocable. Therefore, notwithstanding section 40-6-112 (1), the commission may not reduce, impair, postpone, or terminate CO-EI charges approved in a financing order or impair CO-EI property or the collection or recovery of CO-EI revenue.

(4) Notwithstanding subsection (3) of this section, upon the request of an electric utility or at the request of parties in the commission proceeding, the commission may commence a proceeding and issue a subsequent financing order that provides for refinancing, retiring, or refunding CO-EI bonds issued pursuant to the original financing order if:

(a) The commission makes all of the findings specified in section 40-41-104 (1) with respect to the subsequent financing order; and

(b) The subsequent financing order does not impair in any way the covenants and terms of the CO-EI bonds to be refinanced, retired, or refunded.
C.R.S. § 40-2-201 — CO Code / Title 40 / Article 2 / Part 2 / Section 40-2-201
40-2-201. Legislative declaration
Status: in_force

40-2-201. Legislative declaration. (1) The general assembly finds, determines, and declares that:

(a) Energy storage systems provide potential opportunities to:

(I) Reduce system costs;

(II) Support diversification of energy resources; and

(III) Enhance grid safety and reliability;

(b) For these reasons, it is in the public interest to explore the use of energy storage systems in Colorado and to integrate into the planning process mechanisms for the procurement of energy storage systems by Colorado's electric utilities through evaluation and procurement methodologies.
C.R.S. § 40-8-102 — CO Code / Title 40 / Article 8 / Section 40-8-102
40-8-102. Undistributed balance to county commissioners - when
Status: in_force

40-8-102. Undistributed balance to county commissioners - when. Subject to the provisions of section 40-8-101, in all cases where rights to refunds from a similar overcharge have accrued to the inhabitants of any county, outside of a municipality therein, the undistributed balance shall be turned over to the county commissioners of such county.
C.R.S. § 40-10.1-303 — CO Code / Title 40 / Article 10.1 / Part 3 / Section 40-10.1-303
40-10.1-303. Livery license plates - rules
Status: in_force

40-10.1-303. Livery license plates - rules. (1) The commission shall either:

(a) Create a document that a person authorized to provide luxury limousine service under this article may use to verify to the department of revenue or its authorized agent that the person provides such service; or

(b) Create a system to electronically verify to the department of revenue or its authorized agent that the person is authorized to provide luxury limousine service under this article.

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

(3) The commission may promulgate rules to implement this section and to enforce section 42-3-235, C.R.S.
C.R.S. § 40-7.5-102 — CO Code / Title 40 / Article 7.5 / Section 40-7.5-102
40-7.5-102. Civil action allowed
Status: in_force

40-7.5-102. Civil action allowed. (1) A utility may bring a civil action for damages against any person who commits, authorizes, solicits, aids, abets, or attempts any of the following acts resulting in damages to the utility: Bypassing, tampering, or unauthorized metering. In addition, a utility may bring a civil action for damages pursuant to this section against any person who knowingly receives utility service through means of bypassing, tampering, or unauthorized metering. An action brought pursuant to this section shall be commenced within three years after the cause of action accrues.

(2) In any civil action brought pursuant to this section, the utility shall be entitled, upon proof of willful or intentional bypassing, tampering, or unauthorized metering, to recover as damages three times the amount of the actual damages, if any, plus all reasonable expenses and costs incurred on account of the bypassing, tampering, or unauthorized metering, including, but not limited to, costs and expenses for investigation, disconnection, reconnection, service calls, employees and equipment, and expert witnesses; costs of the suit; and reasonable attorney fees.
C.R.S. § 40-2-137 — CO Code / Title 40 / Article 2 / Part 1 / Section 40-2-137
40-2-137. Investor-owned utility electric resource planning - retirement of electric gener
Status: in_force

40-2-137. Investor-owned utility electric resource planning - retirement of electric generating facility - commission to consider securitization as means of financing. (1) For each investor-owned electric utility that submits for commission approval an electric resource plan that includes a portfolio in which an existing electric generating facility in the state would be retired, the commission shall require the investor-owned electric utility to present as part of the resource plan the net present value of revenue requirements for the portfolio based on:

(a) A projection in which the investor-owned electric utility issues CO-EI bonds, as defined in section 40-41-102 (5), to recover, finance, or refinance costs arising from the retirement of the electric generating facility pursuant to the "Colorado Energy Impact Bond Act", article 41 of this title 40; and

(b) A projection in which the investor-owned electric utility does not issue CO-EI bonds.

(2) The commission shall consider the two net present value of revenue requirement options presented by the investor-owned electric utility in its review of the investor-owned electric utility's electric resource plan.
C.R.S. § 40-10.1-603 — CO Code / Title 40 / Article 10.1 / Part 6 / Section 40-10.1-603
40-10.1-603. Limited regulation
Status: in_force

40-10.1-603. Limited regulation. Transportation network companies are governed exclusively by this part 6, except as otherwise provided in article 6 of title 25.5. A transportation network company is not subject to the commission's rate, entry, operational, or common carrier requirements, other than those requirements expressly set forth in this part 6.
C.R.S. § 40-2-134 — CO Code / Title 40 / Article 2 / Part 1 / Section 40-2-134
40-2-134. Wholesale electric cooperatives - electric resource planning - definition - rule
Status: in_force

40-2-134. Wholesale electric cooperatives - electric resource planning - definition - rules. (1) (a) The commission shall promulgate rules that require each wholesale electric cooperative to submit to the commission an application for approval of an integrated or electric resource plan. The commission shall evaluate a wholesale electric cooperative plan using rules that the commission has adopted that are applicable to wholesale electric cooperatives.

(b) In developing rules for a wholesale electric cooperative, the commission must consider, among other factors determined by the commission, whether each wholesale electric cooperative:

(I) Serves a multistate operational jurisdiction;

(II) Has a not-for-profit ownership structure; and

(III) Has a resource plan that meets the energy policy goals of the state.

(2) As used in this section, "wholesale electric cooperative" means any generation and transmission cooperative electric association that provides wholesale electric service directly to cooperative electric associations.
C.R.S. § 40-10.1-501 — CO Code / Title 40 / Article 10.1 / Part 5 / Section 40-10.1-501
40-10.1-501. Definitions
Status: in_force

40-10.1-501. Definitions. As used in this part 5, unless the context otherwise requires:

(1) "Accessorial service" means any service performed by a mover that results in a charge to the shipper and is incidental to the transportation service, including valuation coverage; preparation of written inventory; equipment, including dollies, hand trucks, pads, blankets, and straps; storage, packing, unpacking, or crating of articles; hoisting or lowering; waiting time; long carry, which is defined as carrying articles excessive distances between the mover's vehicle and the residence; overtime loading and unloading; reweighing; disassembly or reassembly; elevator or stair carrying; boxing or servicing of appliances; and furnishing of packing or crating materials. "Accessorial service" also includes services not performed by the mover but by a third party at the request of the shipper or mover if the charges for such services are to be paid to the mover by the shipper at or prior to the time of delivery.

(2) "Contract" means a written document, approved by the shipper in writing before the performance of any service, that authorizes services from the named mover and lists the services and all costs associated with the transportation of household goods and accessorial services to be performed.

(3) "Estimate" means a written document that sets forth the total cost and the basis of such costs related to a shipper's move, including transportation or accessorial services.

(4) "Storage" means warehousing of the shipper's goods while under the care, custody, and control of the mover.
C.R.S. § 40-9.8-104 — CO Code / Title 40 / Article 9.8 / Section 40-9.8-104
40-9.8-104. Microgrids for community resilience grant program - creation - grant application
Status: repealed

40-9.8-104. Microgrids for community resilience grant program - creation - grant application process - report - repeal. (1) (a) (I) The microgrids for community resilience grant program is hereby created in the division to provide grants for cooperative electric associations and municipally owned utilities to purchase microgrid resources for eligible rural communities located within their service territories. The division, in collaboration with the office and energy office, shall award grants from the money that the general assembly appropriates to the department for use by the division for the grant program, as well as any money received from federal sources that may be used for the grant program. The department may apply for, receive, and distribute federal money for the grant program, and may seek, accept, and expend gifts, grants, and donations from private and public resources.

(II) In addition to collaborating with the division regarding the awarding of grants pursuant to subsection (1)(a)(I) of this section, the energy office shall advise the division on criteria to consider in awarding grants, review copies of grant applications, and advise the division based on the energy office's review of the grant applications.

(III) The division, office, energy office, and department may use a portion of the grant program money for administrative purposes in an amount not to exceed the amount of money required to cover their direct and indirect costs in administering the grant program.

(b) To administer the grant program, the division, in collaboration with the office and the energy office, shall develop a grant application process and, on or before January 1, 2023, post information about the process, including any application form developed and deadlines set, on the department's website. The division shall begin accepting applications after it posts the information about the application process on the department's website. The division shall continue to accept applications until all of the grant money is awarded.

(c) Only cooperative electric associations and municipally owned utilities that serve eligible rural communities are eligible to apply for a grant under the grant program.

(2) As part of its grant application, an applicant must:

(a) Identify one or more eligible rural communities within the applicant's service territory for which the applicant plans to utilize microgrid resources to increase the community's resilience regarding interruptions to the electric grid that can be caused by severe weather or natural disaster events; and

(b) Submit with the application a plan detailing how the applicant will utilize microgrid resources in one or more eligible rural communities identified in the application pursuant to subsection (2)(a) of this section.

(3) In awarding grants, the division, in collaboration with the office and energy office, shall consider the following with regard to one or more eligible rural communities that an applicant identifies in its grant program application:

(a) Each eligible rural community's degree of exposure to severe weather or natural disaster events;

(b) The nature of each eligible rural community's interests that are at risk from severe weather or natural disaster events;

(c) The availability of alternative resources to meet the needs of each eligible rural community if faced with a severe weather or natural disaster event;

(d) The opportunity for the utility to promote energy efficiency and demand-side management programs; and

(e) The financial resources of each eligible rural community to mitigate the risks.

(4) In awarding grants, the division, in collaboration with the office and energy office, shall prioritize microgrids with a higher reliance on nonfossil-fuel-based generation.

(5) On or before December 1, 2023, and on or before December 1 of each year thereafter, the division shall submit a report summarizing the grants awarded in the previous twelve months through the grant program, including:

(a) The number of grants awarded; and

(b) For each grant awarded:

(I) The amount awarded;

(II) The location of the eligible rural community or communities for which the grant will be used; and

(III) Information concerning the grantee's progress in developing microgrid resources, including a description of the microgrid resources being developed and the kilowatt-hours that the microgrid resources are or will be capable of generating.

(6) The division shall publish the annual report on the department's website and furnish copies of the report to the house of representatives energy and environment committee and the senate transportation and energy committee, or their successor committees.

(7) This section is repealed, effective September 1, 2026.
C.R.S. § 40-22-103 — CO Code / Title 40 / Article 22 / Section 40-22-103
40-22-103. Result of consolidation
Status: in_force

40-22-103. Result of consolidation. Upon making and perfecting the agreement and act of consolidation and filing the same or a copy with the secretary of state, the several corporations which are parties thereto shall be deemed to be one corporation by the name provided in said agreement, possessing within this state all the rights, privileges, and franchises, and subject to all the restrictions, disabilities, and duties of each of such corporations so consolidated.
C.R.S. § 40-27-113 — CO Code / Title 40 / Article 27 / Section 40-27-113
40-27-113. Evidence destroyed - penalty
Status: in_force

40-27-113. Evidence destroyed - penalty. Any person who in any way conceals the evidence of the killing or wounding of any animal by any railroad train, engine, or cars on any railroad in this state or who in any way destroys or covers up the evidence that may lead to the identification of any animal so killed or injured commits a class 2 misdemeanor.
C.R.S. § 40-3.2-107 — CO Code / Title 40 / Article 3.2 / Part 1 / Section 40-3.2-107
40-3.2-107. Costs of methane pollution in gas DSM program planning - rules - definitions
Status: in_force

40-3.2-107. Costs of methane pollution in gas DSM program planning - rules - definitions. (1) The commission shall require a gas public utility subject to commission jurisdiction to consider the social cost of methane emissions, as set forth in subsection (2) of this section, when determining the cost, benefit, or net present value of revenue requirements of any plan or proposal submitted in an application related to, or the commission's evaluation of, programs adopted under section 40-3.2-103.

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

(b) When calculating the cost of methane emissions for any purpose listed in subsection (1) of this section, the commission shall obtain and apply the best available values for natural gas leakage during the extraction, processing, transportation, and delivery of natural gas by the gas public utility as well as leakage from piping or other equipment on customer premises. The commission shall take into account any relevant data and emissions accounting methodologies developed by the air quality control commission pursuant to section 25-7-140 regarding methane leakage rates and the appropriate global warming potential of methane. The commission shall use the same discount rate as that used to develop the federal social cost of methane, as set forth in the addendum to the technical support document.

(c) Notwithstanding the discount rate used for the cost of methane emissions, the commission shall discount other future cost streams into the net present value analysis of any resource portfolio in the gas DSM program planning process using a discount rate that the commission deems relevant to the parties responsible for financing or paying these future costs. When ratepayers are covering costs without investment from gas public utilities, such as environmental costs or pass-through fuel costs, the commission shall give consideration to discounting those costs with a stable long-term inflation rate that, in the commission's judgment, accurately represents the net present value of future cash flows experienced by ratepayers.

(3) As used in this section:

(a) "Addendum to the technical support document" means the 2016 addendum of the federal interagency working group on social cost of greenhouse gases, entitled "Addendum to Technical Support Document on Social Cost of Carbon for Regulatory Impact Analysis under Executive Order 12866: Application of the Methodology to Estimate the Social Cost of Methane and the Social Cost of Nitrous Oxide".

(b) "Technical support document" means the 2016 technical support document of the federal interagency working group on social cost of greenhouse gases, entitled "Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866".
C.R.S. § 40-10.1-608 — CO Code / Title 40 / Article 10.1 / Part 6 / Section 40-10.1-608
40-10.1-608. Rules
Status: in_force

40-10.1-608. Rules. (1) The commission may promulgate rules consistent with this part 6, including rules concerning administration, fees, and safety requirements.

(2) The commission may promulgate rules requiring a transportation network company to maintain and file with the commission evidence of financial responsibility and proof of the continued validity of the insurance policy, surety bond, or self-insurance, but shall not require a transportation network company to file a copy of the insurance policy.

(3) (a) In addition to any other rules authorized in this part 6, the commission shall coordinate with the department of education to promulgate rules implementing minimum safety standards for transportation network companies, personal vehicles, and transportation network company drivers when engaging in services provided under a contract with a school or school district. The commission shall promulgate the rules by September 1, 2022.

(b) At least once every three years, the commission shall, in consultation with the department of education, review and, if necessary, update the rules promulgated in accordance with this subsection (3) as reasonably necessary to ensure safe student transportation.

(c) Nothing in this subsection (3) prohibits a school or school district from setting higher standards for transporting a student to or from a school, school-related activity, or school-sanctioned activity.
C.R.S. § 40-15-506 — CO Code / Title 40 / Article 15 / Part 5 / Section 40-15-506
40-15-506. Advisory committee to committee on telecommunications policy - creation - duties
Status: repealed

40-15-506. Advisory committee to committee on telecommunications policy - creation - duties - repeal. (Repealed)
C.R.S. § 40-15-111 — CO Code / Title 40 / Article 15 / Part 1 / Section 40-15-111
40-15-111. Regulation of the discontinuation or rearrangement of basic local exchange servi
Status: in_force

40-15-111. Regulation of the discontinuation or rearrangement of basic local exchange service - measured or message rate service not required. (1) Every local exchange provider shall continue to offer and provide basic local exchange service in any exchange area it serves immediately prior to July 2, 1996, unless the commission determines that an alternative provider offers or provides functionally equivalent service to the customers in such exchange area.

(2) Rearrangements of exchange areas shall require a determination by the commission that such rearrangement will promote the public interest and welfare and will not adversely impact the public switched network of the affected local exchange provider or such provider's financial integrity.

(3) Measured or message rate service for end user customers shall not be required in order for such customers to obtain basic local exchange service unless the commission so orders.

(4) A telecommunications provider shall not base its charges for basic local exchange service on the volume or amount of data or voice traffic of an individual subscriber except with the prior approval of the commission following notice and the opportunity for a hearing.
C.R.S. § 40-10.1-509 — CO Code / Title 40 / Article 10.1 / Part 5 / Section 40-10.1-509
40-10.1-509. Outreach - fund
Status: in_force

40-10.1-509. Outreach - fund. The moving outreach fund is hereby created in the state treasury. The fund consists of one-half the penalties collected from movers and credited to the fund under section 40-7-112. The commission shall use the fund to educate consumers about their rights and the responsibilities of movers under this part 5. This outreach includes public service announcements about the licensing of movers. The moneys in the fund and any interest earned on moneys in the fund remain in the fund and do not revert to the general fund at the end of any fiscal year.
C.R.S. § 40-3.2-104.3 — CO Code / Title 40 / Article 3.2 / Part 1 / Section 40-3.2-104.3
40-3.2-104.3. Eliminating incentives for gas service to properties - gas line extension allowa
Status: in_force

40-3.2-104.3. Eliminating incentives for gas service to properties - gas line extension allowances - exemptions - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Applicant" means a person that requests natural gas service and that owns the real property requiring the service. "Applicant" includes a developer, builder, legal entity, or other person that has legal authority over the property.

(b) "Dual-fuel utility" means a utility that offers its customers both electric and gas service.

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

(d) "Line extension allowance" means a bundle of costs that includes construction allowances for new service lines, meters, and other infrastructure associated with the addition of a new customer to a gas utility's distribution system.

(2) (a) A gas utility shall not provide an applicant an incentive, including a line extension allowance, to establish gas service to a property.

(b) The commission may require a dual-fuel utility to provide its customers that receive gas and electric service from the utility with relevant information regarding options for switching to high-efficiency electric space heating or water heating, including:

(I) A list of appliances for which the utility provides incentives or rebates; and

(II) For existing or prospective customers that are government entities, a cost-benefit analysis of electrification options that includes up-front and lifetime costs, which analysis must take into account available incentives and rebates and use a reasonable cost that reflects gas price volatility.

(c) On or before December 31, 2023, each gas utility shall file with the commission an updated tariff to reflect the removal of any incentives for an applicant to establish gas service to a property.

(d) Notwithstanding subsection (2)(c) of this section, a utility may exempt from the updated tariff any applicant that:

(I) Has already submitted an application that has been approved or is pending as of August 7, 2023;

(II) Can demonstrate or attest that the applicant has submitted a permit application to the local government with permitting authority in the location of the property and that the application is either approved or pending as of August 7, 2023; or

(III) Can demonstrate or attest that the applicant has submitted to a local government a site development plan or plat that is either approved or pending as of August 7, 2023; except that an applicant that has submitted a site development plan or plat for which a permit application to the local government has not been approved on or before December 31, 2024, is not exempt.
C.R.S. § 40-3.5-106 — CO Code / Title 40 / Article 3.5 / Section 40-3.5-106
40-3.5-106. Advantages prohibited - graduated schedules
Status: in_force

40-3.5-106. Advantages prohibited - graduated schedules. (1) No municipal utility, as to rates, charges, service, facilities, or in any other respect, shall make or grant any preference or advantage to any corporation or person or subject any corporation or person to any prejudice or disadvantage. No municipal utility shall establish or maintain any unreasonable difference as to rates, charges, service, facilities, or in any other respect, either between localities or between any class of service. The governing body of each municipal utility shall determine the reasonableness of any such difference.

(2) Nothing in this article shall prohibit a municipal utility engaged in the production, generation, transmission, distribution, or furnishing of heat, light, gas, or power from establishing a graduated scale of charges subject to the provisions of this article.

(3) Nothing contained in this article shall exempt from the public utilities commission of the state of Colorado the power and authority to regulate the rates, charges, tariffs and any regulations pertaining thereto of the sale of natural gas by a municipal utility to another public utility.
C.R.S. § 40-20-114 — CO Code / Title 40 / Article 20 / Part 1 / Section 40-20-114
40-20-114. Term of existence - renewal
Status: in_force

40-20-114. Term of existence - renewal. No such corporation shall be formed to continue more than fifty years in the first instance, but such corporation may be renewed from time to time, in such manner as may be provided by law, for periods not longer than fifty years.
C.R.S. § 40-29-111 — CO Code / Title 40 / Article 29 / Section 40-29-111
40-29-111. Compliance
Status: in_force

40-29-111. Compliance. (1) It is the duty of all persons engaged in the operation of railroads to comply with any regulation or order of the commission issued under the provisions of section 40-29-110 and to furnish any information required by the commission for purposes of section 40-29-110. The provisions of said section shall not apply to any caboose operated on tracks of less than standard gauge nor to any caboose used only in yard service.

(2) The commission or its authorized agent may, during reasonable hours, enter the place of operation of any person engaged in the operation of railroads for the purpose of ascertaining whether the standards prescribed by authority of section 40-29-110 are being complied with.
C.R.S. § 40-42-105 — CO Code / Title 40 / Article 42 / Section 40-42-105
40-42-105. Electric transmission bonds - conditions of issuance - electric transmission bon
Status: repealed

40-42-105. Electric transmission bonds - conditions of issuance - electric transmission bonding fund creation - auditor examination - payment from bonding fund - exemption from taxation. (1) The authority may issue and sell electric transmission bonds, payable solely from the electric transmission bonding fund, in compliance with this article 42 for the purpose of entering into a project when the authority determines that the project is needed. This article 42 is, without reference to any other law, full authority for the issuance and sale of bonds. Bonds have all the qualities of investment securities under the "Uniform Commercial Code", title 4, and shall not be deemed invalid for any irregularity or defect or be contestable in the hands of bona fide purchasers or holders of the bonds for value.

(2) (a) Bonds may be executed and delivered by the authority at such times; may be in such form and denominations and include such terms and maturities; may be subject to optional or mandatory redemption prior to maturity with or without a premium; may be in fully registered form or bearer form registrable as to principal or interest or both; may bear such conversion privileges; may be payable in such installments and at such times not exceeding thirty years; may be payable at such place or places whether within or without the state; may bear interest at such rate or rates per annum, which may be fixed or vary according to index, procedure, or formula or as determined by the authority or its agents, without regard to any interest rate limitation appearing in any other law of the state; may be subject to purchase at the option of the holder or the authority; may be evidenced in such manner; may be executed by such officers of the authority, including the use of one or more facsimile signatures so long as at least one manual signature appears on the bonds, which may be either of an officer of the authority or of an agent authenticating the same; may be in the form of coupon bonds that have attached interest coupons bearing a manual or facsimile signature of an officer of the authority; and may contain such provisions not inconsistent with this article 42, all as provided in the resolution of the authority under which the bonds are authorized to be issued or as provided in a trust indenture between the authority and any commercial bank or trust company having full trust powers.

(b) (I) Bonds may be sold at public or private sale at such price or prices, in such manner, and at such times as determined by the board, and the board may pay all fees, expenses, and commissions that it deems necessary or advantageous in connection with the sale of bonds.

(II) The board may delegate to an officer or agent of the board the power to:

(A) Fix the date of sale of bonds;

(B) Receive bids or proposals;

(C) Award and sell bonds;

(D) Fix interest rates; and

(E) Take all other action necessary to sell and deliver bonds.

(III) The authority may refund any outstanding bonds pursuant to article 56 of title 11.

(IV) All bonds and any interest coupons applicable to the bonds are declared to be negotiable instruments.

(c) Bonds are exempt from taxation by the state and any county, city and county, municipality, or other political subdivision of the state.

(d) Public entities, as defined in section 24-75-601 (1), may invest public money in bonds so long as the bonds satisfy the investment requirements established in part 6 of article 75 of title 24.

(e) Neither a member of the board nor an employee of the authority nor any person executing bonds is liable personally on the bonds or subject to any personal liability by reason of the issuance of the bonds.

(3) (a) (I) The electric transmission bonding fund is created in the authority. The bonding fund consists of:

(A) Revenue received by the authority from operating or leasing eligible facilities;

(B) Fees and service charges collected;

(C) Bond proceeds;

(D) Money from payments of principal and interest on loans if the authority has provided financing for eligible facilities; and

(E) All interest and income derived from the deposit and investment of money in the bonding fund.

(II) The authority may create separate accounts within the bonding fund in connection with any issuance of bonds and may deposit in the separate accounts revenue received by the authority from the financing or leasing of eligible facilities. Any separate account shall be held by a trustee acting under a trust indenture relating to the bonds connected to the account. Interest and income derived from the deposit and investment of money in a separate account shall be credited to the account.

(III) Balances in the bonding fund at the end of any state fiscal year remain in the bonding fund, except as otherwise provided in this section.

(b) (I) Money in the bonding fund shall be deposited in a bank designated by the authority in an account or accounts as the authority may establish. Money in accounts shall be withdrawn on the order of persons the authority may authorize. All deposits of money shall be secured in such manner as the authority may determine.

(II) All funds and activities of the authority, including its receipts, disbursements, contracts, leases, funds, investments, and any other records and papers relating to its financial standing, are subject to annual audit, at the authority's expense, in accordance with section 29-1-603.

(c) Money in the bonding fund is pledged for the payment of principal and interest on bonds issued pursuant to this article 42. Money in any separate account may be pledged solely to payment of the bonds for which the separate account was created. The authority may expend money in the bonding fund or a separate account for the purpose of paying debt service, including redemption premiums, on bonds and expenses incurred in the issuance, payment, and administration of the bonds.

(4) Twice annually the authority shall estimate the amounts needed to make debt service and other payments on bonds during the next twelve months from the bonding fund and from any separate account created in the bonding fund plus the amount that may be needed for any required reserves or other requirements as may be set forth in the trust indenture related to the bonds. The authority shall transfer to the electric transmission authority operational fund any balance in the bonding fund or any separate account created in the bonding fund above the estimated amounts. Payments for administrative costs shall be deposited in the operational fund.

(5) Bonds are payable solely from the bonding fund or from any separate account created within the bonding fund or, with the approval of the bondholders, such other special funds as may be provided by law, and the bonds do not create an obligation or indebtedness of the state within the meaning of any constitutional provision or law. A breach of a contractual obligation incurred pursuant to this article 42 does not impose a pecuniary liability or a charge upon the general credit or taxing power of the state.

(6) The state pledges that the bonding fund, including any separate account within the bonding fund, shall be used only for the purposes specified in this section and is pledged first to repay bonds issued pursuant to this article 42. The state further pledges that any law requiring the deposit of revenue in the bonding fund or authorizing expenditures from the bonding fund shall not be amended or repealed or otherwise modified so as to impair the bonds to which the bonding fund is dedicated as provided in this section.
C.R.S. § 40-32-113 — CO Code / Title 40 / Article 32 / Section 40-32-113
40-32-113. Extension of time
Status: repealed

40-32-113. Extension of time. (Repealed)
C.R.S. § 40-3.2-204 — CO Code / Title 40 / Article 3.2 / Part 2 / Section 40-3.2-204
40-3.2-204. Emission control plans - role of the department of public health and environment
Status: in_force

40-3.2-204. Emission control plans - role of the department of public health and environment - timing of emission reductions - approval. (1) On or before August 15, 2010, and in coordination with current or expected requirements of the federal act and the state act, all rate-regulated utilities that own or operate coal-fired electric generating units located in Colorado shall submit to the commission an emission reduction plan for emissions from those units.

(2) (a) The plan filed under this section shall cover a minimum of nine hundred megawatts or fifty percent of the utility's coal-fired electric generating units in Colorado, whichever is smaller. Except as set forth in section 40-3.2-206, the coal-fired capacity covered under the plan filed under this section shall not include any coal-fired capacity that the utility has already announced that it plans to retire prior to January 1, 2015. At the utility's discretion, the plan may include some or all of the following elements:

(I) New emission control equipment for oxides of nitrogen and other pollutants;

(II) Retirement of coal-fired units, if the retired coal-fired units are replaced by natural gas-fired electric generation or other low-emitting resources as defined in section 40-3.2-206, including energy efficiency;

(III) Conversion of coal-fired generation to run on natural gas;

(IV) Long-term fuel supply agreements;

(V) New natural gas pipelines and other supporting gas infrastructure;

(VI) Increased utilization of existing gas-fired generating capacity;

(VII) New transmission lines and other supporting transmission infrastructure;

(VIII) Emission control equipment that is required to be installed at affected units prior to or in conjunction with any retirement, conversion, or emission control equipment retrofit set forth under the plan in order to limit any pollutant other than oxides of nitrogen; and

(IX) Any other capital, fuel, and operations and maintenance expenditures appropriate to support the implementation of the plan.

(b) (I) Prior to filing the plan, the utility shall consult with the department and shall work with the department in good faith to design a plan to meet the current and reasonably foreseeable requirements of the federal act and state law in a cost-effective and flexible manner.

(II) The commission shall provide the department an opportunity to:

(A) Comment on the air quality, all other air pollutants, and other emission reductions of the plan; and

(B) Evaluate and determine whether the plan is consistent with the current and reasonably foreseeable requirements of the federal act.

(III) In commenting upon the utility's plan, the department shall determine whether any new or repowered electric generating unit proposed under the plan, other than a peaking facility utilized less than twenty percent on an annual basis or a facility that captures and sequesters more than seventy percent of emissions not subject to a national ambient air quality standard or a hazardous air pollutant standard, will achieve emission rates equivalent to or less than a combined-cycle natural gas generating unit.

(IV) The commission shall not approve a plan except after an evidentiary hearing and unless the department has determined that the plan is consistent with the current and reasonably foreseeable requirements of the federal act.

(c) The plan shall include a schedule that would result in full implementation of the plan on or before December 31, 2017. The schedule may include interim milestones. The utility shall design the schedule to protect system reliability, control overall cost, and assure consistency with the requirements of the federal act.

(d) The plan shall set forth the costs associated with activities identified in the plan, including the planning, development, construction, and operation of elements identified pursuant to subparagraphs (I) to (IX) of paragraph (a) of this subsection (2), as well as the costs of any shutdown, decommissioning, or repowering of existing coal-fired electric generating units that are set forth in the plan.
C.R.S. § 40-17.5-103 — CO Code / Title 40 / Article 17.5 / Section 40-17.5-103
40-17.5-103. Remittance of surcharges - incorrect or delinquent reports - penalties - adminis
Status: in_force

40-17.5-103. Remittance of surcharges - incorrect or delinquent reports - penalties - administrative fees - rules. (1) Every service supplier shall collect the 988 surcharge by the 988 crisis hotline enterprise pursuant to section 27-64-103 (4)(a) from its service users.

(2) The duty to collect or remit the 988 surcharge commences on January 1, 2022. The 988 surcharge must be stated separately or on the same line item as the 911 surcharge created in section 29-11-102.3. The revenues collected from the 988 and 911 surcharges must not be combined in any way and must be collected and remitted to the commission separately.

(3) A service supplier is liable only for the 988 surcharge collected pursuant to this article 17.5 until it is remitted to the commission. The amount remitted by the service supplier must reflect the actual collections based on the actual 988 access connections billed.

(4) A service supplier shall remit the 988 surcharge in accordance with section 40-17.5-102 and rules adopted by the commission.

(5) (a) The service supplier shall maintain a record of the amount of each 988 surcharge collected and remitted by service user address for a period of three years after the time the charge was collected and remitted.

(b) If a service supplier fails to timely file a report and remit the 988 surcharge as required by this section, or if a service supplier files an incorrect report or fails to remit the correct amount, the commission shall estimate the amount of the remittance due for the period or periods for which the service supplier is delinquent. The commission shall make the estimate based upon the information available. The commission shall compute and assess a penalty equal to fifteen percent of the estimate of the delinquent amount and shall assess interest on the delinquent charges at the rate of one percent each month from the date when due until the date paid.

(c) Except as provided in this section and unless such time is extended by agreement pursuant to subsection (5)(d) of this section, the amount of a delinquent remittance and the penalty and interest owed pursuant to subsection (5)(b) of this section, other than interest accruing thereafter, must be assessed within three years after the date the incorrect report was filed or the delinquent report was to be filed. The commission shall not file a notice of lien, issue a distraint warrant, institute a suit for collection, or take other action to collect the amount after the expiration of such period unless the commission issues a notice of assessment for the amount within such period or within an extended period pursuant to subsection (5)(d) of this section.

(d) If, before the expiration of the time prescribed for the assessment of delinquent amounts in subsection (5)(c) of this section, the commission and the service supplier consent in writing to an assessment after such time, the amount calculated in accordance with subsection (5)(b) of this section may be assessed at any time prior to the expiration of the period agreed upon. The period agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. The commission may file a lien against the property of the service supplier for up to one year after the expiration of any such period, unless otherwise specifically provided in this article 17.5.

(e) The commission may conduct an audit of a service supplier's books and records concerning the collection and remittance of the charges authorized by this article 17.5. A public inspection of the audit and of documents reviewed in the audit is subject to section 24-72-204. The commission is responsible for expenses the commission may incur to conduct the audit. In connection with audits performed, service suppliers shall make relevant records available to the auditors at no charge. The commission shall promulgate rules governing the audit and appeal procedures.

(f) The commission shall deposit any penalties or interest in the 988 crisis hotline cash fund created in section 27-64-104.
C.R.S. § 40-7-106 — CO Code / Title 40 / Article 7 / Section 40-7-106
40-7-106. Violations by agents - penalty
Status: in_force

40-7-106. Violations by agents - penalty. Every officer, agent, or employee of any public utility who violates or fails to comply with or who procures, aids, or abets any violation by any public utility of any provision of the constitution of this state or of articles 1 to 7 of this title, or who fails to obey, observe, or comply with any order, decision, rule, direction, demand, or requirement of the commission or any part or provision thereof, except an order for the payment of money, or who procures, aids, or abets any public utility in its failure to obey, observe, and comply with any such order, decision, rule, direction, demand, or requirement or any part or provision thereof in a case in which a penalty has not been provided for such officer, agent, or employee commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S.
C.R.S. § 40-10.1-104 — CO Code / Title 40 / Article 10.1 / Part 1 / Section 40-10.1-104
40-10.1-104. Compliance
Status: in_force

40-10.1-104. Compliance. A person shall not operate or offer to operate as a motor carrier in this state except in accordance with this article.
C.R.S. § 40-6-107 — CO Code / Title 40 / Article 6 / Section 40-6-107
40-6-107. Production of documents - transparency in planning for future acquisitions - rul
Status: in_force

40-6-107. Production of documents - transparency in planning for future acquisitions - rules. (1) The commission may require, by order served on any public utility in the manner provided in section 40-6-102 for the service of orders, the production within this state at such time and place as it may designate of any records and documents kept by the public utility in any office or place outside of this state, or, at its option, verified copies in lieu thereof, so that an examination of the records or documents may be made by the commission or under its direction.

(2) (a) To ensure transparency in the acquisition of power generation resources for the benefit of Colorado ratepayers and to promote fairness in electric utility competitive bidding processes, the commission shall, within ninety days after March 29, 2011, commence a rule-making proceeding to adopt rules, applicable after March 29, 2011, to require an investor-owned electric utility that is evaluating or has evaluated an existing or proposed electric generating facility as a potential resource, whether in connection with a commission proceeding or otherwise, to provide the owner or developer of the generating facility, upon request, with reasonable and timely access to the modeling inputs and assumptions that were used by the investor-owned public utility to evaluate the facility and that reasonably relate to that facility or to the transmission of electricity from that facility to the investor-owned public utility. Bidders in a competitive electric resource bidding process shall be permitted access to those modeling inputs and assumptions, as the modeling inputs and assumptions apply to the bidders' particular facility, in time to ensure that errors or omissions may be corrected before the competitive bidding process is completed. If it is determined that an error or omission, as defined by commission rule-making, exists in the investor-owned public utility's modeling, the commission shall require the investor-owned public utility to perform additional modeling to confirm that electric generating facilities are fairly and accurately represented in the results of any computer modeling performed by the investor-owned public utility.

(b) In any commission proceeding regarding electric resource planning or otherwise relating to the acquisition of, contracting for, or retirement of electric generation facilities, the commission shall establish procedures regarding the designation and approval of information as highly confidential that protect the public interest and assure that ratepayers receive the benefits of competition and transparency while protecting the trade secrets of computer modeling software producers, independent bidders, and the investor-owned public utility.
C.R.S. § 40-10.1-602 — CO Code / Title 40 / Article 10.1 / Part 6 / Section 40-10.1-602
40-10.1-602. Definitions
Status: in_force

40-10.1-602. Definitions. As used in this part 6, unless the context otherwise requires:

(1) "Personal vehicle" means a vehicle that is used by a transportation network company driver in connection with providing services for a transportation network company that meets the vehicle criteria set forth in this part 6.

(2) "Prearranged ride" means a period of time that begins when a driver accepts a requested ride through a digital network, continues while the driver transports the rider in a personal vehicle, and ends when the rider departs from the personal vehicle.

(2.5) "School" means a public school that enrolls students in any of the grades of kindergarten through twelfth grade.

(2.6) "Student" means an individual enrolled in a school.

(3) "Transportation network company" means a corporation, partnership, sole proprietorship, or other entity, operating in Colorado, that uses a digital network to connect riders to drivers for the purpose of providing transportation. A transportation network company does not provide taxi service, transportation service arranged through a transportation broker, ridesharing arrangements, as defined in section 39-22-509 (1)(a)(II), C.R.S., or any transportation service over fixed routes at regular intervals. A transportation network company is not deemed to own, control, operate, or manage the personal vehicles used by transportation network company drivers. A transportation network company does not include a political subdivision or other entity exempted from federal income tax under section 115 of the federal "Internal Revenue Code of 1986", as amended.

(4) "Transportation network company driver" or "driver" means an individual who uses his or her personal vehicle to provide services for riders matched through a transportation network company's digital network. A driver need not be an employee of a transportation network company.

(5) "Transportation network company rider" or "rider" means a passenger in a personal vehicle for whom transport is provided, including:

(a) An individual who uses a transportation network company's online application or digital network to connect with a driver to obtain services in the driver's vehicle for the individual and anyone in the individual's party; or

(b) Anyone for whom another individual uses a transportation network company's online application or digital network to connect with a driver to obtain services in the driver's vehicle.

(6) (a) "Transportation network company services" or "services" means the provision of transportation by a driver to a rider with whom the driver is matched through a transportation network company.

(b) "Transportation network company services" or "services" does not include services provided using vehicles owned or leased by a political subdivision or other entity exempt from federal income tax under section 115 of the federal "Internal Revenue Code of 1986", as amended.

(c) "Transportation network company services" or "services" includes services provided under a contract between a transportation network company and a political subdivision or other entity exempt from federal income tax under section 115 of the federal "Internal Revenue Code of 1986", as amended.
C.R.S. § 40-6-101 — CO Code / Title 40 / Article 6 / Section 40-6-101
40-6-101. Proceedings - delegation of duties - rules
Status: in_force

40-6-101. Proceedings - delegation of duties - rules. (1) The commission shall conduct its proceedings in such manner as will best conduce the proper dispatch of business and the ends of justice. All of the provisions of article 4 of title 24, C.R.S., shall apply to the work, business, proceedings, and functions of the commission, or any individual commissioner or administrative law judge; but where there is a specific statutory provision in this title applying to the commission, such specific statutory provision shall control as to the commission. For this purpose, any administrative law judge, as provided in this title, shall be deemed to be a hearing commissioner as that term is used in said article 4 of title 24, C.R.S. The commission may from time to time make or amend such general rules or orders as may be requisite for the order and regulation of proceedings before it, or before any individual commissioner or administrative law judge, including forms of notices and the service thereof. Any party to the proceeding may appear before the commission or any individual commissioner or administrative law judge and be heard. Every vote and official act of the commission, any individual commissioner, or an administrative law judge shall be entered of record and such record shall be made public upon the request of any party interested. All hearings before the commission, any individual commissioner, or an administrative law judge shall be public.

(2) (a) The commission may by order direct that any of its work, business, or functions under any provision of law, except functions vested solely in the commission under this title 40, be assigned or referred to an individual commissioner or to an administrative law judge to be designated by order for action. The commission may by order at any time amend, modify, supplement, or rescind any such assignment or reference. When an individual commissioner or an administrative law judge is unable to act upon any matter assigned or referred because of absence or other cause, the chair of the commission may designate another commissioner or administrative law judge, as the case may be, to serve temporarily until the commission otherwise orders.

(b) Every case submitted to the commission for adjudication must be heard in the first instance by the commission unless, by rule, minute order, or written decision, the commission assigns the case to an administrative law judge or to an individual commissioner for hearing.

(3) An individual commissioner or an administrative law judge has authority to hear and determine, order, certify, report, or otherwise act as to any work, business, or functions assigned or referred to such officer under the provisions of this title and, with respect thereto, has all the jurisdiction and powers conferred by law upon the commission and is subject to the same duties and obligations. The seal of the commission shall be the seal of an individual commissioner or administrative law judge. Except as otherwise provided in this title, any order, decision, or requirement of an individual commissioner or an administrative law judge with respect to any matter assigned or referred to such officer under subsection (2) of this section has the same force and effect and may be made and evidenced in the same manner as if made or taken by the commission.

(4) All hearings and investigations before the commission, any individual commissioner, or any administrative law judge shall be governed by this title and by rules of practice and procedure adopted by the commission; and, in the conduct thereof, neither the commission, nor any individual commissioner, nor any administrative law judge shall be bound by the technical rules of evidence. No informality in any proceeding or in the manner of taking testimony before the commission, any commissioner, or any administrative law judge shall invalidate any order, decision, rule, or regulation made, approved, or confirmed by the commission.

(5) Notwithstanding subsections (2) to (4) of this section, the commission may promulgate rules to authorize the delegation of its routine administrative transportation matters to commission staff. If the commission promulgates rules pursuant to this subsection (5), the commission shall define in rule the meaning of the term "routine administrative transportation matter".
C.R.S. § 40-10.1-207 — CO Code / Title 40 / Article 10.1 / Part 2 / Section 40-10.1-207
40-10.1-207. Taxicab license plates - rules
Status: repealed

40-10.1-207. Taxicab license plates - rules. (1) (a) The commission shall either:

(I) Create a document that a person authorized to provide taxicab services under this article may use to verify to the department of revenue or the department's authorized agent that the person is so authorized; or

(II) Create a system to electronically verify to the department of revenue or the department's authorized agent that the person is authorized to provide taxicab services under this part 2.

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

(2) The commission may promulgate rules to implement this section and to enforce section 42-3-236, C.R.S.

(3) Repealed.
C.R.S. § 40-9.5-201 — CO Code / Title 40 / Article 9.5 / Part 2 / Section 40-9.5-201
40-9.5-201. Legislative declaration
Status: in_force

40-9.5-201. Legislative declaration. The general assembly hereby finds and declares that the provisions of article XXV of the Colorado constitution allow the public utilities commission to establish exclusive service territories for utilities as provided in article 5 of this title and that it has been the policy of the state of Colorado to establish exclusive service territories for cooperative electric associations. The general assembly further finds and declares that, if a cooperative electric association has been granted an exclusive service territory that is within a municipality that operates an electric utility or within an area annexed by a municipality that operates an electric utility, the municipality has taken private property and shall pay just compensation for the electric distribution facilities and certificate of public convenience and necessity of the association located within the municipality. Therefore, it is declared to be a matter of statewide concern and to be the purpose of this part 2 to establish a procedure to be followed when the certificated service territory of a cooperative electric association is included within a municipality that operates an electric utility or within an area annexed by a municipality that operates an electric utility.
C.R.S. § 40-29-112 — CO Code / Title 40 / Article 29 / Section 40-29-112
40-29-112. Complaint - hearing
Status: repealed

40-29-112. Complaint - hearing. (Repealed)
C.R.S. § 40-20-107 — CO Code / Title 40 / Article 20 / Part 1 / Section 40-20-107
40-20-107. Stockholders to fix interest and loans
Status: in_force

40-20-107. Stockholders to fix interest and loans. At all general meetings of the stockholders, those holding a majority in the value of the stock of any such corporation may fix the rates of interest which shall be paid by the corporation for loans for the construction of such railway and its appendages and the amount of such loans.
C.R.S. § 40-9.5-110.5 — CO Code / Title 40 / Article 9.5 / Part 1 / Section 40-9.5-110.5
40-9.5-110.5. Directors - required policies
Status: in_force

40-9.5-110.5. Directors - required policies. (1) The board of each cooperative electric association shall adopt written policies concerning:

(a) The compensation provided to directors on the board of directors, including information on any authorized per diem amounts, and the value of any other benefits, services, or goods that directors receive;

(b) The requirements and procedures for a director on the board of directors to disclose in writing any conflicts of interest. At a minimum, an association's policy must require disclosure when a decision before the board could provide directly and as a proximate result of the decision a financial or other material benefit to:

(I) The director, if the benefit is unique to that director and not shared by similarly situated cooperative members;

(II) A parent, grandparent, spouse, partner in a civil union, child, or sibling of the director, if the benefit is unique to that person and not shared by similarly situated cooperative members; or

(III) An entity in which the director is an officer or director or has a financial interest unique to that director.

(2) (a) Subject to subsection (2)(b) of this section, a director on the board of directors shall at all times fulfill the director's duty of loyalty to the association and shall not allow a conflict of interest to impair the director's loyalty to the association.

(b) Notwithstanding any other law to the contrary, if an individual is a director on the board of directors of both a distribution cooperative electric association and a generation and transmission cooperative electric association, the director owes fiduciary duties to both associations and shall not be required to give priority to a fiduciary duty the director owes to one association over the duties the director owes to the other association.
C.R.S. § 40-27-104 — CO Code / Title 40 / Article 27 / Section 40-27-104
40-27-104. Compliance prima facie defense
Status: in_force

40-27-104. Compliance prima facie defense. Any railway company or corporation or the assignee or lessee thereof whose road is enclosed with good and sufficient fences, gates, and cattle guards, as provided in section 40-27-102, capable of keeping such animals from being upon such road may plead and prove the same as a defense to any action under sections 40-27-102 to 40-27-113 for any killing, damaging, or injury to such animals occurring within such enclosure; but such plea or fact shall not be held to preclude the owner or his agent from showing that such killing, damage, or injury was caused by the negligence or carelessness of such railway company or corporation or the assignee or lessee thereof, for the purpose of showing liability notwithstanding such fencing.
C.R.S. § 40-29-114 — CO Code / Title 40 / Article 29 / Section 40-29-114
40-29-114. Penalty
Status: repealed

40-29-114. Penalty. (Repealed)
C.R.S. § 40-9.5-114.5 — CO Code / Title 40 / Article 9.5 / Part 1 / Section 40-9.5-114.5
40-9.5-114.5. Applicability of sections 40-9
Status: in_force

40-9.5-114.5. Applicability of sections 40-9.5-108 to 40-9.5-112. Sections 40-9.5-108 to 40-9.5-112 apply to all cooperative electric associations, whether regulated under this part 1 or the "Public Utilities Law", articles 1 to 7 of this title 40. Notwithstanding section 40-9.5-102 (1), sections 40-9.5-109, 40-9.5-110.5, and 40-9.5-111 apply to a nonprofit generation and transmission cooperative electric association that provides wholesale electric service directly to Colorado cooperative electric associations that are its members.
C.R.S. § 40-10.1-206 — CO Code / Title 40 / Article 10.1 / Part 2 / Section 40-10.1-206
40-10.1-206. Rates - limitations
Status: in_force

40-10.1-206. Rates - limitations. (1) It is unlawful for any common carrier to carry or advertise that it will carry any individuals at rates different from those it has on file with the commission for such carriage.

(2) A contract carrier shall not destroy or impair, through discrimination or unfair competition, the service or business of any common carrier or the integrity of the state's regulation of any such service or business; and to that end, the commission is authorized and directed to prescribe minimum rates, fares, and charges to be collected by contract carriers when competing with duly authorized common carriers, which rates, fares, and charges must not be less than the rates prescribed for common carriers for substantially the same or similar service.

(3) In accordance with this article and such rules as the commission may prescribe, every contract carrier subject to this article shall file with the commission, within such time and in such form as the commission may designate, and shall keep on file with the commission, at all times, schedules showing rates, charges, and collections, collected or enforced or to be collected or enforced, that in any manner affect or relate to the operations of any such contract carrier; and the commission has full power to change, amend, or alter any such tariff or, after hearing, fix the rates of any contract carrier subject to this article that competes with a common carrier.
C.R.S. § 40-6-103 — CO Code / Title 40 / Article 6 / Section 40-6-103
40-6-103. Administration of oaths - compulsion of testimony - fees
Status: in_force

40-6-103. Administration of oaths - compulsion of testimony - fees. (1) The commission, each commissioner, the director, and any administrative law judge as to matters referred to such judge have power to administer oaths, certify to all official acts, and issue subpoenas for the attendance of witnesses and the production of records, documents, and testimony in any inquiry, investigation, hearing, or proceeding in any part of the state. No subpoena shall be issued except upon good cause shown. Good cause shown shall consist of an affidavit stating with specificity the testimony, records, or documents sought and the relevance of such testimony, records, or documents to the proceedings of the commission. Each witness who appears by order of the commission, a commissioner, the director, or any administrative law judge shall receive for the witness' attendance the same fees and mileage allowed by law to a witness in civil cases, which amount shall be paid by the party at whose request such witness is subpoenaed. When any witness who has not been required to attend at the request of any party is subpoenaed, the witness' fees and mileage shall be paid from the funds appropriated for the use of the commission in the same manner as other expenses of the commission are paid. Any witness subpoenaed except one whose fees and mileage may be paid from the funds of the commission, at the time of service, may demand the fees to which the witness is entitled for travel to and from the place at which the witness is required to appear, and one day's attendance. If such witness demands such fees at the time of service, and they are not at that time paid or tendered, the witness shall not be required to attend, as directed in the subpoena. All fees and mileage to which any witness is entitled under the provisions of this section may be collected by action therefor instituted by the person to whom such fees are payable. No witness furnished with free transportation shall receive mileage for the distance the witness may have traveled on such free transportation.

(2) The district court in and for the county or city and county in which any inquiry, investigation, hearing, or proceeding may be held by the commission, or any individual commissioner or administrative law judge, has the power to compel the attendance of witnesses, the giving of testimony, and the production of records or documents as required by any subpoenas issued by the commission, or any individual commissioner, the director, or any administrative law judge. The commission, individual commissioner, or an administrative law judge before whom the testimony is to be given or produced, in case of the failure or refusal of any witness to attend or testify or produce any records or documents required by such subpoena, may report to the district court in and for the county or city and county in which the proceeding is pending, by petition, setting forth that due notice has been given of the time and place of attendance of said witness or the production of said records or documents, that the witness has been subpoenaed in the manner prescribed in this title, and that the witness has failed or refused to attend or produce the records or documents required by the subpoena or has failed or refused to answer questions propounded to the witness in the course of such proceeding; and the commission, individual commissioner, or an administrative law judge may ask for an order of the court compelling the witness to attend and testify or produce or cause to be produced documentary evidence. No person so testifying shall be exempt from prosecution or punishment for any perjury in the first degree committed by such person in this testimony. Nothing in this section shall be construed as in any manner giving to any public utility immunity of any kind.
C.R.S. § 40-4-109 — CO Code / Title 40 / Article 4 / Section 40-4-109
40-4-109. Entry to premises - testing meters
Status: in_force

40-4-109. Entry to premises - testing meters. (1) The commissioners and their officers and employees have power to enter upon any premises occupied by any public utility for the purpose of making the examination and tests and exercising any of the other powers provided for in articles 1 to 7 of this title and to set up and use on such premises any equipment necessary therefor. The agents and employees of such public utility have the right to be present at the making of such examinations and tests.

(2) Any consumer or user of any product, commodity, or service of a public utility may have any equipment used in the measurement thereof tested upon paying the fees fixed by the commission. The commission shall establish and fix reasonable fees to be paid for testing such equipment on the request of the consumer or user, the fee to be paid by the consumer or user at the time of his request but to be paid by the public utility and repaid to the consumer or user if the equipment is found defective or incorrect to the disadvantage of the consumer or user under such rules and regulations as may be prescribed by the commission.
C.R.S. § 40-2-121 — CO Code / Title 40 / Article 2 / Part 1 / Section 40-2-121
40-2-121. Transportation of natural gas report - legislative declaration
Status: repealed

40-2-121. Transportation of natural gas report - legislative declaration. (Repealed)
C.R.S. § 40-3-107 — CO Code / Title 40 / Article 3 / Section 40-3-107
40-3-107. Transmission of business of other companies
Status: in_force

40-3-107. Transmission of business of other companies. Every telephone public utility operating in this state shall receive, transmit, and deliver, without discrimination or delay, the conversations and messages of every other telephone public utility with whose line a physical connection may have been made.
C.R.S. § 40-7-113 — CO Code / Title 40 / Article 7 / Section 40-7-113
40-7-113. Civil penalties - fines
Status: in_force

40-7-113. Civil penalties - fines. (1) In addition to any other penalty otherwise authorized by law and except as otherwise provided in subsections (3) and (4) of this section, any person who violates article 10.1 or 10.5 of this title 40 or any rule promulgated by the commission pursuant to article 10.1 or 10.5, which article or rule is applicable to the person, may be subject to fines as specified in the following paragraphs:

(a) Any person who fails to carry the insurance required by law may be assessed a civil penalty of not more than eleven thousand dollars.

(b) Any person who violates section 40-10.1-201 (1), 40-10.1-202 (1)(a), 40-10.1-302 (1)(a), 40-10.1-401 (1)(a), 40-10.1-502 (1)(a), or 40-10.1-702 (1)(a) may be assessed a civil penalty of not more than one thousand one hundred dollars.

(c) and (d) (Deleted by amendment, L. 2011, (HB 11-1198), ch. 127, p. 421, § 18, effective August 10, 2011.)

(e) A person subject to section 40-10.1-111 who operates a motor vehicle without having paid the annual identification fee for any motor vehicle operated as required by section 40-10.1-111 may be assessed a civil penalty of not more than four hundred dollars.

(f) and (f.5) (Deleted by amendment, L. 2011, (HB 11-1198), ch. 127, p. 421, § 18, effective August 10, 2011.)

(g) A person who violates any provision of article 10.1 or 10.5 of this title 40 not enumerated in subsection (1)(a), (1)(b), or (1)(e) of this section, any rule promulgated by the commission pursuant to this title 40, or any safety rule adopted by the department of public safety relating to motor carriers as defined in section 40-10.1-101 may be assessed a civil penalty of not more than one thousand one hundred dollars; except that any person who violates a safety rule promulgated by the commission is subject to the civil penalties authorized pursuant to 49 CFR 386, subpart G, and associated appendices to part 386, as the subpart existed on January 1, 2017.

(h) (Deleted by amendment, L. 2011, (HB 11-1198), ch. 127, p. 421, § 18, effective August 10, 2011.)

(2) The commission shall set the amount of the civil penalties to be assessed pursuant to subsection (1) of this section in rules.

(3) If a person is assessed a civil penalty for a violation referenced in subsection (1) of this section occurring on a date within twenty-four months after a previous violation, the civil penalty assessed for the second violation may be up to two times the amount specified by rule for the violation.

(4) If a person violates subsection (1) of this section three times within twenty-four months, the person may be assessed a civil penalty up to three times the amount specified by rule for the third violation and for each subsequent violation.

(5) (a) A person who fails to pay in full all civil penalties assessed by commission order under this section, subject to article 4 of title 24, C.R.S., within thirty days after the due date established by the order may have his or her vehicle registration canceled by the department of revenue as specified in section 42-3-120 (4), C.R.S. Registration of a vehicle owned by the person for which the penalty was assessed may be denied until all penalties are paid or collected. Upon written notice from the commission, the department of revenue shall cancel the registration as specified in section 42-3-120 (4), C.R.S.

(b) This subsection (5) applies to all vehicles, regardless of when purchased, on or after August 10, 2011.
C.R.S. § 40-27-109 — CO Code / Title 40 / Article 27 / Section 40-27-109
40-27-109. Proof of ownership and value
Status: in_force

40-27-109. Proof of ownership and value. (1) The owner or duly authorized agent of the owner of any animal so killed or injured by any railway company within this state, within thirty days after notice of such killing or injuring, shall make proof that he was the owner or authorized agent of the owner of the animal so killed or injured or that he is the owner of the recorded brand found upon the animal so killed or damaged at the time of such killing or damaging, and said proof may be delivered to the secretary of the state board of stock inspection commissioners who shall notify said railway company or corporation or the assignee or lessee thereof and make demand that said railway company pay to the said state board of stock inspection commissioners for the benefit of the owner the estimated value of said animal if killed or the estimated amount of damages if injured, which shall be settlement in full of all claim for such damage. The secretary of the state board of stock inspection commissioners shall give a receipt in full of said money when received and shall deposit the same in the brand inspection fund of said board, and after paying any advertising charges that may be due against said amount, the balance shall be paid out on voucher to the owner or authorized agent of the owner entitled to receive same.

(2) Should the owner or authorized agent of the owner of any such animal so killed or injured be dissatisfied with the estimated value placed upon such animal by the stock inspector, he may file with the said state board of stock inspection commissioners a claim for such amount of damage he thinks is justly due, and he has the right to produce such evidence in support of his claim as he may think necessary at any regular meeting of said board. Should the railroad company or corporation against whom such claim is made be dissatisfied with the estimated value placed upon any animal so killed or injured, it also has the right, through its claim agent or other authorized officer, to appear before the said state board of stock inspection commissioners at any regular meeting of said board and present such evidence as it may desire in support of its contention.
C.R.S. § 40-10.1-705 — CO Code / Title 40 / Article 10.1 / Part 7 / Section 40-10.1-705
40-10.1-705. Rates - limitations - rules
Status: in_force

40-10.1-705. Rates - limitations - rules. (1) Except as provided in subsections (2) and (3) of this section, large-market taxicab services are not subject to rate limitations imposed under part 2 of this article 10.1.

(2) (a) A motor carrier operating a large-market taxicab service shall file with the commission, in the form and manner that the commission may designate, a schedule showing the rates, charges, and collections that the motor carrier collects, enforces, or intends to collect or enforce that affect or relate to the motor carrier's large-market taxicab service operations.

(b) The commission shall not limit the number or frequency of rate schedules that a motor carrier may file with the commission pursuant to subsection (2)(a) of this section.

(c) Unless a filed rate schedule exceeds the maximum rate set by the commission by rule pursuant to section 40-10.1-702 (5), the commission shall not reject a rate schedule filed with the commission unless the schedule was not filed in the form and manner designated by the commission pursuant to subsection (2)(a) of this section. The commission shall not amend any rate schedule filed with the commission pursuant to this section.

(3) It is unlawful for a motor carrier operating a large-market taxicab service to carry or advertise that it will carry individuals in a manner contrary to the filing required under subsection (2)(a) of this section.

(4) The commission may promulgate rules consistent with this section to implement the system of schedule filings required by this section.
C.R.S. § 40-41-104 — CO Code / Title 40 / Article 41 / Section 40-41-104
40-41-104. Issuance of financing orders
Status: in_force

40-41-104. Issuance of financing orders. (1) Following notice and hearing on an application for a financing order as required by the commission's rules, practice, and procedure, the commission may issue a financing order if the commission finds that:

(a) The CO-EI costs described in the application related to the retirement of the electric generating facilities are reasonable;

(b) The proposed issuance of CO-EI bonds and the imposition and collection of CO-EI charges:

(I) Are just and reasonable;

(II) Are consistent with the public interest;

(III) Constitute a prudent and reasonable mechanism for the financing of the CO-EI costs described in the application; and

(IV) Will provide substantial, tangible, and quantifiable net present value savings or other benefits to customers that are greater than the benefits that would have been achieved absent the issuance of CO-EI bonds; and

(c) The provisions of the financing order will ensure that the proposed structuring, marketing, and pricing of the CO-EI bonds will:

(I) Materially lower overall costs to customers or avoid or mitigate rate impacts to customers relative to traditional methods of financing and recovering CO-EI costs from customers; and

(II) Achieve the maximum net present value of customer savings, as determined by the commission in a financing order, consistent with market conditions at the time of sale and the terms of the financing order.

(2) The financing order must:

(a) Determine the maximum amount of CO-EI costs that may be financed from proceeds of CO-EI bonds authorized to be issued by the financing order;

(b) Approve a methodology for allocating the revenue requirement for the CO-EI charge among customer classes;

(c) Describe the proposed customer billing mechanism for CO-EI charges and include a finding that the mechanism is just and reasonable;

(d) Describe and estimate the financing costs that may be recovered through CO-EI charges and the period over which the costs may be recovered, subject to section 40-41-105;

(e) Determine whether the proposed structuring, expected pricing, and financing costs of CO-EI bonds have a significant likelihood of lowering overall costs to customers or avoiding or significantly mitigating rate impacts to customers as compared with traditional methods of financing and recovering CO-EI costs from customers. A financing order must provide detailed findings of fact addressing cost-effectiveness and associated rate impacts upon customers and customer classes.

(f) Require the imposition and collection of the nonbypassable CO-EI charges authorized under a financing order for the period specified in subsection (2)(d) of this section;

(g) Describe the CO-EI property that may be created in favor of the utility and its successors and assignees and that will be used to pay, and secure the payment of, the CO-EI bonds and financing costs authorized in the financing order;

(h) Authorize and approve an adjustment mechanism reflecting the allocation methodology specified in subsection (2)(b) of this section;

(i) Authorize the applicant electric utility to finance CO-EI costs through the issuance of one or more series of CO-EI bonds. An electric utility is not required to secure a separate financing order for each issuance of CO-EI bonds or for each scheduled phase of the previously approved retirement of electric generating facilities approved in the financing order.

(j) Include any additional findings or conclusions deemed appropriate by the commission;

(k) Specify the degree of flexibility afforded to the electric utility in establishing the terms and conditions of the CO-EI bonds, including, but not limited to, repayment schedules, expected interest rates, and other financing costs;

(l) Specify the timing of actions required by the order, including:

(I) The timing of issuance of the CO-EI bonds, independent of the schedule of retirement of the electric generating facility;

(II) The energy assistance funds, if included in the bond issue, may be transferred to a third-party entity designated by the commission to administer transition assistance on behalf of displaced workers and affected communities no later than the date on which the electric generating facility ceases operation; and

(III) The applicant electric utility files to reduce its rates as required in subsection (4) of this section simultaneously with the inception of the CO-EI charges and independently of the schedule of closing and decommissioning of the electric generating facility; and

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

(3) A financing order issued to an electric utility must permit and may require the creation of an electric utility's CO-EI property pursuant to subsection (2)(g) of this section to be conditioned upon, and simultaneous with, the sale or other transfer of the CO-EI property to an assignee and the pledge of the CO-EI property to secure CO-EI bonds.

(4) A financing order must require the applicant electric utility, simultaneously with the inception of the collection of CO-EI charges, to reduce its rates through a reduction in base rates or by a negative rider on customer bills in an amount equal to the revenue requirement associated with the utility assets being financed by CO-EI bonds.

(5) If the voters of a local government or school district have approved projects, the costs of which are expected to be paid for from property taxes that are directly impacted by the retirement of an electric generating facility pursuant to the terms of a financing order, the financing order must provide for the payment of community assistance to the local government in an amount equal to the costs of the voter-approved projects that were expected to be paid from the revenue sources directly impacted by the retirement of an electric generating facility pursuant to the terms of the financing order, including the costs of financing such projects, including but not limited to the payment of bonds, notes, or other multiple-fiscal year obligations or financed purchase of an asset or certificate of participation agreements that have been issued or entered into to pay the costs of such projects. Any payment of community assistance shall be reduced on an equivalent basis to the extent that property tax is derived from new electric infrastructure developed in the same impacted community.

(6) In a financing order, the commission may include any conditions that are necessary to promote the public interest and may grant relief that is different from that which was requested in the application so long as the relief is within the scope of the matters addressed in the commission's notice of the application.
C.R.S. § 40-6-115 — CO Code / Title 40 / Article 6 / Section 40-6-115
40-6-115. Review by district court - mandamus
Status: in_force

40-6-115. Review by district court - mandamus. (1) Within thirty days after a final decision by the commission in any proceeding, any party to the proceeding before the commission may apply to the district court for a writ of certiorari or review for the purpose of having the lawfulness of the final decision inquired into and determined. Such writ shall be made returnable not later than thirty days after the date of issuance and shall direct the commission to certify its record in the proceeding to said court. On the return day, the cause shall be heard by the district court unless, for a good reason shown, the same be continued. No new or additional evidence may be introduced in the district court, but the cause shall be heard on the record of the commission as certified by it. The commission and each party to the action or proceeding before the commission shall have the right to appear in the review proceedings.

(2) The findings and conclusions of the commission on disputed questions of fact shall be final and shall not be subject to review, except that, in any proceeding wherein the validity of any order or decision is challenged on the ground that it violates any right of a petitioner under the constitution of the United States or the constitution of the state of Colorado, the district court shall exercise an independent judgment on the law and the facts, and the findings or conclusions of the commission material to the determination of the said constitutional question shall not be final.

(3) Upon review, the district court shall enter judgment either affirming, setting aside, or modifying the decision of the commission. So far as necessary to the decision and where presented, the district court shall decide all relevant questions of law and interpret all relevant constitutional and statutory provisions. The review shall not extend further than to determine whether the commission has regularly pursued its authority, including a determination of whether the decision under review violates any right of the petitioner under the constitution of the United States or of the state of Colorado, and whether the decision of the commission is just and reasonable and whether its conclusions are in accordance with the evidence.

(4) The provisions of the Colorado rules of civil procedure relating to writs of certiorari or review, so far as applicable and not in conflict with the provisions of this title, shall apply to proceedings had in the district court under the provisions of this section. No court of this state, except the district court to the extent specified, shall have jurisdiction to review, reverse, correct, or annul any order or decision of the commission, or to suspend or delay the execution or operation thereof, or to enjoin, restrain, or interfere with the commission in the performance of its official duties; but an action in the nature of mandamus shall lie from the district court to the commission in all proper cases.

(5) All actions for review shall be commenced and tried in the district court in and for the county in which the petitioner resides, or if a corporation or partnership in the county in which it maintains its principal office or place of business, or in the district court of the city and county of Denver, at the option of the petitioner. Appellate review may be obtained in the supreme court concerning any final judgment of the district court on review, affirming, setting aside, or modifying any decision of the commission, in the same manner and with the same effect as appellate review of judgments of the district court in other civil actions.
C.R.S. § 40-7.5-103 — CO Code / Title 40 / Article 7.5 / Section 40-7.5-103
40-7.5-103. Presumptions
Status: in_force

40-7.5-103. Presumptions. (1) There is a rebuttable presumption that a tenant or occupant of any premises where bypassing, tampering, or unauthorized metering is proven to exist caused or had knowledge of such bypassing, tampering, or unauthorized metering if the tenant or occupant had controlled access to the part of the utility supply system on the premises where the bypassing, tampering, or unauthorized metering is proven to exist and if said tenant or occupant was responsible or partially responsible for payment, either directly or indirectly, to the utility or to any other person for utility services provided for the premises.

(2) There is a rebuttable presumption that a utility customer at any premises where bypassing, tampering, or unauthorized metering is proven to exist caused or had knowledge of such bypassing, tampering, or unauthorized metering if the customer had controlled access to the part of the utility supply system on the premises where the bypassing, tampering, or unauthorized metering is proven to exist.

(3) The presumptions provided in this section shall only shift the burden of going forward with evidence and shall in no event shift the burden of proof to the defendant in any action brought pursuant to this article.
C.R.S. § 40-15-505 — CO Code / Title 40 / Article 15 / Part 5 / Section 40-15-505
40-15-505. Committee on telecommunications policy - creation - duties - repeal
Status: repealed

40-15-505. Committee on telecommunications policy - creation - duties - repeal. (Repealed)
C.R.S. § 40-3.2-202 — CO Code / Title 40 / Article 3.2 / Part 2 / Section 40-3.2-202
40-3.2-202. Legislative declaration
Status: in_force

40-3.2-202. Legislative declaration. (1) The general assembly hereby finds, determines, and declares that the federal "Clean Air Act", 42 U.S.C. sec. 7401 et seq., will likely require reductions in emissions from coal-fired power plants operated by rate-regulated utilities in Colorado. A coordinated plan of emission reductions from these coal-fired power plants will enable Colorado rate-regulated utilities to meet the requirements of the federal act and protect public health and the environment at a lower cost than a piecemeal approach. A coordinated plan of reduction of emissions for Colorado's rate-regulated utilities will also result in reductions in many air pollutants and promote the use of natural gas and other low-emitting resources to meet Colorado's electricity needs, which will in turn promote development of Colorado's economy and industry.

(2) The general assembly further finds that the use of natural gas to reduce coal-fired emissions may require rate-regulated utilities to enter into long-term contracts for natural gas in a manner that protects electricity consumers. Even though such long-term contracts might be beneficial to consumers, financial rating agencies could find that such long-term contracts increase the financial risk to rate-regulated utilities, which in turn could increase the cost of capital to these utilities. The general assembly finds that it is important to give financial markets confidence that utilities will be able to recover the costs of long-term gas contracts without the risk of future regulators disallowing contracts.

(3) The general assembly further finds and declares that Colorado rate-regulated utilities require timely and forward-looking reviews of their costs of providing utility service in order to undertake the comprehensive and extensive planning and changes to their business operations contemplated by this part 2. In order to allow these utilities to continue to provide reliable electric service, alter their operations in the manner described by this part 2, and meet other state public policy goals, it is imperative that Colorado rate-regulated utilities continue in sound financial condition and remain attractive investments so that sufficient capital is provided to achieve the state's goals. To that end, the general assembly finds that the commission should have additional tools and more flexibility in its regulatory authority to ensure the continued financial health of these utilities. The general assembly also finds and declares that the actions provided for in this part 2 be implemented in a manner to address the sound economic, health, and environmental conditions of energy producing communities.
C.R.S. § 40-8.5-106 — CO Code / Title 40 / Article 8.5 / Section 40-8.5-106
40-8.5-106. Unclaimed deposits
Status: in_force

40-8.5-106. Unclaimed deposits. Unclaimed deposits shall be paid by the electric and gas utilities into the fund designated by the commission pursuant to section 40-8.5-104.
C.R.S. § 40-27-101 — CO Code / Title 40 / Article 27 / Section 40-27-101
40-27-101. Owner driving stock on track
Status: in_force

40-27-101. Owner driving stock on track. If the owner of any stock drives any stock on the line of the track of any railway company or corporation, with intent to injure such company or corporation, and if said stock is killed or injured, the owner shall not receive any damages from the railroad company or corporation therefor, and shall be liable to such company or corporation for all damage such company or corporation may suffer in consequence of said act, and commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S.; but nothing in this section shall be construed to prevent any person from allowing his or her stock to pasture on the lands adjacent to the line of such railroads or to drive his or her stock over or across any such track at suitable times and places.
C.R.S. § 40-4-104 — CO Code / Title 40 / Article 4 / Section 40-4-104
40-4-104. Connection of noncompetitive lines - costs and rates apportioned
Status: in_force

40-4-104. Connection of noncompetitive lines - costs and rates apportioned. Whenever the commission, after a hearing upon its own motion or upon complaint, finds that a physical connection can reasonably be made between the lines of two or more noncompetitive telephone public utilities whose lines can be made to form a continuous line of communication by the construction and maintenance of suitable connections for the transmission of messages or conversations and that the public convenience and necessity will be served or finds that two or more telephone public utilities have failed to establish joint rates, tolls, or charges for service by or over said lines and that joint rates, tolls, or charges ought to be established, the commission may by its order require that such connections be made and that conversations be transmitted and messages transferred over such connection under such rules as the commission may establish and prescribe through lines and joint rates, tolls, and charges to be made and used, observed, and in force in the future. If such telephone public utilities do not agree upon the division between them of the joint cost of the physical connection or connections or the division of the joint rates, tolls, or charges established by the commission over such through lines, the commission has authority, after further hearing, to establish the division by supplemental order.
C.R.S. § 40-20-314 — CO Code / Title 40 / Article 20 / Part 3 / Section 40-20-314
40-20-314. Enforcement
Status: in_force

40-20-314. Enforcement. The public utilities commission shall conduct periodic compliance reviews to ensure each railroad is in compliance with this part 3.
C.R.S. § 40-1.1-105 — CO Code / Title 40 / Article 1.1 / Section 40-1.1-105
40-1.1-105. Insurance for volunteers
Status: in_force

40-1.1-105. Insurance for volunteers. People service agencies of the state or any political subdivision thereof are authorized to purchase insurance to cover volunteers when they provide volunteer transportation.
C.R.S. § 40-2-111 — CO Code / Title 40 / Article 2 / Part 1 / Section 40-2-111
40-2-111. Report of utilities to department of revenue
Status: in_force

40-2-111. Report of utilities to department of revenue. Each public utility required to pay such fees shall, on or before May 15 of each year, file a return with the department of revenue on such forms as shall be prescribed by the executive director of the department of revenue and the public utilities commission setting forth the gross operating revenues of such public utility from intrastate utility business only transacted in the state of Colorado during the preceding calendar year. Such return shall be executed and verified by two of the executive officers of the utility making the return and shall contain or be verified by a written declaration that it is made under the penalties of perjury in the second degree, and any officer who knowingly and willfully makes and signs a false return is guilty of perjury in the second degree.
C.R.S. § 40-3.5-107 — CO Code / Title 40 / Article 3.5 / Section 40-3.5-107
40-3.5-107. Fees
Status: in_force

40-3.5-107. Fees. Municipal utilities authorized to serve areas which lie outside their municipal corporate limits shall be subject to providing annual reports of gross operating revenues, computation of fees, and payment of such fees relating to those areas.
C.R.S. § 40-22-106 — CO Code / Title 40 / Article 22 / Section 40-22-106
40-22-106. Consolidation of domestic and foreign corporation
Status: in_force

40-22-106. Consolidation of domestic and foreign corporation. If any railroad company organized under the laws of this state consolidates with any railroad company organized under the laws of any other state or of the United States, the same shall not become a foreign corporation, and the courts of this state shall retain jurisdiction in all cases which may arise, as if said consolidation had not taken place.
C.R.S. § 40-4-118 — CO Code / Title 40 / Article 4 / Section 40-4-118
40-4-118. Colorado smart grid task force - fund - definition - reports - repeal
Status: repealed

40-4-118. Colorado smart grid task force - fund - definition - reports - repeal. (Repealed)
C.R.S. § 40-8.5-105 — CO Code / Title 40 / Article 8.5 / Section 40-8.5-105
40-8.5-105. Eligibility
Status: in_force

40-8.5-105. Eligibility. The department of human services shall promulgate rules and regulations establishing the criteria for eligibility for recipients of assistance pursuant to this article, which criteria shall be based in part on household size and income and the energy costs of the household residence for the preceding year.
C.R.S. § 40-4-112 — CO Code / Title 40 / Article 4 / Section 40-4-112
40-4-112. Depreciation account - rules
Status: in_force

40-4-112. Depreciation account - rules. The commission has power, after hearing, to require any or all public utilities to carry a proper and adequate depreciation account in accordance with such rules, regulations, and forms of accounts as the commission may prescribe. The commission, from time to time, may determine and by order fix the proper and adequate rates of depreciation of the several classes of property of each public utility, and each public utility shall conform its depreciation accounts to the rates so determined.
C.R.S. § 40-15-206 — CO Code / Title 40 / Article 15 / Part 2 / Section 40-15-206
40-15-206. Regulation of the discontinuation or rearrangement of basic local exchange servi
Status: repealed

40-15-206. Regulation of the discontinuation or rearrangement of basic local exchange service - measured or message rate service not required. (Repealed)
C.R.S. § 40-2-104 — CO Code / Title 40 / Article 2 / Part 1 / Section 40-2-104
40-2-104. Assistants and employees - utilization of independent experts
Status: in_force

40-2-104. Assistants and employees - utilization of independent experts. (1) The director of the commission may appoint such experts, engineers, statisticians, accountants, investigative personnel, clerks, and other employees as are necessary to carry out the provisions of this title or to perform the duties and exercise the powers conferred by law upon the commission.

(2) (Deleted by amendment, L. 93, p. 2058, § 6, effective July 1, 1993.)

(3) The director of the commission shall hire and designate employees of the commission as administrative law judges who shall have the power to administer oaths, examine witnesses, receive evidence, and conduct hearings, investigations, and other proceedings on behalf of the commission.

(4) (a) Of the money that the commission receives from the public utilities commission fixed utility fund pursuant to section 40-2-114 (1)(b)(II), up to two hundred fifty thousand dollars per year may be allocated to personal services contracts with outside consultants and experts that meet criteria specified by the commission.

(b) The amount allocated for outside consultants and experts pursuant to subsection (4)(a) of this section shall be adjusted annually in accordance with changes in the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its successor index.
C.R.S. § 40-10.1-701 — CO Code / Title 40 / Article 10.1 / Part 7 / Section 40-10.1-701
40-10.1-701. Legislative declaration
Status: in_force

40-10.1-701. Legislative declaration. (1) The general assembly finds and declares that:

(a) Nothing in this part 7 requires or prohibits a motor carrier applying for a permit pursuant to section 40-10.1-702 (1)(a) to form a labor union nor requires any large-market taxicab service driver to join a labor union; and

(b) If a motor carrier previously obtained a certificate of public convenience and necessity to provide taxicab service pursuant to section 40-10.1-201 and the certificate remains valid at a time that the motor carrier subsequently obtains a permit to operate large-market taxicab service under this part 7, the motor carrier's certificate constitutes a devalued asset for the motor carrier.
C.R.S. § 40-22-101 — CO Code / Title 40 / Article 22 / Section 40-22-101
40-22-101. Consolidation of roads - restrictions
Status: in_force

40-22-101. Consolidation of roads - restrictions. It is lawful for any railroad company or corporation, organized or existing under the laws of this state, and whose line or road is made or is in the process of construction to the boundary line of the state or to any point either in or out of the state, under authority of its laws, to merge and consolidate its capital stock, franchises, and property into and with the capital stock, franchises, and property of any other railroad company or corporation organized and existing under the laws of any adjoining state whenever the two or more railroads of the companies or corporations so to be consolidated form a continuous line of railroad with each other or by means of any intervening railroad; and roads running to the bank of a river which is not bridged shall be held to be continuous. Nothing in this article shall be taken to authorize the consolidation of any company or corporation of this state with that of any other state, unless the laws of such other state authorize such consolidation; but parallel or competing lines of railroad shall not be consolidated.
C.R.S. § 40-3-114 — CO Code / Title 40 / Article 3 / Section 40-3-114
40-3-114. Cost recovery - prohibitions - reporting - penalties - definitions
Status: in_force

40-3-114. Cost recovery - prohibitions - reporting - penalties - definitions. (1) The commission shall ensure that regulated electric and gas utilities do not use ratepayer funds to subsidize nonregulated activities.

(2) A utility shall not recover the following costs from its customers, whether as part of proposed base rate costs, a rider, or other charges:

(a) More than fifty percent of annual total compensation or of expense reimbursement for members of the board of directors of the utility;

(b) Tax penalties or fines issued against the utility;

(c) Investor-relation expenses;

(d) Advertising and public relations expenses that do not directly relate to a purpose or program that is required or authorized under statute or commission rule or order. Advertising and public relations expenses for which cost recovery is prohibited include:

(I) Communications to promote or improve the utility's brand;

(II) Expenses for the purpose of influencing public opinion about the utility; and

(III) Expenses intended to create good will toward the utility from the general public.

(e) Expenses for lobbying or other activities meant to influence the outcome of any local, state, or federal legislation, ordinance, resolution, or ballot measure;

(f) Charitable giving expenses, including contributions to organizations qualified under section 501 (c)(3) or 501 (c)(4) of the federal "Internal Revenue Code of 1986", 26 U.S.C. sec. 501, as amended;

(g) Organizational or membership dues, or other contributions, to any organization, association, institution, corporation, or other entity that engages in lobbying or other similar activities intended to influence the outcome of any local, state, or federal legislation, ordinance, resolution, rule, ballot measure, or other regulatory decision;

(h) Contributions to political candidates, campaign committees, issue committees, or independent expenditure committees or similar political expenses;

(i) Travel, lodging, food, and beverage expenses for the utility's board of directors and officers;

(j) Entertainment or gift expenses;

(k) Expenses related to any owned, leased, or chartered aircraft for the utility's board of directors and officers; or

(l) Expenses related to marketing and administration or customer service for unregulated products or services provided or sold by the utility or the utility's affiliates.

(3) Subsections (2)(g) and (2)(h) of this section shall not be construed to apply to a utility employee's or contract worker's activities resulting from any voluntary dues deductions that are processed through standard payroll processes.

(4) (a) Notwithstanding penalties set forth in article 7 of this title 40, if the commission determines that a utility improperly recovered costs pursuant to subsection (2) of this section, the commission may assess a nonrecoverable penalty against the utility.

(b) In addition to assessing a nonrecoverable penalty against a utility pursuant to subsection (3)(a) of this section, the commission shall order the utility to refund the amount improperly recovered pursuant to subsection (2) of this section, plus interest, to customers.

(5) The commission shall require a utility to file an annual report with the commission to ensure the utility's compliance with this section. The report must include the purpose, payee, and amount of any expenses associated with the costs and activities that are not permitted to be recovered from customers pursuant to this section.

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

(a) (I) "Advertising" means the act of publishing, disseminating, soliciting, or circulating written, online, video, or audio communication intended to induce a person to patronize a product, service, business, or industry; promote a business's brand; otherwise emphasize desirable qualities about a product, service, business, or industry; or influence public opinion with respect to legislative, administrative, or electoral matters.

(II) "Advertising" does not include:

(A) Advertising required or authorized by law, regulation, or order;

(B) Advertising directly related to a purpose or program regarding income-based service, special rates, pilot programs, energy conservation, energy efficiency, beneficial electrification, renewable energy, transportation electrification, or other consumer education information;

(C) Advertising regarding service interruptions, safety measures, or emergency conditions; or

(D) Advertising concerning employment opportunities with the utility.

(b) "Aircraft" has the meaning set forth in section 41-2-101 (1).

(c) "Base rate" has the meaning set forth in section 40-3-102.5 (1)(d)(I).

(d) "Electric utility" means an investor-owned electric utility in the state.

(e) "Expenses" means any payment made in the form of compensation that a utility pays to an external firm, a corporate affiliate, or an employee of the utility.

(f) "Gas utility" means an investor-owned gas utility in the state.

(g) "Lobbying" means directly, or through the solicitation of others, communicating with a person that is in a position to make a policy decision in order to influence the outcome of local, state, or federal legislation.

(h) "Rate case" means a formal hearing of the commission to determine if the base rates of an electric utility or gas utility are just and reasonable pursuant to section 40-3-101.

(i) "Rider" means a charge added to a utility bill to recover a specific cost that is not part of the base rate.

(j) "Utility" means an investor-owned electric utility or gas utility in the state.
C.R.S. § 40-11.5-102 — CO Code / Title 40 / Article 11.5 / Section 40-11.5-102
40-11.5-102. Lease provisions - definitions - rules
Status: repealed

40-11.5-102. Lease provisions - definitions - rules. (1) Leases between motor carriers or contract carriers and independent contractors may contain, but need not be limited to, the following provisions:

(a) (I) The independent contractor, working with a certificated taxi or limousine carrier, may either lease a motor vehicle owned by the certificated carrier or may own the motor vehicle and lease it to the certificated carrier, who may release the vehicle to the independent contractor.

(II) The independent contractor, working with a certificated common carrier or contract carrier, other than a certificated taxi or limousine carrier, may own the motor vehicle and lease it to the certificated carrier.

(b) The lease may require the independent contractor to be instructed in the method of the carrier's operation, and to be familiar with federal, state, and municipal statutes, ordinances, and regulations. The lease may further require the certificated carrier or contract carrier to enforce compliance with such federal, state, and municipal statutes, ordinances, and regulations by the independent contractor. Compliance with the provisions of this paragraph (b) shall not affect the status of the independent contractor as an independent contractor for purposes of this article.

(c) The lease may provide for the transportation services to be accomplished personally by the independent contractor.

(d) The lease may provide for uniformity, on the body of the motor vehicle being used, of color and any written displays.

(e) The lease may provide for periodic driver safety training.

(f) The lease may provide for some control over any assistant working with the independent contractor relating to the enforcement of, and compliance with, federal, state, and municipal statutes, ordinances, and regulations.

(g) The lease may establish a specific number of hours to complete a particular shipment of goods and may provide for the creation of shifts which are primarily created to make available transportation equipment on a basis established to meet public need and necessity, and to provide adequate service to the public at all times.

(h) The lease may provide for certain regulations in the event radio telecommunication procedures are used between the certificated carrier or contract carrier and the driver of the vehicle.

(i) The lease may provide that the independent contractor only work for the certificated carrier or contract carrier as a driver during the time the independent contractor is operating the motor vehicle pursuant to the lease.

(j) The lease may prohibit the independent contractor from individually advertising the services being offered while driving for the certificated carrier or contract carrier pursuant to the terms of the lease.

(k) The lease may provide for the carrier to pay the independent contractor's fees when the carrier accepts charge vouchers for services rendered to customers.

(2) The lease may be terminated by any party, but nothing in this section shall be construed as relieving an independent contractor from the obligation of completing an accepted trip.

(3) The lease need not be for a term certain.

(4) Leases containing provisions pursuant to paragraphs (a), (b), (e), (f), (g), (h), and (i) of subsection (1) of this section shall be presumed prima facie evidence of an independent contractor relationship between the parties to the lease. This presumption may be overcome by clear and convincing evidence of an employment relationship between the parties to the lease considering only factors not in the lease. Leases containing the other optional provisions shall not change the characterization of the relationship evidenced by the lease.

(5) (a) Any lease or contract executed pursuant to this section must provide for coverage under workers' compensation or an occupational accident insurance policy that provides similar coverage.

(a.5) If an operator of a commercial vehicle obtains similar coverage pursuant to this subsection (5), then the operator:

(I) Is excluded from the definition of employee for purposes of section 8-40-202 (2);

(II) Shall notify the division of workers' compensation in the department of labor and employment of the election, in a manner determined by the director of the division of workers' compensation by rule; and

(III) Shall, along with the motor carrier and contract carrier, provide proof of the similar coverage upon request to interested parties, including the carrier's workers' compensation insurance provider, the division of workers' compensation, and the division of insurance.

(b) As used in this subsection (5), "similar coverage" means:

(I) Insurance benefits designed for independent contractors and sole proprietors who reject workers' compensation coverage and elect, pursuant to this subsection (5), coverage providing medical, temporary and permanent disability, death and dismemberment, and survivor benefits that are subject to regulation by the division of insurance in the department of regulatory agencies. The specifications of the insurance, including coverages, exclusions, policy limits, and the amount, if any, of any deductibles or copayments, must be filed with the division of insurance. The specifications must meet or exceed standards set by the division of insurance and the standards must specify that the benefits offered by the insurance coverage must be at least comparable to the benefits offered under the workers' compensation system.

(II) For services performed by operators of commercial vehicles, an occupational accident insurance policy that provides a minimum aggregate policy limit of one million five hundred thousand dollars for all benefits paid for the benefit of the operator, including medical, temporary and permanent disability, death and dismemberment, and survivor benefits.

(c) The lease shall provide for the payment of such coverage by either the lessor or lessee. If the lease provides for the lessee to pay for such coverage, proof of coverage shall be maintained by the lessor for the duration of the lease and the lessor shall not have liability for failure of compliance by the lessee.

(d) Notwithstanding any other law, if an operator of a commercial vehicle, a motor carrier, or a contract carrier obtains similar coverage pursuant to this subsection (5), articles 40 to 47 of title 8 do not apply.

(e) Repealed.

(6) (a) As used in this section:

(I) "Commercial vehicle" has the same meaning as set forth in section 42-4-235 (1)(a)(I)(B).

(II) "Operator" means the operator of a commercial vehicle:

(A) Who owns, is purchasing, or is leasing the commercial vehicle from any person other than the motor carrier; and

(B) Is the sole proprietor, owner, or partner of an applicable entity; a shareholder of a corporation where there are no more than two shareholders of the corporation; or a member of the applicable entity.

(b) For the purposes of subsection (6)(a)(II) of this section, the ownership, purchase, or leasing of a commercial vehicle by an applicable entity is deemed ownership, purchase, or leasing of the commercial vehicle by the sole proprietor, owner, or partner of an applicable entity; a shareholder of a corporation where there are no more than two shareholders of the corporation; or a member of the applicable entity.
C.R.S. § 40-8.7-111 — CO Code / Title 40 / Article 8.7 / Section 40-8.7-111
40-8.7-111. Jurisdiction of the public utilities commission
Status: in_force

40-8.7-111. Jurisdiction of the public utilities commission. Nothing in this article shall be construed to expand or alter the jurisdiction of the public utilities commission.
C.R.S. § 40-29-116 — CO Code / Title 40 / Article 29 / Section 40-29-116
40-29-116. Highway-rail crossing signalization fund created - annual appropriation
Status: in_force

40-29-116. Highway-rail crossing signalization fund created - annual appropriation. (1) The highway-rail crossing signalization fund is hereby created in the state treasury, in order to promote the public safety and to provide for the payment of the costs of installing, reconstructing, and improving automatic and other safety appliance signals or devices at crossings at grade of public highways or roads over the tracks of any railroad or street railway corporation in this state. None of the moneys in the highway-rail crossing signalization fund shall be used to pay any part of the cost of the installation, reconstruction, or improvement of any such signals or devices at any crossing when any part of such cost will be paid from moneys available under any federal or federal-aid highway act.

(2) For the 2016-17 fiscal year, the sum of two hundred forty thousand dollars is appropriated from the highway users tax fund created in section 43-4-201 (1)(a), C.R.S., to the highway-rail crossing signalization fund as authorized by section 43-4-201 (3)(a)(VI), C.R.S. Pursuant to section 40-2-114 (1)(a)(II), for the 2017-18 fiscal year and for each fiscal year thereafter, the lesser of three percent of the fees collected under section 40-2-113 or an amount of the fees equal to two hundred forty thousand dollars plus a cumulative inflation adjustment of two percent for each fiscal year beginning with the 2017-18 fiscal year is credited to the highway-rail crossing signalization fund. Notwithstanding section 24-36-114 (1), C.R.S., any interest earned on the deposit and investment of moneys in the highway-rail crossing signalization fund shall remain in the fund and shall not be credited or transferred to the general fund or any other fund. Such earned interest moneys are hereby continuously appropriated to the public utilities commission for use for the purposes of the highway-rail crossing signalization fund.

(3) Notwithstanding any other provision of this section, on July 1, 2020, the state treasurer shall transfer one million seven thousand one hundred seventy-six dollars from the highway-rail crossing signalization fund to the general fund.
C.R.S. § 40-15-510 — CO Code / Title 40 / Article 15 / Part 5 / Section 40-15-510
40-15-510. Violations
Status: in_force

40-15-510. Violations. Violations of this part 5 by a telecommunications provider are subject to enforcement and penalties as provided in article 7 of this title.
C.R.S. § 40-4-105 — CO Code / Title 40 / Article 4 / Section 40-4-105
40-4-105. Joint use of equipment and facilities
Status: in_force

40-4-105. Joint use of equipment and facilities. (1) Whenever the commission, after a hearing upon its own motion or upon complaint of a public utility affected, finds that the public convenience and necessity require the use by one public utility of the conduits, subways, tracks, wires, poles, pipes, or other equipment, or any part thereof on, over, or under any street or highway that belongs to another public utility, or the crossing of a railroad right-of-way by a public utility for installation of its own facilities in a manner and in a location that is compatible with the use for railroad purposes, and that such use will not result in irreparable injury to the owners or other users of such conduits, subways, wires, tracks, poles, pipes, or other equipment or to the railroad's use of the right-of-way, or in any substantial detriment to the service, and that such public utilities have failed to agree upon such use or the terms and conditions or compensation for the same, the commission by order may direct that such use be permitted and prescribe reasonable compensation and reasonable terms and conditions for the joint use. If such use is directed, the public utility to whom the use is permitted shall be liable to the owner or other users of such conduits, subways, tracks, wires, poles, pipes, other equipment, or railroad right-of-way, for such damage as may result therefrom to the property of such owners or other users thereof.

(2) In proceedings arising out of a complaint requesting the commission to authorize and determine appropriate compensation to be paid by a public utility to install its own facilities across a railroad right-of-way in a manner and location compatible with railroad use of the right-of-way, the commission may require the parties involved in the proceeding to reimburse the commission for the reasonable expenses, attorney fees, and expert witness fees the commission incurs in making its determination. Any fee collected pursuant to this section shall be remitted to the state treasurer, who shall credit such fee to the public utilities commission fixed utility fund created pursuant to section 40-2-114.

(3) Nothing in this section shall be construed to limit the right of a public utility to exercise the power of eminent domain to acquire property pursuant to applicable law.

(4) For purposes of this section, with respect to crossing of railroad rights-of-way by a public utility, the term "public utility" shall include power authorities organized under section 29-1-204, C.R.S. The term "public utility" shall also include municipal utilities and cooperative electric associations otherwise exempt from this article.
C.R.S. § 40-10.1-409 — CO Code / Title 40 / Article 10.1 / Part 4 / Section 40-10.1-409
40-10.1-409. Violators subject to penalties
Status: in_force

40-10.1-409. Violators subject to penalties. (1) A towing carrier that violates this part 4 is subject to the penalties provided in section 40-10.1-114.

(2) A violation of this part 4 is a deceptive trade practice under section 6-1-105 (1)(ttt) and (1)(eeee) and is subject to enforcement by the attorney general's office or a district attorney or enforcement as described in this section.
C.R.S. § 40-10.1-503 — CO Code / Title 40 / Article 10.1 / Part 5 / Section 40-10.1-503
40-10.1-503. Enforcement of carrier's lien
Status: in_force

40-10.1-503. Enforcement of carrier's lien. A mover without a current and valid permit issued under this part 5 is not entitled to acquire or enforce a carrier's lien under section 4-7-307 or 4-7-308, C.R.S.
C.R.S. § 40-2-125 — CO Code / Title 40 / Article 2 / Part 1 / Section 40-2-125
40-2-125. Eminent domain restrictions
Status: in_force

40-2-125. Eminent domain restrictions. (1) A qualifying retail utility shall not have the authority to condemn or exercise the power of eminent domain over any real estate, right-of-way, easement, or other right pursuant to section 38-2-101, C.R.S., to site the generation facilities of a renewable energy system used in whole or in part to meet the electric resource standards set forth in section 40-2-124. This section shall not be construed to limit the authority of a home rule municipality under article XX of the Colorado constitution.

(2) Section 3 of this initiated measure provides that this section and section 40-2-124 shall be effective December 1, 2004.
C.R.S. § 40-42-108 — CO Code / Title 40 / Article 42 / Section 40-42-108
40-42-108. Report to general assembly
Status: in_force

40-42-108. Report to general assembly. Commencing in 2022, the authority shall submit a report of its activities to the energy and environment committee of the house of representatives and the transportation and energy committee of the senate, or any successor committees, not later than December 1 of each year. The report shall set forth a complete operating and financial statement covering the operations of the authority for the previous state fiscal year. Notwithstanding section 24-1-136 (11)(a)(I), the requirement to submit the report continues indefinitely.
C.R.S. § 40-9-105 — CO Code / Title 40 / Article 9 / Section 40-9-105
40-9-105. Diligence in transporting - penalty for failure
Status: in_force

40-9-105. Diligence in transporting - penalty for failure. (1) It is the duty of every common carrier to transport all shipments between points in this state with the utmost diligence and to move perishable products toward their destination continuously without unnecessary delays or longer stops than regular stops at stations or stops for icing or watering and at a minimum speed of not less than ten miles per hour; but excessive storms, unavoidable accidents, or damage to roadbeds which delay such shipments beyond the power of the common carrier to immediately overcome shall exempt such common carrier from compliance with the minimum speed limit, until such storms subside or such damage can be expeditiously repaired.

(2) For failure of any common carrier to receive and transport such shipments with the utmost diligence, such common carrier issuing the receipt or bill of lading therefor shall pay to the owner, consignee, or other interested party whose interests may appear, such actual damages as the owner, consignee, or other interested party may sustain, and the same may be sued for and be recovered in any court of competent jurisdiction in the district in which the plaintiff resides.
C.R.S. § 40-32-104 — CO Code / Title 40 / Article 32 / Section 40-32-104
40-32-104. Violation - penalty
Status: repealed

40-32-104. Violation - penalty. (Repealed)