reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 6.5 - OFFICE OF THE UTILITY CONSUMER ADVOCATE (§§ 40-6.5-101 — 40-6.5-109) › Section 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.
Amended by 2021 Ch. 477,§3, eff. 9/1/2021.
Amended by 2015 Ch. 297,§2, eff. 6/5/2015.
L. 84: Entire article added, p. 1044, § 1, effective July 1. L. 2015: (3) amended, (SB 15-271), ch. 297, p. 1223, § 2, effective June 5. L. 2021: IP amended and (1.3), (2.2), (2.4), (2.8), and (6) added, (SB 21-103), ch. 3408, p. 3408, § 3, effective September 1.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 6.5 - OFFICE OF THE UTILITY CONSUMER ADVOCATE (§§ 40-6.5-101 — 40-6.5-109) › Section 40-6.5-103 - Qualifications of the director - conflict of interest

The director must have at least five years of experience in consumer-related utility issues or in the operation, management, or regulation of utilities as either an attorney, an engineer, an economist, an accountant, a financial analyst, or an administrator or any combination of those roles. The executive director shall not appoint as director a person who owns stocks or bonds in a corporation subject in whole or in part to regulation by the commission or who has any pecuniary interest in such corporation.
Amended by 2021 Ch. 477,§5, eff. 9/1/2021.
L. 84: Entire article added, p. 1045, § 1, effective July 1. L. 2021: Entire section amended, (SB 21-103), ch. 3410, p. 3410, § 5, effective September 1.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 6.5 - OFFICE OF THE UTILITY CONSUMER ADVOCATE (§§ 40-6.5-101 — 40-6.5-109) › Section 40-6.5-105 - Intervenors other than the office of the utility consumer advocate

(1)
If the office intervenes and there are other intervenors in proceedings before the commission, the determination of said commission with regard to the payment of expenses of intervenors, other than the office, and the amounts thereof shall be based on the following considerations:
(a)
Any reimbursements may be awarded only for expenses related to issues not substantially addressed by the office;
(b)
The testimony and participation of other intervenors must have addressed issues of concern to the general body of users or consumers concerning, directly or indirectly, rates or charges;
(c)
The testimony and participation of other intervenors must have materially assisted the commission in rendering its decision;
(d)
The expenses of other intervenors must be reasonable in amount;
(e)
The testimony and participation of other intervenors must be of significant quality;
(f)
The participation of other intervenors must be active during the proceeding and not merely an appearance for purposes of establishing legal standing; and
(g)
The payment of expenses of other intervenors who are in direct competition with a public utility involved in proceedings before the commission is prohibited.
(2)
The commission shall promptly report the award of any intervenors' expenses to the executive director of the department of regulatory agencies.
Amended by 2021 Ch. 477,§7, eff. 9/1/2021.
L. 84: Entire article added, p. 1045, § 1, effective July 1. L. 96: (2) amended, p. 1228, § 43, effective August 7. L. 2021: IP(1) and (1)(a) amended, (SB 21-103), ch. 3411, p. 3411, § 7, effective September 1.
For the legislative declaration contained in the 1996 act amending subsection (2), see section 1 of chapter 237, Session Laws of Colorado 1996.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 6.5 - OFFICE OF THE UTILITY CONSUMER ADVOCATE (§§ 40-6.5-101 — 40-6.5-109) › Section 40-6.5-107 - Financing of office

At each regular session, the general assembly shall determine the amount to be expended by the office for the direct and indirect costs of administration in performing its duties and responsibilities required by this article 6.5 and shall appropriate the amount to the office from the public utilities commission fixed utility fund and the telecommunications utility fund created in section
40-2-114
. The general assembly shall not appropriate money from the general fund to the office for the performance of its duties and responsibilities under this article 6.5.
Amended by 2021 Ch. 477,§9, eff. 9/1/2021.
L. 84: Entire article added, p. 1047, § 1, effective July 1. L. 2021: Entire section amended, (SB 21-103), ch. 3413, p. 3413, § 9, effective September 1.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 6.5 - OFFICE OF THE UTILITY CONSUMER ADVOCATE (§§ 40-6.5-101 — 40-6.5-109) › Section 40-6.5-108 - Repeal of article - office of the utility consumer advocate subject to termination

This article 6.5 is repealed, effective September 1, 2028. Before the repeal, this article 6.5 is scheduled for review in accordance with section
24-34-104
.
Amended by 2021 Ch. 477,§2, eff. 9/1/2021.
Amended by 2016 Ch. 210,§117, eff. 6/6/2016.
Amended by 2015 Ch. 297,§5, eff. 6/5/2015.
L. 84: Entire article added, p. 1047, § 1, effective July 1. L. 88: Entire section amended, p. 1353, § 1, effective April 14. L. 93: Entire section amended, p. 977, § 5, effective July 1. L. 98: (1) amended, p. 74, § 1, effective July 1; (1) amended, p. 78, § 1, effective July 1. L. 2004: (1)(b) amended, p. 350, § 21, effective July 1. L. 2006: (1)(b) repealed and (1)(b.5) added, p. 128, §§ 2, 3, effective July 1; (1)(b) repealed and (1)(c) added, p. 24, §§ 2, 3, effective July 1. L. 2015: (1)(b.5) repealed and (1)(c) amended, (SB 15-271), ch. 1225, p. 1225, § 5, effective June 5. L. 2016: (2) amended, (SB 16-189), ch. 797, p. 797, § 117, effective June 6. L. 2021: Entire section R&RE, (SB 21-103), ch. 3407, p. 3407, § 2, effective September 1.
Amendments to subsection (1) by House Bill 98-1078 were harmonized with House Bill 98-1074 resulting in the deletion of subsection (1)(a).
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 6.5 - OFFICE OF THE UTILITY CONSUMER ADVOCATE (§§ 40-6.5-101 — 40-6.5-109) › Section 40-6.5-109 - [Repealed]

L. 84: Entire article added, p. 1048, § 6, effective July 1. L. 93: Entire section repealed, p. 1793, § 90, effective June 6; entire section repealed, pp. 977, 2068, §§ 6, 24, effective July 1.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 7 - ENFORCEMENT - PENALTIES (§§ 40-7-101 — 40-7-118) › Section 40-7-101 - Enforcement of laws

It is the duty of the commission to see that the constitution and statutes of this state affecting public utilities, and persons subject to article 10.1 or 10.5 of this title, the enforcement of which is not specifically vested in some other officer or tribunal, are enforced and obeyed and that violations thereof are promptly prosecuted and penalties due the state are recovered and collected, and to this end it may sue in the name of the people of the state of Colorado. Upon the request of the commission, the attorney general or the district attorney acting for the proper county or city and county shall aid in any investigation, hearing, or trial had under articles
1
to
7
of this title and institute and prosecute actions or proceedings for the enforcement of the constitution and statutes of this state affecting public utilities and persons subject to article 10.1 or 10.5 of this title and for the punishment of all violations thereof.
L. 13: p. 503, § 57. C.L. § 2966. CSA: C. 137, § 57. CRS 53: § 115-7-1. C.R.S. 1963: § 115-7-1. L. 2011: Entire section amended, (HB 11-1198), ch. 127, p. 420, §16, effective August 10.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 7 - ENFORCEMENT - PENALTIES (§§ 40-7-101 — 40-7-118) › Section 40-7-102 - Liability for violations - punitive damages

(1)
In case any public utility does, causes to be done, or permits to be done any act, matter, or thing prohibited, forbidden, or declared to be unlawful, or omits to do any act, matter, or thing required to be done, either by the state constitution, any law of this state, or any order or decision of the commission, such public utility shall be liable to the persons or corporations affected thereby for all loss, damage, or injury caused thereby or resulting therefrom. If the court finds that the act or omission was willful, the court, in addition to the actual damages, may award exemplary damages. An action to recover such loss, damage, or injury may be brought in any court of competent jurisdiction by any corporation or person.
(2)
No recovery as provided in this section shall in any manner affect the recovery by the state of the penalties provided in articles
1
to
7
of this title.
L. 13: p. 503, § 58. C.L. § 2967. CSA: C. 137, § 58. CRS 53: § 115-7-2. C.R.S. 1963: § 115-7-2.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 7 - ENFORCEMENT - PENALTIES (§§ 40-7-101 — 40-7-118) › Section 40-7-103 - Not to affect other rights - penalties cumulative

(1)
The provisions of articles
1
to
7
of this title shall not have the effect of releasing or waiving any right of action by the state, the commission, or any person or corporation for any right, penalty, or forfeiture which may have arisen or accrued under any law of this state.
(2)
All penalties accruing under articles
1
to
7
of this title shall be cumulative of each other, and a suit for the recovery of one penalty shall not be a bar to nor affect the recovery of any other penalty or forfeiture nor be a bar to any criminal prosecution against any public utility, or any officer, director, agent, or employee thereof, or any other corporation or person.
L. 13: p. 503, § 59. C.L. § 2968. CSA: C. 137, § 59. CRS 53: § 115-7-3. C.R.S. 1963: § 115-7-3.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 7 - ENFORCEMENT - PENALTIES (§§ 40-7-101 — 40-7-118) › Section 40-7-104 - Actions to restrain violations

(1)
Whenever the commission is of the opinion that any public utility is failing or omitting to do anything required of it by law or by any order, decision, rule, direction, or requirement of the commission or is doing anything or about to do anything or permitting anything or about to permit anything to be done contrary to or in violation of law or of any order, decision, rule, direction, or requirement of the commission, it shall direct the attorney general to commence an action or proceeding in the district court in and for the county or city and county in which the cause or some part thereof arose, or in which the corporation or person complained of, if any, has its principal place of business, or in which the person, if any, complained of, resides, in the name of the people of the state of Colorado, for the purpose of having such violations or threatened violations stopped and prevented, either by mandamus or injunction.
(2)
The attorney general shall begin such action or proceeding by petition to such district court, alleging the violation or threatened violation complained of, and praying for appropriate relief by way of mandamus or injunction. It is the duty of the court to specify a time, not exceeding twenty days after the service of the copy of the petition, within which the public utility complained of must answer the petition, and in the meantime said public utility may be restrained. In case of default in answer or after answer, the court shall immediately inquire into the facts and circumstances of the case.
(3)
Such corporations or persons as the court may deem necessary or proper to be joined as parties, in order to make its judgment or order effective, may be joined as parties. The final judgment in any such action or proceeding shall either dismiss the action or proceeding or direct that an order in the nature of mandamus or injunction issue or be made permanent as prayed for in the petition or in such modified or other form as will afford appropriate relief. An appeal may be taken to the supreme court from such final judgment in the same manner and with the same effect, subject to the provisions of articles
1
to
7
of this title as appeals are taken from judgments of the district court in other actions for mandamus or injunction.
L. 13: p. 504, § 60. C.L. § 2969. CSA: C. 137, § 60. CRS 53: § 115-7-4. C.R.S. 1963: § 115-7-4.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 7 - ENFORCEMENT - PENALTIES (§§ 40-7-101 — 40-7-118) › Section 40-7-105 - Violations - penalty - separate offenses - rules

(1)
Any public utility that violates or fails to comply with any provision of the state constitution or of articles
1
to
7
of this title 40 or that fails, omits, or neglects to obey, observe, or comply with any order, decision, decree, rule, direction, demand, or requirement of the commission or any part or provision thereof, except an order for the payment of money, in a case in which a penalty has not been provided for the public utility, is subject to a penalty of not more than twenty thousand dollars per offense for each day that the offense continues.
(1.5)
(a)
Any proposed penalty is subject to a finding by the commission of customer harm that is commensurate with the amount of the penalty levied. In determining the amount of a penalty or whether any penalty is levied, the commission shall also consider factors including:
(I)
The size of the utility;
(II)
Factors influencing the violation;
(III)
The utility's previous history of any similar violations;
(IV)
Remedial measures; and
(V)
Any other factors that may mitigate any harm to customers.
(b)
The commission shall adopt rules to annually adjust the maximum per-day penalty amount set forth in subsection (1) of this section based on the annual percentage change in the United States department of labor's bureau of labor statistics consumer price index for the Denver-Aurora-Lakewood area for all items paid by all urban consumers, or its successor index.
(2)
Every violation of the provisions of articles
1
to
7
of this title or of any order, decision, decree, rule, direction, demand, or requirement of the commission or any part or portion thereof, except an order for the payment of money, by any corporation or person is a separate and distinct offense, and, in case of a continuing violation, each day's continuance thereof shall be deemed a separate and distinct offense.
(3)
In construing and enforcing the provisions of articles
1
to
7
of this title relating to penalties, the act, omission, or failure of any officer, agent, or employee of any public utility, acting within the scope of his official duties or employment, in every case shall be deemed the act, omission, or failure of such public utility.
(4)
Any penalty that the commission assesses against a utility under this section is not recoverable as an expense payable by the utility's ratepayers.
Amended by 2023 Ch. 165,§ 20, eff. 8/7/2023.
L. 13: p. 505, § 61. C.L. § 2970. CSA: C. 137, § 61. CRS 53: § 115-7-5. C.R.S. 1963: § 115-7-5.
2023 Ch. 165, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 7 - ENFORCEMENT - PENALTIES (§§ 40-7-101 — 40-7-118) › Section 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.
L. 13: p. 505, § 62. C.L. § 2971. CSA: C. 137, § 62. CRS 53: § 115-7-6. C.R.S. 1963: § 115-7-6. L. 93: Entire section amended, p. 2068, § 25, effective July 1. L. 2002: Entire section amended, p. 1558, § 355, effective October 1.
For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 7 - ENFORCEMENT - PENALTIES (§§ 40-7-101 — 40-7-118) › Section 40-7-107 - Violations by corporations not public utilities - penalty

Every corporation other than a public utility which violates any provision of articles
1
to
7
of this title or which fails to obey, observe, or comply with any order, decision, rule, direction, demand, or requirement of the commission or any part or provision thereof, except an order for the payment of money, in a case in which a penalty has not been provided for such corporation is subject to a penalty of not more than two thousand dollars for each offense.
L. 13: p. 506, § 63. C.L. § 2972. CSA: C. 137, § 63. CRS 53: § 115-7-7. C.R.S. 1963: § 115-7-7.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 7 - ENFORCEMENT - PENALTIES (§§ 40-7-101 — 40-7-118) › Section 40-7-108 - Violations by individuals - penalty

Every person who, either individually or acting as an officer, agent, or employee of a corporation other than a public utility, violates any provision of articles
1
to
7
of this title 40 or who fails to observe, obey, or comply with any order, decision, rule, direction, demand, or requirement of the commission or any part or portion thereof, or who procures, aids, or abets any such public utility in its violation of articles
1
to
7
of this title 40 or in its failure to obey, observe, or comply with any such order, decision, rule, direction, demand, or requirement or any part or portion thereof in a case in which a penalty has not been provided for such person commits a petty offense and shall be punished as provided in section
18-1.3-503
.
Amended by 2021 Ch. 462, § 700, eff. 3/1/2022.
L. 13: p. 506, § 64. C.L. § 2973. CSA: C. 137, § 64. CRS 53: § 115-7-8. C.R.S. 1963: § 115-7-8. L. 93: Entire section amended, p. 2068, § 26, effective July 1. L. 2002: Entire section amended, p. 1558, § 356, effective October 1. L. 2021: Entire section amended, (SB 21-271), ch. 3297, p. 3297, § 700, effective 3/1/2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration contained in the 2002 act amending this section, see section 1 of chapter 318, Session Laws of Colorado 2002.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 7 - ENFORCEMENT - PENALTIES (§§ 40-7-101 — 40-7-118) › Section 40-7-109 - Action to recover penalties - fines paid to general fund

Actions to recover penalties under this title may be brought in the name of the people of the state of Colorado in the district court in and for the county or city and county in which the cause or some part thereof arose, or in which the corporation complained of, if any, has its principal place of business, or in which the person, if any, complained of resides. Such action shall be commenced and prosecuted to final judgment by the attorney general as directed by the commission. In any such action, all penalties incurred up to the time of commencing the same may be sued for and recovered. In all such actions, the procedure and rules of evidence shall be the same as in ordinary civil actions, except as otherwise provided in this article. All fines and penalties recovered by the state in any such action, together with the costs thereof, shall be paid into the state treasury. Any such action may be compromised or discontinued on application of the commission upon such terms as the court shall approve and order.
L. 13: p. 506, § 65. C.L. § 2974. CSA: C. 137, § 65. CRS 53: § 115-7-9. C.R.S. 1963: § 115-7-9. L. 2008: Entire section amended, p. 1797, § 18, effective July 1.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 7 - ENFORCEMENT - PENALTIES (§§ 40-7-101 — 40-7-118) › Section 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.
L. 13: p. 507, § 66. C.L. § 2975. CSA: C. 137, § 66. L. 45: p. 534, § 10. CRS 53: § 115-7-10. C.R.S. 1963: § 115-7-10. L. 2008: (1) repealed, p. 1798, § 19, effective July 1.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 7 - ENFORCEMENT - PENALTIES (§§ 40-7-101 — 40-7-118) › Section 40-7-111 - Not to affect interstate or foreign commerce

None of the provisions of articles
1
to
7
of this title, except when specifically so stated, shall apply or be construed to apply to commerce with foreign nations or commerce among the several states, except insofar as the same may be permitted under the provisions of the constitution of the United States and the acts of congress.
L. 13: p. 508, § 68. C.L. § 2976. CSA: C. 137, § 67. CRS 53: § 115-7-11. C.R.S. 1963: § 115-7-11.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 7 - ENFORCEMENT - PENALTIES (§§ 40-7-101 — 40-7-118) › Section 40-7-113.5 - Civil penalties applicable to public utilities - exclusion from rate base

(1)
(a)
In addition to any other penalty otherwise authorized by law and except as otherwise provided in subsections (3), (4), and (5) of this section, a public utility furnishing electric, gas, water, water and sewer, or telecommunications service that intentionally violates any provision of articles 1 to 7 or 15 of this title or of any rule or order of the commission pursuant to such articles, which provision is applicable to such utility, may be assessed a civil penalty of not more than two thousand dollars; except that nothing in this subsection (1) shall be construed to authorize the imposition of civil penalties upon:
(I)
A cooperative electric association that has voted to exempt itself from regulation pursuant to section
40-9.5-103
;
(II)
A cooperative telephone association;
(III)
A municipally owned utility; or
(IV)
A nonprofit generation and transmission electric corporation or association.
(b)
Civil penalties assessed pursuant to this section shall be paid and credited to the general fund, in addition to any other sanctions that may be imposed pursuant to law. The amount of any such penalties paid shall not be an allowable expense for rate-making purposes.
(2)
(a)
The commission shall adopt rules specifying the particular violations, and the amount of the civil penalties to be assessed for each violation, pursuant to subsection (1) of this section.
(b)
No public utility shall be assessed a civil penalty if the utility is already subject to an existing reparation due to a commission order, commission rule, or statutory provision for the same violation.
(3)
If any public utility receives a second civil penalty assessment for a violation of the same statute, rule, or order within one year after the first violation, the civil penalty assessed for the second violation shall be no greater than twice the amount specified by rule for such violation.
(4)
If any public utility receives more than two civil penalty assessments for violation of the same statute, rule, or order within one year, the civil penalty assessed for each such subsequent violation shall be no greater than three times the amount specified by rule for such violation.
(5)
Notwithstanding any provision of this section to the contrary, the total amount of civil penalties assessed against one public utility under this section shall not exceed the lesser of the following:
(a)
One hundred fifty thousand dollars in any six-month period; or
(b)
In any twelve-month period, one percent of the utility's gross annual revenues from services regulated by the commission, based on the most recent fiscal year for which final revenue figures are available.
L. 2008: Entire section added, p. 1798, § 20, effective July 1.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 7 - ENFORCEMENT - PENALTIES (§§ 40-7-101 — 40-7-118) › Section 40-7-114 - [Repealed]

L. 89: Entire section added, p. 1541, § 1, effective April 12. L. 93: (3) amended, p. 2070, § 28, effective July 1. L. 2011: Entire section repealed, (HB 11-1198), ch. 127, p. 416, §3, effective August 10.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 7 - ENFORCEMENT - PENALTIES (§§ 40-7-101 — 40-7-118) › Section 40-7-115 - Each day a separate offense

Each day in which a person violates any statute, rule, or order of the commission for which a civil penalty may be imposed under section
40-7-113
or
40-7-113.5
may constitute a separate offense.
L. 89: Entire section added, p. 1542, § 1, effective April 12. L. 2008: Entire section amended, p. 1799, § 21, effective July 1. L. 2011: Entire section amended, (HB 11-1198), ch. 127, p. 423, §19, effective August 10.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 7 - ENFORCEMENT - PENALTIES (§§ 40-7-101 — 40-7-118) › Section 40-7-117 - Gas pipeline safety rules - civil penalty for violations - other remedies

(1)
Any person violating any rule adopted or order issued by the commission pursuant to the authority granted in section
40-2-115(1)(c), (1)(d), or (1)(e)
is subject to a civil penalty of up to two hundred thousand dollars per violation; except that, in the case of a group or series of related violations, the aggregate amount of such penalties shall not exceed two million dollars. Each day of a continuing violation constitutes a separate violation.
(2)
Any civil penalty authorized by this section may be reduced by the commission based on consideration of objective metrics and factors set forth in rules. The metrics and factors must include:
(a)
An evaluation of the severity of the violation, in terms of its actual or potential effect on public safety or pipeline system integrity;
(b)
The extent to which the violation and any underlying conditions that may have contributed to the likelihood or severity of the violation have been remedied; and
(c)
The extent to which the violator agrees to spend, in lieu of payment of part of the civil penalty, a specified dollar amount on commission-approved measures to reduce the overall risk to pipeline system safety or integrity; except that the amount of the penalty payable to the commission shall be no less than five thousand dollars.
(3)
If a violator does not remit the assessed penalty or the lesser amount agreed upon pursuant to subsection (2) of this section, the commission may recover the amount due plus court costs in a civil action in any court of competent jurisdiction.
(4)
The remedy provided in this section is in addition to any other remedies available to the commission under the constitution or laws of this state or of the United States.
Amended by 2021 Ch. 465,§3, eff. 7/6/2021.
L. 93: Entire section added, p. 2071, § 30, effective July 1. L. 2003: (1) amended, p. 1700, § 6, effective May 14. L. 2021: Entire section amended, (SB 21-108), ch. 3355, p. 3355, § 3, effective July 6.
For the legislative declaration in SB 21-108, see section 1 of chapter 465, Session Laws of Colorado 2021.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 7 - ENFORCEMENT - PENALTIES (§§ 40-7-101 — 40-7-118) › Section 40-7-118 - Legal services offset fund - creation - exemption from maximum reserve

(1)
(a)
The legal services offset fund is hereby created in the state treasury. The fund consists of the civil penalties that are collected and credited to the fund pursuant to section
40-7-112(1)(b)
for violations of article
10.1
of this title 40 or commission rules promulgated pursuant to article
10.1
of this title 40. The money in the fund is continuously appropriated to the department of regulatory agencies for use to offset the costs of legal representation of the staff of the commission in proceedings before the commission concerning the enforcement of article
10.1
of this title 40. The department of regulatory agencies shall use the money in the legal services offset fund to support appropriations made to the department that are used for legal representation of the staff of the commission in proceedings concerning the enforcement of article
10.1
of this title 40.
(b)
The money in the fund and any interest earned on money in the fund at the end of any fiscal year remains in the fund and shall not be transferred to the general fund or any other fund; except that, if the balance in the fund exceeds two hundred fifty thousand dollars, the state treasurer shall transfer the money in excess of two hundred fifty thousand dollars to the general fund.
(2)
In accordance with section
24-75-402(2)(a)
and for each fiscal year, the alternative maximum reserve for the legal services offset fund is two hundred fifty thousand dollars.
Amended by 2019 Ch. 359,§ 18, eff. 5/30/2019.
Added by 2017 Ch. 281,§ 3, eff. 8/9/2017.
L. 2017: Entire section added, (SB 17-180), ch. 281, p. 1532, § 3, effective August 9.
Section 31 of chapter 359 (SB 19-236), Session Laws of Colorado 2019, provides that the act changing this section applies to conduct, including power purchase agreements entered into and utility rate-based property development, occurring on or after May 30, 2019.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 7.5 - CIVIL REMEDIES AVAILABLE TO UTILITIES (§§ 40-7.5-101 — 40-7.5-104) › Section 40-7.5-101 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Bypassing" means the act of attaching, connecting, or in any manner affixing any wire, cord, socket, motor, pipe, or other instrument, device, or contrivance to the utility supply system or any part thereof in such a manner as to transmit, supply, or use any utility service without passing through an authorized meter or other device provided for measuring, registering, determining, or limiting the amount of electricity, gas, or water consumed.
(2)
"Customer" means the person responsible for payment for utility services for the premises, and such term includes employees and agents of the customer.
(3)
"Person" means any individual, firm, partnership, corporation, company, association, joint-stock association, or other legal entity.
(4)
"Tampering" means the act of damaging, altering, adjusting, or in any manner interfering with or obstructing the action or operation of any meter or other device provided for measuring, registering, determining, or limiting the amount of electricity, gas, or water consumed.
(5)
"Unauthorized metering" means the act of removing, moving, installing, connecting, reconnecting, or disconnecting any meter or metering device for utility service by a person other than an authorized contractor, employee, or agent of such utility.
(6)
"Utility" means any pipeline corporation, gas corporation, electrical corporation, water corporation, irrigation system, cooperative association, nonprofit corporation, nonprofit association, municipality, or person operating in whole or in part for the purpose of supplying electricity, gas, steam, or water, or any combination thereof, to the public or to any person.
(7)
"Utility service" means the provision of electricity, gas, steam, water, or any other service or commodity furnished by the utility for compensation.
(8)
"Utility supply system" includes all wires, conduits, pipes, cords, sockets, motors, meters, instruments, and other devices whatsoever used by the utility for the purpose of providing utility services.
L. 83: Entire article added, p. 1564, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 7.5 - CIVIL REMEDIES AVAILABLE TO UTILITIES (§§ 40-7.5-101 — 40-7.5-104) › Section 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.
L. 83: Entire article added, p. 1565, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 7.5 - CIVIL REMEDIES AVAILABLE TO UTILITIES (§§ 40-7.5-101 — 40-7.5-104) › Section 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.
L. 83: Entire article added, p. 1565, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 7.5 - CIVIL REMEDIES AVAILABLE TO UTILITIES (§§ 40-7.5-101 — 40-7.5-104) › Section 40-7.5-104 - Remedies cumulative

It is the purpose of this article to provide additional remedies to avoid the wrongful use of the facilities of utilities, and nothing in this article shall abridge or alter rights of action or remedies existing prior to July 1, 1983, or created on or after said date.
L. 83: Entire article added, p. 1566, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 8 - UNCLAIMED FUNDS FOR OVERCHARGES (§§ 40-8-101 — 40-8-105) › Section 40-8-101 - Undistributed overcharges turned over to municipality

(1)
Except as provided in subsection (2) of this section, in all cases where there has been an overcharge by a public utility for any commodity or service on account of which rights to refunds have accrued to any municipality or the inhabitants thereof by reason of services or commodities received through the use of the streets of such municipality, with or without a franchise, and a refund of the amount overcharged has been directed by any court or other authorized governmental tribunal, and a part of such refund has not been made because of inability to find the persons entitled thereto within the time limit fixed by such court or tribunal, the court or tribunal shall direct that any such undistributed balance shall be turned over to the municipality.
(2)
For gas, electric, and steam utilities, the public utilities commission may order that all or part of the undistributed balance of a refund be paid by the utility in an equitable manner to the general body of utility customers, and the public utilities commission may order a gas or electric utility to pay up to ninety percent of the undistributed balance of a refund into the fund established by the legislative commission on low-income energy and water assistance pursuant to section
40-8.5-104
.
Amended by 2021 Ch. 488,§17, eff. 9/7/2021.
L. 47: p. 704, § 1. CSA: C. 137, § 69. CRS 53: § 115-8-1. C.R.S. 1963: § 115-8-1. L. 69: p. 954, § 52. L. 90: Entire section amended, p. 1760, § 2, effective May 31. L. 92: (2) amended, p. 2137, § 1, effective May 27. L. 2021: (2) amended, (HB 21-1105), ch. 3507, p. 3507, § 17, effective September 7.
2021 Ch. 488, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 8 - UNCLAIMED FUNDS FOR OVERCHARGES (§§ 40-8-101 — 40-8-105) › Section 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.
L. 47: p. 704, § 2. CSA: C. 137, § 70. CRS 53: § 115-8-2. C.R.S. 1963: § 115-8-2. L. 90: Entire section amended, p. 1761, § 3, effective May 31.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 8 - UNCLAIMED FUNDS FOR OVERCHARGES (§§ 40-8-101 — 40-8-105) › Section 40-8-103 - Due and payable by escheat

The payment to such municipality or county, as set forth in sections
40-8-101
and
40-8-102
, shall become due and payable by escheat, where not otherwise due and payable by operation of law.
L. 47: p. 704, § 3. CSA: C. 137, § 71. CRS 53: § 115-8-3. C.R.S. 1963: § 115-8-3.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 8 - UNCLAIMED FUNDS FOR OVERCHARGES (§§ 40-8-101 — 40-8-105) › Section 40-8-104 - Municipality or county liable for three years

The municipality or county receiving such moneys shall be liable therefor for three years from the date when received and shall pay them out to any person entitled thereto proving his claim through court action or in any other method satisfactory to the municipality or county. At the end of such period, the fund shall become the property of the municipality or county.
L. 47: p. 704, § 4. CSA: C. 137, § 72. CRS 53: § 115-8-4. C.R.S. 1963: § 115-8-4.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 8 - UNCLAIMED FUNDS FOR OVERCHARGES (§§ 40-8-101 — 40-8-105) › Section 40-8-105 - Authority of commission unaffected

Except as provided in section
40-8-101(2)
, nothing in this article shall affect the authority of the public utilities commission, as otherwise provided by law, to determine the manner in which overcharges by a public utility shall be returned to the customers of that utility.
L. 90: Entire section added, p. 1761, § 4, effective May 31.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 8.5 - UNCLAIMED UTILITY DEPOSITS (§§ 40-8.5-101 — 40-8.5-107) › Section 40-8.5-101 - Legislative declaration

In enacting this article 8.5, the general assembly finds and declares that there is a need to make distributions of money to provide aid and assistance to the indigent, the elderly, and persons with disabilities, who do not otherwise have the financial resources to meet their heating and other energy needs. The general assembly further finds and declares that the low-income energy assistance program of the department of human services is the most appropriate entity to determine those most in need of such aid and assistance. Therefore, this article 8.5 authorizes the legislative commission on low-income energy and water assistance to establish a fund from which to collect and distribute money to accomplish the goals set forth in this section. The money for the fund must be funded in part by unclaimed utility deposits.
Amended by 2021 Ch. 488,§18, eff. 9/7/2021.
L. 90: Entire article added, p. 1758, § 1, effective May 31. L. 93: Entire section amended, p. 1671, § 90, effective July 1. L. 94: Entire section amended, p. 2719, § 304, effective July 1. L. 2021: Entire section amended, (HB 21-1105), ch. 488, p. 3508, § 18, effective September 7.
2021 Ch. 488, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 8.5 - UNCLAIMED UTILITY DEPOSITS (§§ 40-8.5-101 — 40-8.5-107) › Section 40-8.5-102 - Applicability

This article shall apply to any electric or gas utility, as defined by section
40-8.5-103
; except that this article shall apply only to those cooperative electric associations, as defined by section
40-9.5-102
, which notify the commission that they elect to come under this article.
L. 90: Entire article added, p. 1758, § 1, effective May 31.