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 9.5 - COOPERATIVE ELECTRIC ASSOCIATIONS (§§ 40-9.5-101 — 40-9.5-301) › Part 1 - GENERALLY (§§ 40-9.5-101 — 40-9.5-118) › Section 40-9.5-104 - Procedure for exemption - election

(1)
(a)
The board of directors of each cooperative electric association may, at its option, submit the question of its exemption from the "Public Utilities Law", articles
1
to
7
of this title, to its members and its consumers. Approval by a majority of those voting in the election shall be required for such exemption.
(b)
The board of directors of the cooperative electric association shall be responsible for mailing the ballots to all members and consumers of the association, for counting the returned ballots, and for determining the result of the election and shall also be responsible for insuring that the election is not held in a dishonest, corrupt, or fraudulent manner. The ballot shall contain the following language:
"Shall ...... (name of the cooperative electric association) be exempt from regulation by the public utilities commission of the state of Colorado?
( ) Yes ( ) No"
(c)
The ballot must be postmarked or returned in an envelope accompanying the ballot with return postage paid within thirty days after it was mailed to the member or consumer.
(d)
The results of the election held pursuant to this subsection (1) shall be certified by the secretary of the board of directors of the cooperative electric association no later than sixty days after the ballots are mailed to the members and consumers, and said secretary shall file the results with the director of the public utilities commission.
(2)
Upon an affirmative vote of the members and consumers of the cooperative electric association on the question of exempting said association, the association shall be exempt from the "Public Utilities Law", articles
1
to
7
of this title, beginning on the date the election results are filed with the public utilities commission.
L. 83: Entire article added, p. 1568, § 1, effective July 1. L. 85: (1)(a) amended, p. 1299, § 1, effective May 31. L. 2003: (1)(d) amended, p. 1707, § 23, effective May 14.
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 9.5 - COOPERATIVE ELECTRIC ASSOCIATIONS (§§ 40-9.5-101 — 40-9.5-301) › Part 1 - GENERALLY (§§ 40-9.5-101 — 40-9.5-118) › Section 40-9.5-107 - Duties of cooperative electric associations

(1)
Cooperative electric associations shall provide reasonably continuous and adequate electric utility service to all members and consumers within their certificated service areas.
(2)
Cooperative electric associations shall provide and maintain reasonably adequate facilities for the provision of electric utility service within their certificated service areas.
(3)
All cooperative electric associations shall cooperate with each other and with other electric utilities in avoiding unnecessary construction of facilities and cooperate in the joint use of facilities for generation, transmission, and distribution of electric energy.
(4)
Cooperative electric associations shall construct and maintain their facilities in a careful and safe fashion so as to minimize hazards to either persons or property.
(5)
Cooperative electric associations shall continue to file with the public utilities commission those items required by sections
40-2-111
,
40-3-110
, and
40-5-106(2)
and shall comply with section
40-2-124(3) and (4)
. The records and accounts of cooperative electric associations shall be kept in accordance with procedures established by the commission pursuant to section
40-4-111
.
(6)
If a cooperative electric association has an immediate shutoff policy, such association shall have provisions for an immediate appeal of such policy to the board of directors.
(7)
The board of directors of a cooperative electric association shall adopt all necessary rules and regulations to comply with the provisions of this part 1.
(8)
Any conflict arising out of this section shall be resolved by the public utilities commission in accordance with the hearing procedures established in article
6
of this title.
L. 83: Entire article added, p. 1570, § 1, effective July 1. L. 86: (7) amended, p. 1162, § 7, effective May 27; (5) amended, p. 1223, § 38, effective May 30. L. 2005: (5) amended, p. 239, § 3, effective August 8.
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 9.5 - COOPERATIVE ELECTRIC ASSOCIATIONS (§§ 40-9.5-101 — 40-9.5-301) › Part 1 - GENERALLY (§§ 40-9.5-101 — 40-9.5-118) › Section 40-9.5-108 - Public meetings - definition

(1)
All meetings of a cooperative electric association are declared to be open meetings and open to the members, consumers, and news media at all times; but such association, by a two-thirds affirmative vote of the board members present, may go into executive session for consideration of documents or testimony given in confidence, but such association shall not make final policy decisions or adopt or approve any resolution, rule, regulation, or formal action, any contract, or any action calling for the payment of money at any session which is closed to the members, consumers, and news media.
(1.5)
All meetings of a generation and transmission association are declared to be open meetings and open to the members, consumers, and news media at all times; but such association, by a two-thirds affirmative vote of the board members present, may go into executive session for consideration of documents or testimony given in confidence.
(2)
(a)
Before a board of directors convenes in executive session pursuant to subsection (1) or (1.5) of this section, the board shall announce the general topic of the executive session.
(b)
At every regular meeting of the board of directors of an association or a generation and transmission association, members of the association shall be given an opportunity to address the board on any matter concerning the policies and business of the association. The board may place reasonable, viewpoint-neutral restrictions on the amount and duration of public comment.
(c)
Written minutes shall be made of all meetings of the board of directors of an association or a generation and transmission association. The minutes shall be posted on the website of the association or generation and transmission association as soon as they have been approved and shall remain posted until at least six months after the date of the meeting. Upon request by a member of the board, that member's own vote on any issue shall be noted in the minutes.
(3)
Any action taken contrary to the provisions of this section shall be null and void and without force or effect.
(4)
As used in this section, "generation and transmission association" means a nonprofit generation and transmission electric association that provides wholesale electric service directly to Colorado cooperative electric associations that are its members.
Amended by 2021 Ch. 65,§2, eff. 9/7/2021.
L. 83: Entire article added, p. 1570, § 1, effective July 1. L. 2010: (2) amended, (HB 10-1098), ch. 2194, p. 2194, § 1, effective August 11. L. 2021: (1.5) and (4) added and (2) amended, (HB 21-1131), ch. 261, p. 261, §2, effective September 7.
2021 Ch. 65, 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 9.5 - COOPERATIVE ELECTRIC ASSOCIATIONS (§§ 40-9.5-101 — 40-9.5-301) › Part 1 - GENERALLY (§§ 40-9.5-101 — 40-9.5-118) › Section 40-9.5-108.5 - Public posting of documents

(1)
Each cooperative electric association shall post on the association's website the following information:
(a)
The association's current rates; and
(b)
The association's net metering requirements.
(2)
Each cooperative electric association shall keep and make available on request to a member of the association all financial audits of the association conducted in the last three fiscal years.
Added by 2021 Ch. 65,§3, eff. 9/7/2021.
L. 2021: Entire section added, (HB 21-1131), ch. 262, p. 262, §3, effective September 7.
2021 Ch. 65, 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 9.5 - COOPERATIVE ELECTRIC ASSOCIATIONS (§§ 40-9.5-101 — 40-9.5-301) › Part 1 - GENERALLY (§§ 40-9.5-101 — 40-9.5-118) › Section 40-9.5-109 - Regulations governing consumer complaints

The board of directors of each cooperative electric association shall adopt regulations which specify a procedure for members and consumers to register complaints about and be given an opportunity to be heard by the board on the rates charged by such association, the manner in which the electric service is provided, and proposed changes in the rates or regulations. Such regulations may be amended whenever deemed appropriate by the board.
L. 83: Entire article added, p. 1570, § 1, effective July 1. L. 85: Entire section amended, p. 1299, § 3, effective May 31. L. 93: Entire section amended, p. 2072, § 34, 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 9.5 - COOPERATIVE ELECTRIC ASSOCIATIONS (§§ 40-9.5-101 — 40-9.5-301) › Part 1 - GENERALLY (§§ 40-9.5-101 — 40-9.5-118) › Section 40-9.5-109.5 - Election policy - adoption - publication - contents

(1)
The board of directors of each cooperative electric association shall adopt a written policy governing the election of directors. The association shall post the policy on the association's website, provide notice of the policy at the time a person becomes a member, and provide a copy of the policy to a member upon request. The election policy shall contain true and complete information on the following subjects:
(a)
The procedure and timing for a member to become a candidate for the board of directors and the process by which elections for the board of directors are held;
(b)
The qualifications for candidates and requirements for appearing on the ballot;
(c)
The date of the election, which shall be fixed, posted on the association's website, and otherwise publicized no less than six months before the election;
(d)
Who is entitled to vote in an election, including how joint members may vote; and
(e)
How a member may obtain and cast a ballot.
(2)
In addition to the requirements of subsection (1) of this section, information on how to become a candidate and the schedule for elections shall be posted on the association's website and otherwise publicized based on a member's preferred method of communication no less than two months before petitions to become a candidate are due.
(3)
The deadline to return ballots shall be posted on the website at least two months before the deadline and shall remain so posted until after the election.
Amended by 2021 Ch. 65,§4, eff. 9/7/2021.
L. 2010: Entire section added, (HB 10-1098), ch. 2194, p. 2194, § 2, effective August 11. L. 2021: IP(1), (2), and (3) amended and (1)(d) and (1)(e) added, (HB 21-1131), ch. 65, p. 262, § 4, effective September 7.
2021 Ch. 65, 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 9.5 - COOPERATIVE ELECTRIC ASSOCIATIONS (§§ 40-9.5-101 — 40-9.5-301) › Part 1 - GENERALLY (§§ 40-9.5-101 — 40-9.5-118) › Section 40-9.5-109.7 - Electronic participation - meetings - elections conducted by mail or electronic means - definition

(1)
A cooperative electric association may adopt provisions in its bylaws authorizing members to participate electronically in member meetings of the association.
(2)
(a)
Notwithstanding section
7-55-110
or any other provision of law to the contrary, a cooperative electric association may adopt provisions in its bylaws authorizing members to vote electronically in an election of directors of the board or in an election on any matter requiring a vote of the membership. If authorized by its bylaws, the association may establish a secure and verifiable electronic transmission system through which a member may apply for, receive, and return a ballot in an election.
(b)
As used in this section, "secure and verifiable electronic transmission system" means a system that saves and is capable of producing the records necessary to audit the operation of the electronic transmission, including a paper record of all ballots sent and received.
(3)
Notwithstanding section
7-55-119
, a member who registers in person or electronically at any cooperative electric association meeting or who casts a vote through mail ballot or a secure electronic transmission system if authorized by the association's bylaws is considered present in person for the purpose of determining a quorum for action by the membership.
(4)
Notwithstanding any other provision of law, a cooperative electric association may adopt provisions in its bylaws allowing directors on the board of directors to participate and vote electronically in meetings of the board of directors. A meeting of the board of directors that is conducted electronically must allow members of the association an opportunity to address the board in accordance with section
40-9.5-108(2)(b)
.
Added by 2021 Ch. 65,§5, eff. 9/7/2021.
L. 2021: Entire section added, (HB 21-1131), ch. 263, p. 263, § 5, effective September 7.
2021 Ch. 65, 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 9.5 - COOPERATIVE ELECTRIC ASSOCIATIONS (§§ 40-9.5-101 — 40-9.5-301) › Part 1 - GENERALLY (§§ 40-9.5-101 — 40-9.5-118) › Section 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.
Added by 2021 Ch. 65,§7, eff. 9/7/2021.
L. 2021: Entire section added, (HB 21-1131), ch. 264, p. 264, § 7, effective September 7.
2021 Ch. 65, 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 9.5 - COOPERATIVE ELECTRIC ASSOCIATIONS (§§ 40-9.5-101 — 40-9.5-301) › Part 1 - GENERALLY (§§ 40-9.5-101 — 40-9.5-118) › Section 40-9.5-111 - Notice of meeting - agenda

(1)
Notice of the time and place of a meeting of the board of directors and a copy of the agenda for such meeting shall be posted in every service office maintained by the association at least ten days before the meeting. The agenda shall specifically designate the issues or questions to be discussed, or the actions to be taken, at the meeting. Copies of the agenda shall be available at each service office for members and consumers.
(2)
The date, time, location, and agenda of every meeting of the board of directors shall be posted on the association's website no less than ten days before the meeting in the case of regular meetings and as soon as the meeting is scheduled in the case of special meetings. If a meeting is postponed or canceled, notice of the postponement or cancellation shall immediately be posted on the website.
L. 83: Entire article added, p. 1571, § 1, effective July 1. L. 2010: Entire section amended, (HB 10-1098), ch. 424, p. 2196, §4, effective August 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 9.5 - COOPERATIVE ELECTRIC ASSOCIATIONS (§§ 40-9.5-101 — 40-9.5-301) › Part 1 - GENERALLY (§§ 40-9.5-101 — 40-9.5-118) › Section 40-9.5-112 - Provisions applicable to cooperative electric associations

(1)
Except as otherwise provided in this part 1, the provisions of article
55
of title
7
shall apply to cooperative electric associations. In the case of any irreconcilable conflict between said article 55 and this part 1, this part 1 shall control.
(2)
Notwithstanding any provision of article
55
of title
7
, a cooperative electric association may authorize joint memberships in its bylaws.
(3)
Section
40-4-105
shall apply to cooperative electric associations with respect to crossing of railroad rights-of-way.
Amended by 2021 Ch. 65,§8, eff. 9/7/2021.
L. 83: Entire article added, p. 1571, § 1, effective July 1. L. 86: Entire section amended, p. 1163, § 8, effective May 27. L. 2002: Entire section amended, p. 1948, § 4, effective June 8. L. 2010: Entire section amended, (HB 10-1098), ch. 2197, p. 2197, § 5, effective August 11. L. 2021: Entire section amended, (HB 21-1131), ch. 265, p. 265, § 8, effective September 7.
2021 Ch. 65, 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 350, 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 9.5 - COOPERATIVE ELECTRIC ASSOCIATIONS (§§ 40-9.5-101 — 40-9.5-301) › Part 1 - GENERALLY (§§ 40-9.5-101 — 40-9.5-118) › Section 40-9.5-113 - Method of reimposing public utilities commission regulation

Any cooperative electric association may vote no more than once a year to place said association under the regulation of the public utilities commission, as provided in the "Public Utilities Law", articles
1
to
7
of this title. Said question shall only be submitted to the member-consumers of the association if at least five percent of the member-consumers of the association sign a petition requesting such an election and if such signatures are gathered within a six-month period immediately preceding the submission of the petition to the association's board of directors. No petition circulated pursuant to this section shall be valid unless the petition sponsor notifies the board in writing prior to circulation for signatures. Such petition shall be submitted to, and signatures certified by, the board at a regular scheduled meeting. Such certification shall include a determination as to whether the signatures on the petition were gathered within a six-month period immediately preceding the submission of the petition to the board. After the petition has been certified by the board, the commission shall conduct an election within forty-five days on the question. If a majority of the persons voting at the election vote in favor of placing their association under commission regulation, the commission shall reassert its regulation upon determination of the election results.
L. 83: Entire article added, p. 1571, § 1, effective July 1. L. 85: Entire section amended, p. 1302, § 5, effective April 5. L. 2005: Entire section amended, p. 330, § 1, effective April 20.
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 9.5 - COOPERATIVE ELECTRIC ASSOCIATIONS (§§ 40-9.5-101 — 40-9.5-301) › Part 1 - GENERALLY (§§ 40-9.5-101 — 40-9.5-118) › Section 40-9.5-114 - Public utilities commission - fees

No cooperative electric association which has voted to exempt itself from the "Public Utilities Law", articles
1
to
7
of this title, and to be subject to the provisions of this part 1 shall be required to pay to the public utilities commission the fees imposed by the provisions of article
2
of this title; except that, for any year in which the commission is required, pursuant to section
40-9.5-105
or
40-9.5-113
, to act with respect to an exempt cooperative electric association, such exempt association shall pay to the commission actual and necessary costs not to exceed twenty-five percent of the fees that it would have been liable for under the provisions of article
2
of this title if regulated by the commission.
L. 83: Entire article added, p. 1572, § 1, effective July 1. L. 85: Entire section amended, p. 1304, § 1, effective April 30. L. 86: Entire section amended, p. 1163, § 9, effective May 27.
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 9.5 - COOPERATIVE ELECTRIC ASSOCIATIONS (§§ 40-9.5-101 — 40-9.5-301) › Part 1 - GENERALLY (§§ 40-9.5-101 — 40-9.5-118) › Section 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.
Amended by 2021 Ch. 65,§9, eff. 9/7/2021.
L. 85: Entire section added, p. 1299, § 2, effective May 31. L. 86: Entire section amended, p. 1163, § 10, effective May 27. L. 93: Entire section amended, p. 2072, § 35, effective July 1. L. 2021: Entire section amended, (HB 21-1131), ch. 265, p. 265, § 9, effective September 7.
2021 Ch. 65, 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 9.5 - COOPERATIVE ELECTRIC ASSOCIATIONS (§§ 40-9.5-101 — 40-9.5-301) › Part 1 - GENERALLY (§§ 40-9.5-101 — 40-9.5-118) › Section 40-9.5-115 - [Repealed]

L. 83: Entire article added, p. 1572, § 1, effective July 1. L. 85: Entire section repealed, p. 1303, § 6, effective April 5.
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 9.5 - COOPERATIVE ELECTRIC ASSOCIATIONS (§§ 40-9.5-101 — 40-9.5-301) › Part 1 - GENERALLY (§§ 40-9.5-101 — 40-9.5-118) › Section 40-9.5-116 - Investment in public-private transportation facilities

(1)
Notwithstanding any provision of law to the contrary, the board of directors of a cooperative electric association may consider investing in one or more of the following:
(a)
Any public-private initiative with the department of transportation, as defined in section
43-1-1201(3)
, C.R.S.;
(b)
Bonds issued for turnpikes in accordance with part 2 of article
3
of title
43
, C.R.S.;
(c)
Repealed.
(d)
Any other public-private initiative program for transportation system projects in Colorado authorized by law.
(2)
The board of directors of a cooperative electric association may give preference to the investments described in subsection (1) of this section if such investments are in the interest of the cooperative electric association's members and are consistent with sound investment policy.
L. 98: Entire section added, p. 446, § 8, effective August 5. L. 2005: (1)(c) repealed, p. 289, § 41, effective August 8.
For the legislative declaration contained in the 1998 act enacting this section, see section 1 of chapter 154, Session Laws of Colorado 1998.
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 9.5 - COOPERATIVE ELECTRIC ASSOCIATIONS (§§ 40-9.5-101 — 40-9.5-301) › Part 1 - GENERALLY (§§ 40-9.5-101 — 40-9.5-118) › Section 40-9.5-117 - Surcharge for underground conversion of facilities

The board of directors of a cooperative electric association may adopt a resolution to impose a surcharge on those consumers within the service area of the cooperative electric association who derive a direct benefit from the conversion of overhead electric and communication facilities to underground locations. Such surcharge shall be limited to costs related to the conversion of overhead electric and communication facilities to underground locations.
L. 99: Entire section added, p. 373, § 3, effective April 22.
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 9.5 - COOPERATIVE ELECTRIC ASSOCIATIONS (§§ 40-9.5-101 — 40-9.5-301) › Part 2 - SERVICE TERRITORIES WITHIN MUNICIPALITIES OWNING AND OPERATING ELECTRIC UTILITIES (§§ 40-9.5-201 — 40-9.5-207) › Section 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.
L. 86: Entire part added, p. 1159, § 1, effective May 27.
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 9.5 - COOPERATIVE ELECTRIC ASSOCIATIONS (§§ 40-9.5-101 — 40-9.5-301) › Part 2 - SERVICE TERRITORIES WITHIN MUNICIPALITIES OWNING AND OPERATING ELECTRIC UTILITIES (§§ 40-9.5-201 — 40-9.5-207) › Section 40-9.5-202 - Definitions

As used in this part 2, unless the context otherwise requires:
(1)
"Cooperative electric association" shall have the same meaning as in section
40-9.5-102
.
(2)
"Electric distribution facilities" means all or any portion of the electric lines and facilities of a cooperative electric association used or capable of being used in serving ultimate consumers, but the term does not include transmission lines, feeder lines, and substation facilities, or portions thereof, which are necessary for the integration and operation of portions of the association's electric system which are located outside a municipality or the area annexed by a municipality, nor does the term include transformers, meters, and associated metering equipment.
(3)
"Municipality" means a statutory or home rule town, city, or city and county.
L. 86: Entire part added, p. 1160, § 1, effective May 27.
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 9.5 - COOPERATIVE ELECTRIC ASSOCIATIONS (§§ 40-9.5-101 — 40-9.5-301) › Part 2 - SERVICE TERRITORIES WITHIN MUNICIPALITIES OWNING AND OPERATING ELECTRIC UTILITIES (§§ 40-9.5-201 — 40-9.5-207) › Section 40-9.5-203 - Service rights and facilities of cooperative electric associations within municipalities or within areas to be annexed by municipalities which own and operate electric utilities

(1)
Notwithstanding any provision to the contrary, if a cooperative electric association has certificated service territory within a municipality which after May 27, 1986, commences operation of its own electric utility or has certificated service territory within an area annexed after May 27, 1986, by a municipality which owns and operates an electric utility, the municipality shall pay just compensation for the electric distribution facilities of the cooperative electric association located within the territory, together with the association's certificate of public convenience and necessity constituting its rights to serve such territory.
(2)
No later than thirty days prior to final action on each annexation ordinance, the municipality shall notify the affected cooperative electric association in writing of the boundaries of the municipality or the annexed area within which certificated service territory of the association is included and shall indicate such boundaries or area on appropriate maps.
L. 86: Entire part added, p. 1160, § 1, effective May 27.
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 9.5 - COOPERATIVE ELECTRIC ASSOCIATIONS (§§ 40-9.5-101 — 40-9.5-301) › Part 2 - SERVICE TERRITORIES WITHIN MUNICIPALITIES OWNING AND OPERATING ELECTRIC UTILITIES (§§ 40-9.5-201 — 40-9.5-207) › Section 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.
L. 86: Entire part added, p. 1160, § 1, effective May 27.
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 9.5 - COOPERATIVE ELECTRIC ASSOCIATIONS (§§ 40-9.5-101 — 40-9.5-301) › Part 2 - SERVICE TERRITORIES WITHIN MUNICIPALITIES OWNING AND OPERATING ELECTRIC UTILITIES (§§ 40-9.5-201 — 40-9.5-207) › Section 40-9.5-205 - Purchase by cooperative electric association of electric distribution facilities and service rights of municipality

If any municipality changes its boundaries so as to exclude from its corporate limits any territory previously served by a cooperative electric association, such municipality shall give, within thirty days, written notice to the association of such exclusion of territory, and the cooperative electric association, within one hundred twenty days after receipt of such notice, shall purchase the municipality's electric distribution facilities and service rights within the excluded area. Section
40-9.5-204
shall apply to acquisitions by a cooperative electric association pursuant to this section.
L. 86: Entire part added, p. 1161, § 1, effective May 27.
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 9.5 - COOPERATIVE ELECTRIC ASSOCIATIONS (§§ 40-9.5-101 — 40-9.5-301) › Part 2 - SERVICE TERRITORIES WITHIN MUNICIPALITIES OWNING AND OPERATING ELECTRIC UTILITIES (§§ 40-9.5-201 — 40-9.5-207) › Section 40-9.5-206 - Provisions on purchase nonexclusive - no effect on existing contracts

(1)
Nothing contained in this part 2 shall prohibit a municipality and a cooperative electric association from buying, selling, or exchanging electric distribution facilities, service rights, and other rights, property, and assets by mutual agreement.
(2)
Nothing in this part 2 shall impair the obligations of existing contracts.
L. 86: Entire part added, p. 1161, § 1, effective May 27.
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 9.5 - COOPERATIVE ELECTRIC ASSOCIATIONS (§§ 40-9.5-101 — 40-9.5-301) › Part 2 - SERVICE TERRITORIES WITHIN MUNICIPALITIES OWNING AND OPERATING ELECTRIC UTILITIES (§§ 40-9.5-201 — 40-9.5-207) › Section 40-9.5-207 - Applicability

(1)
This part 2 shall apply to all cooperative electric associations which have electric distribution facilities, franchises, certificates of public convenience and necessity, rights-of-way, or appurtenances to facilities which are included in the boundaries of a municipality which after May 27, 1986, commences operation of its own electric utility or are included in an area annexed by a municipality which owns and operates an electric utility.
(2)
Notwithstanding any statutory provision to the contrary, the procedures in this part 2 relating to the allocation and conveyance of property and property rights of any cooperative electric association to any municipality or of any municipality to any cooperative electric association shall be exclusively available to such municipality and to such cooperative electric association.
L. 86: Entire part added, p. 1161, § 1, effective May 27.
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 9.5 - COOPERATIVE ELECTRIC ASSOCIATIONS (§§ 40-9.5-101 — 40-9.5-301) › Part 3 - [Repealed] (§ 40-9.5-301) › Section 40-9.5-301 - to 40-9.5-306 - [Repealed]

L. 2008: Entire part repealed, p. 188, § 1, effective August 5.
This part 3 was added in 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 9.7 - [Repealed] (§ 40-9.7-101) › Section 40-9.7-101 - to 40-9.7-123 - [Repealed]

L. 2012: Entire article repealed, (HB 12-1315), ch. 224, p. 984, § 55, effective July 1.
This article was added in 2007.
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 9.8 - MICROGRIDS FOR COMMUNITY RESILIENCE (§§ 40-9.8-101 — 40-9.8-104) › Section 40-9.8-101 - Short title

The short title of this article 9.8 is the "Microgrids for Community Resilience Act".
Added by 2022 Ch. 304,§1, eff. 8/10/2022.
2022 Ch. 304, 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 9.8 - MICROGRIDS FOR COMMUNITY RESILIENCE (§§ 40-9.8-101 — 40-9.8-104) › Section 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.
Added by 2022 Ch. 304,§1, eff. 8/10/2022.
2022 Ch. 304, 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 9.8 - MICROGRIDS FOR COMMUNITY RESILIENCE (§§ 40-9.8-101 — 40-9.8-104) › Section 40-9.8-103 - Definitions - rules

As used in this article 9.8, unless the context otherwise requires:
(1)
"Community anchor institution" means a:
(a)
School, as defined in section
24-37.5-902 (10)
;
(b)
Library;
(c)
Hospital or other health-care facility licensed or certified pursuant to section
25-1.5-103
;
(d)
Law enforcement, emergency medical service provider, or other public safety agency;
(e)
Government office;
(f)
Community organization facility at which services to at-risk populations such as income-eligible households, seniors, or unhoused persons are provided; or
(g)
Other critical community service facilities, as determined by the department by policy.
(2)
"Cooperative electric association" or "association" has the meaning set forth in section
40-9.5-102 (1)
.
(3)
"Department" means the department of local affairs created in section
24-1-125
.
(4)
"Distributed energy resource" means an electric generation resource, including a renewable energy resource or renewable energy storage, that is located on a property within an electric utility's service territory and that is interconnected to the electric grid.
(5)
"Division" means the division of local government created in section
24-32-103
.
(6)
"Eligible rural community" means a rural community:
(a)
That is at significant risk of experiencing severe weather or natural disaster events; and
(b)
In which one or more community anchor institutions are located.
(7)
"Energy office" means the Colorado energy office created in section
24-38.5-101
.
(8)
"Grant program" means the microgrids for community resilience grant program created in section
40-9.8-104 (1)(a)
.
(9)
"Island mode" means an electric generation system that is not connected to the electric grid and can operate independent of the grid.
(10)
"Microgrid" means a group of interconnected electric loads and distributed energy resources with clearly defined electrical boundaries that:
(a)
Functions as a single, controllable entity with respect to the electric grid; and
(b)
Can be connected to or disconnected from the electric grid to enable it to operate either in grid-connected mode or in island mode.
(11)
"Office" means the Colorado resiliency office created in section
24-32-121
.
(12)
"Renewable energy" has the meaning set forth in section
40-1-102 (11)
.
(13)
"Renewable energy storage" means an energy storage system, as defined in section
40-2-130 (2)(a)
.
(14)
"Severe weather or natural disaster events" includes, but is not limited to, snowstorms, freezes, wildfires, tornadoes, high winds, and floods.
Added by 2022 Ch. 304, § 1, eff. 8/10/2022.
2022 Ch. 304, 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) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 10 - [Repealed] (§ 40-10-101) › Section 40-10-101 - to 40-10-120 - [Repealed]

L. 2011: Entire article repealed, (HB 11-1198), ch. 127, p. 416, §2, effective August 10.
This article was numbered as article 9 of chapter 115, C.R.S. 1963.
For current provisions concerning common carriers, see article 10.1 of this title.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 10.1 - MOTOR CARRIERS (§§ 40-10.1-101 — 40-10.1-801) › Part 1 - GENERAL PROVISIONS (§§ 40-10.1-101 — 40-10.1-118) › Section 40-10.1-102 - Powers of commission

(1)
The commission has the power to and shall administer and enforce this article 10.1, including:
(a)
The right to inspect the motor vehicles, facilities, and records and documents, regardless of the format, of the motor carriers and persons involved;
(b)
The authority to administratively set the application, filing, annual operating, and other fees for motor carriers pursuant to section
40-10.1-111
; and
(c)
The authority to administratively set permit fees for each transportation network company pursuant to section
40-10.1-606 (2)
.
(2)
The Colorado state patrol has the power to monitor and enforce compliance with the certificate and permit requirements of this article and article
10.5
of this title.
Amended by 2023 Ch. 220,§ 1, eff. 5/18/2023.
L. 2011: Entire article added, (HB 11 - 11 98), ch. 127, p. 397, § 1, effective August 10. L. 2012: (2) amended, (HB 12-1019), ch. 135, p. 465, § 7, 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) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 10.1 - MOTOR CARRIERS (§§ 40-10.1-101 — 40-10.1-801) › Part 1 - GENERAL PROVISIONS (§§ 40-10.1-101 — 40-10.1-118) › Section 40-10.1-103 - Subject to control by commission

(1)
All common carriers and contract carriers are declared to be public utilities within the meaning of articles
1
to 7 of this title and are declared to be affected with a public interest and subject to this article and articles 1 to
7
of this title, including the regulation of all rates and charges pertaining to public utilities, so far as applicable, and other laws of this state not in conflict therewith.
(2)
Except as provided in subsection (1) of this section, motor carriers are not public utilities under this title, but are declared to be affected with a public interest and are subject to regulation to the extent provided in this article, in section
40-2-110.5
, in article
6
of this title, and in article
7
of this title except sections
40-7-113.5
,
40-7-116.5
, and
40-7-117
. The term "public utility", when used in articles
6
and 7 of this title, includes all motor carriers.
(3)
Transportation network companies, as defined in section
40-10.1-602(3)
, are not common carriers, contract carriers, or motor carriers under this title, but are declared to be affected with a public interest and are subject to regulation to the extent provided in part 6 of this article.
Amended by 2014 Ch. 323,§4, eff. 6/5/2014.
L. 2011: Entire article added, (HB 11-1198), ch. 127, p. 397, §1, effective August 10. L. 2014: (3) added, (SB 14-125), ch. 323, p. 1409, § 4, effective June 5.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › MOTOR CARRIERS AND INTRASTATE TELECOMMUNICATIONS SERVICES (§§ 40-10-101 — 40-17.5-105) › Article 10.1 - MOTOR CARRIERS (§§ 40-10.1-101 — 40-10.1-801) › Part 1 - GENERAL PROVISIONS (§§ 40-10.1-101 — 40-10.1-118) › Section 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.
L. 2011: Entire article added, (HB 11-1198), ch. 127, p. 398, §1, effective August 10.