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 3 - REGULATION OF RATES AND CHARGES (§§ 40-3-101 — 40-3-121) › Section 40-3-105 - Free and reduced service or transportation prohibited - exceptions

(1)
No public utility shall, directly or indirectly, issue, give, or tender any free service, ticket, frank, free pass, or other gratuity of services or any free or reduced rate transportation for passengers or property between points within this state unless a tariff so providing is first filed with and approved by the commission.
(2)
Except as otherwise provided in this section, no public utility shall charge, demand, collect, or receive a greater or lesser or different compensation for any product or commodity furnished or to be furnished, or for any service rendered or to be rendered, than the rates, tolls, rentals, and charges applicable to such product or commodity or service as specified in its schedules on file and in effect at the time, nor shall any such public utility refund or remit, directly or indirectly, in any manner or by any device, any portion of the rates, tolls, rentals, and charges so specified, nor extend to any corporation or person any form of contract or agreement or rule or regulation or any facility or privilege except those which are regularly and uniformly extended to all corporations and persons; but the commission may by rule or order establish such exceptions from the operation of this prohibition as it may consider just and reasonable as to each public utility.
(3)
(a)
Nothing in this article shall prohibit or restrict any public utility from furnishing its service, product, or commodity to, or the receiving of its service, product, or commodity by, its employees, pensioners, officers, directors, or board members at no charge or at charges less than those prescribed in the utility's published schedules or tariffs.
(b)
No revenue shall accrue or be credited in the accounts of such utility with respect to such service, product, or commodity furnished at no charge nor with respect to any amounts by which charges for such service, product, or commodity are less than those prescribed in the utility's published schedules or tariffs.
L. 13: p. 470, § 17. C.L. § 2928. L. 27: p. 249, § 1. CSA: C. 137, § 18. L. 41: p. 599, § 1. CRS 53: § 115-3-5. C.R.S. 1963: § 115-3-5. L. 69: p. 931, § 14. L. 73: p. 1143, § 1. L. 84: (2) amended, p. 1039, § 4, effective July 1. L. 2002: (2) amended, p. 1033, § 69, effective June 1.
For penalties for violations, see article 7 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) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 3 - REGULATION OF RATES AND CHARGES (§§ 40-3-101 — 40-3-121) › Section 40-3-107 - Transmission of business of other companies

Every telephone public utility operating in this state shall receive, transmit, and deliver, without discrimination or delay, the conversations and messages of every other telephone public utility with whose line a physical connection may have been made.
L. 13: p. 473, § 19. C.L. § 2930. CSA: C. 137, § 20. CRS 53: § 115-3-7. C.R.S. 1963: § 115-3-7. L. 69: p. 932, § 16. L. 2008: Entire section amended, p. 1792, § 7, effective July 1.
For fixing of joint rates, see § 40-4-104.
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 3 - REGULATION OF RATES AND CHARGES (§§ 40-3-101 — 40-3-121) › Section 40-3-107.5 - Interconnection with renewable energy cooperatives

Electric utilities shall interconnect with renewable energy cooperatives organized pursuant to section
7-56-210
, C.R.S. Every renewable energy cooperative that desires to interconnect its system with any facilities owned or operated by a public utility shall comply with applicable interconnection rules and with reasonable standards and policies related to the reliability of the public utility system. All such standards and policies, as well as all costs for the interconnection, shall be fair, reasonable, and nondiscriminatory to each renewable energy cooperative.
L. 2004: Entire section added, p. 1123, § 4, 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 3 - REGULATION OF RATES AND CHARGES (§§ 40-3-101 — 40-3-121) › Section 40-3-108 - Rates for long and short distances

No telephone public utility subject to articles
1
to
7
of this title shall charge or receive any greater compensation in the aggregate for the transmission of any long distance message or conversation for a shorter than for a longer distance over the same line or route in the same direction within this state, the shorter being included within the longer distance, or charge any greater compensation for a through service than the aggregate of the intermediate rates or tolls subject to articles
1
to
7
of this title. Upon application to the commission, a telephone public utility may be authorized by the commission to charge less for a longer than a shorter distance service for the transmission of messages or conversations in special cases, after investigation; and the commission may from time to time prescribe the extent to which such telephone public utility may be relieved from the operation and requirements of this section.
L. 13: p. 473, § 20. C.L. § 2931. CSA: C. 137, § 21. CRS 53: § 115-3-8. C.R.S. 1963: § 115-3-8. L. 69: p. 932, § 17. L. 2008: Entire section amended, p. 1793, § 8, 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 3 - REGULATION OF RATES AND CHARGES (§§ 40-3-101 — 40-3-121) › Section 40-3-109 - Street transportation public utility - transfers

Every street transportation public utility shall, upon such terms as the commission finds to be just and reasonable, furnish to its passengers transfers entitling them to one continuous trip in the same general direction over and upon the portions of its lines within the same city and county, city, or town not reached by the originating vehicle.
L. 13: p. 474, § 21. C.L. § 2932. CSA: C. 137, § 22. CRS 53: § 115-3-9. C.R.S. 1963: § 115-3-9. L. 69: p. 933, § 18.
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 3 - REGULATION OF RATES AND CHARGES (§§ 40-3-101 — 40-3-121) › Section 40-3-110 - Information furnished commission - reports

(1)
Every public utility shall furnish to the commission, at such time and in such form as the commission may require, one or more reports in which the utility shall specifically answer all questions propounded by the commission upon or concerning which the commission may desire information. All reports must be made under oath or affirmation.
(2)
The commission may require a public utility to file monthly reports of earnings and expenses and to file periodic or special reports, or both periodic and special reports, concerning any matter about which the commission is authorized by articles
1
to
7
of this title 40 or in any other law to inquire or to keep itself informed or which it is required to enforce.
(3)
The commission shall require every public utility that reports information on disconnections and delinquencies pursuant to section
40-3-103.6(1)(i)
to also file an annual narrative containing the utility's analysis of any trends or inconsistencies revealed by the data.
Amended by 2020 Ch. 148,§4, eff. 6/29/2020.
L. 13: p. 474, § 22. C.L. § 2933. CSA: C. 137, § 23. CRS 53: § 115-3-10. C.R.S. 1963: § 115-3-10. L. 2020: Entire section amended, (SB 20-030), ch. 639, p. 639, § 4, effective June 29.
For duty of common carriers to report accidents, see §40-9-108.
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 3 - REGULATION OF RATES AND CHARGES (§§ 40-3-101 — 40-3-121) › Section 40-3-112 - Commission to provide local government with avoided cost information

(1)
The general assembly hereby finds that it is in the interest of the people of this state to promote the production of energy and the disposal of solid waste in a manner designed to protect the environment; therefore, the general assembly hereby declares that it is the policy of this state to promote the development of systems which generate energy through the burning of solid waste in a manner designed to insure the maintenance of clean air standards.
(2)
Prior to the construction of a solid waste-to-energy incineration facility, any unit of local government contemplating construction of such a facility may, by written request, require the commission to calculate the avoided cost to a specified electric utility for the purchase of energy and capacity by said utility from said contemplated facility. Pursuant to such request the utility shall provide the commission with all data necessary to calculate said cost.
(3)
As used in this section, "solid waste-to-energy incineration facility" means a facility where flammable waste material is used as a primary fuel for the production of electrical power the total output of which exceeds one hundred kilowatts.
L. 83: Entire section added, p. 1556, § 1, effective June 1.
For the authority of counties and municipalities relating to solid waste-to-energy incineration systems, see part 9 of article 20 of title 30 and part 10 of article 15 of title 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 3 - REGULATION OF RATES AND CHARGES (§§ 40-3-101 — 40-3-121) › Section 40-3-113 - [Repealed]

L. 84: Entire section added, p. 1040, § 6, effective July 1. L. 2000: Entire section repealed, p. 217, § 4, effective March 29.
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 3 - REGULATION OF RATES AND CHARGES (§§ 40-3-101 — 40-3-121) › Section 40-3-115 - Recovery of utility relocation costs

(1)
As used in this section, unless the context otherwise requires:
(a)
"Political subdivision" means a county, city and county, city, town, home rule city, home rule town, service authority, school district, local improvement district, law enforcement authority, water, sanitation, fire protection, metropolitan, irrigation, drainage, or other special district, or any other kind of municipal, quasi-municipal, or public organization organized pursuant to law.
(b)
"State" means the state government, any state agency, state department, state institution, or state-level authority.
(2)
(a)
Notwithstanding the provisions of section
40-15-502(3)(b)(I) to (3)(b)(V)
, local exchange providers of basic local exchange service subject to regulation pursuant to part 2, part 3, or part 5 of article
15
of this title may request authorization from the commission to recover the actual costs incurred for the relocation of infrastructure or facilities requested by the state or a political subdivision. Actual costs are the nonfacility costs incurred in the relocation plus the undepreciated amount of the facilities being replaced. Recovery of actual costs incurred for relocation is intended for those state and political subdivision requests that are determined by the commission to be beyond the normal course of business.
(b)
The commission shall verify the actual costs that may be recovered, determine the allocation of costs to various customers and services, and prescribe the method of such recovery. In no event shall the period of recovery of the relocation costs exceed three years.
(c)
In determining the allocation of the costs to be recovered, the commission shall consider the jurisdiction requiring the relocation and the geographic area that most directly benefits from the required relocation to determine the customers or services that will bear the costs.
L. 2003: Entire section added, p. 2640, § 1, effective August 6.
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 3 - REGULATION OF RATES AND CHARGES (§§ 40-3-101 — 40-3-121) › Section 40-3-116 - Electric vehicle programs - rates

(1)
The rates and charges schedule for services provided by a program created under section
40-5-107
may allow:
(a)
A return on any investment made under section
40-5-107
by an electric public utility at the electric public utility's weighted average cost of capital, including the most recent rate of return on equity, approved by the commission, including by allowing a utility to earn a rate of return on rebates provided to customers through a transportation electrification program;
(b)
Rate recovery mechanisms that allow earlier, as determined by the commission, recovery of costs, including the use of rate adjustment clauses; and
(c)
Performance-based incentive returns or similar investment incentives.
(2)
By May 15, 2020, an electric public utility shall submit to the commission a proposal for a specific rate or rates for electricity supplied to commercial and industrial facilities used to charge electric vehicles that encourage vehicle charging and that support the operation of the electric grid.
Added by 2019 Ch. 383,§ 3, eff. 5/31/2019.
L. 2019: Entire section added, (SB 19-077), ch. 3434, p. 3434, § 3, effective May 31.
For the legislative declaration in SB 19-077, see section 1 of chapter 383, Session Laws of Colorado 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 3 - REGULATION OF RATES AND CHARGES (§§ 40-3-101 — 40-3-121) › Section 40-3-117 - [Repealed]

Added by 2019 Ch. 359,§11, eff. 5/30/2019.
L. 2019: Entire section added, (SB 19-236), ch. 3306, p. 3306, § 11, effective May 30.
Subsection (3) provided for the repeal of this section, effective September 1, 2021. (See L. 2019, p. 3306.)
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 3 - REGULATION OF RATES AND CHARGES (§§ 40-3-101 — 40-3-121) › Section 40-3-118 - [Repealed]

Added by 2019 Ch. 359,§11, eff. 5/30/2019.
L. 2019: Entire section added, (SB 19-236), ch. 3306, p. 3306, § 11, effective May 30.
Subsection (3) provided for the repeal of this section, effective September 1, 2021. (See L. 2019, p. 3306.)
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 3 - REGULATION OF RATES AND CHARGES (§§ 40-3-101 — 40-3-121) › Section 40-3-119 - Measurement of use for billing - rules

After January 1, 2023, an investor-owned gas utility, at its discretion, may apply to the commission for approval to measure the amount of use for billing purposes in either fuel commodity units or for energy services provided. Upon receipt of the utility's application, the commission shall approve, deny, or modify the utility's application for measurement of use for billing purposes pursuant to this section.
Added by 2022 Ch. 333,§5, eff. 8/10/2022.
2022 Ch. 333, 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 3 - REGULATION OF RATES AND CHARGES (§§ 40-3-101 — 40-3-121) › Section 40-3-121 - Natural gas cost causation study - commission proceeding - reporting - repeal

(1)
(a)
Within sixty days after the commission issues a final, nonappealable decision regarding the first clean heat plan filed pursuant to section
40-3.2-108
by a natural gas utility that serves more than five hundred thousand customers, the commission shall open a proceeding to investigate whether and how residential development and other development in certain geographic areas drive natural gas infrastructure costs for any natural gas utility that serves more than five hundred thousand customers in the state, particularly with regard to the impact that the development has on nonparticipating income-qualified customers.
(b)
The proceeding must identify specific, new large natural gas infrastructure investments and, for each investment identified, determine the extent to which new residential development or other development by a geographic area is disproportionately necessitating that investment.
(c)
The proceeding must include a calculation of the benefits and costs of the growth in new residential development and other development to both the natural gas utility customers for whom the infrastructure investment is being made and nonparticipating retail and wholesale natural gas utility customers, particularly those nonparticipating customers who are income-qualified customers.
(2)
After completion of the investigation, the commission shall hold a hearing in the investigatory proceeding, at which the commission shall consider the information gathered in the investigation and public comments with respect to a natural gas utility that serves more than five hundred thousand customers in the state, to:
(a)
Determine whether alternative infrastructure, service investments, or other utility actions could mitigate impacts on nonparticipating or income-qualified customers in a manner that is necessary, is appropriate, and could help reduce greenhouse gas emissions in alignment with the "Colorado Greenhouse Gas Pollution Reduction Roadmap", published by the Colorado energy office; and
(b)
Identify the up-front and service life annualized costs and benefits of the alternatives identified in subsection (2)(a) of this section.
(3)
This section is repealed, effective September 1, 2025.
Added by 2023 Ch. 163,§ 4, eff. 8/7/2023.
2023 Ch. 163, 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 3.2 - AIR QUALITY IMPROVEMENT COSTS (§§ 40-3.2-101 — 40-3.2-210) › Part 1 - GENERAL PROVISIONS (§§ 40-3.2-101 — 40-3.2-110) › Section 40-3.2-101 - Legislative declaration

The general assembly hereby finds, determines, and declares that cost-effective natural gas and electricity demand-side management programs will save money for consumers and utilities and protect Colorado's environment. The general assembly further finds, determines, and declares that providing funding mechanisms to encourage Colorado's public utilities to reduce emissions or air pollutants and to increase energy efficiency are matters of statewide concern and that the public interest is served by providing such funding mechanisms. Such efforts will result in an improvement in the quality of life and health of Colorado citizens and an increase in the attractiveness of Colorado as a place to live and conduct business.
L. 98: Entire article added, p. 1050, § 3, effective July 1. L. 2007: Entire section amended, p. 984, § 2, effective May 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 3.2 - AIR QUALITY IMPROVEMENT COSTS (§§ 40-3.2-101 — 40-3.2-210) › Part 1 - GENERAL PROVISIONS (§§ 40-3.2-101 — 40-3.2-110) › Section 40-3.2-104.3 - Eliminating incentives for gas service to properties - gas line extension allowances - exemptions - definitions

(1)
As used in this section, unless the context otherwise requires:
(a)
"Applicant" means a person that requests natural gas service and that owns the real property requiring the service. "Applicant" includes a developer, builder, legal entity, or other person that has legal authority over the property.
(b)
"Dual-fuel utility" means a utility that offers its customers both electric and gas service.
(c)
"Gas utility" means a gas utility that the commission regulates with respect to rates and charges.
(d)
"Line extension allowance" means a bundle of costs that includes construction allowances for new service lines, meters, and other infrastructure associated with the addition of a new customer to a gas utility's distribution system.
(2)
(a)
A gas utility shall not provide an applicant an incentive, including a line extension allowance, to establish gas service to a property.
(b)
The commission may require a dual-fuel utility to provide its customers that receive gas and electric service from the utility with relevant information regarding options for switching to high-efficiency electric space heating or water heating, including:
(I)
A list of appliances for which the utility provides incentives or rebates; and
(II)
For existing or prospective customers that are government entities, a cost-benefit analysis of electrification options that includes up-front and lifetime costs, which analysis must take into account available incentives and rebates and use a reasonable cost that reflects gas price volatility.
(c)
On or before December 31, 2023, each gas utility shall file with the commission an updated tariff to reflect the removal of any incentives for an applicant to establish gas service to a property.
(d)
Notwithstanding subsection (2)(c) of this section, a utility may exempt from the updated tariff any applicant that:
(I)
Has already submitted an application that has been approved or is pending as of August 7, 2023;
(II)
Can demonstrate or attest that the applicant has submitted a permit application to the local government with permitting authority in the location of the property and that the application is either approved or pending as of August 7, 2023; or
(III)
Can demonstrate or attest that the applicant has submitted to a local government a site development plan or plat that is either approved or pending as of August 7, 2023; except that an applicant that has submitted a site development plan or plat for which a permit application to the local government has not been approved on or before December 31, 2024, is not exempt.
Added by 2023 Ch. 163,§ 5, eff. 8/7/2023.
2023 Ch. 163, 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 3.2 - AIR QUALITY IMPROVEMENT COSTS (§§ 40-3.2-101 — 40-3.2-210) › Part 1 - GENERAL PROVISIONS (§§ 40-3.2-101 — 40-3.2-110) › Section 40-3.2-104.5 - Customer disconnection from investor-owned gas utility service - rules

(1)
An investor-owned gas utility shall not penalize or charge a fee to a customer that voluntarily terminates gas service. Once a customer has terminated the investor-owned utility's gas service, the utility shall not continue to charge the customer any fees. Any costs associated with termination shall be considered part of general distribution system investments and are eligible for cost recovery.
(2)
The commission may adopt rules to establish standards for a customer's voluntary disconnection from an investor-owned gas utility's gas distribution system. If the commission adopts the disconnection rules, the commission must consider:
(a)
The health and safety risks related to the customer no longer using the gas distribution system;
(b)
The cost effectiveness of the method of disconnection;
(c)
The use of, or requiring the installation of, shut-off valves or pipeline caps as an option in lieu of potentially more cost-prohibitive excavation or construction activities to remove existing gas infrastructure;
(d)
The impact on staffing, including any requirements and procedures for utility employees and contract workers;
(e)
The impact on critical repairs, scheduled maintenance, leak mitigation, and other related activities; and
(f)
Any other consideration that the commission deems appropriate.
(3)
Nothing in this section shall be construed to mean that a utility cannot charge an individual customer for excavation or construction activities to remove existing gas infrastructure if the customer has declined the more cost-effective methods to disconnect service.
Added by 2023 Ch. 163,§ 5, eff. 8/7/2023.
2023 Ch. 163, 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 3.2 - AIR QUALITY IMPROVEMENT COSTS (§§ 40-3.2-101 — 40-3.2-210) › Part 1 - GENERAL PROVISIONS (§§ 40-3.2-101 — 40-3.2-110) › Section 40-3.2-104.6 - Commission study on beneficial electrification - repeal

(1)
On or before January 1, 2024, the commission shall conduct a study to be completed no later than March 15, 2024, examining existing investor-owned electric utility tariffs and interconnection policies and practices to determine:
(a)
If the tariffs, policies, and practices pose a barrier to the beneficial electrification of transportation and buildings and the offsetting of that energy use with distributed energy resources;
(b)
If the application of traditional cost-causation and cost-recovery principles pose a barrier to such beneficial electrification and the offsetting of that energy use with distributed energy resources; and
(c)
Whether requiring a customer that seeks to interconnect distributed energy resources or beneficial electrification resources to the investor-owned electric utility's electric grid to bear the full incremental cost of transformer or service upgrades needed at the time of interconnection imposes an undue burden on the customer, with consideration given to methods for sharing the cost recovery among customers.
(2)
In conducting the study pursuant to subsection (1) of this section, the commission shall consider whether to direct an investor-owned electric utility to make changes:
(a)
To its tariffs, policies, practices, or cost allocation;
(b)
In the allocation of distribution system costs, including the costs of transformer, substation, or service upgrades as part of the utility's investment in its distribution system; and
(c)
To its distribution system planning process to better plan for and accommodate future beneficial electrification and distributed energy resource investments to align with the state's greenhouse gas emission reduction goals set forth in section
25-7-102 (2)(g)
.
(3)
Upon completion of the study, the commission shall post written findings and conclusions from the study on the commission's website.
(4)
This section is repealed, effective September 1, 2025.
Added by 2023 Ch. 163,§ 5, eff. 8/7/2023.
2023 Ch. 163, 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 3.2 - AIR QUALITY IMPROVEMENT COSTS (§§ 40-3.2-101 — 40-3.2-210) › Part 1 - GENERAL PROVISIONS (§§ 40-3.2-101 — 40-3.2-110) › Section 40-3.2-105 - [Repealed]

Repealed by 2017 Ch. 4,§6, eff. 8/9/2017.
L. 2007: Entire section added, p. 984, § 3, effective May 22. L. 2017: Entire section repealed, (SB 17-044), ch. 4, p. 8, § 6, effective August 9.
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 3.2 - AIR QUALITY IMPROVEMENT COSTS (§§ 40-3.2-101 — 40-3.2-210) › Part 1 - GENERAL PROVISIONS (§§ 40-3.2-101 — 40-3.2-110) › Section 40-3.2-110 - Requirements related to heat pumps - definitions

(1)
As used in this section, unless the context otherwise requires, "heat pump" means an electrically powered device that uses the refrigeration cycle to transfer thermal energy from one location to another.
(2)
On or before August 1, 2027, an investor-owned utility that provides electric or thermal energy shall, within a general rate case request, submit to the commission a proposal for a voluntary rate or rates for energy supplied to residential customers who utilize a heat pump as their primary heating source, which voluntary rate or rates:
(a)
May be new rates, new or existing riders, or incorporated into an existing time-of-use rate;
(b)
If cost-justified, are designed to lower the average monthly energy bill of residential customers who utilize a heat pump as their primary heating source; and
(c)
Avoid cross-subsidies from other customers.
Added by 2024 Ch. 191,§ 23, eff. 5/17/2024.
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 3.2 - AIR QUALITY IMPROVEMENT COSTS (§§ 40-3.2-101 — 40-3.2-210) › Part 2 - COORDINATED UTILITY PLAN TO REDUCE AIR EMISSIONS (§§ 40-3.2-201 — 40-3.2-210) › Section 40-3.2-201 - Short title

This part 2 shall be known and may be cited as the "Clean Air - Clean Jobs Act".
L. 2010: Entire part added, (HB 10-1365), ch. 140, p. 466, §1, effective April 19.
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 3.2 - AIR QUALITY IMPROVEMENT COSTS (§§ 40-3.2-101 — 40-3.2-210) › Part 2 - COORDINATED UTILITY PLAN TO REDUCE AIR EMISSIONS (§§ 40-3.2-201 — 40-3.2-210) › Section 40-3.2-202 - Legislative declaration

(1)
The general assembly hereby finds, determines, and declares that the federal "Clean Air Act",
42 U.S.C. sec. 7401
et seq., will likely require reductions in emissions from coal-fired power plants operated by rate-regulated utilities in Colorado. A coordinated plan of emission reductions from these coal-fired power plants will enable Colorado rate-regulated utilities to meet the requirements of the federal act and protect public health and the environment at a lower cost than a piecemeal approach. A coordinated plan of reduction of emissions for Colorado's rate-regulated utilities will also result in reductions in many air pollutants and promote the use of natural gas and other low-emitting resources to meet Colorado's electricity needs, which will in turn promote development of Colorado's economy and industry.
(2)
The general assembly further finds that the use of natural gas to reduce coal-fired emissions may require rate-regulated utilities to enter into long-term contracts for natural gas in a manner that protects electricity consumers. Even though such long-term contracts might be beneficial to consumers, financial rating agencies could find that such long-term contracts increase the financial risk to rate-regulated utilities, which in turn could increase the cost of capital to these utilities. The general assembly finds that it is important to give financial markets confidence that utilities will be able to recover the costs of long-term gas contracts without the risk of future regulators disallowing contracts.
(3)
The general assembly further finds and declares that Colorado rate-regulated utilities require timely and forward-looking reviews of their costs of providing utility service in order to undertake the comprehensive and extensive planning and changes to their business operations contemplated by this part 2. In order to allow these utilities to continue to provide reliable electric service, alter their operations in the manner described by this part 2, and meet other state public policy goals, it is imperative that Colorado rate-regulated utilities continue in sound financial condition and remain attractive investments so that sufficient capital is provided to achieve the state's goals. To that end, the general assembly finds that the commission should have additional tools and more flexibility in its regulatory authority to ensure the continued financial health of these utilities. The general assembly also finds and declares that the actions provided for in this part 2 be implemented in a manner to address the sound economic, health, and environmental conditions of energy producing communities.
L. 2010: Entire part added, (HB 10-1365), ch. 140, p. 466, §1, effective April 19.
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 3.2 - AIR QUALITY IMPROVEMENT COSTS (§§ 40-3.2-101 — 40-3.2-210) › Part 2 - COORDINATED UTILITY PLAN TO REDUCE AIR EMISSIONS (§§ 40-3.2-201 — 40-3.2-210) › Section 40-3.2-203 - Definitions

As used in this part 2, unless the context otherwise requires:
(1)
"Air quality control commission" means the commission created in section
25-7-104
, C.R.S.
(2)
"Department" means the department of public health and environment.
(3)
"Federal act" means the federal "Clean Air Act",
42 U.S.C. sec. 7401
et seq., as amended.
(4)
"State act" means the "Colorado Air Pollution Prevention and Control Act", article
7
of title
25
, C.R.S.
(5)
"State implementation plan" means the plan required by and described in section 110 (a) and other provisions of the federal act.
L. 2010: Entire part added, (HB 10-1365), ch. 140, p. 467, §1, effective April 19.
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 3.2 - AIR QUALITY IMPROVEMENT COSTS (§§ 40-3.2-101 — 40-3.2-210) › Part 2 - COORDINATED UTILITY PLAN TO REDUCE AIR EMISSIONS (§§ 40-3.2-201 — 40-3.2-210) › Section 40-3.2-205 - Review - approval

(1)
In evaluating the plan, the commission shall consider the following factors:
(a)
Whether the department reports that the plan is likely to achieve at least a seventy to eighty percent reduction, or greater, in annual emissions of oxides of nitrogen as necessary to comply with current and reasonably foreseeable requirements of the federal act and the state act. The reduction in emissions under this paragraph (a) shall be measured from 2008 levels at coal-fired power plants identified in the plan. In determining the reduction in emissions under this paragraph (a), the department shall include:
(I)
Emissions from coal-fired power plants identified in the plan and continuing to operate after retrofit with emission control equipment; and
(II)
Emissions from any facilities constructed to replace any retired coal-fired power plants identified in the plan.
(b)
Whether the department has made the determination under section
40-3.2-204(2)(b)(III)
;
(c)
The degree to which the plan will result in reductions in other air pollutant emissions;
(d)
The degree to which the plan will increase utilization of existing natural gas-fired generating capacity;
(e)
The degree to which the plan enhances the ability of the utility to meet state or federal clean energy requirements, relies on energy efficiency, or relies on other low-emitting resources;
(f)
Whether the plan promotes Colorado economic development;
(g)
Whether the plan preserves reliable electric service for Colorado consumers;
(h)
Whether the plan is likely to help protect Colorado customers from future cost increases, including costs associated with reasonably foreseeable emission reduction requirements; and
(i)
Whether the cost of the plan results in reasonable rate impacts. In evaluating the rate impacts of the plan, the commission shall examine the impact of the rates on low-income customers.
(2)
The commission shall review the plan and enter an order approving, denying, or modifying the plan by December 15, 2010. Any modifications required by the commission shall result in a plan that the department determines is likely to meet current and reasonably foreseeable federal and state act requirements.
(3)
All actions taken by the utility in furtherance of, and in compliance with, an approved plan are presumed to be prudent actions, the costs of which are recoverable in rates as provided in section
40-3.2-207
.
(4)
If the utility disagrees with the commission's modifications to its proposed plan with respect to resource selection, the utility may withdraw its application.
L. 2010: Entire part added, (HB 10-1365), ch. 140, p. 469, §1, effective April 19.
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 3.2 - AIR QUALITY IMPROVEMENT COSTS (§§ 40-3.2-101 — 40-3.2-210) › Part 2 - COORDINATED UTILITY PLAN TO REDUCE AIR EMISSIONS (§§ 40-3.2-201 — 40-3.2-210) › Section 40-3.2-208 - Air quality planning

(1)
The air quality provisions of the emission reduction plan filed under this part 2 are intended to fulfill the requirements of the state and federal acts and shall be proposed by the department to the air quality control commission after the utility files the plan with the commission to be considered for incorporation into the regional haze element of the state implementation plan.
(2)
(a)
Upon the utility's filing of the utility plan with the commission pursuant to section
40-3.2-204
, the air quality control commission, in response to the proposal by the department, shall initiate a proceeding to incorporate the air quality provisions of the utility plan into the regional haze element of the state implementation plan. Except as set forth in this subsection (2), the air quality control commission shall not act on the utility plan or the provisions of the regional haze element of the state implementation plan that would establish controls for those units covered by the utility plan until after the commission's approval of the utility plan.
(b)
The air quality control commission shall vacate the entire proceeding related to the utility plan and shall initiate a new proceeding for the consideration of alternative proposals for the appropriate controls for those units covered by the utility plan for inclusion in the regional haze element of the state implementation plan if:
(I)
The commission does not approve the utility plan by December 15, 2010;
(II)
The utility withdraws its application pursuant to section
40-3.2-205(4)
; or
(III)
The air quality control commission rejects any portion of the utility plan as approved by the commission.
(c)
The air quality control commission shall conduct the proceedings specified in this subsection (2) after public notice and an opportunity for the public to participate in accordance with the air quality control commission's procedures.
(3)
If the final approved provisions of the state implementation plan are not consistent with the air quality provisions of the utility plan, the utility may file a revised utility plan with the commission that modifies the original plan to be consistent with the final approved state implementation plan. The revised utility plan is subject to all of the review and cost recovery provisions contained in this part 2. Notwithstanding any revision required to the utility plan, the utility is entitled to fully recover any costs it prudently incurred or contracted to incur under the originally approved plan prior to the plan's revision and any costs incurred as a result of any enforceable state implementation plan or other air quality requirements.
L. 2010: Entire part added, (HB 10-1365), ch. 140, p. 474, §1, effective April 19.
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 3.2 - AIR QUALITY IMPROVEMENT COSTS (§§ 40-3.2-101 — 40-3.2-210) › Part 2 - COORDINATED UTILITY PLAN TO REDUCE AIR EMISSIONS (§§ 40-3.2-201 — 40-3.2-210) › Section 40-3.2-209 - Early reductions

Reductions in emissions achieved pursuant to this part 2 through a compliance strategy before such reductions are mandated under federal law are voluntary for purposes of determining early reduction credits under federal law.
L. 2010: Entire part added, (HB 10-1365), ch. 140, p. 475, §1, effective April 19.
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 3.2 - AIR QUALITY IMPROVEMENT COSTS (§§ 40-3.2-101 — 40-3.2-210) › Part 2 - COORDINATED UTILITY PLAN TO REDUCE AIR EMISSIONS (§§ 40-3.2-201 — 40-3.2-210) › Section 40-3.2-210 - Exemption from limits on voluntary emission reductions

The limits on utility expenditures on voluntary emission reductions in section
40-3.2-102
do not apply to utility expenditures under a plan approved by the commission under this part 2.
L. 2010: Entire part added, (HB 10-1365), ch. 140, p. 475, §1, effective April 19.
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 3.4 - [Repealed] (§ 40-3.4-101) › Section 40-3.4-101 - to 40-3.4-111 - [Repealed]

Article repealed by 2013 Ch. 89,§1, eff. 4/1/2013.
This article was added in 1986.
For the wind up of the low-income telephone assistance fund and the satisfying of obligations, see section 5 of chapter 89, Session Laws of Colorado 2013.
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 3.5 - REGULATION OF RATES AND CHARGES BY MUNICIPAL UTILITIES (§§ 40-3.5-101 — 40-3.5-107) › Section 40-3.5-101 - Application - reasonable charges - adequate service

(1)
This article shall be applicable within the authorized electric and natural gas service areas of each municipal utility that lie outside the jurisdictional limits of such municipality. Insofar as municipal utilities establish rates, charges, and tariffs and any regulations pertaining thereto in accordance with the provisions of this article, the provisions of section
40-1-104
and articles
4
,
6
, and
7
of this title shall not apply; except that section
40-4-105
shall apply with respect to the crossing of railroad rights-of-way. Nothing in this article shall be construed as limiting the applicability of article
5
of this title.
(2)
All charges made, demanded, or received by any municipal utility for any rate, product, or commodity furnished or to be furnished or any service rendered or to be rendered shall be just, reasonable, and sufficient.
(3)
Every municipal utility shall furnish, provide, and maintain such service, instrumentalities, equipment, and facilities as shall promote the safety, health, comfort, and convenience of its patrons, its employees, and the public, and as shall in all respects be adequate, efficient, just, and reasonable.
(4)
For the purposes of this article, "municipal utility" means a municipal natural gas or electric utility.
L. 83: Entire article added, p. 1553, § 2, effective June 17. L. 2002: (1) amended, p. 1947, § 3, effective June 8.
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 3.5 - REGULATION OF RATES AND CHARGES BY MUNICIPAL UTILITIES (§§ 40-3.5-101 — 40-3.5-107) › Section 40-3.5-102 - Regulation of rates

The power and authority is hereby vested in the governing body of each municipal utility and it is hereby made the duty of each such governing body to adopt all necessary rates, charges, and regulations to govern and regulate all rates, charges, and tariffs of its municipal utility within its authorized electric and natural gas service areas which lie outside the jurisdictional limits of the municipality. No rate, charge, tariff, or voluntary plan approved pursuant to section
40-2-122
shall unjustly discriminate between or among those customers or recipients of any commodity, service, or product of the municipal utility within the authorized service area. In the event that any rate, charge, tariff, or voluntary plan established within the authorized service area which lies outside the jurisdictional limits of the municipality varies from the rate, charge, tariff, or voluntary plan established for the same class of customers or recipients of any such service within the authorized service area which lies inside the jurisdictional limits of the municipality, such rate, charge, tariff, or voluntary plan shall not become effective until reviewed and approved by the commission. Such review and approval shall be in accordance with the provisions of article
3
of this title; except that in no event shall the commission modify or establish such rate, charge, or tariff to an amount lower than that established by the municipality, or approve a voluntary plan that differs from the voluntary plan, for the same class of customers or recipients of any utility service within the authorized service area which lies inside the jurisdictional limits of the municipality.
L. 83: Entire article added, p. 1553, § 2, effective June 17. L. 99: Entire section amended, p. 964, § 2, effective August 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 3.5 - REGULATION OF RATES AND CHARGES BY MUNICIPAL UTILITIES (§§ 40-3.5-101 — 40-3.5-107) › Section 40-3.5-103 - Rate schedules

Municipal utilities shall print and keep open for public inspection schedules showing all rates and charges collected or enforced, or to be collected or enforced, together with all rules, regulations, contracts, privileges, and facilities which in any manner affect or relate to rates and service within the authorized electric and natural gas service areas of the municipal utility which lie outside the jurisdictional limits of the municipality.
L. 83: Entire article added, p. 1553, § 2, effective June 17.
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 3.5 - REGULATION OF RATES AND CHARGES BY MUNICIPAL UTILITIES (§§ 40-3.5-101 — 40-3.5-107) › Section 40-3.5-105 - Free and reduced service prohibited - exceptions

Except as otherwise provided in this section, no municipal utility shall charge, demand, collect, or receive a greater or lesser or different compensation for any product or commodity furnished or to be furnished, or for any service rendered or to be rendered, than the rates and charges applicable to such product, commodity, or service as specified in its schedules on file and in effect at the time, nor shall any such municipal utility refund or remit, directly or indirectly or in any manner or by any device, any portion of the rates and charges so specified nor extend to any corporation or person any form of contract or agreement or rule or regulation or any facility or privilege except one which is regularly and uniformly extended to all corporations and persons. The governing body of the municipal utility may by rule or order establish such exceptions from the operation of this prohibition as it may consider just and reasonable.
L. 83: Entire article added, p. 1555, § 2, effective June 17.