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 2 - PUBLIC UTILITIES COMMISSION - RENEWABLE ENERGY STANDARD (§§ 40-2-101 — 40-2-203) › Part 1 - GENERAL AND ADMINISTRATIVE PROVISIONS (§§ 40-2-101 — 40-2-139) › Section 40-2-135 - Retail distributed generation - customers' rights - rules - penalties

(1)
A retail electric utility customer is entitled to generate, consume, store, and export electricity produced from eligible energy resources to the electric grid through the use of customer-sited retail distributed generation, as defined in section
40-2-124 (1)(a)(VIII)
, subject to reliability standards, interconnection rules, and procedures, as determined by the commission.
(2)
(a)
A retail electric utility violates this section if the utility fails to provide reasonable, good faith, and timely service to an interconnection customer, and such violation may result in commission action, including the assessment of monetary fines against the retail electric utility. If a retail electric utility fails to provide timely service and adhere to timelines that the commission establishes as part of the commission's interconnection rules, the retail electric utility may be subject to penalties of up to two thousand dollars per day for each day that the violation occurred.
(b)
The commission shall adopt rules to annually adjust the penalty amount set forth in subsection (2)(a) of this section based on the annual percentage change in the United States department of labor's bureau of labor statistics consumer price index for the Denver-Aurora-Lakewood area for all items paid by all urban consumers, or its successor index.
(c)
(I)
For a retail distributed generation resource that is twenty-five kilowatts or less, a public utility shall provide an interconnection customer an executed interconnection agreement no more than thirty business days after receiving payment of an interconnection fee from the interconnection customer.
(II)
Following the construction of a retail distributed generation resource, a public utility must provide interconnection of the customer's retail distributed generation resource no more than thirty business days after the interconnection customer submits to the public utility a certificate of completion.
(III)
If the sum of a public utility's compliance with the times set forth in this subsection (2)(c) exceeds sixty days, the public utility may be subject to penalties consistent with this subsection (2).
(d)
A public utility is not subject to penalties under this subsection (2) if the public utility can demonstrate that:
(I)
The interconnection customer failed to timely remedy any material defects in the completion of the interconnection customer's application for interconnection and the public utility identified the defects during its review of the application;
(II)
The retail distributed generation resource cannot be safely interconnected to the public utility's system in a manner consistent with the commission's interconnection rules; or
(III)
Other extenuating circumstances caused a delay in interconnection.
(3)
(a)
An interconnection customer may file a complaint with the commission in accordance with section
40-6-108
alleging that a public utility has violated subsection (2) of this section.
(b)
In considering a complaint filed pursuant to this subsection (3), the commission may order the public utility to refund interconnection study fees charged to the interconnection customer. If a public utility is ordered to refund such interconnection study fees, such refund is not an expense that the public utility may recover from its ratepayers.
(4)
The commission shall only assess the penalties set forth in subsection (2)(a) of this section against a public utility if:
(a)
An interconnection customer or commission staff has filed, and the commission has adjudicated, a complaint pursuant to section
40-6-108
; and
(b)
The public utility has a tariff on file with the commission that provides incentives and penalties to provide interconnection service and the public utility has exceeded the timelines established in the tariff filing.
(5)
In jurisdictions that allow interconnection without a public utility present, an interconnection customer may install all necessary metering equipment and energize the system following installation if:
(a)
The interconnection customer has an interconnection agreement with a public utility and a certificate of completion from a local government's building code enforcement authority; and
(b)
The installation and energizing work is overseen by a licensed master electrician.
(6)
A public utility may recover its prudently incurred costs to facilitate a timely interconnection, which costs may include the cost of equipment that the public utility procures for future upgrades needed to interconnect retail distributed generation resources. A public utility may recover the costs of any such equipment inventory as capital work in progress if the inventory is projected to be used within five years of its procurement and with a return at the most recently authorized weighted average cost of capital.
Amended by 2023 Ch. 165,§ 18, eff. 8/7/2023.
Added by 2019 Ch. 359, § 9, eff. 5/30/2019.
L. 2019: Entire section added, (SB 19-236), ch. 3304, p. 3304, § 9, effective May 30.
Section 31 of chapter 359 (SB 19-236), Session Laws of Colorado 2019, provides that the act adding this section applies to conduct, including power purchase agreements entered into and utility rate-based property development, occurring on or after May 30, 2019.
2023 Ch. 165, was passed without a safety clause. See Colo. Const. art. V, § 1(3).