2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 6.5 - OFFICE OF THE UTILITY CONSUMER ADVOCATE (§§ 40-6.5-101 — 40-6.5-109) › Section 40-6.5-102 - Office of the utility consumer advocate and utility consumers' board - creation - appointment - attorney general to represent

(1)
There is hereby created, as a division within the department of regulatory agencies, the office of the utility consumer advocate, the head of which is the director, who shall be appointed by the executive director pursuant to section 13 of article XII of the state constitution.
(2)
The office is a
type 1
entity, as defined in section
24-1-105
, and exercises its powers and performs its duties and functions specified in this article 6.5 under the department of regulatory agencies.
(3)
(a)
The utility consumers' board is created and shall guide the policy of the office. The board is a
type 2
entity, as defined in section
24-1-105
, and exercises its powers and performs its duties and functions specified in this article 6.5 under the department of regulatory agencies and the executive director.
(b)
(I)
The board consists of members appointed as follows:
(A)
The governor shall appoint one member from each congressional district in the state. Of the members appointed by the governor, at least one member must be actively engaged in agriculture as a business and at least two members must be owners of small businesses with one hundred or fewer employees. No more than a minimum majority of the governor's appointments may be affiliated with the same political party.
(B)
The president of the senate, the speaker of the house of representatives, the minority leader of the senate, and the minority leader of the house of representatives shall each appoint one member of the board.
(II)
Members of the board serve terms of four years. If a person has any conflict of interest with the duties required of a member of the board, the appointing authority shall not appoint the person as a member of the board. The official who appointed a board member may remove that board member for misconduct, incompetence, or neglect of duty. Board members serve without compensation, but members who reside outside the counties of Denver, Jefferson, Adams, Arapahoe, Boulder, Broomfield, and Douglas are entitled to reimbursement for reasonable and actual expenses to attend board meetings in Denver. The board shall meet at least six times per year.
(c)
It is the duty of the board to represent the public interest of Colorado utility users, and, specifically, the interests of residential, agricultural, and small business users, by providing general policy guidance and oversight for the office and the director in the performance of their statutory duties and responsibilities as specified in this article 6.5. The powers and duties of the board include the following:
(I)
Providing general policy guidance to the office regarding rule-making matters, legislative projects, general activities, and priorities of the office; and
(II)
Gathering data and information and formulating policy positions to advise the office in preparing analysis and testimony in legislative hearings on proposed legislation affecting the interests of residential, small business, and agricultural utility users.
(4)
It is the duty of the attorney general to advise the office and the board in all legal matters and to provide representation in proceedings in which the office participates.
Amended by 2022 Ch. 469,§143, eff. 8/10/2022.
Amended by 2022 Ch. 2,§117, eff. 2/25/2022.
Amended by 2021 Ch. 477,§4, eff. 9/1/2021.
Amended by 2015 Ch. 297,§3, eff. 6/5/2015.
L. 84: Entire article added, p. 1045, § 1, effective July 1. L. 93: Entire section amended, p. 975, § 4, effective July 1. L. 96: (3)(c)(III) amended, p. 1225, § 33, effective August 7. L. 2015: (2)(b) repealed and (3)(a) and (3)(b) amended, (SB 15-271), ch. 1224, p. 1224, § 3, effective June 5. L. 2021: Entire section amended, (SB 21-103), ch. 3408, p. 3408, § 4, effective September 1.
2022 Ch. 469, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
For the legislative declaration contained in the 1996 act amending subsection (3)(c)(III), see section 1 of chapter 237, Session Laws of Colorado 1996.