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 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 40-2-107 - Compensation and expenses of employees

(1)
All employees of the commission shall receive such compensation as may be fixed pursuant to law.
(2)
Repealed.
(3)
All expenses incurred by the commission pursuant to the provisions of this title, including the actual and necessary traveling expenses and other expenses and disbursements of the commissioners, their officers, and employees shall be paid by the controller from the funds appropriated for the use of the commission upon vouchers of the commission therefor.
L. 13: p. 468, § 10. C.L. § 2921. CSA: C. 137, § 11. CRS 53: § 115-2-7. C.R.S. 1963: § 115-2-7. L. 69: p. 930, § 8. L. 89: (3) amended, p. 1525, § 5, effective April 12. L. 93: (2) repealed, p. 2058, § 7, effective July 1.
For appropriations, see part 1 of article 75 of title 24.
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 40-2-109 - Report to executive director of the department of revenue

(1)
Repealed.
(2)
(a)
On March 1 of each year, the public utilities commission shall furnish the executive director of the department of revenue with a list of those public utilities subject to its jurisdiction, supervision, and regulation on January 1 of each year. The provisions of this subsection (2) shall not apply to:
(I)
Motor carriers subject to the passenger-mile tax imposed by sections
42-3-304
and
42-3-306
, so long as the cost of regulation of such motor carriers is defrayed from the proceeds of such passenger-mile tax; and
(II)
Rail fixed guideway systems that are regulated by the public utilities commission pursuant to part 1 of article
18
of this title.
(b)
The director of the public utilities commission shall provide written notice to the revisor of statutes once the federal grant moneys made available under the "Moving Ahead for Progress in the 21st Century Act",
49 U.S.C. sec. 5329
, have been awarded to the state. This subsection (2) takes effect upon the receipt by the revisor of statutes of such written notice.
Amended by 2018 Ch. 274, § 85, eff. 5/29/2018.
Amended by 2013 Ch. 96, § 1, eff. 8/7/2013.
L. 55: p. 695, § 1. CRS 53: § 115-2-10. C.R.S. 1963: § 115-2-10. L. 89: Entire section amended, p. 1597, § 14, effective 1/1/1990. L. 94: Entire section amended, p. 2570, § 93, effective 1/1/1995. L. 2005: Entire section amended, p. 1184, § 37, effective August 8. L. 2011: Entire section amended, (HB 11 - 11 98), ch. 127, p. 419, § 14, effective August 10. L. 2013: Entire section amended, (HB 13-1103), ch. 96, p. 309, § 1, effective August 7. L. 2018: (2)(a)(I) amended, (HB 18-1375), ch. 274, p. 1723, § 85, effective May 29.
(1) The revisor of statutes received the notice referred to in subsection (1)(b) resulting in the repeal of subsection (1), effective May 1, 2017. (See L. 2013, p. 309 .)
(2) The revisor of statutes received the notice referred to in subsection (2)(b) resulting in subsection (2) becoming effective May 1, 2017.
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 40-2-109.5 - Incentives for distributed generation - definition

(1)
The commission shall develop a policy to establish incentives for consumers who produce distributed generation, including, but not limited to, small wind turbines, thermal biomass, electric biomass, and solar thermal energy. The commission shall consider whether a credit program similar to the renewable energy standard set forth in section
40-2-124
would work for consumers who produce distributed generation. The commission shall present the policy and findings regarding a credit program to the house of representatives transportation and energy committee and the senate agriculture, natural resources, and energy committee, or their successor committees.
(2)
As used in this section, "distributed generation" means a system by which a consumer generates heat or electricity using renewable energy resources for his or her own needs and may also send surplus electrical power back into the power grid.
(3)
Effective January 1, 2012, all photovoltaic installations funded wholly or partially through financial incentives under this section shall be subject to the requirements set forth in section
40-2-128
.
L. 2007: Entire section added, p. 1761, § 7, effective June 1. L. 2010: (3) added, (HB 10-1001), ch. 37, p. 154, §7, 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 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 40-2-110 - Appropriation and fees

(1)
At each regular session, the general assembly shall determine the amounts to be expended by the public utilities commission for its administrative expenses in supervising and regulating the public utilities which are under its jurisdiction, a list of which the commission is required by section
40-2-109
to furnish to the department of revenue, and shall appropriate to the public utilities commission from the public utilities commission fixed utility fund, established in section
40-2-114
, the full amount so determined, and such amount shall be defrayed out of the fees to be paid by such public utilities, as provided in section
40-2-112
.
(2)
(a)
(I)
At each regular session, the general assembly shall determine the amounts to be expended by the public utilities commission for its administrative expenses in the supervision and regulation of motor carriers as provided by law and shall appropriate such amounts from the public utilities commission motor carrier fund established in section
40-2-110.5
as are necessary to be expended by the commission to accomplish said purposes.
(II)
Repealed.
(b)
Repealed.
L. 55: p. 695, § 1. CRS 53: § 115-2-11. L. 57: p. 599, § 1. C.R.S. 1963: § 115-2-11. L. 69: p. 930, § 10. L. 82: (2) amended, p. 584, § 1, effective July 1. L. 85: (2)(a)(II) and (2)(b)(II) amended, p. 1295, § 1, effective July 1. L. 88: (2)(a)(I) amended and (2)(a)(II) and (2)(b) repealed, pp. 1351, 1352, §§ 1, 3, 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 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 40-2-111 - Report of utilities to department of revenue

Each public utility required to pay such fees shall, on or before May 15 of each year, file a return with the department of revenue on such forms as shall be prescribed by the executive director of the department of revenue and the public utilities commission setting forth the gross operating revenues of such public utility from intrastate utility business only transacted in the state of Colorado during the preceding calendar year. Such return shall be executed and verified by two of the executive officers of the utility making the return and shall contain or be verified by a written declaration that it is made under the penalties of perjury in the second degree, and any officer who knowingly and willfully makes and signs a false return is guilty of perjury in the second degree.
L. 55: p. 166, § 1. CRS 53: § 115-2-12. C.R.S. 1963: § 115-2-12. L. 69: p. 964, § 75. L. 72: p. 565, § 39.
For perjury in the second degree, see § 18-8-503.
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 40-2-112 - [Effective Until 8/7/2024] Computation of fees

(1)
On or before June 1 of each year, the executive director of the department of revenue shall ascertain the aggregate amount of gross operating revenues of all public utilities filing returns as provided in section
40-2-111
. The executive director shall then compute the percentage which the full amount determined by the general assembly for administrative expenses of the public utilities commission for the supervision and regulation of such public utilities is of the aggregate amount of gross operating revenues of such public utilities derived from intrastate utility business transacted during the preceding calendar year, and the percentage so computed shall be the basis upon which fees for the ensuing year shall be fixed.
(2)
In recognition of the fact that nonprofit generation and transmission electric corporations or associations may be subject to less regulation and to no rate regulation by the commission, the executive director of the department of revenue shall disregard any revenues reported by such entities in making the computations required under subsection (1) of this section. In addition, the executive director of the department of revenue shall, in consultation with the director of the commission, enter into an agreement with each nonprofit generation and transmission electric corporation or association whereby such entity agrees to pay an amount equal to the administrative expenses reasonably anticipated to be incurred by the commission for the regulation of such entity. Said agreement shall be made by May 1 of the year in which it is to become effective and shall remain effective for not less than two and not more than five years. In the event that the anticipated amount set forth in the agreement proves to be substantially higher or lower than the commission's actual expenses incurred, the agreement for the next following year or years shall be adjusted so as to take such fact into account. If no such agreement is made as provided in this subsection (2), the commission, on its own motion or upon application by the executive director of the department of revenue or by such entity, shall set the matter for hearing and determine the amount to be paid by the entity. Amounts paid under agreements as contemplated by this subsection (2) or by order of the commission shall be used to reduce amounts paid by other utilities under subsection (1) of this section.
L. 55: p. 696, § 1. CRS 53: § 115-2-13. L. 57: p. 599, § 1. C.R.S. 1963: § 115-2-13. L. 93: Entire section amended, p. 2060, § 10, effective July 1.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 40-2-113 - Collection of fees - limitation

(1)
On or before June 15 of each year, the department of revenue shall notify each public utility subject to this article 2 of the amount of its fee for the ensuing fiscal year beginning July 1, computed by multiplying its gross intrastate utility operating revenues for the preceding calendar year, as set forth in its return filed for that purpose, by the percentage determined in accordance with section
40-2-112
; except that the department of revenue shall not require a public utility that is a telephone corporation to pay a fee in excess of two-fifths of one percent of its gross intrastate utility operating revenues for the preceding calendar year and shall not require any other public utility to pay a fee in excess of forty-five one-hundredths of one percent of its gross intrastate utility operating revenues for the preceding calendar year.
(2)
Each public utility, including penal communications service providers, as defined in section
17-42-103(2)
, shall pay the fee assessed against it to the department of revenue in equal quarterly installments on or before July 15, October 15, January 15, and April 15 in each fiscal year. If a public utility does not make a payment by one of the quarterly deadlines, the department of revenue shall charge the public utility a penalty of ten percent of the installment due, together with interest at the rate of one percent per month on the amount of the unpaid installment until the full amount of the installment, penalty, and interest has been paid. Upon failure, refusal, or neglect of any public utility to pay the fee, or any penalty or interest, the attorney general shall bring suit in the name of the state to collect the amount due.
(3)
The commission shall allow a public utility that is not a telephone corporation full recovery of fees assessed and remitted to the department of revenue pursuant to this section. The recovery mechanism must include the ability of the utility, at its option, to use a deferred account to track changes in fees between rate proceedings.
Amended by 2021 Ch. 389,§3, eff. 6/30/2021.
Amended by 2021 Ch. 220,§4, eff. 6/10/2021.
Amended by 2015 Ch. 247,§1, eff. 5/29/2015.
L. 55: p. 696, § 1. CRS 53: § 115-2-14. C.R.S. 1963: § 115-2-14. L. 2015: Entire section amended, (HB 15-1372), ch. 906, p. 906, § 1, effective May 29. L. 2021: Entire section amended, (SB 21-272), ch. 1158, p. 1158, § 4, effective June 10; entire section amended, (HB 21-1201), ch. 2599, p. 2599, § 3, effective June 30.
(1) Amendments to this section by SB 21-272 and HB 21-1201 were harmonized.
(2) Section 14 of chapter 220 (SB 21-272), Session Laws of Colorado 2021, provides that the act changing this section applies to conduct occurring on or after June 10, 2021.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 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 40-2-116 - [Repealed]

L. 69: p. 931, § 13. C.R.S. 1963: § 115-2-17. L. 78: Entire section amended, p. 518, § 1, effective July 1. L. 85: Entire section amended, p. 1308, § 5, effective May 29. L. 96: Entire section amended, p. 1546, § 2, effective July 1. L. 2003: (1) amended, p. 2381, § 5, effective August 6. L. 2010: (1) amended, (HB 10-1167), ch. 125, p. 415, §1, effective April 15. L. 2011: Entire section repealed, (HB 11-1198), ch. 127, p. 416, §3, effective August 10.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 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 40-2-117 - [Repealed]

L. 77: Entire section added, p. 1856, § 1, effective July 1.
Subsection (7) provided for the repeal of this section, effective July 1, 1979. (See L. 77, p. 1856.)
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 40-2-118 - [Repealed]

L. 79: Entire section added, p. 1510, § 1, effective June 22.
Subsection (6) provided for the repeal of this section, effective March 1, 1984. (See L. 79, p. 1510.)
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 40-2-119 - Exemption of rail carrier transportation

(1)
The commission shall by rule or regulation establish standards and procedures to be used in determining whether certain transportation provided by a rail carrier in this state should be exempted, in whole or in part, from one or more provisions of this title. Such rules and regulations shall provide for such exemption when the commission finds that:
(a)
Jurisdiction, regulation, and control by the commission are not necessary to carry out the transportation policy of this title; and
(b)
Either the transaction or service is of limited scope or the application of a provision of this title is not needed to protect shippers from the abuse of market power.
L. 84: Entire section added, p. 1036, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 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 40-2-120 - Rail transportation policy

In regulating rail carriers, the state of Colorado hereby adopts the rail transportation policy of
49 U.S.C. sec. 10101
; except that the references therein to the United States government and its agencies shall refer to the state of Colorado and its agencies.
L. 84: Entire section added, p. 1036, § 1, effective July 1. L. 2001: Entire section amended, p. 1281, § 59, 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) › 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 40-2-121 - [Repealed]

L. 96: Entire section added, p. 985, § 1, effective May 23.
Subsection (3) provided for the repeal of this section, effective July 1, 1998. (See L. 96, p. 985.)
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 40-2-125 - Eminent domain restrictions

(1)
A qualifying retail utility shall not have the authority to condemn or exercise the power of eminent domain over any real estate, right-of-way, easement, or other right pursuant to section
38-2-101
, C.R.S., to site the generation facilities of a renewable energy system used in whole or in part to meet the electric resource standards set forth in section
40-2-124
. This section shall not be construed to limit the authority of a home rule municipality under article XX of the Colorado constitution.
(2)
Section 3 of this initiated measure provides that this section and section
40-2-124
shall be effective December 1, 2004.
Initiated 2004: Entire section added, see L. 2005, p. 2337, effective 12/1/2004, proclamation of the Governor issued December 1, 2004. L. 2005: Entire section amended, p. 238, § 2, effective August 8; (2) added by revision, see L. 2005, p. 2340, § 3.
(1) A declaration of intent was contained in the initiated measure, Amendment 37, and is reproduced below:
SECTION 1. Legislative declaration of intent:
Energy is critically important to Colorado's welfare and development, and its use has a profound impact on the economy and environment. Growth of the state's population and economic base will continue to create a need for new energy resources, and Colorado's renewable energy resources are currently underutilized.
Therefore, in order to save consumers and businesses money, attract new businesses and jobs, promote development of rural economies, minimize water use for electricity generation, diversify Colorado's energy resources, reduce the impact of volatile fuel prices, and improve the natural environment of the state, it is in the best interests of the citizens of Colorado to develop and utilize renewable energy resources to the maximum practicable extent.
(2) This initiated measure was approved by a vote of the registered electors of the state of Colorado on November 2, 2004. The vote count for the measure was as follows:
FOR: 1,066,023
AGAINST: 922,577
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 40-2-131 - [Effective Until 8/7/2024] State of 911 report

(1)
Notwithstanding section
24-1-136 (11)(a)(I)
, on or before September 15, 2018, and on or before September 15 of each year thereafter, the commission shall publish a "state of 911" report and submit the report to the members of the general assembly. The report must provide an overall understanding of the state of 911 service in Colorado and must address, at a minimum, the following:
(a)
The commission's actions related to 911 service in the state during the previous year as well as planned implementation actions related to 911 service for the upcoming year;
(b)
The current statewide structure, technology, and general operations of 911 service in Colorado;
(c)
911 network reliability and resiliency;
(d)
Identified gaps, vulnerabilities, and needs related to 911 service in the state;
(e)
The impact on and involvement of the state in federal activities and national trends affecting 911 service in Colorado;
(f)
The state's planning for, transition to, and implementation of next generation 911, including a projected timeline for full statewide implementation; and
(g)
A discussion of 911 funding and fiscal outlook, including current funding sources and whether they are adequate for 911 service in the state, and potential funding mechanisms for the transition to and implementation of next generation 911.
(2)
In developing the report each year, the commission shall consult with public safety answering points as defined in section
29-11-101 (23)
,
911
governing bodies as defined in section
29-11-101 (16)
, and statewide organizations that represent public safety agencies.
(3)
On or before February 1, 2019, and on or before February 1 of each year thereafter, the commission shall present the report to the senate committee on business, labor, and technology, or its successor committee, and the house of representatives committee on business affairs and labor or its successor committee.
(4)
Nothing in this section shall be interpreted to grant the commission the authority to regulate any providers or services exempt from jurisdiction under section
40-15-401
.
Amended by 2020 Ch. 267, § 16, eff. 7/10/2020.
Added by 2018 Ch. 308, § 1, eff. 5/29/2018.
L. 2018: Entire section added, (HB 18-1184), ch. 308, p. 1862, § 1, effective May 29.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 40-2-131 - [Effective 8/7/2024] State of 911 report

(1)
Notwithstanding section
24-1-136 (11)(a)(I)
, on or before September 15, 2018, and on or before September 15 of each year thereafter, the commission shall publish a "state of 911" report and submit the report to the members of the general assembly. The report must provide an overall understanding of the state of 911 service in Colorado and must address, at a minimum, the following:
(a)
The commission's actions related to 911 service in the state during the previous year as well as planned implementation actions related to 911 service for the upcoming year;
(b)
The current statewide structure, technology, and general operations of 911 service in Colorado;
(c)
911 network reliability and resiliency;
(d)
Identified gaps, vulnerabilities, and needs related to 911 service in the state;
(e)
The impact on and involvement of the state in federal activities and national trends affecting 911 service in Colorado;
(f)
The state's planning for, transition to, and implementation of next generation 911 and other or future standards-based improvements to 911, including a projected timeline for full statewide implementation;
(g)
A discussion of 911 funding and fiscal outlook, including current funding sources and whether they are adequate for 911 service in the state, and potential funding mechanisms for the transition to and implementation of next generation 911 and other or future standards-based improvements to 911; and
(h)
The activity of the 911 services enterprise created in section 29-11-108, including use of the revenue of the 911 services enterprise.
(2)
In developing the report each year, the commission shall consult with public safety answering points as defined in section
29-11-101 (23)
,
911
governing bodies as defined in section
29-11-101 (16)
, and statewide organizations that represent public safety agencies.
(3)
On or before February 1, 2019, and on or before February 1 of each year thereafter, the commission shall present the report to the senate committee on business, labor, and technology, or its successor committee, and the house of representatives committee on business affairs and labor or its successor committee.
(4)
Nothing in this section shall be interpreted to grant the commission the authority to regulate any providers or services exempt from jurisdiction under section
40-15-401
.
Amended by 2024 Ch. 302,§ 4, eff. 8/7/2024.
Amended by 2020 Ch. 267, § 16, eff. 7/10/2020.
Added by 2018 Ch. 308, § 1, eff. 5/29/2018.
L. 2018: Entire section added, (HB 18-1184), ch. 308, p. 1862, § 1, effective May 29.
2024 Ch. 302, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
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 40-2-133 - Workforce transition planning filing - definition

(1)
A qualifying retail utility regulated by the commission that submits a filing, including a resource plan or application, that includes a proposed accelerated retirement of an electric generating facility shall also include a workforce transition plan as part of its filing.
(2)
To the extent practicable, a workforce transition plan must include estimates of:
(a)
The number of workers employed by the qualifying retail utility or a contractor of the qualifying retail utility at the electric generating facility, which number must include all workers that directly deliver fuel to the electric generating facility;
(b)
The total number of workers whose existing jobs, as a result of the retirement of the electric generating facility:
(I)
Will be retained; and
(II)
Will be eliminated;
(c)
With respect to the workers whose existing jobs will be eliminated due to the retirement of the electric generating facility, the total number and the number by job classification of workers:
(I)
Whose employment will end without them being offered other employment;
(II)
Who will retire as planned, be offered early retirement, or leave on their own;
(III)
Who will be retained by being transferred to other electric generating facilities or offered other employment by the qualifying retail utility; and
(IV)
Who will be retained to continue to work for the qualifying retail utility in a new job classification; and
(d)
If the qualifying retail utility is replacing the electric generating facility being retired with a new electric generating facility, the number of:
(I)
Workers from the retired electric generating facility who will be employed at the new electric generating facility; and
(II)
Jobs at the new electric generating facility that will be outsourced to contractors or subcontractors.
(3)
As used in this section, "qualifying retail utility" has the meaning described in section
40-2-124(1)
; except that the term does not mean a municipally owned utility or a cooperative electric association.
Added by 2019 Ch. 359,§ 8, eff. 5/30/2019.
L. 2019: Entire section added, (SB 19-236), ch. 3303, p. 3303, § 8, 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 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 40-2-134 - Wholesale electric cooperatives - electric resource planning - definition - rules

(1)
(a)
The commission shall promulgate rules that require each wholesale electric cooperative to submit to the commission an application for approval of an integrated or electric resource plan. The commission shall evaluate a wholesale electric cooperative plan using rules that the commission has adopted that are applicable to wholesale electric cooperatives.
(b)
In developing rules for a wholesale electric cooperative, the commission must consider, among other factors determined by the commission, whether each wholesale electric cooperative:
(I)
Serves a multistate operational jurisdiction;
(II)
Has a not-for-profit ownership structure; and
(III)
Has a resource plan that meets the energy policy goals of the state.
(2)
As used in this section, "wholesale electric cooperative" means any generation and transmission cooperative electric association that provides wholesale electric service directly to cooperative electric associations.
Added by 2019 Ch. 359,§ 8, eff. 5/30/2019.
L. 2019: Entire section added, (SB 19-236), ch. 3304, p. 3304, § 8, 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 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 40-2-136 - Energy storage systems - terms and conditions for installation, interconnection, and use by cooperatives - legislative declaration - definitions

(1)
(a)
The general assembly finds and determines that:
(I)
Cardinal principles of cooperative electric associations include democratic member control, autonomy, and independence; and
(II)
Rapidly evolving technologies in generation, energy storage, and demand management offer cooperative electric associations a variety of options to meet the needs of their members reliably.
(b)
Therefore, the general assembly declares that:
(I)
It is in the public interest to limit barriers to the installation, interconnection, and use of energy storage systems by cooperative electric associations in Colorado; and
(II)
Cooperative electric associations in Colorado should be able to install, interconnect, and use energy storage systems that are connected to the cooperative electric association's electrical system and will not, at any time, flow onto the transmission facilities of a wholesale electric cooperative or other third party without prior agreement as part of meeting their members' needs for reliable, affordable energy without unfair or discriminatory rates or fees.
(2)
A wholesale electric cooperative shall not subject the installation, interconnection, or use of an energy storage system by a retail cooperative electric association to any unjust, unreasonable, discriminatory, or preferential charge, classification, contract, fare, fee, practice, rate, regulation, rule, schedule, service, or toll.
(3)
As used in this section, unless the context otherwise requires:
(a)
"Cooperative electric association" means a nonprofit electric corporation or association other than a wholesale electric cooperative.
(b)
"Energy storage system" has the meaning set forth in section
40-2-202(2)
.
(c)
"Wholesale electric cooperative" means any generation and transmission cooperative electric association that provides wholesale electric service directly to cooperative electric associations.
Added by 2020 Ch. 94,§ 3, eff. 3/27/2020.
L. 2020: Entire section added, (HB 20-1225), ch. 372, p. 372, § 3, effective March 27.
For the legislative declaration in HB 20-1225, see section 1 of chapter 94, Session Laws of Colorado 2020.
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 40-2-137 - Investor-owned utility electric resource planning - retirement of electric generating facility - commission to consider securitization as means of financing

(1)
For each investor-owned electric utility that submits for commission approval an electric resource plan that includes a portfolio in which an existing electric generating facility in the state would be retired, the commission shall require the investor-owned electric utility to present as part of the resource plan the net present value of revenue requirements for the portfolio based on:
(a)
A projection in which the investor-owned electric utility issues CO-EI bonds, as defined in section
40-41-102(5)
, to recover, finance, or refinance costs arising from the retirement of the electric generating facility pursuant to the "Colorado Energy Impact Bond Act", article
41
of this title 40; and
(b)
A projection in which the investor-owned electric utility does not issue CO-EI bonds.
(2)
The commission shall consider the two net present value of revenue requirement options presented by the investor-owned electric utility in its review of the investor-owned electric utility's electric resource plan.
Added by 2021 Ch. 220,§7, eff. 6/10/2021.
Section 14 of chapter 220 (SB 21-272), Session Laws of Colorado 2021, provides that the act adding this section applies to conduct occurring on or after June 10, 2021.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 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 40-2-139 - Investor-owned utility electric resource planning - maximum discount rate authorized

If the commission relies on the use of a discount rate when calculating net present value of future carbon-based fuel costs in an electric resource plan, the discount rate must not exceed the long-term rate of inflation, as determined by the commission. In determining the long-term rate of inflation, the commission shall determine an appropriate rate of inflation specifically for fuel costs.
Added by 2023 Ch. 163,§ 1, 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 2 - PUBLIC UTILITIES COMMISSION - RENEWABLE ENERGY STANDARD (§§ 40-2-101 — 40-2-203) › Part 2 - ENERGY STORAGE SYSTEMS (§§ 40-2-201 — 40-2-203) › Section 40-2-201 - Legislative declaration

(1)
The general assembly finds, determines, and declares that:
(a)
Energy storage systems provide potential opportunities to:
(I)
Reduce system costs;
(II)
Support diversification of energy resources; and
(III)
Enhance grid safety and reliability;
(b)
For these reasons, it is in the public interest to explore the use of energy storage systems in Colorado and to integrate into the planning process mechanisms for the procurement of energy storage systems by Colorado's electric utilities through evaluation and procurement methodologies.
Added by 2018 Ch. 360,§ 2, eff. 8/8/2018.
L. 2018: Entire part added, (HB 18-1270), ch. 360, p. 2151, § 2, 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 2 - PUBLIC UTILITIES COMMISSION - RENEWABLE ENERGY STANDARD (§§ 40-2-101 — 40-2-203) › Part 2 - ENERGY STORAGE SYSTEMS (§§ 40-2-201 — 40-2-203) › Section 40-2-202 - Definitions

As used in this part 2, unless the context otherwise requires:
(1)
"Electric utility" means an investor-owned electric utility subject to regulation under articles
1
to 7 of this title 40.
(2)
"Energy storage system" means commercially available technology that is capable of retaining energy, storing the energy for a period of time, and delivering the energy after storage by chemical, thermal, mechanical, or other means.
(3)
"Procure" or "procurement" means to acquire by ownership or by a contractual right to use the energy from, or the capacity of, an energy storage system.
Added by 2018 Ch. 360,§ 2, eff. 8/8/2018.
L. 2018: Entire part added, (HB 18-1270), ch. 360, p. 2152, § 2, 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 2.1 - [Repealed] TRANSPORTATION OF HAZARDOUS MATERIALS (§ 40-2.1-101) › Section 40-2.1-101 - to 40-2.1-106 - [Repealed]

L. 89: Entire article repealed, p. 1640, § 6, effective July 1.
This article was added in 1979.
For the "Hazardous Materials Transportation Act of 1987", see parts 1, 2, and 3 of article 20 of title 42.
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 2.2 - [Repealed] TRANSPORTATION OF NUCLEAR MATERIALS (§ 40-2.2-101) › Section 40-2.2-101 - to 40-2.2-213 - [Repealed]

L. 93: Entire article repealed, p. 1612, § 14, effective June 6.
This article was added in 1986.
For the "Hazardous Materials Transportation Act of 1987", see parts 1, 2, and 3 of article 20 of title 42.
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 2.3 - [Repealed] COLORADO TRANSMISSION COORDINATION ACT (§ 40-2.3-101) › Section 40-2.3-101 - to 40-2.3-103 - [Repealed]

Entire article repealed of its own accord, eff. 7/1/2022.
Added by 2019 Ch. 359, § 12, eff. 5/30/2019.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 3 - REGULATION OF RATES AND CHARGES (§§ 40-3-101 — 40-3-121) › Section 40-3-102 - Regulation of rates - correction of abuses

The power and authority is hereby vested in the public utilities commission of the state of Colorado and it is hereby made its duty to adopt all necessary rates, charges, and regulations to govern and regulate all rates, charges, and tariffs of every public utility of this state to correct abuses; to prevent unjust discriminations and extortions in the rates, charges, and tariffs of such public utilities of this state; to generally supervise and regulate every public utility in this state; and to do all things, whether specifically designated in articles
1
to
7
of this title or in addition thereto, which are necessary or convenient in the exercise of such power, and to enforce the same by the penalties provided in said articles through proper courts having jurisdiction; except that nothing in this article shall apply to municipal natural gas or electric utilities for which an exemption is provided in the constitution of the state of Colorado, within the authorized service area of each such municipal utility except as specifically provided in section
40-3.5-102
.
L. 13: p. 469, § 14. C.L. § 2925. CSA: C. 137, § 15. CRS 53: § 115-3-2. C.R.S. 1963: § 115-3-2. L. 83: Entire section amended, p. 1552, § 1, effective June 17.
For definition of a public utility, see § 40-1-103 ; for penalties for violation, 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 40-3-103.5 - Medical exemption - tiered electricity rates - rules

(1)
Notwithstanding any provision of articles
1
to
7
of this title 40 to the contrary, the commission shall adopt rules to create an exemption from any tiered electricity rate plan based on a customer's medical condition. The commission's rules must provide a mechanism for the recovery of costs associated with implementing and providing the medical exemption.
(2)
The commission may determine the definition of "medical condition"; except that the definition must include multiple sclerosis, epilepsy, quadriplegia, and paraplegia. The medical exemption is for individuals who have the verification of a physician licensed in Colorado of a heat-sensitive medical condition or the need for the use of an essential life support device.
(3)
If the commission determines that a means test is necessary for the medical exemption, the commission shall use no less than four hundred percent of the federal poverty level for the customer's household as the maximum income to be eligible for the medical exemption.
(4)
If the low-income energy assistance program is used to certify eligibility, the medical exemption under this section must be distinguishable from the heat assistance benefits offered under the low-income energy assistance program because these programs may have different eligibility requirements.
(5)
On and after September 1, 2020, the commission shall require utilities periodically to report, pursuant to section
40-3-110
, the number of their customers who receive the medical exemption under this section and to describe the efforts the utilities have made during each reporting period to facilitate the enrollment of qualified persons in their medical exemption programs.
Amended by 2020 Ch. 148,§ 1, eff. 6/29/2020.
Amended by 2013 Ch. 292,§ 1, eff. 5/28/2013.
L. 2011: Entire section added, (SB 11-087), ch. 218, p. 218, § 1, effective March 29. L. 2013: Entire section amended, (SB 13-282), ch. 1562, p. 1562, § 1, effective May 28. L. 2020: (1) and (3) amended and (5) added, (SB 20-030), ch. 637, p. 637, § 1, effective June 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 40-3-104.4 - Simplified regulatory treatment for small or nonprofit water companies

(1)
The commission, with due consideration to public interest, quality of service, financial condition, and just and reasonable rates, shall grant regulatory treatment that is less comprehensive than otherwise provided for under this article 3 to small, privately owned water companies that serve fewer than one thousand five hundred customers. The commission, when considering policy statements and rules, shall balance reasonable regulatory oversight with the cost of regulation in relation to the benefit derived from the regulation.
(2)
(a)
Except as otherwise provided in subsection (2)(b) of this section, a water company registered as a nonprofit organization under section 501 (c) of the federal "Internal Revenue Code of 1986", as amended,
26 U.S.C. sec. 501(c)
, is exempt from regulation under the "Public Utilities Law", articles
1
to 7 of this title 40.
(b)
Notwithstanding subsection (2)(a) of this section, all rates, charges, and terms and conditions of service between a water company described in subsection (2)(a) of this section and its customers must be just and reasonable. The commission shall resolve any complaint alleging a violation of this subsection (2)(b) in accordance with articles 6 and
7
of this title 40 if the complaint is signed by:
(I)
The mayor, the president of the board of trustees, or a majority of the council, commission, or other governing body of an affected city, county, city and county, or town;
(II)
The chief executive officer of an affected public utility; or
(III)
The lesser of:
(A)
At least twenty-five customers or prospective customers of the water company complained of; or
(B)
At least twenty-five percent of the current customers of the water company complained of.
Amended by 2018 Ch. 91,§ 1, eff. 8/8/2018.
L. 2001: Entire section added, p. 1469, § 1, effective August 8. L. 2018: Entire section amended, (SB 18-134), ch. 91, p. 729, § 1, 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 3 - REGULATION OF RATES AND CHARGES (§§ 40-3-101 — 40-3-121) › Section 40-3-104.5 - Special provisions for rail carrier rate increases

Notwithstanding section
40-3-105
and any other provision of this title to the contrary, the commission shall not exercise any jurisdiction over rates with respect to intrastate rail carriers.
L. 84: Entire section added, p. 1037, § 3, effective July 1. L. 2000: Entire section amended, p. 215, § 2, effective March 29.