reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 30 - FIRE GUARDS (§§ 40-30-101 — 40-30-103) › Section 40-30-101 - Fire guard by plowing

Every railroad corporation operating its lines of road or any part thereof within this state, between the fifteenth day of July and the first day of November of each and every year, upon each side of its line of road, shall plow as a fire guard a continuous strip of not less than six feet in width, which said strip of land shall run parallel with said line of railroad and be plowed in such a good and workmanlike manner as to effectually destroy and cover up the vegetation thereon and be sufficient to prevent the spread of fire. In addition thereto all such railroad corporations shall cause to be burned, between said dates, all the grass and vegetation lying between the said plowed strips and the track of said road, and the outer line of said strip of plowed land shall be upon the outer line of such corporation's right-of-way or, if upon land owned by said corporation, one hundred feet on either side from the center of the road. Such fire guard to be so plowed need not be constructed within the limits of any town or city, nor along the line of a railroad running through the mountains, nor in other lands where plowing would be impracticable, but the provisions respecting the burning of a strip on each side shall be duly conformed with whenever any vegetation is found along such line of road. The boards of county commissioners of the various counties of the state shall prescribe for their respective counties where the plowing of such fire guard and burning shall be done.
L. 1874: p. 224, § 1. G.L. § 2235. L. 1879: p. 73, § 1. L. 1883: p. 198, § 1. G.S. § 2796. R.S. 08: § 5509. C.L. § 2889. CSA: C. 139, § 75. CRS 53: § 116-11-1. C.R.S. 1963: § 116-11-1.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 30 - FIRE GUARDS (§§ 40-30-101 — 40-30-103) › Section 40-30-102 - Penalty for noncompliance

Any railroad company failing to comply with the provisions of section
40-30-101
shall be liable to pay a penalty of two hundred dollars for each and every mile or fractional part thereof of such strip of land it neglects to plow on either side of the line of its road in this state, in each and every year, the same to be collected in an action of debt in any court of competent jurisdiction in the name of the people of the state of Colorado, and when collected it shall be paid into the school fund of the county wherein the cause of action accrued. The action shall be brought within the time period prescribed in section
13-80-101
, C.R.S.
L. 1874: p. 225, § 2. G.L. § 2236. G.S. § 2797. R.S. 08: § 5510. C.L. § 2890. CSA: C. 139, § 76. CRS 53: § 116-11-2. C.R.S. 1963: § 116-11-2. L. 86: Entire section amended, p. 705, § 18 effective July 1.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 30 - FIRE GUARDS (§§ 40-30-101 — 40-30-103) › Section 40-30-103 - Liability of railroad company

Every railroad company operating its line of road, or any part thereof, within this state shall be liable for all damages by fires that are set out or caused by operating any such line of road, or any part thereof, in this state, whether negligently or otherwise. Such damages may be recovered by the party damaged by a proper action in any court of competent jurisdiction; but said action shall be brought by the party injured within two years next ensuing after it accrues. The liability imposed in this section shall inure solely in favor of the owner or mortgagee of the property so damaged or destroyed by fire, and the same shall not pass by assignment or subrogation to any insurance company that has written a policy thereon.
L. 03: p. 404, § 1. R.S. 08: § 5512. C.L. § 2892. CSA: C. 139, § 78. CRS 53: § 116-11-3. C.R.S. 1963: § 116-11-3.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 31 - OVERCHARGES (§§ 40-31-101 — 40-31-102) › Section 40-31-101 - Railroad company claim agent

Every railroad corporation or the lessee or receiver thereof or other person operating the same doing business in this state shall have and keep an agent or other person residing and having his office in the principal city or town along its line within the state whose duty it is and who is fully authorized by such railroad company to adjust and settle all claims for overcharge collected within this state and for all loss or damage. Any railroad corporation or the lessee or receiver thereof or other person so doing business in this state who fails to have and keep such agent or representative within such city or town shall be subject to a penalty of three thousand dollars for each and every month during which said railroad company or the lessee or receiver thereof or other person fails to have and keep said agent, which said penalty shall be recovered by the attorney general for the use of the state in an action commenced for that purpose in any court of competent jurisdiction of this state.
L. 1881: p. 204, § 1. G.S. § 2799. R.S. 08: § 5513. C.L. § 2893. CSA: C. 139, § 79. CRS 53: § 116-12-1. C.R.S. 1963: § 116-12-1.
For the lien of common carrier on goods and baggage, see § 38-20-105; for the general claim agent being required to have headquarters at general offices, see § 40-21-102.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 31 - OVERCHARGES (§§ 40-31-101 — 40-31-102) › Section 40-31-102 - Overcharges - recovery - damages

(1)
All overcharges made by any such railroad corporation or the lessee or receiver thereof or other person operating the same and all claims for loss or damage shall be paid by the representative of such railroad corporation or the lessee or receiver thereof or other person operating the same, appointed as provided in section
40-31-101
, within sixty days after the same has been duly presented to such representative or agent for settlement accompanied by the expense bill of the freight on which such overcharge has been made or loss or damage suffered, together with a statement, properly verified, of the amount of such overcharge, loss, or damage. If any such railroad corporation or the lessee or receiver thereof or other person operating the same fails to refund the amount of such overcharge, loss, or damage within the time aforesaid, the person or corporation so suffering the same may recover from the railroad company or the lessee or receiver thereof or other person operating the same so in default the sum of one hundred dollars for each month and fraction of a month during which said company or the lessee or receiver thereof or other person operating the same is in default, which said sum may be recovered by the parties so aggrieved or their assignees in any court of competent jurisdiction.
(2)
In any suit brought under this section, service upon such agent or representative of said railroad company or the lessee or receiver thereof or other person operating the same shall be deemed and held proper service upon such railroad company or the lessee or receiver thereof or other person operating the same; but the claimant shall not recover such penalty unless he recovers a larger amount in a court than the sum tendered him by such railroad corporation, agent, representative, lessee, or receiver or other person.
L. 1881: p. 205, § 2. G.S. § 2800. R.S. 08: § 5514. C.L. § 2894. CSA: C. 139, § 80. CRS 53: § 116-12-2. C.R.S. 1963: § 116-12-2.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 32 - EMPLOYEES (§§ 40-32-101 — 40-32-113) › Section 40-32-101 - [Repealed]

L. 01: p. 233, § 1. R.S. 08: § 5515. C.L. § 2895. CSA: C. 139, § 81. CRS 53: § 116-13-1. C.R.S. 1963: § 116-13-1. L. 2000: Entire section repealed, p. 219, § 11, effective March 29.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 32 - EMPLOYEES (§§ 40-32-101 — 40-32-113) › Section 40-32-102 - [Repealed]

L. 01: p. 233, § 2. R.S. 08: § 5516. C.L. § 2896. CSA: C. 139, § 82. CRS 53: § 116-13-2. C.R.S. 1963: § 116-13-2. L. 2000: Entire section repealed, p. 219, § 11, effective March 29.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 32 - EMPLOYEES (§§ 40-32-101 — 40-32-113) › Section 40-32-103 - [Repealed]

L. 1891: p. 280, § 1. R.S. 08: § 5517. C.L. § 2897. CSA: C. 139, § 83. CRS 53: § 116-13-3. C.R.S. 1963: § 116-13-3. L. 96: Entire section repealed, p. 564, § 27, effective April 24.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 32 - EMPLOYEES (§§ 40-32-101 — 40-32-113) › Section 40-32-104 - [Repealed]

L. 1891: p. 280, § 2. R.S. 08: § 5518. C.L. § 2898. CSA: C. 139, § 84. CRS 53: § 116-13-4. C.R.S. 1963: § 116-13-4. L. 96: Entire section repealed, p. 564, § 28, effective April 24.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 32 - EMPLOYEES (§§ 40-32-101 — 40-32-113) › Section 40-32-104.5 - Railroad peace officer - defined - scope of authority - responsibility and liability of railroad

(1)
As used in this section, "railroad peace officer" means any person who is employed by a class I railroad corporation operating within the state of Colorado to protect and investigate offenses against the railroad corporation.
(2)
A class I railroad corporation may employ a railroad peace officer to protect and investigate offenses against the corporation. Such railroad peace officer, while engaged in the conduct of his or her employment, shall possess and exercise all the powers vested in a peace officer of this state, pursuant to sections
16-2.5-101
and
16-2.5-142
, C.R.S. Such authority shall be exercised only in the protection of persons, including on-duty employees, who are located on the class I railroad corporation's property and in the protection of all real and personal property in the current physical possession of such railroad corporation. Such authority may include engaging in immediate pursuit. In the exercise of his or her duties, the railroad peace officer shall have the power to arrest for violation of laws upon railroad property; except that he or she shall be required to notify the appropriate local law enforcement agency before applying for any warrant or lodging any criminal complaint unless the arrest is pursuant to section
40-32-107
.
(3)
The class I railroad corporation employing the railroad peace officer shall be solely responsible for any liability resulting from acts or omissions of the railroad peace officer which arise within the scope and course of his employment.
L. 87: Entire section added, p. 1489, § 2, effective April 30. L. 2000: (2) amended, p. 219, § 12, effective March 29. L. 2003: (2) amended, p. 1627, § 55, effective August 6.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 32 - EMPLOYEES (§§ 40-32-101 — 40-32-113) › Section 40-32-105 - [Repealed]

L. 13: p. 436, § 1. C.L. § 2899. CSA: C. 139, § 85. CRS 53: § 116-13-5. C.R.S. 1963: § 116-13-5. L. 2000: Entire section repealed, p. 219, § 11, effective March 29.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 32 - EMPLOYEES (§§ 40-32-101 — 40-32-113) › Section 40-32-106 - Eject disorderly passengers

When any passenger is guilty of disorderly conduct, or uses any obscene language to the annoyance and vexation of passengers and refuses to desist therefrom when requested by the conductor, the conductor is authorized to stop the train at any station and eject such passenger from the train, using only such force as may be necessary, and may command the assistance of the employees of the railroad company to assist in such removal; but nothing in this section shall relieve any railroad company from liability for damages to any passenger for an unwarranted exercise of such power by any such conductor.
L. 13: p. 436, § 2. C.L. § 2900. CSA: C. 139, § 86. CRS 53: § 116-13-6. C.R.S. 1963: § 116-13-6. L. 2000: Entire section amended, p. 219, § 13, effective March 29.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 32 - EMPLOYEES (§§ 40-32-101 — 40-32-113) › Section 40-32-107 - Arrest and take before county court

When any passenger is guilty of any crime or misdemeanor upon any train, a railroad peace officer of such train may arrest such passenger, take such passenger before any county court in any county in which such crime or misdemeanor was committed, and file a complaint charging such passenger with such crime or misdemeanor.
L. 13: p. 437, § 3. C.L. § 2901. CSA: C. 139, § 87. CRS 53: § 116-13-7. C.R.S. 1963: § 116-13-7. L. 64: p. 307, § 268. L. 2000: Entire section amended, p. 220, § 14, effective March 29.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 32 - EMPLOYEES (§§ 40-32-101 — 40-32-113) › Section 40-32-108 - Duties of commission

The commission shall establish standards for the employment of railroad peace officers relating to education or experience in law enforcement.
L. 57: p. 606, § 1. CRS 53: § 116-13-8. C.R.S. 1963: § 116-13-8. L. 87: (2) added, p. 1490, § 3, effective April 30. L. 2000: Entire section amended, p. 220, § 15, effective March 29.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 32 - EMPLOYEES (§§ 40-32-101 — 40-32-113) › Section 40-32-109 - [Repealed]

L. 57: p. 606, § 2. CRS 53: § 116-13-9. C.R.S. 1963: § 116-13-9. L. 2000: Entire section repealed, p. 219, § 11, effective March 29.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 32 - EMPLOYEES (§§ 40-32-101 — 40-32-113) › Section 40-32-110 - [Repealed]

L. 57: p. 607, § 3. CRS 53: § 116-13-10. C.R.S. 1963: § 116-13-10. L. 2000: Entire section repealed, p. 219, § 11, effective March 29.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 32 - EMPLOYEES (§§ 40-32-101 — 40-32-113) › Section 40-32-111 - [Repealed]

L. 57: p. 607, § 4. CRS 53: § 116-13-11. C.R.S. 1963: § 116-13-11. L. 2000: Entire section repealed, p. 219, § 11, effective March 29.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 32 - EMPLOYEES (§§ 40-32-101 — 40-32-113) › Section 40-32-112 - [Repealed]

L. 57: p. 607, § 5. CRS 53: § 116-13-12. C.R.S. 1963: § 116-13-12. L. 2000: Entire section repealed, p. 219, § 11, effective March 29.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 32 - EMPLOYEES (§§ 40-32-101 — 40-32-113) › Section 40-32-113 - [Repealed]

L. 57: p. 607, § 6. CRS 53: § 116-13-13. C.R.S. 1963: § 116-13-13. L. 2000: Entire section repealed, p. 219, § 11, effective March 29.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 33 - DAMAGES TO EMPLOYEES (§§ 40-33-101 — 40-33-109) › Section 40-33-101 - Damages for injury of employee

Every common carrier by railroad in the state of Colorado shall be liable in damages to any person suffering injury while he is employed by such carrier in or about the transporting or handling of any freight, property, passengers, engine, locomotive, or other vehicle upon the tracks of such carrier, or in case of the death of such employee, to his personal representative for the benefit of the surviving widow, or husband, children, parents, or dependents of such employee, for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of such employer, or by reason of any defect or insufficiency due to the employer's negligence.
L. 37: p. 512, § 1. CSA: C. 139, § 87(1). CRS 53: § 116-14-1. C.R.S. 1963: § 116-14-1.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 33 - DAMAGES TO EMPLOYEES (§§ 40-33-101 — 40-33-109) › Section 40-33-102 - Contributory negligence no bar

In all actions brought against any such common carrier under or by virtue of any of the provisions of this article to recover damages for personal injury to the employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee; but no such employee who may be injured or killed shall be held to have been guilty of contributory negligence in any case where the violation by such employer of any state or federal statute enacted for the safety of employees contributed to the injury or death of such employee.
L. 37: p. 513, § 2. CSA: C. 139, § 87(2). CRS 53: § 116-14-2. C.R.S. 1963: § 116-14-2.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 33 - DAMAGES TO EMPLOYEES (§§ 40-33-101 — 40-33-109) › Section 40-33-103 - Employee does not assume risks

In any action brought against any common carrier under or by virtue of any of the provisions of this article to recover damages for injuries to, or the death of, any of its employees, such employee shall not be held to have assumed the risks of his employment in any case where such injury or death resulted in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.
L. 37: p. 513, § 3. CSA: C. 139, § 87(3). CRS 53: § 116-14-3. C.R.S. 1963: § 116-14-3.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 33 - DAMAGES TO EMPLOYEES (§§ 40-33-101 — 40-33-109) › Section 40-33-104 - Jury question

In any action brought against any such common carrier under or by virtue of any of the provisions of this article, to recover damages for injury to, or the death of, any of its employees, the question as to whether the negligence or violation of law claimed to have caused or contributed to the injury or death of such employee did in substance cause or contribute to such injury or death, and the question as to whether such negligence or violation of law was the proximate cause of such injury or death shall, in all cases, be for the determination of the jury.
L. 37: p. 513, § 4. CSA: C. 139, § 87(4). CRS 53: § 116-14-4. C.R.S. 1963: § 116-14-4.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 33 - DAMAGES TO EMPLOYEES (§§ 40-33-101 — 40-33-109) › Section 40-33-105 - Presumptive evidence

In all actions brought against any such common carrier under or by virtue of any of the provisions of this article to recover damages for personal injury to the employee, or where such injuries have resulted in his death, the fact of any such injury or death occurring to such employee and arising out of and in the course of his employment shall be presumptive evidence of the want of reasonable skill and care on the part of such carrier and its agents, servants, and employees in reference to such injury or death unless and until rebutted.
L. 37: p. 514, § 5. CSA: C. 139, § 87(5). CRS 53: § 116-14-5. C.R.S. 1963: § 116-14-5.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 33 - DAMAGES TO EMPLOYEES (§§ 40-33-101 — 40-33-109) › Section 40-33-106 - Attempts to exempt carrier from liability void

Any contract, rule, regulation, or stratagem whatsoever, the purpose or intent of which is to enable any common carrier to exempt itself from any liability created by this article, shall to that extent be void; but in any action brought against any such common carrier under or by virtue of any of the provisions of this article, such carrier may set off therein any sum it has contributed or paid to any insurance, relief benefit, or indemnity that may have been paid to the injured employee, or the person entitled thereto on account of the injury or death for which said action was brought.
L. 37: p. 514, § 6. CSA: C. 139, § 87(6). CRS 53: § 116-14-6. C.R.S. 1963: § 116-14-6.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 33 - DAMAGES TO EMPLOYEES (§§ 40-33-101 — 40-33-109) › Section 40-33-107 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Common carrier" includes the receiver or other persons or corporations charged with the duty of management and operation of the business of a common carrier.
L. 37: p. 514, § 7. CSA: C. 139, § 87(7). CRS 53: § 116-14-7. C.R.S. 1963: § 116-14-7.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 33 - DAMAGES TO EMPLOYEES (§§ 40-33-101 — 40-33-109) › Section 40-33-108 - Right of action survives

Any right of action given by this article, to a person suffering injury shall survive to his personal representative, for the benefit of the surviving widow or husband and children of such employee, and, if none, then of such employee's parents; and, if none, then of the next of kin dependent upon such employee, but in such cases there shall be only one recovery for the same injury.
L. 37: p. 514, § 8. CSA: C. 139, § 87(8). CRS 53: § 116-14-8. C.R.S. 1963: § 116-14-8.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › RAILROADS (§§ 40-18-101 — 40-33-109) › Article 33 - DAMAGES TO EMPLOYEES (§§ 40-33-101 — 40-33-109) › Section 40-33-109 - Right of action limited

No action shall be maintained under this article, unless commenced within the time period prescribed in section
13-80-102
, C.R.S.
L. 37: p. 515, § 9. CSA: C. 139, § 87(9). CRS 53: § 116-14-9. C.R.S. 1963: § 116-14-9. L. 86: Entire section amended, p. 705, § 19, effective July 1.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › GEOTHERMAL HEAT (§ 40-40-101) › Article 40 - GEOTHERMAL HEAT SUPPLIERS (§ 40-40-101) › Section 40-40-101 - to 40-40-106 - [Repealed]

Repealed by 2023 Ch. 166,§ 6, eff. 8/7/2023.
L. 83: Entire article added, p. 1422, § 2, effective June 10.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › ENERGY IMPACTS (§§ 40-41-101 — 40-42-109) › Article 41 - COLORADO ENERGY IMPACT BOND ACT (§§ 40-41-101 — 40-41-116) › Section 40-41-101 - Short title

The short title of this article 41 is the "Colorado Energy Impact Bond Act".
Added by 2019 Ch. 359,§ 26, eff. 5/30/2019.
L. 2019: Entire article added, (SB 19-236), ch. 3317, p. 3317, § 26, effective May 30.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › ENERGY IMPACTS (§§ 40-41-101 — 40-42-109) › Article 41 - COLORADO ENERGY IMPACT BOND ACT (§§ 40-41-101 — 40-41-116) › Section 40-41-105 - Effect of financing order

(1)
A financing order remains in effect until the CO-EI bonds issued as authorized by the financing order have been paid in full and all financing costs relating to the CO-EI bonds have been paid in full.
(2)
A financing order remains in effect and unabated notwithstanding the bankruptcy, reorganization, or insolvency of the electric utility to which the financing order applies or any affiliate of the electric utility or successor entity or assignee.
(3)
Subject to judicial review as provided for in section
40-41-108
, a financing order is irrevocable. Therefore, notwithstanding section
40-6-112(1)
, the commission may not reduce, impair, postpone, or terminate CO-EI charges approved in a financing order or impair CO-EI property or the collection or recovery of CO-EI revenue.
(4)
Notwithstanding subsection (3) of this section, upon the request of an electric utility or at the request of parties in the commission proceeding, the commission may commence a proceeding and issue a subsequent financing order that provides for refinancing, retiring, or refunding CO-EI bonds issued pursuant to the original financing order if:
(a)
The commission makes all of the findings specified in section
40-41-104(1)
with respect to the subsequent financing order; and
(b)
The subsequent financing order does not impair in any way the covenants and terms of the CO-EI bonds to be refinanced, retired, or refunded.
Added by 2019 Ch. 359,§ 26, eff. 5/30/2019.
L. 2019: Entire article added, (SB 19-236), ch. 3324, p. 3324, § 26, effective May 30.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › ENERGY IMPACTS (§§ 40-41-101 — 40-42-109) › Article 41 - COLORADO ENERGY IMPACT BOND ACT (§§ 40-41-101 — 40-41-116) › Section 40-41-106 - Effect on commission jurisdiction - rules

(1)
Except as otherwise provided in subsection (2) of this section, if the commission issues a financing order to an electric utility, the commission shall not, in exercising its powers and carrying out its duties pursuant to this article 41:
(a)
Consider the CO-EI bonds issued pursuant to the financing order to be debt of the electric utility other than for income tax purposes;
(b)
Consider the CO-EI charges paid under the financing order to be revenue of the electric utility;
(c)
Consider the CO-EI costs or financing costs specified in the financing order to be the regulated costs or assets of the electric utility; or
(d)
Determine any prudent action taken by an electric utility that is consistent with the financing order to be unjust or unreasonable.
(2)
Nothing in subsection (1) of this section:
(a)
Prevents or precludes the commission from investigating the compliance of an electric utility with the terms and conditions of a financing order and requiring compliance with the financing order; or
(b)
Prevents or precludes the commission from imposing regulatory sanctions against a regulated electric utility for failure to comply with the terms and conditions of a financing order or the requirements of this article 41.
(3)
The commission may not refuse to allow the recovery of any costs associated with the retirement of electric generating facilities by an electric utility solely because the electric utility has elected to recover those costs through traditional rate-making methods or to finance those activities through a financing mechanism other than CO-EI bonds, whether or not a financing order with respect to such costs has been applied for by the utility or issued by the commission.
(4)
The commission may adopt rules to implement this article 41.
Added by 2019 Ch. 359,§ 26, eff. 5/30/2019.
L. 2019: Entire article added, (SB 19-236), ch. 3325, p. 3325, § 26, effective May 30.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › ENERGY IMPACTS (§§ 40-41-101 — 40-42-109) › Article 41 - COLORADO ENERGY IMPACT BOND ACT (§§ 40-41-101 — 40-41-116) › Section 40-41-108 - Judicial review of financing orders

A financing order is a final order of the commission. Notwithstanding section
40-6-115(5)
specifying proper venue for petition filings, a party aggrieved by the issuance of a financing order may petition for suspension and review of the financing order only in the district court for the city and county of Denver. In the case of any petition for suspension and review, the court shall proceed to hear and determine the action as expeditiously as practicable and shall give the action precedence over other matters not accorded similar precedence by law.
Added by 2019 Ch. 359,§ 26, eff. 5/30/2019.
L. 2019: Entire article added, (SB 19-236), ch. 3327, p. 3327, § 26, effective May 30.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › ENERGY IMPACTS (§§ 40-41-101 — 40-42-109) › Article 41 - COLORADO ENERGY IMPACT BOND ACT (§§ 40-41-101 — 40-41-116) › Section 40-41-109 - Electric utilities - duties - rate impact notice to customers

(1)
The electric bills of an electric utility that has obtained a financing order and caused CO-EI bonds to be issued:
(a)
Must explicitly reflect that a portion of the charges on the bill represents CO-EI charges approved in a financing order issued to the electric utility and, if the CO-EI property has been transferred to an assignee, must include a statement that the assignee is the owner of the rights to CO-EI charges and that the electric utility or other entity, if applicable, is acting as a collection agent or servicer for the assignee;
(b)
Must include the CO-EI charge on each customer's bill as a separate line item titled "energy impact assistance charge" and may include both the rate and the amount of the charge on each bill. The failure of an electric utility to comply with this subsection (1) does not invalidate, impair, or affect any financing order, CO-EI property, CO-EI charge, or CO-EI bonds, but may subject the electric utility to penalties under applicable commission rules.
(c)
Must explain to customers in an annual filing with the commission the rate impact that financing the retirement of electric generating facilities will have on customer rates.
(2)
An electric utility that has obtained a financing order and caused CO-EI bonds to be issued must demonstrate in an annual filing with the commission that CO-EI bond proceeds are applied solely to the repayment of CO-EI costs and that CO-EI revenues are applied solely to the repayment of CO-EI bonds and other financing costs in accordance with the financing order. The cost of such annual filing is a financing cost recoverable by the electric utility from the CO-EI charge.
Added by 2019 Ch. 359,§ 26, eff. 5/30/2019.
L. 2019: Entire article added, (SB 19-236), ch. 3327, p. 3327, § 26, effective May 30.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › ENERGY IMPACTS (§§ 40-41-101 — 40-42-109) › Article 41 - COLORADO ENERGY IMPACT BOND ACT (§§ 40-41-101 — 40-41-116) › Section 40-41-111 - CO-EI bonds - legal investments - not public debt - pledge of state

(1)
Banks, trust companies, savings and loan associations, insurance companies, executors, administrators, guardians, trustees, and other fiduciaries may legally invest any money within their control in CO-EI bonds. Public entities, as defined in section
24-75-601(1)
, may invest public funds in CO-EI bonds only if the CO-EI bonds satisfy the investment requirements established in part 6 of article
75
of title
24
.
(2)
CO-EI bonds issued as authorized by a financing order are not debt of or a pledge of the faith and credit or taxing power of the state, any agency of the state, or any county, municipality, or other political subdivision of the state. Holders of CO-EI bonds have no right to have taxes levied by the state or by any county, municipality, or other political subdivision of the state for the payment of the principal or interest on CO-EI bonds. The issuance of CO-EI bonds does not directly, indirectly, or contingently obligate the state or a political subdivision of the state to levy any tax or make any appropriation for payment of principal or interest on the CO-EI bonds.
(3)
(a)
The state pledges to and agrees with holders of CO-EI bonds, any assignee, and any financing parties that the state will not:
(I)
Take or permit any action that impairs the value of CO-EI property; or
(II)
Reduce, alter, or impair CO-EI charges, except through application of the adjustment mechanism, that are imposed, collected, and remitted for the benefit of holders of CO-EI bonds, any assignee, and any financing parties, until any principal, interest, and redemption premium payable on CO-EI bonds, all financing costs, and all amounts to be paid to an assignee or financing party under an ancillary agreement are paid in full.
(b)
A person who issues CO-EI bonds may include the pledge specified in subsection (3)(a) of this section in the CO-EI bonds, ancillary agreements, and documentation related to the issuance and marketing of the CO-EI bonds.
Added by 2019 Ch. 359,§ 26, eff. 5/30/2019.
L. 2019: Entire article added, (SB 19-236), ch. 3329, p. 3329, § 26, effective May 30.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › ENERGY IMPACTS (§§ 40-41-101 — 40-42-109) › Article 41 - COLORADO ENERGY IMPACT BOND ACT (§§ 40-41-101 — 40-41-116) › Section 40-41-112 - Assignee or financing party not automatically subject to commission regulation

An electric utility, assignee, or financing party that is not already regulated by the commission does not become subject to commission regulation solely as a result of engaging in any transaction authorized by or described in this article 41.
Added by 2019 Ch. 359,§ 26, eff. 5/30/2019.
L. 2019: Entire article added, (SB 19-236), ch. 3329, p. 3329, § 26, effective May 30.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › ENERGY IMPACTS (§§ 40-41-101 — 40-42-109) › Article 41 - COLORADO ENERGY IMPACT BOND ACT (§§ 40-41-101 — 40-41-116) › Section 40-41-113 - Effect of other laws and judicial decisions

(1)
If any provision of this article 41 conflicts with any other law regarding the attachment, assignment, perfection, effect of perfection, or priority of any security interest in or transfer of CO-EI property, the provision of this article 41 governs to the extent of the conflict.
(2)
Effective on the date that CO-EI bonds are first issued, if any provision of this article 41 is held to be invalid or is invalidated, superseded, replaced, repealed, or expires, that occurrence does not affect any action allowed under this article 41 that was lawfully taken by the commission, an electric utility, an assignee, a collection agent, a financing party, a bondholder, or a party to an ancillary agreement before the occurrence, and any such action remains in full force and effect.
(3)
Nothing in subsection (1) or (2) of this section precludes an electric utility for which the commission has initially issued a financing order from applying to the commission for:
(a)
A subsequent financing order amending the financing order as authorized by section
40-41-105(4)
; or
(b)
Approval of the issuance of CO-EI bonds to refund all or a portion of an outstanding series of CO-EI bonds.
Added by 2019 Ch. 359,§ 26, eff. 5/30/2019.
L. 2019: Entire article added, (SB 19-236), ch. 3330, p. 3330, § 26, effective May 30.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › ENERGY IMPACTS (§§ 40-41-101 — 40-42-109) › Article 41 - COLORADO ENERGY IMPACT BOND ACT (§§ 40-41-101 — 40-41-116) › Section 40-41-114 - Choice of law

The laws of this state govern the validity, enforceability, attachment, perfection, priority, and exercise of remedies with respect to the transfer of an interest or right or creation of a security interest in any CO-EI property, CO-EI charge, or financing order.
Added by 2019 Ch. 359,§ 26, eff. 5/30/2019.
L. 2019: Entire article added, (SB 19-236), ch. 3330, p. 3330, § 26, effective May 30.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › ENERGY IMPACTS (§§ 40-41-101 — 40-42-109) › Article 42 - COLORADO ELECTRIC TRANSMISSION AUTHORITY ACT (§§ 40-42-101 — 40-42-109) › Section 40-42-101 - Short title

The short title of this article 42 is the "Colorado Electric Transmission Authority Act".
Added by 2021 Ch. 329,§4, eff. 6/24/2021.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › ENERGY IMPACTS (§§ 40-41-101 — 40-42-109) › Article 42 - COLORADO ELECTRIC TRANSMISSION AUTHORITY ACT (§§ 40-42-101 — 40-42-109) › Section 40-42-106 - Electric transmission authority operational fund - creation

The electric transmission authority operational fund is created in the authority. The operational fund consists of money transferred to the operational fund pursuant to section
40-42-105(4)
, any other money that the authority may transfer to the operational fund, and interest and income derived from the deposit and investment of money in the operational fund. The authority may expend money from the operational fund for the purpose of carrying out this article 42, and the authority may establish procedures to administer the operational fund in accordance with this article 42 and any other applicable provision of state law.
Added by 2021 Ch. 329,§4, eff. 6/24/2021.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › ENERGY IMPACTS (§§ 40-41-101 — 40-42-109) › Article 42 - COLORADO ELECTRIC TRANSMISSION AUTHORITY ACT (§§ 40-42-101 — 40-42-109) › Section 40-42-108 - Report to general assembly

Commencing in 2022, the authority shall submit a report of its activities to the energy and environment committee of the house of representatives and the transportation and energy committee of the senate, or any successor committees, not later than December 1 of each year. The report shall set forth a complete operating and financial statement covering the operations of the authority for the previous state fiscal year. Notwithstanding section
24-1-136(11)(a)(I)
, the requirement to submit the report continues indefinitely.
Added by 2021 Ch. 329,§4, eff. 6/24/2021.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › ENERGY IMPACTS (§§ 40-41-101 — 40-42-109) › Article 42 - COLORADO ELECTRIC TRANSMISSION AUTHORITY ACT (§§ 40-42-101 — 40-42-109) › Section 40-42-109 - Study on expanding transmission capacity - reporting - repeal

(1)
The authority shall expend money from the operational fund created in section
40-42-106
to study the need for expanded transmission capacity in the state, including:
(a)
The ability to expand capacity through the construction of new transmission lines, improvements to existing transmission lines, and connections to organized wholesale markets, as defined in section
40-5-108 (1)(a)
;
(b)
Whether and how expanded transmission capacity will:
(I)
Improve the system reliability of the electric grid and provide optimal utilization of electricity flows in the state;
(II)
Support the state's emission reduction goals set forth in section
25-7-102 (2)(g)
;
(III)
Support the state's forecasted electricity needs; and
(IV)
Reduce land impacts by using existing rights-of-way, including for large capacity transmission lines; co-locating multiple transmission lines; reconductoring transmission lines; and strategically siting new transmission corridors.
(2)
The authority shall prepare:
(a)
An initial report of the study, including any recommendations, and present the initial report to the commission on or before September 1, 2024; and
(b)
A final report of the study, including any recommendations, and present the final report to the joint committee of the house of representatives energy and environment committee and the senate transportation and energy committee, or their successor committees, on or before January 31, 2025.
(3)
This section is repealed, effective September 1, 2025.
Added by 2023 Ch. 165,§ 25, eff. 8/7/2023.
2023 Ch. 165, 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) › ELECTRIC RESOURCE ADEQUACY (§§ 40-43-101 — 40-43-104) › Article 43 - ELECTRIC RESOURCE ADEQUACY (§§ 40-43-101 — 40-43-104) › Section 40-43-101 - Short title

The short title of this article 43 is the "Colorado Resource Adequacy Act of 2023".
Added by 2023 Ch. 111,§ 1, eff. 8/7/2023.
2023 Ch. 111, 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) › ELECTRIC RESOURCE ADEQUACY (§§ 40-43-101 — 40-43-104) › Article 43 - ELECTRIC RESOURCE ADEQUACY (§§ 40-43-101 — 40-43-104) › Section 40-43-102 - Legislative declaration

(1)
The general assembly finds that:
(a)
Maintaining electric reliability and resource adequacy in the transition to clean energy is of great importance to Colorado and its electricity customers;
(b)
The development of a comprehensive resource adequacy reporting structure for all wholesale and retail load-serving entities will help position Colorado utilities for entry into an optimal organized wholesale market, as defined in section
40-5-108 (1)(a)
, that will increase the efficient and cost-effective use of capacity resources and enable resource adequacy across a broader footprint throughout the state;
(c)
The North American Electric Reliability Corporation has identified resource adequacy and energy risks in the western interconnection of the electric power grid; and
(d)
Colorado can begin to address these risks by adding resource adequacy reporting requirements for all load-serving entities to help measure the sufficiency of reliable and resilient electric service to all Colorado electricity customers.
(2)
The general assembly declares that all load-serving entities in the state should be required to provide resource adequacy annual reports to the applicable regulatory oversight entity.
Added by 2023 Ch. 111,§ 1, eff. 8/7/2023.
2023 Ch. 111, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 41 - AERONAUTICS: AIRCRAFT AND AIRPORTS (§§ 41-1-101 — 41-6-101) › AIRCRAFT (§§ 41-1-101 — 41-2-102) › Article 1 - AERONAUTICS ACT OF 1937 (§§ 41-1-101 — 41-1-108) › Section 41-1-101 - Short title

This article shall be known and may be cited as the "Aeronautics Act of 1937".
L. 37: p. 250, § 1. CSA: C. 17, § 9. CRS 53: § 5-1-1. C.R.S. 1963: § 5-1-1.
For use of an aircraft in hunting wildlife, see § 33-6-124; for the establishment of the Colorado division of civil air patrol within the department of military and veterans affairs, see § 28-1-101.
2023 Colorado Revised Statutes › Title 41 - AERONAUTICS: AIRCRAFT AND AIRPORTS (§§ 41-1-101 — 41-6-101) › AIRCRAFT (§§ 41-1-101 — 41-2-102) › Article 1 - AERONAUTICS ACT OF 1937 (§§ 41-1-101 — 41-1-108) › Section 41-1-102 - Interpretation

This article shall be so interpreted and construed as to effect its general purpose and to make uniform the law of those states which enact it and to harmonize, as far as possible, with federal laws and regulations on the subject of aeronautics.
L. 37: p. 254, § 13. CSA: C. 17, § 21. CRS 53: § 5-1-8. C.R.S. 1963: § 5-1-8.
2023 Colorado Revised Statutes › Title 41 - AERONAUTICS: AIRCRAFT AND AIRPORTS (§§ 41-1-101 — 41-6-101) › AIRCRAFT (§§ 41-1-101 — 41-2-102) › Article 1 - AERONAUTICS ACT OF 1937 (§§ 41-1-101 — 41-1-108) › Section 41-1-103 - Navigation of aircraft

The public safety requiring and the advantages of uniform regulation making it desirable in the interest of aeronautical progress that aircraft operating within this state should conform with respect to design, construction, and airworthiness to the standards prescribed by the United States government with respect to navigation of aircraft subject to its jurisdiction, it is unlawful for any person to navigate an aircraft within the state unless it is licensed and registered by the department of commerce of the United States in the manner prescribed by the lawful rules and regulations of the United States government then in force.
L. 37: p. 251, § 3. CSA: C. 17, § 11. CRS 53: § 5-1-2. C.R.S. 1963: § 5-1-2.
2023 Colorado Revised Statutes › Title 41 - AERONAUTICS: AIRCRAFT AND AIRPORTS (§§ 41-1-101 — 41-6-101) › AIRCRAFT (§§ 41-1-101 — 41-2-102) › Article 1 - AERONAUTICS ACT OF 1937 (§§ 41-1-101 — 41-1-108) › Section 41-1-104 - License for navigation

The public safety requiring and the advantages of uniform regulations making it desirable in the interest of aeronautical progress that a person engaging within this state in navigating aircraft designated in section
41-1-103
in any form of navigation for which license to operate such aircraft would be required by the United States government shall have the qualifications necessary for obtaining and holding the class of license required by the United States government. It is unlawful for any person to engage in operating such aircraft within this state in any form of navigation unless he has such a license.
L. 37: p. 251, § 4. CSA: C. 17, § 12. CRS 53: § 5-1-3. C.R.S. 1963: § 5-1-3.
2023 Colorado Revised Statutes › Title 41 - AERONAUTICS: AIRCRAFT AND AIRPORTS (§§ 41-1-101 — 41-6-101) › AIRCRAFT (§§ 41-1-101 — 41-2-102) › Article 1 - AERONAUTICS ACT OF 1937 (§§ 41-1-101 — 41-1-108) › Section 41-1-105 - Display of license

The certificate of the license shall be kept in the personal possession of the licensee when he is operating aircraft within this state, and must be presented for inspection upon the demand of any passenger, any official of the United States department of commerce, any peace officer of this state, or any official, manager, or person in charge of any airport or landing field in this state upon which he lands.
L. 37: p. 251, § 5. CSA: C. 17, § 13. CRS 53: § 5-1-4. C.R.S. 1963: § 5-1-4.
2023 Colorado Revised Statutes › Title 41 - AERONAUTICS: AIRCRAFT AND AIRPORTS (§§ 41-1-101 — 41-6-101) › AIRCRAFT (§§ 41-1-101 — 41-2-102) › Article 1 - AERONAUTICS ACT OF 1937 (§§ 41-1-101 — 41-1-108) › Section 41-1-106 - Sovereignty in space in state

Sovereignty in the space above the lands and waters of this state is declared to rest in the state, except where assumed by United States law.
L. 37: p. 251, § 6. CSA: C. 17, § 14. CRS 53: § 5-1-5. C.R.S. 1963: § 5-1-5.
2023 Colorado Revised Statutes › Title 41 - AERONAUTICS: AIRCRAFT AND AIRPORTS (§§ 41-1-101 — 41-6-101) › AIRCRAFT (§§ 41-1-101 — 41-2-102) › Article 1 - AERONAUTICS ACT OF 1937 (§§ 41-1-101 — 41-1-108) › Section 41-1-107 - Ownership of space

The ownership of space above the lands and waters of this state is declared to be vested in the several owners of the surface beneath, subject to the right of flight of aircraft.
L. 37: p. 251, § 7. CSA: C. 17, § 15. CRS 53: § 5-1-6. C.R.S. 1963: § 5-1-6.
For estates above the surface, see article 32 of title 38.
2023 Colorado Revised Statutes › Title 41 - AERONAUTICS: AIRCRAFT AND AIRPORTS (§§ 41-1-101 — 41-6-101) › AIRCRAFT (§§ 41-1-101 — 41-2-102) › Article 1 - AERONAUTICS ACT OF 1937 (§§ 41-1-101 — 41-1-108) › Section 41-1-108 - Penalty for violation

Any person who violates any provision of this article is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.
L. 37: p. 251, § 12. CSA: C. 17, § 20. CRS 53: § 5-1-7. C.R.S. 1963: § 5-1-7.
2023 Colorado Revised Statutes › Title 41 - AERONAUTICS: AIRCRAFT AND AIRPORTS (§§ 41-1-101 — 41-6-101) › AIRCRAFT (§§ 41-1-101 — 41-2-102) › Article 2 - OPERATING AN AIRCRAFT UNDER THE INFLUENCE OF ALCOHOL OR DRUGS (§§ 41-2-101 — 41-2-102) › Section 41-2-101 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Aircraft" means any vehicle used or designed for carrying any person, persons, or freight and used or designed for aviation or flight in the air in control of a crew member, whether it is or is not a certificated vehicle under the rules of the federal aviation administration, and the federal department of transportation, or its successor.
(2)
"Controls" means the wheel, yoke, stick, cyclic, collective, throttle, mixture, propeller, lever, switch, gage, circuit breaker, doors, emergency exits, or any other thing that pertains to the safe operation of an aircraft.
(3)
"Crewmember" means any person assigned to perform any duty in an aircraft during flight time.
(4)
"Flight time" means any time from the moment an aircraft is occupied and in control.
(5)
"Operating an aircraft" means being in actual physical control or having immediate access to the controls of an aircraft, or being involved in the safe operation of any part of an aircraft as a crewmember.
L. 90: Entire article RC&RE, p. 1769, § 1, effective July 1.