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 8.5 - UNCLAIMED UTILITY DEPOSITS (§§ 40-8.5-101 — 40-8.5-107) › Section 40-8.5-103 - Definitions

As used in this article 8.5, unless the context otherwise requires:
(1)
"Commission" means the legislative commission on low-income energy and water assistance established in section
40-8.5-103.5
.
(2)
"Deposit" means moneys deposited by a subscriber with a utility to secure payment for services or any other amount which is paid in advance for electric or gas utility services to be furnished.
(3)
"Electric utility" means every electrical corporation operating for the purpose of supplying electricity to the public for domestic, mechanical, or public uses and includes every public utility supplying electricity; except that this definition includes only those cooperative electric associations which notify the commission that they elect to come under this article.
(4)
"Gas utility" means every gas corporation operating for the purpose of supplying gas to the public for domestic, mechanical, or public uses and includes every public utility supplying gas.
(4.5)
"Organization" has the meaning set forth in section
40-8.7-103(4)
.
(5)
(a)
"Unclaimed moneys" means:
(I)
Deposits, including any interest thereon, less any lawful deductions or amounts owed to a utility, that the utility has been directed to return to the subscriber by an administrative or judicial order or that is due the subscriber through the utility's security or construction deposit policy and that remains unclaimed by the subscriber for more than two years;
(II)
Moneys which shall be deemed unclaimed and presumed abandoned when left with the utility for more than two years after termination of the services for which the deposit or advance was made or for more than two years after the deposit becomes payable and the utility has made reasonable efforts to locate the owner of the unclaimed moneys or distribution is attempted pursuant to a final order of an administrative agency or judicial body having jurisdiction to establish the terms and conditions of such deposit or advance.
(b)
This term shall not include credits to existing subscribers through cost-adjustment mechanisms, and this term shall not include unclaimed patronage capital held by cooperative electric associations.
Amended by 2021 Ch. 488,§4, eff. 9/7/2021.
L. 90: Entire article added, p. 1758, § 1, effective May 31. L. 2021: IP and (1) amended and (4.5) added, (HB 21-1105), ch. 3496, p. 3496, § 4, effective September 7.
2021 Ch. 488, 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 8.5 - UNCLAIMED UTILITY DEPOSITS (§§ 40-8.5-101 — 40-8.5-107) › Section 40-8.5-104 - Commencement of program - establishment of system for distribution of moneys to eligible recipients

The commission shall establish a fund through a nonprofit corporation established for the purpose of collecting and distributing moneys to eligible recipients, who shall be designated by the administrator of the low-income energy assistance program in the department of human services, for use in the payment of electric and gas utility bills for services received.
L. 90: Entire article added, p. 1760, § 1, effective May 31. L. 93: Entire section amended, p. 2071, § 32, effective July 1. L. 94: Entire section amended, p. 2720, § 306, effective July 1.
For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994.
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 8.5 - UNCLAIMED UTILITY DEPOSITS (§§ 40-8.5-101 — 40-8.5-107) › Section 40-8.5-105 - Eligibility

The department of human services shall promulgate rules and regulations establishing the criteria for eligibility for recipients of assistance pursuant to this article, which criteria shall be based in part on household size and income and the energy costs of the household residence for the preceding year.
L. 90: Entire article added, p. 1760, § 1, effective May 31. L. 94: Entire section amended, p. 2720, § 307, effective July 1.
For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994.
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 8.5 - UNCLAIMED UTILITY DEPOSITS (§§ 40-8.5-101 — 40-8.5-107) › Section 40-8.5-106 - Unclaimed deposits

Unclaimed deposits shall be paid by the electric and gas utilities into the fund designated by the commission pursuant to section
40-8.5-104
.
L. 90: Entire article added, p. 1760, § 1, effective May 31. L. 93: Entire section amended, p. 2072, § 33, 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 8.5 - UNCLAIMED UTILITY DEPOSITS (§§ 40-8.5-101 — 40-8.5-107) › Section 40-8.5-107 - Disbursement of moneys

The nonprofit corporation designated by the commission pursuant to section
40-8.5-104
shall disburse moneys to the state department of human services to make energy assistance payments on behalf of or to persons determined by the department to be eligible for such assistance in accordance with section
40-8.5-105
.
L. 90: Entire article added, p. 1760, § 1, effective May 31. L. 91: Entire section amended, p. 1901, § 2, effective July 1. L. 94: Entire section amended, p. 2720, § 308, effective July 1.
For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 345, Session Laws of Colorado 1994.
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 8.7 - LOW-INCOME ENERGY ASSISTANCE (§§ 40-8.7-101 — 40-8.7-112) › Section 40-8.7-101 - Short title

This article shall be known and may be cited as the "Low-income Energy Assistance Act".
L. 2005: Entire article added, p. 478, § 1, effective May 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 8.7 - LOW-INCOME ENERGY ASSISTANCE (§§ 40-8.7-101 — 40-8.7-112) › Section 40-8.7-102 - Legislative declaration

(1)
The general assembly hereby finds, determines, and declares that, in order to serve the best interests of the citizens of Colorado and, in particular, to aid low-income citizens of Colorado, there is a need for an energy assistance program to collect an optional low-income energy assistance contribution from utility customers in Colorado.
(2)
The general assembly further finds that the most efficient way to support such a program is for gas and electric utilities to provide the opportunity for each utility customer to contribute an optional amount on the customer's billing statement for low-income energy assistance that will be displayed monthly on the utility bill until the customer indicates otherwise and that the moneys collected shall be most economically and equitably disbursed through a system in which the contributions collected by electric utilities and gas utilities are transmitted to energy outreach Colorado.
(3)
The general assembly further finds that, although municipal and special district water utilities are not regulated by the public utilities commission, allowing all water utilities to participate in a water assistance program on a voluntary basis will provide an efficient means for some water utilities to provide financial assistance to their customers in low-income households.
Amended by 2021 Ch. 488,§6, eff. 9/7/2021.
L. 2005: Entire article added, p. 478, § 1, effective May 5. L. 2021: (3) added, (HB 21-1105), ch. 3499, p. 3499, § 6, effective September 7.
2021 Ch. 488, 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 8.7 - LOW-INCOME ENERGY ASSISTANCE (§§ 40-8.7-101 — 40-8.7-112) › Section 40-8.7-103 - Definitions

As used in this article 8.7, unless the context otherwise requires:
(1)
"Alternative energy assistance program" means a program operated by a municipally owned electric and gas utility or cooperative electric association that is not part of the energy assistance program established pursuant to this article.
(2)
"Customer" means the named holder of an individually metered account upon which charges for electricity, gas, or water are paid to a utility or water utility. "Customer" does not include a customer that receives electricity or gas for the sole purpose of reselling the electricity or gas to others.
(3)
"Energy assistance program" or "program" means the low-income energy assistance program created by section
40-8.7-104
and designed to provide financial assistance, residential energy efficiency, and energy conservation assistance.
(3.3)
"Energy assistance system benefit charge" or "charge" means the charge that investor-owned utilities doing business in Colorado collect from their customers on a monthly basis pursuant to section
40-8.7-104
(2.5).
(4)
"Organization" means energy outreach Colorado, a Colorado nonprofit corporation, formerly known as the Colorado energy assistance foundation.
(4.7)
"Public utilities commission" or "commission" means the public utilities commission created in section
40-2-101
.
(5)
"Remittance device" means the section of a customer's utility billing statement that is returned to the utility company for payment.
(6)
"Utility" means a corporation, association, partnership, cooperative electric association, or municipally owned entity that provides retail electric service or retail gas service to customers in Colorado. "Utility" does not mean a propane company.
(7)
"Water utility" means a water corporation or municipal water provider that provides retail water or wastewater service to customers in Colorado.
Amended by 2021 Ch. 488,§7, eff. 9/7/2021.
L. 2005: Entire article added, p. 479, § 1, effective May 5. L. 2006: (1) amended, p. 1509, § 61, effective June 1. L. 2021: IP and (2) amended and (3.3), (4.7), and (7) added, (HB 21-1105), ch. 3499, p. 3499, § 7, effective September 7.
2021 Ch. 488, 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 8.7 - LOW-INCOME ENERGY ASSISTANCE (§§ 40-8.7-101 — 40-8.7-112) › Section 40-8.7-104.3 - Water assistance program - creation - water assistance contribution

(1)
(a)
On and after September 7, 2021, a water utility doing business in Colorado may participate in a water assistance program created and managed by the organization to provide water utility bill payment assistance to low-income households. A water utility's voluntary participation in the water assistance program will provide a water utility customer with an opportunity to make an optional contribution on the customer's monthly or quarterly remittance device on the water utility billing statement.
(b)
(I)
A water utility participating in the water assistance program shall provide the opportunity for its customers to donate the contribution described in subsection (1)(a) of this section in accordance with the check-off mechanism set forth in section
40-8.7-105(2)
.
(II)
Section
40-8.7-105(1), (3), (4), and (5)
does not apply to a water utility's participation in the water assistance program.
(2)
A water utility may create its own water assistance program to meet its customers' water assistance needs. In determining eligibility for assistance, a water utility may adopt the criteria specified in section
40-3-106(1)(d)
or alternative criteria as determined by the water utility.
(3)
A water utility participating in the organization's water assistance program pursuant to subsection (1) of this section or creating its own water assistance program pursuant to subsection (2) of this section may seek reimbursement for any reasonable costs that it incurs in connection with the program, including initial costs of setting up the collection mechanism and reformatting its billing systems to solicit an optional contribution.
(4)
The organization shall use the money collected from each water utility pursuant to this section to help finance direct water utility bill payment assistance to low-income households served by that water utility.
Added by 2021 Ch. 488,§9, eff. 9/7/2021.
L. 2021: Entire section added, (HB 21-1105), ch. 3501, p. 3501, § 9, effective September 7.
2021 Ch. 488, 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 8.7 - LOW-INCOME ENERGY ASSISTANCE (§§ 40-8.7-101 — 40-8.7-112) › Section 40-8.7-105 - Customer opt-in provision

(1)
The public utilities commission shall determine the mechanism for an opt-in provision whereby the energy assistance contributions described in section
40-8.7-104
will be collected from those customers who give notice of their intent to participate in the energy assistance program.
(2)
Each utility shall solicit voluntary donations through a check-off mechanism displayed on the monthly remittance device. Recommended check-off categories of five dollars, ten dollars, twenty dollars, and "other amount" shall be displayed.
(3)
Once a customer voluntarily opts into the program, the appropriate contribution shall be assessed on a monthly basis until the customer notifies the utility of his or her desire to remove the contribution. Each utility shall establish procedures to notify customers about their ability to cancel any voluntary contribution.
(4)
Once the utility customer opts into the program, the energy assistance contribution shall appear as a separate line item and shall be identified in the billing statement as a contribution. The line item shall identify the optional low-income contribution, state the amount of the optional contribution, and be included in the total amount due.
(5)
In accordance with article
4
of title
24
C.R.S., on or before November 1, 2005, the public utilities commission shall initiate at least one rule-making proceeding to accomplish the following:
(a)
Establish a program whereby customers will be solicited to contribute a flat amount on the monthly remittance device on the utility billing statement;
(b)
Encourage each utility to provide notification, where feasible, to customers participating in the program about the customer's ability to continue to contribute when the customer changes his or her address within the service territory;
(c)
Require the utility to make additional efforts to inform utility customers about the program to ensure that adequate notice of the opt-in provision is given to all customers;
(d)
In addition to notification on the monthly remittance device on the billing statement, require each utility to notify its customers about the opt-in provision prior to September 1, 2006, and require each utility to provide clear, periodic notice of the opt-in provision at least twice per year through bill inserts, in a statement on the bill or envelope, or in other utility communication pieces or through an alternative method approved by the commission. The costs of the insert and any other notification efforts will be considered in the utility's cost of service.
(e)
Require each utility to consider the most cost-effective method possible when implementing the program; and
(f)
Ensure that there is a mechanism for customers who make electronic payments to the utility to remove the optional charge from their monthly payments.
L. 2005: Entire article added, p. 480, § 1, effective May 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 8.7 - LOW-INCOME ENERGY ASSISTANCE (§§ 40-8.7-101 — 40-8.7-112) › Section 40-8.7-105.5 - Energy assistance system benefit charge - repeal

(1)
(a)
On and after October 1, 2021, and except as provided in section
40-8.7-104
(2.5)(b), each investor-owned energy utility shall include on its customers' monthly bills a flat energy assistance system benefit charge that a customer is assessed to help finance the low-income energy assistance program.
(b)
(I)
Except as provided in subsections (1)(b)(II) and (1)(b)(III) of this section, the monthly energy assistance system benefit charge is seventy-five cents for electric service provided and seventy-five cents for natural gas service provided.
(II)
Repealed.
(III)
Commencing October 1, 2023, the monthly energy assistance system benefit charge shall be adjusted in accordance with changes in the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its successor index.
(2)
Each investor-owned utility shall use the most cost-effective method for implementing the program.
(3)
This section is repealed, effective January 1, 2029.
Added by 2021 Ch. 488, § 10, eff. 9/7/2021.
L. 2021: Entire section added, (HB 21-1105), ch. 3502, p. 3502, § 10, effective September 7.
2021 Ch. 488, 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 8.7 - LOW-INCOME ENERGY ASSISTANCE (§§ 40-8.7-101 — 40-8.7-112) › Section 40-8.7-107 - Disposition of contributions and charges

(1)
Each utility collecting optional energy assistance contributions pursuant to section
40-8.7-104(2)
and each water utility collecting optional contributions pursuant to section
40-8.7-104.3(1)
shall transfer the money collected to the organization on the following schedule:
(a)
For the moneys collected during the period of January 1 to March 31 of each year, the utility shall transfer the collected moneys to the organization before May 1 of such year;
(b)
For the moneys collected during the period of April 1 to June 30 of each year, the utility shall transfer the collected moneys to the organization before August 1 of such year;
(c)
For moneys collected during the period of July 1 to September 30 of each year, the utility shall transfer the collected moneys to the organization before November 1 of such year; and
(d)
For moneys collected during the period of October 1 to December 31 of each year, the utility shall transfer the collected moneys to the organization before February 1 of the next year.
(1.5)
(a)
An investor-owned utility collecting the energy assistance system benefit charge pursuant to section
40-8.7-104
(2.5) shall transfer the money collected in accordance with the schedule established in subsection (1) of this section.
(b)
Except as provided in section
40-8.7-108(2)(b)
, the organization shall use the money collected from each investor-owned utility pursuant to section
40-8.7-104
(2.5) to help finance direct utility bill payment assistance and energy retrofits provided to low-income households within that investor-owned utility's service territory or within the service territory of an affiliated investor-owned utility.
(c)
Notwithstanding section
40-3-114
, a utility regulated by the public utilities commission may use funds collected from its customers for the purpose of complying with a statutory requirement to finance low-income energy assistance programs.
(2)
Each utility shall provide the organization with a summary of how the moneys collected were generated, including the number of customers participating in the program.
(3)
The organization shall pay the public utilities commission from the moneys transferred to the organization pursuant to subsection (1) of this section for any administrative costs incurred pursuant to this article.
Amended by 2021 Ch. 488,§11, eff. 9/7/2021.
L. 2005: Entire article added, p. 482, § 1, effective May 5. L. 2021: IP(1) amended and (1.5) added, (HB 21-1105), ch. 3502, p. 3502, § 11, effective September 7.
2021 Ch. 488, 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 8.7 - LOW-INCOME ENERGY ASSISTANCE (§§ 40-8.7-101 — 40-8.7-112) › Section 40-8.7-108.5 - Energy outreach Colorado - administration of water assistance contributions

(1)
The organization shall hold and administer all money collected for water assistance pursuant to this article 8.7 delivered to it by water utilities pursuant to section
40-8.7-107
in a separately identifiable account, which shall be restricted to the purposes set forth in this article 8.7. The organization shall maintain its books and records pertaining to the water assistance contributions in accordance with generally accepted accounting principles and, in addition, shall maintain records adequate to identify the money collected by each water utility. If the organization commingles the money collected and delivered with other assets of the organization for investment purposes, the organization shall maintain accurate accounts of the investment money and shall credit or charge a pro rata portion of all investment earnings, gains, or losses to the account that holds the water assistance collections.
(2)
The organization shall use the water assistance contributions to provide low-income water assistance. The organization shall pay the financial assistance money to each participating water utility as vendor payments. The organization shall not use the money for water assistance for customers whose water utility does not participate in the program. The organization may use up to five percent of the money collected for administration of the water assistance program in accordance with generally accepted accounting principles.
(3)
The organization shall, on an annual basis, develop a budget for the water assistance program to determine the allocation of the water assistance contributions collected under this article 8.7.
Added by 2021 Ch. 488,§13, eff. 9/7/2021.
L. 2021: Entire section added, (HB 21-1105), ch. 3505, p. 3505, § 13, effective September 7.
2021 Ch. 488, 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 8.7 - LOW-INCOME ENERGY ASSISTANCE (§§ 40-8.7-101 — 40-8.7-112) › Section 40-8.7-109 - Low-income energy assistance program - eligibility

(1)
The organization shall provide energy assistance to individuals and organizations in Colorado. Individuals eligible for low-income energy assistance shall be current or prospective utility customers who:
(a)
Are certified by the department of human services as qualified to receive financial assistance payments;
(b)
Are citizens or legal residents of the United States and residents of Colorado; and
(c)
Have a monthly household gross income at or below one hundred eighty-five percent of the federal poverty line.
(2)
The department of human services shall periodically recertify an individual's eligibility to receive low-income energy assistance.
(3)
In providing low-income energy assistance, the organization shall give priority to households where one or more persons are recipients of:
(a)
An old age pension as set forth in section
26-2-111 (2)
, C.R.S.;
(b)
Aid to the needy disabled as set forth in section
26-2-111 (4)
, C.R.S.;
(c)
Aid to the blind as set forth in section
26-2-111 (5)
, C.R.S.;
(d)
Supplemental social security disability benefits under
42 U.S.C. sec. 1396
et seq.; or
(e)
Colorado works program assistance as set forth in section
26-2-706.6
, C.R.S.
(4)
When installing energy retrofits as part of providing low-income energy assistance, the organization and the Colorado energy office shall prioritize maximizing customer savings, reducing emissions, and improving indoor air quality.
Amended by 2021 Ch. 488, § 14, eff. 9/7/2021.
L. 2005: Entire article added, p. 483, § 1, effective May 5. L. 2008: Entire section amended, p. 1801, § 23, effective July 1; (3)(e) amended, p. 1978, § 27, effective 1/1/2009. L. 2010: (1)(c) amended, (HB 10-1422), ch. 2124, p. 2124, § 183, effective August 11. L. 2021: (4) added, (HB 21-1105), ch. 3506, p. 3506, § 14, effective September 7.
Subsection (1)(e), amended by Senate Bill 08-177, was renumbered as subsection (3)(e) and harmonized with House Bill 08-1227, effective January 1, 2009.
2021 Ch. 488, 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 8.7 - LOW-INCOME ENERGY ASSISTANCE (§§ 40-8.7-101 — 40-8.7-112) › Section 40-8.7-111 - Jurisdiction of the public utilities commission

Nothing in this article shall be construed to expand or alter the jurisdiction of the public utilities commission.
L. 2005: Entire article added, p. 484, § 1, effective May 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 9 - CARRIERS GENERALLY (§§ 40-9-101 — 40-9-110) › Section 40-9-101 - Application of sections

Sections 40-9-101 to 40-9-110 apply to any common carrier engaged in the transportation of passengers or property by railroad from one point within the state to any other point within the state. These sections do not apply to the ownership or operation of street transportation public utilities conducted solely as common carriers in the transportation of passengers.
Amended by 2019 Ch. 45,§ 1, eff. 7/1/2019.
L. 07: p. 531, § 1. R.S. 08: § 5445. L. 10: p. 45, § 1. C.L. § 2978. CSA: C. 29, § 1. CRS 53: § 115-12-1. C.R.S. 1963: § 115-12-1. L. 69: p. 963, § 73. L. 2019: Entire section amended, (HB 19-1034), ch. 152, p. 152, § 1, effective July 1.
For lien of common carrier on goods and baggage, see § 38-20-105; for motor vehicle carriers, see article 10 of title 40; for railroads, see article 20 of title 40.
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 9 - CARRIERS GENERALLY (§§ 40-9-101 — 40-9-110) › Section 40-9-102 - Definitions

As used in sections
40-9-101
to
40-9-105
, unless the context otherwise requires:
(1)
"Common carriers" also includes express companies, private freight car lines, and pipe lines.
(2)
"Railroad" includes all bridges used or operated in connection with any railroad; all the roads in use by any corporation operating a railroad, whether owned or operated under a contract, agreement, or lease; all switches, spurs, tracks, and terminal facilities of every kind used or necessary in transportation of persons or property; all freight depots, yards, and grounds used or necessary in the transportation of persons or property; and all freight depots, yards, and grounds, used or necessary in the transportation or delivery of any of said property.
(3)
"Transportation" includes all cars, and all other vehicles and instrumentalities and facilities of a shipment or carriage, irrespective of ownership or of any contract, express or implied, for the use thereof, and all service in connection with the receipt, delivery, elevation, and transfer in transit, ventilation, refrigeration or icing, demurrage, storing, or handling of property transported. It is the duty of every common carrier, subject to the provisions of sections
40-9-101
to
40-9-105
, to provide such transportation upon reasonable request therefor, and to establish through routes and just and reasonable rates applicable thereto, and to provide a sufficient number of cars and a reasonable time schedule for trains.
L. 07: p. 532, § 2. R.S. 08: § 5446. L. 10: p. 46, § 2. C.L. § 2979. CSA: C. 29, § 2. CRS 53: § 115-12-2. C.R.S. 1963: § 115-12-2.
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 9 - CARRIERS GENERALLY (§§ 40-9-101 — 40-9-110) › Section 40-9-103 - Liability for damages

(1)
In case any common carrier subject to the provisions of sections
40-9-101
to
40-9-105
does, causes, or permits any act, matter, or thing prohibited or declared to be unlawful in said sections or omits any act, matter, or thing required to be done in said sections such common carrier shall be liable to the person injured thereby for the full amount of damages sustained in consequence of any violation of the provisions of sections
40-9-101
to
40-9-105
.
(2)
Every common carrier receiving property for transportation between points within this state shall issue a receipt or a bill of lading therefor and shall be liable to the lawful holder thereof for all loss, damage, or injury to such property caused by it or by any common carrier to which such property may be delivered or over whose lines such property may pass. No contract, receipt, rule, or regulation shall exempt such common carrier from any liability imposed in this section, but the carrier shall not be responsible for any greater sum than the value as fixed in the contract, receipt, or bill of lading where such valuation is stated. Nothing in this section shall deprive any holder of such receipt or bill of lading of any remedy or right of action which he has under existing law. The common carrier issuing such receipt or bill of lading shall be entitled to recover from the common carrier on whose lines the loss, damage, or injury has been sustained the amount of such loss, damage, or injury as it may be required to pay to the owners of such property, as may be evidenced by any receipt, judgment, or transcript thereof.
(3)
Notwithstanding subsection (2) of this section, a rail carrier may establish rates for the transportation of property under which the liability of the carrier for such property is limited to a value established by a written declaration of the shipper or by a written agreement between the shipper and the rail carrier, and such carrier may provide in such written declaration or agreement for specified amounts to be deducted from any claim against the rail carrier for loss or damage to the property or for delay in the transportation of such property.
L. 07: p. 534, § 8. R.S. 08: § 5452. L. 10: p. 49, § 8. C.L. § 2985. CSA: C. 29, § 8. CRS 53: § 115-12-3. C.R.S. 1963: § 115-12-3. L. 84: (3) added, p. 1043, § 8, effective July 1.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 9 - CARRIERS GENERALLY (§§ 40-9-101 — 40-9-110) › Section 40-9-104 - Violation - penalty

Any common carrier subject to the provisions of sections
40-9-101
to
40-9-105
, or, whenever such common carrier is a corporation, any director or officer thereof or any receiver, trustee, lessee, agent, or person acting for or employed by such corporation, or any shipper, consignee, or applicant for cars who alone or with any other corporation, company, person, or party willfully does or causes to be done or willfully suffers or permits to be done any act, matter, or thing prohibited by sections
40-9-101
to
40-9-105
or declared to be unlawful or who aids or abets therein, or willfully omits or fails to do any act, matter, or thing required to be done in said sections, or aids or abets any such omission or failure, or is guilty of any infraction of said sections, or aids or abets therein, or fails or refuses or neglects to obey any order of the commission made under the provisions of said sections is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars for each offense.
L. 07: p. 535, § 9. R.S. 08: § 5453. L. 10: p. 50, § 9. C.L. § 2986. CSA: C. 29, § 9. CRS 53: § 115-12-4. C.R.S. 1963: § 115-12-4.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 9 - CARRIERS GENERALLY (§§ 40-9-101 — 40-9-110) › Section 40-9-105 - Diligence in transporting - penalty for failure

(1)
It is the duty of every common carrier to transport all shipments between points in this state with the utmost diligence and to move perishable products toward their destination continuously without unnecessary delays or longer stops than regular stops at stations or stops for icing or watering and at a minimum speed of not less than ten miles per hour; but excessive storms, unavoidable accidents, or damage to roadbeds which delay such shipments beyond the power of the common carrier to immediately overcome shall exempt such common carrier from compliance with the minimum speed limit, until such storms subside or such damage can be expeditiously repaired.
(2)
For failure of any common carrier to receive and transport such shipments with the utmost diligence, such common carrier issuing the receipt or bill of lading therefor shall pay to the owner, consignee, or other interested party whose interests may appear, such actual damages as the owner, consignee, or other interested party may sustain, and the same may be sued for and be recovered in any court of competent jurisdiction in the district in which the plaintiff resides.
L. 07: p. 544, § 26. R.S. 08: § 5470. L. 10: p. 62, § 25. C.L. § 2996. CSA: C. 29, § 19. CRS 53: § 115-12-5. C.R.S. 1963: § 115-12-5.
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 9 - CARRIERS GENERALLY (§§ 40-9-101 — 40-9-110) › Section 40-9-106 - Transportation of livestock - not less than ten miles per hour

Every common carrier in this state must transport livestock from the initial point of shipment in this state to the point of destination in this state at an average rate of speed of not less than ten miles an hour and within such time, from the hour of loading at the initial point to the hour of arrival at the destination, that the point of destination shall be reached in not more than one-tenth as many hours as there were miles required to be traveled in the transportation of such shipment; except only that necessary stops of reasonable duration for feeding purposes, when required by the length of the journey, or necessary and imperative delays caused only by an act of God or inevitable accident shall not be computed in determining such minimum requirements as to speed.
L. 21: p. 163, § 1. C.L. § 2997. CSA: C. 29, § 20. CRS 53: § 115-12-6. C.R.S. 1963: § 115-12-6.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 9 - CARRIERS GENERALLY (§§ 40-9-101 — 40-9-110) › Section 40-9-107 - Damages for failure to comply

For failure of any common carrier to transport any such shipment within the time required by section
40-9-106
, the common carrier issuing the receipt or bill of lading shall pay to the owner, consignee, or other interested party whose interest may appear such actual damages as the owner, consignee, or other interested party may sustain, together with exemplary damages in a sum of not less than one hundred dollars nor more than one thousand dollars, to be fixed by the jury or by the court if the cause is tried without a jury, and such actual and exemplary damages may be sued for and recovered in any court of competent jurisdiction in the district in which the plaintiff resides.
L. 21: p. 163, § 2. C.L. § 2998. CSA: C. 29, § 21. CRS 53: § 115-12-7. C.R.S. 1963: § 115-12-7.
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 9 - CARRIERS GENERALLY (§§ 40-9-101 — 40-9-110) › Section 40-9-108 - Accidents - notice - investigation

(1)
Every railroad, whenever an accident attended by bodily injury or loss of human life occurs in this state on its line of road or on its ground or in its yards, shall give immediate written notice thereof to the public utilities commission. In the event of any such accident, the commission, if it deems the public interest to require it, shall cause a suitable investigation to be made forthwith and shall give written notice thereof to the person and railroad primarily interested.
(2)
The expense of such investigation shall be certified by a majority of the commission and shall be audited and paid by the state in the same manner as other expenses are audited and paid. The commission is empowered to make and enforce such rules as, in its judgment, will tend to prevent accidents in the operation of the railroads of this state.
L. 07: p. 544, § 27. R.S. 08: § 5471. L. 10: p. 63, § 26. C.L. § 2999. CSA: C. 29, § 22. CRS 53: § 115-12-8. C.R.S. 1963: § 115-12-8. L. 69: p. 963, § 74.
For employer's duty to keep a record of injuries received by employees as well as the duty to report those injuries to the division of labor, see § 8-43-101.
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 9 - CARRIERS GENERALLY (§§ 40-9-101 — 40-9-110) › Section 40-9-109 - Transportation of service animals accompanying individuals with disabilities

When an individual with a disability is accompanied by a service animal or an animal that is being trained as a service animal, as defined in section
24-34-301
, C.R.S., for such individual with a disability, neither the individual with a disability nor the service animal shall be denied the facilities of any common carrier, nor shall the individual with a disability be denied the immediate custody of the service animal while riding upon a common carrier. The provisions of this section also apply to a trainer of a service animal, as defined in section
24-34-301
, C.R.S., for use by a qualified individual with a disability, unless the service animal presents an imminent danger to the public health or safety. The individual with a disability or the trainer of the service animal shall be liable for any damage done to the premises or facilities of the common carrier by the service animal. An animal being individually trained for the purpose of aiding an individual with a disability shall be visibly and prominently identified as a service animal in training.
Amended by 2014 Ch. 250,§ 25, eff. 8/6/2014.
L. 41: p. 343, § 1. CSA: C. 29, § 21(1). CRS 53: § 115-12-9. C.R.S. 1963: § 115-12-9. L. 86: Entire section amended, p. 935, § 2, effective March 20. L. 89: Entire section amended, p. 1045, § 2, effective April 19. L. 2001: Entire section amended, p. 1282, § 62, effective June 5. L. 2014: Entire section amended, (SB 14-118), ch. 250, p. 987, § 25, effective August 6.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 9 - CARRIERS GENERALLY (§§ 40-9-101 — 40-9-110) › Section 40-9-110 - Railroad freight transport - number of crew members required - penalty - legislative declaration - definitions

(1)
The general assembly hereby finds, determines, and declares that it is in the public interest to require that a common carrier engaged in the transportation of freight by railroad have multiple crew members aboard a railroad train or light engine in order to help ensure the public safety of citizens of this state and the safety of the state's waterways and natural environment.
(2)
A railroad train or light engine operated in connection with carrying freight must have at least two crew members aboard while the railroad train or light engine is moving.
(3)
Subsection (2) of this section does not apply to:
(a)
Helper service;
(b)
Trains that are used primarily for the purpose of transporting people from one location to another or are used for tourism purposes such as scenic, historic, or excursion rides;
(c)
A locomotive or group of locomotives that are traveling no more than thirty miles per hour outside of a rail yard and are attached only to a caboose;
(d)
Hostler service; and
(e)
The movement of a train for the purpose of loading or unloading freight so long as the train is moving no more than ten miles per hour.
(4)
A person who willfully violates subsection (2) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of:
(a)
Not less than two hundred fifty dollars nor more than one thousand dollars for a first offense;
(b)
Not less than one thousand dollars nor more than five thousand dollars for a second offense committed within three years; or
(c)
Not less than five thousand dollars nor more than ten thousand dollars for a third or subsequent offense committed within three years.
(5)
As used in this section:
(a)
(I)
"Crew member" means an employee of the common carrier involved in the operation of a railroad train or light engine.
(II)
"Crew member" does not include a hostler service or utility employee or contractor of the carrier.
(b)
(I)
"Helper service" means the use of a locomotive or a group of locomotives to assist another train that is experiencing mechanical failure or lacks the power to traverse difficult terrain.
(II)
"Helper service" includes the travel to or from a location where the assistance is provided.
(c)
"Hostler service" means the movement of locomotives that are not attached to rail cars within a rail yard.
Added by 2019 Ch. 45,§ 2, eff. 7/1/2019.
L. 2019: Entire section added, (HB 19-1034), ch. 152, p. 152, § 2, 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 9.5 - COOPERATIVE ELECTRIC ASSOCIATIONS (§§ 40-9.5-101 — 40-9.5-301) › Part 1 - GENERALLY (§§ 40-9.5-101 — 40-9.5-118) › Section 40-9.5-101 - Legislative declaration

The general assembly hereby finds and declares that cooperative electric associations which are owned by the member-consumers they serve are regulated by the member-consumers themselves acting through an elected governing body. It is further declared that the regulation by the public utilities commission under the "Public Utilities Law", articles
1
to
7
of this title, may be duplicative of the self-regulation by the association and may be neither necessary nor cost-effective. It is therefore the purpose of this part 1 to determine the necessity of regulation by the public utilities commission by allowing cooperative electric associations to exempt themselves from regulation by the public utilities commission.
L. 83: Entire article added, p. 1567, § 1, effective July 1. L. 86: Entire section amended, p. 1162, § 3, effective May 27.
2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 9.5 - COOPERATIVE ELECTRIC ASSOCIATIONS (§§ 40-9.5-101 — 40-9.5-301) › Part 1 - GENERALLY (§§ 40-9.5-101 — 40-9.5-118) › Section 40-9.5-102 - Definitions

As used in this part 1, unless the context otherwise requires:
(1)
"Cooperative electric association" or "association" includes a nonprofit electric corporation or association but does not include nonprofit generation and transmission electric corporations or associations.
(2)
"Joint membership" means a membership in a cooperative electric association in which more than one individual is treated as a single member of the cooperative electric association in accordance with the cooperative electric association's bylaws. Each individual in a joint membership is a joint member.
Amended by 2021 Ch. 65,§1, eff. 9/7/2021.
L. 83: Entire article added, p. 1567, § 1, effective July 1. L. 86: Entire section amended, p. 1162, § 4, effective May 27. L. 2021: Entire section amended, (HB 21-1131), ch. 261, p. 261, §1, effective September 7.
2021 Ch. 65, 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 9.5 - COOPERATIVE ELECTRIC ASSOCIATIONS (§§ 40-9.5-101 — 40-9.5-301) › Part 1 - GENERALLY (§§ 40-9.5-101 — 40-9.5-118) › Section 40-9.5-103 - Exemption from "Public Utilities Law"

Except as otherwise provided in this part 1, the provisions of the "Public Utilities Law", articles
1
to
7
of this title, shall not apply to cooperative electric associations which have, by an affirmative vote of the members and consumers pursuant to section
40-9.5-104
, voted to exempt themselves from such provisions and to be subject to the provisions of this part 1. The period of exemption shall begin on the date the election results are filed with the public utilities commission.
L. 83: Entire article added, p. 1567, § 1, effective July 1. L. 86: Entire section amended, p. 1162, § 5, effective May 27.