(1) It is the duty of every public utility operating in, through, or into the state of Colorado to file with the commission a designation in writing, under oath, of the name and post office address of a person upon whom service of notices or orders in proceedings pending before the commission may be made. Such designation may from time to time be changed by like writing similarly filed. In default of such designation, service of any notice or order may be made by posting such order or notice in the office of the director of the commission and by mailing a copy of such notice or order to such public utility by certified mail, return receipt requested, at its last-known address.
(2) Every public utility operating in, through, or into the state of Colorado shall also file with the director of the commission a designation in writing, under oath, of the name and post office address of a person in the state of Colorado upon whom process issued by or under the authority of any court or board having jurisdiction of the subject matter may be served in any judicial or other proceeding brought against such public utility in this state. Such designation may from time to time be changed by like writing similarly filed. In default of such designation, service may be made upon any agent, representative, or employee of such public utility found within the state. Nothing in this article shall apply to railroad corporations.
Source: L. 45: p. 526, � 3. CSA: C. 137, � 36. CRS 53: � 115-5-6. C.R.S. 1963: � 115-5-6. L. 69: p. 938, � 32. L. 2003: Entire section amended, p. 1704, � 17, effective May 14.
40-5-107. Electric vehicle programs - service connection cost recovery - definitions - repeal. (1) (a) No later than May 15, 2020, and on or before May 15 every three years thereafter, an electric public utility shall file with the commission an application for a program for regulated activities to support widespread transportation electrification within the area covered by the utility's certificate of public convenience and necessity.
(b) To comply with this subsection (1), an application must seek to minimize overall costs and maximize overall benefits and may include:
(I) Investments or incentives to facilitate the deployment of customer-owned or utility-owned charging infrastructure, including charging facilities, make-ready infrastructure, and associated electrical equipment that support transportation electrification;
(II) Investments or incentives to facilitate the electrification of public transit and other vehicle fleets;
(III) Rate designs, or programs that encourage vehicle charging that supports the operation of the electric grid; and
(IV) Customer education, outreach, and incentive programs that increase awareness of the programs and of the benefits of transportation electrification and encourage greater adoption of electric vehicles.
(2) When considering transportation electrification programs and determining cost recovery for investments and other expenditures related to programs proposed by an electric public utility under subsection (1) of this section, the commission shall consider whether the investments and other expenditures are:
(a) Reasonably expected to improve the use of the electric grid, including improved integration of renewable energy;
(b) Reasonably expected to increase access to the use of electricity as a transportation fuel;
(c) Designed to ensure system safety and reliability;
(d) (I) Reasonably expected to contribute to meeting air quality standards, improving air quality in communities most affected by emissions from the transportation sector, and reducing statewide emissions of greenhouse gases by forty percent below 2005 levels by 2030 and eighty percent below 2005 levels by 2050.
(II) This subsection (2)(d) is repealed, effective July 1, 2031.
(e) Reasonably expected to stimulate innovation, competition, and increased consumer choices in electric vehicle charging and related infrastructure and services; attract private capital investments; and utilize high-quality jobs and skilled worker training programs;
(f) Transparent, incorporating public reporting requirements to inform design and commission policy; and
(g) Reasonably expected to provide access for low-income customers, in the totality of the utility's transportation electrification programs, which may include community-based and multi-family charging infrastructure, car share programs, and electrification of public transit, while giving due consideration to the affect on low-income customers.
(2.5) An electric public utility may recover its prudently incurred costs to facilitate a timely electric vehicle charging service connection, which costs may include the costs of equipment that the electric public utility procures for future upgrades needed to provide service connections for electric vehicle charging. An electric public utility may recover the costs of any such equipment inventory as capital work in progress if the inventory is projected to be used within three years of its procurement and with a return at the most recently authorized weighted average cost of capital.
(3) (a) Electric vehicle infrastructure electrical work on the customer side of the utility meter, including the installation of the charging station apparatus and related hardware, must:
(I) Be performed by a licensed master electrician, licensed journeyman electrician, licensed residential wireman, or properly supervised electrical apprentice as each term is defined in section 12-115-103; and
(II) Comply with article 115 of title 12, including sections 12-115-109 and 12-115-115, and all applicable rules of the state electrical board.
(b) For all electric vehicle infrastructure or charging stations owned by the utility, the utility shall use utility employees or qualified contractors if the contractors' employees have access to an apprenticeship program as defined in section 8-83-308 (3)(a). This apprenticeship requirement does not apply to:
(I) The design, planning, or engineering of the infrastructure;
(II) Management functions to operate the infrastructure; or
(III) Any work included in a warranty.
(c) An electric vehicle infrastructure project that is an energy sector public works project, as defined in section 24-92-303 (5), must comply with the applicable requirements of the Colorado Energy Sector Public Works Project Craft Labor Requirements Act, part 3 of article 92 of title 24.
(4) As used in this section, unless the context otherwise requires:
(a) Industry means either one or more individual employers or an industry association.
(b) (I) Skilled worker training program means an accredited educational, occupational education, as defined in section 23-60-103 (2), apprenticeship, or similar training program that:
(A) Trains or retrains individuals to perform a skill that is needed in the workforce; and
(B) Awards an industry- or state-recognized certificate, credential, associate degree, professional license, or similar evidence of achievement upon completion of the program.
(II) Skilled worker training program does not include an educational program that awards a bachelor's or higher degree upon completion of the program.
Source: L. 2019: Entire section added, (SB 19-077), ch. 383, p. 3435, � 4, effective May 31. L. 2020: (2)(e) and IP(3)(b) amended and (4) added, (HB 20-1395), ch. 137, p. 594, � 7, effective June 26. L. 2023: (2.5) added, (SB 23-016), ch. 165, p. 746, � 19, effective August 7; (3)(c) added, (SB 23-292), ch. 247, p. 1366, � 10, effective January 1, 2024.
Cross references: For the legislative declaration in SB 19-077, see section 1 of chapter 383, Session Laws of Colorado 2019.
40-5-108. Electric utility participation in organized wholesale markets required - conditions - authority of commission - legislative declaration - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Organized wholesale market or OWM means a regional transmission organization, also known as an RTO, or an independent system operator, also known as an ISO, established for the purpose of coordinating and efficiently managing the dispatch and transmission of electricity among public utilities on a multistate or regional basis and that:
(I) Is approved by the federal energy regulatory commission;
(II) Effects separate control of transmission facilities from control of generation facilities;
(III) Implements, to the extent reasonably possible, policies and procedures designed to minimize pancaked transmission rates within Colorado;
(IV) Improves, to the extent reasonably possible, service reliability within Colorado;
(V) Is of sufficient scope or otherwise operates to substantially increase economical supply options for customers;
(VI) Has a structure of governance or control that is independent of the ownership and operation of the transmission facilities, and no member of its board of directors has an affiliation with a user or with an affiliate of a user during the member's tenure on the board so as to unduly affect the OWM's performance. As used in this subsection (1)(a)(VI), user means any entity or affiliate of that entity that buys or sells electric energy in the OWM's region or in a neighboring region.
(VII) Improves emission-reduction and customer-savings benefits to Colorado customers from operation within the western interconnection without significantly impairing actions taken by public utilities to meet the emission-reduction goals of sections 25-7-102 and 40-2-125.5 and to continue to advance the objectives of those sections;
(VIII) Has an inclusive and open stakeholder process that does not place unreasonable burdens on, or preclude meaningful participation by, any stakeholder group;
(IX) Includes all transmission and generation resources approved, acquired, or constructed and in service by 2030 to meet the emission reduction requirements of sections 25-7-102 and 40-2-125.5; and
(X) Consistent with and in support of FERC policies and orders and local planning by Colorado public utilities, is capable of: Planning for improved efficiency of use, future expansion, and consideration of all options for meeting transmission needs; providing effective cost allocations that reflect benefits of transmission investments; maintaining real-time reliability of the electric transmission system while promoting more efficient use of the transmission system in Colorado and neighboring areas in the western interconnection; ensuring comparable and nondiscriminatory transmission access and necessary services; minimizing system congestion; and further addressing real or potential transmission constraints.
(b) Transmission utility means a public utility that:
(I) Is a wholesale electricity supplier or transmitter; and
(II) Owns and operates electric transmission lines capable of transmitting electric energy at a voltage of one hundred kilovolts or more.
(2) (a) (I) Except as otherwise provided in subsection (2)(a)(II) of this section, and except for municipally owned utilities and power authorities, all Colorado transmission utilities shall join an organized wholesale market on or before January 1, 2030.
(II) Upon application by a transmission utility, the commission may waive or delay the requirement stated in subsection (2)(a)(I) of this section if:
(A) The commission has determined that the transmission utility has made all reasonable efforts to comply with the requirement but there is no viable and available OWM that the transmission utility can join by January 1, 2030; and
(B) The commission has determined that requiring the transmission utility to join an OWM is not in the public interest based on the commission's evaluation of appropriate factors, including whether the OWM has established policies regarding tracking and reporting of emissions with a system to attribute emissions to transmission owners, promoting load flexibility and demand-side resources, promoting the integration of clean energy resources, and reducing the costs and inefficiencies of transactions between balancing areas and between market constructs, if any.
(b) The commission is directed to participate on behalf of the state of Colorado, as it deems appropriate, in proceedings before the FERC involving the management of physical connections, sharing of data, and interpretation and implementation of tariff and business practices between OWMs whose boundaries meet within Colorado.
(c) The general assembly finds, determines, and declares that the participation of transmission utilities in OWMs and the implementation of the Colorado Electric Transmission Authority Act, article 42 of this title 40, will assist transmission utilities and the Colorado electric transmission authority in ensuring the resilience of the electric grid and its resistance to both natural disasters and intentional attacks. Accordingly, the commission is directed to use all available means to support these entities in preparing for, and documenting their ability to mitigate, any threats identified in the Colorado energy assurance emergency plan.
(3) (a) The commission shall consider allowing, and may allow, a transmission utility that joins an OWM to recover OWM subscription fees and other prudently incurred costs of participation in the OWM through rates or through a new or existing transmission rider.
(b) The commission shall allow a transmission utility that commences operation with an OWM to collect and retain a specified percentage of the demonstrated net present value savings accruing to Colorado customers from participation in the OWM for a period of five years beginning on the date the transmission utility commences operation with the OWM. The commission shall allow a transmission utility to retain up to thirty-five percent of such savings in years one and two, twenty-five percent in year three, and twenty percent in years four and five.
(c) A transmission utility may apply to the commission to implement a proposed shared savings approach and to establish a proceeding to determine the net present value savings accruing to Colorado customers from the participation of the transmission utility in an OWM for the period beginning on the date the transmission utility commences operation with the OWM and ending on July 31, 2033.
(d) In any proceeding conducted by the commission under subsection (3)(c) of this section, the transmission utility shall have the burden of proof to demonstrate net present value savings, and intervenors shall have the opportunity to participate and offer evidence regarding the transmission utility's demonstration of net present value savings. The commission shall issue a final order determining the amount of net present value savings that a transmission utility may collect and retain pursuant to subsection (3)(b) of this section.
(4) Nothing in this section shall be used or interpreted by the commission to delay or impede electric resource planning proceedings filed on or before December 31, 2025, including the approval, acquisition, or construction of generation and transmission resources prior to a transmission utility's entry into an OWM and any acquisitions that are part of or ancillary to an electric resource plan that includes a clean energy plan approved pursuant to section 25-7-102 or 40-2-125.5.
Source: L. 2021: Entire section added, (SB 21-072), ch. 329, p. 2111, � 2, effective June 24.