Title 40, Utilities
0 chapters · 273 sections in this title.
Colo. Rev. Stat. § 40-41-101 Short title
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The short title of this article 41 is the Colorado Energy Impact Bond Act. Source: L. 2019: Entire article added, (SB 19-236), ch. 359, p. 3317, � 26, effective May 30.
Colo. Rev. Stat. § 40-41-102 Definitions
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As used in this article 41, unless the context otherwise requires: (1) Adjustment mechanism means a formula-based mechanism for making automatic adjustments to CO-EI charges authorized in a financing order and for making any adjustments that are necessary to correct for overcolle…
Colo. Rev. Stat. § 40-41-103 Financing orders - application requirements
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(1) An electric utility, in its sole discretion, may apply to the commission for a financing order as authorized by this section. (2) (a) An investor-owned or other regulated electric utility may file an application for approval to issue CO-EI bonds in one or more series, impose,…
Colo. Rev. Stat. § 40-41-104 Issuance of financing orders
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(1) Following notice and hearing on an application for a financing order as required by the commission's rules, practice, and procedure, the commission may issue a financing order if the commission finds that: (a) The CO-EI costs described in the application related to the retire…
Colo. Rev. Stat. § 40-41-105 Effect of financing order
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(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 ba…
Colo. Rev. Stat. § 40-41-106 Effect on commission jurisdiction - rules
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(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 p…
Colo. Rev. Stat. § 40-41-107 Electric utility customer protection
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(1) In addition to any other authority of the commission: (a) The commission may attach such conditions to the approval of a financing order as the commission deems appropriate to maximize the benefits and minimize the risks of the transaction to customers, directly impacted Colo…
Colo. Rev. Stat. § 40-41-108 Judicial review of financing orders
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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…
Colo. Rev. Stat. § 40-41-109 Electric utilities - duties - rate impact notice to customers
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(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, …
Colo. Rev. Stat. § 40-41-110 CO-EI property
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(1) CO-EI property that is described in a financing order constitutes an existing present property right or interest in an existing present property right even though the imposition and collection of CO-EI charges depends on the electric utility to which the financing order is is…
Colo. Rev. Stat. § 40-41-113 Effect of other laws and judicial decisions
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(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 confli…
Colo. Rev. Stat. § 40-41-114 Choice of law
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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. Source: L. 2019:…
Colo. Rev. Stat. § 40-41-115 Security interests in CO-EI property
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(1) The creation, perfection, and enforcement of any security interest in CO-EI property to secure the repayment of the principal of and interest on CO-EI bonds, amounts payable under any ancillary agreement, and other financing costs are governed by this section and not by the U…
Colo. Rev. Stat. § 40-41-116 Sales of CO-EI property
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(1) (a) A sale, assignment, or transfer of CO-EI property is an absolute transfer and true sale of, and not a pledge of or secured transaction relating to, the seller's right, title, and interest in, to, and under the CO-EI property if the documents governing the transaction expr…