Title 40, Utilities
0 chapters · 273 sections in this title.
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…
Colo. Rev. Stat. § 40-42-101 Short title
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The short title of this article 42 is the Colorado Electric Transmission Authority Act. Source: L. 2021: Entire article added, (SB 21-072), ch. 329, p. 2114, � 4, effective June 24.
Colo. Rev. Stat. § 40-42-102 Definitions
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As used in this article 42, unless the context otherwise requires: (1) Acquire means to obtain eligible facilities by lease, construction, reconstruction, purchase, or, as authorized by section 40-42-104 (1)(p) and subject to the requirements of articles 1 to 7 of title 38, the e…
Colo. Rev. Stat. § 40-42-103 Authority - creation - board - open meetings and open records
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(1) The Colorado electric transmission authority is hereby created as an independent public body politic and corporate. The authority is a public instrumentality, and its exercise of the powers as authorized by this article 42 is the performance of an essential public function. T…
Colo. Rev. Stat. § 40-42-104 General and specific powers and duties of the authority
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(1) Except as otherwise limited by this article 42, the authority, acting through the board, has the power to: (a) Hold and exercise all rights, duties, privileges, immunities, liabilities, and disabilities of a body corporate and a political subdivision of the state; (b) Have an…
Colo. Rev. Stat. § 40-42-106 Electric transmission authority operational fund - creation
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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 an…
Colo. Rev. Stat. § 40-42-107 Labor standards - apprenticeship - supervision
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(1) The authority shall ensure that, in any construction, expansion, renovation, rebuilding, reconditioning, or maintenance of facilities undertaken in Colorado pursuant to this article 42, all labor is performed either by the employees of an electric utility, by qualified contra…
Colo. Rev. Stat. § 40-42-108 Report to general assembly
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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 re…
Colo. Rev. Stat. § 40-43-101 Short title
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The short title of this article 43 is the Colorado Resource Adequacy Act of 2023. Source: L. 2023: Entire article added, (HB 23-1039), ch. 111, p. 396, � 1, effective August 7.
Colo. Rev. Stat. § 40-43-102 Legislative declaration
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(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…
Colo. Rev. Stat. § 40-43-103 Definitions
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As used in this article 43, unless the context otherwise requires: (1) Accredited capacity means the capacity value given to a particular resource based on nameplate capacity and the effective load-carrying capability that is applicable to the resource, as identified and explaine…