Title 40, Utilities
0 chapters · 273 sections in this title.
Colo. Rev. Stat. § 40-1-101 Short title - public utilities law
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Articles 1 to 7 of this title shall be known and may be cited as the Public Utilities Law and shall apply to the public utilities and public services described in said articles 1 to 7 and to the commission referred to in article 2 of this title. Source: L. 13: p. 464, � 1. C.L. �…
Colo. Rev. Stat. § 40-1-102 Definitions
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As used in articles 1 to 7 of this title 40, unless the context otherwise requires: (1) Alternative fuel vehicle means any automobile, truck, motor bus, boat, airplane, train, tractor, or other type of motorized off-highway equipment or other self-propelled device or vessel that …
Colo. Rev. Stat. § 40-1-103 Public utility defined
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(1) (a) (I) The term public utility, when used in articles 1 to 7 of this title, includes every common carrier, pipeline corporation, gas corporation, electrical corporation, telephone corporation, water corporation, person, or municipality operating for the purpose of supplying …
Colo. Rev. Stat. § 40-1-103.3 Alternative fuel vehicles - definition
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(1) As used in this section, property or premises, with respect to an electric, natural gas, or liquefied petroleum gas extension or connection of service, includes alternative fuel vehicle charging and fueling facilities in addition to buildings and other improvements. (2) For t…
Colo. Rev. Stat. § 40-1-104 Securities - issuance
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(1) (a) The term securities, when used in articles 1 to 7 of this title, includes stocks, bonds, notes, and other evidences of indebtedness. (b) The requirements of this section apply only to public utilities providing electricity or gas service. (2) The power of every gas corpor…
Colo. Rev. Stat. § 40-2-102 Oath - qualifications
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Each commissioner, before entering upon the duties of his office, shall take the constitutional oath of office. No person in the employ of or holding any official relation to any corporation or person, which said corporation or person is subject in whole or in part to regulation …
Colo. Rev. Stat. § 40-2-103 Director - duties
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(1) The executive director of the department of regulatory agencies, pursuant to section 13 of article XII of the state constitution, and with the approval of the commission, shall appoint a director of the commission. The director shall manage the operations of the agency in ord…
Colo. Rev. Stat. § 40-2-104 Assistants and employees - utilization of independent experts
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(1) The director of the commission may appoint such experts, engineers, statisticians, accountants, investigative personnel, clerks, and other employees as are necessary to carry out the provisions of this title or to perform the duties and exercise the powers conferred by law up…
Colo. Rev. Stat. § 40-2-104.5 Financial disclosures by intervenors
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(1) An intervenor in any matter before the commission shall disclose any of the following relationships that exist or, within the immediately preceding twenty-four months, existed between the intervenor and the regulated utility in the matter: (a) Any corporate affiliation with t…
Colo. Rev. Stat. § 40-2-105 Office - sessions - seal - supplies
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(1) The office of the commission shall be in the city and county of Denver. The office shall be open every day, legal holidays, Saturdays, and Sundays excepted. Hearings under this title may be held in such places within this state as shall be determined by the commission. It is …
Colo. Rev. Stat. § 40-2-106 Reports and decisions of the commission
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Whenever an investigation is made, a hearing is held, or a decision is entered by the commission, it is the duty of the commission to make a report or decision in writing in respect thereto which shall state its findings of fact and conclusions thereon, together with its decision…
Colo. Rev. Stat. § 40-2-107 Compensation and expenses of employees
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(1) All employees of the commission shall receive such compensation as may be fixed pursuant to law. (2) Repealed. (3) All expenses incurred by the commission pursuant to the provisions of this title, including the actual and necessary traveling expenses and other expenses and di…
Colo. Rev. Stat. § 40-2-108 Rules - legislative declaration
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(1) The commission shall promulgate such rules as are necessary for the proper administration and enforcement of this title and shall furnish, without charge, copies of the appropriate rules to each public utility under its jurisdiction and, upon request, to any public officer, a…
Colo. Rev. Stat. § 40-2-109 Report to executive director of the department of revenue
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(1) Repealed. (2) (a) On March 1 of each year, the public utilities commission shall furnish the executive director of the department of revenue with a list of those public utilities subject to its jurisdiction, supervision, and regulation on January 1 of each year. The provision…
Colo. Rev. Stat. § 40-2-109.5 Incentives for distributed generation - definition
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(1) The commission shall develop a policy to establish incentives for consumers who produce distributed generation, including, but not limited to, small wind turbines, thermal biomass, electric biomass, and solar thermal energy. The commission shall consider whether a credit prog…
Colo. Rev. Stat. § 40-2-110 Appropriation and fees
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(1) At each regular session, the general assembly shall determine the amounts to be expended by the public utilities commission for its administrative expenses in supervising and regulating the public utilities which are under its jurisdiction, a list of which the commission is r…
Colo. Rev. Stat. § 40-2-111 Report of utilities to department of revenue
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Each public utility required to pay such fees shall, on or before May 15 of each year, file a return with the department of revenue on such forms as shall be prescribed by the executive director of the department of revenue and the public utilities commission setting forth the gr…
Colo. Rev. Stat. § 40-2-112 Computation of fees
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(1) (a) On or before June 1 of each year, the executive director of the department of revenue shall ascertain the aggregate amount of gross operating revenues of telephone corporations and all other public utilities filing returns as provided in section 40-2-111. Based on appropr…
Colo. Rev. Stat. § 40-2-113 Collection of fees - limitation
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(1) On or before June 15 of each year, the department of revenue shall notify each public utility subject to this article 2 of the amount of its fee for the ensuing fiscal year beginning July 1, computed by multiplying its gross intrastate utility operating revenues for the prece…
Colo. Rev. Stat. § 40-2-118 Comprehensive energy report. (Repealed)
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Source: L. 79: Entire section added, p. 1510, � 1, effective June 22. Editor's note: Subsection (6) provided for the repeal of this section, effective March 1, 1984. (See L. 79, p. 1510.)
Colo. Rev. Stat. § 40-2-119 Exemption of rail carrier transportation
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(1) The commission shall by rule or regulation establish standards and procedures to be used in determining whether certain transportation provided by a rail carrier in this state should be exempted, in whole or in part, from one or more provisions of this title. Such rules and r…
Colo. Rev. Stat. § 40-2-120 Rail transportation policy
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In regulating rail carriers, the state of Colorado hereby adopts the rail transportation policy of 49 U.S.C. sec. 10101; except that the references therein to the United States government and its agencies shall refer to the state of Colorado and its agencies. Source: L. 84: Entir…
Colo. Rev. Stat. § 40-2-125 Eminent domain restrictions
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(1) A qualifying retail utility shall not have the authority to condemn or exercise the power of eminent domain over any real estate, right-of-way, easement, or other right pursuant to section 38-2-101, C.R.S., to site the generation facilities of a renewable energy system used i…
Colo. Rev. Stat. § 40-2-131 State of 911 report
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(1) Notwithstanding section 24-1-136 (11)(a)(I), on or before September 15, 2018, and on or before September 15 of each year thereafter, the commission shall publish a state of 911 report and submit the report to the members of the general assembly. The report must provide an ove…
Colo. Rev. Stat. § 40-2-132 Distribution system planning - definition - rules
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(1) The commission shall promulgate rules establishing the filing of a distribution system plan. The commission's rules must: (a) Define the following terms: (I) Distributed energy resources that include: (A) Distributed renewable electric generation; (B) Energy storage systems c…
Colo. Rev. Stat. § 40-2-133 Workforce transition planning filing - definition
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(1) A qualifying retail utility regulated by the commission that submits a filing, including a resource plan or application, that includes a proposed accelerated retirement of an electric generating facility shall also include a workforce transition plan as part of its filing. (2…
Colo. Rev. Stat. § 40-2-201 Legislative declaration
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(1) The general assembly finds, determines, and declares that: (a) Energy storage systems provide potential opportunities to: (I) Reduce system costs; (II) Support diversification of energy resources; and (III) Enhance grid safety and reliability; (b) For these reasons, it is in …
Colo. Rev. Stat. § 40-2-202 Definitions
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As used in this part 2, unless the context otherwise requires: (1) Electric utility means an investor-owned electric utility subject to regulation under articles 1 to 7 of this title 40. (2) Energy storage system means commercially available technology that is capable of retainin…
Colo. Rev. Stat. § 40-3-101 Reasonable charges - adequate service
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(1) All charges made, demanded, or received by any public utility for any rate, fare, product, or commodity furnished or to be furnished or any service rendered or to be rendered shall be just and reasonable. Every unjust or unreasonable charge made, demanded, or received for suc…
Colo. Rev. Stat. § 40-3-102 Regulation of rates - correction of abuses
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The power and authority is hereby vested in the public utilities commission of the state of Colorado and it is hereby made its duty to adopt all necessary rates, charges, and regulations to govern and regulate all rates, charges, and tariffs of every public utility of this state …
Colo. Rev. Stat. § 40-3-103 Utilities to file rate schedules - rules
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(1) Under the rules prescribed by the commission, each public utility shall file with the commission, within the time and in the form designated by the commission, and shall print and keep open to public inspection, schedules showing all rates, tolls, rentals, charges, and classi…
Colo. Rev. Stat. § 40-3-103.5 Medical exemption - tiered electricity rates - rules
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(1) Notwithstanding any provision of articles 1 to 7 of this title 40 to the contrary, the commission shall adopt rules to create an exemption from any tiered electricity rate plan based on a customer's medical condition. The commission's rules must provide a mechanism for the re…
Colo. Rev. Stat. § 40-3-104 Changes in rates - notice
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(1) (a) In the case of a public utility other than a rail carrier, subject to the provisions of paragraph (c) of this subsection (1), no change shall be made by any public utility in any rate, fare, toll, rental, charge, or classification or in any rule, regulation, or contract r…
Colo. Rev. Stat. § 40-3-104.5 Special provisions for rail carrier rate increases
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Notwithstanding section 40-3-105 and any other provision of this title to the contrary, the commission shall not exercise any jurisdiction over rates with respect to intrastate rail carriers. Source: L. 84: Entire section added, p. 1037, � 3, effective July 1. L. 2000: Entire sec…
Colo. Rev. Stat. § 40-3-107 Transmission of business of other companies
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Every telephone public utility operating in this state shall receive, transmit, and deliver, without discrimination or delay, the conversations and messages of every other telephone public utility with whose line a physical connection may have been made. Source: L. 13: p. 473, � …
Colo. Rev. Stat. § 40-3-107.5 Interconnection with renewable energy cooperatives
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Electric utilities shall interconnect with renewable energy cooperatives organized pursuant to section 7-56-210, C.R.S. Every renewable energy cooperative that desires to interconnect its system with any facilities owned or operated by a public utility shall comply with applicabl…
Colo. Rev. Stat. § 40-3-108 Rates for long and short distances
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No telephone public utility subject to articles 1 to 7 of this title shall charge or receive any greater compensation in the aggregate for the transmission of any long distance message or conversation for a shorter than for a longer distance over the same line or route in the sam…
Colo. Rev. Stat. § 40-3-109 Street transportation public utility - transfers
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Every street transportation public utility shall, upon such terms as the commission finds to be just and reasonable, furnish to its passengers transfers entitling them to one continuous trip in the same general direction over and upon the portions of its lines within the same cit…
Colo. Rev. Stat. § 40-3-110 Information furnished commission - reports
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(1) Every public utility shall furnish to the commission, at such time and in such form as the commission may require, one or more reports in which the utility shall specifically answer all questions propounded by the commission upon or concerning which the commission may desire …
Colo. Rev. Stat. § 40-3-111 Rates determined after hearing
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(1) Whenever the commission, after a hearing upon its own motion or upon complaint, finds that the rates, tolls, fares, rentals, charges, or classifications demanded, observed, charged, or collected by any public utility for any service, product, or commodity, or in connection th…
Colo. Rev. Stat. § 40-3-114 Cost recovery - prohibitions - reporting - penalties - definitions
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(1) The commission shall ensure that regulated electric and gas utilities do not use ratepayer funds to subsidize nonregulated activities. (2) A utility shall not recover the following costs from its customers, whether as part of proposed base rate costs, a rider, or other charge…
Colo. Rev. Stat. § 40-3-115 Recovery of utility relocation costs
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(1) As used in this section, unless the context otherwise requires: (a) Political subdivision means a county, city and county, city, town, home rule city, home rule town, service authority, school district, local improvement district, law enforcement authority, water, sanitation,…
Colo. Rev. Stat. § 40-3-116 Electric vehicle programs - rates
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(1) The rates and charges schedule for services provided by a program created under section 40-5-107 may allow: (a) A return on any investment made under section 40-5-107 by an electric public utility at the electric public utility's weighted average cost of capital, including th…
Colo. Rev. Stat. § 40-3-119 Measurement of use for billing - rules
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After January 1, 2023, an investor-owned gas utility, at its discretion, may apply to the commission for approval to measure the amount of use for billing purposes in either fuel commodity units or for energy services provided. Upon receipt of the utility's application, the commi…
Colo. Rev. Stat. § 40-3-120 Fuel cost sharing - gas utilities - electric utilities - rules
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(1) (a) On or before November 1, 2023, an investor-owned gas utility shall file with the commission a gas price risk management plan that includes proposals for leveling or reducing the volatility of fuel costs that are recovered pursuant to the utility's gas cost adjustment fili…
Colo. Rev. Stat. § 40-4-101 Regulations, service, and facilities prescribed
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(1) Whenever the commission, after a hearing upon its own motion or upon complaint, finds that the rules, regulations, practices, equipment, facilities, or service of any public utility or the methods of manufacture, distribution, transmission, storage, or supply employed by it a…
Colo. Rev. Stat. § 40-4-102 Extensions and improvements prescribed - when
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(1) Whenever the commission, after a hearing upon its own motion, upon appeal by a public utility or power authority from a local government action pursuant to section 29-20-108 (5), C.R.S., or upon complaint, finds that the additions, extensions, repairs, or improvements to or c…
Colo. Rev. Stat. § 40-4-103 Increased transportation facilities prescribed
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Whenever the commission, after a hearing upon its own motion or upon complaint, finds that any common carrier does not run a sufficient number of trains or vehicles or does not possess or operate sufficient motive power to reasonably accommodate the traffic, whether passenger or …
Colo. Rev. Stat. § 40-4-105 Joint use of equipment and facilities
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(1) Whenever the commission, after a hearing upon its own motion or upon complaint of a public utility affected, finds that the public convenience and necessity require the use by one public utility of the conduits, subways, tracks, wires, poles, pipes, or other equipment, or any…
Colo. Rev. Stat. § 40-4-107 Time limit regulations. (Repealed)
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Source: L. 13: p. 479, � 30. C.L. � 2941. CSA: C. 137, � 31. CRS 53: � 115-4-7. C.R.S. 1963: � 115-4-7. L. 69: p. 936, � 25. L. 2008: Entire section repealed, p. 1796, � 13, effective July 1.