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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 26-0365.01 Jennifer Berman x3286 HOUSE BILL 26-1326
House Committees Senate Committees
Energy & Environment
A BILL FOR AN ACT
CONCERNING THE CONTINUATION OF THE PUBLIC UTILITIES101
COMMISSION, AND, IN CONNECTION THEREWITH, IMPLEMENTING102
RECOMMENDATIONS IN THE 2025 SUNSET REPORT BY THE103
DEPARTMENT OF REGULATORY AGENCIES.104
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill w ill be av ailable at
http://leg.colorado.gov/.)
Sunset Process - House Energy and Environment Committee.
The bill implements recommendations of the department of regulatory
agencies in its 2025 sunset review of the public utilities commission
HOUSE SPONSORSHIP
Duran and Willford, Goldstein, Joseph, Paschal, Smith, Velasco
SENATE SPONSORSHIP
Rodriguez and Cutter,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
(commission) as follows:
! Sections 1 and 2 of the bill continue the commission for 11
years to September 1, 2037;
! Section 3 permits the commission members to engage in
nonpublic communications regarding adjudicatory matters
after the close of the evidentiary record if prior notice of
the communications is provided and the final reasoning and
determinations of the matter are later made at a public
hearing;
! Sections 4 through 9 authorize the commission to send
communications by email;
! Sections 10 through 13 modernize certain processes,
provide additional transparency, and clarify inconsistencies
in certain energy statutes by:
!Aligning the renewable energy standard with the
statutes governing clean energy plans;
! Directing the commission to perform a study to
identify any barriers to joint procurement by electric
utilities with regard to advanced technology
generation resources;
! Authorizing the commission to require a
commission-regulated utility to contract with one or
more third parties to administer certain
customer-facing programs; and
! Clarifying that a municipally owned utility,
cooperative electric association, independent
transmission developer, or independent power
producer may appeal to the commission a local
government's decision to deny a land use permit or
application for a major electrical or natural gas
facility owned by the municipally owned utility,
cooperative electric association, independent
transmission developer, or independent power
producer;
! Sections 14 through 19 authorize the commission to direct
investor-owned electric utilities to use securitization
through the "Colorado Energy Impact Bond Act" as an
alternative means of financing and recovering costs;
! Section 20 requires the commission to:
! Adopt rules standardizing the implementation of the
various income-based energy assistance programs
provided by commission-regulated utilities in the
state; and
! Conduct a study into commission-regulated utilities'
income-based energy assistance programs to
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determine whether funding access and equity can be
improved in the state;
! Section 21:
! Prohibits an individual from impersonating a
transportation network company (TNC) driver
(driver). An individual who violates the prohibition
commits a class 2 misdemeanor. An individual who
impersonates a driver during the commission of a
felony offense commits a class 6 felony. A TNC is
required to conduct periodic checks utilizing facial
recognition software to prevent driver
impersonation in accordance with rules adopted by
the commission.
! Requires a TNC to anonymize data reported to the
commission concerning driver refusals to provide
service to a rider and the commission to make the
anonymized reports available to the public;
! Requires a TNC to provide information about the
commission, including the commission's contact
information, to a rider in accordance with rules
adopted by the commission; and
! Repeals the burden to prove that a driver's violation
was reported to the TNC for the TNC to be held
liable for the violation and raises the fine for a
violation from $550 to $1,100;
! Section 22 requires TNCs to annually submit to the
commission a report, redacted to protect personal
identifying information, that contains all safety-related
incident reports made to or created by the TNC in the
preceding calendar year. The commission shall make the
reports publicly available.
! Section 23 expands the types of drivers who need to have
criminal history record checks performed to include drivers
who are employed by any motor carriers and contract
carriers;
! Section 24 requires the commission to perform a market
study to determine if the current systems of regulating
intrastate contract and common carriers optimally balance
consumer protections with industry and regulatory
efficiency and to report its findings and recommendations
based on the study to the general assembly by January 1,
2028;
! Sections 25 and 26 replace the current inspection
requirements for a charter bus, children's activity bus, fire
crew transport, luxury limousine, off-road scenic charter,
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and large-market taxicab with a requirement that these
vehicles be inspected on a schedule and to a standard set by
rules adopted by the commission;
! Sections 27 through 33 update the state railroad regulation
requirements to mirror current federal law and to repeal
obsolete provisions;
! Section 34 removes the $500 fee cap paid by companies to
access the Colorado no-call list, replaces it with a $1,000
fee cap, and requires conforming list brokers, which are
companies that purchase the no-call list and sell it to other
companies, to pay a fee established by the commission by
rule;
! Sections 35 through 39 apply the fees that the commission
assesses on public utilities on intrastate
telecommunications and voice service providers to help
finance the commission's telecommunications-related
work;
! Section 40 aligns the usage of money collected from
charges related to the provision of 911 services with federal
requirements by clarifying that the money may be expended
for public safety radio equipment outside of a public safety
answering point only if the equipment is used for
dispatching emergency service providers to respond to 911
calls;
! Section 41 authorizes the commission to adopt rules that
establish caps on rates charged by penal communications
service providers on intrastate penal communications
services provided for intrastate communications with
individuals in correctional facilities and to enforce the
intrastate rate. Section 41 also requires penal
communications service providers to cooperate with
commission staff when the staff is performing biannual
testing of penal communications services.
! Section 42 exempts small operators of natural gas pipelines
from the minimum $5,000 civil penalty required for
violations of pipeline safety laws and authorizes the
commission to impose a lesser civil penalty against a small
operator; and
! Section 43 directs the commission to perform a study
identifying all privately owned water utilities in the state
and assessing their financial conditions and needs.
Be it enacted by the General Assembly of the State of Colorado:1
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SECTION 1. In Colorado Revised Statutes, 40-2-101, amend1
(3)(b)(I) as follows:2
40-2-101. Creation - appointment - term - subject to3
termination - repeal of part.4
(3) (b) (I) This part 1 is repealed, effective September 1, 20265
SEPTEMBER 1, 2037.6
SECTION 2. In Colorado Revised Statutes, 24-34-104, repeal7
(27)(a)(XVI); and add (38)(a)(II) as follows:8
24-34-104. General assembly review of regulatory agencies9
and functions for repeal, continuation, or reestablishment - legislative10
declaration - repeal.11
(27) (a) The following agencies, functions, or both, are scheduled12
for repeal on September 1, 2026:13
(XVI) The Colorado public utilities commission created in article14
2 of title 40;15
(38) (a) The following agencies, functions, or both, are scheduled16
for repeal on September 1, 2037:17
(II) THE COLORADO PUBLIC UTILITIES COMMISSION CREATED IN18
ARTICLE 2 OF TITLE 40.19
SECTION 3. In Colorado Revised Statutes, add 40-6-122.5 as20
follows:21
40-6-122.5. Nonpublic deliberations regarding adjudicatory22
proceedings - exemption from open meetings law - requirements -23
rules - definition.24
(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE25
REQUIRES, "NONPUBLIC ADJUDICATORY PREDELIBERATION DISCUSSION" OR26
"DISCUSSION" MEANS A NONPUBLIC PREDELIBERATION DISCUSSION HELD27
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BETWEEN ALL OF THE COMMISSIONERS REGARDING AN ADJUDICATORY1
PROCEEDING BEFORE THE COMMISSION.2
(2) SUBJECT TO THE REQUIREMENTS OF SUBSECTION (3) OF THIS3
SECTION, A NONPUBLIC ADJUDICATORY PREDELIBERATION DISCUSSION IS4
EXEMPT FROM PART 4 OF ARTICLE 6 OF TITLE 24.5
(3) (a) THE PORTION OF AN ADJUDICATORY PROCEEDING AT WHICH6
EVIDENCE IS OFFERED OR REBUTTED MUST BE CONDUCTED IN COMPLIANCE7
WITH PART 4 OF ARTICLE 6 OF TITLE 24 AND OCCUR BEFORE A NONPUBLIC8
ADJUDICATORY PREDELIBERATION DISCUSSION.9
(b) A FTER THE CLOSE OF THE EVIDENTIARY RECORD FOR AN10
ADJUDICATORY MATTER, ALL OF THE COMMISSIONERS, ALONG WITH ONE11
OR MORE COMMISSION ADVISORS OR COUNSEL , MAY ENGAGE IN A12
NONPUBLIC ADJUDICATORY PREDELIBERATION DISCUSSION IF:13
(I) NOTICE OF THE DISCUSSION HAS FIRST BEEN PROVIDED IN THE14
FORM AND MANNER DETERMINED BY THE COMMISSION BY RULE; AND15
(II) T HE FINAL REASONING AND ANY DETERMINATIONS OF THE16
DISCUSSION, INCLUDING ANY DISSENTING OPINIONS, ARE SUMMARIZED IN17
A SUBSEQUENT PUBLIC HEARING HELD IN ACCORDANCE WITH PART 4 OF18
ARTICLE 6 OF TITLE 24, AT WHICH PUBLIC HEARING A FINAL19
DETERMINATION MAY BE MADE ON THE RECORD.20
(4) T HE COMMISSION SHALL ADOPT RULES TO IMPLEMENT THIS21
SECTION.22
SECTION 4. In Colorado Revised Statutes, 40-2-101, add (2.5)23
as follows:24
40-2-101. Creation - appointment - term - rules - subject to25
termination - repeal of part.26
(2.5) (a) IN PERFORMING ITS DUTIES PURSUANT TO THIS ARTICLE27
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40, THE COMMISSION MAY SEND COMMUNICATIONS THROUGH EMAIL.1
(b) T HE COMMISSION SHALL ADOPT RULES ESTABLISHING2
PROTOCOLS FOR THE USE AND SECURITY OF EMAIL COMMUNICATIONS SENT3
BY THE COMMISSION.4
SECTION 5. In Colorado Revised Statutes, 40-5-106, add (3) as5
follows:6
40-5-106. Designation for service of process.7
(3) A DESIGNATION FOR SERVICE OF PROCESS FILED PURSUANT TO8
THIS SECTION MAY BE SENT ELECTRONICALLY.9
SECTION 6. In Colorado Revised Statutes, 40-6-102, amend (1)10
as follows:11
40-6-102. Service - fees - depositions - examination of12
witnesses.13
(1) The commission, each commissioner, an administrative law14
judge with respect to matters referred to such judge, and the director of15
the commission have power to MAY issue notices, orders to satisfy or16
answer, summonses, subpoenas, and commissions to take the deposition17
of any A witness whose testimony is required in any proceeding pending18
before the commission in like manner and to the same extent as courts of19
record. The process issued by the commission, any A commissioner, an20
administrative law judge, or the director of the commission shall extend21
EXTENDS to all parts of the state and beyond the boundaries thereof OF22
THE STATE as may be provided by law or the Colorado rules of civil23
procedure and may be served by any A person authorized to serve process24
of courts of record, by any A person designated for that purpose by the25
commission or a commissioner, or by first-class mail, postage prepaid, as26
provided in section 40-6-108. The person executing any such process27
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shall receive such compensation as may be allowed by the commission,1
not to exceed the fees now prescribed by law for similar services, and2
such fees shall be paid in the same manner as provided for payment of the3
fees of witnesses.4
SECTION 7. In Colorado Revised Statutes, 40-6-108, amend (3)5
as follows:6
40-6-108. Complaints - service - notice of hearing - rules.7
(3) (a) Service in all applications, petitions, complaints, hearings,8
investigations, and other proceedings pending before the commission may9
be made upon any person upon whom a summons may be served in10
accordance with the provisions of the Colorado rules of civil procedure11
or may be made personally or by first-class mail. In all cases wherein12
service is obtained by mail by the commission, the certificate of the13
director of the commission of such THE mailing shall be IS prima facie14
evidence that service has been obtained, and the time fixed in any order15
or notice shall commence COMMENCES to run from the date of mailing as16
shown in such THE certificate. The mailing of any notice or other paper17
by any other party to a proceeding shall be evidenced by the certificate of18
the person mailing such THE notice or other paper, and the time fixed in19
any such notice or other paper shall commence COMMENCES to run from20
the date of mailing as shown in such THE certificate.21
(b) THE SERVICE DESCRIBED IN THIS SUBSECTION (3) MAY INSTEAD22
BE MADE ELECTRONICALLY. IF THE SERVICE IS MADE ELECTRONICALLY ,23
THE ELECTRONIC CERTIFICATE OF THE DIRECTOR OF THE COMMISSION IS24
PRIMA FACIE EVIDENCE THAT SERVICE HAS BEEN OBTAINED, AND THE TIME25
FIXED IN AN ORDER OR NOTICE RUNS FROM THE DATE OF THE ELECTRONIC26
COMMUNICATION AS SHOWN IN THE CERTIFICATE.27
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SECTION 8. In Colorado Revised Statutes, 40-7-116, amend1
(1)(b) introductory portion as follows:2
40-7-116. Enforcement of civil penalties against carriers.3
(1) (b) The notice shall be tendered by the enforcement official,4
either in person, or by certified mail, BY EMAIL SENT BY INVESTIGATIVE5
STAFF OF THE COMMISSION, or by personal service by a person authorized6
to serve process under rule 4 (d) of the Colorado rules of civil procedure7
and shall MUST contain:8
SECTION 9. In Colorado Revised Statutes, 40-7-116.5, amend9
(1)(b) introductory portion as follows:10
40-7-116.5. Enforcement of civil penalties against public11
utilities.12
(1) (b) The notice shall be tendered by the director or his or her13
THE DIRECTOR'S designee either in person, or by certified mail OR EMAIL,14
or by personal service by any A person authorized to serve process under15
rule 4 (d) of the Colorado rules of civil procedure and shall MUST contain:16
SECTION 10. In Colorado Revised Statutes, 40-2-124, amend17
(1)(c)(I) introductory portion, (1)(c)(I)(E), (1)(c)(II)(A), (1)(g)(I)(A), (4)18
introductory portion, and (5.5); and add (1)(c)(XI) as follows:19
40-2-124. Renewable energy standards - qualifying retail and20
wholesale utilities - definitions - net metering - exception - legislative21
declaration - rules.22
(1) Each provider of retail electric service in the state of Colorado,23
other than municipally owned utilities that serve forty thousand customers24
or fewer, is a qualifying retail utility. Each qualifying retail utility, with25
the exception of cooperative electric associations that have voted to26
exempt themselves from commission jurisdiction pursuant to section27
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40-9.5-104 and municipally owned utilities, is subject to the rules1
established under this article 2 by the commission. No additional2
regulatory authority is provided to the commission other than that3
specifically contained in this section. In accordance with article 4 of title4
24, the commission shall revise or clarify existing rules to establish the5
following:6
(c) Electric resource standards:7
(I) Except as provided in subparagraph (V) of this paragraph (c)8
SUBSECTIONS (1)(c)(V) AND (1)(c)(XI) OF THIS SECTION , the electric9
resource standards shall MUST require each qualifying retail utility to10
generate, or cause to be generated, electricity from eligible energy11
resources in the following minimum amounts:12
(E) Thirty percent of its retail electricity sales in Colorado for the13
years 2020 and thereafter. with distributed generation equaling at least14
three percent of its retail electricity sales.15
(II) (A) Of the amounts of distributed generation in16
sub-subparagraphs (C ), (D), and (E) of subparagr aph (I),17
sub-subparagraph (D) of subparagraph (V), and subparagraph (V.5) of18
this paragraph (c) SUBSECTIONS (1)(c)(I)(C), (1)(c)(I)(D), (1)(c)(I)(E),19
(1)(c)(V)(D), AND (1)(c)(V.5) OF THIS SECTION, at least one-half must be20
derived from retail distributed generation; except that this21
sub-subparagraph (A) SUBSECTION (1)(c)(II)(A) does not apply to a22
qualifying retail utility that is a municipal utility.23
(XI) (A) ON AND AFTER JANUARY 1, 2027, A QUALIFYING RETAIL24
UTILITY WITH A CLEAN ENERGY PLAN, AS DEFINED IN SECTION 40-2-125.525
(2)(a), THAT HAS BEEN APPROVED BY THE COMMISSION AND THAT26
DEMONSTRATES THE QUALIFYING RETAIL UTILITY'S COMPLIANCE WITH THE27
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STATE'S CLEAN ENERGY TARGETS , AS VERIFIED BY THE DIVISION OF1
ADMINISTRATION PURSUANT TO SECTION 25-7-105 (1)(e)(VII), MAY2
NOTIFY THE COMMISSION OF ITS COMPLIANCE AND THAT THE QUALIFYING3
RETAIL UTILITY IS OPTING OUT OF THE ELECTRIC RESOURCE STANDARD4
REQUIREMENTS DESCRIBED IN SUBSECTION (1)(c)(I) OF THIS SECTION.5
(B) A QUALIFYING RETAIL UTILITY THAT OPTS OUT OF THE6
ELECTRIC RESOURCE STANDARD REQUIREMENTS PURSUANT TO7
SUBSECTION (1)(c)(XI)(A) OF THIS SECTION IS STILL REQUIRED TO FILE8
APPLICATIONS WITH THE COMMISSION TO SUPPORT RETAIL DISTRIBUTED9
GENERATION AND STORAGE PROGRAMS IN ACCORDANCE WITH10
SUBSECTIONS (1)(e) AND (1)(j) OF THIS SECTION AND TO SUBMIT AN11
ANNUAL REPORT TO THE COMMISSION REGARDING THOSE RETAIL12
DISTRIBUTED GENERATION AND STORAGE PROGRAMS IN ACCORDANCE13
WITH SUBSECTION (1)(h) OF THIS SECTION.14
(g) Retail rate impact rule:15
(I) (A) Except as otherwise provided in subparagraph (IV) of this16
paragraph (g) SUBSECTION (1)(g)(IV) OF THIS SECTION , for each17
qualifying RETAIL utility, the commission shall establish a maximum retail18
rate impact for this section for compliance with the electric resource19
standards of two percent of the total electric bill annually for each20
customer. The retail rate impact shall be determined net of new21
alternative sources of electricity supply from noneligible energy resources22
that are reasonably available at the time of the determination.23
(4) E XCEPT FOR A MUNICIPAL UTILITY THAT IS IN COMPLIANCE24
WITH A CLEAN ENERGY PLAN THAT IS APPROVED BY THE COMMISSION25
PURSUANT TO SECTION 40-2-125.5 (5 )(g), for municipal utilities that26
become qualifying retail utilities A MUNICIPAL UTILITY THAT BECOMES A27
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QUALIFYING RETAIL UTILITY after December 31, 2006, the percentage1
requirements identified in subparagraph (V) of paragraph (c) of2
subsection (1) SUBSECTION (1)(c)(V) of this section shall begin in the first3
calendar year following qualification as follows:4
(5.5) EXCEPT FOR A COOPERATIVE ELECTRIC ASSOCIATION THAT IS5
IN COMPLIANCE WITH A CLEAN ENERGY PLAN THAT IS APPROVED BY THE6
COMMISSION PURSUANT TO SECTION 40-2-125.5 (5)(g), each cooperative7
electric association that is a qualifying retail utility shall submit an annual8
compliance report to the commission no later than June 1 of each year in9
which the cooperative electric association is subject to the renewable10
energy standard requirements established in this section. The annual11
compliance report shall MUST describe the steps taken by the cooperative12
electric association to comply with the renewable energy standards and13
shall include the same information set forth in the rules of the commission14
for jurisdictional utilities. Cooperative electric associations shall ARE not15
be subject to any part of the compliance report review process as provided16
in the rules for jurisdictional utilities. Cooperative electric associations17
shall ARE not be required to obtain commission approval of annual18
compliance reports, and no additional regulatory authority of the19
commission other than that specifically contained in this subsection (5.5)20
is created or implied by this subsection (5.5).21
SECTION 11. In Colorado Revised Statutes, add 40-2-140 as22
follows:23
40-2-140. Joint resource procurement study - report -24
definition - legislative declaration - repeal.25
(1) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:26
(a) A S WITH MOST INDUSTRIES , PURCHASING POWER AND27
HB26-1326-12-
ECONOMIES OF SCALE PLAY AN IMPORTANT ROLE IN THE ELECTRIC SECTOR.1
LARGER UTILITIES ATTRACT MORE PARTICIPATION FROM GENERATION AND2
TRANSMISSION PROJECT DEVELOPERS, AND LARGER PROJECTS OFTEN COST3
LESS ON A PER -UNIT BASIS. THIS DYNAMIC LEADS TO LARGER UTILITIES4
HAVING ACCESS TO MORE COMPETITIVELY PRICED PROJECTS WHEN5
PROCURING NEW ENERGY RESOURCES THAN THEIR SMALLER UTILITY6
COUNTERPARTS.7
(b) RATEPAYERS OF SMALLER ELECTRIC UTILITIES WOULD LIKELY8
BENEFIT FROM A SYSTEM THAT REDUCES THE BARRIERS TO9
CO-DEVELOPMENT OF ENERGY PROJECTS AS A MEANS TO PROVIDE THE10
SMALLER ELECTRIC UTILITIES WITH ACCESS TO BETTER FINANCING11
OPTIONS, BETTER ECONOMIES OF SCALE, AND MORE COMPETITIVE PRICING12
IN ENERGY PROJECT PROCUREMENT;13
(c) THESE MATTERS ARE FURTHER COMPLICATED BY COMPETING14
FORMS OF GENERATION , AS WELL AS THE EXISTENCE OF ORGANIZED15
WHOLESALE MARKETS;16
(d) AS ELECTRIC RATES CONTINUE TO RISE, IT IS REASONABLE TO17
EXPLORE ALL OPTIONS FOR CONTAINING COSTS; AND18
(e) THEREFORE, THE COMMISSION SHOULD CONDUCT A STUDY TO19
IDENTIFY BARRIERS TO JOINT ENERGY RESOURCE PROCUREMENT20
ENCOUNTERED BY ELECTRIC UTILITIES.21
(2) AS USED IN THIS SECTION, "COLORADO ENERGY OFFICE" MEANS22
THE COLORADO ENERGY OFFICE CREATED IN SECTION 24-38.5-101.23
(3) (a) A S SOON AS PRACTICABLE , THE COMMISSION SHALL24
CONDUCT A STUDY REGARDING BARRIERS THAT ELECTRIC UTILITIES FACE25
IN JOINTLY PROCURING ENERGY RESOURCES IN THE STATE, WHICH STUDY26
MUST:27
HB26-1326-13-
(I) I DENTIFY BARRIERS TO JOINT PROCUREMENT OF ADVANCED1
TECHNOLOGY GENERATION , WIND GENERATION , SOLAR GENERATION ,2
CONVENTIONAL OR INNOVATIVE STORAGE , AND TRANSMISSION3
RESOURCES;4
(II) IDENTIFY WHETHER AND HOW BARRIERS MAY VARY BETWEEN5
UTILITIES REGULATED BY THE COMMISSION , COOPERATIVE ELECTRIC6
ASSOCIATIONS THAT HAVE VOTED TO EXEMPT THEMSELVES FROM7
COMMISSION JURISDICTION, AND MUNICIPALLY OWNED UTILITIES THAT ARE8
NOT SUBJECT TO COMMISSION REGULATION AND PROPOSE SOLUTIONS TO9
REDUCE ANY SUCH BARRIERS; AND10
(III) E XAMINE WHETHER AND HOW PARTICIPATION IN AN11
ORGANIZED WHOLESALE MARKET CREATES , INCREASES , OR REDUCES12
BARRIERS TO JOINT RESOURCE PROCUREMENT.13
(b) ON OR BEFORE EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE14
OF THIS SECTION , THE COMMISSION SHALL SUBMIT TO THE GENERAL15
ASSEMBLY A FINAL REPORT DESCRIBING THE STUDY'S FINDINGS AND ANY16
RECOMMENDATIONS.17
(4) IN CONDUCTING THE STUDY PURSUANT TO SUBSECTION (3) OF18
THIS SECTION, THE COMMISSION:19
(a) SHALL CONSULT WITH THE COLORADO ENERGY OFFICE; AND20
(b) MAY CONTRACT WITH A THIRD PARTY.21
(5) THIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2029.22
SECTION 12. In Colorado Revised Statutes, 40-2-123, add (6)23
as follows: 24
40-2-123. Energy technologies - consideration by commission25
- incentives - demonstration projects - commission may require26
specific customer-facing programs - legislative declaration -27
HB26-1326-14-
definitions.1
(6) (a) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:2
(I) S INCE 2007, COLORADO HAS ENACTED SEVERAL STATUTES3
THAT DIRECT COMMISSION -REGULATED UTILITIES TO IMPLEMENT4
CUSTOMER-FACING PROGRAMS AIMED AT REDUCING ENERGY BILLS ,5
REDUCING ENERGY CONSUMPTION , OR SUPPORTING THE TRANSITION TO6
LOWER- OR ZERO-CARBON-EMITTING TECHNOLOGIES;7
(II) SUCH CUSTOMER-FACING PROGRAMS INCLUDE DEMAND-SIDE8
MANAGEMENT, BENEFICIAL ELECTRIFICATION, CLEAN HEAT PLANS , AND9
TRANSPORTATION ELECTRIFICATION;10
(III) F OR MANY OF THESE PROGRAMS , UTILITIES MAY LACK A11
NATURAL INCENTIVE TO TAKE CERTAIN ACTIONS OR IMPLEMENT THESE12
PROGRAMS EFFECTIVELY . ADDITIONALLY, DUE TO STAFFING OR13
ECONOMIES OF SCALE , SMALLER UTILITIES MAY LACK THE ABILITY TO14
OPERATE SUCH PROGRAMS AT A REASONABLE COST TO RATEPAYERS.15
(IV) C ERTAIN RATEPAYER AFFORDABILITY PROGRAMS ARE16
IMPLEMENTED BY A THIRD PARTY THAT WAS NOT SELECTED THROUGH A17
COMPETITIVE PROCESS, AND THERE IS LIMITED OVERSIGHT OF THE THIRD18
PARTY'S USE OF RATEPAYER DOLLARS;19
(V) E STABLISHED STATE ENTERPRISES , SUCH AS THE BUILDING20
DECARBONIZATION ENTERPRISE CREATED IN SECTION 24-38.5-125, MAY21
PROVIDE AN ALTERNATIVE OPTION FOR ADMINISTERING COMPETITIVE22
SOLICITATIONS FOR THIRD-PARTY PROGRAM ADMINISTRATION; AND23
(VI) THEREFORE, THE COMMISSION SHOULD BE AUTHORIZED TO24
REQUIRE COMMISSION-REGULATED UTILITIES TO ENGAGE ONE OR MORE25
THIRD PARTIES TO ADMINISTER SPECIFIC CUSTOMER-FACING PROGRAMS IF26
THE COMMISSION DEEMS THE USE OF ONE OR MORE THIRD PARTIES27
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PRUDENT AND IN THE BEST INTEREST OF RATEPAYERS. IN ADDITION, THE1
COMMISSION SHOULD BE AUTHORIZED TO REQUIRE THE USE OF A2
COMPETITIVE BIDDING PROCESS TO PROCURE THE SERVICES OF A3
THIRD-PARTY ADMINISTRATOR.4
(b) I N AN ADJUDICATORY PROCEEDING , THE COMMISSION MAY5
REQUIRE A COMMISSION-REGULATED UTILITY TO ENGAGE ONE OR MORE6
THIRD PARTIES TO ADMINISTER SPECIFIC CUSTOMER-FACING PROGRAMS IF7
THE COMMISSION DEEMS THE USE OF ONE OR MORE THIRD PARTIES8
PRUDENT AND IN THE BEST INTEREST OF RATEPAYERS . THE COMMISSION9
MAY REQUIRE A COMPETITIVE BIDDING PROCESS TO PROCURE THE10
SERVICES OF A THIRD-PARTY ADMINISTRATOR.11
(c) A S USED IN THIS SUBSECTION (6), "CUSTOMER-FACING12
PROGRAM" MEANS A PROGRAM AIMED AT REDUCING ENERGY BILLS ,13
REDUCING ENERGY CONSUMPTION , OR SUPPORTING THE TRANSITION TO14
LOWER- OR ZERO-CARBON-EMITTING TECHNOLOGIES.15
SECTION 13. In Colorado Revised Statutes, 29-20-108, add16
(5)(b.5) as follows:17
29-20-108. Local government regulation - location,18
construction, or improvement of major electrical or natural gas19
facilities - powerline trail notification - appeals process - expedited20
review for certain transmission line projects - legislative declaration21
- definitions.22
(5) (b.5) (I) N OTWITHSTANDING THE C ONDITIONS SET FORTH IN23
SUBSECTIONS (5)(a)(I) TO (5)(a)(III) OF THIS SECTION , A MUNICIPALLY24
OWNED UTILITY , A COOPERATIVE ELECTRIC ASSOCIATION , AN25
INDEPENDENT TRANSMISSION DEVELOPER , OR AN INDEPENDENT POWER26
PRODUCER MAY APPEAL TO THE PUBLIC UTILITIES COMMISSION PURSUANT27
HB26-1326-16-
TO THE PROCESS SET FORTH IN THIS SUBSECTION (5) A LOCAL1
GOVERNMENT'S DENIAL OF A PERMIT OR AN APPLICATION THAT RELATES2
TO THE LOCATION , CONSTRUCTION , OR IMPROVEMENT OF MAJOR3
ELECTRICAL OR NATURAL GAS FACILITIES OWNED OR OPERATED BY THE4
MUNICIPALLY OWNED UTILITY , COOPERATIVE ELECTRIC ASSOCIATION ,5
INDEPENDENT TRANSMISSION DEVELOPER , OR INDEPENDENT POWER6
PRODUCER.7
(II) ONLY TO THE EXTENT NECESSARY TO ADJUDICATE AN APPEAL8
FILED PURSUANT TO THIS SUBSECTION (5)(b.5), THE PUBLIC UTILITIES9
COMMISSION'S HEARING AND APPEALS PROCEDURES SET FORTH IN ARTICLE10
6 OF TITLE 40 AND IN THE PUBLIC UTILITIES COMMISSION 'S RULES11
IMPLEMENTING ARTICLE 6 OF TITLE 40 APPLY TO A MUNICIPALLY OWNED12
UTILITY, A COOPERATIVE ELECTRIC ASSOCIATION , AN INDEPENDENT13
TRANSMISSION DEVELOPER, OR AN INDEPENDENT POWER PRODUCER THAT14
HAS AVAILED ITSELF OF THE PUBLIC UTILITIES COMMISSION'S PROCEDURES15
BY FILING AN APPEAL PURSUANT TO THIS SUBSECTION (5)(b.5).16
(III) N OTHING IN THIS SUBSECTION (5)(b.5) SUBJECTS A17
MUNICIPALLY OWNED UTILITY, A COOPERATIVE ELECTRIC ASSOCIATION ,18
AN INDEPENDENT TRANSMISSION DEVELOPER, OR AN INDEPENDENT POWER19
PRODUCER TO REGULATION BY THE PUBLIC UTILITIES COMMISSION BEYOND20
THE APPLICATION OF THE PUBLIC UTILITIES COMMISSION'S HEARING AND21
APPEALS PROCEDURES TO WHICH A MUNICIPALLY OWNED UTILITY , A22
COOPERATIVE ELECTRIC ASSOCIATION, AN INDEPENDENT TRANSMISSION23
DEVELOPER, OR AN INDEPENDENT POWER PRODUCER AVAILS ITSELF BY24
FILING AN APPEAL PURSUANT TO THIS SUBSECTION (5)(b.5).25
SECTION 14. In Colorado Revised Statutes, 40-41-102, amend26
(7)(a), (12), and (18) as follows:27
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40-41-102. Definitions.1
As used in this article 41, unless the context otherwise requires:2
(7) (a) "CO-EI costs" means3
(I) (A) At the option of and upon petition by an electric utility, and4
as approved by the commission, any of the pretax costs that the electric5
utility has incurred or will incur that are caused by, associated with, or6
remain as a result of the retirement of an electric generating facility7
located in the state.8
(B) As used in this subsection (7), "pretax costs", if approved by9
the commission, include, but are not limited to, the unrecovered10
capitalized cost of a retired electric generating facility, costs of11
decommissioning and restoring the site of the electric generating facility,12
and other applicable ANY PRETAX COSTS APPROVED BY THE COMMISSION,13
INCLUDING capital and operating costs, accrued carrying charges, deferred14
expenses, reductions for applicable insurance and salvage proceeds,15
AMOUNTS FOR ASSISTANCE TO AFFECTED WORKERS AND COMMUNITIES ,16
and the costs of retiring any existing indebtedness, fees, costs, and17
expenses to modify existing debt agreements or for waivers or consents18
related to existing debt agreements.19
(II) Amounts for assistance to affected workers and communities20
if approved by the commission;21
(III) Pretax costs that an electric utility has previously incurred22
related to the commission-approved closure of an electric generating23
facility occurring before May 30, 2019; and24
(IV) As approved by the commission, any of the pretax costs25
associated with the implementation of an approved program or project to26
mitigate the effects of extreme weather, wildfires, climate change, or27
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other hazards, including but not limited to the costs associated with an1
electric utility's wildfire mitigation plan that has been approved by the2
commission.3
(12) "Electric utility" means an entity operating for the purpose of4
supplying electricity to the public for domestic, mechanical, or public5
uses and includes an investor-owned electric utility subject to regulation6
under articles 1 to 7 of this title 40, a municipally owned utility, and a7
cooperative electric association.8
(18) "Successor" means, with respect to any legal entity, another9
legal entity that succeeds by operation of law to the rights and obligations10
of the first legal entity pursuant to any bankruptcy, reorganization,11
restructuring, other insolvency proceeding, merger, acquisition,12
consolidation, or sale or transfer of assets, whether any of these occur due13
to a restructuring of the electric power industry or otherwise. Solely for14
the purpose of implementing this article 41, "successor" does not include15
any municipally owned electric utility established and providing retail16
electric service before the date on which CO-EI bonds are issued pursuant17
to a financing order relating to electric generating facilities that serve or18
previously served the service area of the municipally owned electric19
utility.20
SECTION 15. In Colorado Revised Statutes, 40-41-103, amend21
(1) and (2)(c); and repeal (2)(a) and (2)(b) as follows:22
40-41-103. Financing orders - application requirements.23
(1) THE COMMISSION MAY DIRECT AN ELECTRIC UTILITY TO FILE AN24
APPLICATION FOR A FINANCING ORDER WITH THE COMMISSION. An electric25
utility in its sole discretion, may ALSO apply to the commission for a26
financing order as authorized by this section.27
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(2) (a) An investor-owned or other regulated electric utility may1
file an application for approval to issue CO-EI bonds in one or more2
series, impose, charge, and collect CO-EI charges, and create CO-EI3
property related to:4
(I) The retirement of an electric generating facility in Colorado5
that has previously been approved by the commission; or6
(II) Other programs or projects as approved by the commission,7
including programs or projects to mitigate the effects of extreme weather,8
wildfires, climate change, or other hazards.9
(b) An electric utility that is not regulated may file an application10
for approval to issue CO-EI bonds in one or more series, impose, charge,11
and collect CO-EI charges, and create CO-EI property related to:12
(I) The retirement of an electric generating facility in Colorado;13
or14
(II) Other programs or projects as approved by the commission,15
including programs or projects to mitigate the effects of extreme weather,16
wildfires, climate change, or other hazards.17
(c) The commission shall take final action to approve, deny, or18
modify any application for a financing order as described in subsection19
(2)(a) or (2)(b) of this section in a final order issued in accordance with20
the commission's rules for addressing applications.21
SECTION 16. In Colorado Revised Statutes, 40-41-104, amend22
(1) introductory portion, (1)(a), (2)(a), (2)(i), and (2)(l) as follows:23
40-41-104. Issuance of financing orders.24
(1) Following notice and A hearing on an application for a25
financing order as required by the commission's rules, practice, and26
procedure RULES OF PRACTICE AND PROCEDURE , the commission may27
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issue a financing order if the commission finds that:1
(a) The CO-EI costs described in the application related to the2
retirement of the electric generating facilities are reasonable AND IN THE3
INTEREST OF RATEPAYERS;4
(2) The financing order must:5
(a) Determine the maximum amount of CO-EI costs that may TO6
be financed from proceeds of CO-EI bonds authorized to be issued by the7
financing order;8
(i) Authorize the applicant electric utility to finance CO-EI costs9
through the issuance of one or more series of CO-EI bonds; An electric10
utility is not required to secure a separate financing order for each11
issuance of CO-EI bonds or for each scheduled phase of the previously12
approved retirement of electric generating facilities approved in the13
financing order.14
(l) Specify the timing of actions required by the order, including:15
(I) The timing of issuance of the CO-EI bonds; independent of the16
schedule of retirement of the electric generating facility;17
(II) The energy assistance funds , if included in the bond issue,18
may be transferred to a third-party entity designated by the commission19
to administer transition assistance on behalf of displaced workers and20
affected communities; no later than the date on which the electric21
generating facility ceases operation; and22
(III) The applicant electric utility files to reduce its rates as23
required in subsection (4) of this section simultaneously with the24
inception of the CO-EI charges; and independently of the schedule of25
closing and decommissioning of the electric generating facility; and26
SECTION 17. In Colorado Revised Statutes, 40-41-105, amend27
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(4) introductory portion as follows:1
40-41-105. Effect of financing order.2
(4) Notwithstanding subsection (3) of this section, upon the3
request of an electric utility or at the request of parties in the commission4
proceeding, the commission may commence a proceeding and issue a5
subsequent financing order that provides for refinancing, retiring, or6
refunding CO-EI bonds issued pursuant to the original financing order if:7
SECTION 18. In Colorado Revised Statutes, 40-41-106, amend8
(3) as follows:9
40-41-106. Effect on commission jurisdiction - rules.10
(3) UNLESS A FINANCING ORDER REQUIRES THE RECOVERY OF11
COSTS ASSOCIATED WITH THE RETIREMENT OF AN ELECTRIC GENERATION12
FACILITY TO BE FINANCED THROUGH CO-EI BONDS, the commission may13
SHALL not refuse to allow the recovery of any costs associated with the14
retirement of electric generating facilities by an electric utility solely15
because the electric utility has elected to recover those costs through16
traditional rate-making methods or to finance those activities through a17
financing mechanism other than CO-EI bonds, whether or not a financing18
order with respect to such costs has been applied for by the utility or19
issued by the commission.20
SECTION 19. In Colorado Revised Statutes, 40-41-109, amend21
(1)(c) as follows:22
40-41-109. Electric utilities - duties - rate impact notice to23
customers.24
(1) The electric bills of an electric utility that has obtained a25
financing order and caused CO-EI bonds to be issued:26
(c) Must explain to customers in an annual filing with the27
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commission the rate impact that financing the retirement of electric1
generating facilities THE FINANCING ORDER will have on customer rates.2
SECTION 20. In Colorado Revised Statutes, add 40-8.7-113 as3
follows:4
40-8.7-113. Responsibilities of the public utilities commission5
- study - rules.6
(1) T HE COMMISSION SHALL ADOPT RULES REGARDING THE7
IMPLEMENTATION OF INCOME-QUALIFIED ENERGY ASSISTANCE PROGRAMS8
PROVIDED BY INVESTOR-OWNED GAS AND ELECTRIC UTILITIES. THE RULES9
MUST ESTABLISH A STANDARD PROCESS FOR:10
(a) H OW INVESTOR -OWNED GAS AND ELECTRIC UTILITIES11
IMPLEMENT INCOME-QUALIFIED ENERGY ASSISTANCE PROGRAMS;12
(b) C USTOMER ACCESS TO INCOME -QUALIFIED ENERGY13
ASSISTANCE PROGRAMS , INCLUDING STANDARDIZING THE APPLICATION14
PROCESS, ELIGIBILITY REQUIREMENTS, AND TIMELINES FOR ENROLLMENT;15
AND16
(c) H OW INCOME -QUALIFIED ENERGY ASSISTANCE PROGRAMS17
ACCOUNT FOR:18
(I) THE LOW-INCOME ENERGY ASSISTANCE PROGRAM CREATED IN19
SECTION 40-8.7-104 (1);20
(II) T HE COLORADO ENERGY OFFICE 'S WEATHERIZATION21
ASSISTANCE PROGRAM;22
(III) THE ENERGY ASSISTANCE PROGRAM IMPLEMENTED BY THE23
ORGANIZATION; AND24
(IV) THE FUEL ASSISTANCE PAYMENTS PROGRAM IMPLEMENTED BY25
THE DEPARTMENT OF HUMAN SERVICES PURSUANT TO SECTION 26-2-307.26
(2) AS SOON AS PRACTICABLE, THE COMMISSION SHALL CONDUCT27
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A STUDY REGARDING LOW -INCOME ENERGY ASSISTANCE PROGRAMS1
OFFERED BY UTILITIES IN THE STATE . THE PURPOSE OF THE STUDY IS TO2
DETERMINE WHETHER ACCESS TO AND EQUITY IN LOW -INCOME ENERGY3
ASSISTANCE FUNDING CAN BE IMPROVED.4
SECTION 21. In Colorado Revised Statutes, 40-10.1-605,5
amend (7) and (9); and add (11), (12), and (13) as follows:6
40-10.1-605. Operational requirements - driver impersonation7
- misdemeanor - rules.8
(7) (a) A transportation network company is not liable for a9
driver's violation of subsection (6) of this section unless the driver's10
violation has been previously reported to the transportation network11
company in writing, and the transportation network company has failed12
to reasonably address the alleged violation. The commission shall afford13
a transportation network company the same due process rights afforded14
transportation providers in defending against civil penalties assessed by15
the commission.16
(b) The commission may assess a civil penalty IN AN AMOUNT up17
to five hundred fifty ONE THOUSAND ONE HUNDRED dollars under this18
subsection (7) FOR A DRIVER 'S VIOLATION OF SUBSECTION (6) OF THIS19
SECTION.20
(9) A driver shall immediately report to the transportation network21
company any refusal to transport a passenger pursuant to paragraph (a) of22
subsection (6) SUBSECTION (6) of this section, and the transportation23
network company shall ANONYMIZE AND annually report all such refusals24
to the commission in a form and manner determined by the commission.25
THE COMMISSION SHALL MAKE THE ANONYMIZED REPORTS AVAILABLE TO26
THE PUBLIC.27
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(11) (a) A N INDIVIDUAL SHALL NOT IMPERSONATE A DRIVER OR1
ENGAGE IN AN ACT THAT FALSELY REPRESENTS THAT THE INDIVIDUAL IS2
REPRESENTING A TRANSPORTATION NETWORK COMPANY OR IS3
RESPONDING TO A RIDER 'S REQUEST FOR TRANSPORTATION NETWORK4
COMPANY SERVICES.5
(b) AN INDIVIDUAL WHO VIOLATES THIS SECTION COMMITS A CLASS6
2 MISDEMEANOR AND SHALL BE PUNISHED AS PROVIDED IN SECTION7
18-1.3-501 (1)(a.5); EXCEPT THAT AN INDIVIDUAL WHO COMMITS A8
VIOLATION OF THIS SECTION DURING THE COMMISSION OF A FELONY9
OFFENSE COMMITS A CLASS 6 FELONY AND SHALL BE PUNISHED AS10
PROVIDED IN SECTION 18-1.3-401 (1)(a)(V.5).11
(c) N OTHING IN THIS SUBSECTION (11) PRECLUDES THE12
PROSECUTION OF CONDUCT FORMING THE BASIS OF A VIOLATION OF THIS13
SUBSECTION (11) UNDER THE CRIMINAL IMPERSONATION STATUTE ,14
SECTION 18-5-113, OR ANY OTHER RELEVANT CRIMINAL STATUTE.15
(12) (a) A TRANSPORTATION NETWORK COMPANY SHALL CONDUCT16
PERIODIC CHECKS UTILIZING FACIAL RECOGNITION SOFTWARE TO PREVENT17
DRIVER IMPERSONATION IN ACCORDANCE WITH RULES ADOPTED BY THE18
COMMISSION PURSUANT TO SUBSECTION (12)(b) OF THIS SECTION.19
(b) ON OR BEFORE EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE20
OF THIS SUBSECTION (12), THE COMMISSION SHALL ADOPT RULES21
ESTABLISHING REQUIREMENTS AND PROCEDURES FOR PERIODIC CHECKS22
UTILIZING FACIAL RECOGNITION SOFTWARE TO PREVENT DRIVER23
IMPERSONATION PROHIBITED PURSUANT TO SUBSECTION (11)(a) OF THIS24
SECTION.25
(13) (a) A TRANSPORTATION NETWORK COMPANY SHALL PROVIDE26
INFORMATION ABOUT THE COMMISSION TO A RIDER IN ACCORDANCE WITH27
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RULES ADOPTED BY THE COMMISSION PURSUANT TO SUBSECTION (13)(b)1
OF THIS SECTION.2
(b) ON OR BEFORE EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE3
OF THIS SUBSECTION (13), THE COMMISSION SHALL ADOPT RULES4
ESTABLISHING REQUIREMENTS AND PROCEDURES FOR A TRANSPORTATION5
NETWORK COMPANY TO PROVIDE INFORMATION ABOUT THE COMMISSION,6
INCLUDING CONTACT INFORMATION FOR THE COMMISSION , TO A RIDER7
PURSUANT TO SUBSECTION (13)(a) OF THIS SECTION.8
SECTION 22. In Colorado Revised Statutes, 40-10.1-609, add9
(3) as follows:10
40-10.1-609. Reporting requirements - report - rules.11
(3) (a) O N AN ANNUAL BASIS , A TRANSPORTATION NETWORK12
COMPANY SHALL SUBMIT A REPORT TO THE COMMISSION , REDACTED TO13
PROTECT PERSONAL IDENTIFYING INFORMATION OF DRIVERS AND RIDERS,14
THAT CONTAINS ALL SAFETY -RELATED INCIDENT REPORTS MADE TO OR15
CREATED BY THE TRANSPORTATION NETWORK COMPANY IN THE16
PRECEDING CALENDAR YEAR . THE COMMISSION SHALL DETERMINE THE17
DEADLINE FOR THE ANNUAL REPORTS BY RULE.18
(b) T HE COMMISSION SHALL MAKE THE REPORTS SUBMITTED19
PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION AVAILABLE TO THE20
PUBLIC.21
SECTION 23. In Colorado Revised Statutes, 40-10.1-110,22
amend (1)(a) as follows:23
40-10.1-110. Record check - rules.24
(1) (a) An individual who wishes to drive: DRIVE a taxicab MOTOR25
VEHICLE for a motor carrier that is the holder of a certificate to provide26
taxicab service OR A CONTRACT CARRIER PERMIT issued under part 2 of27
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this article 10.1; a motor vehicle for a motor carrier that is the holder of1
a permit to operate as a charter bus, children's activity bus, luxury2
limousine, or off-road scenic charter under part 3 of this article 10.1; or3
a motor vehicle for a motor carrier that is the holder of a permit to operate4
as a large-market taxicab service under part 7 of this article 10.1 must5
SHALL have the individual's fingerprints taken by a local law enforcement6
agency or any A third party approved by the Colorado bureau of7
investigation for the purpose of obtaining a fingerprint-based criminal8
history record check.9
SECTION 24. In Colorado Revised Statutes, add 40-10.1-119 as10
follows:11
40-10.1-119. Market study and report - common and contract12
carriers - definition - repeal.13
(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE14
REQUIRES, "STUDY" MEANS THE STUDY REQUIRED BY THIS SECTION.15
(2) THE COMMISSION SHALL CONDUCT A STUDY ON THE CURRENT16
REGULATORY STRUCTURE FOR INTRASTATE CONTRACT AND COMMON17
CARRIERS. THE STUDY MUST ADDRESS THE FOLLOWING ISSUES:18
(a) W HETHER THE CURRENT MODELS , INCLUDING REGULATED19
MONOPOLY AND REGULATED COMPETITION , FOR MARKET ENTRY OF20
COMMON CARRIERS AND CONTRACT CARRIERS ARE STILL AN APPROPRIATE21
STANDARD TO BE IMPLEMENTED IN THE STATE IN LIGHT OF FACTORS SUCH22
AS THE ECONOMIC LANDSCAPE AND JOB CREATION;23
(b) I F THE CURRENT MARKET ENTRY MODELS DESCRIBED IN24
SUBSECTION (2)(a) OF THIS SECTION ARE NOT AN APPROPRIATE STANDARD,25
HOW THE CURRENT MODELS SHOULD BE CHANGED;26
(c) WHETHER THE CURRENT MODELS FOR ECONOMIC REGULATION27
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OF COMMON CARRIERS AND CONTRACT CARRIERS THAT REQUIRE RATE1
STRUCTURES TO BE APPROVED AND SET IN A JUST , REASONABLE , AND2
CONSISTENT MANNER FOR EACH PASSENGER ARE STILL BENEFICIAL TO THE3
INDUSTRY AND TO CONSUMERS;4
(d) IF THE CURRENT ECONOMIC REGULATION MODELS DESCRIBED5
IN SUBSECTION (2)(c) OF THIS SECTION ARE NOT AN APPROPRIATE6
STANDARD, HOW THE CURRENT MODELS SHOULD BE CHANGED; AND7
(e) I DENTIFYING THE PROPER BALANCE BETWEEN SERVICE8
TERRITORY PROTECTIONS , SUCH AS REGULATED MONOPOLY AND9
REGULATED COMPETITION , AND THE POTENTIAL BURDENS ASSOCIATED10
WITH THESE MARKET ENTRY AND ECONOMIC REGULATION STANDARDS.11
(3) IN CONDUCTING THE STUDY, THE COMMISSION SHALL CONSIDER12
THE FOLLOWING:13
(a) W HETHER THE CONDITIONS THAT LED TO THE CURRENT14
REGULATION OF COMMON CARRIERS AND CONTRACT CARRIERS HAVE15
CHANGED AND WHETHER OTHER C ONDITIONS HAVE ARISEN THAT16
WARRANT MORE , LESS , OR THE SAME DEGREE OF OVERSIGHT BY THE17
COMMISSION;18
(b) W HETHER EXISTING STATUTES AND COMMISSION RULES19
ESTABLISH THE LEAST RESTRICTIVE FORM OF OVERSIGHT THAT IS20
CONSISTENT WITH THE PUBLIC INTEREST, CONSIDERING OTHER AVAILABLE21
MEANS OF REGULATION;22
(c) W HETHER EXISTING STATUTES AND COMMISSION RULES23
STIMULATE OR RESTRICT COMPETITION; AND24
(d) WHETHER STATUTORY OR RULE CHANGES ARE NECESSARY TO25
IMPROVE COMMISSION EFFICIENCY OR TO ENHANCE THE PUBLIC INTEREST.26
(4) A FTER CONDUCTING THE STUDY , THE COMMISSION SHALL27
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PUBLISH A REPORT OF THE STUDY 'S FINDINGS AND MAKE1
RECOMMENDATIONS TO THE GENERAL ASSEMBLY BY JANUARY 1, 2028.2
(5) THIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2028.3
SECTION 25. In Colorado Revised Statutes, 40-10.1-302,4
amend (4) as follows:5
40-10.1-302. Permit requirements - rules.6
(4) In order to obtain a permit under this section, an applicant7
must have SHALL DEMONSTRATE THAT each vehicle operated under the8
permit HAS BEEN inspected within the immediately preceding twenty days9
by a qualified mechanic in accordance with rules promulgated by the10
commission. The applicant must also attach a report showing each vehicle11
passed inspection IN ACCORDANCE WITH RULES ADOPTED BY THE12
COMMISSION.13
SECTION 26. In Colorado Revised Statutes, 40-10.1-702,14
amend (3) as follows:15
40-10.1-702. Large-market taxicab service - permit required16
- rules.17
(3) In order to obtain a permit under this section, an applicant18
must SHALL demonstrate that each vehicle operated under the permit has19
been inspected within the immediately preceding twelve months by a20
qualified mechanic in accordance with rules promulgated ADOPTED by the21
commission.22
SECTION 27. In Colorado Revised Statutes, 40-18-101, amend23
(3) and (6); repeal (5); and add (2.4) and (2.6) as follows:24
40-18-101. Definitions.25
As used in this article 18, unless the context otherwise requires:26
(2.4) "PROGRAM STANDARD" MEANS A STATE SAFETY OVERSIGHT27
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PROGRAM STANDARD DEVELOPED BY THE COMMISSION IN CONFORMANCE1
WITH 49 CFR 674, "STATE SAFETY OVERSIGHT".2
(2.6) "PUBLIC TRANSPORTATION AGENCY SAFETY PLAN " MEANS3
THE DOCUMENTED COMPREHENSIVE AGENCY SAFETY PLAN FOR A RAIL4
FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEM , INCLUDING A RAIL5
TRANSIT AUTHORITY, THAT IS REQUIRED BY 49 U.S.C. SEC. 5329 (d) AND6
BASED ON A SAFETY MANAGEMENT SYSTEM, AS DEFINED IN 49 CFR 673.5.7
(3) (a) "Rail fixed guideway PUBLIC TRANSPORTATION system"8
means any A light, heavy, or rapid rail system, monorail, inclined plane,9
funicular, trolley, or automated guideway used to transport passengers10
that is not regulated by the federal railroad administration.11
(b) The term "Rail fixed guideway PUBLIC TRANSPORTATION12
system" does not include:13
(I) Funiculars that are passenger tramways as defined in section14
12-150-103 (5)(c) and are subject to the jurisdiction of the Colorado15
passenger tramway safety board created in section 12-150-104; OR 16
(II) AUTOMATED PEOPLE MOVERS THAT ARE CONVEYANCES , AS17
DEFINED IN SECTION 9-5.5-103 (11), AND ARE SUBJECT TO THE18
JURISDICTION OF THE DIRECTOR OF THE DIVISION OF OIL AND PUBLIC19
SAFETY CREATED IN SECTION 8-20-101.20
(5) "System safety program standard" means a safety standard21
developed by the commission in conformance with 49 CFR 674, entitled22
"State Safety Oversight".23
(6) "Transit agency" means an entity operating a rail fixed24
guideway PUBLIC TRANSPORTATION system.25
SECTION 28. In Colorado Revised Statutes, amend 40-18-10226
as follows:27
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40-18-102. Rail fixed guideway public transportation system1
oversight program - commission may establish.2
The commission is authorized to establish an oversight program3
for the safety and security of rail fixed guideway PUBLIC4
TRANSPORTATION systems in accordance with section 28 of the5
"Intermodal Surface Transportation Efficiency Act of 1991", 49 U.S.C.6
sec. 5330, and the "Moving Ahead for Progress in the 21st Century Act",7
49 U.S.C. sec. 5329.8
SECTION 29. In Colorado Revised Statutes, amend 40-18-1039
as follows:10
40-18-103. Commission to adopt rules.11
(1) The commission shall promulgate ADOPT rules as are12
necessary to:13
(a) Require, review, approve, and monitor the creation and14
implementation of a system PUBLIC TRANSPORTATION AGENCY safety15
program plan for each rail fixed guideway PUBLIC TRANSPORTATION16
system operating in Colorado;17
(b) Investigat e hazardous conditions and accidents SAFETY18
EVENTS on rail fixed guideway PUBLIC TRANSPORTATION systems;19
(c) Require corrective action BY A RAIL FIXED GUIDEWAY PUBLIC20
TRANSPORTATION SYSTEM OPERATED by a transit agency to correct or21
eliminate hazardous conditions; AND22
(d) Require that system safety THE program standards comply23
STANDARD THAT THE COMMISSION DEVELOPS COMPLIES with the24
requirements of 49 CFR 674, entitled "State Safety Oversight", at a25
minimum, and also adequately address the issue of personal security26
PROGRAM STANDARD.27
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(2) The commission shall promulgate ADOPT rules to establish a1
system safety oversight program for rail fixed guideway PUBLIC2
TRANSPORTATION systems operating within the state. that, at a minimum,3
meets the requirements of 49 CFR 674, entitled "State Safety Oversight".4
SECTION 30. In Colorado Revised Statutes, 40-4-106, amend5
(6)(e), (6)(f), and (6)(g)(II) as follows:6
40-4-106. Rules for public safety - crossings - civil fines -7
allocation of expenses - definitions.8
(6) As used in this section, unless the context otherwise requires:9
(e) "Rail fixed guideway" means a person possessing rail fixed10
guideway PUBLIC TRANSPORTATION system facilities by ownership or11
lease.12
(f) (I) "Rail fixed guideway PUBLIC TRANSPORTATION system" has13
the meaning set forth in section 40-18-101 (3).14
(II) "Rail fixed guideway PUBLIC TRANSPORTATION system"15
includes street railroads, street railways, and electric railroads, as those16
terms are used in article 24 of this title 40.17
(g) (II) "Railroad" does not include A rail fixed guideways18
GUIDEWAY or A rail fixed guideway systems PUBLIC TRANSPORTATION19
SYSTEM.20
SECTION 31. In Colorado Revised Statutes, repeal 40-18-10521
as follows:22
40-18-105. Calculation and assessment of fees.23
(1) Repealed.24
(2) (a) At each regular session, the general assembly shall25
determine the amounts to be expended by the commission from the public26
utilities commission fixed utility fund created in section 40-2-114 for its27
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administrative expenses under this article, including any additional FTE1
that may be necessary.2
(b) The director of the public utilities commission shall provide3
written notice to the revisor of statutes once the federal grant moneys4
made available under the "Moving Ahead for Progress in the 21st Century5
Act", 49 U.S.C. sec. 5329, have been awarded to the state. This6
subsection (2) takes effect upon the receipt by the revisor of statutes of7
such written notice.8
SECTION 32. In Colorado Revised Statutes, 40-2-109, amend9
(2)(a) introductory portion and (2)(a)(II); and repeal (2)(b) as follows:10
40-2-109. Report to executive director of the department of11
revenue.12
(2) (a) On March 1 of each year, the public utilities commission13
shall furnish the executive director of the department of revenue with a14
list of those public utilities subject to its THE COMMISSION'S jurisdiction,15
supervision, and regulation on January 1 of each year. The provisions of16
This subsection (2) shall DOES not apply to:17
(II) Rail fixed guideway PUBLIC TRANSPORTATION systems that are18
regulated by the public utilities commission pursuant to part 1 of article19
18 of this title TITLE 40.20
(b) The director of the public utilities commission shall provide21
written notice to the revisor of statutes once the federal grant money made22
available under the "Moving Ahead for Progress in the 21st Century Act",23
49 U.S.C. sec. 5329, have been awarded to the state. This subsection (2)24
takes effect upon the receipt by the revisor of statutes of such written25
notice.26
SECTION 33. In Colorado Revised Statutes, 40-2-114, amend27
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(1)(a) introductory portion and (1)(a)(I) as follows:1
40-2-114. Disposition of fees collected - telecommunications2
utility fund - fixed utility fund - appropriation.3
(1) (a) Three percent of the fees collected under section 40-2-1134
by the department of revenue shall be remitted to the state treasurer and5
credited by The state treasurer SHALL CREDIT THE FEES COLLECTED UNDER6
SECTION 40-2-113 as follows:7
(I) Notwithstanding any other provision of this paragraph (a), for8
the 2016-17 fiscal year and SUBSECTION (1)(a), for any STATE fiscal year9
thereafter in which a grant match is required for the receipt of federal10
money under the federal "Moving Ahead for Progress in the 21st Century11
Act", Pub.L. 112-141, 126 Stat. 405, 49 U.S.C. SEC. 5329 for rail fixed12
guideway system PUBLIC TRANSPORTATION safety oversight13
responsibilities under article 18 of this title, the lesser of all of the fees or14
up to one hundred fifty thousand dollars of the fees, or as much thereof15
as TITLE 40, THE AMOUNT the commission deems necessary to the public16
utilities commission fixed ut ility fund created in paragraph (b) of this17
subsection (1) SUBSECTION (1)(b) OF THIS SECTION IN ORDER TO OBTAIN18
THE FEDERAL GRANT MATCH;19
SECTION 34. In Colorado Revised Statutes, 6-1-905, amend20
(3)(b) introductory portion and (3)(b)(II) as follows:21
6-1-905. Establishment and operation of a Colorado no-call22
list - rules.23
(3) (b) The public utilities commission shall establish, by rule,24
guidelines for the designated agent for the development and maintenance25
of the Colorado no-call list so that the no-call list can easily be accessed26
by persons or entities desiring to make telephone solicitations and by state27
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and local law enforcement agencies. As soon as practicable, after March1
25, 2003, the public utilities commission shall promulgate ADOPT rules2
that:3
(II) Specify that there shall be an annual registration fee IN AN4
AMOUNT of not more than five hundred ONE THOUSAND dollars for TO BE5
PAID BY persons or entities that wish to make telephone solicitations or6
otherwise access the database of telephone numbers and zip codes7
contained in the Colorado no-call list database. The public utilities8
commission shall determine such THE AMOUNT OF THE fee on a sliding9
scale so that persons or entities with fewer than five employees shall DO10
NOT pay no A fee. In addition, there A FEE shall be no fee NOT BE charged11
to conforming list brokers or nonprofit corporations, as defined in section12
7-121-401 (26). C.R.S. The maximum fee AMOUNT TO BE PAID BY13
PERSONS OR ENTITIES THAT WISH TO MAKE TELEPHONE SOLICITATIONS OR14
OTHERWISE ACCESS THE COLORADO NO -CALL LIST DATABASE shall be15
charged only to persons or entities with more than one thousand16
employees. Moneys T HE COMMISSION SHALL ESTABLISH , BY RULE , A17
SEPARATE FEE CHARGED TO CONFORMING LIST BROKERS. MONEY collected18
from such AS fees PURSUANT TO THIS SUBSECTION (3)(b)(II) shall BE USED19
TO cover the direct and indirect costs related to the creation and operation20
of the Colorado no-call list. Moneys from such T HE fees shall be21
collected by and paid directly to the designated agent. The public utilities22
commission shall have the authority to MAY annually adjust the fees23
below the stated maximum based on revenue history of the fees received24
by the designated agent. The designated agent shall provide means for25
online registration and credit card payment of fees charged pursuant to26
this subparagraph (II) SUBSECTION (3)(b)(II). Each such person or entity27
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shall provide a current business name, business address, email address if1
available, and telephone number when initially registering for the no-call2
list. This information shall be updated when changes occur.3
SECTION 35. In Colorado Revised Statutes, 40-1-102, add (8.4),4
(13), (14), and (15) as follows:5
40-1-102. Definitions.6
As used in articles 1 to 7 of this title 40, unless the context7
otherwise requires:8
(8.4) (a) "I NTRASTATE TELECOMMUNICATIONS " MEANS A9
COMMUNICATION OR TRANSMISSION USING A TELECOMMUNICATIONS10
SERVICE THAT ORIGINATES AND TERMINATES WITHIN THE STATE.11
(b) "I NTRASTATE TELECOMMUNICATIONS " INCLUDES ALL12
COMMUNICATION OR TRANSMISSION BETWEEN TWO POINTS WITHIN THE13
STATE USING:14
(I) LANDLINE OR WIRELINE TELECOMMUNICATIONS SERVICES;15
(II) WIRELESS OR CELLULAR TELECOMMUNICATIONS SERVICES;16
(III) I NTERCONNECTED VOICE -OVER-INTERNET PROTOCOL17
SERVICES;18
(IV) SATELLITE-BASED TELECOMMUNICATIONS SERVICES; OR19
(V) A FUNCTIONALLY EQUIVALENT INTERCONNECTED20
TELECOMMUNICATIONS SERVICE , INCLUDING PENAL COMMUNICATIONS21
SERVICES AS DEFINED IN SECTION 17-42-103 (2)(e), REGARDLESS OF THE22
TECHNOLOGY USED TO PROVIDE THE SERVICE.23
(13) "T ELECOMMUNICATIONS" AND "TELECOMMUNICATIONS24
SERVICE" HAVE THE MEANING SET FORTH IN 47 U.S.C. SEC. 153.25
(14) "V OICE-OVER-INTERNET PROTOCOL SERVICE " HAS THE26
MEANING SET FORTH IN SECTION 40-15-102 (33).27
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(15) "V OICE SERVICE PROVIDER " MEANS ANY PERSON THAT1
PROVIDES A TELECOMMUNICATIONS SERVICE, REGARDLESS OF WHETHER2
THE PERSON IS CONSIDERED A PUBLIC UTILITY PURSUANT TO SECTION3
40-1-103. "VOICE SERVICE PROVIDER" INCLUDES:4
(a) A PROVIDER OF A WIRELESS , CELLULAR , OR MOBILE5
TELECOMMUNICATIONS SERVICE;6
(b) A N INTERCONNECTED VOICE -OVER-INTERNET PROTOCOL7
SERVICE;8
(c) A LANDLINE OR WIRELINE TELECOMMUNICATIONS SERVICE;9
(d) A SATELLITE-BASED TELECOMMUNICATIONS SERVICE; AND10
(e) A PENAL COMMUNICATIONS SERVICE PROVIDER, AS DEFINED IN11
SECTION 17-42-103 (2).12
SECTION 36. In Colorado Revised Statutes, 40-2-109, amend13
(2)(a) introductory portion as follows:14
40-2-109. Report to executive director of the department of15
revenue.16
(2) (a) On March 1 of each year, the public utilities commission17
shall furnish the executive director of the department of revenue with a18
list of those public utilities subject to its THE PUBLIC UTILITIES19
COMMISSION'S jurisdiction, supervision, and regulation on January 1 of20
each year AND A LIST OF VOICE SERVICE PROVIDERS. The provisions of this21
subsection (2) shall DO not apply to:22
SECTION 37. In Colorado Revised Statutes, amend 40-2-111 as23
follows:24
40-2-111. Report of utilities to department of revenue.25
Each public utility AND VOICE SERVICE PROVIDER required to pay26
such fees shall, on or before May 15 of each year, file a return with the27
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department of revenue on such forms as shall be prescribed by the1
executive director of the department of revenue and the public utilities2
commission setting forth the gross operating revenues of such THE public3
utility OR VOICE SERVICE PROVIDER from intrastate utility business only4
transacted ONLY in the state of Colorado during the preceding calendar5
year. Such T HE return shall be executed and verified by two of the6
executive officers of the PUBLIC utility OR VOICE SERVICE PROVIDER7
making the return and shall contain or be verified by a written declaration8
that it is made under the penalties of perjury in the second degree, and any9
officer who knowi ngly and willfully makes and signs a false return is10
guilty of perjury in the second degree.11
SECTION 38. In Colorado Revised Statutes, 40-2-112, amend12
(1) as follows:13
40-2-112. Computation of fees.14
(1) (a) On or before June 1 of each year, the executive director of15
the department of revenue shall ascertain the aggregate amount of gross16
operating revenues of telephone corporations VOICE SERVICE PROVIDERS17
and all other public utilities filing returns as provided in section 40-2-111.18
Based on appropriations made by the general assembly the executive19
director of the department of regulatory agencies shall specify, for the20
telecommunications utility fund created in section 40-2-114 (1)(b)(I) and21
the public utilities commission fixed utility fund created in section22
40-2-114 (1)(b)(II), THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF23
REGULATORY AGENCIES SHALL SPECIFY the AMOUNT OF revenue THAT IS24
needed to provide PAY for the direct and indirect costs of the supervision25
and regulation of telephone corporations VOICE SERVICE PROVIDERS and26
all other public utilities under the jurisdiction of the department of27
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regulatory agencies, excluding the amount of money provided as1
administrative support from the various telecommunications programs2
administered by the commission, including the high cost support3
mechanism established in section 40-15-208, the 911 surcharge4
established in section 29-11-102.3, the 988 surcharge established in5
section 40-17.5-102, and the telephone disability access surcharge6
established in section 40-17-102.7
(b) (I) For each telephone corporation VOICE SERVICE PROVIDER,8
the executive director of the department of regulatory agencies shall9
compute CALCULATE the percentage which the amount of revenue needed10
for the direct and indirect costs of the supervision and regulation of11
telephone corporations VOICE SERVICE PROVIDERS is of the aggregate12
amount of gross operating revenues of the telephone corporation VOICE13
SERVICE PROVIDER derived from intrastate utility AND INTRASTATE14
TELECOMMUNICATIONS business transacted during the preceding calendar15
year, and that percentage shall be the basis upon which fees due from16
telephone corporations VOICE SERVICE PROVIDERS for the ensuing year17
shall be fixed.18
(II) For each public utility other than a telephone corporation, the19
executive director of the department of regulatory agencies shall compute20
the percentage which the amount of revenue needed for the direct and21
indirect costs of the supervision and regulation of public utilities other22
than telephone co rporations is of the aggregate amount of THE PUBLIC23
UTILITY'S gross operating revenues of such public utilities THAT WERE24
derived from intrastate utility business transacted during the preceding25
calendar year, and that percentage shall be the basis upon which fees due26
from the public utilities for the ensuing year shall be fixed.27
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SECTION 39. In Colorado Revised Statutes, 40-2-113, amend1
(1) and (2) as follows:2
40-2-113. Collection of fees - limitation.3
(1) On or before June 15 of each year, the department of revenue4
shall notify each public utility subject to this article 2 AND EACH VOICE5
SERVICE PROVIDER of the amount of its fee for the ensuing fiscal year6
beginning July 1, computed by multiplying its gross intrastate utility AND7
INTRASTATE TELECOMMUNICATIONS operating revenues for the preceding8
calendar year, as set forth in its THE PUBLIC UTILITY'S OR VOICE SERVICE9
PROVIDER'S return filed for that purpose, by the percentage determined in10
accordance with section 40-2-112; except that the department of revenue11
shall not require a public utility that is a telephone corporation to pay a12
fee in excess of two-fifths of one percent of its gross intrastate utility AND13
INTRASTATE TELECOMMUNICATIONS operating revenues for the preceding14
calendar year and shall not require any other public utility to pay a fee in15
excess of forty-five one-hundredths of one percent of its gross intrastate16
utility AND INTRASTATE TELECOMMUNICATIONS operating revenues for the17
preceding calendar year.18
(2) Each public utility including penal communications service19
providers, as defined in section 17-42-103 (2), AND EACH VOICE SERVICE20
PROVIDER shall pay the fee assessed against it to the department of21
revenue in equal quarterly installments on or before July 15, October 15,22
January 15, and April 15 in each fiscal year. If a public utility OR VOICE23
SERVICE PROVIDER does not make a payment by one of the quarterly24
deadlines, the department of revenue shall charge the public utility OR25
VOICE SERVICE PROVIDER a penalty of ten percent of the installment due,26
together with interest at the rate of one percent per month on the amount27
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of the unpaid installment until the full amount of the installment, penalty,1
and interest has been paid. Upon failure, refusal, or neglect of any public2
utility OR VOICE SERVICE PROVIDER to pay the fee, or any penalty or3
interest, the attorney general shall bring suit in the name of the state to4
collect the amount due.5
SECTION 40. In Colorado Revised Statutes, 29-11-104, amend6
(2)(a)(II)(A) as follows:7
29-11-104. Use of money collected.8
(2) (a) (II) If money is available after the costs and charges9
enumerated in subsection (2)(a)(I) of this section are fully paid in a given10
year, the money may be expended for:11
(A) Public safety radio equipment outside the PSAP THAT IS USED12
FOR DISPATCHING EMERGENCY SERVICE PROVIDERS TO RESPOND TO 91113
CALLS; or14
SECTION 41. In Colorado Revised Statutes, 17-42-103, amend15
(5)(a) and (5)(c)(III) as follows:16
17-42-103. Policies concerning inmates' use of telephones -17
excessive rates prohibited - transparency of communications services18
in correctional facilities - report - definitions - rules.19
(5) (a) Starting on January 1, 2022, T HE PUBLIC UTILITIES20
COMMISSION MAY ESTABLISH, BY RULE, INTRASTATE rate caps AND CAPS21
ON ANCILLARY SERVICE CHARGES established by the federal22
communications commission TO apply to all in-state debit, prepaid, and23
collect calls to or from a correctional facility. THE INTRASTATE RATE CAPS24
MAY TAKE EFFECT JANUARY 1, 2027. THE PUBLIC UTILITIES COMMISSION25
MAY ANNUALLY ADJUST THE RATE CAPS IN AN AMOUNT NOT TO EXCEED26
ANY INTRASTATE RATE CAPS ESTABLISHED BY THE FEDERAL27
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COMMUNICATIONS COMMISSION. THE PUBLIC UTILITIES COMMISSION MAY1
ENFORCE THE RATE CAPS.2
(c) The public utilities commission shall comply with the3
following steps when conducting trial tests of penal communications4
services:5
(III) Tests may be conducted remotely. All correctional facilities6
AND PENAL COMMUNICATIONS SERVICE PROVIDERS shall cooperate with7
the public utilities commission in conducting tests of penal8
communications services.9
SECTION 42. In Colorado Revised Statutes, 40-7-117, amend10
(2) introductory portion and (2)(c) as follows:11
40-7-117. Gas pipeline safety rules - civil penalty for violations12
- other remedies - rules.13
(2) Any THE COMMISSION MAY REDUCE THE AMOUNT OF A civil14
penalty authorized by this section may be reduced by the commission15
based on consideration of objective metrics and factors set forth in rules.16
The metrics and factors must include:17
(c) The extent to which the violator agrees to spend, in lieu of18
payment of part of the civil penalty, a specified dollar amount on19
commission-approved measures to reduce the overall risk to pipeline20
system safety or integrity; except that the amount of the penalty payable21
to the commission shall MUST be no less than five thousand dollars22
UNLESS THE VIOLATOR IS A SMALL OPERATOR, AS THAT TERM IS DEFINED23
BY THE COMMISSION BY RULE.24
SECTION 43. In Colorado Revised Statutes, 40-3-104.4, add (3)25
as follows:26
40-3-104.4. Simplified regulatory treatment for small or27
HB26-1326-42-
nonprofit water utilities - study of privately owned water utilities -1
repeal.2
(3) (a) ON OR BEFORE EIGHTEEN MONTHS AFTER THE EFFECTIVE3
DATE OF THIS SUBSECTION (3), THE COMMISSION SHALL CONDUCT A STUDY4
THAT:5
(I) I DENTIFIES ALL PRIVATELY OWNED WATER UTILITIES IN THE6
STATE;7
(II) A SSESSES THE FINANCIAL CONDITION OF EACH OF THE8
PRIVATELY OWNED WATER UTILITIES;9
(III) ANALYZES WHAT OPTIONS ARE AVAILABLE TO THE PRIVATELY10
OWNED WATER UTILITIES TO TRANSITION INTO SPECIAL DISTRICTS ,11
MUNICIPAL ENTITIES , PUBLIC INTEREST NONPROFIT ORGANIZATIONS ,12
MEMBER-OWNED NONPROFIT ORGANIZATIONS , OR OTHER TYPES OF13
ENTITIES; AND14
(IV) ADDRESSES WHAT UPGRADE COSTS ARE NECESSARY FOR THE15
MAINTENANCE OR ENVIRONMENTAL COMPLIANCE OF PRIVATELY OWNED16
WATER UTILITY INFRASTRUCTURE AND WHETHER A DISTINCT FUNDING17
STREAM SHOULD BE MADE AVAILABLE TO SUPPORT THE UPGRADE COSTS.18
(b) THE COMMISSION SHALL COMPLETE AND MAKE THE RESULTS OF19
THE STUDY PUBLICLY AVAILABLE ON THE COMMISSION'S WEBSITE ON OR20
BEFORE OCTOBER 1, 2031.21
(c) THIS SUBSECTION (3) IS REPEALED, EFFECTIVE SEPTEMBER 1,22
2032.23
SECTION 44. Act subject to petition - effective date -24
applicability. (1) This act takes effect at 12:01 a.m. on the day following25
the expiration of the ninety-day period after final adjournment of the26
general assembly (August 12, 2026, if adjournment sine die is on May 13,27
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2026); except that, if a referendum petition is filed pursuant to section 11
(3) of article V of the state constitution against this act or an item, section,2
or part of this act within such period, then the act, item, section, or part3
will not take effect unless approved by the people at the general election4
to be held in November 2026 and, in such case, will take effect on the5
date of the official declaration of the vote thereon by the governor.6
(2) This act applies to conduct occurring on or after the applicable7
effective date of this act.8
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