Public utility defined
(II)As used in this paragraph (a), “water corporation” includes a combined water and sewer corporation, whether as a single entity or as different entities under common ownership.
(b)Nothing in articles 1 to 7 of this title 40 apply to:
(I)Irrigation systems, the chief or principal business of which is to supply water for the purpose of irrigation;
(II)Exemptions provided for in the constitution of the state of Colorado relating to municipal utilities;
(III)Hotels, motels, or other lodging-type entities that resell intrastate toll services to their lodging patrons and not to the general public;
(IV)Any consumer who owns pay telephone terminal equipment and who resells local exchange and toll service paid for by coin deposit, credit card, or otherwise by using the tariff services and facilities of regulated telephone utilities;
(V)The provision or resale to the general public of communications services over a cellular radio system. For purposes of this subparagraph (V), a “cellular radio” means a mobile communications system in which the radio frequency spectrum is divided into discrete channels which are assigned in groups to geographic cells within a service area and which are capable of being reused in different cells within that service area.
(2)Intentionally left blank —Ed.
(a)Every cooperative electric association, or nonprofit electric corporation or association, and every other supplier of electric energy, whether supplying electric energy for the use of the public or for the use of its own members, is hereby declared to be affected with a public interest and to be a public utility and to be subject to the jurisdiction, control, and regulation of the commission and to the provisions of articles 1 to 7 of this title.
(b)Intentionally left blank —Ed.
(I)Paragraph (a) of this subsection (2) requiring regulation by the commission shall not be applicable to a cooperative electric association which has voted to exempt itself from regulation pursuant to the provisions of section 40-9.5-103. Regulation of such cooperative electric associations shall be in the manner provided in part 1 of article 9.5 of this title.
(c)The supply of electricity or heat to a consumer of the electricity or heat from renewable energy generation facilities owned or operated by an entity other than the consumer, including a master meter operator, as described in section 40-1-103.5, does not subject the owner or operator of the renewable energy generation facilities to regulation as a public utility by the commission if the renewable energy generation facilities are located on property owned or leased by either:
(I)The consumer; or
(II)A master meter operator or another consumer served by the master meter operator.
(3)For the purposes of articles 1 to 7 of this title 40, a motor carrier that provides transportation not subject to regulation pursuant to section 40-10.1-105 or that is subject to part 3, 4, 5, or 7 of article 10.1 of this title 40 is not a public utility.
Section 40-1-103 — Public utility defined,
https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-40.pdf (accessed Oct. 20, 2023).