C.R.S. Section 40-2-108

  • legislative declaration


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, agency, political subdivision, association of officers, agencies, or political subdivisions and to any representative of twenty-five or more consumers. The commission shall be governed by the provisions of article 4 of title 24, C.R.S., for the promulgation and adoption of rules; except that, notwithstanding any provision of the said article 4 of title 24, C.R.S., to the contrary, the commission shall issue a decision whenever it adopts rules in accordance with this section.


Notwithstanding section 24-4-103 (6), C.R.S., any temporary or emergency rule adopted by the commission shall be effective until a permanent rule that replaces the temporary or emergency rule is effective but not for more than two hundred ten days after the date of adoption.


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The general assembly finds, determines, and declares that:


Certain communities, both in Colorado and internationally, have historically been forced to bear a disproportionate burden of adverse human health or environmental effects, as documented in numerous studies, including the “Toxic Wastes and Race at Twenty, 1987-2007” report by the United Church of Christ Justice & Witness Ministries; the federal environmental protection agency’s annual environmental justice progress reports; and a 2021 report from the “Mapping for Environmental Justice” project at the Berkeley Public Policy/The Goldman School that shows how the pollution burden is distributed in Colorado, while also facing systemic exclusion from environmental decision-making processes and enjoying fewer environmental benefits; and


The purpose of this subsection (3) is to ensure that the commission, in exercising its regulatory authority, will take account of and, where possible, help to correct these historical inequities.


The commission shall promulgate rules requiring that the commission, in all of its work including its review of all filings and its determination of all adjudications, consider how best to provide equity, minimize impacts, and prioritize benefits to disproportionately impacted communities and address historical inequalities.


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In promulgating rules pursuant to this subsection (3), the commission shall identify disproportionately impacted communities. In identifying the communities, the commission shall consider minority, low-income, tribal, or indigenous populations in the state that experience disproportionate environmental harm and risks resulting from such factors as increased vulnerability to environmental degradation, lack of opportunity for public participation, or other factors. Increased vulnerability may be attributable to an accumulation of negative or a lack of positive environmental, health, economic, or social conditions within these populations.


When making decisions relating to retail customer programs, the commission shall host informational meetings, workshops, and hearings that invite input from disproportionately impacted communities and shall ensure, to the extent reasonably possible, that such programs, including any associated incentives and other relevant investments, include floor expenditures, set aside as equity budgets, to ensure that low-income customers and disproportionately impacted communities will have at least proportionate access to the benefits of such programs, incentives, and investments.



Source: Section 40-2-108 — Rules - legislative declaration, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-40.­pdf (accessed Oct. 20, 2023).

Creation - appointment - term - subject to termination - repeal of part
Oath - qualifications
Director - duties
Assistants and employees - utilization of independent experts
Financial disclosures by intervenors
Office - sessions - seal - supplies
Reports and decisions of the commission
Compensation and expenses of employees
Rules - legislative declaration
Report to executive director of the department of revenue
Incentives for distributed generation - definition
Appropriation and fees
Annual fees - public utilities commission motor carrier fund - created
Report of utilities to department of revenue
Computation of fees
Collection of fees - limitation
Disposition of fees collected - telecommunications utility fund - fixed utility fund - appropriation
Cooperation with other states and with the United States - natural gas pipeline safety - customer-owned service line maintenance and repairs notice of responsibility - rules - definitions
Exemption of rail carrier transportation
Rail transportation policy
Natural gas - deregulation of supply - voluntary separation of service offerings - consumer protection - legislative declaration - definition - rules
Energy technologies - consideration by commission - incentives - demonstration projects - definitions - repeal
Renewable energy standards - qualifying retail and wholesale utilities - definitions - net metering - legislative declaration - rules
Eminent domain restrictions
Carbon dioxide emission reductions - goal to eliminate by 2050 - legislative declaration - interim targets - submission and approval of plans - definitions - cost recovery - reports - rules
Transmission facilities - biennial review - energy resource zones - definitions - plans - approval - cost recovery - powerline trail consideration
Community energy funds - community solar gardens - definitions - rules - legislative declaration - repeal
Community energy funds - community geothermal gardens - rules - legislative declaration - definitions - repeal
Solar photovoltaic installations - supervision by certified practitioners - qualifications of electrical contractors - definitions
New resource acquisitions - factors in determination - local employment - “best value” employment metrics - rules - report
Distributed resources - energy storage systems - definitions - legislative declaration - rules
State of 911 report
Distribution system planning - definition - rules
Workforce transition planning filing - definition
Wholesale electric cooperatives - electric resource planning - definition - rules
Retail distributed generation - customers’ rights - rules - penalties
Energy storage systems - terms and conditions for installation, interconnection, and use by cooperatives - legislative declaration - definitions
Investor-owned utility electric resource planning - retirement of electric generating facility - commission to consider securitization as means of financing
Projects for the production of clean hydrogen - proceeding - hydrogen hub projects - rules - reports - definitions
Investor-owned utility electric resource planning - maximum discount rate authorized
Legislative declaration
Procurement mechanisms - determination by commission - rules
Green check means up to date. Up to date

Current through Fall 2024

§ 40-2-108’s source at colorado​.gov