C.R.S. Section 40-2-126
Transmission facilities

  • biennial review
  • energy resource zones
  • definitions
  • plans
  • approval
  • cost recovery
  • powerline trail consideration

(1)

As used in this section, unless the context otherwise requires:

(a)

“Energy resource zone” means a geographic area in which transmission constraints hinder the delivery of electricity to Colorado consumers, the development of new electric generation facilities to serve Colorado consumers, or both.

(b)

“Local government” has the meaning set forth in section 33-45-102 (3).

(c)

“Powerline trail” has the meaning set forth in section 33-45-102 (5).

(2)

Biennially, on or before a date determined by the commission, commencing in 2016, each Colorado electric utility subject to rate regulation by the commission shall:

(a)

Designate energy resource zones;

(b)

Develop plans for the construction or expansion of transmission facilities necessary to deliver electric power consistent with the timing of the development of beneficial energy resources located in or near such zones;

(c)

Consider how transmission can be provided to encourage local ownership of renewable energy facilities, whether through renewable energy cooperatives as provided in section 7-56-210, C.R.S., or otherwise; and

(d)

Submit proposed plans, designations, and applications for certificates of public convenience and necessity to the commission for review pursuant to subsection (3) of this section.

(2.5)

In reviewing a plan that an electric utility submits pursuant to subsection (2)(d) of this section, the commission shall consider the need for expanded transmission capacity in the state, including the ability to expand capacity through the construction of new transmission lines, improvements to existing transmission lines, and connections to organized wholesale markets, as defined in section 40-5-108 (1)(a).

(3)

The commission may, consistent with its authority, approve a utility’s application for a certificate of public convenience and necessity for the cost-effective construction or expansion of transmission facilities pursuant to subsection (2)(b) of this section if the commission finds that:

(a)

The construction or expansion:

(I)

Is required to:

(A)

Ensure the reliable delivery of electricity to Colorado consumers, either alone or in combination with the consumers of other states served by an organized wholesale market as defined in section 40-5-108 (1)(a); or

(B)

Enable the utility to meet the renewable energy standards set forth in section 40-2-124 or achieve emission reductions under section 25-7-102 or 40-2-125.5;

(II)

Can reasonably accommodate future expansion, through the addition of more lines or greater capacity, as may be required to support the utility’s participation in an organized wholesale market as defined in section 40-5-108 (1)(a); and

(b)

The present or future public convenience and necessity require such construction or expansion.

(4)

Notwithstanding any other provision of law, in response to any application for a certificate of public convenience and necessity for the construction or expansion of transmission facilities that is submitted to the commission pursuant to subsection (2)(d) of this section, the commission shall issue a final order within two hundred forty days after the application is deemed complete and public notice of the application is given; except that the applicant may waive this two-hundred-forty-day deadline. Absent such waiver, if the commission does not issue a final order within that period, the application is deemed approved.

(5)

In any construction or expansion approved pursuant to this section, the utility shall use its own employees or qualified contractors, or both, but shall not use a contractor unless the contractor’s employees have access to an apprenticeship program registered with the United States department of labor’s office of apprenticeship or by a state apprenticeship agency recognized by that office; except that this apprenticeship requirement does not apply to:

(a)

The design, planning, or engineering of the transmission facilities;

(b)

Management functions to operate the transmission facilities; or

(c)

Any work performed in response to a warranty claim.

(6)

The commission shall amend its rules requiring the filing of ten-year transmission plans by utilities to also require utilities to:

(a)

Consider and address plans for the construction of new powerline trails in coordination with applicable local governments in each two-year update to a ten-year transmission plan; and

(b)

Demonstrate compliance with section 33-45-103 (2).

Source: Section 40-2-126 — Transmission facilities - biennial review - energy resource zones - definitions - plans - approval - cost recovery - powerline trail consideration, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-40.­pdf (accessed Oct. 20, 2023).

40‑2‑101
Creation - appointment - term - subject to termination - repeal of part
40‑2‑102
Oath - qualifications
40‑2‑103
Director - duties
40‑2‑104
Assistants and employees - utilization of independent experts
40‑2‑104.5
Financial disclosures by intervenors
40‑2‑105
Office - sessions - seal - supplies
40‑2‑106
Reports and decisions of the commission
40‑2‑107
Compensation and expenses of employees
40‑2‑108
Rules - legislative declaration
40‑2‑109
Report to executive director of the department of revenue
40‑2‑109.5
Incentives for distributed generation - definition
40‑2‑110
Appropriation and fees
40‑2‑110.5
Annual fees - public utilities commission motor carrier fund - created
40‑2‑111
Report of utilities to department of revenue
40‑2‑112
Computation of fees
40‑2‑113
Collection of fees - limitation
40‑2‑114
Disposition of fees collected - telecommunications utility fund - fixed utility fund - appropriation
40‑2‑115
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
40‑2‑119
Exemption of rail carrier transportation
40‑2‑120
Rail transportation policy
40‑2‑122
Natural gas - deregulation of supply - voluntary separation of service offerings - consumer protection - legislative declaration - definition - rules
40‑2‑123
Energy technologies - consideration by commission - incentives - demonstration projects - definitions - repeal
40‑2‑124
Renewable energy standards - qualifying retail and wholesale utilities - definitions - net metering - legislative declaration - rules
40‑2‑125
Eminent domain restrictions
40‑2‑125.5
Carbon dioxide emission reductions - goal to eliminate by 2050 - legislative declaration - interim targets - submission and approval of plans - definitions - cost recovery - reports - rules
40‑2‑126
Transmission facilities - biennial review - energy resource zones - definitions - plans - approval - cost recovery - powerline trail consideration
40‑2‑127
Community energy funds - community solar gardens - definitions - rules - legislative declaration - repeal
40‑2‑127.5
Community energy funds - community geothermal gardens - rules - legislative declaration - definitions - repeal
40‑2‑128
Solar photovoltaic installations - supervision by certified practitioners - qualifications of electrical contractors - definitions
40‑2‑129
New resource acquisitions - factors in determination - local employment - “best value” employment metrics - rules - report
40‑2‑130
Distributed resources - energy storage systems - definitions - legislative declaration - rules
40‑2‑131
State of 911 report
40‑2‑132
Distribution system planning - definition - rules
40‑2‑133
Workforce transition planning filing - definition
40‑2‑134
Wholesale electric cooperatives - electric resource planning - definition - rules
40‑2‑135
Retail distributed generation - customers’ rights - rules - penalties
40‑2‑136
Energy storage systems - terms and conditions for installation, interconnection, and use by cooperatives - legislative declaration - definitions
40‑2‑137
Investor-owned utility electric resource planning - retirement of electric generating facility - commission to consider securitization as means of financing
40‑2‑138
Projects for the production of clean hydrogen - proceeding - hydrogen hub projects - rules - reports - definitions
40‑2‑139
Investor-owned utility electric resource planning - maximum discount rate authorized
40‑2‑201
Legislative declaration
40‑2‑202
Definitions
40‑2‑203
Procurement mechanisms - determination by commission - rules
Green check means up to date. Up to date

Current through Fall 2024

§ 40-2-126’s source at colorado​.gov