C.R.S. Section 40-3.2-202
Legislative declaration


The general assembly hereby finds, determines, and declares that the federal “Clean Air Act”, 42 U.S.C. sec. 7401 et seq., will likely require reductions in emissions from coal-fired power plants operated by rate-regulated utilities in Colorado. A coordinated plan of emission reductions from these coal-fired power plants will enable Colorado rate-regulated utilities to meet the requirements of the federal act and protect public health and the environment at a lower cost than a piecemeal approach. A coordinated plan of reduction of emissions for Colorado’s rate-regulated utilities will also result in reductions in many air pollutants and promote the use of natural gas and other low-emitting resources to meet Colorado’s electricity needs, which will in turn promote development of Colorado’s economy and industry.


The general assembly further finds that the use of natural gas to reduce coal-fired emissions may require rate-regulated utilities to enter into long-term contracts for natural gas in a manner that protects electricity consumers. Even though such long-term contracts might be beneficial to consumers, financial rating agencies could find that such long-term contracts increase the financial risk to rate-regulated utilities, which in turn could increase the cost of capital to these utilities. The general assembly finds that it is important to give financial markets confidence that utilities will be able to recover the costs of long-term gas contracts without the risk of future regulators disallowing contracts.


The general assembly further finds and declares that Colorado rate-regulated utilities require timely and forward-looking reviews of their costs of providing utility service in order to undertake the comprehensive and extensive planning and changes to their business operations contemplated by this part 2. In order to allow these utilities to continue to provide reliable electric service, alter their operations in the manner described by this part 2, and meet other state public policy goals, it is imperative that Colorado rate-regulated utilities continue in sound financial condition and remain attractive investments so that sufficient capital is provided to achieve the state’s goals. To that end, the general assembly finds that the commission should have additional tools and more flexibility in its regulatory authority to ensure the continued financial health of these utilities. The general assembly also finds and declares that the actions provided for in this part 2 be implemented in a manner to address the sound economic, health, and environmental conditions of energy producing communities.

Source: Section 40-3.2-202 — Legislative declaration, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-40.­pdf (accessed Oct. 20, 2023).

Legislative declaration
Recovery of air quality improvement costs
Gas distribution utility demand-side management programs - recovery of costs - reports
Electricity utility demand-side management programs - rules - annual report - definition
Eliminating incentives for gas service to properties - gas line extension allowances - exemptions - definitions
Colorado energy office gas investment asset depreciation study - third-party evaluation - commission rules
Customer disconnection from investor-owned gas utility service - rules
Commission study on beneficial electrification - repeal
Labor standards for gas DSM projects
Labor standards for beneficial electrification projects
Labor standards for state thermal energy network and thermal energy system projects - definitions
Costs of pollution in utility planning - rules
Costs of methane pollution in gas DSM program planning - rules - definitions
Clean heat targets - legislative declaration - definitions - plans - rules - reports
Beneficial electrification plans for electric utilities - definition - rules - recovery of costs - report
Short title
Legislative declaration
Emission control plans - role of the department of public health and environment - timing of emission reductions - approval
Review - approval
Coal plant retirements - replacement resources
Cost recovery - legislative declaration
Air quality planning
Early reductions
Exemption from limits on voluntary emission reductions
Green check means up to date. Up to date

Current through Fall 2024

§ 40-3.2-202’s source at colorado​.gov