C.R.S. Section 40-9.5-104
Procedure for exemption

  • election

(1)

Intentionally left blank —Ed.

(a)

The board of directors of each cooperative electric association may, at its option, submit the question of its exemption from the “Public Utilities Law”, articles 1 to 7 of this title, to its members and its consumers. Approval by a majority of those voting in the election shall be required for such exemption.

(b)

The board of directors of the cooperative electric association shall be responsible for mailing the ballots to all members and consumers of the association, for counting the returned ballots, and for determining the result of the election and shall also be responsible for insuring that the election is not held in a dishonest, corrupt, or fraudulent manner. The ballot shall contain the following language:
"Shall ...... (name of the cooperative electric association) be exempt from regulation by the public utilities commission of the state of Colorado?
(
) Yes
(
) No"

(c)

The ballot must be postmarked or returned in an envelope accompanying the ballot with return postage paid within thirty days after it was mailed to the member or consumer.

(d)

The results of the election held pursuant to this subsection (1) shall be certified by the secretary of the board of directors of the cooperative electric association no later than sixty days after the ballots are mailed to the members and consumers, and said secretary shall file the results with the director of the public utilities commission.

(2)

Upon an affirmative vote of the members and consumers of the cooperative electric association on the question of exempting said association, the association shall be exempt from the “Public Utilities Law”, articles 1 to 7 of this title, beginning on the date the election results are filed with the public utilities commission.

Source: Section 40-9.5-104 — Procedure for exemption - election, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-40.­pdf (accessed Oct. 20, 2023).

40‑9.5‑101
Legislative declaration 40‑9.5‑102
Definitions 40‑9.5‑103
Exemption from “Public Utilities Law” 40‑9.5‑104
Procedure for exemption - election 40‑9.5‑105
Certificate of public convenience and necessity 40‑9.5‑106
Prohibited acts 40‑9.5‑107
Duties of cooperative electric associations 40‑9.5‑108
Public meetings - definition 40‑9.5‑108.5
Public posting of documents 40‑9.5‑109
Regulations governing consumer complaints 40‑9.5‑109.5
Election policy - adoption - publication - contents 40‑9.5‑109.7
Electronic participation - meetings - elections conducted by mail or electronic means - definition 40‑9.5‑110
Board of directors of cooperative electric associations - nomination - elections 40‑9.5‑110.5
Directors - required policies 40‑9.5‑111
Notice of meeting - agenda 40‑9.5‑112
Provisions applicable to cooperative electric associations 40‑9.5‑113
Method of reimposing public utilities commission regulation 40‑9.5‑114
Public utilities commission - fees 40‑9.5‑114.5
5-112 40‑9.5‑116
Investment in public-private transportation facilities 40‑9.5‑117
Surcharge for underground conversion of facilities 40‑9.5‑118
Net metering - rules 40‑9.5‑201
Legislative declaration 40‑9.5‑202
Definitions 40‑9.5‑203
Service rights and facilities of cooperative electric associations within municipalities or within areas to be annexed by municipalities which own and operate electric utilities 40‑9.5‑204
Just compensation for service rights and facilities by municipality 40‑9.5‑205
Purchase by cooperative electric association of electric distribution facilities and service rights of municipality 40‑9.5‑206
Provisions on purchase nonexclusive - no effect on existing contracts 40‑9.5‑207
Applicability
Green check means up to date. Up to date

Current through Fall 2024

§ 40-9.5-104’s source at colorado​.gov