HB 1326

NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
     HOUSE BILL 26-1326
     BY REPRESENTATIVE(S) Duran and Willford, Goldstein, Joseph,
     Paschal, Smith, Velasco, Brown, English, Jackson, Lindsay, Marshall,
     Nguyen, McCluskie, Bacon, Boesenecker, Clifford, Garcia, Gilchrist,
     Mabrey, Mauro, McCormick, Ricks, Stewart K., Valdez;
     also SENATOR(S) Rodriguez and Cutter, Ball, Bridges, Exum, Gonzales J.,
     Kipp, Lindstedt, Marchman, Simpson, Snyder, Sullivan, Wallace, Coleman.
     CONCERNING THE CONTINUATION OF THE PUBLIC UTILITIES COMMISSION,
          AND, IN CONNECTION THEREWITH, IMPLEMENTING
          RECOMMENDATIONS IN THE 2025 SUNSET REPORT BY THE
             DEPARTMENT OF  REGULATORY  AGENCIES       AND     MAKING       AN
             APPROPRIATION.
     Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1. In Colorado Revised Statutes, 40-2-101, amend
     (3)(b)(I) as follows:
            40-2-101. Creation - appointment - term - subject to termination
     - repeal of part.
     ________
     Capital letters or bold & italic numbers indicate new material added to existing law; dashes
     through words or numbers indicate deletions from existing law and such material is not part of
     the act.
     (3) (b) (I) This part 1 is repealed, effective September 1, 2026
SEPTEMBER 1, 2033.
      SECTION 2. In Colorado Revised Statutes, add 40-2-106.5 as
follows:
        40-2-106.5. Transparency about electric and gas investor-owned
utility regulatory filings - commission informational meetings - annual
reports - summary of public comments in commission decisions.
      (1) ON OR BEFORE JANUARY 31, 2027, AND ON OR BEFORE EACH
JANUARY 31 THEREAFTER, AN ELECTRIC INVESTOR-OWNED UTILITY, A GAS
INVESTOR-OWNED UTILITY, OR A COMBINED ELECTRIC AND GAS
INVESTOR-OWNED UTILITY SHALL FILE WITH THE COMMISSION A SUMMARY
OF THE UTILITY'S ANTICIPATED REGULATORY FILINGS FOR THE FOLLOWING
CALENDAR YEAR. THE COMMISSION SHALL MAKE THE UTILITY'S FILINGS
PUBLICLY AVAILABLE ON ITS WEBSITE.
     (2) AFTER AN INVESTOR-OWNED UTILITY FILES WITH THE
COMMISSION A SUMMARY OF ITS ANTICIPATED REGULATORY FILINGS
PURSUANT TO SUBSECTION (1) OF THIS SECTION, THE COMMISSION SHALL
CONVENE AN INFORMATIONAL MEETING IN FEBRUARY OF THE YEAR
FOLLOWING THE DATE OF THE FILING TO DISCUSS THE ANTICIPATED
REGULATORY PROCEEDINGS.
    (3) ON OR BEFORE MARCH 31, 2027, AND ON OR BEFORE EACH
MARCH 31 THEREAFTER, THE COMMISSION SHALL SUBMIT AN ANNUAL
REPORT TO THE GENERAL ASSEMBLY SUMMARIZING ALL MAJOR
ADJUDICATED CASES AND RULE-MAKINGS THAT THE COMMISSION ENGAGED
IN DURING THE PREVIOUS YEAR. THE ANNUAL REPORT MUST INCLUDE:
       (a) A DESCRIPTION OF MAJOR COMMISSION CASES, AS DETERMINED
BY THE COMMISSION, AND WORK IN ITS UTILITY, TRANSPORTATION, AND
PIPELINE SAFETY INDUSTRY SECTORS;
      (b) A DESCRIPTION OF PROGRESS THE COMMISSION ACHIEVED ON
IMPLEMENTING THE EQUITY GOALS SET FORTH IN SECTION 40-2-108;
      (c) A DESCRIPTION OF PROGRESS THAT THE COMMISSION ACHIEVED
ON IMPLEMENTING THE "BEST VALUE" EMPLOYMENT METRICS, AS DESCRIBED
PAGE 2-HOUSE BILL 26-1326
IN SECTION 40-2-129, AND ENERGY SECTOR PUBLIC WORKS PROJECTS, AS
DEFINED IN SECTION 24-92-303 (5)(a); AND
      (d) DATA ON THE NUMBER OF CONSUMER COMPLAINTS RECEIVED
AND RESOLVED BY THE COMMISSION AND THE NUMBER OF THOSE
COMPLAINTS THAT RESULTED IN CONSUMER REFUNDS OR BILL ADJUSTMENTS.
      (4) ON AND AFTER SEPTEMBER 1, 2026, THE COMMISSION SHALL
INCLUDE IN EACH DECISION THAT THE COMMISSION REACHES ON A MATTER
BEFORE THE COMMISSION A SUMMARY OF THE PUBLIC COMMENTS THE
COMMISSION RECEIVED ON THE MATTER, INCLUDING A SUMMARY OF THE
VOLUME OF COMMENTS RECEIVED; AN OVERVIEW OF THE ADVOCATED
POSITIONS PRESENTED IN THE COMMENTS, INCLUDING COMMENTS THAT
SPECIFICALLY ADDRESSED EQUITY ISSUES AND IMPACTS TO
DISPROPORTIONATELY IMPACTED COMMUNITIES; AND A CLEAR EXPLANATION
OF HOW THE COMMISSION CONSIDERED THE ADVOCATED POSITIONS IN
REACHING ITS FINAL DECISION ON THE MATTER. PUBLIC COMMENTS SHALL
NOT BE CONSIDERED AS PART OF THE EVIDENTIARY RECORD.
       SECTION 3. In Colorado Revised Statutes, 24-34-104, repeal
(27)(a)(XVI); and add (34)(a)(XVII) as follows:
       24-34-104. General assembly review of regulatory agencies and
functions for repeal, continuation, or reestablishment - legislative
declaration - repeal.
       (27) (a) The following agencies, functions, or both, are scheduled
for repeal on September 1, 2026:
        (XVI) The Colorado public utilities commission created in article
2 of title 40;
       (34) (a) The following agencies, functions, or both, are scheduled
for repeal on September 1, 2033:
      (XVII) THE COLORADO PUBLIC UTILITIES COMMISSION CREATED IN
ARTICLE 2 OF TITLE 40.
      SECTION 4. In Colorado Revised Statutes, 40-2-101, amend (2);
and add (1)(c), (1)(d), and (2.5) as follows:
PAGE 3-HOUSE BILL 26-1326
      40-2-101. Creation - appointment - term - rules - subject to
termination - repeal of part.
      (1) (c) THE COMMISSION, ACTING THROUGH ITS DIRECTOR, HAS THE
POWERS, DUTIES, AND FUNCTIONS RELATED TO ITS BUDGETING, PURCHASING,
PLANNING, AND RELATED MANAGEMENT FUNCTIONS, INCLUDING HUMAN
RESOURCES.
       (d) WHEN APPOINTING COMMISSIONERS, THE GOVERNOR SHALL
CONSIDER INDIVIDUALS WHO ARE KNOWLEDGEABLE OF THE INDUSTRIES
THAT THE COMMISSION REGULATES AND WHO PROVIDE A DIVERSITY OF
EXPERIENCE AND UNDERSTANDING OF PUBLIC INTEREST CONSIDERATIONS,
INCLUDING LAW, FINANCE, EMISSION REDUCTION STRATEGIES, AND
CONSUMER PROTECTIONS.
       (2) No more than two members of the public utilities commission
shall be affiliated with the same political party, and any appointment to fill
a vacancy shall be for the unexpired term. Each commissioner shall be a
qualified elector of this state. The governor shall designate one member of
the commission as chair of the commission. The commissioners shall devote
their entire time to the duties of their office to the exclusion of any other
employment and shall receive such compensation as is designated by law.
A majority of the commission shall constitute CONSTITUTES a quorum for
the transaction of its business. THE COMMISSION MAY HOLD WEEKLY
MEETINGS FOR THE TRANSACTION OF ITS BUSINESS AND, BEGINNING JULY 1,
2027, A MAJORITY OF THE COMMISSIONERS MUST ATTEND ANY SUCH WEEKLY
MEETING IN PERSON. NOTHING IN THIS SECTION PROHIBITS THE
COMMISSIONERS FROM MEETING IN PERSON AT ANY TIME PRIOR TO JULY 1,
2027.
      (2.5) (a) IN PERFORMING ITS DUTIES PURSUANT TO THIS ARTICLE 40,
THE COMMISSION MAY SEND COMMUNICATIONS THROUGH EMAIL.
       (b) THE COMMISSION SHALL ADOPT RULES ESTABLISHING PROTOCOLS
FOR THE USE AND SECURITY OF EMAIL COMMUNICATIONS SENT BY THE
COMMISSION.
        SECTION 5. In Colorado Revised Statutes, 40-2-103, amend (1)
as follows:
PAGE 4-HOUSE BILL 26-1326
       40-2-103. Director - duties.
       (1) The executive director of the department of regulatory agencies,
pursuant to section 13 of article XII of the state constitution, and with the
approval of the commission, shall appoint a director of the commission. The
director shall manage the operations of the agency in order to carry out the
public utilities law, to carry out and implement policies, procedures, and
decisions made by the commission, and to meet the requirements of the
commission concerning any matters within the authority of a type 1 entity,
as defined in section 24-1-105, and which requirements are under the
jurisdiction of the commission. The director has all the powers and
responsibilities of the division director for this purpose, including AND IS
RESPONSIBLE AND ACCOUNTABLE FOR THE ACTUAL OPERATIONS AND
MANAGEMENT OF THE STATE PERSONNEL SYSTEM WITHIN THE DIRECTOR'S
RESPECTIVE DIVISION. THE DIRECTOR HAS THE POWER TO SUBMIT AN
ANNUAL BUDGET PURSUANT TO SECTION 40-2-110 AND IN COORDINATION
WITH THE DEPARTMENT OF REGULATORY AGENCIES. ADDITIONALLY, THE
DIRECTOR HAS the power to issue all necessary process, writs, warrants, and
notices. The director has the requisite power to serve warrants and other
process in any county or city and county of this state and to delegate such
actions to duly authorized employees or agents of the agency as appropriate.
      SECTION 6. In Colorado Revised Statutes, 40-2-104, add (5) as
follows:
      40-2-104. Assistants and employees - utilization of independent
experts.
       (5) THE COMMISSION SHALL EMPLOY AND DESIGNATE EMPLOYEES OF
THE COMMISSION TO PERFORM INTERNAL AND EXTERNAL COMMUNICATIONS
AND ENGAGEMENT FUNCTIONS, INCLUDING TO ENSURE CONSISTENCY AND
INCLUSIVENESS OF PUBLIC COMMENT HEARINGS AND TO PROMOTE EFFECTIVE
INTERAGENCY COORDINATION.
        SECTION 7. In Colorado Revised Statutes, 40-2-108, amend
(3)(a); and add (3)(c)(III), (3)(e), and (3)(f) as follows:
      40-2-108. Rules - legislative declaration - equity impacts
proceedings - equity analyst - equity task force - creation.
PAGE 5-HOUSE BILL 26-1326
       (3) (a) The general assembly finds, determines, and declares that:
       (I) 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
      (II) 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 AND TAKE
REASONABLE ACTIONS TO BENEFIT COLORADO COMMUNITIES AND WORKERS,
INCLUDING NET BENEFITS SUCH AS:
     (A) HIGH-QUALITY JOBS IN COLORADO THAT PROVIDE AFFORDABLE
HEALTH INSURANCE AND PAY WAGES THAT SUPPORT COLORADO FAMILIES;
      (B) A WORKFORCE WITH THE TOOLS, OPPORTUNITIES, AND ECONOMIC
ASSISTANCE TO SUCCESSFULLY ADAPT DURING AN ENERGY TRANSITION,
PARTICULARLY WITHIN COAL TRANSITION AND ENVIRONMENTAL JUSTICE
COMMUNITIES; AND
     (C) DECISIONS IN WHICH COLORADANS SHARE IN THE BENEFITS OF
ENERGY CONSTRUCTION, MAINTENANCE, OPERATION, GENERATION,
TRANSMISSION, AND PROCUREMENT.
       (c) (III) IN ADOPTING RULES PURSUANT TO THIS SUBSECTION (3), THE
COMMISSION SHALL IDENTIFY EQUITY IMPACT PROCEEDINGS THAT HAVE THE
POTENTIAL TO IMPACT THE DISTRIBUTION OF BENEFITS AND BURDENS TO
DISPROPORTIONATELY IMPACTED COMMUNITIES , WORKERS , AND
INCOME-QUALIFIED CUSTOMERS. THE COMMISSION SHALL ENSURE THAT
EQUITY IMPACT PROCEEDINGS INCLUDE PROCEDURALLY AND
SUBSTANTIVELY APPROPRIATE REQUIREMENTS TO PROMOTE EQUITY.
PAGE 6-HOUSE BILL 26-1326
      (e) THE DIRECTOR OF THE COMMISSION SHALL HIRE AND DESIGNATE
AN EMPLOYEE WITH A PRIMARY PURPOSE TO OVERSEE THE ONGOING
IMPLEMENTATION OF THIS SUBSECTION (3), INCLUDING WORKING WITH THE
COMMISSION TO ADOPT RULES THAT:
      (I)   MINIMIZE IMPACTS ON, AND PRIORITIZE BENEFITS TO,
DISPROPORTIONATELY IMPACTED COMMUNITIES;
      (II) IMPLEMENT EQUITABLE AND INCLUSIVE PRACTICES; AND
      (III) ENGAGE DISPROPORTIONATELY IMPACTED COMMUNITIES AND
JUST TRANSITION COMMUNITIES.
      (f) (I) THE COMMISSION SHALL ESTABLISH AN EQUITY TASK FORCE
TO PROVIDE INPUT AND RECOMMENDATIONS TO THE COMMISSION
REGARDING THE IMPLEMENTATION OF THIS SUBSECTION (3), INCLUDING:
     (A) IDENTIFICATION OF BARRIERS TO PARTICIPATION IN COMMISSION
PROCEEDINGS;
      (B) COMMUNITY ENGAGEMENT PRACTICES;
      (C)     THE  IMPACTS OF COMMISSION DECISIONS ON
DISPROPORTIONATELY IMPACTED COMMUNITIES AND INCOME-QUALIFIED
CUSTOMERS;
      (D) EQUITY IMPACT PROCEEDINGS; AND
      (E) OTHER MATTERS THAT RELATE TO EQUITY, ACCESSIBILITY, AND
INCLUSIVE PARTICIPATION IN COMMISSION PROCEEDINGS.
      (II) THE DIRECTOR OF THE COMMISSION SHALL APPOINT MEMBERS TO
THE EQUITY TASK FORCE. TO THE EXTENT PRACTICABLE, THE MEMBERSHIP
OF THE EQUITY TASK FORCE MUST INCLUDE REPRESENTATIVES OF:
      (A) DISPROPORTIONATELY IMPACTED COMMUNITIES;
      (B) COMMUNITY-BASED ORGANIZATIONS;
      (C) TRIBAL COMMUNITIES;
PAGE 7-HOUSE BILL 26-1326
       (D) INCOME-QUALIFIED RESIDENTIAL UTILITY CUSTOMERS;
       (E) UTILITY WORKERS;
       (F) LABOR ORGANIZATIONS; AND
       (G) ORGANIZATIONS WITH EXPERIENCE IN ENVIRONMENTAL JUSTICE.
      (III) TASK FORCE MEMBERS SERVE WITHOUT COMPENSATION AND
SHALL NOT RECEIVE REIMBURSEMENT FOR EXPENSES.
      (IV) THE EMPLOYEE DESCRIBED IN SUBSECTION (3)(e) OF THIS
SECTION SHALL STAFF THE EQUITY TASK FORCE.
      (V) THE EQUITY TASK FORCE SHALL MEET AT LEAST QUARTERLY AND
MAY PROVIDE RECOMMENDATIONS TO THE COMMISSION.
       (VI)   BEGINNING JULY 1, 2029, AND EVERY THREE YEARS
THEREAFTER, THE COMMISSION SHALL FORMALLY EVALUATE THE PURPOSE
AND FREQUENCY OF EQUITY TASK FORCE MEETINGS TO DETERMINE THE
CONTINUED NECESSITY AND OPERATIONAL EFFICIENCY OF THE TASK FORCE.
      SECTION 8. In Colorado Revised Statutes, 40-5-106, add (3) as
follows:
       40-5-106. Designation for service of process.
       (3) A DESIGNATION FOR SERVICE OF PROCESS FILED PURSUANT TO
THIS SECTION MAY BE SENT ELECTRONICALLY.
        SECTION 9. In Colorado Revised Statutes, 40-6-101, amend (2)
as follows:
       40-6-101. Proceedings - delegation of duties - rules.
       (2) (a) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (2)(b) OF
THIS SECTION, the commission may by order direct that any of its work,
business, or functions under any provision of law, except functions vested
solely in the commission under this title 40, be assigned or referred to an
individual commissioner or to an administrative law judge to be designated
PAGE 8-HOUSE BILL 26-1326
by order for action. The commission may by order at any time amend,
modify, supplement, or rescind any such assignment or reference. When an
individual commissioner or an administrative law judge is unable to act
upon any matter assigned or referred because of absence or other cause, the
chair of the commission may designate another commissioner or
administrative law judge, as the case may be, to serve temporarily until the
commission otherwise orders.
       (b) Every case submitted to the commission for adjudication must
be heard in the first instance by the commission AN ADMINISTRATIVE LAW
JUDGE unless, by rule, minute order, or written decision, the commission
assigns the case to an administrative law judge THE COMMISSION EN BANC
or to an individual commissioner for hearing.
        SECTION 10. In Colorado Revised Statutes, 40-6-102, amend (1)
as follows:
       40-6-102. Service - fees - depositions - examination of witnesses.
       (1) The commission, each commissioner, an administrative law
judge with respect to matters referred to such judge, and the director of the
commission have power to MAY issue notices, orders to satisfy or answer,
summonses, subpoenas, and commissions to take the deposition of any A
witness whose testimony is required in any proceeding pending before the
commission in like manner and to the same extent as courts of record. The
process issued by the commission, any A commissioner, an administrative
law judge, or the director of the commission shall extend EXTENDS to all
parts of the state and beyond the boundaries thereof OF THE STATE as may
be provided by law or the Colorado rules of civil procedure and may be
served by any A person authorized to serve process of courts of record, by
any A person designated for that purpose by the commission or a
commissioner, or by first-class mail, postage prepaid, as provided in section
40-6-108. The person executing any such process shall receive such
compensation as may be allowed by the commission, not to exceed the fees
now prescribed by law for similar services, and such fees shall be paid in
the same manner as provided for payment of the fees of witnesses.
        SECTION 11. In Colorado Revised Statutes, 40-6-108, amend (3)
as follows:
PAGE 9-HOUSE BILL 26-1326
       40-6-108. Complaints - service - notice of hearing - rules.
        (3) (a) Service in all applications, petitions, complaints, hearings,
investigations, and other proceedings pending before the commission may
be made upon any person upon whom a summons may be served in
accordance with the provisions of the Colorado rules of civil procedure or
may be made personally or by first-class mail. In all cases wherein service
is obtained by mail by the commission, the certificate of the director of the
commission of such THE mailing shall be IS prima facie evidence that
service has been obtained, and the time fixed in any order or notice shall
commence COMMENCES to run from the date of mailing as shown in such
THE certificate. The mailing of any notice or other paper by any other party
to a proceeding shall be evidenced by the certificate of the person mailing
such THE notice or other paper, and the time fixed in any such notice or
other paper shall commence COMMENCES to run from the date of mailing as
shown in such THE certificate.
      (b) THE SERVICE DESCRIBED IN THIS SUBSECTION (3) MAY INSTEAD
BE MADE ELECTRONICALLY. IF THE SERVICE IS MADE ELECTRONICALLY, THE
ELECTRONIC CERTIFICATE OF THE DIRECTOR OF THE COMMISSION IS PRIMA
FACIE EVIDENCE THAT SERVICE HAS BEEN OBTAINED, AND THE TIME FIXED
IN AN ORDER OR NOTICE RUNS FROM THE DATE OF THE ELECTRONIC
COMMUNICATION AS SHOWN IN THE CERTIFICATE.
      SECTION 12. In Colorado Revised Statutes, 40-6-109, amend (6);
and add (1)(d) as follows:
       40-6-109. Hearings - orders - record - review - representation of
entities in nonadjudicatory proceedings - rules.
       (1) (d) NO LATER THAN MARCH 31, 2027, THE COMMISSION SHALL
ADOPT RULES REGARDING THE FORMAT OF EN BANC COMMISSION AND
HEARING COMMISSIONER HEARINGS AND MEETINGS, WHICH RULES MUST
INCLUDE THE CRITERIA TO BE USED TO DETERMINE WHETHER EN BANC AND
HEARING COMMISSIONER HEARINGS AND MEETINGS WILL BE HELD IN PERSON,
VIRTUALLY, OR HYBRID IN PERSON AND VIRTUALLY. IN ADOPTING THE
RULES, THE COMMISSION SHALL CONSIDER THE CURRENT PRACTICES OF
DELIBERATIVE JUDICIAL BODIES AND CONSIDER RULES FOR FACTORS SUCH AS
TRAVEL COSTS AND REIMBURSEMENTS, CHILD CARE CONSIDERATIONS, AND
WEATHER AND EMERGENCY CONDITIONS THAT RENDER TRAVEL UNSAFE.
PAGE 10-HOUSE BILL 26-1326
BEFORE JULY 1, 2027, AN APPLICANT MAY REQUEST THAT HEARINGS BE
HELD IN PERSON, VIRTUALLY, OR HYBRID IN PERSON AND VIRTUALLY, AND
THE COMMISSION SHALL CONSIDER THE REQUEST.
       (6) The commission may make the initial decision ONLY in cases
where it AN ADMINISTRATIVE LAW JUDGE has not presided at the taking of
evidence, and the recommended decision of the individual commissioner or
administrative law judge may be omitted in any case in which the
commission finds upon the record that due and timely execution of its
functions imperatively and unavoidably so requires.
       SECTION 13. In Colorado Revised Statutes, 40-6-109.5, amend
(1) and (4); and add (5) and (6) as follows:
       40-6-109.5. Hearings on applications - time limits for decisions
- rules.
       (1) Whenever an application of any kind is filed with the
commission and is accompanied by the applicant's supporting testimony or
a detailed summary of the supporting testimony, together with exhibits, if
any, the commission shall issue its decision on the application no later than
one hundred twenty days after the application is deemed complete as
prescribed by rules promulgated ADOPTED by the commission. THE RULES
MUST PRESCRIBE THAT AN APPLICATION MAY BE DEEMED INCOMPLETE ONLY
IF SUCH APPLICATION DOES NOT MEET THE APPLICATION REQUIREMENTS
PRESCRIBED BY COMMISSION RULE AND DECISION. If the commission finds
that additional time is required, it may, by separate order, extend the time
for decision by an additional period not to exceed one hundred thirty days.
       (4) The commission, in particular cases, under extraordinary
conditions and after notice and a hearing at which the existence of
extraordinary conditions is established, may extend the time limits specified
in subsections (1) and (2) of this section for a period not to exceed an
additional one hundred thirty NINETY days.
       (5) A FAILURE TO ACT UPON AN APPLICATION WITHIN THE TIME
PERIODS SPECIFIED IN THIS SECTION CONSTITUTES AN APPROVAL OF THE
APPLICATION BY OPERATION OF LAW.
       (6) AN UNOPPOSED MOTION FOR PERMISSIVE INTERVENTION IS
PAGE 11-HOUSE BILL 26-1326
APPROVED BY OPERATION OF LAW UNLESS THE COMMISSION ISSUES A
DECISION DENYING THE MOTION WITHIN THIRTY DAYS AFTER THE MOTION
HAS BEEN FILED.
        SECTION 14. In Colorado Revised Statutes, 40-7-113.5, amend
(1)(a) introductory portion, (1)(b), and (2)(a) as follows:
       40-7-113.5. Civil penalties applicable to public utilities -
exclusion from rate base.
        (1) (a) In addition to any other penalty otherwise authorized by law
and except as otherwise provided in subsections (3), (4), and (5) of this
section, a public utility furnishing electric, gas, water, water and sewer, or
telecommunications service that intentionally violates any provision of
articles 1 to 7 or 15 of this title TITLE 40 or of any rule, TARIFF, or order of
the commission ADOPTED OR ISSUED pursuant to such articles ARTICLES 1 TO
7 OR 15 OF THIS TITLE 40, which provision is applicable to such utility, may
be assessed a civil penalty of not more than two SEVEN thousand FIVE
HUNDRED dollars; except that nothing in this subsection (1) shall be
construed to authorize the imposition of civil penalties upon:
       (b) Civil penalties assessed pursuant to this section shall be paid and
credited to the general fund, in addition to any other sanctions that may be
imposed pursuant to law; EXCEPT THAT CIVIL PENALTIES ASSESSED AGAINST
AN ELECTRIC OR GAS UTILITY SHALL BE PAID TO THE PUBLIC UTILITIES
COMMISSION FIXED UTILITY FUND CREATED IN SECTION 40-2-114 (1)(b)(II)
AND SHALL BE USED FOR AFFORDABILITY PROGRAMS OR OUTREACH AND
ENGAGEMENT DIRECTLY RELATED TO INCOME-QUALIFIED CUSTOMERS OR
DISPROPORTIONATELY IMPACTED COMMUNITIES. The amount of any such
penalties paid shall not be an allowable expense for rate-making purposes.
       (2) (a) The commission shall adopt rules specifying the particular
violations, and the amount of the civil penalties to be assessed for each
violation pursuant to subsection (1) of this section. IN DETERMINING THE
AMOUNT OF CIVIL PENALTIES TO BE ASSESSED FOR EACH VIOLATION, THE
COMMISSION SHALL CONSIDER FACTORS INCLUDING THE UTILITY SIZE, THE
ACTUAL OR POTENTIAL HARM OF A VIOLATION, AND ANY MITIGATING
CIRCUMSTANCES OR ACTIONS OF THE UTILITY.
       SECTION 15. In Colorado Revised Statutes, repeal and reenact,
PAGE 12-HOUSE BILL 26-1326
with amendments, 40-6.5-105 as follows:
       40-6.5-105. Intervenor compensation - procedures - rules -
legislative declaration - definitions.
      (1) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:
      (a) INTERVENOR PARTICIPATION IN COMMISSION PROCEEDINGS OFTEN
REQUIRES LEGAL, TECHNICAL, AND EXPERT RESOURCES;
      (b)  THE GENERAL ASSEMBLY HAS PREVIOUSLY AUTHORIZED
INTERVENOR COMPENSATION, BUT THE STATUTE LACKS SUFFICIENT CLARITY
REGARDING ELIGIBILITY, STANDARDS, AND PROCEDURES FOR INTERVENOR
COMPENSATION, WHICH LACK OF CLARITY HAS RESULTED IN THE AUTHORITY
GOING UNUSED;
      (c)   OTHER   JURISDICTIONS, INCLUDING CALIFORNIA, HAVE
SUCCESSFULLY IMPLEMENTED INTERVENOR COMPENSATION PROGRAMS THAT
IMPROVE DECISION-MAKING AND PUBLIC PARTICIPATION; AND
      (d)   CLARIFYING COLORADO   LAW REGARDING INTERVENOR
COMPENSATION WILL PROMOTE MEANINGFUL PARTICIPATION, IMPROVE THE
EVIDENTIARY RECORD, AND SUPPORT EQUITABLE ACCESS TO COMMISSION
PROCEEDINGS.
      (2) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
      (a) "EXPERT WITNESS FEES" MEANS RECORDED OR BILLED COSTS
THAT AN INTERVENOR INCURS FOR AN EXPERT WITNESS.
      (b) "INTERVENOR" MEANS A PARTY, OTHER THAN A PUBLIC UTILITY
OR STATE OR LOCAL GOVERNMENT AGENCY, WHOSE MOTION FOR PERMISSION
TO INTERVENE HAS BEEN GRANTED BY THE COMMISSION.
      (c) "MATERIAL ASSISTANCE" MEANS THAT AN INTERVENOR'S
TESTIMONY OR PARTICIPATION IN A COMMISSION PROCEEDING HAS:
     (I) CONTRIBUTED TO THE DEVELOPMENT OF A MORE COMPLETE
ADMINISTRATIVE RECORD IN THE PROCEEDING;
PAGE 13-HOUSE BILL 26-1326
      (II) ASSISTED THE COMMISSION IN ITS EVALUATION OF THE ISSUES
PRESENTED IN THE PROCEEDING; OR
      (III)     CONTRIBUTEDTO A MORE COMPLETE RECORD OR
UNDERSTANDING OF IMPACTS ON RATEPAYERS, INCOME-QUALIFIED
CUSTOMERS, OR DISPROPORTIONATELY IMPACTED COMMUNITIES.
      (d) "REASONABLE COSTS" INCLUDES:
      (I) ATTORNEY FEES;
      (II) EXPERT WITNESS FEES; AND
      (III)OTHER REASONABLE OUT-OF-POCKET EXPENSES THAT AN
INTERVENOR DIRECTLY INCURS.
      (e)   "SUBSTANTIAL CONTRIBUTION" MEANS THAT, IN THE
COMMISSION'S JUDGMENT, AN INTERVENOR, THROUGH THEIR PARTICIPATION
IN A COMMISSION PROCEEDING, HAS PROVIDED MATERIAL ASSISTANCE TO
THE COMMISSION IN THE DEVELOPMENT OF THE ADMINISTRATIVE RECORD BY
PROVIDING ANY OF THE FOLLOWING:
      (I) FACTUAL CONTENTIONS;
      (II) LEGAL CONTENTIONS; OR
      (III) POLICY OR PROCEDURAL RECOMMENDATIONS.
      (3) (a)     THE
                   COMMISSION MAY AWARD AN INTERVENOR
COMPENSATION RELATED TO THE INTERVENOR'S PARTICIPATION IN A
PROCEEDING IF:
      (I) THE INTERVENOR MAKES A UNIQUE SUBSTANTIAL CONTRIBUTION;
AND
     (II) THE INTERVENOR'S COSTS INCURRED TO PARTICIPATE IN THE
PROCEEDING ARE REASONABLE.
      (b) AN INTERVENOR THAT MAKES A SUBSTANTIAL CONTRIBUTION
MAY RECEIVE COMPENSATION FOR ALL REASONABLE COSTS RELATED TO THE
PAGE 14-HOUSE BILL 26-1326
SUBSTANTIAL CONTRIBUTION, EVEN IF THE COMMISSION DOES NOT
EXPRESSLY CITE OR REFERENCE THE INTERVENOR IN THE COMMISSION'S
FINAL ORDER OR DECISION ON THE MATTER.
      (c) AN INTERVENOR IS NOT REQUIRED TO DEMONSTRATE THAT THE
INTERVENOR'S PARTICIPATION IN A PROCEEDING ADDRESSED ISSUES THAT
WERE NOT ADDRESSED BY THE OFFICE OF THE UTILITY CONSUMER
ADVOCATE.
      (4) (a) THE COMMISSION MAY ADOPT RULES TO IMPLEMENT THIS
SECTION.
       (b) IF THE COMMISSION ADOPTS RULES PURSUANT TO SUBSECTION
(4)(a) OF THIS SECTION, THE RULES MUST INCLUDE:
      (I) THE PROCESS BY WHICH AN INTERVENOR PETITIONS THE
COMMISSION FOR PAYMENT OF REASONABLE COSTS;
      (II)GUIDELINES FOR DETERMINING REASONABLE COSTS FOR
REIMBURSEMENT; AND
      (III) GUIDELINES FOR DETERMINING MATERIAL ASSISTANCE.
     (5) THE IMPLEMENTATION OF THIS SECTION, INCLUDING ANY AWARD
OF INTERVENOR COMPENSATION , IS SUBJECT TO AVAILABLE
APPROPRIATIONS.
        SECTION 16. In Colorado Revised Statutes, 40-7-116, amend
(1)(b) introductory portion as follows:
      40-7-116. Enforcement of civil penalties against carriers.
        (1) (b) The notice shall be tendered by the enforcement official,
either in person, or by certified mail, BY EMAIL SENT BY INVESTIGATIVE
STAFF OF THE COMMISSION, or by personal service by a person authorized
to serve process under rule 4 (d) of the Colorado rules of civil procedure
and shall MUST contain:
        SECTION 17. In Colorado Revised Statutes, 40-7-116.5, amend
(1)(b) introductory portion as follows:
PAGE 15-HOUSE BILL 26-1326
       40-7-116.5. Enforcement of civil penalties against public utilities.
        (1) (b) The notice shall be tendered by the director or his or her THE
DIRECTOR'S designee either in person, or by certified mail OR EMAIL, or by
personal service by any A person authorized to serve process under rule 4
(d) of the Colorado rules of civil procedure and shall MUST contain:
        SECTION 18. In Colorado Revised Statutes, 40-7-118, amend
(1)(a) as follows:
     40-7-118. Legal services offset fund - creation - exemption from
maximum reserve.
        (1) (a) The legal services offset fund is hereby created in the state
treasury. The fund consists of the civil penalties that are collected and
credited to the fund pursuant to section 40-7-112 (1)(b) for violations of
article 10.1 of this title 40 or commission rules promulgated ADOPTED
pursuant to article 10.1 of this title 40. The money in the fund is
continuously appropriated to the department of regulatory agencies
COMMISSION for use to offset the costs of legal representation of the staff of
the commission in proceedings before the commission concerning the
enforcement of article 10.1 of this title 40. The department of regulatory
agencies COMMISSION shall use the money in the legal services offset fund
to support appropriations made to the department AGENCY that are used for
legal representation of the staff of the commission in proceedings
concerning the enforcement of article 10.1 of this title 40.
        SECTION 19. In Colorado Revised Statutes, 40-2-123, add (6) and
(7) as follows:
       40-2-123. Energy technologies - consideration by commission -
incentives - demonstration projects - commission may require specific
customer-facing programs - legislative declaration - definitions.
       (6) (a) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:
       (I) SINCE 2007, COLORADO HAS ENACTED SEVERAL STATUTES THAT
DIRECT COMMISSION - REGULATED INVESTOR-OWNED UTILITIES TO
IMPLEMENT CUSTOMER-FACING PROGRAMS AIMED AT REDUCING ENERGY
BILLS, REDUCING ENERGY CONSUMPTION, OR SUPPORTING THE TRANSITION
PAGE 16-HOUSE BILL 26-1326
TO LOWER- OR ZERO-CARBON-EMITTING TECHNOLOGIES;
     (II) SUCH CUSTOMER-FACING PROGRAMS INCLUDE DEMAND-SIDE
MANAGEMENT, BENEFICIAL ELECTRIFICATION, CLEAN HEAT PLANS, AND
TRANSPORTATION ELECTRIFICATION;
      (III) FOR MANY OF THESE PROGRAMS, UTILITIES MAY LACK A
NATURAL INCENTIVE TO TAKE CERTAIN ACTIONS OR IMPLEMENT THESE
PROGRAMS EFFECTIVELY. ADDITIONALLY, DUE TO STAFFING OR ECONOMIES
OF SCALE, SMALLER UTILITIES MAY LACK THE ABILITY TO OPERATE SUCH
PROGRAMS AT A REASONABLE COST TO RATEPAYERS.
      (IV) ESTABLISHED STATE ENTERPRISES, SUCH AS THE BUILDING
DECARBONIZATION ENTERPRISE CREATED IN SECTION 24-38.5-125, MAY
PROVIDE AN ALTERNATIVE OPTION FOR ADMINISTERING COMPETITIVE
SOLICITATIONS FOR THIRD-PARTY PROGRAM ADMINISTRATION; AND
      (V) THEREFORE, THE COMMISSION SHOULD BE AUTHORIZED TO
REQUIRE COMMISSION-REGULATED INVESTOR-OWNED UTILITIES TO ENGAGE
ONE OR MORE THIRD PARTIES TO ADMINISTER SPECIFIC CUSTOMER-FACING
PROGRAMS IF THE COMMISSION DEEMS THE USE OF ONE OR MORE THIRD
PARTIES PRUDENT AND IN THE BEST INTEREST OF RATEPAYERS. IN ADDITION,
THE COMMISSION SHOULD BE AUTHORIZED TO REQUIRE THE USE OF A
COMPETITIVE BIDDING PROCESS TO PROCURE THE SERVICES OF A
THIRD-PARTY ADMINISTRATOR.
      (b) IN AN ADJUDICATORY PROCEEDING, THE COMMISSION MAY
REQUIRE A COMMISSION-REGULATED INVESTOR-OWNED UTILITY TO ENGAGE
ONE OR MORE THIRD PARTIES TO ADMINISTER SPECIFIC CUSTOMER-FACING
PROGRAMS IF THE COMMISSION DEEMS THE USE OF ONE OR MORE THIRD
PARTIES PRUDENT AND IN THE BEST INTEREST OF RATEPAYERS. THE
COMMISSION MAY REQUIRE A COMPETITIVE BIDDING PROCESS TO PROCURE
THE SERVICES OF A THIRD-PARTY ADMINISTRATOR.
      (c) AS USED IN THIS SUBSECTION (6), "CUSTOMER-FACING PROGRAM"
MEANS A PROGRAM AIMED AT REDUCING ENERGY BILLS, REDUCING ENERGY
CONSUMPTION, OR SUPPORTING THE TRANSITION TO LOWER- OR
ZERO-CARBON-EMITTING TECHNOLOGIES.
      (7) (a) A COMMISSION-REGULATED INVESTOR-OWNED UTILITY MAY
PAGE 17-HOUSE BILL 26-1326
ENTER INTO A THIRD-PARTY AGREEMENT TO FACILITATE CUSTOMER-FACING
PROGRAMS, SUBJECT TO COMMISSION APPROVAL. THE COMMISSION MAY
DIRECT A COMMISSION-REGULATED INVESTOR-OWNED UTILITY TO PROPOSE
TO THE COMMISSION THE USE OF THIRD-PARTY ADMINISTRATION FOR
CUSTOMER-FACING PROGRAMS.
      (b) IN A COMMISSION-REGULATED INVESTOR-OWNED UTILITY'S
PROPOSAL TO UTILIZE THIRD - PARTY ADMINISTRATION OF A
CUSTOMER-FACING PROGRAM, THE UTILITY SHALL EXPLAIN TO THE
COMMISSION HOW THE UTILITY CONSIDERED THE FOLLOWING IN RELATION
TO THE CUSTOMER-FACING PROGRAM:
       (I) THE POTENTIAL FOR PROGRAM SUCCESS BASED ON AN
ASSESSMENT OF SIMILAR ADMINISTRATION STRUCTURES THAT OTHER
UTILITIES USE FOR SIMILAR CUSTOMER-FACING PROGRAMS;
     (II) THE ADMINISTRATIVE COST RATIO OF ADMINISTERING REBATES
VERSUS THE INCENTIVES PAID OUT AS PART OF THE PROGRAM;
      (III) THE TIME REQUIRED TO FULFILL CUSTOMER REBATE REQUESTS;
AND
      (IV) PRIOR PROGRAM PERFORMANCE UNDER A UTILITY-LED MODEL.
      (c) IN AN APPLICATION TO THE COMMISSION TO ENTER INTO A
THIRD-PARTY AGREEMENT TO FACILITATE CUSTOMER-FACING PROGRAMS,
THE UTILITY MAY NOT:
     (I) FORCE A LAYOFF OF, OR UNILATERALLY CHANGE THE TERMS OF
EMPLOYMENT FOR, THE UTILITY EMPLOYEES WHO, IN WHOLE OR IN PART,
PERFORM THE ADMINISTRATIVE OR SERVICE FUNCTIONS FOR THE SPECIFIC
PROGRAM, SUBJECT TO A THIRD-PARTY AGREEMENT, AND WHO ARE COVERED
BY A COLLECTIVE BARGAINING AGREEMENT UNLESS THE UTILITY AND THE
LABOR UNION REPRESENTING THE EMPLOYEES COME TO AN AGREEMENT TO
REASSIGN THE EMPLOYEES TO OTHER POSITIONS WITHIN THE UTILITY AT
COMPARABLE PAY AND BENEFITS AS PER THE TERMS OF THE COLLECTIVE
BARGAINING AGREEMENT AND ANY RELATED COMPANY POLICIES; AND
      (II) PROPOSE TO ENTER INTO ANY THIRD-PARTY ADMINISTRATOR
AGREEMENTS THAT CANCEL OR MODIFY AGREEMENTS WITH CONSTRUCTION
PAGE 18-HOUSE BILL 26-1326
OR UTILITY CONSTRUCTION CONTRACTORS WHO ARE UNDER A CURRENT
CONTRACT TO PERFORM WORK DIRECTLY FOR THE UTILITY ON A
DEMAND-SIDE MANAGEMENT, BENEFICIAL ELECTRIFICATION, CLEAN HEAT,
OR TRANSPORTATION ELECTRIFICATION CUSTOMER-FACING PROGRAM. THE
CONTRACTS SHALL REMAIN IN FORCE EVEN IF A THIRD-PARTY
ADMINISTRATOR IS CONTRACTED TO ADMINISTER THE CUSTOMER-FACING
PROGRAM. FUTURE CONSIDERATIONS AS TO WHETHER TO EXTEND OR RENEW
THE CONSTRUCTION OR UTILITY CONSTRUCTION CONTRACTORS '
AGREEMENTS CAN REMAIN WITH THE UTILITY, AND THE UTILITY CAN REMAIN
THE CLIENT OF RECORD FOR THE CONSTRUCTION OR UTILITY CONSTRUCTION
CONTRACTORS. PROGRAMS THAT DIRECT A RESIDENTIAL UTILITY CUSTOMER
TO ENGAGE A CONTRACTOR DIRECTLY ARE EXEMPT FROM THIS SUBSECTION
(7)(c)(II).
       (d)      SUBJECT
                      TO COMMISSION APPROVAL BASED ON A
DEMONSTRATION OF THE FACTORS SET FORTH IN SUBSECTION (7)(b) OF THIS
SECTION, A COMMISSION-REGULATED INVESTOR-OWNED UTILITY SHALL
UTILIZE THIRD-PARTY ADMINISTRATION FOR ANY CUSTOMER-FACING
PROGRAM.
       (e) A THIRD-PARTY ADMINISTRATOR OF A CUSTOMER-FACING
PROGRAM IS DIRECTLY RESPONSIBLE FOR COMPLIANCE WITH, AND SHALL
ADHERE TO APPLICABLE LABOR STANDARDS FOR, CONSTRUCTION- OR
UTILITY-CONSTRUCTION-SPECIFIC WORK THAT WOULD OTHERWISE BE
APPLICABLE TO THE UTILITY UNDER COLORADO LAW.
        SECTION 20. In Colorado Revised Statutes, 40-2-124, amend
(1)(a) introductory portion, (1)(a)(VIII), (1)(c)(I) introductory portion,
(1)(c)(II)(A), (1)(e)(III), (1)(g)(I)(A), (3) introductory portion, (4)
introductory portion, (5.5), and (8)(b); repeal (1)(a)(VII.5); and add
(1)(a)(III.5) and (1)(c)(XI) as follows:
      40-2-124. Renewable energy standards - qualifying retail and
wholesale utilities - definitions - net metering - exception - legislative
declaration - rules.
       (1) Each provider of retail electric service in the state of Colorado,
other than municipally owned utilities that serve forty thousand customers
or fewer, is a qualifying retail utility. Each qualifying retail utility, with the
exception of cooperative electric associations that have voted to exempt
PAGE 19-HOUSE BILL 26-1326
themselves from commission jurisdiction pursuant to section 40-9.5-104
and municipally owned utilities, is subject to the rules established under this
article 2 by the commission. No additional regulatory authority is provided
to the commission other than that specifically contained in this section. In
accordance with article 4 of title 24, the commission shall revise or clarify
existing rules to establish the following:
        (a) Definitions of eligible energy resources that can be used to meet
the standards. "Eligible energy resources" means recycled energy,
renewable energy resources, and renewable energy storage. In addition,
resources using coal mine methane and synthetic gas produced by pyrolysis
of waste materials are eligible energy resources if the commission
determines that the electricity generated by those resources is greenhouse
gas neutral. The commission shall determine, following an evidentiary
hearing, the extent to which such electric generation technologies utilized
in an optional pricing program may be used to comply with this standard.
A fuel cell using hydrogen derived from an eligible energy resource is also
an eligible electric generation technology. Fossil and nuclear fuels and their
derivatives are not eligible energy resources. As used in this section:
     (III.5) "ENERGY STORAGE" MEANS COMMERCIALLY AVAILABLE
TECHNOLOGY THAT IS CAPABLE OF RETAINING ELECTRICITY, STORING THE
ENERGY FOR A PERIOD OF TIME, AND DELIVERING THE ELECTRICITY AFTER
STORAGE BY CHEMICAL, THERMAL, MECHANICAL, OR OTHER MEANS.
       (VII.5) "Renewable energy storage" means an energy storage
system, as defined in section 40-2-130 (2)(a), that stores energy produced
only by renewable energy resources.
         (VIII) Except as provided in subsection (1)(c)(II)(D) of this section
with respect to cooperative electric associations, "retail distributed
generation" means a renewable energy resource or renewable energy storage
that is located on any property owned or leased by the customer within the
service territory of the qualifying retail utility and is interconnected on the
customer's side of the utility meter. In addition, retail distributed generation
shall MUST provide electric energy primarily to serve the customer's loads
and shall be sized to supply no more than two hundred percent of the
reasonably expected average annual total consumption of electricity at all
properties owned or leased by the customer within the utility's service
territory.
PAGE 20-HOUSE BILL 26-1326
       (c) Electric resource standards:
        (I) Except as provided in subparagraph (V) of this paragraph (c)
SUBSECTIONS (1)(c)(V) AND (1)(c)(XI) OF THIS SECTION, the electric
resource standards shall MUST require each qualifying retail utility to
generate, or cause to be generated, electricity from eligible energy resources
in the following minimum amounts:
       (II) (A)       Of the amounts of distributed generation in
sub-subparagraphs (C), (D), and (E) of subparagraph (I), sub-subparagraph
(D) of subparagraph (V), and subparagraph (V.5) of this paragraph (c)
SUBSECTIONS (1)(c)(I)(C), (1)(c)(I)(D), (1)(c)(I)(E), (1)(c)(V)(D),
(1)(c)(V.5), AND (1)(c)(XI)(B) OF THIS SECTION, at least one-half must be
derived from retail distributed generation; except that this sub-subparagraph
(A) SUBSECTION (1)(c)(II)(A) does not apply to a qualifying retail utility that
is a municipal utility.
       (XI) (A) ON AND AFTER JANUARY 1, 2027, A QUALIFYING RETAIL
UTILITY WITH A CLEAN ENERGY PLAN, AS DEFINED IN SECTION 40-2-125.5
(2)(a), THAT HAS BEEN APPROVED BY THE COMMISSION AND THAT
DEMONSTRATES THE QUALIFYING RETAIL UTILITY'S COMPLIANCE WITH THE
APPROVED CLEAN ENERGY PLAN, AS VERIFIED BY THE DIVISION OF
ADMINISTRATION PURSUANT TO SECTION 25-7-105 (1)(e)(VII), MAY NOTIFY
THE COMMISSION OF ITS COMPLIANCE EACH TIME THAT THE DIVISION OF
ADMINISTRATION VERIFIES COMPLIANCE WITH THE CLEAN ENERGY TARGETS
AND THAT THE QUALIFYING RETAIL UTILITY IS OPTING OUT OF THE ELECTRIC
RESOURCE STANDARD REQUIREMENTS DESCRIBED IN SUBSECTION (1)(c)(I)
OF THIS SECTION OR IS CONTINUING TO OPT OUT OF THE REQUIREMENTS.
       (B) A QUALIFYING RETAIL UTILITY THAT OPTS OUT OF THE ELECTRIC
RESOURCE    STANDARD REQUIREMENTS PURSUANT TO SUBSECTION
(1)(c)(XI)(A) OF THIS SECTION SHALL OBTAIN AT LEAST THREE PERCENT OF
ITS RETAIL ELECTRICITY SALES FROM DISTRIBUTED GENERATION.
       (C) A QUALIFYING RETAIL UTILITY THAT OPTS OUT OF THE ELECTRIC
RESOURCE    STANDARD REQUIREMENTS PURSUANT TO SUBSECTION
(1)(c)(XI)(A) OF THIS SECTION IS STILL REQUIRED TO FILE APPLICATIONS
WITH THE COMMISSION TO SUPPORT RETAIL DISTRIBUTED GENERATION AND
STORAGE PROGRAMS IN ACCORDANCE WITH SUBSECTIONS (1)(e) AND (1)(j)
OF THIS SECTION AND TO SUBMIT AN ANNUAL REPORT TO THE COMMISSION
PAGE 21-HOUSE BILL 26-1326
REGARDING THOSE RETAIL DISTRIBUTED GENERATION AND STORAGE
PROGRAMS IN ACCORDANCE WITH SUBSECTION (1)(h) OF THIS SECTION.
       (e) A requirement that each qualifying retail utility, except for
cooperative electric associations and municipally owned utilities, make
available to their customers a standard rebate offer and net metering service,
under which:
        (III) The qualifying retail utility may establish one or more standard
offers to purchase renewable energy credits generated from eligible energy
resources on the customer's premises so long as the generation is one
megawatt or less in size. When establishing the standard offers, the
qualifying retail utility should set the prices for renewable energy credits at
levels sufficient to encourage increased distributed generation and
renewable energy storage in the size ranges covered by each standard offer,
but at levels that will still allow the qualifying retail utility to comply with
the electric resource standards set forth in subsection (1)(c) of this section
without exceeding the retail rate impact limit in subsection (1)(g) of this
section.
       (g) Retail rate impact rule:
        (I) (A) Except as otherwise provided in subparagraph (IV) of this
paragraph (g) SUBSECTION (1)(g)(IV) OF THIS SECTION, for each qualifying
RETAIL utility, the commission shall establish a maximum retail rate impact
for this section for compliance with the electric resource standards of two
percent of the total electric bill annually for each customer. The retail rate
impact shall be determined net of new alternative sources of electricity
supply from noneligible energy resources that are reasonably available at
the time of the determination.
     (3) EXCEPT FOR A MUNICIPALLY OWNED UTILITY THAT IS IN
COMPLIANCE WITH A CLEAN ENERGY PLAN APPROVED PURSUANT TO SECTION
25-7-105 (1)(e), each municipally owned electric utility that is a qualifying
retail utility shall implement a renewable energy standard substantially
similar to this section The municipally owned utility shall submit a
statement to the commission that demonstrates such municipal utility has a
substantially similar renewable energy standard. The statement submitted
by the municipally owned utility is for informational purposes and is not
subject to approval by the commission. Upon filing of the certification
PAGE 22-HOUSE BILL 26-1326
statement, the municipally owned utility AND shall have no further
obligations under subsection (1) of this section. The renewable energy
standard of a municipally owned utility shall, at a minimum, meet the
following criteria:
       (4) EXCEPT FOR A MUNICIPAL UTILITY THAT IS IN COMPLIANCE WITH
A CLEAN ENERGY PLAN APPROVED PURSUANT TO SECTION 25-7-105 (1)(e),
for municipal utilities that become qualifying retail utilities A MUNICIPAL
UTILITY THAT BECOMES A QUALIFYING RETAIL UTILITY after December 31,
2006, the percentage requirements identified in subparagraph (V) of
paragraph (c) of subsection (1) SUBSECTION (1)(c)(V) of this section shall
begin in the first calendar year following qualification as follows:
       (5.5) EXCEPT FOR A COOPERATIVE ELECTRIC ASSOCIATION THAT IS
IN COMPLIANCE WITH A CLEAN ENERGY PLAN THAT IS APPROVED BY THE
COMMISSION PURSUANT TO SECTION 40-2-125.5 (5)(g), each cooperative
electric association that is a qualifying retail utility shall submit an annual
compliance report to the commission no later than June 1 of each year in
which the cooperative electric association is subject to the renewable energy
standard requirements established in this section. The annual compliance
report shall MUST describe the steps taken by the cooperative electric
association to comply with the renewable energy standards and shall include
the same information set forth in the rules of the commission for
jurisdictional utilities. Cooperative electric associations shall ARE not be
subject to any part of the compliance report review process as provided in
the rules for jurisdictional utilities. Cooperative electric associations shall
ARE not be required to obtain commission approval of annual compliance
reports, and no additional regulatory authority of the commission other than
that specifically contained in this subsection (5.5) is created or implied by
this subsection (5.5).
      (8) Qualifying wholesale utilities - definition - electric resource
standard - tradable credits - reports.
       (b) Electric resource standard. Notwithstanding any other
provision of law EXCEPT FOR A QUALIFYING WHOLESALE UTILITY THAT IS IN
COMPLIANCE WITH AN ELECTRIC RESOURCE PLAN FILED IN ACCORDANCE
WITH SECTION 25-7-105 (1)(e)(VIII)(I) AND APPROVED BY THE COMMISSION,
each qualifying wholesale utility shall generate, or cause to be generated,
at least twenty percent of the energy it provides to its Colorado members at
PAGE 23-HOUSE BILL 26-1326
wholesale from eligible energy resources in the year 2020 and thereafter. If,
and to the extent that, the purchase of energy generated from eligible energy
resources by a Colorado member from a qualifying wholesale utility would
cause an increase in rates for the Colorado member that exceeds the retail
rate impact limitation in sub-subparagraph (A) of subparagraph (IV) of
paragraph (g) of subsection (1) SUBSECTION (1)(g)(IV)(A) of this section,
the obligation imposed on the qualifying wholesale utility is reduced by the
amount of such energy necessary to enable the Colorado member to comply
with the rate impact limitation.
       SECTION 21. In Colorado Revised Statutes, 40-2-125.5, amend
(5)(g) as follows:
      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.
       (5) Regulatory matters.
       (g) (I) A clean energy plan voluntarily filed by a municipal utility or
a cooperative electric association that has voted to exempt itself from
regulation by the commission pursuant to article 9.5 of this title 40 shall be
deemed approved by the commission as filed if:
        (A) The division of administration, in consultation with the
commission, verifies that the plan demonstrates that, by 2030, the municipal
utility or cooperative electric association will achieve at least an
eighty-percent reduction in greenhouse gas emissions caused by the entity's
Colorado electricity sales relative to 2005 levels; and
       (B) The clean energy plan has previously been approved by a vote
of the entity's governing body.
        (II) Voluntary submission of a clean energy plan by a municipal
utility or a cooperative electric association does not alter the entity's
regulatory status with respect to the commission, including under article 9.5
of this title 40.
      SECTION 22. In Colorado Revised Statutes, add 40-2-144 and
40-2-145 as follows:
PAGE 24-HOUSE BILL 26-1326
       40-2-144. Joint resource procurement study - report - definition
- repeal.
      (1) AS USED IN THIS SECTION, "COLORADO ENERGY OFFICE" MEANS
THE COLORADO ENERGY OFFICE CREATED IN SECTION 24-38.5-101.
      (2) (a) AS SOON AS PRACTICABLE, THE COMMISSION SHALL CONDUCT
A STUDY REGARDING BARRIERS THAT ELECTRIC UTILITIES FACE IN JOINTLY
PROCURING ENERGY RESOURCES IN THE STATE, WHICH STUDY MUST:
     (I) IDENTIFY BARRIERS TO JOINT PROCUREMENT OF ADVANCED
TECHNOLOGY GENERATION, NONEMITTING CLEAN FIRM GENERATION, WIND
GENERATION, SOLAR GENERATION, CONVENTIONAL OR INNOVATIVE
STORAGE, AND TRANSMISSION RESOURCES;
       (II) IDENTIFY WHETHER AND HOW BARRIERS MAY VARY BETWEEN
UTILITIES REGULATED BY THE COMMISSION, COOPERATIVE ELECTRIC
ASSOCIATIONS THAT HAVE VOTED TO EXEMPT THEMSELVES FROM
COMMISSION JURISDICTION, AND MUNICIPALLY OWNED UTILITIES THAT ARE
NOT SUBJECT TO COMMISSION REGULATION AND PROPOSE SOLUTIONS TO
REDUCE ANY SUCH BARRIERS; AND
     (III) EXAMINE WHETHER AND HOW PARTICIPATION IN AN ORGANIZED
WHOLESALE MARKET CREATES, INCREASES, OR REDUCES BARRIERS TO JOINT
RESOURCE PROCUREMENT.
       (b) ON OR BEFORE EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE OF
THIS SECTION, THE COMMISSION SHALL SUBMIT TO THE GENERAL ASSEMBLY
A FINAL REPORT DESCRIBING THE STUDY'S FINDINGS AND ANY
RECOMMENDATIONS.
       (3) IN CONDUCTING THE STUDY PURSUANT TO SUBSECTION (2) OF
THIS SECTION, THE COMMISSION:
      (a) SHALL CONSULT WITH THE COLORADO ENERGY OFFICE; AND
      (b) MAY CONTRACT WITH A THIRD PARTY.
      (4) THIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2029.
PAGE 25-HOUSE BILL 26-1326
      40-2-145. Investor-owned utilities - minimum quality-of-service
metrics - rules.
      (1) ON OR BEFORE DECEMBER 31, 2027, THE COMMISSION SHALL
ADOPT RULES ESTABLISHING MINIMUM QUALITY-OF-SERVICE METRICS FOR
INVESTOR-OWNED GAS AND ELECTRIC UTILITIES IN THE STATE.
      (2) THE RULES MUST:
      (a) INCLUDE REQUIREMENTS FOR CUSTOMER-SPECIFIC INCENTIVES
AND PENALTIES ASSOCIATED WITH CUSTOMER-EXPERIENCED SERVICE
QUALITY, AND, IN ADOPTING THESE RULES, THE COMMISSION SHALL
CONSIDER WHETHER INCENTIVES AND PENALTIES SHOULD BE ESTABLISHED
IN A SYMMETRICAL MANNER TO PROMOTE QUALITY OF SERVICE; AND
      (b)SPECIFICALLY ADDRESS EQUITY FOR DISPROPORTIONATELY
IMPACTED COMMUNITIES IN ESTABLISHING THE QUALITY-OF-SERVICE
METRICS.
        SECTION 23. In Colorado Revised Statutes, 40-10.1-605, add
(13), (14), and (15) as follows:
      40-10.1-605. Operational requirements - driver impersonation
- misdemeanor - rules.
      (13) (a) AN INDIVIDUAL SHALL NOT IMPERSONATE A DRIVER OR
ENGAGE IN AN ACT THAT FALSELY REPRESENTS THAT THE INDIVIDUAL IS
REPRESENTING A TRANSPORTATION NETWORK COMPANY OR IS RESPONDING
TO A RIDER'S REQUEST FOR TRANSPORTATION NETWORK COMPANY SERVICES.
      (b) AN INDIVIDUAL WHO VIOLATES THIS SECTION COMMITS A CLASS
2 MISDEMEANOR AND SHALL BE PUNISHED AS PROVIDED IN SECTION
18-1.3-501 (1)(a.5); EXCEPT THAT AN INDIVIDUAL WHO COMMITS A
VIOLATION OF THIS SECTION DURING THE COMMISSION OF A FELONY OFFENSE
COMMITS A CLASS 6 FELONY AND SHALL BE PUNISHED AS PROVIDED IN
SECTION 18-1.3-401 (1)(a)(V.5).
      (c) NOTHING IN THIS SUBSECTION (13) PRECLUDES THE PROSECUTION
OF CONDUCT FORMING THE BASIS OF A VIOLATION OF THIS SUBSECTION (13)
UNDER THE CRIMINAL IMPERSONATION STATUTE, SECTION 18-5-113, OR ANY
PAGE 26-HOUSE BILL 26-1326
OTHER RELEVANT CRIMINAL STATUTE.
      (14) (a) A TRANSPORTATION NETWORK COMPANY SHALL CONDUCT
FREQUENT CHECKS UTILIZING FACIAL RECOGNITION SOFTWARE OR EQUALLY
OR MORE EFFECTIVE TECHNOLOGY, AS APPROVED BY THE COMMISSION, TO
PREVENT DRIVER IMPERSONATION IN ACCORDANCE WITH RULES ADOPTED BY
THE COMMISSION PURSUANT TO SUBSECTION (14)(b) OF THIS SECTION.
       (b) ON OR BEFORE EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE OF
THIS SUBSECTION (14), THE COMMISSION SHALL ADOPT RULES ESTABLISHING
REQUIREMENTS AND PROCEDURES FOR FREQUENT CHECKS UTILIZING FACIAL
RECOGNITION SOFTWARE OR EQUALLY OR MORE EFFECTIVE TECHNOLOGY, AS
APPROVED BY THE COMMISSION, TO PREVENT DRIVER IMPERSONATION
PROHIBITED PURSUANT TO SUBSECTION (13)(a) OF THIS SECTION.
     (c) THIS SUBSECTION (14) DOES NOT APPLY TO A TRANSPORTATION
NETWORK COMPANY THAT:
      (I) EITHER SERVES RIDERS, AT LEAST SEVENTY-FIVE PERCENT OF
WHOM ARE MINORS, OR EARNS AT LEAST NINETY PERCENT OF THE
TRANSPORTATION NETWORK COMPANY'S REVENUE FROM CONTRACTS WITH
A PUBLIC OR PRIVATE SCHOOL, THE FEDERAL GOVERNMENT, THE STATE, OR
AN AGENCY OR POLITICAL SUBDIVISION OF THE FEDERAL GOVERNMENT OR
OF THE STATE; AND
      (II) HAS AT LEAST NINETY PERCENT OF THE TRANSPORTATION
NETWORK COMPANY'S DRIVERS IN COMPLIANCE WITH THE COMMISSION'S
RULES ADOPTED PURSUANT TO SECTION 40-10.1-608 (3)(a).
      (15) (a) A TRANSPORTATION NETWORK COMPANY SHALL PROVIDE
INFORMATION ABOUT THE COMMISSION TO A RIDER, INCLUDING HOW THE
RIDER MAY CONTACT THE COMMISSION TO FILE A COMPLAINT USING THE
TRANSPORTATION NETWORK COMPANY'S DIGITAL NETWORK USED TO
CONNECT WITH A DRIVER, IN ACCORDANCE WITH RULES ADOPTED BY THE
COMMISSION PURSUANT TO SUBSECTION (15)(b) OF THIS SECTION.
       (b) ON OR BEFORE EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE OF
THIS SUBSECTION (15), THE COMMISSION SHALL ADOPT RULES ESTABLISHING
REQUIREMENTS AND PROCEDURES FOR A TRANSPORTATION NETWORK
COMPANY TO PROVIDE INFORMATION ABOUT THE COMMISSION, INCLUDING
PAGE 27-HOUSE BILL 26-1326
CONTACT INFORMATION FOR THE COMMISSION, TO A RIDER PURSUANT TO
SUBSECTION (15)(a) OF THIS SECTION.
     (c) TO AID IN THE PROCESSING OF TRANSPORTATION NETWORK
COMPANY CUSTOMER COMPLAINTS, COMMISSION STAFF WHO PROCESS
COMPLAINTS FROM THE GENERAL PUBLIC SHALL RECEIVE TRAINING IN
TRAUMA-INFORMED PRACTICES.
       SECTION 24. In Colorado Revised Statutes, 40-10.1-606, amend
(2)(b) as follows:
     40-10.1-606. Permit required for transportation network
companies - annual permit fee - penalty for violation - rules.
       (2) (b) On and after January 1, 2024 SEPTEMBER 1, 2026, the
commission shall issue a permit to each transportation network company
that meets the requirements of this part 6 and pays an annual permit fee to
the commission in an amount that the commission sets administratively with
approval of the executive director of the department of regulatory agencies,
IN CONSULTATION WITH THE DIRECTOR OF THE COMMISSION, and that does
not exceed one hundred eleven SIXTY-ONE thousand two hundred fifty
dollars. Before increasing a permit fee pursuant to this subsection (2)(b), the
commission shall notify transportation network companies in writing of the
increased fee at least thirty days before the increased fee takes effect.
        SECTION 25. In Colorado Revised Statutes, 40-10.1-110, amend
(1)(a) as follows:
       40-10.1-110. Record check - rules.
        (1) (a) An individual who wishes to drive: DRIVE a taxicab MOTOR
VEHICLE for a motor carrier that is the holder of a certificate to provide
taxicab service OR A CONTRACT CARRIER PERMIT issued under part 2 of this
article 10.1; a motor vehicle for a motor carrier that is the holder of a permit
to operate as a charter bus, children's activity bus, luxury limousine, or
off-road scenic charter under part 3 of this article 10.1; or a motor vehicle
for a motor carrier that is the holder of a permit to operate as a large-market
taxicab service under part 7 of this article 10.1 must SHALL have the
individual's fingerprints taken by a local law enforcement agency or any A
third party approved by the Colorado bureau of investigation for the
PAGE 28-HOUSE BILL 26-1326
purpose of obtaining a fingerprint-based criminal history record check.
        SECTION 26. In Colorado Revised Statutes, 40-10.1-111, amend
(1) introductory portion as follows:
     40-10.1-111. Filing, issuance, and annual fees - fee setting by the
commission.
       (1) A motor carrier shall pay the commission the following fees in
amounts set administratively by the commission with approval of the
executive director of the department of regulatory agencies, IN
CONSULTATION WITH THE DIRECTOR OF THE COMMISSION:
        SECTION 27. In Colorado Revised Statutes, 40-10.1-116, amend
(3)(a) as follows:
       40-10.1-116. Commission to notify local authorities - procedure.
        (3) (a) A person injured by the noncompliance of a motor carrier
with this article 10.1 or any other provision of law or an order, decision,
rule, direction, or requirement of the commission may apply to a court of
competent jurisdiction for the enforcement thereof, and the court has
jurisdiction to enforce obedience thereto by injunction or other proper
process, mandatory or otherwise, and to restrain the motor carrier and its
officers, agents, employees, or representatives from further disobedience
thereof, or to enjoin upon them obedience to the same, and any person so
injured has A cause of action in damages, and is privileged to pursue the
usual and proper remedies as in any other case, AND IS NOT REQUIRED TO
PURSUE OR EXHAUST ADMINISTRATIVE REMEDIES BEFORE THE COMMISSION
PRIOR TO COMMENCING SUIT OR OTHER ACTION SEEKING SUCH RELIEF.
      SECTION 28. In Colorado Revised Statutes, add 40-10.1-119 as
follows:
       40-10.1-119. Market study and report - common and contract
carriers - definition - repeal.
      (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES, "STUDY" MEANS THE STUDY REQUIRED BY THIS SECTION.
PAGE 29-HOUSE BILL 26-1326
      (2) THE COMMISSION SHALL CONDUCT A STUDY ON THE CURRENT
REGULATORY STRUCTURE FOR INTRASTATE CONTRACT AND COMMON
CARRIERS. THE STUDY MUST ADDRESS THE FOLLOWING ISSUES:
      (a) WHETHER THE CURRENT MODELS, INCLUDING REGULATED
MONOPOLY AND REGULATED COMPETITION, FOR MARKET ENTRY OF COMMON
CARRIERS AND CONTRACT CARRIERS ARE STILL AN APPROPRIATE STANDARD
TO BE IMPLEMENTED IN THE STATE IN LIGHT OF FACTORS SUCH AS THE
ECONOMIC LANDSCAPE AND JOB CREATION;
      (b)  IF THE CURRENT MARKET ENTRY MODELS DESCRIBED IN
SUBSECTION (2)(a) OF THIS SECTION ARE NOT AN APPROPRIATE STANDARD,
HOW THE CURRENT MODELS SHOULD BE CHANGED;
      (c) WHETHER THE CURRENT MODELS FOR ECONOMIC REGULATION OF
COMMON CARRIERS AND CONTRACT CARRIERS THAT REQUIRE RATE
STRUCTURES TO BE APPROVED AND SET IN A JUST, REASONABLE, AND
CONSISTENT MANNER FOR EACH PASSENGER ARE STILL BENEFICIAL TO THE
INDUSTRY AND TO CONSUMERS;
      (d) IF THE CURRENT ECONOMIC REGULATION MODELS DESCRIBED IN
SUBSECTION (2)(c) OF THIS SECTION ARE NOT AN APPROPRIATE STANDARD,
HOW THE CURRENT MODELS SHOULD BE CHANGED; AND
      (e)   IDENTIFYING THE PROPER BALANCE BETWEEN SERVICE
TERRITORY PROTECTIONS, SUCH AS REGULATED MONOPOLY AND REGULATED
COMPETITION, AND THE POTENTIAL BURDENS ASSOCIATED WITH THESE
MARKET ENTRY AND ECONOMIC REGULATION STANDARDS.
      (3) IN CONDUCTING THE STUDY, THE COMMISSION SHALL CONSIDER
THE FOLLOWING:
      (a)   WHETHER THE CONDITIONS THAT LED TO THE CURRENT
REGULATION OF COMMON CARRIERS AND CONTRACT CARRIERS HAVE
CHANGED AND WHETHER OTHER CONDITIONS HAVE ARISEN THAT WARRANT
MORE, LESS, OR THE SAME DEGREE OF OVERSIGHT BY THE COMMISSION;
      (b) WHETHER EXISTING STATUTES AND COMMISSION RULES
ESTABLISH THE LEAST RESTRICTIVE FORM OF OVERSIGHT THAT IS
CONSISTENT WITH THE PUBLIC INTEREST, CONSIDERING OTHER AVAILABLE
PAGE 30-HOUSE BILL 26-1326
MEANS OF REGULATION;
         (c)
           WHETHER EXISTING STATUTES AND COMMISSION RULES
STIMULATE OR RESTRICT COMPETITION; AND
     (d) WHETHER STATUTORY OR RULE CHANGES ARE NECESSARY TO
IMPROVE COMMISSION EFFICIENCY OR TO ENHANCE THE PUBLIC INTEREST.
         (4)AFTER CONDUCTING THE STUDY, THE COMMISSION SHALL
PUBLISH A REPORT OF THE STUDY'S FINDINGS AND MAKE RECOMMENDATIONS
TO THE GENERAL ASSEMBLY BY JANUARY 1, 2028.
         (5) THIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2028.
        SECTION 29. In Colorado Revised Statutes, 40-10.1-302, amend
(4) as follows:
         40-10.1-302. Permit requirements - rules.
       (4) In order to obtain a permit under this section, an applicant must
have SHALL DEMONSTRATE THAT each vehicle operated under the permit
HAS BEEN inspected within the immediately preceding twenty days by a
qualified mechanic in accordance with rules promulgated by the
commission. The applicant must also attach a report showing each vehicle
passed inspection IN ACCORDANCE WITH RULES ADOPTED BY THE
COMMISSION.
        SECTION 30. In Colorado Revised Statutes, 40-10.1-702, amend
(3) as follows:
         40-10.1-702. Large-market taxicab service - permit required -
rules.
       (3) In order to obtain a permit under this section, an applicant must
SHALL demonstrate that each vehicle operated under the permit has been
inspected within the immediately preceding twelve months by a qualified
mechanic in accordance with rules promulgated ADOPTED by the
commission.
         SECTION 31. In Colorado Revised Statutes, 40-18-101, amend (3)
PAGE 31-HOUSE BILL 26-1326
and (6); repeal (5); and add (2.4) and (2.6) as follows:
       40-18-101. Definitions.
       As used in this article 18, unless the context otherwise requires:
      (2.4) "PROGRAM STANDARD" MEANS A STATE SAFETY OVERSIGHT
PROGRAM STANDARD DEVELOPED BY THE COMMISSION IN CONFORMANCE
WITH 49 CFR 674, "STATE SAFETY OVERSIGHT".
       (2.6) "PUBLIC TRANSPORTATION AGENCY SAFETY PLAN" MEANS THE
DOCUMENTED COMPREHENSIVE AGENCY SAFETY PLAN FOR A RAIL FIXED
GUIDEWAY PUBLIC TRANSPORTATION SYSTEM, INCLUDING A RAIL TRANSIT
AUTHORITY, THAT IS REQUIRED BY 49 U.S.C. SEC. 5329 (d) AND BASED ON
A SAFETY MANAGEMENT SYSTEM, AS DEFINED IN 49 CFR 673.5.
        (3) (a) "Rail fixed guideway PUBLIC TRANSPORTATION system"
means any A light, heavy, or rapid rail system, monorail, inclined plane,
funicular, trolley, or automated guideway used to transport passengers that
is not regulated by the federal railroad administration.
      (b) The term "Rail fixed guideway PUBLIC TRANSPORTATION
system" does not include:
      (I) Funiculars that are passenger tramways as defined in section
12-150-103 (5)(c) and are subject to the jurisdiction of the Colorado
passenger tramway safety board created in section 12-150-104; OR
      (II) AUTOMATED PEOPLE MOVERS THAT ARE CONVEYANCES, AS
DEFINED IN SECTION 9-5.5-103 (11), AND ARE SUBJECT TO THE JURISDICTION
OF THE DIRECTOR OF THE DIVISION OF OIL AND PUBLIC SAFETY CREATED IN
SECTION 8-20-101.
       (5) "System safety program standard" means a safety standard
developed by the commission in conformance with 49 CFR 674, entitled
"State Safety Oversight".
      (6) "Transit agency" means an entity operating a rail fixed guideway
PUBLIC TRANSPORTATION system.
PAGE 32-HOUSE BILL 26-1326
      SECTION 32. In Colorado Revised Statutes, amend 40-18-102 as
follows:
      40-18-102. Rail fixed guideway public transportation system
oversight program - commission may establish.
       The commission is authorized to establish an oversight program for
the safety and security of rail fixed guideway PUBLIC TRANSPORTATION
systems in accordance with section 28 of the "Intermodal Surface
Transportation Efficiency Act of 1991", 49 U.S.C. sec. 5330, and the
"Moving Ahead for Progress in the 21st Century Act", 49 U.S.C. sec. 5329.
      SECTION 33. In Colorado Revised Statutes, amend 40-18-103 as
follows:
      40-18-103. Commission to adopt rules.
      (1) The commission shall promulgate ADOPT rules as are necessary
to:
       (a) Require, review, approve, and monitor the creation and
implementation of a system PUBLIC TRANSPORTATION AGENCY safety
program plan for each rail fixed guideway PUBLIC TRANSPORTATION system
operating in Colorado;
        (b) Investigate hazardous conditions and accidents SAFETY EVENTS
on rail fixed guideway PUBLIC TRANSPORTATION systems;
       (c) Require corrective action BY A RAIL FIXED GUIDEWAY PUBLIC
TRANSPORTATION SYSTEM OPERATED by a transit agency to correct or
eliminate hazardous conditions; AND
       (d) Require that system safety THE program standards comply
STANDARD THAT THE COMMISSION DEVELOPS COMPLIES with the
requirements of 49 CFR 674, entitled "State Safety Oversight", at a
minimum, and also adequately address the issue of personal security
PROGRAM STANDARD.
      (2) The commission shall promulgate ADOPT rules to establish a
system safety oversight program for rail fixed guideway PUBLIC
PAGE 33-HOUSE BILL 26-1326
TRANSPORTATION systems operating within the state. that, at a minimum,
meets the requirements of 49 CFR 674, entitled "State Safety Oversight".
        SECTION 34. In Colorado Revised Statutes, 40-4-106, amend
(6)(e), (6)(f), and (6)(g)(II) as follows:
       40-4-106. Rules for public safety - crossings - civil fines -
allocation of expenses - definitions.
       (6) As used in this section, unless the context otherwise requires:
      (e) "Rail fixed guideway" means a person possessing rail fixed
guideway PUBLIC TRANSPORTATION system facilities by ownership or lease.
      (f) (I) "Rail fixed guideway PUBLIC TRANSPORTATION system" has
the meaning set forth in section 40-18-101 (3).
        (II) "Rail fixed guideway PUBLIC TRANSPORTATION system" includes
street railroads, street railways, and electric railroads, as those terms are
used in article 24 of this title 40.
     (g) (II) "Railroad" does not include A rail fixed guideways
GUIDEWAY or A rail fixed guideway systems PUBLIC TRANSPORTATION
SYSTEM.
      SECTION 35. In Colorado Revised Statutes, repeal 40-18-105 as
follows:
       40-18-105. Calculation and assessment of fees.
       (1) Repealed.
      (2) (a) At each regular session, the general assembly shall determine
the amounts to be expended by the commission from the public utilities
commission fixed utility fund created in section 40-2-114 for its
administrative expenses under this article, including any additional FTE that
may be necessary.
       (b) The director of the public utilities commission shall provide
written notice to the revisor of statutes once the federal grant moneys made
PAGE 34-HOUSE BILL 26-1326
available under the "Moving Ahead for Progress in the 21st Century Act",
49 U.S.C. sec. 5329, have been awarded to the state. This subsection (2)
takes effect upon the receipt by the revisor of statutes of such written notice.
        SECTION 36. In Colorado Revised Statutes, 40-2-109, amend
(2)(a) introductory portion and (2)(a)(II); and repeal (2)(b) as follows:
      40-2-109. Report to executive director of the department of
revenue.
        (2) (a) On March 1 of each year, the public utilities commission
shall furnish the executive director of the department of revenue with a list
of those public utilities subject to its THE COMMISSION'S jurisdiction,
supervision, and regulation on January 1 of each year. The provisions of
This subsection (2) shall DOES not apply to:
        (II) Rail fixed guideway PUBLIC TRANSPORTATION systems that are
regulated by the public utilities commission pursuant to part 1 of article 18
of this title TITLE 40.
       (b) The director of the public utilities commission shall provide
written notice to the revisor of statutes once the federal grant money made
available under the "Moving Ahead for Progress in the 21st Century Act",
49 U.S.C. sec. 5329, have been awarded to the state. This subsection (2)
takes effect upon the receipt by the revisor of statutes of such written notice.
      SECTION 37. In Colorado Revised Statutes, add 40-2-109.3 as
follows:
       40-2-109.3. Study on modernizing commission structure - report
- repeal.
      (1) TO ENSURE THAT THE COMMISSION AND COMMISSION STAFF HAVE
SUFFICIENT CAPACITY, TECHNICAL EXPERTISE, AND RESOURCES TO FULFILL
ITS STATUTORY DUTIES UNDER THIS TITLE 40, THE COMMISSION SHALL
ENGAGE AN INDEPENDENT THIRD-PARTY CONSULTANT TO CONDUCT A STUDY
ON HOW TO MODERNIZE ITS PERSONNEL, ORGANIZATIONAL, AND BUDGETARY
STRUCTURES. IN CONDUCTING THE STUDY, THE COMMISSION SHALL CONSULT
RELEVANT STAKEHOLDERS, INCLUDING REGULATED ENTITIES, TO SOLICIT
FEEDBACK. THE STUDY MUST INCLUDE, AT A MINIMUM, AN EVALUATION OF,
PAGE 35-HOUSE BILL 26-1326
AND RECOMMENDATIONS REGARDING, THE SIZE OF THE COMMISSION,
COMPENSATION FOR COMMISSIONERS INCLUDING SALARY AND TRAVEL
REIMBURSEMENT, POTENTIAL FUNDING MECHANISMS TO SUPPORT
STATUTORY EQUITY OBJECTIVES AND INTERVENOR PARTICIPATION, AND THE
ADEQUACY OF CURRENT STAFFING LEVELS.
      (2) ON OR BEFORE NOVEMBER 1, 2026, THE COMMISSION SHALL
SUBMIT AN INITIAL REPORT ON THE STUDY SUMMARIZING ITS INITIAL
FINDINGS AND RECOMMENDATIONS TO THE HOUSE OF REPRESENTATIVES
ENERGY AND ENVIRONMENT COMMITTEE AND THE SENATE TRANSPORTATION
AND ENERGY COMMITTEE, OR THEIR SUCCESSOR COMMITTEES.
      (3) ON OR BEFORE NOVEMBER 1, 2027, THE COMMISSION SHALL
SUBMIT A FINAL REPORT ON THE STUDY TO THE COMMITTEES LISTED IN
SUBSECTION (2) OF THIS SECTION, WHICH FINAL REPORT MUST INCLUDE THE
COMMISSION'S FINDINGS AND RECOMMENDATIONS, INCLUDING ANY
LEGISLATIVE RECOMMENDATIONS.
       (4) THIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2028.
        SECTION 38. In Colorado Revised Statutes, 40-2-114, amend
(1)(a) introductory portion and (1)(a)(I) as follows:
        40-2-114. Disposition of fees collected - telecommunications
utility fund - fixed utility fund - appropriation.
       (1) (a) Three percent of the fees collected under section 40-2-113 by
the department of revenue shall be remitted to the state treasurer and
credited by The state treasurer SHALL CREDIT THE FEES COLLECTED UNDER
SECTION 40-2-113 as follows:
        (I) Notwithstanding any other provision of this paragraph (a), for the
2016-17 fiscal year and SUBSECTION (1)(a), for any STATE fiscal year
thereafter in which a grant match is required for the receipt of federal
money under the federal "Moving Ahead for Progress in the 21st Century
Act", Pub.L. 112-141, 126 Stat. 405, 49 U.S.C. SEC. 5329 for rail fixed
guideway system PUBLIC TRANSPORTATION safety oversight responsibilities
under article 18 of this title, the lesser of all of the fees or up to one hundred
fifty thousand dollars of the fees, or as much thereof as TITLE 40, THE
AMOUNT the commission deems necessary to the public utilities commission
PAGE 36-HOUSE BILL 26-1326
fixed utility fund created in paragraph (b) of this subsection (1) SUBSECTION
(1)(b) OF THIS SECTION IN ORDER TO OBTAIN THE FEDERAL GRANT MATCH;
        SECTION 39. In Colorado Revised Statutes, 6-1-905, amend
(3)(b) introductory portion and (3)(b)(II) as follows:
       6-1-905. Establishment and operation of a Colorado no-call list
- rules.
        (3) (b) The public utilities commission shall establish, by rule,
guidelines for the designated agent for the development and maintenance
of the Colorado no-call list so that the no-call list can easily be accessed by
persons or entities desiring to make telephone solicitations and by state and
local law enforcement agencies. As soon as practicable, after March 25,
2003, the public utilities commission shall promulgate ADOPT rules that:
        (II) Specify that there shall be an annual registration fee IN AN
AMOUNT of not more than five hundred ONE THOUSAND dollars for TO BE
PAID BY persons or entities that wish to make telephone solicitations or
otherwise access the database of telephone numbers and zip codes
contained in the Colorado no-call list database. The public utilities
commission shall determine such THE AMOUNT OF THE fee on a sliding scale
so that persons or entities with fewer than five employees shall DO NOT pay
no A fee. In addition, there A FEE shall be no fee NOT BE charged to
conforming list brokers or nonprofit corporations, as defined in section
7-121-401 (26). C.R.S. The maximum fee AMOUNT TO BE PAID BY PERSONS
OR ENTITIES THAT WISH TO MAKE TELEPHONE SOLICITATIONS OR OTHERWISE
ACCESS THE COLORADO NO-CALL LIST DATABASE shall be charged only to
persons or entities with more than one thousand employees. Moneys THE
COMMISSION SHALL ESTABLISH, BY RULE, A SEPARATE FEE CHARGED TO
CONFORMING LIST BROKERS. MONEY collected from such AS fees PURSUANT
TO THIS SUBSECTION (3)(b)(II) shall BE USED TO cover the direct and indirect
costs related to the creation and operation of the Colorado no-call list.
Moneys from such THE fees shall be collected by and paid directly to the
designated agent. The public utilities commission shall have the authority
to MAY annually adjust the fees below the stated maximum based on
revenue history of the fees received by the designated agent. The designated
agent shall provide means for online registration and credit card payment
of fees charged pursuant to this subparagraph (II) SUBSECTION (3)(b)(II).
Each such person or entity shall provide a current business name, business
PAGE 37-HOUSE BILL 26-1326
address, email address if available, and telephone number when initially
registering for the no-call list. This information shall be updated when
changes occur.
        SECTION 40. In Colorado Revised Statutes, 40-2-112, amend (1)
as follows:
       40-2-112. Computation of fees.
        (1) (a) On or before June 1 of each year, the executive director of
the department of revenue shall ascertain the aggregate amount of gross
operating revenues of telephone corporations and all other public utilities
filing returns as provided in section 40-2-111. Based on appropriations
made by the general assembly, the executive director of the department of
regulatory agencies, IN CONSULTATION WITH THE DIRECTOR OF THE
COMMISSION, shall specify, for the telecommunications utility fund, created
in section 40-2-114 (1)(b)(I), and the public utilities commission fixed
utility fund, created in section 40-2-114 (1)(b)(II), the revenue needed to
provide for the direct and indirect costs of the supervision and regulation of
telephone corporations and all other public utilities under the jurisdiction of
the department of regulatory agencies, excluding the amount of money
provided as administrative support from the various telecommunications
programs administered by the commission, including the high cost support
mechanism, established in section 40-15-208; the 911 surcharge, established
in section 29-11-102.3; the 988 surcharge, established in section
40-17.5-102; and the telephone disability access surcharge, established in
section 40-17-102.
        (b) (I) For each telephone corporation, the executive director of the
department of regulatory agencies, IN CONSULTATION WITH THE DIRECTOR
OF THE COMMISSION, shall compute the percentage which the amount of
revenue needed for the direct and indirect costs of the supervision and
regulation of telephone corporations is of the aggregate amount of gross
operating revenues of the telephone corporation derived from intrastate
utility business transacted during the preceding calendar year, and that
percentage shall be the basis upon which fees due from telephone
corporations for the ensuing year shall be fixed.
       (II) For each public utility other than a telephone corporation, the
executive director of the department of regulatory agencies, IN
PAGE 38-HOUSE BILL 26-1326
CONSULTATION WITH THE DIRECTOR OF THE COMMISSION, shall compute the
percentage which the amount of revenue needed for the direct and indirect
costs of the supervision and regulation of public utilities other than
telephone corporations is of the aggregate amount of gross operating
revenues of such public utilities derived from intrastate utility business
transacted during the preceding calendar year, and that percentage shall be
the basis upon which fees due from the public utilities for the ensuing year
shall be fixed.
      SECTION 41. In Colorado Revised Statutes, 40-2-113, add (4) as
follows:
       40-2-113. Collection of fees - limitation - filing fees.
       (4) (a) EXCEPT AS PROVIDED IN SUBSECTION (4)(b) OF THIS SECTION,
THE COMMISSION MAY SET ADMINISTRATIVELY A FILING FEE SCHEDULE FOR
APPLICATIONS, PETITIONS, REGISTRATIONS, FORMAL COMPLAINTS, AND
SIMILAR FILINGS THAT ARE SUBMITTED TO THE COMMISSION THAT RELATE TO
COMMUNICATIONS SERVICES, TELECOMMUNICATIONS SERVICES, AND BASIC
EMERGENCY SERVICES. THE PURPOSE OF THE FILING FEES IS TO RECOVER THE
COMMISSION'S COSTS ASSOCIATED WITH REGULATORY ACTIVITIES THAT ARE
NOT COVERED BY THE FEES ASSESSED PURSUANT TO SECTIONS 40-2-112 AND
40-2-113.
       (b) MEMBERS OF THE PUBLIC WHO FILE COMPLAINTS AND PUBLIC
UTILITIES THAT ARE SUBJECT TO THE FEES ASSESSED PURSUANT TO SECTIONS
40-2-112 AND 40-2-113 ARE EXEMPT FROM THE FILING FEES SET PURSUANT
TO SUBSECTION (4)(a) OF THIS SECTION.
       (c) THE STATE TREASURER SHALL CREDIT ALL FILING FEES
COLLECTED BY THE COMMISSION PURSUANT TO THIS SUBSECTION (4) TO THE
TELECOMMUNICATIONS UTILITY FUND CREATED IN SECTION 40-2-114
(1)(b)(I).
        SECTION 42. In Colorado Revised Statutes, 40-15-402, amend (1)
as follows:
      40-15-402. No regulation by the commission - no certificate
required.
PAGE 39-HOUSE BILL 26-1326
        (1) Nothing in articles 1 to 7 of this title TITLE 40 or parts 2 and 3 of
this article ARTICLE 15 shall apply APPLIES to deregulated services and
products pursuant to this part 4; EXCEPT THAT THE FILING FEES SET
ADMINISTRATIVELY BY THE COMMISSION PURSUANT TO SECTION 40-2-113
(4) APPLY TO DEREGULATED SERVICES AND PRODUCTS.
        SECTION 43. In Colorado Revised Statutes, 29-11-104, amend
(2)(a)(II)(A) as follows:
       29-11-104. Use of money collected.
        (2) (a) (II) If money is available after the costs and charges
enumerated in subsection (2)(a)(I) of this section are fully paid in a given
year, the money may be expended for:
      (A) Public safety radio equipment outside the PSAP THAT IS USED
FOR DISPATCHING EMERGENCY SERVICE PROVIDERS TO RESPOND TO 911
CALLS; or
        SECTION 44. In Colorado Revised Statutes, 17-42-103, amend
(5)(a) and (5)(c)(III); and add (5)(d.5), (6), and (7) as follows:
       17-42-103. Policies concerning inmates' use of telephones -
excessive rates prohibited - transparency of communications services
in correctional facilities - report - definitions - rules.
       (5) (a)   Starting on January 1, 2022, THE PUBLIC UTILITIES
COMMISSION MAY ESTABLISH, BY RULE, INTRASTATE rate caps AND CAPS ON
ANCILLARY SERVICE CHARGES established by the federal communications
commission TO apply to all in-state debit, prepaid, and collect calls to or
from a correctional facility. THE INTRASTATE RATE CAPS MAY TAKE EFFECT
JANUARY 1, 2027. THE PUBLIC UTILITIES COMMISSION MAY ANNUALLY
ADJUST THE RATE CAPS IN AN AMOUNT NOT TO EXCEED ANY INTRASTATE
RATE CAPS ESTABLISHED BY THE FEDERAL COMMUNICATIONS COMMISSION.
THE PUBLIC UTILITIES COMMISSION MAY ENFORCE THE RATE CAPS.
       (c) The public utilities commission shall comply with the following
steps when conducting trial tests of penal communications services:
       (III) Tests may be conducted remotely. All correctional facilities
PAGE 40-HOUSE BILL 26-1326
AND PENAL COMMUNICATIONS SERVICE PROVIDERS shall cooperate with the
public utilities commission in conducting tests of penal communications
services.
      (d.5) THE PUBLIC UTILITIES COMMISSION SHALL DEVELOP FLYERS OR
OTHER INFORMATIONAL DOCUMENTS TO INFORM MEMBERS OF THE PUBLIC OF
THE METHODS BY WHICH THEY MAY SUBMIT AN INFORMAL COMPLAINT TO
THE PUBLIC UTILITIES COMMISSION REGARDING PENAL COMMUNICATIONS
SERVICES. BEGINNING JANUARY 1, 2027, EACH CORRECTIONAL FACILITY
SHALL POST THE DOCUMENTS IN A CONSPICUOUS LOCATION WHERE THE
DOCUMENTS MAY BE VIEWED BY VISITORS TO THE CORRECTIONAL FACILITY.
      (6) THE PUBLIC UTILITIES COMMISSION MAY ADOPT RULES
IMPLEMENTING THIS SECTION, INCLUDING RULES:
      (a) REQUIRING PENAL COMMUNICATIONS SERVICE PROVIDERS TO
REPORT OUTAGES OF PENAL COMMUNICATIONS SERVICES TO THE PUBLIC
UTILITIES COMMISSION; AND
      (b) IMPOSING PENALTIES THAT COMPORT WITH SECTION 40-7-113.5
(1) FOR A PENAL COMMUNICATIONS SERVICE PROVIDER'S FAILURE TO
COMPLY WITH THE REQUIREMENTS OF THIS SECTION THAT APPLY TO PENAL
COMMUNICATIONS SERVICE PROVIDERS.
       (7) NOTHING IN THIS SECTION IS INTENDED TO ESTABLISH PUBLIC
UTILITIES COMMISSION AUTHORITY OVER CORRECTIONAL FACILITIES.
       SECTION 45. In Colorado Revised Statutes, 40-7-117, amend (2)
introductory portion and (2)(c) as follows:
       40-7-117. Gas pipeline safety rules - civil penalty for violations
- other remedies - rules.
       (2) Any THE COMMISSION MAY REDUCE THE AMOUNT OF A civil
penalty authorized by this section may be reduced by the commission based
on consideration of objective metrics and factors set forth in rules. The
metrics and factors must include:
     (c) The extent to which the violator agrees to spend, in lieu of
payment of part of the civil penalty, a specified dollar amount on
PAGE 41-HOUSE BILL 26-1326
commission-approved measures to reduce the overall risk to pipeline system
safety or integrity; except that the amount of the penalty payable to the
commission shall MUST be no less than five thousand dollars UNLESS THE
VIOLATOR IS A SMALL OPERATOR, AS THAT TERM IS DEFINED BY THE
COMMISSION BY RULE.
        SECTION 46. In Colorado Revised Statutes, 40-3-104.4, add (3)
as follows:
      40-3-104.4. Simplified regulatory treatment for small or
nonprofit water utilities - study of privately owned water utilities -
repeal.
       (3) (a) ON OR BEFORE EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE
OF THIS SUBSECTION (3), THE COMMISSION SHALL CONDUCT A STUDY THAT:
         (I) IDENTIFIES ALL PRIVATELY OWNED WATER UTILITIES IN THE
STATE;
     (II) ASSESSES THE FINANCIAL CONDITION OF EACH OF THE PRIVATELY
OWNED WATER UTILITIES;
      (III) ANALYZES WHAT OPTIONS ARE AVAILABLE TO THE PRIVATELY
OWNED WATER UTILITIES TO TRANSITION INTO SPECIAL DISTRICTS,
MUNICIPAL ENTITIES, PUBLIC INTEREST NONPROFIT ORGANIZATIONS,
MEMBER-OWNED NONPROFIT ORGANIZATIONS, OR OTHER TYPES OF ENTITIES;
AND
         (IV) ADDRESSES WHAT UPGRADE COSTS ARE NECESSARY FOR THE
MAINTENANCE OR ENVIRONMENTAL COMPLIANCE OF PRIVATELY OWNED
WATER UTILITY INFRASTRUCTURE AND WHETHER A DISTINCT FUNDING
STREAM SHOULD BE MADE AVAILABLE TO SUPPORT THE UPGRADE COSTS.
      (b) THE COMMISSION SHALL COMPLETE AND MAKE THE RESULTS OF
THE STUDY PUBLICLY AVAILABLE ON THE COMMISSION'S WEBSITE ON OR
BEFORE OCTOBER 1, 2031.
         (c) THIS SUBSECTION (3) IS REPEALED, EFFECTIVE SEPTEMBER 1,
2032.
PAGE 42-HOUSE BILL 26-1326
      SECTION 47. In Colorado Revised Statutes, add 40-4-123 as
follows:
       40-4-123. Electric utilities - interconnection information -
disclosure for federal clean electricity investment credit compliance -
definitions.
      (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
      (a) "FEDERAL CREDIT" MEANS THE FEDERAL CLEAN ELECTRICITY
INVESTMENT CREDIT AUTHORIZED UNDER SECTION 48E OF THE FEDERAL
"INTERNAL REVENUE CODE OF 1986", 26 U.S.C. SEC. 48E.
      (b) "INTERCONNECTION UTILITY" MEANS AN INVESTOR-OWNED
ELECTRIC UTILITY.
      (c) "MATERIAL ASSISTANCE COST RATIO" MEANS THE MEASUREMENT
OF HOW MUCH OF A PROJECT'S COST IS FROM NONPROHIBITED FOREIGN
ENTITY SOURCES AND IS CALCULATED IN ACCORDANCE WITH 26 U.S.C. SEC.
7701 (a)(52)(D) OR ANY SUCCESSOR FEDERAL STATUTE.
      (d) "QUALIFIED INTERCONNECTION PROPERTY" HAS THE MEANING
SET FORTH IN 26 U.S.C. SEC. 48E (b)(4).
      (2) AN INTERCONNECTION UTILITY SHALL, UPON WRITTEN REQUEST,
PROVIDE A TAXPAYER CLAIMING THE FEDERAL CREDIT ANY INFORMATION OR
CERTIFICATIONS REASONABLY NECESSARY FOR A DETERMINATION OF
COMPLIANCE WITH APPLICABLE FEDERAL REQUIREMENTS, INCLUDING THE
MATERIAL ASSISTANCE COST RATIO. THE INFORMATION OR CERTIFICATIONS
MUST INCLUDE, TO THE EXTENT IT IS AVAILABLE, INFORMATION REGARDING
THE ORIGIN, COST, AND CONSTITUENT COMPONENTS OF ANY PROPERTY OR
EQUIPMENT, INCLUDING ASSOCIATED LABOR COSTS, THAT IS REQUIRED FOR
CALCULATING THE MATERIAL ASSISTANCE COST RATIO FOR QUALIFIED
INTERCONNECTION PROPERTY.
      (3)    AN  INTERCONNECTION UTILITY SHALL PROVIDE THE
INFORMATION OR CERTIFICATIONS REQUESTED PURSUANT TO SUBSECTION (2)
OF THIS SECTION WITHIN A REASONABLE TIME FRAME AND IN SUFFICIENT
DETAIL TO ENABLE THE TAXPAYER TO PERFORM THE REQUIRED
PAGE 43-HOUSE BILL 26-1326
CALCULATIONS AND CERTIFICATIONS REQUIRED UNDER FEDERAL TAX RULES
AND GUIDANCE REGARDING THE FEDERAL CREDIT.
      SECTION 48. In Colorado Revised Statutes, add 40-2-132.7 as
follows:
      40-2-132.7. Energy planning proceedings - investigation to
streamline - report - repeal.
      (1) ON OR BEFORE DECEMBER 1, 2026, THE COMMISSION SHALL OPEN
ONE OR MORE MISCELLANEOUS PROCEEDINGS TO INVESTIGATE POTENTIAL
BARRIERS TO AND OPPORTUNITIES FOR STREAMLINING ENERGY PLANNING
PROCEEDINGS, INTEGRATING GAS AND ELECTRIC SYSTEM PLANNING, AND
MAXIMIZING THE EFFICIENCY AND EFFECTIVENESS OF CUSTOMER
PROGRAMMING. IN CONDUCTING THE MISCELLANEOUS PROCEEDINGS, THE
COMMISSION SHALL IDENTIFY AND EVALUATE RECOMMENDATIONS RELATED
TO:
      (a)   REVISING THE TIMING AND ORDER FOR KEY PLANNING
PROCEEDINGS TO ACHIEVE REGULATORY EFFICIENCY AND REDUCE
LITIGATION COSTS WHILE MAINTAINING HIGH STANDARDS OF REGULATORY
OVERSIGHT;
      (b) INTEGRATING GAS AND ELECTRIC SYSTEM PLANNING AS A MEANS
TO REDUCE RATEPAYER COSTS AND TO ADVANCE FEDERAL, REGIONAL,
STATE, AND LOCAL AIR QUALITY AND DECARBONIZATION GOALS; AND
      (c) IMPROVING THE COST-EFFECTIVENESS AND EFFECTIVENESS OF
UTILITY CUSTOMER PROGRAMS, INCLUDING DEMAND-SIDE MANAGEMENT,
BENEFICIAL ELECTRIFICATION, CLEAN HEAT, CUSTOMER-SITED RENEWABLE
ENERGY AND STORAGE, AND INCOME-QUALIFIED SERVICE PROGRAMS.
      (2) IN EVALUATING POTENTIAL BARRIERS AND OPPORTUNITIES FOR
INTEGRATING GAS AND ELECTRIC SYSTEM PLANNING PURSUANT TO
SUBSECTION (1)(b) OF THIS SECTION, THE COMMISSION SHALL CONSIDER:
      (a)   IMPLEMENTING EMERGING FORECASTING AND MODELING
PRACTICES TO ALLOW FOR OPTIMIZATION ACROSS GAS AND ELECTRIC
SYSTEMS;
PAGE 44-HOUSE BILL 26-1326
      (b) ALIGNING PLANNING PROCESSES, FORECASTS, ASSUMPTIONS,
PROGRAMS, INITIATIVES, OR ANY COMBINATION THEREOF ACROSS GAS,
ELECTRIC, AND STEAM PROCEEDINGS;
      (c) FACILITATING SECURE DATA SHARING BETWEEN GAS AND
ELECTRIC UTILITIES AND WITH CERTAIN NONUTILITY ENTITIES, SUCH AS
GOVERNMENTAL BODIES AND THIRD-PARTY PROVIDERS;
     (d) IMPROVING COLLABORATION AMONG UTILITIES THAT HAVE
OVERLAPPING SERVICE TERRITORIES;
     (e) EVALUATING AND IMPLEMENTING GEOGRAPHICALLY TARGETED
ZONAL ELECTRIFICATION;
      (f) EVALUATING AND MINIMIZING STRANDED ASSET RISKS; AND
      (g) MODIFYING COST-RECOVERY METHODS TO REDUCE RATEPAYER
RISK OR TO ALIGN UTILITY INCENTIVES WITH RELEVANT PUBLIC POLICY
OBJECTIVES SUCH AS REDUCING GREENHOUSE GAS EMISSIONS.
      (3) IN CONDUCTING THE MISCELLANEOUS PROCEEDINGS PURSUANT
TO SUBSECTION (1) OF THIS SECTION, THE COMMISSION SHALL SOLICIT INPUT
FROM STAKEHOLDERS THROUGH PUBLIC WORKSHOPS, WRITTEN COMMENTS,
AND OTHER FORUMS.
     (4) (a) BASED ON THE MISCELLANEOUS PROCEEDINGS CONDUCTED
PURSUANT TO SUBSECTION (1) OF THIS SECTION, THE COMMISSION SHALL
PRODUCE A REPORT IDENTIFYING ITS FINDINGS, CONCLUSIONS, AND
RECOMMENDATIONS . T HE COMMISSION SHALL INCLUDE ANY
RECOMMENDATIONS REGARDING LEGISLATIVE , REGULATORY , OR
OPERATIONAL ACTIONS NEEDED TO:
      (I)   IMPROVE REGULATORY EFFICIENCY AND EFFECTIVENESS,
INCLUDING THROUGH REVISING THE TIMING AND ORDER OF KEY PLANNING
PROCEEDINGS;
      (II) ADVANCE INTEGRATED GAS AND ELECTRIC SYSTEM PLANNING;
AND
      (III) DELIVER COST-EFFECTIVE, IMPACTFUL, AND STREAMLINED
PAGE 45-HOUSE BILL 26-1326
UTILITY CUSTOMER PROGRAMMING TO ACHIEVE PUBLIC POLICY GOALS,
INCLUDING GOALS OF REDUCING GREENHOUSE GAS EMISSIONS AND
INCREASING ACCESS TO AND THE BENEFITS OF PROGRAMMING FOR
INCOME-QUALIFIED CUSTOMERS AND DISPROPORTIONATELY IMPACTED
COMMUNITIES.
       (b) WITHIN THE REPORT, THE COMMISSION SHALL ALSO IDENTIFY
WHETHER ANY OF THE RECOMMENDATIONS MADE PURSUANT TO SUBSECTION
(4)(a) OF THIS SECTION WOULD REQUIRE OR BENEFIT FROM LEGISLATION TO
CHANGE STATUTORY DEADLINES FOR SPECIFIC PLANNING PROCEEDINGS,
AND, IF SO, THE COMMISSION SHALL RECOMMEND THE STATUTORY CHANGES
NEEDED.
       (5) ON OR BEFORE NOVEMBER 30, 2027, THE COMMISSION SHALL
SUBMIT THE REPORT TO THE HOUSE OF REPRESENTATIVES ENERGY AND
ENVIRONMENT COMMITTEE , THE HOUSE OF REPRESENTATIVES
TRANSPORTATION, HOUSING, AND LOCAL GOVERNMENT COMMITTEE, AND
THE SENATE TRANSPORTATION AND ENERGY COMMITTEE, OR THEIR
SUCCESSOR COMMITTEES.
       (6) THIS SECTION IS REPEALED, EFFECTIVE JANUARY 1, 2029.
        SECTION 49. Appropriation. (1) For the 2026-27 state fiscal
year, $298,448 is appropriated to the department of regulatory agencies.
This appropriation consists of $223,448 from the public utilities
commission fixed utility fund created in section 40-2-114 (1)(b)(II), C.R.S.,
and $75,000 from the public utilities commission motor carrier fund created
in section 40-2-110.5 (6), C.R.S. To implement this act, the department may
use this appropriation as follows:
        (a) $232,712, including $157,712 from the fixed utility fund and
$75,000 from the motor carrier fund, for use by the public utilities
commission for personal services, which amount is based on an assumption
that the commission will require an additional 1.6 FTE;
     (b) $16,048 from the fixed utility fund for use by the public utilities
commission for operating expenses; and
       (c) $49,688 from the fixed utility fund for the purchase of legal
services.
PAGE 46-HOUSE BILL 26-1326
       (2) For the 2026-27 state fiscal year, $49,688 is appropriated to the
department of law. This appropriation is from reappropriated funds received
from the department of regulatory agencies under subsection (1)(c) of this
section and is based on an assumption that the department of law will
require an additional 0.2 FTE. To implement this act, the department of law
may use this appropriation to provide legal services for the department of
regulatory agencies.
        SECTION 50. Act subject to petition - effective date -
applicability. (1) This act takes effect at 12:01 a.m. on the day following
the expiration of the ninety-day period after final adjournment of the
general assembly (August 12, 2026, if adjournment sine die is on May 13,
2026); except that, if a referendum petition is filed pursuant to section 1 (3)
of article V of the state constitution against this act or an item, section, or
part of this act within such period, then the act, item, section, or part will
not take effect unless approved by the people at the general election to be
held in November 2026 and, in such case, will take effect on the date of the
official declaration of the vote thereon by the governor.
PAGE 47-HOUSE BILL 26-1326
       (2) This act applies to conduct occurring on or after the applicable
effective date of this act.
____________________________  ____________________________
Julie McCluskie  James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE  PRESIDENT OF
OF REPRESENTATIVES  THE SENATE
____________________________  ____________________________
Vanessa Reilly  Esther van Mourik
CHIEF CLERK OF THE HOUSE  SECRETARY OF
OF REPRESENTATIVES  THE SENATE
       APPROVED________________________________________
                          (Date and Time)
                   _________________________________________
                  Jared S. Polis
                  GOVERNOR OF THE STATE OF COLORADO
PAGE 48-HOUSE BILL 26-1326