Colorado 2023 Regular Session

Colorado Senate Bill SB291 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-0876.02 Jennifer Berman x3286
1	8		SENATE BILL 23-291
2		-	BY SENATOR(S) Fenberg and Cutter, Buckner, Exum, Hansen,
3		-	Jaquez Lewis, Marchman, Moreno, Priola, Winter F.;
4		-	also REPRESENTATIVE(S) deGruy Kennedy and Martinez, Amabile,
5		-	Bacon, Bird, Boesenecker, Brown, Dickson, Duran, Froelich, Garcia,
6		-	Gonzales-Gutierrez, Jodeh, Joseph, Kipp, Lieder, Lindsay, Lindstedt,
7		-	Mabrey, McCormick, Parenti, Ricks, Sirota, Snyder, Story, Titone, Valdez,
8		-	Velasco, Vigil, Willford, McCluskie.
	9	+	Senate Committees House Committees
	10	+	Finance Finance
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
9	13		C
10		-	ONCERNING THE PUBLIC UTILITIES COMMISSION 'S REGULATION OF ENERGY
11		-	UTILITIES
12		-	, AND, IN CONNECTION THEREWITH , MAKING AN
13		-	APPROPRIATION
14		-	.
	14	+	ONCERNING THE PUBLIC UTILITIES COMMISSION 'S REGULATION OF101
	15	+	ENERGY UTILITIES, AND, IN CONNECTION THEREWITH , MAKING
	16	+	102
	17	+	AN APPROPRIATION.103
	18	+	Bill Summary
	19	+	(Note: This summary applies to this bill as introduced and does
	20	+	not reflect any amendments that may be subsequently adopted. If this bill
	21	+	passes third reading in the house of introduction, a bill summary that
	22	+	applies to the reengrossed version of this bill will be available at
	23	+	http://leg.colorado.gov
	24	+	.)
	25	+	Section 1 of the bill requires the public utilities commission
	26	+	(commission), if relying on a discount rate when calculating the net
	27	+	present value of future fuel costs as part of a utility's electric resource
	28	+	plan, to apply a discount rate that does not exceed the long-term rate of
	29	+	inflation.
	30	+	HOUSE
	31	+	3rd Reading Unamended
	32	+	May 6, 2023
	33	+	HOUSE
	34	+	Amended 2nd Reading
	35	+	May 5, 2023
	36	+	SENATE
	37	+	3rd Reading Unamended
	38	+	April 26, 2023
	39	+	SENATE
	40	+	Amended 2nd Reading
	41	+	April 25, 2023
	42	+	SENATE SPONSORSHIP
	43	+	Fenberg and Cutter, Buckner, Exum, Hansen, Jaquez Lewis, Marchman, Moreno, Priola,
	44	+	Winter F.
	45	+	HOUSE SPONSORSHIP
	46	+	deGruy Kennedy and Martinez, Amabile, Bacon, Bird, Boesenecker, Brown, Dickson,
	47	+	Duran, Froelich, Garcia, Gonzales-Gutierrez, Jodeh, Joseph, Kipp, Lieder, Lindsay, Lindstedt,
	48	+	Mabrey, McCluskie, McCormick, Parenti, Ricks, Sirota, Snyder, Story, Titone, Valdez,
	49	+	Velasco, Vigil, Willford
	50	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	51	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	52	+	Dashes through the words or numbers indicate deletions from existing law. Section 2 requires the commission to establish mechanisms,
	53	+	guidelines, or rules to limit the amount of rate case expenses that an
	54	+	investor-owned electric or gas utility may recover from the utility's
	55	+	customers.
	56	+	Section 3 prohibits an investor-owned electric or gas utility from
	57	+	recovering various costs from its customers, including:
	58	+	! More than 50% of annual total compensation or of expense
	59	+	reimbursement for a utility's board of directors;
	60	+	! Tax penalties or fines issued against the utility;
	61	+	! Certain advertising and public relations expenses;
	62	+	! Lobbying and other expenses intended to influence the
	63	+	outcome of local, state, or federal legislation or ballot
	64	+	measures;
	65	+	! Certain organizational and membership dues;
	66	+	! Travel, lodging, food, or beverage expenses for the utility's
	67	+	board of directors and officers; and
	68	+	! Gift or entertainment expenses.
	69	+	If an investor-owned utility recovers prohibited costs, the
	70	+	commission is required to assess a nonrecoverable penalty against the
	71	+	utility in an amount that is not less than the total amount improperly
	72	+	recovered and order the utility to refund the amount improperly recovered
	73	+	to its customers, plus interest.
	74	+	Section 4 requires that, on or before November 1, 2023, an
	75	+	investor-owned gas utility file with the commission for the commission's
	76	+	approval, amendment, or denial a gas price risk management plan that
	77	+	includes proposals for addressing the volatility of fuel costs recovered
	78	+	from the utility's ratepayers.
	79	+	Section 4 requires the commission to adopt rules, on or before
	80	+	January 1, 2025, to:
	81	+	! Help protect investor-owned gas utility customers from the
	82	+	volatility of gas prices by establishing a mechanism that
	83	+	aligns an investor-owned utility's financial incentives with
	84	+	the financial interests of its customers; and
	85	+	! Establish a mechanism to create a financial incentive for an
	86	+	investor-owned utility to improve its electricity production
	87	+	cost efficiency while minimizing its fuel costs.
	88	+	As part of its rules, the commission may also consider requiring
	89	+	each investor-owned electric utility to bear a percentage of its total fuel
	90	+	costs in order to incentivize the utility to find efficiencies and reduce fuel
	91	+	waste.
	92	+	Section 4 also requires the commission to open a proceeding to
	93	+	investigate the extent to which residential and other development in
	94	+	certain geographic areas drive natural gas infrastructure costs for any
	95	+	natural gas utility that serves more than 500,000 customers in the state.
	96	+	Section 5 requires:
	97	+	291
	98	+	-2- ! On or before December 31, 2023, each regulated gas utility
	99	+	to remove from the utility's rate tariffs any incentives
	100	+	offered to an applicant applying for natural gas service to
	101	+	establish gas service to a property;
	102	+	! The Colorado energy office to contract with an independent
	103	+	third party, on or before July 1, 2024, to evaluate the risk
	104	+	that stranded or underutilized natural gas infrastructure
	105	+	investments pose and the annual projected rate impact that
	106	+	such stranded assets have on ratepayers;
	107	+	! The commission to determine whether any changes to rules
	108	+	or depreciation schedules are warranted based on its review
	109	+	of the evaluation contracted by the Colorado energy office;
	110	+	! An investor-owned gas utility to provide the commission
	111	+	information, including a map, about the utility's gas
	112	+	distribution system pipes;
	113	+	! An investor-owned gas utility to refrain from penalizing or
	114	+	charging a fee to a customer that voluntarily terminates gas
	115	+	service. The commission may adopt rules to establish
	116	+	standards for a customer's voluntary disconnection from an
	117	+	investor-owned gas utility's gas distribution system.
	118	+	! On or before July 1, 2024, the commission to examine
	119	+	existing investor-owned electric utility tariffs, policies, and
	120	+	practices to determine if the tariffs, policies, and practices
	121	+	pose a barrier to the beneficial electrification of buildings
	122	+	with respect to charges imposed for the cost of transformer
	123	+	or service upgrades.
	124	+	Section 6 authorizes the commission to allow a wholesale
	125	+	customer of an investor-owned utility to intervene in a proceeding
	126	+	regarding the commission's consideration of the investor-owned utility's
	127	+	application for cost recovery from customers.
	128	+	Be it enacted by the General Assembly of the State of Colorado:1
	129	+	SECTION 1. In Colorado Revised Statutes, add 40-2-138 as2
	130	+	follows:3
	131	+	40-2-138. Investor-owned utility electric resource planning -4
	132	+	maximum discount rate authorized. I
	133	+	F THE COMMISSION RELIES ON THE5
	134	+	USE OF A DISCOUNT RATE WHEN CALCULATING NET PRESENT VALUE OF6
	135	+	FUTURE CARBON-BASED
	136	+	FUEL COSTS IN AN ELECTRIC RESOURCE PLAN, THE7
	137	+	DISCOUNT RATE MUST NOT EXCEED THE LONG -TERM RATE OF INFLATION,8
	138	+	291-3- AS DETERMINED BY THE COMMISSION . IN DETERMINING THE LONG-TERM1
	139	+	RATE OF INFLATION, THE COMMISSION SHALL DETERMINE AN APPROPRIATE2
	140	+	RATE OF INFLATION SPECIFICALLY FOR FUEL COSTS .3
	141	+	SECTION 2. In Colorado Revised Statutes, add 40-3-102.5 as4
	142	+	follows:5
	143	+	40-3-102.5. Limiting rate case expenses for investor-owned6
	144	+	utilities - information included in rate case filings - gas cost or electric7
	145	+	commodity adjustment filings - rules - definitions. (1) Limiting8
	146	+	recovery of rate case expenses. (a) T
	147	+	HE COMMISSION SHALL ESTABLISH9
15	148
16		-	Be it enacted by the General Assembly of the State of Colorado:
17		-	SECTION 1. In Colorado Revised Statutes, add 40-2-139 as
18		-	follows:
19		-	40-2-139. Investor-owned utility electric resource planning -
20		-	maximum discount rate authorized. I
21		-	F THE COMMISSION RELIES ON THE
22		-	USE OF A DISCOUNT RATE WHEN CALCULATING NET PRESENT VALUE OF
23		-	FUTURE CARBON
24		-	-BASED FUEL COSTS IN AN ELECTRIC RESOURCE PLAN , THE
25		-	DISCOUNT RATE MUST NOT EXCEED THE LONG
26		-	-TERM RATE OF INFLATION, AS
27		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
28		-	officers and the Governor. To determine whether the Governor has signed the bill
29		-	or taken other action on it, please consult the legislative status sheet, the legislative
30		-	history, or the Session Laws.
31		-	________
32		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
33		-	through words or numbers indicate deletions from existing law and such material is not part of
34		-	the act. DETERMINED BY THE COMMISSION . IN DETERMINING THE LONG-TERM RATE
35		-	OF INFLATION
36		-	, THE COMMISSION SHALL DETERMINE AN APPROPRIATE RATE
37		-	OF INFLATION SPECIFICALLY FOR FUEL COSTS
38		-	.
39		-	SECTION 2. In Colorado Revised Statutes, add 40-3-102.5 as
40		-	follows:
41		-	40-3-102.5. Limiting rate case expenses for investor-owned
42		-	utilities - information included in rate case filings - gas cost or electric
43		-	commodity adjustment filings - rules - definitions. (1) Limiting
44		-	recovery of rate case expenses. (a) T
45		-	HE COMMISSION SHALL ESTABLISH
46		-	RULES TO LIMIT THE AMOUNT OF RATE CASE EXPENSES THAT A UTILITY MAY
47		-	RECOVER FROM RATEPAYERS
48		-	. IN ESTABLISHING THE RULES, THE COMMISSION
49		-	MAY CONSIDER
50		-	:
	149	+	RULES TO LIMIT THE AMOUNT OF RATE CASE EXPENSES THAT A UTILITY10
	150	+	MAY RECOVER FROM RATEPAYERS . IN ESTABLISHING THE RULES, THE11
	151	+	COMMISSION MAY CONSIDER :12
51	152		(I) I
52		-	MPLEMENTING A SYMMETRICAL INCENTIVE TO MOTIVATE THE
53		-	UTILITY TO LIMIT EXPENSES
54		-	;
	153	+	MPLEMENTING A SYMMETRICAL INCENTIVE TO MOTIVATE THE13
	154	+	UTILITY TO LIMIT EXPENSES;14
55	155		(II) L
56		-	IMITING THE AMOUNT OF EXPENSES FOR OUTSIDE EXPERTS ,
57		-	CONSULTANTS, AND LEGAL RESOURCES THAT ARE RECOVERABLE ;
	156	+	IMITING THE AMOUNT OF EXPENSES FOR OUTSIDE EXPERTS ,15
	157	+	CONSULTANTS, AND LEGAL RESOURCES THAT ARE RECOVERABLE ;16
58	158		(III) S
59		-	ETTING AN OVERALL PERCENTAGE OF THE UTILITY 'S ~~EXPENSES~~
60		-	~~IN A RATE CASE THAT ARE NOT RECOVERABLE~~
61		-	;
	159	+	ETTING AN OVERALL PERCENTAGE OF THE UTILITY 'S
	160	+	17
	161	+	EXPENSES IN A RATE CASE THAT ARE NOT RECOVERABLE ;18
62	162		(IV) E
63	163		STABLISHING DISCOVERY PARAMETERS AND WHAT
64		-	INFORMATION IN A COMMISSION PROCEEDING MUST BE DISCLOSED TO
65		-	INTERVENERS OR TO THE COMMISSION TO REDUCE TIME AND COSTS
66		-	ASSOCIATED WITH A LENGTHY DISCOVERY PROCESS
67		-	, WHICH INFORMATION
68		-	MAY INCLUDE
69		-	:
	164	+	19
	165	+	INFORMATION IN A COMMISSION PROCEEDING MUST BE DISCLOSED TO20
	166	+	INTERVENERS OR TO THE COMMISSION TO REDUCE TIME AND COSTS21
	167	+	ASSOCIATED WITH A LENGTHY DISCOVERY PROCESS , WHICH INFORMATION22
	168	+	MAY INCLUDE:23
70	169		(A) A
71		-	SOURCE MODEL SHOWING ALL RATE ADJUSTMENTS ;
	170	+	SOURCE MODEL SHOWING ALL RATE ADJUSTMENTS ;24
72	171		(B) E
73		-	XECUTABLE SPREADSHEETS , ALSO REFERRED TO AS
74		-	WORKPAPERS
75		-	, WITH LINKS AND FORMULAS INTACT ;
	172	+	XECUTABLE SPREADSHEETS , ALSO REFERRED TO AS25
	173	+	WORKPAPERS, WITH LINKS AND FORMULAS INTACT ;26
76	174		(C) A
77		-	TEST YEAR BASED ON A RECENTLY COMPLETED
78		-	TWELVE
79		-	-MONTH PERIOD AND FOR WHICH ACTUAL COSTS AND INVESTMENTS
80		-	ARE ANALYZED
81		-	; AND
82		-	(D) ANY OTHER INFORMATION OR DOCUMENTATION , AS DETERMINED
83		-	PAGE 2-SENATE BILL 23-291 BY THE COMMISSION; OR
84		-	(V) REQUIRING A TECHNICAL CONFERENCE WITH INTERVENING
85		-	PARTIES TO ADDRESS INTERVENING PARTIES
86		-	' QUESTIONS AND TO PROVIDE
87		-	THE ABILITY FOR INTERVENERS TO ANALYZE THE UTILITY
88		-	'S ASSUMPTIONS
89		-	AND CALCULATIONS SUPPORTING A RATE CASE FILING
90		-	.
	175	+	TEST YEAR BASED ON A RECENTLY COMPLETED27
	176	+	291
	177	+	-4- TWELVE-MONTH PERIOD AND FOR WHICH ACTUAL COSTS AND1
	178	+	INVESTMENTS ARE ANALYZED ; AND2
	179	+	(D) A
	180	+	NY OTHER INFORMATION OR DOCUMENTATION , AS3
	181	+	DETERMINED BY THE COMMISSION ; OR4
	182	+	(V)
	183	+	REQUIRING A TECHNICAL CONFERENCE WITH INTERVENING5
	184	+	PARTIES TO ADDRESS INTERVENING PARTIES ' QUESTIONS AND TO PROVIDE6
	185	+	THE ABILITY FOR INTERVENERS TO ANALYZE THE UTILITY 'S ASSUMPTIONS7
	186	+	AND CALCULATIONS SUPPORTING A RATE CASE FILING .8
91	187		(b) B
92	188		EFORE THE COMMISSION MAY DETERMINE THAT AN
93		-	INVESTOR
94		-	-OWNED UTILITY'S APPLICATION TO MODIFY BASE RATES IS
95		-	COMPLETE
96		-	, THE COMMISSION SHALL CERTIFY THAT , FOR COMPARISON OF
97		-	TEST YEARS AND OTHER PURPOSES
98		-	, THE FILING INCLUDES SUFFICIENT
99		-	INFORMATION
100		-	, INCLUDING A COMPREHENSIVE COST AND REVENUE
101		-	REQUIREMENT ANALYSIS BASED ON ACTUAL
102		-	, AUDITABLE, HISTORICAL DATA,
103		-	WHICH ANALYSIS MUST BE ACCOMPANIED BY APPROPRIATE WORKPAPERS
104		-	AND OTHER SUPPORTING MATERIALS
105		-	.
	189	+	9
	190	+	INVESTOR-OWNED UTILITY'S APPLICATION TO MODIFY BASE RATES IS10
	191	+	COMPLETE, THE COMMISSION SHALL CERTIFY THAT , FOR COMPARISON OF11
	192	+	TEST YEARS AND OTHER PURPOSES , THE FILING INCLUDES SUFFICIENT12
	193	+	INFORMATION, INCLUDING A COMPREHENSIVE COST AND REVENUE13
	194	+	REQUIREMENT ANALYSIS BASED ON ACTUAL , AUDITABLE, HISTORICAL14
	195	+	DATA, WHICH ANALYSIS MUST BE ACCOMPANIED BY APPROPRIATE15
	196	+	WORKPAPERS AND OTHER SUPPORTING MATERIALS .16
106	197		(c) N
107		-	OTHING IN THIS SECTION PROHIBITS A UTILITY FROM INCLUDING
108		-	MULTIPLE TEST YEARS FOR ANALYSIS OR CONSIDERATION IN A RATE CASE
109		-	FILING
110		-	, INCLUDING INCLUSION OF A FUTURE TEST YEAR .
111		-	(d) A
112		-	S USED IN THIS SUBSECTION (1):
	198	+	OTHING IN THIS SECTION PROHIBITS A UTILITY FROM
	199	+	17
	200	+	INCLUDING MULTIPLE TEST YEARS FOR ANALYSIS OR CONSIDERATION IN A18
	201	+	RATE CASE FILING, INCLUDING INCLUSION OF A FUTURE TEST YEAR .19
	202	+	(d) AS USED IN THIS SUBSECTION (1):20
113	203		(I) "B
114	204		ASE RATE" MEANS CHARGES USED TO RECOVER COSTS OF
115		-	UTILITY INFRASTRUCTURE AND OPERATIONS
116		-	, INCLUDING A RETURN ON
117		-	CAPITAL INVESTMENT
118		-	, NOT OTHERWISE RECOVERED THROUGH A UTILITY
119		-	RATE RIDER OR RATE ADJUSTMENT MECHANISM
120		-	.
121		-	(II) "T
122		-	EST YEAR" MEANS A TWELVE -MONTH PERIOD THAT IS
123		-	EXAMINED TO DETERMINE A UTILITY
124		-	'S COSTS OF SERVICE IN A RATE CASE.
125		-	(III) "U
126		-	TILITY" MEANS AN INVESTOR-OWNED ELECTRIC OR GAS
127		-	UTILITY
128		-	.
129		-	(2) Requirements for filings to increase a rate, charge, fee, fare,
130		-	toll, rental, or classification. (a) A
131		-	T THE TIME OF FILING A REQUEST TO
132		-	INCREASE ANY RATE
133		-	, CHARGE, FEE, FARE, TOLL, RENTAL, OR
134		-	CLASSIFICATION
135		-	, THE UTILITY SHALL PROVIDE THE COMMISSION A RATE
136		-	TREND REPORT FOR THE PREVIOUS TEN YEARS REGARDING ANY HISTORICAL
137		-	INCREASES OR DECREASES OF THE RATE
138		-	, CHARGE, FEE, FARE, TOLL, RENTAL,
139		-	OR CLASSIFICATION, INCLUDING:
140		-	PAGE 3-SENATE BILL 23-291 (I) THE AMOUNT OF EACH APPROVED INCREASE OR DECREASE ;
	205	+	21
	206	+	UTILITY INFRASTRUCTURE AND OPERATIONS , INCLUDING A RETURN ON22
	207	+	CAPITAL INVESTMENT, NOT OTHERWISE RECOVERED THROUGH A UTILITY23
	208	+	RATE RIDER OR RATE ADJUSTMENT MECHANISM .24
	209	+	(II) "TEST YEAR" MEANS A TWELVE-MONTH PERIOD THAT IS25
	210	+	EXAMINED TO DETERMINE A UTILITY'S COSTS OF SERVICE IN A RATE CASE.26
	211	+	(III) "UTILITY" MEANS AN INVESTOR-OWNED ELECTRIC OR GAS27
	212	+	291
	213	+	-5- UTILITY.1
	214	+	(2) Requirements for filings to increase a rate, charge, fee,2
	215	+	fare, toll, rental, or classification. (a) A
	216	+	T THE TIME OF FILING A REQUEST3
	217	+	TO INCREASE ANY RATE , CHARGE, FEE, FARE, TOLL, RENTAL, OR4
	218	+	CLASSIFICATION, THE UTILITY SHALL PROVIDE THE COMMISSION A RATE5
	219	+	TREND REPORT FOR THE PREVIOUS TEN YEARS REGARDING ANY6
	220	+	HISTORICAL INCREASES OR DECREASES OF THE RATE , CHARGE, FEE, FARE,7
	221	+	TOLL, RENTAL, OR CLASSIFICATION, INCLUDING:8
	222	+	(I) T
	223	+	HE AMOUNT OF EACH APPROVED INCREASE OR DECREASE ;9
141	224		(II) T
142		-	HE INCREMENTAL INCREASE OR DECREASE FROM THE MOST
143		-	RECENT APPROVED CHANGE
144		-	;
	225	+	HE INCREMENTAL INCREASE OR DECREASE FROM THE MOST10
	226	+	RECENT APPROVED CHANGE ;11
145	227		(III) T
146		-	HE DATES THAT EACH APPROVED INCREASE OR DECREASE
147		-	WENT INTO EFFECT
148		-	;
	228	+	HE DATES THAT EACH APPROVED INCREASE OR DECREASE12
	229	+	WENT INTO EFFECT;13
149	230		(IV) T
150		-	HE PROCEEDING NUMBER RELATED TO EACH APPROVED
151		-	INCREASE OR DECREASE
152		-	;
	231	+	HE PROCEEDING NUMBER RELATED TO EACH APPROVED14
	232	+	INCREASE OR DECREASE;15
153	233		(V) A
154		-	CHART, GRAPH, OR OTHER VISUALIZATION DEMONSTRATING
155		-	THE TEN
156		-	-YEAR HISTORICAL TREND REGARDING EACH RATE , CHARGE, FEE,
157		-	FARE, TOLL, RENTAL, OR CLASSIFICATION, INCLUDING ALL UTILITY BILL LINE
158		-	ITEMS SUCH AS RATES AND RATE RIDERS
159		-	; AND
160		-	(VI) FOR EACH OF THE TEN YEARS, THE ANNUAL TOTAL AMOUNT OF
161		-	THE RATE
162		-	, CHARGE, FEE, FARE, TOLL, RENTAL, OR CLASSIFICATION.
	234	+	CHART, GRAPH, OR OTHER VISUALIZATION DEMONSTRATING16
	235	+	THE TEN-YEAR HISTORICAL TREND REGARDING EACH RATE , CHARGE, FEE,17
	236	+	FARE, TOLL, RENTAL, OR CLASSIFICATION, INCLUDING ALL UTILITY BILL18
	237	+	LINE ITEMS SUCH AS RATES AND RATE RIDERS; AND19
	238	+	(VI) F
	239	+	OR EACH OF THE TEN YEARS, THE ANNUAL TOTAL AMOUNT20
	240	+	OF THE RATE, CHARGE, FEE, FARE, TOLL, RENTAL, OR CLASSIFICATION.21
163	241		(b) E
164		-	ACH UTILITY SHALL POST AND KEEP CURRENT ON ITS WEBSITE
165		-	THE RATE TREND REPORT DATA
166		-	, INCLUDING THE CHART, GRAPH, OR OTHER
167		-	VISUALIZATION DEMONSTRATING THE TEN
168		-	-YEAR HISTORICAL TREND
169		-	SUBMITTED AS PART OF THE RATE TREND REPORT
170		-	. ANY VISUALIZATION MUST
171		-	INCLUDE ALL UTILITY BILL LINE ITEMS
172		-	, INCLUDING ALL RATES AND RATE
173		-	RIDERS
174		-	.
175		-	(3) Gas cost or electric commodity adjustment filing
	242	+	ACH UTILITY SHALL POST AND KEEP CURRENT ON ITS WEBSITE22
	243	+	THE RATE TREND REPORT DATA, INCLUDING THE CHART, GRAPH, OR OTHER23
	244	+	VISUALIZATION DEMONSTRATING THE TEN -YEAR HISTORICAL TREND24
	245	+	SUBMITTED AS PART OF THE RATE TREND REPORT . ANY VISUALIZATION25
	246	+	MUST INCLUDE ALL UTILITY BILL LINE ITEMS, INCLUDING ALL RATES AND26
	247	+	RATE RIDERS.27
	248	+	291
	249	+	-6- (3) Gas cost or electric commodity adjustment filing1
176	250		requirements. A
177		-	UTILITY THAT FILES A GAS COST ADJUSTMENT FILING OR AN
178		-	ELECTRIC COMMODITY ADJUSTMENT FILING SHALL PROVIDE COPIES OF ALL
179		-	CONFIDENTIAL MATERIALS AND ALL EXECUTABLE MATERIALS RELATED TO
180		-	THE FILING TO THE COMMISSION
181		-	'S STAFF AND THE OFFICE OF THE UTILITY
182		-	CONSUMER ADVOCATE CREATED IN SECTION
183		-	40-6.5-102 (1).
184		-	SECTION 3. In Colorado Revised Statutes, amend 40-3-114 as
185		-	follows:
186		-	40-3-114. Cost recovery - prohibitions - reporting - penalties -
187		-	definitions. (1) The commission shall ensure that regulated electric and gas
188		-	utilities do not use ratepayer funds to subsidize nonregulated activities.
189		-	PAGE 4-SENATE BILL 23-291 (2) A UTILITY SHALL NOT RECOVER THE FOLLOWING COSTS FROM ITS
190		-	CUSTOMERS
191		-	, WHETHER AS PART OF PROPOSED BASE RATE COSTS , A RIDER, OR
192		-	OTHER CHARGES
193		-	:
	251	+	UTILITY THAT FILES A GAS COST ADJUSTMENT FILING OR2
	252	+	AN ELECTRIC COMMODITY ADJUSTMENT FILING SHALL PROVIDE COPIES OF3
	253	+	ALL CONFIDENTIAL MATERIALS AND ALL EXECUTABLE MATERIALS4
	254	+	RELATED TO THE FILING TO THE COMMISSION 'S STAFF AND THE OFFICE OF5
	255	+	THE UTILITY CONSUMER ADVOCATE CREATED IN SECTION 40-6.5-102 (1).6
	256	+	SECTION 3. In Colorado Revised Statutes, amend 40-3-114 as7
	257	+	follows:8
	258	+	40-3-114. Cost recovery - prohibitions - reporting -
	259	+	penalties9
	260	+	- definitions. (1) The commission shall ensure that regulated electric and10
	261	+	gas utilities do not use ratepayer funds to subsidize nonregulated11
	262	+	activities.12
	263	+	(2) A
	264	+	UTILITY SHALL NOT RECOVER THE FOLLOWING COSTS FROM13
	265	+	ITS CUSTOMERS, WHETHER AS PART OF PROPOSED BASE RATE COSTS , A14
	266	+	RIDER, OR OTHER CHARGES:15
194	267		(a) M
195		-	ORE THAN FIFTY PERCENT OF ANNUAL TOTAL COMPENSATION
196		-	OR OF EXPENSE REIMBURSEMENT FOR MEMBERS OF THE BOARD OF
197		-	DIRECTORS OF THE UTILITY
198		-	;
	268	+	ORE THAN FIFTY PERCENT OF ANNUAL TOTAL COMPENSATION16
	269	+	OR OF EXPENSE REIMBURSEMENT FOR MEMBERS OF THE BOARD OF17
	270	+	DIRECTORS OF THE UTILITY;18
199	271		(b) T
200		-	AX PENALTIES OR FINES ISSUED AGAINST THE UTILITY;
	272	+	AX PENALTIES OR FINES ISSUED AGAINST THE UTILITY;19
201	273		(c) I
202		-	NVESTOR-RELATION EXPENSES;
	274	+	NVESTOR-RELATION EXPENSES;20
203	275		(d) A
204		-	DVERTISING AND PUBLIC RELATIONS EXPENSES THAT DO NOT
205		-	DIRECTLY RELATE TO A PURPOSE OR PROGRAM THAT IS REQUIRED OR
206		-	AUTHORIZED UNDER STATUTE OR COMMISSION RULE OR ORDER
207		-	.
	276	+	DVERTISING AND PUBLIC RELATIONS EXPENSES THAT DO NOT21
	277	+	DIRECTLY RELATE TO A PURPOSE OR PROGRAM THAT IS REQUIRED OR22
	278	+	AUTHORIZED UNDER STATUTE OR COMMISSION RULE OR ORDER .23
208	279		A
209		-	DVERTISING AND PUBLIC RELATIONS EXPENSES FOR WHICH COST RECOVERY
210		-	IS PROHIBITED INCLUDE
211		-	:
	280	+	DVERTISING AND PUBLIC RELATIONS EXPENSES FOR WHICH COST24
	281	+	RECOVERY IS PROHIBITED INCLUDE:25
212	282		(I) C
213		-	OMMUNICATIONS TO PROMOTE OR IMPROVE THE UTILITY 'S
214		-	BRAND
215		-	;
216		-	(II) E
217		-	XPENSES FOR THE PURPOSE OF INFLUENCING PUBLIC OPINION
218		-	ABOUT THE UTILITY
219		-	; AND
220		-	(III) EXPENSES INTENDED TO CREATE GOOD WILL TOWARD THE
221		-	UTILITY FROM THE GENERAL PUBLIC
222		-	.
	283	+	OMMUNICATIONS TO PROMOTE OR IMPROVE THE UTILITY 'S26
	284	+	BRAND;27
	285	+	291
	286	+	-7- (II) EXPENSES FOR THE PURPOSE OF INFLUENCING PUBLIC OPINION1
	287	+	ABOUT THE UTILITY; AND2
	288	+	(III) E
	289	+	XPENSES INTENDED TO CREATE GOOD WILL TOWARD THE3
	290	+	UTILITY FROM THE GENERAL PUBLIC.4
223	291		(e) E
224		-	XPENSES FOR LOBBYING OR OTHER ACTIVITIES MEANT TO
225		-	INFLUENCE THE OUTCOME OF ANY LOCAL
226		-	, STATE, OR FEDERAL LEGISLATION,
227		-	ORDINANCE, RESOLUTION, OR BALLOT MEASURE;
	292	+	XPENSES FOR LOBBYING OR OTHER ACTIVITIES MEANT TO5
	293	+	INFLUENCE THE OUTCOME OF ANY LOCAL , STATE, OR FEDERAL6
	294	+	LEGISLATION, ORDINANCE, RESOLUTION, OR BALLOT MEASURE;7
228	295		(f) C
229		-	HARITABLE GIVING EXPENSES, INCLUDING CONTRIBUTIONS TO
230		-	ORGANIZATIONS QUALIFIED UNDER SECTION
231		-	501 (c)(3) OR 501 (c)(4) OF THE
232		-	FEDERAL
233		-	"INTERNAL REVENUE CODE OF 1986", 26 U.S.C. SEC. 501, AS
234		-	AMENDED
235		-	;
	296	+	HARITABLE GIVING EXPENSES, INCLUDING CONTRIBUTIONS TO8
	297	+	ORGANIZATIONS QUALIFIED UNDER SECTION 501 (c)(3) OR 501 (c)(4) OF9
	298	+	THE FEDERAL "INTERNAL REVENUE CODE OF 1986", 26 U.S.C. SEC. 501,10
	299	+	AS AMENDED;11
236	300		(g) O
237		-	RGANIZATIONAL OR MEMBERSHIP DUES , OR OTHER
238		-	CONTRIBUTIONS
239		-	, TO ANY ORGANIZATION , ASSOCIATION, INSTITUTION,
240		-	CORPORATION, OR OTHER ENTITY THAT ENGAGES IN LOBBYING OR OTHER
241		-	SIMILAR ACTIVITIES INTENDED TO INFLUENCE THE OUTCOME OF ANY LOCAL
242		-	,
243		-	PAGE 5-SENATE BILL 23-291 STATE, OR FEDERAL LEGISLATION, ORDINANCE, RESOLUTION, RULE, BALLOT
244		-	MEASURE
245		-	, OR OTHER REGULATORY DECISION ;
	301	+	RGANIZATIONAL OR MEMBERSHIP DUES , OR OTHER12
	302	+	CONTRIBUTIONS, TO ANY ORGANIZATION , ASSOCIATION, INSTITUTION,13
	303	+	CORPORATION, OR OTHER ENTITY THAT ENGAGES IN LOBBYING OR OTHER14
	304	+	SIMILAR ACTIVITIES INTENDED TO INFLUENCE THE OUTCOME OF ANY15
	305	+	LOCAL, STATE, OR FEDERAL LEGISLATION, ORDINANCE, RESOLUTION, RULE,16
	306	+	BALLOT MEASURE, OR OTHER REGULATORY DECISION ;17
246	307		(h) C
247		-	ONTRIBUTIONS TO POLITICAL CANDIDATES , CAMPAIGN
248		-	COMMITTEES
249		-	, ISSUE COMMITTEES , OR INDEPENDENT EXPENDITURE
250		-	COMMITTEES OR SIMILAR POLITICAL EXPENSES
251		-	;
	308	+	ONTRIBUTIONS TO POLITICAL CANDIDATES , CAMPAIGN18
	309	+	COMMITTEES, ISSUE COMMITTEES, OR INDEPENDENT EXPENDITURE19
	310	+	COMMITTEES OR SIMILAR POLITICAL EXPENSES ;20
252	311		(i) T
253		-	RAVEL, LODGING, FOOD, AND BEVERAGE EXPENSES FOR THE
254		-	UTILITY
255		-	'S BOARD OF DIRECTORS AND OFFICERS;
	312	+	RAVEL, LODGING, FOOD, AND BEVERAGE EXPENSES FOR THE21
	313	+	UTILITY'S BOARD OF DIRECTORS AND OFFICERS;22
256	314		(j) E
257		-	NTERTAINMENT OR GIFT EXPENSES ;
	315	+	NTERTAINMENT OR GIFT EXPENSES ;23
258	316		(k) E
259		-	XPENSES RELATED TO ANY OWNED , LEASED, OR ~~CHARTERED~~
260		-	AIRCRAFT FOR THE UTILITY
261		-	~~'S BOARD OF DIRECTORS AND OFFICERS; OR~~
262		-	~~(l) EXPENSES~~ RELATED TO MARKETING AND ADMINISTRATION OR
263		-	CUSTOMER SERVICE FOR UNREGULATED PRODUCTS OR SERVICES ~~PROVIDED~~
264		-	~~OR SOLD BY THE UTILITY OR THE UTILITY~~
265		-	'S AFFILIATES.
	317	+	XPENSES RELATED TO ANY OWNED , LEASED, OR CHARTERED24
	318	+	AIRCRAFT FOR THE UTILITY'S BOARD OF DIRECTORS AND OFFICERS; OR25
	319	+	(l) E
	320	+	XPENSES RELATED TO MARKETING AND ADMINISTRATION OR26
	321	+	CUSTOMER SERVICE FOR UNREGULATED PRODUCTS OR SERVICES PROVIDED27
	322	+	291
	323	+	-8- OR SOLD BY THE UTILITY OR THE UTILITY'S AFFILIATES.1
266	324		(3) S
267		-	UBSECTIONS (2)(g) AND (2)(h) OF THIS SECTION SHALL NOT BE
268		-	CONSTRUED TO APPLY TO A UTILITY EMPLOYEE
269		-	'S OR CONTRACT WORKER'S
270		-	ACTIVITIES RESULTING FROM ANY VOLUNTARY DUES DEDUCTIONS THAT ARE
271		-	PROCESSED THROUGH STANDAR D PAYROLL PROCESSES
272		-	.
273		-	(4) (a) N
274		-	OTWITHSTANDING PENALTIES SET FORTH IN ARTICLE 7 OF
275		-	THIS TITLE
276		-	40, IF THE COMMISSION DETERMINES THAT A UTILITY IMPROPERLY
277		-	RECOVERED COSTS PURSUANT TO SUBSECTION
278		-	(2) OF THIS SECTION, THE
279		-	COMMISSION MAY ASSESS A NONRECOVERABLE PENALTY AGAINST THE
280		-	UTILITY
281		-	.
	325	+	UBSECTIONS (2)(g) AND (2)(h) OF THIS SECTION SHALL NOT
	326	+	2
	327	+	BE CONSTRUED TO APPLY TO A UTILITY EMPLOYEE 'S OR CONTRACT3
	328	+	WORKER'S ACTIVITIES RESULTING FROM ANY VOLUNTARY DUES4
	329	+	DEDUCTIONS THAT ARE PROCESSED THROUGH STA NDARD PAYROLL5
	330	+	PROCESSES.6
	331	+	(4) (a) NOTWITHSTANDING PENALTIES SET FORTH IN ARTICLE 7 OF7
	332	+	THIS TITLE 40, IF THE COMMISSION DETERMINES THAT A UTILITY8
	333	+	IMPROPERLY RECOVERED COSTS PURSUANT TO SUBSECTION (2) OF THIS9
	334	+	SECTION, THE COMMISSION MAY ASSESS A NONRECOVERABLE PENALTY10
	335	+	AGAINST THE UTILITY.11
282	336		(b) I
283		-	N ADDITION TO ASSESSING A NONRECOVERABLE PENALTY
284		-	AGAINST A UTILITY PURSUANT TO SUBSECTION
285		-	(3)(a) OF THIS SECTION, THE
286		-	COMMISSION SHALL ORDER THE UTILITY TO REFUND THE AMOUNT
287		-	IMPROPERLY RECOVERED PURSUANT TO SUBSECTION
288		-	(2) OF THIS SECTION,
289		-	PLUS INTEREST, TO CUSTOMERS.
	337	+	N ADDITION TO ASSESSING A NONRECOVERABLE PENALTY12
	338	+	AGAINST A UTILITY PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION, THE13
	339	+	COMMISSION SHALL ORDER THE UTILITY TO REFUND THE AMOUNT14
	340	+	IMPROPERLY RECOVERED PURSUANT TO SUBSECTION (2) OF THIS SECTION,15
	341	+	PLUS INTEREST, TO CUSTOMERS.16
290	342		(5) T
291		-	HE COMMISSION SHALL REQUIRE A UTILITY TO FILE AN ANNUAL
292		-	REPORT WITH THE COMMISSION TO ENSURE THE UTILITY
293		-	'S COMPLIANCE WITH
294		-	THIS SECTION
295		-	. THE REPORT MUST INCLUDE THE PURPOSE , PAYEE, AND
296		-	AMOUNT OF ANY EXPENSES ASSOCIATED WITH THE COSTS AND ACTIVITIES
297		-	PAGE 6-SENATE BILL 23-291 THAT ARE NOT PERMITTED TO BE RECOVERED FROM CUSTOMERS PURSUANT
298		-	TO THIS SECTION
299		-	.
300		-	(6) A
301		-	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
302		-	REQUIRES
303		-	:
	343	+	HE COMMISSION SHALL REQUIRE A UTILITY TO FILE AN
	344	+	17
	345	+	ANNUAL REPORT WITH THE COMMISSION TO ENSURE THE UTILITY 'S18
	346	+	COMPLIANCE WITH THIS SECTION . THE REPORT MUST INCLUDE THE19
	347	+	PURPOSE, PAYEE, AND AMOUNT OF ANY EXPENSES ASSOCIATED WITH THE20
	348	+	COSTS AND ACTIVITIES THAT ARE NOT PERMITTED TO BE RECOVERED FROM21
	349	+	CUSTOMERS PURSUANT TO THIS SECTION .22
	350	+	(6) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE23
	351	+	REQUIRES:24
304	352		(a) (I) "A
305		-	DVERTISING" MEANS THE ACT OF PUBLISHING ,
306		-	DISSEMINATING, SOLICITING, OR CIRCULATING WRITTEN, ONLINE, VIDEO, OR
307		-	AUDIO COMMUNICATION INTENDED TO INDUCE A PERSON TO PATRONIZE A
308		-	PRODUCT
309		-	, SERVICE, BUSINESS, OR INDUSTRY; PROMOTE A BUSINESS'S BRAND;
310		-	OTHERWISE EMPHASIZE DESIRABLE QUALITIES ABOUT A PRODUCT , SERVICE,
311		-	BUSINESS, OR INDUSTRY; OR INFLUENCE PUBLIC OPINION WITH RESPECT TO
312		-	LEGISLATIVE
313		-	, ADMINISTRATIVE, OR ELECTORAL MATTERS.
	353	+	DVERTISING" MEANS THE ACT OF PUBLISHING ,25
	354	+	DISSEMINATING, SOLICITING, OR CIRCULATING WRITTEN, ONLINE, VIDEO,26
	355	+	OR AUDIO COMMUNICATION INTENDED TO I NDUCE A PERSON TO PATRONIZE27
	356	+	291
	357	+	-9- A PRODUCT, SERVICE, BUSINESS, OR INDUSTRY; PROMOTE A BUSINESS'S1
	358	+	BRAND; OTHERWISE EMPHASIZE DESIRABLE QUALITIES ABOUT A PR ODUCT ,2
	359	+	SERVICE, BUSINESS, OR INDUSTRY; OR INFLUENCE PUBLIC OPINION WITH3
	360	+	RESPECT TO LEGISLATIVE, ADMINISTRATIVE, OR ELECTORAL MATTERS.4
314	361		(II) "A
315		-	DVERTISING" DOES NOT INCLUDE:
	362	+	DVERTISING" DOES NOT INCLUDE:5
316	363		(A) A
317		-	DVERTISING REQUIRED OR AUTHORIZED BY LAW , ~~REGULATION,~~
318		-	OR ORDER;
	364	+	DVERTISING REQUIRED OR AUTHORIZED BY LAW ,6
	365	+	REGULATION, OR ORDER;7
319	366		(B) A
320		-	DVERTISING DIRECTLY RELATED TO A PURPOSE OR PROGRAM
321		-	REGARDING INCOME
322		-	-BASED SERVICE, SPECIAL RATES, PILOT PROGRAMS,
323		-	ENERGY CONSERVATION, ENERGY EFFICIENCY, BENEFICIAL ELECTRIFICATION,
324		-	RENEWABLE ENERGY , TRANSPORTATION ELECTRIFICATION , OR OTHER
325		-	CONSUMER EDUCATION INFORMATION
326		-	;
	367	+	DVERTISING DIRECTLY RELATED TO A PURPOSE OR PROGRAM8
	368	+	REGARDING INCOME-BASED SERVICE, SPECIAL RATES, PILOT PROGRAMS,9
	369	+	ENERGY CONSERVATION , ENERGY EFFICIENCY , BENEFICIAL10
	370	+	ELECTRIFICATION , RENEWABLE ENERGY , TRANSPORTATION11
	371	+	ELECTRIFICATION, OR OTHER CONSUMER EDUCATION INFORMATION ;12
327	372		(C) A
328		-	DVERTISING REGARDING SERVICE INTERRUPTIONS , SAFETY
329		-	MEASURES
330		-	, OR EMERGENCY CONDITIONS; OR
331		-	(D) ADVERTISING CONCERNING EMPLOYMENT OPPORTUNITIES WITH
332		-	THE UTILITY
333		-	.
	373	+	DVERTISING REGARDING SERVICE INTERRUPTIONS , SAFETY13
	374	+	MEASURES, OR EMERGENCY CONDITIONS; OR14
	375	+	(D) A
	376	+	DVERTISING CONCERNING EMPLOYMENT OPPORTUNITIES15
	377	+	WITH THE UTILITY.16
334	378		(b) "A
335		-	IRCRAFT" HAS THE MEANING SET FORTH IN SECTION 41-2-101
336		-	(1).
	379	+	IRCRAFT" HAS THE MEANING SET FORTH IN SECTION17
	380	+	41-2-101
	381	+	(1).18
337	382		(c) "B
338		-	ASE RATE" HAS THE MEANING SET FORTH IN ~~SECTION~~
	383	+	ASE RATE" HAS THE MEANING SET FORTH IN SECTION19
339	384		40-3-102.5 (1)(d)(I).
	385	+	20
340	386		(d) "E
341		-	LECTRIC UTILITY" MEANS AN INVESTOR-OWNED ELECTRIC
342		-	UTILITY IN THE STATE
343		-	.
344		-	PAGE 7-SENATE BILL 23-291 (e) "EXPENSES" MEANS ANY PAYMENT MADE IN THE FORM OF
345		-	COMPENSATION THAT A UTILITY PAYS TO AN EXTERNAL FIRM
346		-	, A CORPORATE
347		-	AFFILIATE
348		-	, OR AN EMPLOYEE OF THE UTILITY.
	387	+	LECTRIC UTILITY" MEANS AN INVESTOR-OWNED ELECTRIC21
	388	+	UTILITY IN THE STATE.22
	389	+	(e) "E
	390	+	XPENSES" MEANS ANY PAYMENT MADE IN THE FORM OF23
	391	+	COMPENSATION THAT A UTILITY PAYS TO AN EXTERNAL FIRM , A24
	392	+	CORPORATE AFFILIATE, OR AN EMPLOYEE OF THE UTILITY.25
349	393		(f) "G
350		-	AS UTILITY" MEANS AN INVESTOR-OWNED GAS UTILITY IN THE
351		-	STATE
352		-	.
353		-	(g) "L
354		-	OBBYING" MEANS DIRECTLY, OR THROUGH THE SOLICITATION
355		-	OF OTHERS
356		-	, COMMUNICATING WITH A PERSON THAT IS IN A POSITION TO
357		-	MAKE A POLICY DECISION IN ORDER TO INFLUENCE THE OUTCOME OF LOCAL
358		-	,
359		-	STATE, OR FEDERAL LEGISLATION.
	394	+	AS UTILITY" MEANS AN INVESTOR-OWNED GAS UTILITY IN26
	395	+	THE STATE.27
	396	+	291
	397	+	-10- (g) "LOBBYING" MEANS DIRECTLY, OR THROUGH THE SOLICITATION1
	398	+	OF OTHERS, COMMUNICATING WITH A PERSON THAT IS IN A POSITION TO2
	399	+	MAKE A POLICY DECISION IN ORDER TO INFLUENCE THE OUTCOME OF3
	400	+	LOCAL, STATE, OR FEDERAL LEGISLATION.4
360	401		(h) "R
361		-	ATE CASE" MEANS A FORMAL HEARING OF THE COMMISSION TO
362		-	DETERMINE IF THE BASE RATES OF AN ELECTRIC UTILITY OR GAS UTILITY ARE
363		-	JUST AND REASONABLE PURSUANT TO SECTION
364		-	40-3-101.
	402	+	ATE CASE" MEANS A FORMAL HEARING OF THE COMMISSION5
	403	+	TO DETERMINE IF THE BASE RATES OF AN ELECTRIC UTILITY OR GAS6
	404	+	UTILITY ARE JUST AND REASONABLE PURSUANT TO SECTION 40-3-101.7
365	405		(i) "R
366		-	IDER" MEANS A CHARGE ADDED TO A UTILITY BILL TO RECOVER
367		-	A SPECIFIC COST THAT IS NOT PART OF THE BASE RATE
368		-	.
	406	+	IDER" MEANS A CHARGE ADDED TO A UTILITY BILL TO8
	407	+	RECOVER A SPECIFIC COST THAT IS NOT PART OF THE BASE RATE .9
369	408		(j) "U
370		-	TILITY" MEANS AN INVESTOR-OWNED ELECTRIC UTILITY OR GAS
371		-	UTILITY IN THE STATE
372		-	.
373		-	SECTION 4. In Colorado Revised Statutes, add 40-3-120 and
374		-	40-3-121 as follows:
375		-	40-3-120. Fuel cost sharing - gas utilities- electric utilities - rules.
376		-	(1) (a) O
377		-	N OR BEFORE NOVEMBER 1, 2023, AN INVESTOR-OWNED GAS
378		-	UTILITY SHALL FILE WITH THE COMMISSION A GAS PRICE RISK MANAGEMENT
379		-	PLAN THAT INCLUDES PROPOSALS FOR LEVELING OR REDUCING THE
380		-	VOLATILITY OF FUEL COSTS THAT ARE RECOVERED PURSUANT TO THE
381		-	UTILITY
382		-	'S GAS COST ADJUSTMENT FILINGS . SUCH PLAN MUST INCLUDE A
383		-	MAXIMUM PER
384		-	-MONTH FUEL COST THAT ACCOUNTS FOR PRICE
385		-	FLUCTUATIONS BASED ON SEASONALITY AND CAN BE AUTOMATICALLY
386		-	RECOVERED THROUGH THE GAS COST ADJUSTMENT MECHANISM
387		-	. THE PLAN
388		-	MAY INCLUDE OTHER ELEMENTS SUCH AS PHYSICAL HEDGING
389		-	, FINANCIAL
390		-	HEDGING
391		-	, FUEL STORAGE, OR LONG-TERM CONTRACTING.
	409	+	TILITY" MEANS AN INVESTOR-OWNED ELECTRIC UTILITY OR10
	410	+	GAS UTILITY IN THE STATE.11
	411	+	SECTION 4. In Colorado Revised Statutes, add 40-3-120 and12
	412	+	40-3-121 as follows:13
	413	+	40-3-120. Fuel cost sharing - gas utilities- electric utilities -14
	414	+	rules. (1) (a) O
	415	+	N OR BEFORE NOVEMBER 1, 2023, AN INVESTOR-OWNED15
	416	+	GAS UTILITY SHALL FILE WITH THE COMMISSION A GAS PRICE RISK16
	417	+	MANAGEMENT PLAN THAT INCLUDES PROPOSALS FOR LEVELING OR17
	418	+	REDUCING THE VOLATILITY OF FUEL COSTS THAT ARE RECOVERED18
	419	+	PURSUANT TO THE UTILITY'S GAS COST ADJUSTMENT FILINGS.
	420	+	SUCH PLAN19
	421	+	MUST INCLUDE A MAXIMUM PER -MONTH FUEL COST THAT ACCOUNTS FOR20
	422	+	PRICE FLUCTUATIONS BASED ON SEASONALITY AND CAN BE21
	423	+	AUTOMATICALLY RECOVERED THROUGH THE GAS COST ADJUSTMENT22
	424	+	MECHANISM. THE PLAN MAY INCLUDE OTHER ELEMENTS SUCH AS23
	425	+	PHYSICAL HEDGING, FINANCIAL HEDGING, FUEL STORAGE, OR LONG-TERM24
	426	+	CONTRACTING.25
392	427		(b) T
393	428		HE COMMISSION SHALL ALLOW ANY PRUDENTLY INCURRED
394		-	COSTS ABOVE THE MAXIMUM MONTHLY FUEL COST INCLUDED IN AN
395		-	INVESTOR
396		-	-OWNED GAS UTILITY'S PLAN PURSUANT TO SUBSECTION (1)(a) OF
397		-	PAGE 8-SENATE BILL 23-291 THIS SECTION TO BE RECORDED IN A DEFERRED BALANCE THAT IS
398		-	RECOVERABLE AND AMORTIZED OVER AN APPROPRIATE TIMELINE OF NO
399		-	MORE THAN FIVE YEARS WITH FI NANCING COSTS
400		-	, AS DETERMINED BY THE
401		-	COMMISSION
402		-	.
	429	+	26
	430	+	COSTS ABOVE THE MAXIMUM MONTHLY FUEL COST INCLUDED IN AN27
	431	+	291
	432	+	-11- INVESTOR-OWNED GAS UTILITY'S PLAN PURSUANT TO SUBSECTION (1)(a)1
	433	+	OF THIS SECTION TO BE RECORDED IN A DEFERRED BALANCE THAT IS2
	434	+	RECOVERABLE AND AMORTIZED OVER AN APPROPRIATE TIMELINE OF NO 3
	435	+	MORE THAN FIVE YEARS WITH FINANCING COSTS , AS DETERMINED BY THE4
	436	+	COMMISSION.5
403	437		(c) T
404		-	HE COMMISSION SHALL APPROVE , AMEND, OR DENY A PLAN
405		-	SUBMITTED PURSUANT TO THIS SUBSECTION
406		-	(1) BASED ON A DETERMINATION
407		-	OF THE BEST INTERESTS OF A UTILITY
408		-	'S RATEPAYERS, INSOFAR AS THE
409		-	COMMISSION FINDS THAT THE PLAN IS IN THE PUBLIC INTEREST
410		-	.
	438	+	HE COMMISSION SHALL APPROVE , AMEND, OR DENY A PLAN6
	439	+	SUBMITTED PURSUANT TO THIS SUBSECTION (1) BASED ON A
	440	+	7
	441	+	DETERMINATION OF THE BEST INTERESTS OF A UTILITY 'S RATEPAYERS,8
	442	+	INSOFAR AS THE COMMISSION FINDS THAT THE PLAN IS IN THE PUBLIC9
	443	+	INTEREST.10
411	444		(2) (a) O
412	445		N OR BEFORE JANUARY 1, 2025, THE COMMISSION SHALL
413		-	~~ADOPT RULES TO ESTABLISH MECHANISMS TO ALIGN THE FINANCIAL~~
414		-	~~INCENTIVES OF AN INVESTOR~~
415		-	-OWNED ELECTRIC OR GAS UTILITY WITH ~~THE~~
416		-	INTERESTS OF THE UTILITY
417		-	~~'S CUSTOMERS REGARDING INCURRED FUEL~~ COSTS .
	446	+	11
	447	+	ADOPT RULES TO ESTABLISH MECHANISMS TO ALIGN THE FINANCIAL12
	448	+	INCENTIVES OF AN INVESTOR-OWNED ELECTRIC OR GAS UTILITY WITH THE13
	449	+	INTERESTS OF THE UTILITY'S CUSTOMERS REGARDING INCURRED FUEL14
	450	+	COSTS.15
418	451		(b) T
419	452		HE MECHANISMS ESTABLISHED BY RULE PURSUANT TO
420		-	SUBSECTION
421		-	(2)(a) OF THIS SECTION MUST BE DESIGNED TO PROTECT
422		-	CUSTOMERS AND TO IMPROVE THE UTILITY
423		-	'S MANAGEMENT OF FUEL COSTS.
424		-	T
425		-	HE COMMISSION SHALL TAILOR THE MECHANISMS TO APPLY TO DIFFERENT
426		-	UTILITIES BASED ON A UTILITY
427		-	'S SIZE OR ABILITY TO IMPLEMENT THE
428		-	MECHANISMS
429		-	.
	453	+	16
	454	+	SUBSECTION (2)(a) OF THIS SECTION MUST BE DESIGNED TO PROTECT17
	455	+	CUSTOMERS AND TO IMPROVE THE UTILITY 'S MANAGEMENT OF FUEL18
	456	+	COSTS. THE COMMISSION SHALL TAILOR THE MECHANISMS TO APPLY TO19
	457	+	DIFFERENT UTILITIES BASED ON A UTILITY 'S SIZE OR ABILITY TO20
	458	+	IMPLEMENT THE MECHANISMS .21
430	459		(c) T
431	460		HE COMMISSION MAY ESTABLISH A SYMMETRICAL INCENTIVE
432		-	~~FOR THE UTILITY TO SUCCESSFULLY IMPLEMENT THE MECHANISMS~~
433		-	.
	461	+	22
	462	+	FOR THE UTILITY TO SUCCESSFULLY IMPLEMENT THE MECHANISMS .23
434	463		(3) I
435	464		N ADOPTING THE RULES PURSUANT TO SUBSECTION (2)(a) OF
436		-	~~THIS SECTION~~
437		-	, THE COMMISSION:
	465	+	24
	466	+	THIS SECTION, THE COMMISSION:25
438	467		(a) S
439	468		HALL CONSIDER:
	469	+	26
440	470		(I) S
441	471		YMMETRICALLY ALLOCATING AN AMOUNT OF FUEL PRICE RISK
442		-	~~TO THE INVESTOR~~
443		-	~~-OWNED ELECTRIC OR GAS UTILITY , SUBJECT TO~~
444		-	~~REASONABLE PARAMETERS~~
445		-	, INCLUDING:
	472	+	27
	473	+	291
	474	+	-12- TO THE INVESTOR-OWNED ELECTRIC OR GAS UTILITY , SUBJECT TO1
	475	+	REASONABLE PARAMETERS , INCLUDING:2
446	476		(A) A
447	477		RANGE OF OUTCOMES WITHIN WHICH NO RISK SHARING
448		-	~~OCCURS~~
449		-	; ~~AND~~
450		-	(B) A ~~CAP ON ANY INCENTIVE OR COST SHARE THAT RESULTS FROM~~
451		-	~~THE RISK~~
452		-	~~-MITIGATION MECHANISM; AND~~
453		-	~~PAGE 9-SENATE BILL 23-291 (II) MECHANISMS TO IMPROVE ELECTRICITY PRODUCTION COST~~
454		-	~~EFFICIENCY WHILE MINIMIZING FUEL COSTS~~
455		-	~~, SUCH AS SYMMETRICALLY~~
456		-	~~ALLOCATING A PORTION OF IMPROVEMENTS OR DEGRADATIONS IN~~
457		-	~~ELECTRICITY PRODUCTION PER DOLLAR OF~~ FUEL ~~OR PER DOLLAR OF~~
458		-	~~ACQUISITION COSTS INCURRED~~
459		-	~~; AND~~
460		-	~~(b) SHALL CONSIDER, TO THE EXTENT SUCH INFORMATION IS~~
461		-	~~RELEVANT~~
462		-	:
	478	+	3
	479	+	OCCURS; AND4
	480	+	(B) A
	481	+	CAP ON ANY INCENTIVE OR COST SHARE THAT RESULTS FROM
	482	+	5
	483	+	THE RISK-MITIGATION MECHANISM; AND6
	484	+	(II) M
	485	+	ECHANISMS TO IMPROVE ELECTRICITY PRODUCTION COST
	486	+	7
	487	+	EFFICIENCY WHILE MINIMIZING FUEL COSTS , SUCH AS SYMMETRICALLY8
	488	+	ALLOCATING A PORTION OF IMPROVEMENTS OR DEGRADATIONS IN9
	489	+	ELECTRICITY PRODUCTION PER DOLLAR OF FUEL OR PER DOLLAR OF10
	490	+	ACQUISITION COSTS INCURRED; AND11
	491	+	(b) SHALL CONSIDER, TO THE EXTENT SUCH INFORMATION IS12
	492	+	RELEVANT:13
463	493		(I) T
464	494		HE FINANCIAL HEALTH OF THE UTILITY AND CORRESPONDING
465		-	~~IMPACTS ON CUSTOMER AFFORDABILITY~~
466		-	; ~~AND~~
467		-	(II) ~~THE UTILITY'S ABILITY TO MAKE INVESTMENTS TO ACHIEVE THE~~
468		-	~~STATE~~
469		-	~~'S ENERGY POLICY OBJECTIVES IN AN AFFORDABLE MANNER FOR~~
470		-	~~CUSTOMERS~~
471		-	.
	495	+	14
	496	+	IMPACTS ON CUSTOMER AFFORDABILITY ; AND15
	497	+	(II) T
	498	+	HE UTILITY'S ABILITY TO MAKE INVESTMENTS TO ACHIEVE
	499	+	16
	500	+	THE STATE'S ENERGY POLICY OBJECTIVES IN AN AFFORDABLE MANNER FOR17
	501	+	CUSTOMERS.18
472	502		(4) N
473	503		OTHING IN THIS SECTION:
	504	+	19
474	505		(a) S
475	506		HALL BE CONSTRUED TO AUTOMATICALLY SHIFT RISK TO THE
476		-	INVESTOR
477		-	-OWNED ELECTRIC OR GAS UTILITY; OR
478		-	(b) WARRANTS AN AUTOMATIC ADJUSTMENT TO THE AMOUNT OF
479		-	ALLOWABLE RETURN ON EQUITY OR ANY OTHER RATE
480		-	-MAKING METRIC.
481		-	40-3-121. Natural gas cost causation study - commission
	507	+	20
	508	+	INVESTOR-OWNED ELECTRIC OR GAS UTILITY; OR21
	509	+	(b) W
	510	+	ARRANTS AN AUTOMATIC ADJUSTMENT TO THE AMOUNT OF
	511	+	22
	512	+	ALLOWABLE RETURN ON EQUITY OR ANY OTHER RATE -MAKING METRIC.23
	513	+	40-3-121. Natural gas cost causation study - commission24
482	514		proceeding - reporting - repeal. (1) (a) W
483		-	ITHIN SIXTY DAYS AFTER THE
484		-	COMMISSION ISSUES A FINAL
485		-	, NONAPPEALABLE DECISION REGARDING THE
486		-	FIRST CLEAN HEAT PLAN FILED PURSUANT TO SECTION
487		-	40-3.2-108 BY A
488		-	NATURAL GAS UTILITY THAT SERVES MORE THAN FIVE HUNDRED THOUSAND
489		-	CUSTOMERS
490		-	, THE COMMISSION SHALL OPEN A PROCEEDING TO INVESTIGATE
491		-	WHETHER AND HOW RESIDENTIAL DEVELOPMENT AND OTHER DEVELOPMENT
492		-	IN CERTAIN GEOGRAPHIC AREAS DRIVE NATURAL GAS INFRASTRUCTURE
493		-	COSTS FOR ANY NATURAL GAS UTILITY THAT SERVES MORE THAN FIVE
494		-	HUNDRED THOUSAND CUSTOMERS IN THE STATE
495		-	, PARTICULARLY WITH
496		-	REGARD TO THE IMPACT THAT THE DEVELOPMENT HAS ON
497		-	NONPARTICIPATING INCOME
498		-	-QUALIFIED CUSTOMERS.
	515	+	ITHIN SIXTY DAYS AFTER THE25
	516	+	COMMISSION ISSUES A FINAL, NONAPPEALABLE DECISION REGARDING THE26
	517	+	FIRST CLEAN HEAT PLAN FILED PURSUANT TO SECTION 40-3.2-108 BY A27
	518	+	291
	519	+	-13- NATURAL GAS UTILITY THAT SERVES MORE THAN FIVE HUNDRED1
	520	+	THOUSAND CUSTOMERS , THE COMMISSION SHALL OPEN A PROCEEDING TO2
	521	+	INVESTIGATE WHETHER AND HOW RESIDENTIAL DEVELOPMENT AND OTHER3
	522	+	DEVELOPMENT IN CERTAIN GEOGRAPHIC AREAS DRIVE NATURAL GAS4
	523	+	INFRASTRUCTURE COSTS FOR ANY NATURAL GAS UTILITY THAT SERVES5
	524	+	MORE THAN FIVE HUNDRED THOUSAND CUSTOMERS IN THE STATE ,6
	525	+	PARTICULARLY WITH REGARD TO THE IMPACT THAT THE DEVELOPMENT7
	526	+	HAS ON NONPARTICIPATING INCOME -QUALIFIED CUSTOMERS.8
499	527		(b) T
500		-	HE PROCEEDING MUST IDENTIFY SPECIFIC, NEW LARGE NATURAL
501		-	GAS INFRASTRUCTURE INVESTMENTS AND
502		-	, FOR EACH INVESTMENT
503		-	IDENTIFIED
504		-	, DETERMINE THE EXTENT TO WHICH NEW RESIDENTIAL
505		-	PAGE 10-SENATE BILL 23-291 DEVELOPMENT OR OTHER DEVELOPMENT BY A GEOGRAPHIC AREA IS
506		-	DISPROPORTIONATELY NECESSITATING THAT INVESTMENT
507		-	.
	528	+	HE PROCEEDING MUST IDENTIFY SPECIFIC , NEW LARGE9
	529	+	NATURAL GAS INFRASTRUCTURE INVESTMENTS AND , FOR EACH10
	530	+	INVESTMENT IDENTIFIED, DETERMINE THE EXTENT TO WHICH NEW11
	531	+	RESIDENTIAL DEVELOPMENT OR OTHER DEVELOPMENT BY A GEOGRAPHIC12
	532	+	AREA IS DISPROPORTIONATELY NECESSITATING THAT INVESTMENT .13
508	533		(c) T
509		-	HE PROCEEDING MUST INCLUDE A CALCULATION OF ~~THE~~
510		-	BENEFITS AND COSTS OF THE GROWTH IN NEW RESIDENTIAL ~~DEVELOPMENT~~
511		-	AND OTHER DEVELOPMENT TO BOTH THE NATURAL GAS ~~UTILITY CUSTOMERS~~
512		-	FOR WHOM THE INFRASTRUCTURE INVESTMENT IS BEING ~~MADE AND~~
513		-	NONPARTICIPATING RETAIL AND WHOLESALE NATURAL GAS ~~UTILITY~~
514		-	CUSTOMERS
515		-	~~, PARTICULARLY THOSE NONPARTICIPATING~~ CUSTOMERS ~~WHO~~
516		-	~~ARE INCOME~~
517		-	~~-QUALIFIED CUSTOMERS.~~
	534	+	HE PROCEEDING MUST INCLUDE A CALCULATION OF THE14
	535	+	BENEFITS AND COSTS OF THE GROWTH IN NEW RESIDENTIAL DEVELOPMENT15
	536	+	AND OTHER DEVELOPMENT TO BOTH THE NATURAL GAS UTILITY16
	537	+	CUSTOMERS FOR WHOM THE INFRASTRUCTURE INVESTMENT IS BEING MADE17
	538	+	AND NONPARTICIPATING RETAIL AND WHOLESALE NATURAL GAS UTILITY18
	539	+	CUSTOMERS, PARTICULARLY THOSE NONPARTICIPATING CUSTOMERS WHO19
	540	+	ARE INCOME-QUALIFIED CUSTOMERS.20
	541	+
	542	+	21
518	543		(2) A
519	544		FTER COMPLETION OF THE INVESTIGATION , THE COMMISSION
520		-	SHALL HOLD A HEARING IN THE INVESTIGATORY PROCEEDING
521		-	, AT WHICH THE
522		-	COMMISSION SHALL CONSIDER THE INFORMATION GATHERED IN THE
523		-	INVESTIGATION AND PUBLIC COMMENTS WITH RESPECT TO A NATURAL GAS
524		-	UTILITY THAT SERVES MORE THAN FIVE HUNDRED THOUSAND CUSTOMERS IN
525		-	THE STATE
526		-	, TO:
527		-	(a) D
528		-	ETERMINE WHETHER ALTERNATIVE INFRASTRUCTURE , SERVICE
529		-	INVESTMENTS
530		-	, OR OTHER UTILITY ACTIONS COULD MITIGATE IMPACTS ON
531		-	NONPARTICIPATING OR INCOME
532		-	-QUALIFIED CUSTOMERS IN A MANNER THAT
533		-	IS NECESSARY
534		-	, APPROPRIATE, AND COULD HELP REDUCE GREENHOUSE GAS
535		-	EMISSIONS IN ALIGNMENT WITH THE
536		-	"COLORADO GREENHOUSE GAS
537		-	POLLUTION REDUCTION ROADMAP", PUBLISHED BY THE COLORADO ENERGY
538		-	OFFICE
539		-	; AND
540		-	(b) IDENTIFY THE UP-FRONT AND SERVICE LIFE ANNUALIZED COSTS
541		-	AND BENEFITS OF THE ALTERNATIVES IDENTIFIED IN SUBSECTION
542		-	(2)(a) OF
543		-	THIS SECTION
544		-	.
545		-	(3) T
546		-	HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2025.
547		-	SECTION 5. In Colorado Revised Statutes, add 40-3.2-104.3,
548		-	40-3.2-104.4, 40-3.2-104.5, and 40-3.2-104.6 as follows:
549		-	40-3.2-104.3. Eliminating incentives for gas service to properties
550		-	- gas line extension allowances - exemptions - definitions. (1) A
551		-	S USED
552		-	IN THIS SECTION
553		-	, UNLESS THE CONTEXT OTHERWISE REQUIRES :
	545	+	22
	546	+	SHALL HOLD A HEARING IN THE INVESTIGATORY PROCEEDING, AT WHICH23
	547	+	THE COMMISSION SHALL CONSIDER THE INFORMATION GATHERED IN THE24
	548	+	INVESTIGATION AND PUBLIC COMMENTS WITH RESPECT TO A NATURAL GAS25
	549	+	UTILITY THAT SERVES MORE THAN FIVE HUNDRED THOUSAND CUSTOMERS26
	550	+	IN THE STATE, TO:27
	551	+	291
	552	+	-14- (a) DETERMINE WHETHER ALTERNATIVE INFRASTRUCTURE,1
	553	+	SERVICE INVESTMENTS, OR OTHER UTILITY ACTIONS COULD MITIGATE2
	554	+	IMPACTS ON NONPARTICIPATING OR INCOME-QUALIFIED CUSTOMERS IN A3
	555	+	MANNER THAT IS NECESSARY, APPROPRIATE, AND COULD HELP REDUCE4
	556	+	GREENHOUSE GAS EMISSIONS IN ALIGNMENT WITH THE "COLORADO5
	557	+	GREENHOUSE GAS POLLUTION REDUCTION ROADMAP", PUBLISHED BY THE6
	558	+	COLORADO ENERGY OFFICE; AND7
	559	+	(b) IDENTIFY THE UP-FRONT AND SERVICE LIFE ANNUALIZED COSTS8
	560	+	AND BENEFITS OF THE ALTERNATIVES IDENTIFIED IN SUBSECTION (2)(a) OF9
	561	+	THIS SECTION.10
	562	+	(3) THIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2025.11
	563	+	SECTION 5. In Colorado Revised Statutes, add 40-3.2-104.3,12
	564	+	40-3.2-104.4, 40-3.2-104.5, and 40-3.2-104.6 as follows:13
	565	+	40-3.2-104.3. Eliminating incentives for gas service to14
	566	+	properties - gas line extension allowances - exemptions - definitions.15
	567	+	(1) A
	568	+	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE16
	569	+	REQUIRES:17
554	570		(a) "A
555		-	PPLICANT" MEANS A PERSON THAT REQUESTS NATURAL ~~GAS~~
556		-	~~PAGE 11-SENATE BILL 23-291~~ SERVICE AND THAT OWNS THE REAL PROPERTY REQUIRING THE SERVICE .
	571	+	PPLICANT" MEANS A PERSON THAT REQUESTS NATURAL GAS18
	572	+	SERVICE AND THAT OWNS THE REAL PROPERTY REQUIRING THE SERVICE .19
557	573		"A
558		-	PPLICANT" INCLUDES A DEVELOPER, BUILDER, LEGAL ENTITY, OR OTHER
559		-	PERSON THAT HAS LEGAL AUTHORITY OVER THE PROPERTY
560		-	.
561		-	(b) "D
562		-	UAL-FUEL UTILITY" MEANS A UTILITY THAT OFFERS ITS
563		-	CUSTOMERS BOTH ELECTRIC AND GAS SERVICE
564		-	.
565		-	(c) "G
566		-	AS UTILITY" MEANS A GAS UTILITY THAT THE COMMISSION
567		-	REGULATES WITH RESPECT TO RATES AND CHARGES
568		-	.
569		-	(d) "L
570		-	INE EXTENSION ALLOWANCE" MEANS A BUNDLE OF COSTS THAT
571		-	INCLUDES CONSTRUCTION ALLOWANCES FOR NEW SERVICE LINES
572		-	, METERS,
573		-	AND OTHER INFRASTRUCTURE ASSOCIATED WITH THE ADDITION OF A NEW
574		-	CUSTOMER TO A GAS UTILITY
575		-	'S DISTRIBUTION SYSTEM.
	574	+	PPLICANT" INCLUDES A DEVELOPER, BUILDER, LEGAL ENTITY, OR OTHER20
	575	+	PERSON THAT HAS LEGAL AUTHORITY OVER THE PROPERTY .21
	576	+	(b) "DUAL-FUEL UTILITY" MEANS A UTILITY THAT OFFERS ITS22
	577	+	CUSTOMERS BOTH ELECTRIC AND GAS SERVICE .23
	578	+	(c) "GAS UTILITY" MEANS A GAS UTILITY THAT THE COMMISSION24
	579	+	REGULATES WITH RESPECT TO RATES AND CHARGES .25
	580	+	(d) "LINE EXTENSION ALLOWANCE " MEANS A BUNDLE OF COSTS26
	581	+	THAT INCLUDES CONSTRUCTION ALLOWANCES FOR NEW SERVICE LINES ,27
	582	+	291
	583	+	-15- METERS, AND OTHER INFRASTRUCTURE ASSOCIATED WITH THE ADDITION1
	584	+	OF A NEW CUSTOMER TO A GAS UTILITY'S DISTRIBUTION SYSTEM.2
576	585		(2) (a) A
577		-	GAS UTILITY SHALL NOT PROVIDE AN APPLICANT AN
578		-	INCENTIVE
579		-	, INCLUDING A LINE EXTENSION ALLOWANCE , TO ESTABLISH GAS
580		-	SERVICE TO A PROPERTY
581		-	.
	586	+	GAS UTILITY SHALL NOT PROVIDE AN APPLICANT AN3
	587	+	INCENTIVE, INCLUDING A LINE EXTENSION ALLOWANCE , TO ESTABLISH GAS4
	588	+	SERVICE TO A PROPERTY.5 (b) THE COMMISSION MAY REQUIRE A DUAL-FUEL UTILITY TO6
	589	+	PROVIDE ITS CUSTOMERS THAT RECEIVE GAS AND ELECTRIC SERVICE FROM7
	590	+	THE UTILITY WITH RELEVANT INFORMATION REGARDING OPTIONS FOR8
	591	+	SWITCHING TO HIGH-EFFICIENCY ELECTRIC SPACE HEATING OR WATER9
	592	+	HEATING, INCLUDING:10
	593	+	(I) A LIST OF APPLIANCES, FOR WHICH THE UTILITY PROVIDES11
	594	+	INCENTIVES OR REBATES; AND12
	595	+	(II) FOR EXISTING OR PROSPECTIVE CUSTOMERS THAT ARE13
	596	+	GOVERNMENT ENTITIES, A COST-BENEFIT ANALYSIS OF ELECTRIFICATION14
	597	+	OPTIONS THAT INCLUDES UP-FRONT AND LIFETIME COSTS, WHICH ANALYSIS15
	598	+	MUST TAKE INTO ACCOUNT AVAILABLE INCENTIVES AND REBATES AND USE16
	599	+	A REASONABLE COST THAT REFLECTS GAS PRICE VOLATILITY .17
	600	+	(c) ON OR BEFORE DECEMBER 31, 2023, EACH GAS UTILITY SHALL18
	601	+	FILE WITH THE COMMISSION AN UPDATED TARIFF TO REFLECT THE19
	602	+	REMOVAL OF ANY INCENTIVES FOR AN APPLICANT TO ESTABLISH GAS20
	603	+	SERVICE TO A PROPERTY.21
	604	+	(d) NOTWITHSTANDING SUBSECTION (2)(c) OF THIS SECTION, A22
	605	+	UTILITY MAY EXEMPT FROM THE UPDATED TARIFF ANY APPLICANT THAT :23
	606	+	(I) H
	607	+	AS ALREADY SUBMITTED AN APPLICATION THAT HAS BEEN24
	608	+	APPROVED OR IS PENDING AS OF THE EFFECTIVE DATE OF THIS SECTION ;
	609	+	25
	610	+	(II) C
	611	+	AN DEMONSTRATE OR ATTEST THAT THE APPLICANT HAS26
	612	+	SUBMITTED A PERMIT APPLICATION TO THE LOCAL GOVERNMENT WITH27
	613	+	291
	614	+	-16- PERMITTING AUTHORITY IN THE LOCATION OF THE PROPERTY AND THAT1
	615	+	THE APPLICATION IS EITHER APPROVED OR PENDING AS OF THE EFFECTIVE2
	616	+	DATE OF THIS SECTION; OR3
	617	+	(III) CAN DEMONSTRATE OR ATTEST THAT THE APPLICANT HAS4
	618	+	SUBMITTED TO A LOCAL GOVERNMENT A SITE DEVELOPMENT PLAN OR PLAT5
	619	+	THAT IS EITHER APPROVED OR PENDING AS OF THE EFFECTIVE DATE OF THIS6
	620	+	SECTION; EXCEPT THAT, AN APPLICANT THAT HAS SUBMITTED A SITE7
	621	+	DEVELOPMENT PLAN OR PLAT FOR WHICH A PERMIT APPLICATION TO THE8
	622	+	LOCAL GOVERNMENT HAS NOT BEEN APPROVED ON OR BEFORE DECEMBER9
	623	+	31, 2024, IS NOT EXEMPT.10
	624	+	40-3.2-104.4. Colorado energy office gas investment asset11
	625	+	depreciation study - third-party evaluation - commission rules.12
	626	+	(1) (a) O
	627	+	N OR BEFORE JULY 1, 2024, THE COLORADO ENERGY OFFICE13
	628	+	CREATED IN SECTION 24-38.5-101 (1) SHALL CONTRACT WITH AN14
	629	+	INDEPENDENT THIRD PARTY TO EVALUATE THE RISK OF STRANDED OR15
	630	+	UNDERUTILIZED NATURAL GAS INFRASTRUCTURE INVESTMENTS AND THE16
	631	+	ANNUAL PROJECTED RATE IMPACT ON RATEPAYERS .17
582	632		(b) T
583		-	HE COMMISSION MAY REQUIRE A DUAL -FUEL UTILITY TO
584		-	PROVIDE ITS CUSTOMERS THAT RECEIVE GAS AND ELECTRIC SERVICE FROM
585		-	THE UTILITY WITH RELEVANT INFORMATION REGARDING OPTIONS FOR
586		-	SWITCHING TO HIGH
587		-	-EFFICIENCY ELECTRIC SPACE HEATING OR WATER
588		-	HEATING
589		-	, INCLUDING:
	633	+	HE EVALUATION MUST TAKE INTO ACCOUNT :18
590	634		(I) A
591		-	LIST OF APPLIANCES, FOR WHICH THE UTILITY PROVIDES
592		-	INCENTIVES OR REBATES
593		-	; AND
594		-	(II) FOR EXISTING OR PROSPECTIVE CUSTOMERS THAT ARE
595		-	GOVERNMENT ENTITIES
596		-	, A COST-BENEFIT ANALYSIS OF ELECTRIFICATION
597		-	OPTIONS THAT INCLUDES UP
598		-	-FRONT AND LIFETIME COSTS, WHICH ANALYSIS
599		-	MUST TAKE INTO ACCOUNT AVAILABLE INCENTIVES AND REBATES AND USE
600		-	A REASONABLE COST THAT REFLECTS GAS PRICE VOLATILITY
601		-	.
602		-	(c) O
603		-	N OR BEFORE DECEMBER 31, 2023, EACH GAS UTILITY SHALL
604		-	FILE WITH THE COMMISSION AN UPDATED TARIFF TO REFLECT THE REMOVAL
605		-	OF ANY INCENTIVES FOR AN APPLICANT TO ESTABLISH GAS SERVICE TO A
606		-	PROPERTY
607		-	.
608		-	(d) N
609		-	OTWITHSTANDING SUBSECTION (2)(c) OF THIS SECTION, A
610		-	PAGE 12-SENATE BILL 23-291 UTILITY MAY EXEMPT FROM THE UPDATED TARIFF ANY APPLICANT THAT :
611		-	(I) H
612		-	AS ALREADY SUBMITTED AN APPLICATION THAT HAS BEEN
613		-	APPROVED OR IS PENDING AS OF THE EFFECTIVE DATE OF THIS SECTION
614		-	;
615		-	(II) C
616		-	AN DEMONSTRATE OR ATTEST THAT THE APPLICANT HAS
617		-	SUBMITTED A PERMIT APPLICATION TO THE LOCAL GOVERNMENT WITH
618		-	PERMITTING AUTHORITY IN THE LOCATION OF THE PROPERTY AND THAT THE
619		-	APPLICATION IS EITHER APPROVED OR PENDING AS OF THE EFFECTIVE DATE
620		-	OF THIS SECTION
621		-	; OR
622		-	(III) CAN DEMONSTRATE OR ATTEST THAT THE APPLICANT HAS
623		-	SUBMITTED TO A LOCAL GOVERNMENT A SITE DEVELOPMENT PLAN OR PLAT
624		-	THAT IS EITHER APPROVED OR PENDING AS OF THE EFFECTIVE DATE OF THIS
625		-	SECTION
626		-	; EXCEPT THAT AN APPLICANT THAT HAS SUBMITTED A SITE
627		-	DEVELOPMENT PLAN OR PLAT FOR WHICH A PERMIT APPLICATION TO THE
628		-	LOCAL GOVERNMENT HAS NOT BEEN APPROVED ON OR BEFORE
629		-	DECEMBER
630		-	31, 2024, IS NOT EXEMPT.
631		-	40-3.2-104.4. Colorado energy office gas investment asset
632		-	depreciation study - third-party evaluation - commission rules.
633		-	(1) (a) O
634		-	N OR BEFORE JULY 1, 2024, THE COLORADO ENERGY OFFICE
635		-	CREATED IN SECTION
636		-	24-38.5-101 (1) SHALL CONTRACT WITH AN
637		-	INDEPENDENT THIRD PARTY TO EVALUATE THE RISK OF STRANDED OR
638		-	UNDERUTILIZED NATURAL GAS INFRASTRUCTURE INVESTMENTS AND THE
639		-	ANNUAL PROJECTED RATE IMPACT ON RATEPAYERS
640		-	.
641		-	(b) T
642		-	HE EVALUATION MUST TAKE INTO ACCOUNT :
643		-	(I) A
644		-	NY PROJECTED DECLINE IN GAS SALES;
	635	+	NY PROJECTED DECLINE IN GAS SALES;19
645	636		(II) T
646		-	HE DECLINE IN THE NUMBER OF GAS CUSTOMERS ; ~~AND~~
647		-	(III) ~~MEASURES TO ACHIEVE THE GREENHOUSE GAS EMISSION~~
648		-	~~REDUCTION GOALS SET FORTH IN SECTION~~
649		-	25-7-102 (2)(g).
	637	+	HE DECLINE IN THE NUMBER OF GAS CUSTOMERS ; AND20
	638	+	(III) M
	639	+	EASURES TO ACHIEVE THE GREENHOUSE GAS EMISSION21
	640	+	REDUCTION GOALS SET FORTH IN SECTION 25-7-102 (2)(g).22
650	641		(c) T
651	642		HE INDEPENDENT THIRD PARTY SHALL CONDUCT AN ANALYSIS
652		-	OF
653		-	, AND INCLUDE POLICY RECOMMENDATIONS RELATED TO , THE POTENTIAL
654		-	IMPACTS OF STRANDED OR UNDERUTILIZED NATURAL GAS INFRASTRUCTURE
655		-	ON UTILITY EMPLOYEES WHO WORK FOR
656		-	, OR CONTRACT WORKERS WHO
657		-	PAGE 13-SENATE BILL 23-291 PERFORM WORK FOR, INVESTOR-OWNED GAS UTILITIES. IN CONDUCTING THE
658		-	STUDY
659		-	, THE INDEPENDENT THIRD PARTY SHALL CONSULT WITH APPROPRIATE
660		-	LABOR ORGANIZATIONS THAT REPRESENT UTILITY EMPLOYEES WHO WORK
661		-	FOR
662		-	, AND CONTRACT WORKERS WHO PERFORM WORK FOR , INVESTOR-OWNED
663		-	GAS UTILITIES AND OTHER RELEVANT STAKEHOLDERS
664		-	.
	643	+	23
	644	+	OF, AND INCLUDE POLICY RECOMMENDATIONS RELATED TO , THE24
	645	+	POTENTIAL IMPACTS OF STRANDED OR UNDERUTILIZED NATURAL GAS25
	646	+	INFRASTRUCTURE ON UTILITY EMPLOYEES WHO WORK FOR , OR CONTRACT26
	647	+	WORKERS WHO PERFORM WORK FOR , INVESTOR-OWNED GAS UTILITIES. IN27
	648	+	291
	649	+	-17- CONDUCTING THE STUDY, THE INDEPENDENT THIRD PARTY SHALL CONSULT1
	650	+	WITH APPROPRIATE LABOR ORGANIZATIONS THAT REPRESENT UTILITY2
	651	+	EMPLOYEES WHO WORK FOR , AND CONTRACT WORKERS WHO PERFORM3
	652	+	WORK FOR, INVESTOR-OWNED GAS UTILITIES AND OTHER RELEVANT4
	653	+	STAKEHOLDERS.5
665	654		(2) A
666		-	FTER THE INDEPENDENT THIRD-PARTY ~~EVALUATION DESCRIBED~~
667		-	IN SUBSECTION
668		-	~~(1) OF THIS SECTION IS COMPLETED, THE COLORADO ENERGY~~
669		-	OFFICE SHALL SUBMIT A WRITTEN COPY OF ~~THE FINDINGS AND CONCLUSIONS~~
670		-	OF THE EVALUATION TO THE COMMISSION
671		-	~~. THE COMMISSION SHALL REVIEW~~
672		-	THE EVALUATION AND ~~CONSIDER WHETHER ANY CHANGES TO RULES OR~~
673		-	DEPRECIATION SCHEDULES ~~ARE WARRANTED~~
674		-	.
	655	+	FTER THE INDEPENDENT THIRD -PARTY EVALUATION6
	656	+	DESCRIBED IN SUBSECTION (1) OF THIS SECTION IS COMPLETED , THE7
	657	+	C
	658	+	OLORADO ENERGY OFFICE SHALL SUBMIT A WRITTEN COPY OF THE8
	659	+	FINDINGS AND CONCLUSIONS OF THE EVALUATION TO THE COMMISSION .9
	660	+	T
	661	+	HE COMMISSION SHALL REVIEW THE EVALUATION AND CONSIDER10
	662	+	WHETHER ANY CHANGES TO RULES OR DEPRECIATION SCHEDULES ARE11
	663	+	WARRANTED.12
675	664		(3) (a) A
676		-	N INVESTOR-OWNED GAS UTILITY SHALL PROVIDE AS PART
677		-	OF ANY GAS INFRASTRUCTURE PLAN
678		-	, OR AS OTHERWISE DIRECTED BY THE
679		-	COMMISSION
680		-	, A MAP SHOWING SYSTEM -WIDE LOCATIONS, AGES, AND
681		-	MATERIALS OR TYPES OF GAS DISTRIBUTION SYSTEM PIPES
682		-	, CONSISTENT WITH
683		-	49 CFR 191 AND SECTION 40-2-115 (1)(d).
	665	+	N INVESTOR-OWNED GAS UTILITY SHALL PROVIDE AS PART13
	666	+	OF ANY GAS INFRASTRUCTURE PLAN , OR AS OTHERWISE DIRECTED BY THE14
	667	+	COMMISSION, A MAP SHOWING SYSTEM -WIDE LOCATIONS, AGES, AND15
	668	+	MATERIALS OR TYPES OF GAS DISTRIBUTION SYSTEM PIPES , CONSISTENT16
	669	+	WITH 49 CFR 191 AND SECTION 40-2-115 (1)(d).17
684	670		(b) A
685		-	S PART OF THE FILING, THE INVESTOR-OWNED GAS ~~UTILITY~~
686		-	SHALL ALSO PROVIDE INFORMATION ABOUT PIPES THAT MAY NEED TO BE
687		-	UPGRADED OR REPLACED WITHIN TEN YEARS AFTER THE DATE THAT ~~THE~~
688		-	UTILITY FILES THE PLAN
689		-	~~, UNLESS OTHERWISE DIRECTED BY THE~~ COMMISSION .
	671	+	S PART OF THE FILING, THE INVESTOR-OWNED GAS UTILITY18
	672	+	SHALL ALSO PROVIDE INFORMATION ABOUT PIPES THAT MAY NEED TO BE19
	673	+	UPGRADED OR REPLACED WITHIN TEN YEARS AFTER THE DATE THAT THE20
	674	+	UTILITY FILES THE PLAN , UNLESS OTHERWISE DIRECTED BY THE21
	675	+	COMMISSION.22
690	676		(c) T
691		-	HE COMMISSION SHALL ENSURE THAT THE CONTENT OF THE MAP
692		-	PROVIDED TO THE COMMISSION AND SHARING PROCEDURES ARE IN
693		-	COMPLIANCE WITH THE PARAMETERS RELATED TO CRITICAL
694		-	INFRASTRUCTURE REPORTING STANDARDS OF THE
695		-	CALIFORNIA INSTITUTE
696		-	FOR
697		-	ENERGY AND ENVIRONMENT, OR ITS SUCCESSOR ORGANIZATION, AND
698		-	THE SAFETY AND SYSTEM INTEGRITY STANDARDS OF THE
699		-	AMERICAN
700		-	PETROLEUM INSTITUTE, OR ITS SUCCESSOR ORGANIZATION.
701		-	(d) (I) A
702		-	N INVESTOR-OWNED GAS UTILITY MAY DESIGNATE ANY MAP
703		-	OR ASSOCIATED INFORMATION PROVIDED PURSUANT TO THIS SUBSECTION
704		-	(3)
705		-	AS CONTAINING CRITICAL INFRASTRUCTURE INFORMATION . IF THE
706		-	COMMISSION DETERMINES THAT THE DESIGNATED MAP OR ASSOCIATED
707		-	INFORMATION DOES NOT CONTAIN CRITICAL INFRASTRUCTURE INFORMATION
708		-	,
709		-	THE INVESTOR-OWNED GAS UTILITY MAY APPEAL THE COMMISSION 'S
710		-	DETERMINATION IN A COURT OF COMPETENT JURISDICTION BY FILING THE
711		-	APPEAL WITHIN TEN DAYS AFTER THE COMMISSION
712		-	'S DETERMINATION.
713		-	PAGE 14-SENATE BILL 23-291 (II) IF THE COMMISSION DETERMINES THAT THE DISCLOSURE OF THE
714		-	DESIGNATED MAP OR ASSOCIATED INFORMATION MAY EXPOSE OR CREATE
715		-	VULNERABILITY TO CRITICAL INFRASTRUCTURE FACILITIES OR SYSTEMS
716		-	, THE
717		-	COMMISSION
718		-	:
719		-	(A) S
720		-	HALL LIMIT ACCESS TO THE DESIGNATED MAP OR ASSOCIATED
721		-	INFORMATION TO INDIVIDUALS AT STATE AGENCIES THAT ARE PARTIES TO
722		-	THE PROCEEDING IN WHICH THE MAP OR ASSOCIATED INFORMATION WAS
723		-	PROVIDED
724		-	; AND
725		-	(B) EXCEPT AS PROVIDED IN SUBSECTION (3)(d)(II)(A) OF THIS
726		-	SECTION
727		-	, SHALL NOT PROVIDE THE DESIGNATED MAP OR ASSOCIATED
728		-	INFORMATION TO ANY PERSONS AND MAY ORDER THE INVESTOR
729		-	-OWNED GAS
730		-	UTILITY TO PROVIDE A PUBLIC REDACTED VERSION OF THE MAP OR
731		-	ASSOCIATED INFORMATION THAT INCLUDES A GENERAL DESCRIPTION OF THE
732		-	INFORMATION WITHOUT DETAILED LOCATION INFORMATION
733		-	.
734		-	(III) A
735		-	CUSTODIAN, AS DEFINED IN SECTION 24-72-202 (1.1), SHALL
736		-	NOT RELEASE A MAP OR ASSOCIATED INFORMATION FOR WHICH THE
737		-	COMMISSION HAS LIMITED ACCESS PURSUANT TO SUBSECTION
738		-	(3)(d)(II) OF
739		-	THIS SECTION IN RESPONSE TO ANY REQUEST TO INSPECT PUBLIC RECORDS
740		-	PURSUANT TO THE
741		-	"COLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE 72
742		-	OF TITLE 24.
743		-	40-3.2-104.5. Customer disconnection from investor-owned gas
744		-	utility service - rules. (1) A
745		-	N INVESTOR-OWNED GAS UTILITY SHALL NOT
746		-	PENALIZE OR CHARGE A FEE TO A CUSTOMER THAT VOLUNTARILY
747		-	TERMINATES GAS SERVICE
748		-	. ONCE A CUSTOMER HAS TERMINATED THE
749		-	INVESTOR
750		-	-OWNED UTILITY'S GAS SERVICE, THE UTILITY SHALL NOT
751		-	CONTINUE TO CHARGE THE CUSTOMER ANY FEES
752		-	. ANY COSTS ASSOCIATED
753		-	WITH TERMINATION SHALL BE CONSIDERED PART OF GENERAL DISTRIBUTION
754		-	SYSTEM INVESTMENTS AND ARE ELIGIBLE FOR COST RECOVERY
755		-	.
	677	+	HE COMMISSION SHALL ENSURE THAT THE CONTENT OF THE23
	678	+	MAP PROVIDED TO THE COMMISSION AND SHARING PROCEDURES ARE IN24
	679	+	COMPLIANCE WITH THE PARAMETERS RELATED TO CRITICAL25
	680	+	INFRASTRUCTURE REPORTING STANDARDS OF THE CALIFORNIA INSTITUTE26
	681	+	FOR ENERGY AND ENVIRONMENT, OR ITS SUCCESSOR ORGANIZATION, AND27
	682	+	291
	683	+	-18- THE SAFETY AND SYSTEM INTEGRITY STANDARDS OF THE AMERICAN1
	684	+	P
	685	+	ETROLEUM INSTITUTE, OR ITS SUCCESSOR ORGANIZATION.2 (d) (I) AN INVESTOR-OWNED GAS UTILITY MAY DESIGNATE ANY3
	686	+	MAP OR ASSOCIATED INFORMATION PROVIDED PURSUANT TO THIS4
	687	+	SUBSECTION (3) AS CONTAINING CRITICAL INFRASTRUCTURE5
	688	+	INFORMATION. IF THE COMMISSION DETERMINES THAT THE DESIGNATED6
	689	+	MAP OR ASSOCIATED INFORMATION DOES NOT CONTAIN CRITICAL7
	690	+	INFRASTRUCTURE INFORMATION, THE INVESTOR-OWNED GAS UTILITY MAY8
	691	+	APPEAL THE COMMISSION'S DETERMINATION IN A COURT OF COMPETENT9
	692	+	JURISDICTION BY FILING THE APPEAL WITHIN TEN DAYS AFTER THE10
	693	+	COMMISSION'S DETERMINATION.11
	694	+	(II) IF THE COMMISSION DETERMINES THAT THE DISCLOSURE OF12
	695	+	THE DESIGNATED MAP OR ASSOCIATED INFORMATION MAY EXPOSE OR13
	696	+	CREATE VULNERABILITY TO CRITICAL INFRASTRUCTURE FACILITIES OR14
	697	+	SYSTEMS, THE COMMISSION:15
	698	+	(A) SHALL LIMIT ACCESS TO THE DESIGNATED MAP OR ASSOCIATED16
	699	+	INFORMATION TO INDIVIDUALS AT STATE AGENCIES THAT ARE PARTIES TO17
	700	+	THE PROCEEDING IN WHICH THE MAP OR ASSOCIATED INFORMATION WAS18
	701	+	PROVIDED; AND19
	702	+	(B) EXCEPT AS PROVIDED IN SUBSECTION (3)(d)(II)(A) OF THIS20
	703	+	SECTION, SHALL NOT PROVIDE THE DESIGNATED MAP OR ASSOCIATED21
	704	+	INFORMATION TO ANY PERSONS AND MAY ORDER THE INVESTOR -OWNED22
	705	+	GAS UTILITY TO PROVIDE A PUBLIC REDACTED VERSION OF THE MAP OR23
	706	+	ASSOCIATED INFORMATION THAT INCLUDES A GENERAL DESCRIPTION OF24
	707	+	THE INFORMATION WITHOUT DETAILED LOCATION INFORMATION .25
	708	+	(III) A CUSTODIAN, AS DEFINED IN SECTION 24-72-202 (1.1), SHALL26
	709	+	NOT RELEASE A MAP OR ASSOCIATED INFORMATION FOR WHICH THE27
	710	+	291
	711	+	-19- COMMISSION HAS LIMITED ACCESS PURSUANT TO SUBSECTION (3)(d)(II) OF1
	712	+	THIS SECTION IN RESPONSE TO ANY REQUEST TO INSPECT PUBLIC RECORDS2
	713	+	PURSUANT TO THE "COLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE3
	714	+	72 OF TITLE 24.4
	715	+	40-3.2-104.5. Customer disconnection from investor-owned5
	716	+	gas utility service - rules. (1) A
	717	+	N INVESTOR-OWNED GAS UTILITY SHALL6
	718	+	NOT PENALIZE OR CHARGE A FEE TO A CUSTOMER THAT VOLUNTARILY7
	719	+	TERMINATES GAS SERVICE. ONCE A CUSTOMER HAS TERMINATED THE8
	720	+	INVESTOR-OWNED UTILITY'S GAS SERVICE, THE UTILITY SHALL NOT9
	721	+	CONTINUE TO CHARGE THE CUSTOMER ANY FEES . ANY COSTS ASSOCIATED10
	722	+	WITH TERMINATION SHALL BE CONSIDERED PART OF GENERAL11
	723	+	DISTRIBUTION SYSTEM INVESTMENTS AND ARE ELIGIBLE FOR COST12
	724	+	RECOVERY.13
756	725		(2) T
757		-	HE COMMISSION MAY ADOPT RULES TO ESTABLISH STANDARDS
758		-	FOR A CUSTOMER
759		-	'S VOLUNTARY DISCONNECTION FROM AN INVESTOR -OWNED
760		-	GAS UTILITY
761		-	'S GAS DISTRIBUTION SYSTEM. IF THE COMMISSION ADOPTS THE
762		-	DISCONNECTION RULES
763		-	, THE COMMISSION MUST CONSIDER :
	726	+	HE COMMISSION MAY ADOPT RULES TO ESTABLISH14
	727	+	STANDARDS FOR A CUSTOMER 'S VOLUNTARY DISCONNECTION FROM AN15
	728	+	INVESTOR-OWNED GAS UTILITY'S GAS DISTRIBUTION SYSTEM . IF THE16
	729	+	COMMISSION ADOPTS THE DISCONNECTION RULES , THE COMMISSION MUST17
	730	+	CONSIDER:18
764	731		(a) T
765		-	HE HEALTH AND SAFETY RISKS RELATED TO THE ~~CUSTOMER NO~~
766		-	LONGER USING THE GAS DISTRIBUTION SYSTEM
767		-	;
768		-	~~PAGE 15-SENATE BILL 23-291 (b) THE~~ COST EFFECTIVENESS OF THE METHOD OF DISCONNECTION ;
	732	+	HE HEALTH AND SAFETY RISKS RELATED TO THE CUSTOMER19
	733	+	NO LONGER USING THE GAS DISTRIBUTION SYSTEM ;20
	734	+	(b) T
	735	+	HE COST EFFECTIVENESS OF THE METHOD OF DISCONNECTION ;21
769	736		(c) T
770		-	HE USE OF, OR REQUIRING THE INSTALLATION OF , SHUT-OFF
771		-	VALVES OR PIPELINE CAPS AS AN OPTION IN LIEU OF POTENTIALLY MORE
772		-	COST
773		-	-PROHIBITIVE EXCAVATION OR CONSTRUCTION ACTIVITIES TO REMOVE
774		-	EXISTING GAS INFRASTRUCTURE
775		-	;
	737	+	HE USE OF, OR REQUIRING THE INSTALLATION OF, SHUT-OFF22
	738	+	VALVES OR PIPELINE CAPS AS AN OPTION IN LIEU OF POTENTIALLY MORE23
	739	+	COST-PROHIBITIVE EXCAVATION OR CONSTRUCTION ACTIVITIES TO24
	740	+	REMOVE EXISTING GAS INFRASTRUCTURE ;
	741	+	25
776	742		(d) T
777	743		HE IMPACT ON STAFFING, INCLUDING ANY REQUIREMENTS AND
778		-	PROCEDURES FOR UTILITY EMPLOYEES AND CONTRACT WORKERS
779		-	;
780		-	(e) T
781		-	HE IMPACT ON CRITICAL REPAIRS, SCHEDULED MAINTENANCE ,
782		-	LEAK MITIGATION, AND OTHER RELATED ACTIVITIES; AND
783		-	(f) ANY OTHER CONSIDERATION THAT THE COMMISSION DEEMS
784		-	APPROPRIATE
785		-	.
	744	+	26
	745	+	PROCEDURES FOR UTILITY EMPLOYEES AND CONTRACT WORKERS ;27
	746	+	291
	747	+	-20- (e) THE IMPACT ON CRITICAL REPAIRS, SCHEDULED MAINTENANCE ,1
	748	+	LEAK MITIGATION, AND OTHER RELATED ACTIVITIES; AND2
	749	+	(f) ANY OTHER CONSIDERATION THAT THE COMMISSION DEEMS3
	750	+	APPROPRIATE.4
786	751		(3) N
787		-	OTHING IN THIS SECTION SHALL BE CONSTRUED TO MEAN THAT
788		-	A UTILITY CANNOT CHARGE AN INDIVIDUAL CUSTOMER FOR EXCAVATION OR
789		-	CONSTRUCTION ACTIVITIES TO REMOVE EXISTING GAS INFRASTRUCTURE IF
790		-	THE CUSTOMER HAS DECLINED THE MORE COST
791		-	-EFFECTIVE METHODS TO
792		-	DISCONNECT SERVICE
793		-	.
794		-	40-3.2-104.6. Commission study on beneficial electrification -
795		-	repeal. (1) O
796		-	N OR BEFORE JANUARY 1, 2024, THE COMMISSION SHALL
797		-	CONDUCT A STUDY TO BE COMPLETED NO LATER THAN
798		-	MARCH 15, 2024,
799		-	EXAMINING EXISTING INVESTOR -OWNED ELECTRIC UTILITY TARIFFS AND
800		-	INTERCONNECTION POLICIES AND PRACTICES TO DETERMINE
801		-	:
802		-	(a) I
803		-	F THE TARIFFS, POLICIES, AND PRACTICES POSE A BARRIER TO THE
804		-	BENEFICIAL ELECTRIFICATION OF TRANSPORTATION AND BUILDINGS AND THE
805		-	OFFSETTING OF THAT ENERGY USE WITH DISTRIBUTED ENERGY RESOURCES
806		-	;
	752	+	OTHING IN THIS SECTION SHALL BE CONSTRUED TO MEAN
	753	+	5
	754	+	THAT A UTILITY CANNOT CHARGE AN INDIVIDUAL CUSTOMER FOR6
	755	+	EXCAVATION OR CONSTRUCTION ACTIVITIES TO REMOVE EXISTING GAS7
	756	+	INFRASTRUCTURE IF THE CUSTOMER HAS DECLINED THE MORE8
	757	+	COST-EFFECTIVE METHODS TO DISCONNECT SERVICE .9
	758	+	40-3.2-104.6. Commission study on beneficial10
	759	+	electrification - repeal. (1) ON OR BEFORE JANUARY 1, 2024, THE11
	760	+	COMMISSION SHALL CONDUCT A STUDY TO BE COMPLETED NO LATER THAN12
	761	+	MARCH 15, 2024, EXAMINING EXISTING INVESTOR-OWNED ELECTRIC13
	762	+	UTILITY TARIFFS AND INTERCONNECTION POLICIES AND PRACTICES TO14
	763	+	DETERMINE:15
	764	+	(a) IF THE TARIFFS, POLICIES, AND PRACTICES POSE A BARRIER TO16
	765	+	THE BENEFICIAL ELECTRIFICATION OF TRANSPORTATION AND BUILDINGS17
	766	+	AND THE OFFSETTING OF THAT ENERGY USE WITH DISTRIBUTED ENERGY18
	767	+	RESOURCES;19
	768	+	(b) IF THE APPLICATION OF TRADITIONAL COST -CAUSATION AND20
	769	+	COST RECOVERY PRINCIPLES POSE A BARRIER TO SUCH BENEFICIAL21
	770	+	ELECTRIFICATION AND THE OFFSETTING OF THAT ENERGY USE WITH22
	771	+	DISTRIBUTED ENERGY RESOURCES ; AND23
	772	+	(c) WHETHER REQUIRING A CUSTOMER THAT SEEKS TO24
	773	+	INTERCONNECT DISTRIBUTED ENERGY RESOURCES OR BENEFICIAL25
	774	+	ELECTRIFICATION RESOURCES TO THE INVESTOR-OWNED ELECTRIC26
	775	+	UTILITY'S ELECTRIC GRID TO BEAR THE FULL INCREMENTAL COST OF27
	776	+	291
	777	+	-21- TRANSFORMER OR SERVICE UPGRADES NEEDED AT THE TIME OF1
	778	+	INTERCONNECTION IMPOSES AN UNDUE BURDEN ON THE CUSTOMER, WITH2
	779	+	CONSIDERATION GIVEN TO METHODS FOR SHARING THE COST RECOVERY3
	780	+	AMONG CUSTOMERS .4
	781	+	(2) IN CONDUCTING THE STUDY PURSUANT TO SUBSECTION (1) OF5
	782	+	THIS SECTION, THE COMMISSION SHALL CONSIDER WHETHER TO DIRECT AN6
	783	+	INVESTOR-OWNED ELECTRIC UTILITY TO MAKE CHANGES :7
	784	+	(a) TO ITS TARIFFS, POLICIES, PRACTICES, OR COST ALLOCATION;8
	785	+	(b) IN THE ALLOCATION OF DISTRIBUTION SYSTEM COSTS ,9
	786	+	INCLUDING THE COSTS OF TRANSFORMER, SUBSTATION, OR SERVICE10
	787	+	UPGRADES AS PART OF THE UTILITY'S INVESTMENT IN ITS DISTRIBUTION11
	788	+	SYSTEM; AND12
	789	+	(c) TO ITS DISTRIBUTION SYSTEM PLANNING PROCESS TO BETTER13
	790	+	PLAN FOR AND ACCOMM ODATE FUTURE BENEFICIAL ELECTRIFICATION AND14
	791	+	DISTRIBUTED ENERGY RESOURCE INVESTMENTS TO ALIGN WITH THE15
	792	+	STATE'S GREENHOUSE GAS EMISSION REDUCTION GOALS SET FORTH IN16
	793	+	SECTION 25-7-102 (2)(g).17
	794	+	(3) UPON COMPLETION OF THE STUDY, THE COMMISSION SHALL18
	795	+	POST WRITTEN FINDINGS AND CONCLUSIONS FROM THE STUDY ON THE19
	796	+	COMMISSION'S WEBSITE.20
	797	+	(4) T
	798	+	HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2025.21
	799	+	SECTION 6. In Colorado Revised Statutes, 40-6-109, amend (1)22
	800	+	as follows:23
	801	+	40-6-109. Hearings - orders - record - review - representation24
	802	+	of entities in nonadjudicatory proceedings. (1) (a) (I) At the time fixed25
	803	+	for any hearing before the commission, any commissioner, or an26
	804	+	administrative law judge or at the time to which the same
	805	+	HEARING may27
	806	+	291
	807	+	-22- have been continued, the applicant, petitioner, complainant, the person,1
	808	+	firm, or corporation complained of, and such persons, firms, or2
	809	+	corporations as the commission may allow to intervene and such persons,3
	810	+	firms, or corporations as will be interested in or affected by any order that4
	811	+	may be made by the commission in such proceeding and who shall have5
	812	+	become parties to the proceeding shall be THE FOLLOWING PERSONS ARE6
	813	+	entitled to be heard, examine and cross-examine witnesses, and introduce7
	814	+	evidence:8
	815	+	(A) T
	816	+	HE APPLICANT;9
	817	+	(B) T
	818	+	HE PETITIONER;10
	819	+	(C) T
	820	+	HE COMPLAINANT;11
	821	+	(D) T
	822	+	HE PERSON, FIRM, OR CORPORATION COMPLAINED OF ;12
	823	+	(E) S
	824	+	UCH PERSONS, FIRMS, OR CORPORATIONS AS THE COMMISSION13
	825	+	MAY ALLOW TO INTERVENE ; AND14
	826	+	(F) S
	827	+	UCH PERSONS, FIRMS, OR CORPORATIONS AS WILL BE15
	828	+	INTERESTED IN OR AFFECTED BY ANY ORDER THAT MAY BE MADE BY THE16
	829	+	COMMISSION IN SUCH PROCEEDING AND WHO SHALL HAVE BECOME17
	830	+	PARTIES TO THE PROCEEDING.18
	831	+	(II) A
	832	+	LL PARTIES IN INTEREST ARE ENTITLED TO BE HEARD IN19
	833	+	PERSON OR BY ATTORNEY.20
807	834		(b) I
808		-	F THE APPLICATION OF TRADITIONAL COST-CAUSATION AND COST
809		-	RECOVERY PRINCIPLES POSE A BARRIER TO SUCH BENEFICIAL
810		-	ELECTRIFICATION AND THE OFFSETTING OF THAT ENERGY USE WITH
811		-	DISTRIBUTED ENERGY RESOURCES
812		-	; AND
813		-	(c) WHETHER REQUIRING A CUSTOMER THAT SEEKS TO
814		-	INTERCONNECT DISTRIBUTED ENERGY RESOURCES OR BENEFICIAL
815		-	ELECTRIFICATION RESOURCES TO THE INVESTOR
816		-	-OWNED ELECTRIC UTILITY'S
817		-	PAGE 16-SENATE BILL 23-291 ELECTRIC GRID TO BEAR THE FULL INCREMENTAL COST OF TRANSFORMER OR
818		-	SERVICE UPGRADES NEEDED AT THE TIME OF INTERCONNECTION IMPOSES AN
819		-	UNDUE BURDEN ON THE CUSTOMER
820		-	, WITH CONSIDERATION GIVEN TO
821		-	METHODS FOR SHARING THE COST RECOVERY AMONG CUSTOMERS
822		-	.
823		-	(2) I
824		-	N CONDUCTING THE STUDY PURSUANT TO SUBSECTION (1) OF
825		-	THIS SECTION
826		-	, THE COMMISSION SHALL CONSIDER WHETHER TO DIRECT AN
827		-	INVESTOR
828		-	-OWNED ELECTRIC UTILITY TO MAKE CHANGES :
829		-	(a) T
830		-	O ITS TARIFFS, POLICIES, PRACTICES, OR COST ALLOCATION;
831		-	(b) I
832		-	N THE ALLOCATION OF DISTRIBUTION SYSTEM COSTS , INCLUDING
833		-	THE COSTS OF TRANSFORMER
834		-	, SUBSTATION, OR SERVICE UPGRADES AS PART
835		-	OF THE UTILITY
836		-	'S INVESTMENT IN ITS DISTRIBUTION SYSTEM; AND
837		-	(c) TO ITS DISTRIBUTION SYSTEM PLANNING PROCESS TO BETTER
838		-	PLAN FOR AND ACCOMMODATE FUTURE BENEFICIAL ELECTRIFICATION AND
839		-	DISTRIBUTED ENERGY RESOURCE INVESTMENTS TO ALIGN WITH THE STATE
840		-	'S
841		-	GREENHOUSE GAS EMISSION REDUCTION GOALS SET FORTH IN SECTION
842		-	25-7-102 (2)(g).
843		-	(3) U
844		-	PON COMPLETION OF THE STUDY, THE COMMISSION SHALL POST
845		-	WRITTEN FINDINGS AND CONCLUSIONS FROM THE STUDY ON THE
846		-	COMMISSION
847		-	'S WEBSITE.
848		-	(4) T
849		-	HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2025.
850		-	SECTION 6. In Colorado Revised Statutes, 40-6-109, amend (1)
851		-	as follows:
852		-	40-6-109. Hearings - orders - record - review - representation of
853		-	entities in nonadjudicatory proceedings. (1) (a) (I) At the time fixed for
854		-	any hearing before the commission, any commissioner, or an administrative
855		-	law judge or at the time to which the same
856		-	HEARING may have been
857		-	continued, the applicant, petitioner, complainant, the person, firm, or
858		-	corporation complained of, and such persons, firms, or corporations as the
859		-	commission may allow to intervene and such persons, firms, or corporations
860		-	as will be interested in or affected by any order that may be made by the
861		-	commission in such proceeding and who shall have become parties to the
862		-	proceeding shall be THE FOLLOWING PERSONS ARE entitled to be heard,
863		-	PAGE 17-SENATE BILL 23-291 examine and cross-examine witnesses, and introduce evidence:
864		-	(A) T
865		-	HE APPLICANT;
866		-	(B) T
867		-	HE PETITIONER;
868		-	(C) T
869		-	HE COMPLAINANT;
870		-	(D) T
871		-	HE PERSON, FIRM, OR CORPORATION COMPLAINED OF ;
872		-	(E) S
873		-	UCH PERSONS, FIRMS, OR CORPORATIONS AS THE COMMISSION
874		-	MAY ALLOW TO INTERVENE
875		-	; AND
876		-	(F) SUCH PERSONS, FIRMS, OR CORPORATIONS AS WILL BE
877		-	INTERESTED IN OR AFFECTED BY ANY ORDER THAT MAY BE MADE BY THE
878		-	COMMISSION IN SUCH PROCEEDING AND WHO SHALL HAVE BECOME PARTIES
879		-	TO THE PROCEEDING
880		-	.
881		-	(II) A
882		-	LL PARTIES IN INTEREST ARE ENTITLED TO BE HEARD IN PERSON
883		-	OR BY ATTORNEY
884		-	.
885		-	(b) I
886		-	N A PROCEEDING BEFORE THE COMMISSION THAT RELATES TO AN
887		-	INVESTOR
888		-	-OWNED UTILITY'S APPLICATION FOR COST RECOVERY , THE
889		-	COMMISSION SHALL PERMIT A WHOLESALE CUSTOMER OF THE UTILITY TO
890		-	INTERVENE IF THE CUSTOMER DEMONSTRATES A PECUNIARY OR TANGIBLE
891		-	INTEREST IN THE PROCEEDING
892		-	.
	835	+	N A PROCEEDING BEFORE THE COMMISSION THAT RELATES TO21
	836	+	AN INVESTOR-OWNED UTILITY'S APPLICATION FOR COST RECOVERY , THE22
	837	+	COMMISSION SHALL
	838	+	PERMIT A WHOLESALE CUSTOMER OF THE UTILITY TO23
	839	+	INTERVENE IF THE CUSTOMER DEMONSTRATES A PECUNIARY OR TANGIBLE24
	840	+	INTEREST IN THE PROCEEDING.25
893	841		(c) A
894		-	REPORTER APPOINTED BY THE COMMISSION , A COMMISSIONER
895		-	IF DEEMED APPROPRIATE BY THE COMMISSION
896		-	, OR, AS APPLICABLE, AN
897		-	ADMINISTRATIVE LAW JUDGE SHALL TAKE DOWN AND RECORD
898		-	ELECTRONICALLY
899		-	a full and complete record of all proceedings had before
900		-	the commission, any commissioner, or an administrative law judge in any
901		-	formal hearing and all testimony. shall be taken down by any reporter
902		-	appointed by the commission or, as deemed appropriate by the commission,
903		-	a commissioner, or an administrative law judge, as applicable, recorded
904		-	electronically. All parties in interest shall be entitled to be heard in person
905		-	or by attorney.
906		-	SECTION 7. Appropriation. (1) For the 2023-24 state fiscal year,
907		-	$1,347,554 is appropriated to the department of regulatory agencies. This
908		-	PAGE 18-SENATE BILL 23-291 appropriation is from the public utilities commission fixed utility fund
909		-	created in section 40-2-114 (1)(b)(II), C.R.S. To implement this act, the
910		-	department may use this appropriation as follows:
911		-	(a) $307,883 for use by the public utilities commission for personal
912		-	services, which amount is based on an assumption that the commission will
913		-	require an additional 3.3 FTE;
914		-	(b) $31,135 for use by the public utilities commission for operating
915		-	expenses;
916		-	(c) $271,406 for use by the office of the utility consumer advocate
917		-	for personal services, which amount is based on an assumption that the
918		-	office will require an additional 2.5 FTE;
919		-	(d) $23,385 for use by the office of the utility consumer advocate for
920		-	operating expenses; and
921		-	(e) $713,745 for the purchase of legal services.
922		-	(2) For the 2023-24 state fiscal year, $713,745 is appropriated to the
923		-	department of law. This appropriation is from reappropriated funds received
924		-	from the department of regulatory agencies under subsection (1)(e) of this
925		-	section and is based on an assumption that the department of law will
926		-	require an additional 3.8 FTE. To implement this act, the department of law
927		-	may use this appropriation to provide legal services for the department of
928		-	regulatory agencies.
929		-	(3) For the 2023-24 state fiscal year, $142,749 is appropriated to the
930		-	department of law. This appropriation is from the legal services cash fund
931		-	created in section 24-31-108 (4), C.R.S., from revenue received from the
932		-	Colorado energy office in the office of the governor that originates as
933		-	custodial federal funds that the Colorado energy office has authority to
934		-	expend. The appropriation to the department of law is based on an
935		-	assumption that the department of law will require an additional 0.8 FTE.
936		-	To implement this act, the department of law may use this appropriation to
937		-	provide legal services for the Colorado energy office in the office of the
938		-	governor.
939		-	SECTION 8. Act subject to petition - effective date -
940		-	PAGE 19-SENATE BILL 23-291 applicability. (1) This act takes effect at 12:01 a.m. on the day following
941		-	the expiration of the ninety-day period after final adjournment of the
942		-	general assembly; except that, if a referendum petition is filed pursuant to
943		-	section 1 (3) of article V of the state constitution against this act or an item,
944		-	section, or part of this act within such period, then the act, item, section, or
945		-	part will not take effect unless approved by the people at the general
946		-	election to be held in November 2024 and, in such case, will take effect on
947		-	the date of the official declaration of the vote thereon by the governor.
948		-	PAGE 20-SENATE BILL 23-291 (2) This act applies to conduct occurring on or after the applicable
949		-	effective date of this act.
950		-	____________________________ ____________________________
951		-	Steve Fenberg
952		-	Julie McCluskie
953		-	PRESIDENT OF SPEAKER OF THE HOUSE
954		-	THE SENATE OF REPRESENTATIVES
955		-	____________________________ ____________________________
956		-	Cindi L. Markwell Robin Jones
957		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
958		-	THE SENATE OF REPRESENTATIVES
959		-	APPROVED________________________________________
960		-	(Date and Time)
961		-	_________________________________________
962		-	Jared S. Polis
963		-	GOVERNOR OF THE STATE OF COLORADO
964		-	PAGE 21-SENATE BILL 23-291
	842	+	REPORTER APPOINTED BY THE COMMISSION, A COMMISSIONER26
	843	+	IF DEEMED APPROPRIATE BY THE COMMISSION , OR, AS APPLICABLE, AN27
	844	+	291
	845	+	-23- ADMINISTRATIVE LAW JUDGE SHALL TAKE DOWN AND RECORD1
	846	+	ELECTRONICALLY a full and complete record of all proceedings had before2
	847	+	the commission, any commissioner, or an administrative law judge in any3
	848	+	formal hearing and all testimony. shall be taken down by any reporter4
	849	+	appointed by the commission or, as deemed appropriate by the5
	850	+	commission, a commissioner, or an administrative law judge, as6
	851	+	applicable, recorded electronically. All parties in interest shall be entitled7
	852	+	to be heard in person or by attorney.8
	853	+	SECTION 7. Appropriation. (1) For the 2023-24 state fiscal9
	854	+	year, $1,347,554 is appropriated to the department of regulatory agencies.10
	855	+	This appropriation is from the public utilities commission fixed utility11
	856	+	fund created in section 40-2-114 (1)(b)(II), C.R.S. To implement this act,12
	857	+	the department may use this appropriation as follows:13
	858	+	(a) $307,883 for use by the public utilities commission for14
	859	+	personal services, which amount is based on an assumption that the15
	860	+	commission will require an additional 3.3 FTE;16
	861	+	(b) $31,135 for use by the public utilities commission for17
	862	+	operating expenses;18
	863	+	(c) $271,406 for use by the office of the utility consumer advocate19
	864	+	for personal services, which amount is based on an assumption that the20
	865	+	office will require an additional 2.5 FTE;21
	866	+	(d) $23,385 for use by the office of the utility consumer advocate22
	867	+	for operating expenses; and23
	868	+	(e) $713,745 for the purchase of legal services.24
	869	+	(2) For the 2023-24 state fiscal year, $713,745 is appropriated to25
	870	+	the department of law. This appropriation is from reappropriated funds26
	871	+	received from the department of regulatory agencies under subsection27
	872	+	291
	873	+	-24- (1)(e) of this section and is based on an assumption that the department1
	874	+	of law will require an additional 3.8 FTE. To implement this act, the2
	875	+	department of law may use this appropriation to provide legal services for3
	876	+	the department of regulatory agencies.4
	877	+	(3) For the 2023-24 state fiscal year, $142,749 is appropriated to5
	878	+	the department of law. This appropriation is from the legal services cash6
	879	+	fund created in section 24-31-108 (4), C.R.S., from revenue received7
	880	+	from the Colorado energy office in the office of the governor that8
	881	+	originates as custodial federal funds that the Colorado energy office has9
	882	+	authority to expend. The appropriation to the department of law is based10
	883	+	on an assumption that the department of law will require an additional 0.811
	884	+	FTE. To implement this act, the department of law may use this12
	885	+	appropriation to provide legal services for the Colorado energy office in13
	886	+	the office of the governor.14
	887	+	SECTION 8. Act subject to petition - effective date -15
	888	+	applicability. (1) This act takes effect at 12:01 a.m. on the day following16
	889	+	the expiration of the ninety-day period after final adjournment of the17
	890	+	general assembly; except that, if a referendum petition is filed pursuant18
	891	+	to section 1 (3) of article V of the state constitution against this act or an19
	892	+	item, section, or part of this act within such period, then the act, item,20
	893	+	section, or part will not take effect unless approved by the people at the21
	894	+	general election to be held in November 2024 and, in such case, will take22
	895	+	effect on the date of the official declaration of the vote thereon by the23
	896	+	governor.24
	897	+	(2) This act applies to conduct occurring on or after the applicable25
	898	+	effective date of this act.26
	899	+	291
	900	+	-25-