SENATE BILL 23-291
BY SENATOR(S) Fenberg and Cutter, Buckner, Exum, Hansen,
Jaquez Lewis, Marchman, Moreno, Priola, Winter F.;
also REPRESENTATIVE(S) deGruy Kennedy and Martinez, Amabile,
Bacon, Bird, Boesenecker, Brown, Dickson, Duran, Froelich, Garcia,
Gonzales-Gutierrez, Jodeh, Joseph, Kipp, Lieder, Lindsay, Lindstedt,
Mabrey, McCormick, Parenti, Ricks, Sirota, Snyder, Story, Titone, Valdez,
Velasco, Vigil, Willford, McCluskie.
C
ONCERNING THE PUBLIC UTILITIES COMMISSION 'S REGULATION OF ENERGY
UTILITIES
, AND, IN CONNECTION THEREWITH , MAKING AN
APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 40-2-139 as
follows:
40-2-139. Investor-owned utility electric resource planning -
maximum discount rate authorized. I
F THE COMMISSION RELIES ON THE
USE OF A DISCOUNT RATE WHEN CALCULATING NET PRESENT VALUE OF
FUTURE CARBON
-BASED FUEL COSTS IN AN ELECTRIC RESOURCE PLAN , THE
DISCOUNT RATE MUST NOT EXCEED THE LONG
-TERM RATE OF INFLATION, AS
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.
________
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. DETERMINED BY THE COMMISSION . IN DETERMINING THE LONG-TERM RATE
OF INFLATION
, THE COMMISSION SHALL DETERMINE AN APPROPRIATE RATE
OF INFLATION SPECIFICALLY FOR FUEL COSTS
.
SECTION 2. In Colorado Revised Statutes, add 40-3-102.5 as
follows:
40-3-102.5. Limiting rate case expenses for investor-owned
utilities - information included in rate case filings - gas cost or electric
commodity adjustment filings - rules - definitions. (1) Limiting
recovery of rate case expenses. (a) T
HE COMMISSION SHALL ESTABLISH
RULES TO LIMIT THE AMOUNT OF RATE CASE EXPENSES THAT A UTILITY MAY
RECOVER FROM RATEPAYERS
. IN ESTABLISHING THE RULES, THE COMMISSION
MAY CONSIDER
:
(I) I
MPLEMENTING A SYMMETRICAL INCENTIVE TO MOTIVATE THE
UTILITY TO LIMIT EXPENSES
;
(II) L
IMITING THE AMOUNT OF EXPENSES FOR OUTSIDE EXPERTS ,
CONSULTANTS, AND LEGAL RESOURCES THAT ARE RECOVERABLE ;
(III) S
ETTING AN OVERALL PERCENTAGE OF THE UTILITY 'S EXPENSES
IN A RATE CASE THAT ARE NOT RECOVERABLE
;
(IV) E
STABLISHING DISCOVERY PARAMETERS AND WHAT
INFORMATION IN A COMMISSION PROCEEDING MUST BE DISCLOSED TO
INTERVENERS OR TO THE COMMISSION TO REDUCE TIME AND COSTS
ASSOCIATED WITH A LENGTHY DISCOVERY PROCESS
, WHICH INFORMATION
MAY INCLUDE
:
(A) A
SOURCE MODEL SHOWING ALL RATE ADJUSTMENTS ;
(B) E
XECUTABLE SPREADSHEETS , ALSO REFERRED TO AS
WORKPAPERS
, WITH LINKS AND FORMULAS INTACT ;
(C) A
TEST YEAR BASED ON A RECENTLY COMPLETED
TWELVE
-MONTH PERIOD AND FOR WHICH ACTUAL COSTS AND INVESTMENTS
ARE ANALYZED
; AND
(D) ANY OTHER INFORMATION OR DOCUMENTATION , AS DETERMINED
PAGE 2-SENATE BILL 23-291 BY THE COMMISSION; OR
(V) REQUIRING A TECHNICAL CONFERENCE WITH INTERVENING
PARTIES TO ADDRESS INTERVENING PARTIES
' QUESTIONS AND TO PROVIDE
THE ABILITY FOR INTERVENERS TO ANALYZE THE UTILITY
'S ASSUMPTIONS
AND CALCULATIONS SUPPORTING A RATE CASE FILING
.
(b) B
EFORE THE COMMISSION MAY DETERMINE THAT AN
INVESTOR
-OWNED UTILITY'S APPLICATION TO MODIFY BASE RATES IS
COMPLETE
, THE COMMISSION SHALL CERTIFY THAT , FOR COMPARISON OF
TEST YEARS AND OTHER PURPOSES
, THE FILING INCLUDES SUFFICIENT
INFORMATION
, INCLUDING A COMPREHENSIVE COST AND REVENUE
REQUIREMENT ANALYSIS BASED ON ACTUAL
, AUDITABLE, HISTORICAL DATA,
WHICH ANALYSIS MUST BE ACCOMPANIED BY APPROPRIATE WORKPAPERS
AND OTHER SUPPORTING MATERIALS
.
(c) N
OTHING IN THIS SECTION PROHIBITS A UTILITY FROM INCLUDING
MULTIPLE TEST YEARS FOR ANALYSIS OR CONSIDERATION IN A RATE CASE
FILING
, INCLUDING INCLUSION OF A FUTURE TEST YEAR .
(d) A
S USED IN THIS SUBSECTION (1):
(I) "B
ASE RATE" MEANS CHARGES USED TO RECOVER COSTS OF
UTILITY INFRASTRUCTURE AND OPERATIONS
, INCLUDING A RETURN ON
CAPITAL INVESTMENT
, NOT OTHERWISE RECOVERED THROUGH A UTILITY
RATE RIDER OR RATE ADJUSTMENT MECHANISM
.
(II) "T
EST YEAR" MEANS A TWELVE -MONTH PERIOD THAT IS
EXAMINED TO DETERMINE A UTILITY
'S COSTS OF SERVICE IN A RATE CASE.
(III) "U
TILITY" MEANS AN INVESTOR-OWNED ELECTRIC OR GAS
UTILITY
.
(2) Requirements for filings to increase a rate, charge, fee, fare,
toll, rental, or classification. (a) A
T THE TIME OF FILING A REQUEST TO
INCREASE ANY RATE
, CHARGE, FEE, FARE, TOLL, RENTAL, OR
CLASSIFICATION
, THE UTILITY SHALL PROVIDE THE COMMISSION A RATE
TREND REPORT FOR THE PREVIOUS TEN YEARS REGARDING ANY HISTORICAL
INCREASES OR DECREASES OF THE RATE
, CHARGE, FEE, FARE, TOLL, RENTAL,
OR CLASSIFICATION, INCLUDING:
PAGE 3-SENATE BILL 23-291 (I) THE AMOUNT OF EACH APPROVED INCREASE OR DECREASE ;
(II) T
HE INCREMENTAL INCREASE OR DECREASE FROM THE MOST
RECENT APPROVED CHANGE
;
(III) T
HE DATES THAT EACH APPROVED INCREASE OR DECREASE
WENT INTO EFFECT
;
(IV) T
HE PROCEEDING NUMBER RELATED TO EACH APPROVED
INCREASE OR DECREASE
;
(V) A
CHART, GRAPH, OR OTHER VISUALIZATION DEMONSTRATING
THE TEN
-YEAR HISTORICAL TREND REGARDING EACH RATE , CHARGE, FEE,
FARE, TOLL, RENTAL, OR CLASSIFICATION, INCLUDING ALL UTILITY BILL LINE
ITEMS SUCH AS RATES AND RATE RIDERS
; AND
(VI) FOR EACH OF THE TEN YEARS, THE ANNUAL TOTAL AMOUNT OF
THE RATE
, CHARGE, FEE, FARE, TOLL, RENTAL, OR CLASSIFICATION.
(b) E
ACH UTILITY SHALL POST AND KEEP CURRENT ON ITS WEBSITE
THE RATE TREND REPORT DATA
, INCLUDING THE CHART, GRAPH, OR OTHER
VISUALIZATION DEMONSTRATING THE TEN
-YEAR HISTORICAL TREND
SUBMITTED AS PART OF THE RATE TREND REPORT
. ANY VISUALIZATION MUST
INCLUDE ALL UTILITY BILL LINE ITEMS
, INCLUDING ALL RATES AND RATE
RIDERS
.
(3) Gas cost or electric commodity adjustment filing
requirements. A
UTILITY THAT FILES A GAS COST ADJUSTMENT FILING OR AN
ELECTRIC COMMODITY ADJUSTMENT FILING SHALL PROVIDE COPIES OF ALL
CONFIDENTIAL MATERIALS AND ALL EXECUTABLE MATERIALS RELATED TO
THE FILING TO THE COMMISSION
'S STAFF AND THE OFFICE OF THE UTILITY
CONSUMER ADVOCATE CREATED IN SECTION
40-6.5-102 (1).
SECTION 3. In Colorado Revised Statutes, amend 40-3-114 as
follows:
40-3-114. Cost recovery - prohibitions - reporting - penalties -
definitions. (1) The commission shall ensure that regulated electric and gas
utilities do not use ratepayer funds to subsidize nonregulated activities.
PAGE 4-SENATE BILL 23-291 (2) A UTILITY SHALL NOT RECOVER THE FOLLOWING COSTS FROM ITS
CUSTOMERS
, WHETHER AS PART OF PROPOSED BASE RATE COSTS , A RIDER, OR
OTHER CHARGES
:
(a) M
ORE THAN FIFTY PERCENT OF ANNUAL TOTAL COMPENSATION
OR OF EXPENSE REIMBURSEMENT FOR MEMBERS OF THE BOARD OF
DIRECTORS OF THE UTILITY
;
(b) T
AX PENALTIES OR FINES ISSUED AGAINST THE UTILITY;
(c) I
NVESTOR-RELATION EXPENSES;
(d) A
DVERTISING AND PUBLIC RELATIONS EXPENSES THAT DO NOT
DIRECTLY RELATE TO A PURPOSE OR PROGRAM THAT IS REQUIRED OR
AUTHORIZED UNDER STATUTE OR COMMISSION RULE OR ORDER
.
A
DVERTISING AND PUBLIC RELATIONS EXPENSES FOR WHICH COST RECOVERY
IS PROHIBITED INCLUDE
:
(I) C
OMMUNICATIONS TO PROMOTE OR IMPROVE THE UTILITY 'S
BRAND
;
(II) E
XPENSES FOR THE PURPOSE OF INFLUENCING PUBLIC OPINION
ABOUT THE UTILITY
; AND
(III) EXPENSES INTENDED TO CREATE GOOD WILL TOWARD THE
UTILITY FROM THE GENERAL PUBLIC
.
(e) E
XPENSES FOR LOBBYING OR OTHER ACTIVITIES MEANT TO
INFLUENCE THE OUTCOME OF ANY LOCAL
, STATE, OR FEDERAL LEGISLATION,
ORDINANCE, RESOLUTION, OR BALLOT MEASURE;
(f) C
HARITABLE GIVING EXPENSES, INCLUDING CONTRIBUTIONS TO
ORGANIZATIONS QUALIFIED UNDER SECTION
501 (c)(3) OR 501 (c)(4) OF THE
FEDERAL
"INTERNAL REVENUE CODE OF 1986", 26 U.S.C. SEC. 501, AS
AMENDED
;
(g) O
RGANIZATIONAL OR MEMBERSHIP DUES , OR OTHER
CONTRIBUTIONS
, TO ANY ORGANIZATION , ASSOCIATION, INSTITUTION,
CORPORATION, OR OTHER ENTITY THAT ENGAGES IN LOBBYING OR OTHER
SIMILAR ACTIVITIES INTENDED TO INFLUENCE THE OUTCOME OF ANY LOCAL
,
PAGE 5-SENATE BILL 23-291 STATE, OR FEDERAL LEGISLATION, ORDINANCE, RESOLUTION, RULE, BALLOT
MEASURE
, OR OTHER REGULATORY DECISION ;
(h) C
ONTRIBUTIONS TO POLITICAL CANDIDATES , CAMPAIGN
COMMITTEES
, ISSUE COMMITTEES , OR INDEPENDENT EXPENDITURE
COMMITTEES OR SIMILAR POLITICAL EXPENSES
;
(i) T
RAVEL, LODGING, FOOD, AND BEVERAGE EXPENSES FOR THE
UTILITY
'S BOARD OF DIRECTORS AND OFFICERS;
(j) E
NTERTAINMENT OR GIFT EXPENSES ;
(k) E
XPENSES RELATED TO ANY OWNED , LEASED, OR CHARTERED
AIRCRAFT FOR THE UTILITY
'S BOARD OF DIRECTORS AND OFFICERS; OR
(l) EXPENSES RELATED TO MARKETING AND ADMINISTRATION OR
CUSTOMER SERVICE FOR UNREGULATED PRODUCTS OR SERVICES PROVIDED
OR SOLD BY THE UTILITY OR THE UTILITY
'S AFFILIATES.
(3) S
UBSECTIONS (2)(g) AND (2)(h) OF THIS SECTION SHALL NOT BE
CONSTRUED TO APPLY TO A UTILITY EMPLOYEE
'S OR CONTRACT WORKER'S
ACTIVITIES RESULTING FROM ANY VOLUNTARY DUES DEDUCTIONS THAT ARE
PROCESSED THROUGH STANDAR D PAYROLL PROCESSES
.
(4) (a) N
OTWITHSTANDING PENALTIES SET FORTH IN ARTICLE 7 OF
THIS TITLE
40, IF THE COMMISSION DETERMINES THAT A UTILITY IMPROPERLY
RECOVERED COSTS PURSUANT TO SUBSECTION
(2) OF THIS SECTION, THE
COMMISSION MAY ASSESS A NONRECOVERABLE PENALTY AGAINST THE
UTILITY
.
(b) I
N ADDITION TO ASSESSING A NONRECOVERABLE PENALTY
AGAINST A UTILITY PURSUANT TO SUBSECTION
(3)(a) OF THIS SECTION, THE
COMMISSION SHALL ORDER THE UTILITY TO REFUND THE AMOUNT
IMPROPERLY RECOVERED PURSUANT TO SUBSECTION
(2) OF THIS SECTION,
PLUS INTEREST, TO CUSTOMERS.
(5) T
HE COMMISSION SHALL REQUIRE A UTILITY TO FILE AN ANNUAL
REPORT WITH THE COMMISSION TO ENSURE THE UTILITY
'S COMPLIANCE WITH
THIS SECTION
. THE REPORT MUST INCLUDE THE PURPOSE , PAYEE, AND
AMOUNT OF ANY EXPENSES ASSOCIATED WITH THE COSTS AND ACTIVITIES
PAGE 6-SENATE BILL 23-291 THAT ARE NOT PERMITTED TO BE RECOVERED FROM CUSTOMERS PURSUANT
TO THIS SECTION
.
(6) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES
:
(a) (I) "A
DVERTISING" MEANS THE ACT OF PUBLISHING ,
DISSEMINATING, SOLICITING, OR CIRCULATING WRITTEN, ONLINE, VIDEO, OR
AUDIO COMMUNICATION INTENDED TO INDUCE A PERSON TO PATRONIZE A
PRODUCT
, SERVICE, BUSINESS, OR INDUSTRY; PROMOTE A BUSINESS'S BRAND;
OTHERWISE EMPHASIZE DESIRABLE QUALITIES ABOUT A PRODUCT , SERVICE,
BUSINESS, OR INDUSTRY; OR INFLUENCE PUBLIC OPINION WITH RESPECT TO
LEGISLATIVE
, ADMINISTRATIVE, OR ELECTORAL MATTERS.
(II) "A
DVERTISING" DOES NOT INCLUDE:
(A) A
DVERTISING REQUIRED OR AUTHORIZED BY LAW , REGULATION,
OR ORDER;
(B) A
DVERTISING DIRECTLY RELATED TO A PURPOSE OR PROGRAM
REGARDING INCOME
-BASED SERVICE, SPECIAL RATES, PILOT PROGRAMS,
ENERGY CONSERVATION, ENERGY EFFICIENCY, BENEFICIAL ELECTRIFICATION,
RENEWABLE ENERGY , TRANSPORTATION ELECTRIFICATION , OR OTHER
CONSUMER EDUCATION INFORMATION
;
(C) A
DVERTISING REGARDING SERVICE INTERRUPTIONS , SAFETY
MEASURES
, OR EMERGENCY CONDITIONS; OR
(D) ADVERTISING CONCERNING EMPLOYMENT OPPORTUNITIES WITH
THE UTILITY
.
(b) "A
IRCRAFT" HAS THE MEANING SET FORTH IN SECTION 41-2-101
(1).
(c) "B
ASE RATE" HAS THE MEANING SET FORTH IN SECTION
40-3-102.5 (1)(d)(I).
(d) "E
LECTRIC UTILITY" MEANS AN INVESTOR-OWNED ELECTRIC
UTILITY IN THE STATE
.
PAGE 7-SENATE BILL 23-291 (e) "EXPENSES" MEANS ANY PAYMENT MADE IN THE FORM OF
COMPENSATION THAT A UTILITY PAYS TO AN EXTERNAL FIRM
, A CORPORATE
AFFILIATE
, OR AN EMPLOYEE OF THE UTILITY.
(f) "G
AS UTILITY" MEANS AN INVESTOR-OWNED GAS UTILITY IN THE
STATE
.
(g) "L
OBBYING" MEANS DIRECTLY, OR THROUGH THE SOLICITATION
OF OTHERS
, COMMUNICATING WITH A PERSON THAT IS IN A POSITION TO
MAKE A POLICY DECISION IN ORDER TO INFLUENCE THE OUTCOME OF LOCAL
,
STATE, OR FEDERAL LEGISLATION.
(h) "R
ATE CASE" MEANS A FORMAL HEARING OF THE COMMISSION TO
DETERMINE IF THE BASE RATES OF AN ELECTRIC UTILITY OR GAS UTILITY ARE
JUST AND REASONABLE PURSUANT TO SECTION
40-3-101.
(i) "R
IDER" MEANS A CHARGE ADDED TO A UTILITY BILL TO RECOVER
A SPECIFIC COST THAT IS NOT PART OF THE BASE RATE
.
(j) "U
TILITY" MEANS AN INVESTOR-OWNED ELECTRIC UTILITY OR GAS
UTILITY IN THE STATE
.
SECTION 4. In Colorado Revised Statutes, add 40-3-120 and
40-3-121 as follows:
40-3-120. Fuel cost sharing - gas utilities- electric utilities - rules.
(1) (a) O
N OR BEFORE NOVEMBER 1, 2023, AN INVESTOR-OWNED GAS
UTILITY SHALL FILE WITH THE COMMISSION A GAS PRICE RISK MANAGEMENT
PLAN THAT INCLUDES PROPOSALS FOR LEVELING OR REDUCING THE
VOLATILITY OF FUEL COSTS THAT ARE RECOVERED PURSUANT TO THE
UTILITY
'S GAS COST ADJUSTMENT FILINGS . SUCH PLAN MUST INCLUDE A
MAXIMUM PER
-MONTH FUEL COST THAT ACCOUNTS FOR PRICE
FLUCTUATIONS BASED ON SEASONALITY AND CAN BE AUTOMATICALLY
RECOVERED THROUGH THE GAS COST ADJUSTMENT MECHANISM
. THE PLAN
MAY INCLUDE OTHER ELEMENTS SUCH AS PHYSICAL HEDGING
, FINANCIAL
HEDGING
, FUEL STORAGE, OR LONG-TERM CONTRACTING.
(b) T
HE COMMISSION SHALL ALLOW ANY PRUDENTLY INCURRED
COSTS ABOVE THE MAXIMUM MONTHLY FUEL COST INCLUDED IN AN
INVESTOR
-OWNED GAS UTILITY'S PLAN PURSUANT TO SUBSECTION (1)(a) OF
PAGE 8-SENATE BILL 23-291 THIS SECTION TO BE RECORDED IN A DEFERRED BALANCE THAT IS
RECOVERABLE AND AMORTIZED OVER AN APPROPRIATE TIMELINE OF NO
MORE THAN FIVE YEARS WITH FI NANCING COSTS
, AS DETERMINED BY THE
COMMISSION
.
(c) T
HE COMMISSION SHALL APPROVE , AMEND, OR DENY A PLAN
SUBMITTED PURSUANT TO THIS SUBSECTION
(1) BASED ON A DETERMINATION
OF THE BEST INTERESTS OF A UTILITY
'S RATEPAYERS, INSOFAR AS THE
COMMISSION FINDS THAT THE PLAN IS IN THE PUBLIC INTEREST
.
(2) (a) O
N OR BEFORE JANUARY 1, 2025, THE COMMISSION SHALL
ADOPT RULES TO ESTABLISH MECHANISMS TO ALIGN THE FINANCIAL
INCENTIVES OF AN INVESTOR
-OWNED ELECTRIC OR GAS UTILITY WITH THE
INTERESTS OF THE UTILITY
'S CUSTOMERS REGARDING INCURRED FUEL COSTS .
(b) T
HE MECHANISMS ESTABLISHED BY RULE PURS UANT TO
SUBSECTION
(2)(a) OF THIS SECTION MUST BE DESIGNED TO PROTECT
CUSTOMERS AND TO IMPROVE THE UTILITY
'S MANAGEMENT OF FUEL COSTS.
T
HE COMMISSION SHALL TAILOR THE MECHANISMS TO APPLY TO DIFFERENT
UTILITIES BASED ON A UTILITY
'S SIZE OR ABILITY TO IMPLEMENT THE
MECHANISMS
.
(c) T
HE COMMISSION MAY ESTABLISH A SYMMETRICAL INCENTIVE
FOR THE UTILITY TO SUCCESSFULLY IMPLEMENT THE MECHANISMS
.
(3) I
N ADOPTING THE RULES PURSUANT TO SUBSECTION (2)(a) OF
THIS SECTION
, THE COMMISSION:
(a) S
HALL CONSIDER:
(I) S
YMMETRICALLY ALLOCATING AN AMOUNT OF FUEL PRICE RISK
TO THE INVESTOR
-OWNED ELECTRIC OR GAS UTILITY , SUBJECT TO
REASONABLE PARAMETERS
, INCLUDING:
(A) A
RANGE OF OUTCOMES WITHIN WHICH NO RISK SHARING
OCCURS
; AND
(B) A CAP ON ANY INCENTIVE OR COST SHARE THAT RESULTS FROM
THE RISK
-MITIGATION MECHANISM; AND
PAGE 9-SENATE BILL 23-291 (II) MECHANISMS TO IMPROVE ELECTRICITY PRODUCTION COST
EFFICIENCY WHILE MINIMIZING FUEL COSTS
, SUCH AS SYMMETRICALLY
ALLOCATING A PORTION OF IMPROVEMENTS OR DEGRADATIONS IN
ELECTRICITY PRODUCTION PER DOLLAR OF FUEL OR PER DOLLAR OF
ACQUISITION COSTS INCURRED
; AND
(b) SHALL CONSIDER, TO THE EXTENT SUCH INFORMATION IS
RELEVANT
:
(I) T
HE FINANCIAL HEALTH OF THE UTILITY AND CORRESPONDING
IMPACTS ON CUSTOMER AFFORDABILITY
; AND
(II) THE UTILITY'S ABILITY TO MAKE INVESTMENTS TO ACHIEVE THE
STATE
'S ENERGY POLICY OBJECTIVES IN AN AFFORDABLE MANNER FOR
CUSTOMERS
.
(4) N
OTHING IN THIS SECTION:
(a) S
HALL BE CONSTRUED TO AUTOMATICALLY SHIFT RISK TO THE
INVESTOR
-OWNED ELECTRIC OR GAS UTILITY; OR
(b) WARRANTS AN AUTOMATIC ADJUSTMENT TO THE AMOUNT OF
ALLOWABLE RETURN ON EQUITY OR ANY OTHER RATE
-MAKING METRIC.
40-3-121. Natural gas cost causation study - commission
proceeding - reporting - repeal. (1) (a) W
ITHIN SIXTY DAYS AFTER THE
COMMISSION ISSUES A FINAL
, NONAPPEALABLE DECISION REGARDING THE
FIRST CLEAN HEAT PLAN FILED PURSUANT TO SECTION
40-3.2-108 BY A
NATURAL GAS UTILITY THAT SERVES MORE THAN FIVE HUNDRED THOUSAND
CUSTOMERS
, THE COMMISSION SHALL OPEN A PROCEEDING TO INVESTIGATE
WHETHER AND HOW RESIDENTIAL DEVELOPMENT AND OTHER DEVELOPMENT
IN CERTAIN GEOGRAPHIC AREAS DRIVE NATURAL GAS INFRASTRUCTURE
COSTS FOR ANY NATURAL GAS UTILITY THAT SERVES MORE THAN FIVE
HUNDRED THOUSAND CUSTOMERS IN THE STATE
, PARTICULARLY WITH
REGARD TO THE IMPACT THAT THE DEVELOPMENT HAS ON
NONPARTICIPATING INCOME
-QUALIFIED CUSTOMERS.
(b) T
HE PROCEEDING MUST IDENTIFY SPECIFIC, NEW LARGE NATURAL
GAS INFRASTRUCTURE INVESTMENTS AND
, FOR EACH INVESTMENT
IDENTIFIED
, DETERMINE THE EXTENT TO WHICH NEW RESIDENTIAL
PAGE 10-SENATE BILL 23-291 DEVELOPMENT OR OTHER DEVELOPMENT BY A GEOGRAPHIC AREA IS
DISPROPORTIONATELY NECESSITATING THAT INVESTMENT
.
(c) T
HE PROCEEDING MUST INCLUDE A CALCULATION OF THE
BENEFITS AND COSTS OF THE GROWTH IN NEW RESIDENTIAL DEVELOPMENT
AND OTHER DEVELOPMENT TO BOTH THE NATURAL GAS UTILITY CUSTOMERS
FOR WHOM THE INFRASTRUCTURE INVESTMENT IS BEING MADE AND
NONPARTICIPATING RETAIL AND WHOLESALE NATURAL GAS UTILITY
CUSTOMERS
, PARTICULARLY THOSE NONPARTICIPATING CUSTOMERS WHO
ARE INCOME
-QUALIFIED CUSTOMERS.
(2) A
FTER COMPLETION OF THE INVESTIGATION , THE COMMISSION
SHALL HOLD A HEARING IN THE INVESTIGATORY PROCEEDING
, AT WHICH THE
COMMISSION SHALL CONSIDER THE INFORMATION GATHERED IN THE
INVESTIGATION AND PUBLIC COMMENTS WITH RESPECT TO A NATURAL GAS
UTILITY THAT SERVES MORE THAN FIVE HUNDRED THOUSAND CUSTOMERS IN
THE STATE
, TO:
(a) D
ETERMINE WHETHER ALTERNATIVE INFRASTRUCTURE , SERVICE
INVESTMENTS
, OR OTHER UTILITY ACTIONS COULD MITIGATE IMPACTS ON
NONPARTICIPATING OR INCOME
-QUALIFIED CUSTOMERS IN A MANNER THAT
IS NECESSARY
, APPROPRIATE, AND COULD HELP REDUCE GREENHOUSE GAS
EMISSIONS IN ALIGNMENT WITH THE
"COLORADO GREENHOUSE GAS
POLLUTION REDUCTION ROADMAP", PUBLISHED BY THE COLORADO ENERGY
OFFICE
; AND
(b) IDENTIFY THE UP-FRONT AND SERVICE LIFE ANNUALIZED COSTS
AND BENEFITS OF THE ALTERNATIVES IDENTIFIED IN SUBSECTION
(2)(a) OF
THIS SECTION
.
(3) T
HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2025.
SECTION 5. In Colorado Revised Statutes, add 40-3.2-104.3,
40-3.2-104.4, 40-3.2-104.5, and 40-3.2-104.6 as follows:
40-3.2-104.3. Eliminating incentives for gas service to properties
- gas line extension allowances - exemptions - definitions. (1) A
S USED
IN THIS SECTION
, UNLESS THE CONTEXT OTHERWISE REQUIRES :
(a) "A
PPLICANT" MEANS A PERSON THAT REQUESTS NATURAL GAS
PAGE 11-SENATE BILL 23-291 SERVICE AND THAT OWNS THE REAL PROPERTY REQUIRING THE SERVICE .
"A
PPLICANT" INCLUDES A DEVELOPER, BUILDER, LEGAL ENTITY, OR OTHER
PERSON THAT HAS LEGAL AUTHORITY OVER THE PROPERTY
.
(b) "D
UAL-FUEL UTILITY" MEANS A UTILITY THAT OFFERS ITS
CUSTOMERS BOTH ELECTRIC AND GAS SERVICE
.
(c) "G
AS UTILITY" MEANS A GAS UTILITY THAT THE COMMISSION
REGULATES WITH RESPECT TO RATES AND CHARGES
.
(d) "L
INE EXTENSION ALLOWANCE" MEANS A BUNDLE OF COSTS THAT
INCLUDES CONSTRUCTION ALLOWANCES FOR NEW SERVICE LINES
, METERS,
AND OTHER INFRASTRUCTURE ASSOCIATED WITH THE ADDITION OF A NEW
CUSTOMER TO A GAS UTILITY
'S DISTRIBUTION SYSTEM.
(2) (a) A
GAS UTILITY SHALL NOT PROVIDE AN APPLICANT AN
INCENTIVE
, INCLUDING A LINE EXTENSION ALLOWANCE , TO ESTABLISH GAS
SERVICE TO A PROPERTY
.
(b) T
HE COMMISSION MAY REQUIRE A DUAL -FUEL UTILITY TO
PROVIDE ITS CUSTOMERS THAT RECEIVE GAS AND ELECTRIC SERVICE FROM
THE UTILITY WITH RELEVANT INFORMATION REGARDING OPTIONS FOR
SWITCHING TO HIGH
-EFFICIENCY ELECTRIC SPACE HEATING OR WATER
HEATING
, INCLUDING:
(I) A
LIST OF APPLIANCES, FOR WHICH THE UTILITY PROVIDES
INCENTIVES OR REBATES
; AND
(II) FOR EXISTING OR PROSPECTIVE CUSTOMERS THAT ARE
GOVERNMENT ENTITIES
, A COST-BENEFIT ANALYSIS OF ELECTRIFICATION
OPTIONS THAT INCLUDES UP
-FRONT AND LIFETIME COSTS, WHICH ANALYSIS
MUST TAKE INTO ACCOUNT AVAILABLE INCENTIVES AND REBATES AND USE
A REASONABLE COST THAT REFLECTS GAS PRICE VOLATILITY
.
(c) O
N OR BEFORE DECEMBER 31, 2023, EACH GAS UTILITY SHALL
FILE WITH THE COMMISSION AN UPDATED TARIFF TO REFLECT THE REMOVAL
OF ANY INCENTIVES FOR AN APPLICANT TO ESTABLISH GAS SERVICE TO A
PROPERTY
.
(d) N
OTWITHSTANDING SUBSECTION (2)(c) OF THIS SECTION, A
PAGE 12-SENATE BILL 23-291 UTILITY MAY EXEMPT FROM THE UPDATED TARIFF ANY APPLICANT THAT :
(I) H
AS ALREADY SUBMITTED AN APPLICATION THAT HAS BEEN
APPROVED OR IS PENDING AS OF THE EFFECTIVE DATE OF THIS SECTION
;
(II) C
AN DEMONSTRATE OR ATTEST THAT THE APPLICANT HAS
SUBMITTED A PERMIT APPLICATION TO THE LOCAL GOVERNMENT WITH
PERMITTING AUTHORITY IN THE LOCATION OF THE PROPERTY AND THAT THE
APPLICATION IS EITHER APPROVED OR PENDING AS OF THE EFFECTIVE DATE
OF THIS SECTION
; OR
(III) CAN DEMONSTRATE OR ATTEST THAT THE APPLICANT HAS
SUBMITTED TO A LOCAL GOVERNMENT A SITE DEVELOPMENT PLAN OR PLAT
THAT IS EITHER APPROVED OR PENDING AS OF THE EFFECTIVE DATE OF THIS
SECTION
; EXCEPT THAT AN APPLICANT THAT HAS SUBMITTED A SITE
DEVELOPMENT PLAN OR PLAT FOR WHICH A PERMIT APPLICATION TO THE
LOCAL GOVERNMENT HAS NOT BEEN APPROVED ON OR BEFORE
DECEMBER
31, 2024, IS NOT EXEMPT.
40-3.2-104.4. Colorado energy office gas investment asset
depreciation study - third-party evaluation - commission rules.
(1) (a) O
N OR BEFORE JULY 1, 2024, THE COLORADO ENERGY OFFICE
CREATED IN SECTION
24-38.5-101 (1) SHALL CONTRACT WITH AN
INDEPENDENT THIRD PARTY TO EVALUATE THE RISK OF STRANDED OR
UNDERUTILIZED NATURAL GAS INFRASTRUCTURE INVESTMENTS AND THE
ANNUAL PROJECTED RATE IMPACT ON RATEPAYERS
.
(b) T
HE EVALUATION MUST TAKE INTO ACCOUNT :
(I) A
NY PROJECTED DECLINE IN GAS SALES;
(II) T
HE DECLINE IN THE NUMBER OF GAS CUSTOMERS ; AND
(III) MEASURES TO ACHIEVE THE GREENHOUSE GAS EMISSION
REDUCTION GOALS SET FORTH IN SECTION
25-7-102 (2)(g).
(c) T
HE INDEPENDENT THIRD PARTY SHALL CONDUCT AN ANALYSIS
OF
, AND INCLUDE POLICY RECOMMENDATIONS RELATED TO , THE POTENTIAL
IMPACTS OF STRANDED OR UNDERUTILIZED NATURAL GAS INFRASTRUCTURE
ON UTILITY EMPLOYEES WHO WORK FOR
, OR CONTRACT WORKERS WHO
PAGE 13-SENATE BILL 23-291 PERFORM WORK FOR, INVESTOR-OWNED GAS UTILITIES. IN CONDUCTING THE
STUDY
, THE INDEPENDENT THIRD PARTY SHALL CONSULT WITH APPROPRIATE
LABOR ORGANIZATIONS THAT REPRESENT UTILITY EMPLOYEES WHO WORK
FOR
, AND CONTRACT WORKERS WHO PERFORM WORK FOR , INVESTOR-OWNED
GAS UTILITIES AND OTHER RELEVANT STAKEHOLDERS
.
(2) A
FTER THE INDEPENDENT THIRD-PARTY EVALUATION DESCRIBED
IN SUBSECTION
(1) OF THIS SECTION IS COMPLETED, THE COLORADO ENERGY
OFFICE SHALL SUBMIT A WRITTEN COPY OF THE FINDINGS AND CONCLUSIONS
OF THE EVALUATION TO THE COMMISSION
. THE COMMISSION SHALL REVIEW
THE EVALUATION AND CONSIDER WHETHER ANY CHANGES TO RULES OR
DEPRECIATION SCHEDULES ARE WARRANTED
.
(3) (a) A
N INVESTOR-OWNED GAS UTILITY SHALL PROVIDE AS PART
OF ANY GAS INFRASTRUCTURE PLAN
, OR AS OTHERWISE DIRECTED BY THE
COMMISSION
, A MAP SHOWING SYSTEM -WIDE LOCATIONS, AGES, AND
MATERIALS OR TYPES OF GAS DISTRIBUTION SYSTEM PIPES
, CONSISTENT WITH
49 CFR 191 AND SECTION 40-2-115 (1)(d).
(b) A
S PART OF THE FILING, THE INVESTOR-OWNED GAS UTILITY
SHALL ALSO PROVIDE INFORMATION ABOUT PIPES THAT MAY NEED TO BE
UPGRADED OR REPLACED WITHIN TEN YEARS AFTER THE DATE THAT THE
UTILITY FILES THE PLAN
, UNLESS OTHERWISE DIRECTED BY THE COMMISSION .
(c) T
HE COMMISSION SHALL ENSURE THAT THE CONTENT OF THE MAP
PROVIDED TO THE COMMISSION AND SHARING PROCEDURES ARE IN
COMPLIANCE WITH THE PARAMETERS RELATED TO CRITICAL
INFRASTRUCTURE REPORTING STANDARDS OF THE
CALIFORNIA INSTITUTE
FOR
ENERGY AND ENVIRONMENT, OR ITS SUCCESSOR ORGANIZATION, AND
THE SAFETY AND SYSTEM INTEGRITY STANDARDS OF THE
AMERICAN
PETROLEUM INSTITUTE, OR ITS SUCCESSOR ORGANIZATION.
(d) (I) A
N INVESTOR-OWNED GAS UTILITY MAY DESIGNATE ANY MAP
OR ASSOCIATED INFORMATION PROVIDED PURSUANT TO THIS SUBSECTION
(3)
AS CONTAINING CRITICAL INFRASTRUCTURE INFORMATION . IF THE
COMMISSION DETERMINES THAT THE DESIGNATED MAP OR ASSOCIATED
INFORMATION DOES NOT CONTAIN CRITICAL INFRASTRUCTURE INFORMATION
,
THE INVESTOR-OWNED GAS UTILITY MAY APPEAL THE COMMISSION 'S
DETERMINATION IN A COURT OF COMPETENT JURISDICTION BY FILING THE
APPEAL WITHIN TEN DAYS AFTER THE COMMISSION
'S DETERMINATION.
PAGE 14-SENATE BILL 23-291 (II) IF THE COMMISSION DETERMINES THAT THE DISCLOSURE OF THE
DESIGNATED MAP OR ASSOCIATED INFORMATION MAY EXPOSE OR CREATE
VULNERABILITY TO CRITICAL INFRASTRUCTURE FACILITIES OR SYSTEMS
, THE
COMMISSION
:
(A) S
HALL LIMIT ACCESS TO THE DESIGNATED MAP OR ASSOCIATED
INFORMATION TO INDIVIDUALS AT STATE AGENCIES THAT ARE PARTIES TO
THE PROCEEDING IN WHICH THE MAP OR ASSOCIATED INFORMATION WAS
PROVIDED
; AND
(B) EXCEPT AS PROVIDED IN SUBSECTION (3)(d)(II)(A) OF THIS
SECTION
, SHALL NOT PROVIDE THE DESIGNATED MAP OR ASSOCIATED
INFORMATION TO ANY PERSONS AND MAY ORDER THE INVESTOR
-OWNED GAS
UTILITY TO PROVIDE A PUBLIC REDACTED VERSION OF THE MAP OR
ASSOCIATED INFORMATION THAT INCLUDES A GENERAL DESCRIPTION OF THE
INFORMATION WITHOUT DETAILED LOCATION INFORMATION
.
(III) A
CUSTODIAN, AS DEFINED IN SECTION 24-72-202 (1.1), SHALL
NOT RELEASE A MAP OR ASSOCIATED INFORMATION FOR WHICH THE
COMMISSION HAS LIMITED ACCESS PURSUANT TO SUBSECTION
(3)(d)(II) OF
THIS SECTION IN RESPONSE TO ANY REQUEST TO INSPECT PUBLIC RECORDS
PURSUANT TO THE
"COLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE 72
OF TITLE 24.
40-3.2-104.5. Customer disconnection from investor-owned gas
utility service - rules. (1) A
N INVESTOR-OWNED GAS UTILITY SHALL NOT
PENALIZE OR CHARGE A FEE TO A CUSTOMER THAT VOLUNTARILY
TERMINATES GAS SERVICE
. ONCE A CUSTOMER HAS TERMINATED THE
INVESTOR
-OWNED UTILITY'S GAS SERVICE, THE UTILITY SHALL NOT
CONTINUE TO CHARGE THE CUSTOMER ANY FEES
. ANY COSTS ASSOCIATED
WITH TERMINATION SHALL BE CONSIDERED PART OF GENERAL DISTRIBUTION
SYSTEM INVESTMENTS AND ARE ELIGIBLE FOR COST RECOVERY
.
(2) T
HE COMMISSION MAY ADOPT RULES TO ESTABLISH STANDARDS
FOR A CUSTOMER
'S VOLUNTARY DISCONNECTION FROM AN INVESTOR -OWNED
GAS UTILITY
'S GAS DISTRIBUTION SYSTEM. IF THE COMMISSION ADOPTS THE
DISCONNECTION RULES
, THE COMMISSION MUST CONSIDER :
(a) T
HE HEALTH AND SAFETY RISKS RELATED TO THE CUSTOMER NO
LONGER USING THE GAS DISTRIBUTION SYSTEM
;
PAGE 15-SENATE BILL 23-291 (b) THE COST EFFECTIVENESS OF THE METHOD OF DISCONNECTION ;
(c) T
HE USE OF, OR REQUIRING THE INSTALLATION OF , SHUT-OFF
VALVES OR PIPELINE CAPS AS AN OPTION IN LIEU OF POTENTIALLY MORE
COST
-PROHIBITIVE EXCAVATION OR CONSTRUCTION ACTIVITIES TO REMOVE
EXISTING GAS INFRASTRUCTURE
;
(d) T
HE IMPACT ON STAFFING, INCLUDING ANY REQUIREMENTS AND
PROCEDURES FOR UTILITY EMPLOYEES AND CONTRACT WORKERS
;
(e) T
HE IMPACT ON CRITICAL REPAIRS, SCHEDULED MAINTENANCE ,
LEAK MITIGATION, AND OTHER RELATED ACTIVITIES; AND
(f) ANY OTHER CONSIDERATION THAT THE COMMISSION DEEMS
APPROPRIATE
.
(3) N
OTHING IN THIS SECTION SHALL BE CONSTRUED TO MEAN THAT
A UTILITY CANNOT CHARGE AN INDIVIDUAL CUSTOMER FOR EXCAVATION OR
CONSTRUCTION ACTIVITIES TO REMOVE EXISTING GAS INFRASTRUCTURE IF
THE CUSTOMER HAS DECLINED THE MORE COST
-EFFECTIVE METHODS TO
DISCONNECT SERVICE
.
40-3.2-104.6. Commission study on beneficial electrification -
repeal. (1) O
N OR BEFORE JANUARY 1, 2024, THE COMMISSION SHALL
CONDUCT A STUDY TO BE COMPLETED NO LATER THAN
MARCH 15, 2024,
EXAMINING EXISTING INVESTOR -OWNED ELECTRIC UTILITY TARIFFS AND
INTERCONNECTION POLICIES AND PRACTICES TO DETERMINE
:
(a) I
F THE TARIFFS, POLICIES, AND PRACTICES POSE A BARRIER TO THE
BENEFICIAL ELECTRIFICATION OF TRANSPORTATION AND BUILDINGS AND THE
OFFSETTING OF THAT ENERGY USE WITH DISTRIBUTED ENERGY RESOURCES
;
(b) I
F THE APPLICATION OF TRADITIONAL COST-CAUSATION AND COST
RECOVERY PRINCIPLES POSE A BARRIER TO SUCH BENEFICIAL
ELECTRIFICATION AND THE OFFSETTING OF THAT ENERGY USE WITH
DISTRIBUTED ENERGY RESOURCES
; AND
(c) WHETHER REQUIRING A CUSTOMER THAT SEEKS TO
INTERCONNECT DISTRIBUTED ENERGY RESOURCES OR BENEFICIAL
ELECTRIFICATION RESOURCES TO THE INVESTOR
-OWNED ELECTRIC UTILITY'S
PAGE 16-SENATE BILL 23-291 ELECTRIC GRID TO BEAR THE FULL INCREMENTAL COST OF TRANSFORMER OR
SERVICE UPGRADES NEEDED AT THE TIME OF INTERCONNECTION IMPOSES AN
UNDUE BURDEN ON THE CUSTOMER
, WITH CONSIDERATION GIVEN TO
METHODS FOR SHARING THE COST RECOVERY AMONG CUSTOMERS
.
(2) I
N CONDUCTING THE STUDY PURSUANT TO SUBSECTION (1) OF
THIS SECTION
, THE COMMISSION SHALL CONSIDER WHETHER TO DIRECT AN
INVESTOR
-OWNED ELECTRIC UTILITY TO MAKE CHANGES :
(a) T
O ITS TARIFFS, POLICIES, PRACTICES, OR COST ALLOCATION;
(b) I
N THE ALLOCATION OF DISTRIBUTION SYSTEM COSTS , INCLUDING
THE COSTS OF TRANSFORMER
, SUBSTATION, OR SERVICE UPGRADES AS PART
OF THE UTILITY
'S INVESTMENT IN ITS DISTRIBUTION SYSTEM; AND
(c) TO ITS DISTRIBUTION SYSTEM PLANNING PROCESS TO BETTER
PLAN FOR AND ACCOMMODATE FUTURE BENEFICIAL ELECTRIFICATION AND
DISTRIBUTED ENERGY RESOURCE INVESTMENTS TO ALIGN WITH THE STATE
'S
GREENHOUSE GAS EMISSION REDUCTION GOALS SET FORTH IN SECTION
25-7-102 (2)(g).
(3) U
PON COMPLETION OF THE STUDY, THE COMMISSION SHALL POST
WRITTEN FINDINGS AND CONCLUSIONS FROM THE STUDY ON THE
COMMISSION
'S WEBSITE.
(4) T
HIS SECTION IS REPEALED, EFFECTIVE SEPTEMBER 1, 2025.
SECTION 6. In Colorado Revised Statutes, 40-6-109, amend (1)
as follows:
40-6-109. Hearings - orders - record - review - representation of
entities in nonadjudicatory proceedings. (1) (a) (I) At the time fixed for
any hearing before the commission, any commissioner, or an administrative
law judge or at the time to which the same
HEARING may have been
continued, the applicant, petitioner, complainant, the person, firm, or
corporation complained of, and such persons, firms, or corporations as the
commission may allow to intervene and such persons, firms, or corporations
as will be interested in or affected by any order that may be made by the
commission in such proceeding and who shall have become parties to the
proceeding shall be THE FOLLOWING PERSONS ARE entitled to be heard,
PAGE 17-SENATE BILL 23-291 examine and cross-examine witnesses, and introduce evidence:
(A) T
HE APPLICANT;
(B) T
HE PETITIONER;
(C) T
HE COMPLAINANT;
(D) T
HE PERSON, FIRM, OR CORPORATION COMPLAINED OF ;
(E) S
UCH PERSONS, FIRMS, OR CORPORATIONS AS THE COMMISSION
MAY ALLOW TO INTERVENE
; AND
(F) SUCH PERSONS, FIRMS, OR CORPORATIONS AS WILL BE
INTERESTED IN OR AFFECTED BY ANY ORDER THAT MAY BE MADE BY THE
COMMISSION IN SUCH PROCEEDING AND WHO SHALL HAVE BECOME PARTIES
TO THE PROCEEDING
.
(II) A
LL PARTIES IN INTEREST ARE ENTITLED TO BE HEARD IN PERSON
OR BY ATTORNEY
.
(b) I
N A PROCEEDING BEFORE THE COMMISSION THAT RELATES TO AN
INVESTOR
-OWNED UTILITY'S APPLICATION FOR COST RECOVERY , THE
COMMISSION SHALL PERMIT A WHOLESALE CUSTOMER OF THE UTILITY TO
INTERVENE IF THE CUSTOMER DEMONSTRATES A PECUNIARY OR TANGIBLE
INTEREST IN THE PROCEEDING
.
(c) A
REPORTER APPOINTED BY THE COMMISSION , A COMMISSIONER
IF DEEMED APPROPRIATE BY THE COMMISSION
, OR, AS APPLICABLE, AN
ADMINISTRATIVE LAW JUDGE SHALL TAKE DOWN AND RECORD
ELECTRONICALLY
a full and complete record of all proceedings had before
the commission, any commissioner, or an administrative law judge in any
formal hearing and all testimony. shall be taken down by any reporter
appointed by the commission or, as deemed appropriate by the commission,
a commissioner, or an administrative law judge, as applicable, recorded
electronically. All parties in interest shall be entitled to be heard in person
or by attorney.
SECTION 7. Appropriation. (1) For the 2023-24 state fiscal year,
$1,347,554 is appropriated to the department of regulatory agencies. This
PAGE 18-SENATE BILL 23-291 appropriation is from the public utilities commission fixed utility fund
created in section 40-2-114 (1)(b)(II), C.R.S. To implement this act, the
department may use this appropriation as follows:
(a) $307,883 for use by the public utilities commission for personal
services, which amount is based on an assumption that the commission will
require an additional 3.3 FTE;
(b) $31,135 for use by the public utilities commission for operating
expenses;
(c) $271,406 for use by the office of the utility consumer advocate
for personal services, which amount is based on an assumption that the
office will require an additional 2.5 FTE;
(d) $23,385 for use by the office of the utility consumer advocate for
operating expenses; and
(e) $713,745 for the purchase of legal services.
(2) For the 2023-24 state fiscal year, $713,745 is appropriated to the
department of law. This appropriation is from reappropriated funds received
from the department of regulatory agencies under subsection (1)(e) of this
section and is based on an assumption that the department of law will
require an additional 3.8 FTE. To implement this act, the department of law
may use this appropriation to provide legal services for the department of
regulatory agencies.
(3) For the 2023-24 state fiscal year, $142,749 is appropriated to the
department of law. This appropriation is from the legal services cash fund
created in section 24-31-108 (4), C.R.S., from revenue received from the
Colorado energy office in the office of the governor that originates as
custodial federal funds that the Colorado energy office has authority to
expend. The appropriation to the department of law is based on an
assumption that the department of law will require an additional 0.8 FTE.
To implement this act, the department of law may use this appropriation to
provide legal services for the Colorado energy office in the office of the
governor.
SECTION 8. Act subject to petition - effective date -
PAGE 19-SENATE BILL 23-291 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; 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 2024 and, in such case, will take effect on
the date of the official declaration of the vote thereon by the governor.
PAGE 20-SENATE BILL 23-291 (2) This act applies to conduct occurring on or after the applicable
effective date of this act.
____________________________ ____________________________
Steve Fenberg
Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 21-SENATE BILL 23-291