Public Utilities - Digest of Bills

Digest of Bills - 2006

PUBLIC UTILITIES

S.B. 06-94 Motor carriers - registration - conformance with recent federal law. Provides for the registration of interstate carriers under the federal "Unified Carrier Registration Act of 2005". Repeals existing interstate registration provisions, effective upon the repeal of corresponding federal law. Directs the public utilities commission (PUC) to notify the revisor of statutes when such repeal occurs.

Authorizes the PUC to set annual registration fees for interstate carriers to cover the direct and indirect costs of administering the interstate carrier registration system. Devotes any excess fees collected above 10% of expenditures in any fiscal year to the hazardous materials safety fund and the nuclear materials transportation fund. Establishes a civil penalty of up to $1,100 for intentional violation of registration requirements.

Removes provisions requiring the revocation of a motor carrier registration for any violation of safety requirements. Requires the revocation of a motor carrier registration for failure to carry proper insurance or to maintain an agent for service of process in Colorado. Specifies that insurance coverage or a surety bond must be kept continuously in effect and that evidence of such coverage or bond must be maintained on file with the PUC at all times.

Allows service of a civil penalty assessment notice by any person authorized under rule 4(d) of the Colorado rules of civil procedure. Specifies the contents of the notice and provides a procedure for correction of facts stated in the notice.

Grants the PUC authority to issue cease and desist orders, as well as to assess civil penalties and suspend or revoke registrations, in response to formal complaints.

Applies civil enforcement remedies to towing carriers in addition to common carriers and contract carriers. Clarifies the definition of a towing carrier to include all those who provide towing services, whether or not they also provide storage for towed vehicles.

Clarifies that motor carrier regulation applies to all persons who provide, or offer to provide, motor carrier services.

Exempts the operators of passenger vehicles from otherwise applicable regulations when transporting firefighting crews.

APPROVED by Governor May 25, 2006
EFFECTIVE August 7, 2006
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 06-218 Telecommunications - disabled telephone users fund - deaf and hard of hearing cash fund - appropriations. Provides for annual appropriations by the general assembly to replenish the Colorado commission for the deaf and hard of hearing cash fund, in place of current provisions directing the state treasurer to transfer $25,000 annually into that fund from the Colorado disabled telephone users fund. Exempts the disabled telephone users fund from limits on uncommitted reserves.

Appropriates $25,000 to the department of human services, deaf and hard of hearing cash fund. Makes adjustments to the 2006 long appropriations bill and a letternote corresponding to appropriations from funds administered by the Colorado public utilities commission.

APPROVED by Governor May 25, 2006
EFFECTIVE May 25, 2006

H.B. 06-1002 Office of consumer counsel - continuation. Continues the office of consumer counsel until July 1, 2015.

APPROVED by Governor March 13, 2006
EFFECTIVE March 13, 2006

H.B. 06-1016 Household movers - temporary registration. Authorizes the motor carrier services division to issue a one-time temporary household mover registration. To be eligible, requires the mover to show evidence of liability insurance; sign a statement under penalty of perjury that the mover is insured; pay a fee of $150; and pay an identification fee of $5 per vehicle.

APPROVED by Governor April 13, 2006
EFFECTIVE August 7, 2006
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

H.B. 06-1147 Natural gas - energy efficiency - conservation - education programs - cost recovery - reports - repeal - appropriation. Directs the public utilities commission (PUC) to adopt rules establishing funding and cost-recovery mechanisms for distributors of natural gas to engage in energy efficiency and conservation programs, including consumer education programs. Directs distributors of natural gas to develop and implement cost-effective energy efficiency programs once such rules are adopted.

Requires periodic reports from the utilities and PUC review and approval of such programs. Specifies that this act does not extend PUC authority to nonregulated utility businesses or affiliates. Repeals the program in 2016.

Appropriates $12,890 to the department of regulatory agencies, executive director's office; $71,632 to the department of regulatory agencies, public utilities commission; and $12,890 to the department of law, for the implementation of this act.

VETOED by Governor June 2, 2006

H.B. 06-1187 Utility consumers' board - sunset. Continues the utility consumers' board until July 1, 2015.

APPROVED by Governor March 27, 2006
EFFECTIVE July 1, 2006

H.B. 06-1281 Electric utilities - clean coal technology - IGCC process - demonstration projects - hearings - conditions for approval - cost recovery. Directs the public utilities commission to consider proposals by Colorado electric utilities to build one or more demonstration power plants using integrated gasification combined cycle (IGCC) electric generation technology. Requires that each such plant:

● Use Colorado coal or other western coal;

● Demonstrate the capture and sequestration of a portion of its carbon dioxide emissions;

● Be of relatively small size (350 MW) unless a larger facility is necessary to qualify for federal funding or other financial support; and

● Be located in Colorado.

Allows public utilities to recover costs prudently incurred in connection with such projects, including costs of study and engineering, through an adjustment clause. Requires public hearings and a showing of financial costs and benefits, environmental costs and benefits, and other information as directed by the commission. Encourages the governor's office of energy management and conservation and other state agencies to assist public utilities in developing proposals and applying for any available federal or state financial assistance.

APPROVED by Governor June 1, 2006
EFFECTIVE June 1, 2006

H.B. 06-1322 Electric utilities - energy conservation - renewable energy sources - research and development - greenhouse gas market program - Colorado renewable energy authority - agriculture value-added development board - federal grants - appropriations. Transfers $2 million per year for 3 years from the operational account of the severance tax trust fund to the Colorado renewable energy authority ("authority"). Creates a governing board for the authority consisting of the presidents of the Colorado School of Mines, Colorado State University, and the University of Colorado and the director of the federal National Renewable Energy Laboratory, plus one to three members appointed by the governor with the consent of the senate. Gives the authority the power and duty, in collaboration with a consortium consisting of the institutions represented on the board, to:

● Direct the allocation of state matching funds as necessary to qualify for federal grants to fund energy-related research;

● Promote the development and rapid transfer to the private sector of new technologies to attract and promote renewable energy businesses in Colorado;

● Develop educational and research programs for Colorado state colleges to enhance employment opportunities in high-technology fields; and

● Collect and provide renewable energy information to the public and to engineering, architectural, and design professionals.

Requires the authority to submit annual reports to the general assembly concerning its activities and expenditures. Of any moneys received by the authority under licensing agreements or other technology-transfer arrangements, reserves 50% for refunds to the operational account of the severance tax trust fund ("fund") until moneys drawn from the fund have been fully repaid, then allocates 70% of revenues to the authority for its future activities and 30% to the fund. If, by June 30, 2012, the total amount of federal grant moneys received have not equaled or exceeded the total amount of state moneys expended by the authority, directs that the unexpended and unencumbered balance of the state appropriations shall revert to the fund.

Transfers $500,000 per year for 3 years from the fund to the agriculture value-added cash fund to promote agricultural energy-related projects and research.

Enacts the "Colorado Climate Change Markets Act", under which the department of public health and environment is directed to administer the following grants:

● $50,000 to Colorado State University to conduct research on terrestrial carbon sequestration;

● $50,000 to the Colorado School of Mines to conduct research on geologic carbon sequestration; and

● $35,000 to the university of Colorado to conduct research on the emerging international and domestic markets in greenhouse gas emissions.

Requires the grant recipients listed above to report the results of their research to the agriculture committees of the senate and the house of representatives by March 15, 2007.

Appropriates $2,000,000 to the Colorado renewable energy authority, $500,000 to the department of agriculture, and $135,000 to the department of public health and environment for the implementation of the act.

APPROVED by Governor June 6, 2006
EFFECTIVE June 6, 2006

H.B. 06-1325 Electricity - transmission - statewide infrastructure needs - interim study - task force - report. Creates a 15-member task force on reliable electricity infrastructure to meet during the 2006 interim and to collect information and report to the governor and the general assembly on the following topics:

● Colorado's current and projected demand for electricity through 2020;

● An inventory of Colorado's current electric transmission infrastructure, with analysis of its potential to meet the projected demand and any additions or improvements that may be required;

● The electric transmission needs related to implementation of the renewable energy initiative approved by Colorado voters in November 2004;

● The decision-making process for routing of transmission lines;

● The cost and time required to build or improve infrastructure as needed;

● Existing and anticipated future impediments to improving the state's electric transmission infrastructure;

● Policy choices to ensure reliable supply and reasonable pricing for electricity; and

● Additional transmission issues.

Authorizes, but does not require, the public utilities commission to solicit and accept gifts, grants, and donations from private sources to fund the activities of the task force. If the total amount of gifts, grants, and donations received by June 1, 2006, is not sufficient to meet the expenses of the task force, provides that the task force shall not meet or undertake any other duties under this act and directs the commission to return any amounts received, and provides for any interest earned on such amounts to revert to the general fund of the state.

APPROVED by Governor May 4, 2006
EFFECTIVE May 4, 2006