H.B. 08-1160 Net metering of electricity - cooperative electric associations - municipally owned utilities. Repeals the existing law that requires cooperative electric associations (CEAs) to provide customers who generate electricity with a net metering program. Requires municipally owned utilities that serve at least 5,000 customers (MOUs) and CEAs to provide residential customers who generate up to 10 kilowatts from eligible energy resources with a net meter and to provide commercial or industrial customers who generate up to 25 kilowatts from eligible energy resources with a net meter. Allows CEAs and MOUs to net meter above the minimum amounts and requires CEAs and MOUs to provide a written technical or economic explanation of a denial of a request to net meter above the minimum amount. Requires CEAs and MOUs to credit a customer-generator's excess generation one-to-one against the customer's monthly energy consumption and to account for such excess generation annually or when the customer terminates electrical service. Requires CEAs and MOUs to provide net metering at nondiscriminatory rates. Requires CEAs and their net metered customers to indemnify each other regarding the net metering system. Specifies interconnection standards for MOUs and directs the public utilities commission to initiate a rule-making proceeding to address interconnection standards for CEAs.
APPROVED by Governor March 26, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date,
see page vi of this digest.
H.B. 08-1164 Public utilities commission - solar energy - consideration. Declares it to be in the best interests of this state to develop and utilize solar resources in increasing amounts. When the public utilities commission considers utility proposals to acquire resources, allows the commission to consider the likelihood of future regulation of greenhouse gases. Allows the commission to consider the following attributes of utility-scale solar electric generation:
● Whether the proposed generation could provide energy storage to match the times during which utility generation is generally higher cost;
● Whether the proposed generation could result in reduction of performance and financial risk for the utility;
● Whether utility-scale solar electric generation could reduce the consumption of water for electric generation;
● Whether future costs can be stabilized through mitigation of the impact of unpredictable fossil fuel prices; and
● Whether carbon-free generation reduces long-term costs and risks related to potential carbon regulation or taxation.
APPROVED by Governor June 2, 2008
EFFECTIVE June 2, 2008
H.B. 08-1222 Renewable energy - hydroelectricity - water resources review committee - study. Directs the water resources review committee to study the feasibility of expanding the types of hydroelectricity that qualify as an eligible renewable energy resource.
APPROVED by Governor May 21, 2008
EFFECTIVE August 5, 2008
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date,
see page vi of this digest.
H.B. 08-1227 Public utilities commission - continuation under sunset law - fees - rate regulation - use of renewables - hearings and adjudications - civil penalties - low-income energy assistance - motor carriers - rail crossings - water and sewer providers - taxicabs - applications - criminal history record checks - telecommunications - basic local exchange service - appropriations. Extends the automatic termination date of the public utilities commission (PUC) to July 1, 2019, pursuant to the provisions of the sunset law. Gives the PUC authority to assess civil penalties against fixed utilities using a procedure similar to that specified for the assessment of civil penalties against motor carriers. Allows the PUC to direct litigation by the attorney general seeking to recover civil penalties.
Includes a combined water and sewer corporation in the definition of a water corporation subject to PUC oversight. Allows the PUC to set the annual motor carrier fee administratively rather than specifying a $5 fee by statute. Eliminates obsolete references to telegraph operations and to regulatory issues as to which state action has been preempted by federal law, including railroad-railroad crossings and time limits for pickup and delivery by motor carriers of property.
In the statutes prohibiting ex parte discussion of pending proceedings with PUC commissioners and administrative law judges, exempts rule-making proceedings and discussions on pending legislative proposals.
Specifies that, in rate investigations undertaken by July 1, 2009, the PUC shall consider rate structures that enable the use of solar or other renewable energy resources in irrigation pumping and other agricultural applications.
Harmonizes eligibility requirements for the low-income energy assistance and low-income telephone assistance programs. Establishes that to qualify for either program, a utility customer must be a citizen or legal resident of the United States and a resident of Colorado and must have a household income at or below 185% of the federal poverty level.
Shifts the burden of proof in applications for taxicab certificates, from the applicant to those protesting the application, with regard to the question of whether the public convenience and necessity require the issuance of a new certificate within the proposed geographic area of operation.
Requires criminal history record checks of taxicab drivers and others providing passenger transport service. Repeals criminal history record check requirements for household movers. Allows the PUC to deny a certificate to a passenger carrier employing a driver whose criminal history reveals crimes of moral turpitude, including any unlawful sexual offense against a child.
Allows a provider of basic local telecommunications service to raise its rates above the level in effect on May 24, 1995, subject to approval by the PUC and in consideration of specified factors including the increase in the cost of providing such service since that date and the provider's revenues derived from other services.
Appropriates $43,218 from the public utilities commission fixed utility fund to the department of regulatory agencies, and reappropriates that amount plus 0.3 FTE to the department of law, for legal services. Appropriates $354,255 and 4.0 FTE from the public utilities commission fixed utility fund to the department of regulatory agencies. Appropriates $15,578 and 0.2 FTE from the low-income telephone assistance fund to the department of human services.
APPROVED by Governor June 2, 2008
EFFECTIVE July 1, 2008
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