Public Utilities - Digest of Bills

Digest of Bills - 2009

PUBLIC UTILITIES

S.B. 09-39 Cooperative electric associations - graduated rate for increased energy consumption - energy conservation and energy efficiency purposes. Authorizes cooperative electric associations to approve revenue-neutral, reasonable rates, charges, services, classifications, and facilities that establish a graduated rate for increased energy consumption, for energy conservation and energy efficiency purposes, by residential customers, giving due consideration to the impact of such rate on low-income customers. Allows associations to utilize a community energy fund for energy efficiency, energy conservation, weatherization, and renewable energy purposes. Exempts customers that have single meters that record energy consumption for combined residential and agricultural uses from such rate.

APPROVED by Governor April 22, 2009
EFFECTIVE August 5, 2009
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 09-51 Electricity and natural gas - conservation - clean energy financing - third-party solar installations - renewable energy credits. Amends the "Colorado Clean Energy Finance Program Act" (Act) to:

Encourage consumers to investigate the options for financing of clean energy improvements to their existing property through banks, credit unions, and other lenders;

Specifically include installers of solar panels and other renewable energy generation equipment, and manufacturers or dealers of manufactured homes, among the contractors that may be certified under the Colorado clean energy finance program (program); and

Add small businesses to the types of property for which residential-scale clean energy loans may be made.

Authorizes the governor's energy office, as administrator of the program, to develop and license the use of a "Colorado Clean & Green" logo and marketing materials for use by lenders and certified contractors under the program.

Clarifies that funding under the Act is available for energy efficiency improvements to rental property. Increases the cap on the amount of loans that may be guaranteed by the state treasurer by $10 million, from a maximum of $30 million to a maximum of $40 million. Expands the Act to include larger-scale, third-party installations on commercial, industrial, or government-owned real property and to encompass loans made by the Colorado housing and finance authority.

Amends the definition of a "public utility" to exempt certain third-party installers of solar electric or solar thermal generating equipment on the customer's property.

Allows net metering customers the option of having excess generation carried forward as a credit on subsequent monthly bills rather than having the utility pay each customer in cash at the end of each 12-month period. Authorizes investor-owned electric utilities to establish standard offers of renewable energy credits for systems up to 500 kW and to employ a contract term of other than 20 years for power purchase agreements between 100 kW and 1 MW.

APPROVED by Governor April 22, 2009
EFFECTIVE September 1, 2009
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 09-75 Low-speed electric vehicles - golf cars - authorization - electric vehicle grant fund. Authorizes the operation of low-speed electric vehicles on roads with a speed limit of 35 miles per hour or less. Authorizes the low-speed electric vehicles to cross faster roads when the faster road intersects with a slower road. Sets equipment standards for the sale and operation of low-speed electric vehicles. Applies generally applicable traffic laws to low-speed electric vehicles. Requires low-speed electric vehicles to use a triangular slow-moving vehicle emblem. Prohibits operating or selling a low-speed electric vehicle if said vehicle does not conform to federal manufacturing standards.

Authorizes the use of faster low-speed electric vehicles on roads with a speed limit of 45 miles per hour or less with the same rules of the road as other low-speed electric vehicles if the United States department of transportation promulgates safety standards for such vehicles.

Allows a local jurisdiction to authorize the use of a golf cars on roads under their jurisdiction if the golf car is not operated by an unlicensed driver carrying a passenger under 21 years of age, by a person under 14 years of age, or on a state highway.

Creates a fund that will provide grants to local governments to install recharging stations for electric vehicles.

APPROVED by Governor June 4, 2009
EFFECTIVE August 5, 2009
NOTE: This act was passed without a safety clause. For further explanation concerning the effective date, see page vi of this digest.

S.B. 09-162 Telecommunications - broadband service - inventory of service areas - schedule - funding - appropriation. Amends statutes adopted in 2008 for the creation of an inventory of broadband service areas within the state by:

Removing an existing limitation on the acceptance of public gifts, grants, and donations to help finance the creation of the inventory;

Extending the deadline for completion of the inventory; and

Extending the self-repeal date for the statutes governing creation of the inventory.

Appropriates $331,537 to the office of information technology in the governor's office from the broadband inventory fund. Of such amount, allows up to $100,000 to consist of grants received from the local government mineral impact fund.

APPROVED by Governor June 4, 2009
EFFECTIVE June 4, 2009

S.B. 09-272 Telecommunications - high cost support mechanism - transfer of funds - budget package act. Directs the public utilities commission to transmit, or cause to be transmitted, to the high cost administration fund in the state treasury $15 million of moneys currently held for distribution under the Colorado high cost support mechanism.

Exempts the high cost administration fund from statutory limits on uncommitted reserves. Makes technical and conforming amendments.

Makes certain provisions contingent on the enactment of Senate Bill 09-279.

APPROVED by Governor May 1, 2009
EFFECTIVE May 1, 2009
NOTE: Senate Bill 09-279 was signed by the governor June 1, 2009.

S.B. 09-294 Certificate of public convenience and necessity - taxicab services. Specifies that a person opposing an application for authority to provide taxicab service in Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, El Paso, or Jefferson county will prevail if the person proves that the public convenience and necessity does not require issuance of the certificate or its issuance would be detrimental to the public interest. Changes the application fee to a fee set by the commission.

APPROVED by Governor June 4, 2009
EFFECTIVE July 1, 2009

H.B. 09-1126 Renewable energy - tax incentives - sales and use tax exemption - solar thermal installations. Allows local governments to provide the same incentives for solar thermal installations as may now be provided for solar electric installations. Adds a corresponding exemption from state sales and use tax, effective from July 1, 2009, through June 30, 2017.

Specifies that the act will not take effect unless House Bill 09-1366 is enacted and becomes law.

APPROVED by Governor May 15, 2009
EFFECTIVE May 15, 2009
NOTE: House Bill 09-1366 was signed by the govenor June 4, 2009.

H.B. 09-1244 Motor carriers - carriers of property - exemption from regulation by public utilities commission - regulation by department of public safety. Exempts property carriers by motor vehicle from regulation by the public utilities commission (PUC). Grants authority for the enforcement of financial responsibility and insurance requirements of such carriers, in addition to existing driver and vehicle standards, to the department of public safety.

Reduces the appropriation to the PUC in the 2009 Long Bill by $13,967 and 0.4 FTE.

H.B. 09-1345 Electric utilities - transmission facilities - integrated transmission plans - report by public utilities commission. Directs the public utilities commission (PUC) to study and report to the general assembly on the integrated transmission plans of owners and operators of electric transmission facilities in Colorado, including:

The adequacy of such plans, including issues related to interstate coordination; and

The need for future legislative action.

Directs the commission to rely on existing or pending transmission plans that are scheduled to be completed by December 31, 2009, and to confer with stakeholders and appropriate governmental entities. Requires an interim report on the PUC's progress by November 1, 2009, and delivery of the final report by July 1, 2010.

APPROVED by Governor June 1, 2009
EFFECTIVE June 1, 2009