HB 1326 — Sunset Public Utilities Commission

CreationCreation-appointment-term-subjecttotermination - appointment - term - subject to termination - repeal of part.

________ 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.

TransparencyTransparencyaboutelectricandgasinvestor-owned aboututility electricregulatoryfilings-commissioninformationalmeetings-annual and gas investor-ownedutility regulatory filings-commissioninformational meetings - annual reports - summary of public comments in commission decisions.

(1) ONO N OR BEFOREJANUARYBEFORE ANUARY 31, 2027AND2027,AND ON OR BEFORE EACH JANUARY 3131THEREAFTER THEREAFTER,ANELECTRICINVESTOR,AN -OWNEDUTILITYELECTRIC AGAS INVESTOR-OWNED UTILITY ,A GAS INVESTOR OWNED UTILITY, OR A COMBINED ELECTRIC AND GAS INVESTOR-OWNEDUTILITYSHALLFILEWITHTHECOMMISSIONASUMMARYINVESTOR OFTHEUTILITYOWNED SANTICIPATEDREGULATORYFILINGSFORTHEFOLLOWINGUTILITY SHALL FILE WITH THE COMMISSION A SUMMARY OF THE UTILITYS ANTICIPATED REGULATORY FILINGS FOR THE FOLLOWING CALENDAR YEAR .

THEHE COMMISSION SHALL MAKE THE UTILITSUTILITY S FILINGS PUBLICLY AVAILABLE ON ITS WEBSIT.WEBSITE (2) AFTER AN INVESTOR -OWNED UTILITY FILES WITH THE COMMISSION A SUMMARY OF ITS ANTICIPATED REGULATORY FILINGS PURSUANT TO SUBSECTION (1)OF THIS SECTIO, THE COMMISSION SHALL CONVENE AN INFORMATIONAL MEETING IN F EBRUARY OF THE YEAR FOLLOWING THE DATE OF THE FILING TO DISCUSS THE ANTICIPATED REGULATORY PROCEEDINGS .

(2)(3) AO FTERN ANOR INVESTORBEFORE -OWNEDM UTILITYARCH FILES31, WITH2027,AND THEON COMMISSIONOR ABEFORE SUMMARYEACH OFM ITSARCH ANTICIPATED31 REGULATORYTHEREAFTER FILINGS,THE PURSUANT TO SUBSECTION (1)OF THIS SECTI,THE COMMISSION SHALL CONVENESUBMIT AN INFORMATIONALANNUAL MEETINGREPORT INTO FEBRUARY OF THE YEARGENERAL FOLLOWINGASSEMBLY THESUMMARIZING DATEALL OFMAJOR THEADJUDICATEDCASESANDRULE FILING-MAKINGSTHATTHECOMMISSIONENGAGED TOIN DISCUSSDURING THE ANTICIPATEDPREVIOUS REGULATORYYEAR. PROCEEDINGS .

(3)HE ON OR BEFORE M ARCH 31, 2027,AND ON OR BEFORE EACH M ARCH 31 THEREAFTER ,THE COMMISSION SHALL SUBMIT AN ANNUAL -5- 1326 REPORT TOMUST THEINCLUDE GENERAL: ASSEMBLY SUMMARIZING ALL MAJOR ADJUDICATED CASES AND RULE -MAKINGS THAT THE COMMISSION ENGAGED IN DURING THE PREVIOUS YEAR .

HE(a) ANNUALADESCRIPTION REPORTOF MUSTMAJOR INCLUDE:COMMISSION CASES ,AS DETERMINED BY THE COMMISSION ,AND WORK IN ITS UTILITY,TRANSPORTATION ,AND PIPELINE SAFETY INDUSTRY SECTORS (b) A DESCRIPTION OF PROGRESS THE COMMISSION ACHIEVED ON IMPLEMENTING THE EQUITY GOALS SET FORTH IN SECTION40-2-108;

(a)(c) ADESCRIPTIONOFMAJORCOMMISSIONCASESADESCRIPTION ,ASDETERMINEDOF BYPROGRESS THAT THE COMMISSION,ANDCOMMISSION WORKACHIEVED ONIMPLEMENTINGTHE BESTVALUE "EMPLOYMENTMETRICS ,ASDESCRIBED PAGE 2-HOUSE BILL 26-1326 IN ITSSECTION40-2-129,AND UTILIT,TRANSPORTATIONENERGY ,ANDSECTOR PIPELINEPUBLIC SAFETYWORKS INDUSTRYPROJECTS SECTOR;,AS DEFINED IN SECTION24-92-303 (5)(aAND (d) DATA ON THE NUMBER OF CONSUMER COMPLAINTS RECEIVED AND RESOLVED BY THE COMMISSION AND THE NUMBER OF THOSE COMPLAINTSTHATRESULTEDINCONSUMERREFUNDSORBILLADJUSTMENTS .

(b)(4) ADESCRIPTIONO N AND AFTER SEPTEMBER 1, 2026THE COMMISSION SHALL INCLUDE IN EACH DECISION THAT THE COMMISSION REACHES ON A MATTER BEFORE THE COMMISSION A SUMMARY OF PROGRESSTHE PUBLIC COMMENTS THE COMMISSION ACHIEVEDRECEIVED ON IMPLEMENTINGTHE MATTER ,INCLUDING A SUMMARY OF THE VOLUME OF COMMENTS RECEIVED ;AN OVERVIEW OF THE ADVOCATED POSITIONS PRESENTED IN THE COMMENTS ,INCLUDING COMMENTS THAT SPECIFICALLY ADDRESSED EQUITY GOALSISSUES SETAND FORTHIMPACTS TO DISPROPORTIONATELYIMPACTEDCOMMUNITIES ;ANDACLEAREXPLANATION OF HOW THE COMMISSION CONSIDERED THE ADVOCATED POSITIONS IN SECTI40-2-108;REACHING ITS FINAL DECISION ON THE MATTER UBLIC COMMENTS SHALL NOT BE CONSIDERED AS PART OF THE EVIDENTIARY RECORD.

(c) ADESCRIPTIONOFPROGRESSTHATTHECOMMISSIONACHIEVED ON IMPLEMENTING THE "BEST VALUE " EMPLOYMENT METRICS , AS DESCRIBED IN SECTION40-2-129,AND ENERGY SECTOR PUBLIC WORKS PROJECTS,AS DEFINED IN SECTIO24-92-303 (5)(aAND (d) DATA ON THE NUMBER OF CONSUMER COMPLAINTS RECEIVED AND RESOLVED BY THE COMMISSION AND THE NUMBER OF THOSE COMPLAINTS THAT RESULTED IN CONSUMER REFUNDS OR BILL ADJUSTMENTS .

(4) ON AND AFTERS EPTEMBER 1, 2026THE COMMISSION SHALL INCLUDEINEACHDECISIONTHATTHECOMMISSIONREACHESONAMATTER BEFORE THE COMMISSION A SUMMARY OF THE PUBLIC COMMENTS THE COMMISSION RECEIVED ON THE MATTER,INCLUDING A SUMMARY OF THE VOLUME OF COMMENTS RECEIVED ;AN OVERVIEW OF THE ADVOCATED POSITIONS PRESENTED IN THE COMMENTS,INCLUDING COMMENTS THAT SPECIFICALLY ADDRESSED EQUITY ISSUES AND IMPACTS TO DISPROPORTIONATELY IMPACTED COMMUNITIES ;

AND A CLEAR EXPLANATION OF HOW THE COMMISSION CONSIDERED THE ADVOCATED POSITIONS IN REACHING ITS FINAL DECISION ON THE MATTE.

UBLIC -6- 1326 COMMENTS SHALL NOT BE CONSIDERED AS PART OF THE EVIDENTIARY RECORD .

and add34)(a)(XIV)add (34)(a)(XVII) as follows:

GeneralGeneralassembly assembly review ofofregulatory regulatoryagenciesand agenciesfunctions andfunctionsforrepeal,continuation,orreestablishment-legislativefor repeal, continuation, or reestablishment - legislative declaration - repeal.

(27)(a)(27) Thefollowingagencies,functions,orboth,arescheduled(a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2026:

(XVI) TheColoradopublicutilitiescommissioncreatedinarticleThe 2Colorado public utilities commission created in article of title 40;

(34)(a)(34) Thefollowingagencies,functions,orboth,arescheduled(a) The following agencies, functions, or both, are scheduled for repeal on September 1, 2033:

(XIV)(XVII) THE COLORADOPUBLICUTILITIESCOMMISSIONCREATEDINCOLORADO PUBLIC UTILITIES COMMISSION CREATED IN ARTICLE 2OF TITLE40.

InColoradoRevisedStatutes,40-2-101,amend(2);In Colorado Revised Statutes, 40-2-101, amend (2);

PAGE 3-HOUSE BILL 26-1326 40-2-101.

(1)(c)(1) HECOMMISSION(c) ,ACTINGTHROUGHITSDIRECTORHE HASTHECOMMISSION POWERS,ACTING ,THROUGH DUTIES,ITS ANDDIRECTOR FUNCTIONS,HAS RELATEDTHE TOPOWERS ITS,DUTIES,ANDFUNCTIONSRELATEDTOITSBUDGETING BUDGETING,PURCHASING , PURCHASINGPLANNING ,,AND PLANNING, AND RELATED MANAGEMENT FUNCTIONS ,,INCLUDING INCLUDING HUMAN RESOURCES .

(d) W HEN APPOINTING COMMISSIONERS,THECOMMISSIONERS , THE GOVERNOR SHALL CONSIDER INDIVIDUALS WHO ARE KNOWLEDGEABLE OF THE INDUSTRIES THAT THE COMMISSION REGULATES AND WHO PROVIDE A DIVERSITY OF -7-EXPERIENCE 1326AND EXPERIENCEANDUNDERSTANDINGOFPUBLICINTERESTCONSIDERATIONSUNDERSTANDING OF PUBLIC INTEREST CONSIDERATIONS , INCLUDING LAW , FINANCE,FINANCE , EMISSION REDUCTION STRATEGIES , AND CONSUMER PROTECTIONS .

(2) NomoreNo thantwomembersofmore thepublicutilitiescommissionthan two members of the public utilitiesmmission shall be affiliated with the same political party, and anyanyappointment appointment to fill a vacancy shall be for the unexpired term.

The governor shall designate one member of thethecommissionaschairofthecommission.Thecommissionersshalldevote commissiontheir asentire chairtime to the duties of their office to the commission.exclusion of any other employment and shall receive such compensation as is designated by law.

TheA commissionersmajority shallof devote their entire time to the dutiescommission ofshall theirconstituteSTITUTES officea toquorum for the exclusiontransaction of anyits otherbusiness.HE employmentCOMMISSION andMAY shallHOLD receiveWEEKLY suchMEETINGS compensationasisdesignatedbylaw.AmajorityofthecommissionshallFOR constitutCONSTITUTESaTHE quorumforTRANSACTIONOFITS thetransactionof its businHEs.T COMMISSIONMAYHOLDWEEKLYMEETINGSFORTHETRANSACTIONOFITS BUSINESS AND ,,BEGINNING BEGINNING JULY 1, 2027,2027,AMAJORITYOFTHECOMMISSIONERSMUSTATTENDANYSUCHWEEKLY A MAJORITY OF THE COMMISSIONERS MUST ATTEND ANY SUCH WEEKLY MEETING IN PERSON .

N OTHINGINTHISSECTIONPROHIBITSTHECOMMISSIONERSFROMMEETINGOTHING IN THIS SECTION PROHIBITS THE COMMISSIONERS FROM MEETING IN PERSON AT ANY TIME PRIOR TO JULY 1, 2027.

(2.5) (a) IPERFORMING ITS DUTIES PURSUANT TO THIS ARTICLE 40,THE40, THE COMMISSION MAY SEND COMMUNICATIONS THROUGH EMAIL .

(b) TTHECOMMISSIONSHALLADOPTRULESESTABLISHINGPROTOCOLS HEFOR COMMISSIONTHE SHALLUSE ADOPTAND RULESSECURITY ESTABLISHINGOF PROTOCOLSFORTHEUSEANDSECURITYOFEMAILCOMMUNICATIONSSENTEMAIL COMMUNICATIONS SENT BY THE COMMISSION.COMMISSION .

SECTION5.SECTION 5.

InColoradoRevisedStatutes,40-2-103,amend(1)In Colorado Revised Statutes, 40-2-103, amend (1) as follows:

PAGE 4-HOUSE BILL 26-1326 40-2-103.

(1) TheTheexecutivedirectorofthedepartmentofregulatoryagencies, executivepursuant directorto section 13 of thearticle departmentXII of regulatorythe agencies,state pursuantconstitution, toand sectionwith 13the ofapprovalofthecommission,shallappointadirectorofthecommission.The articledirector XIIshall manage the operations of the stateagencyin constitution,order -8-to 1326carryout the public utilities law, to carry out and withimplement policies, procedures, and decisions made by the approvalcommission, and to meet the requirements of the commission,commission shallconcerning appointanymatters within the authorityof a directortype 1 entity, as defined in section 24-1-105, and which requirements are under the jurisdiction of the commission.

The director shallhas manageall the operationspowers of the agency in order to carry out the public utilities law, to carry out and implementresponsibilities policies,procedures,anddecisionsmadebythecommission,andtomeet the requirements of the commissiondivision concerningdirector anyfor mattersthis withinpurpose, theincludingS authorityRESPONSIBLE ofAND aACCOUNTABLE typeFOR 1THE entity,ACTUAL asOPERATIONS definedAND inMANAGEMENT sectionOF 24-1-105,THE andSTATE whichPERSONNEL requirementsSYSTEM areWITHIN underTHE theDIRECTOR jurisdiction'S ofRESPECTIVE theDIVISION commission..

The director has all the powers and responsibilities of the division director for this purpose, includinAND IS RESPONSIBLE AND ACCOUNTABLE FOR THE ACTUALDIRECTOR OPERATIONSHAS AND MANAGEMENT OF THE STATE PERSONNEL SYSTEMWITHINTHEDIRECTOR 'SRESPECTIVEDIVISIO.THEDIRECTORHAS THE POWER TO SUBMIT AN ANNUAL BUDGET PURSUANT TO SECTION 40-2-110ANDINCOORDINATIONWITHTHEDEPARTMENTOFREGULATORY40-2-110 AGENCIES.AND IN COORDINATION WITH THE DEPARTMENT OF REGULATORY AGENCIES .

ADDITIONALLY ,THE DIRECTORDIRECTORHAS HASthepowertoissueallnecessaryprocess,writs,warrants,and the power to issue all necessary process, writs, warrants, and notices.

The director has the requisite power to serve warrants and other process in anycountyorany county or city and county of this state and to delegate such actionsactionstodulyauthorizedemployeesoragentsoftheagencyasappropriate. to duly authorized employees or agents of the agency as appropriate.

SECTION6.SECTION 6.

InColoradoRevisedStatutes,40-2-104,add(5)asIn Colorado Revised Statutes, 40-2-104, add (5) as follows:

(5) THECOMMISSIONSHALLEMPLOYANDDESIGNATEEMPLOYEESTHECOMMISSIONSHALLEMPLOYANDDESIGNATEEMPLOYEESOF OFTHECOMMISSIONTOPERFORMINTERNALANDEXTERNALCOMMUNICATIONS THEAND COMMISSIONENGAGEMENT FUNCTIONS ,INCLUDING TO PERFORMENSURE INTERNALCONSISTENCY AND EXTERNALINCLUSIVENESSOFPUBLICCOMMENTHEARINGSANDTOPROMOTEEFFECTIVE COMMUNICATIONSANDENGAGEMENTFUNCTIONS ,INCLUDINGTOENSURE CONSISTENCYANDINCLUSIVENESSOFPUBLICCOMMENTHEARINGSANDTO PROMOTE EFFECTIVE INTERAGENCY COORDINATION .

-9- 1326 SECTION 7.

(3)(a)PAGE 5-HOUSE BILL 26-1326 (3) (a) The general assemblyfinds,determines,anddeclaresthat:assembly finds, determines, and declares that:

(I) CertainCertaincommunities,bothinColoradoandinternationally,have communities,historicallybeenforcedtobearadisproportionateburdenofadversehuman both in Colorado and internationally, havehistoricallybeenforcedtobearadisproportionateburdenofadverse human health or environmental effects, as documented in numerous studies, includingincludingthe"ToxicWastesandRaceatTwenty,1987-2007"reportbythe the "Toxic Wastes and Race at Twenty, 1987-2007" report by the United Church of Christ Justice & Witness Ministries;

the federal environmental protection agency's annual environmental justice progressreports;anda2021reportfromthe"MappingforEnvironmentalprogress Justice"reports; project at the Berkeley Public Policy/The Goldman School that shows how the pollution burden is distributed in Colorado, while also facingsystemicexclusionfromenvironmentaldecision-makingprocesses and enjoying fewer environmental benefits;

and (II)a The2021 purposereport offrom thisthe subsection"Mapping (3)for isEnvironmental toJustice" ensureproject thatat the commission,BerkeleyPublicPolicy/TheGoldmanSchool inthat exercisingshows itshow regulatorythe authority,pollution willburden takeis accountdistributed ofin and,Colorado, wherewhile possible,also helpfacing tosystemic correctexclusion thesefrom historicaANDenvironmental TAKEtiesdecision-making REASONABLEprocesses ACTIONSand TOenjoying BENEFITfewer COLORADOenvironmental COMMUNITIESbenefits; AND WORKERS ,INCLUDING NET BENEFITS SUCH A:

(A)and H(II) IGH-QUALITYThe JOBSpurpose INof COLORADOthis THATsubsection PROVIDE(3) AFFORDABLEis HEALTHto INSURANCEensure ANDthat PAYthe WAGEScommission,inexercisingitsregulatoryauthority,willtakeaccountofand, THATwhere SUPPORTpossible, Chelp OLORADOto FAMILIES;correct these historical inequitiesTAKE REASONABLEACTIONSTOBENEFIT COLORADOCOMMUNITIESANDWORKERS , INCLUDING NET BENEFITS SUCH AS:

(B)(A) AH WORKFORCEIGHQUALITYJOBSIN WITHCOLORADOTHATPROVIDEAFFORDABLE THEHEALTH TOOLSINSURANCE , OPPORTUNITIES, AND ECONOMICPAY ASSISTANCEWAGES TOTHAT SUCCESSFULLYSUPPORT ADAPTC DURINGOLORADO ANFAMILIES ENERGY; TRANSITION , PARTICULARLY WITHIN COAL TRANSITION AND -10- 1326 ENVIRONMENTAL JUSTICE COMMUNITIES ;AND (C) DECISIONSINWHICH COLORADANSSHAREINTHEBENEFITSOF ENERGY CONSTRUCTION , MAINTENANCE , OPERATION , GENERATION , TRANSMISSION,AND PROCUREMENT .

(c)(B) (IIINAWORKFORCEWITHTHETOOLS ADOPTING,OPPORTUNITIES,ANDECONOMIC RULESASSISTANCE PURSUANT TO THISSUCCESSFULLY SUBSECTIO(3),ADAPT THEDURING COMMISSIONAN SHALLENERGY IDENTIFYTRANSITION EQUITY, IMPACTPARTICULARLY PROCEEDINGSWITHIN THATCOAL HAVETRANSITION THEAND POTENTIALENVIRONMENTAL TOJUSTICE IMPACTCOMMUNITIES ;AND (C) D ECISIONS IN WHICHCOLORADANS SHARE IN THE DISTRIBUTIONBENEFITS OF BENEFITSENERGY ANDCONSTRUCTION BURDENS, TOMAINTENANCE DISPROPORTIONATELY, IMPACTEDOPERATION COMMUNITIES, WORKERSGENERATION , ANDTRANSMISSION INCOME,AND -QUALIFIEDPROCUREMENT CUSTOMERS..

THE(c)(III) COMMISSIONIDOPTINGRULESPURSUANTTOTHISSUBSECTION SHALL(3),THE ENSURECOMMISSIONSHALLIDENTIFYEQUITYIMPACTPROCEEDINGSTHATHAVETHE THATPOTENTIAL EQUITYTO IMPACT PROCEEDINGSTHE INCLUDEDISTRIBUTION PROCEDURALLYOF BENEFITS AND SUBSTANTIVELYBURDENS APPROPRIATETO REQUIREMENTSDISPROPORTIONATELY TOIMPACTED PROMOTECOMMUNITIES EQUITY., WORKERS , AND INCOME -QUALIFIED CUSTOMERS .

(e) THE DIRECTOR OF THE COMMISSION SHALL HIREENSURE ANDTHAT DESIGNATEEQUITY ANIMPACT EMPLOYEEPROCEEDINGS WITHINCLUDE APROCEDURALLY PRIMARYAND PURPOSESUBSTANTIVELY TOAPPROPRIATE OVERSEEREQUIREMENTS THE ONGOINGIMPLEMENTATIONOFTHISSUBSECTION (3)INCLUDINGWORKING WITH THE COMMISSION TO ADOPTPROMOTE RULESEQUITY THA:.

(I)PAGE M6-HOUSE INIMIZEBILL IMPACTS26-1326 ON,(e) THE DIRECTOROFTHE COMMISSIONSHALLHIRE AND PRIORITIZEDESIGNATE BENEFITSAN EMPLOYEE WITH A PRIMARY PURPOSE TO ,OVERSEE DISPROPORTIONATELYTHE IMPACTEDONGOING COMMUNITIESIMPLEMENTATION ;OF THIS SUBSECTION (3),INCLUDING WORKING WITH THE COMMISSION TO ADOPT RULES THAT :

(II)(I) MPLEMENTM EQUITABLEINIMIZE IMPACTS ON , AND INCLUSIVEPRIORITIZE PRACTICE;ANDBENEFITS (III)NGAGEDISPROPORTIONATELYIMPACTEDCOMMUNITIESANDTO JUST, TRANSITIONDISPROPORTIONATELY COMMUNITIES.IMPACTED COMMUNITIES ;

(f)(I)(II) HECOMMISSIONSHALLESTABLISHANEQUITYTASKFORCEIPLEMENT TOEQUITABLE PROVIDEAND INPUTINCLUSIVE ANDPRACTICES RECOMMENDATIONS;AND TO(III) THENGAGE COMMISSIONDISPROPORTIONATELY REGARDINGIMPACTED THECOMMUNITIES IMPLEMENTATIONAND OFJUST THISTRANSITION SUBSECTION(3)INCLUDING:COMMUNITIES .

(A)(f) IDENTIFICATION(I) OFTE BARRIERSCOMMISSION SHALL ESTABLISH AN EQUITY TASK FORCE TO PARTICIPATIONPROVIDE ININPUT AND RECOMMENDATIONS TO THE COMMISSION PROCEEDINGSREGARDING ;THE IMPLEMENTATION OF THIS SUBSECTION (3),INCLUDING :

(B)(A) COMMUNITYIDENTIFICATIONOFBARRIERSTOPARTICIPATIONINCOMMISSION ENGAGEMENTPROCEEDINGS PRACTICES ;

(C)(B) THEC IMPACTSOMMUNITY OFENGAGEMENT COMMISSIONPRACTICES DECISIONS ON -11- 1326 DISPROPORTIONATELY IMPACTED COMMUNITIES AND INCOME QUALIFIED CUSTOMERS ;

(D)(C) EQUITYT IMPACTHE PROCEEDINGS;ANDIMPACTS (E)OF OCOMMISSION THERDECISIONS MATTERSON THATDISPROPORTIONATELY RELATEIMPACTED TOCOMMUNITIES EQUITY,ACCESSIBILITY, AND INCLUSIVEINCOME PARTICIPATION-QUALIFIED INCUSTOMERS COMMISSION; PROCEEDIN.S (II) HEDIRECTOROFTHECOMMISSIONSHALLAPPOINTMEMBERS TO THE EQUITY TASK FORCE .

TO(D) THEE EXTENTQUITY PRACTICABLEIMPACT ,PROCEEDINGS THE;AND MEMBERSHIP(E) OFO THETHER MATTERS THAT RELATE TO EQUITY TASK,ACCESSIBILITY,AND FORCEINCLUSIVE MUSTPARTICIPATION INCLUDEIN REPRESENTATIVESCOMMISSION OF:PROCEEDINGS .

(A)(II) DISPROPORTIONATELYTEDIRECTOROFTHECOMMISSIONSHALLAPPOINTMEMBERSTO IMPACTEDTHE COMMUNITIESEQUITY ;TASK FORCE .

(B)O COMMUNITYTHE BASEDEXTENT ORGANIZATIONSPRACTICABLE ;,THE MEMBERSHIP OF THE EQUITY TASK FORCE MUST INCLUDE REPRESENTATIVES OF :

(C)(A) TRIBALD COMMUNITIES;ISPROPORTIONATELY IMPACTED COMMUNITIES ;

(D)(B) INCOMEC QUALIFIEDOMMUNITY RESIDENTIALBASED UTILITYORGANIZATIONS CUSTOMER;;

(E)(C) UTILITYT WORKERS;RIBAL COMMUNITIES ;

(F)PAGE LABOR7-HOUSE ORGANIZATIONSBILL ;AND26-1326 (G)(D) OINCOME RGANIZATIONS-QUALIFIED WITHRESIDENTIAL EXPERIENCEUTILITY INCUSTOMERS ENVIRONMENTAL; JUSTICE.

(III)(E) ASKFORCEU MEMBERSTILITY SERVEWITHOUTCOMPENSATIONANDWORKERS SHALL; NOT RECEIVE REIMBURSEMENT FOR EXPENSES.

(IV)(F) THEL EMPLOYEEABOR DESCRIBEDORGANIZATIONS IN;AND SUBSECTION(G) (3)(e)OFO THISRGANIZATIONSWITHEXPERIENCEINENVIRONMENTALJUSTICE SECTION SHALL STAFF THE EQUITY TASK FOR.E (V) THE EQUITY TASK FORCE SHALL MEET AT LEAST QUARTERLY AND MAY PROVIDE RECOMMENDATIONS TO THE COMMISSION .

(VI)(III) B EGINNING JULY 1, 2029, AND EVERY THREE YEARS THEREAFTER ,THECOMMISSIONSHALLFORMALLYEVALUATETHEPURPOSE AND FREQUENCY OF EQUITY TASK FORCE MEETINGSMEMBERS TOSERVE DETERMINEWITHOUT THECOMPENSATION CONTINUED NECESSITY AND OPERATIONALSHALL EFFICIENCYNOT OFRECEIVE THEREIMBURSEMENT TASKFOR -12-EXPENSES 1326 FORCE .

(IV) T HE EMPLOYEE DESCRIBED IN SUBSECTION (3)(e)OF THIS SECTION SHALL STAFF THE EQUITY TASK FORCE .

(V) T HEEQUITYTASKFORCESHALLMEETATLEASTQUARTERLYAND MAY PROVIDE RECOMMENDATIONS TO THE COMMISSION .

(VI) B EGINNING JULY 1, 2029, AND EVERY THREE YEARS THEREAFTER ,THE COMMISSION SHALL FORMALLY EVALUATE THE PURPOSE AND FREQUENCY OF EQUITY TASK FORCE MEETINGS TO DETERMINE THE CONTINUEDNECESSITYANDOPERATIONALEFFICIENCYOFTHETASKFORCE .

InColoradoRevisedStatutes,40-5-106,add(3)asIn Colorado Revised Statutes, 40-5-106, add (3) as follows:

(3) ADESIGNATIONA DESIGNATION FOR SERVICE OFPROCESSOF PROCESS FILED PURSUANT TO THIS SECTION MAY BE SENT ELECTRONICALL.ELECTRONICALLY .

SECTION9.SECTION 9.

InColoradoRevisedStatutes,40-6-101,amend(2)In Colorado Revised Statutes, 40-6-101, amend (2) as follows:

(2)(a)(2) XCEPTASOTHERWISEPROVIDEDINSUBSECTION(a) (2)(bOFEXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (2)(b)OF THIS SECTIO,SECTION, the commission may by order direct that any of its work, business,orfunctionsunderanyprovisionoflaw,exceptfunctionsvestedbusiness, solelyinor functions under any provision of law, except functions vested solely in the commission under this title 40, be assigned or referred to an individualindividualcommissionerortoanadministrativelawjudgetobedesignated commissionerPAGE or8-HOUSE toBILL an26-1326 administrativeby laworder judgefor toaction. be designatedbyorderforaction.Thecommissionmaybyorderatanytime amend,modify,supplement,orrescindanysuchassignmentorreference.

WhenThe ancommission may by order at any time amend, modify,supplement,orrescindanysuchassignmentorreference.Whenan individual commissioner or an administrative law judge is unable to act uponuponanymatterassignedorreferredbecauseofabsenceorothercause,the anymatter assigned or referred because of absence or other cause, the chair of the commission may designate another commissioner or administrative law judge, as the case maymaybe, be, to serve temporarilytemporarilyuntil until the commission otherwise orders.

(b) EverycasesubmittedtothecommissionforadjudicationmustEvery beheardinthefirstinstancebythecommissioANADMINISTRATIVELAWcase submitted to the commission for adjudication must be heard in the first instance by the commission ADMINISTRATIVE LAW JUDGE unless, byrule,by rule, minute order, or written decision, the commission assignsthecasetoanadministrativelawjudgTHECOMMISSIONENBANCassigns the case to an administrative law judgeE COMMISSION EN BANC or to an individual commissioner for hearing.

SECTIONSECTION10. 10.

InInColoradoRevisedStatutes,40-6-102,amend Colorado Revised Statutes, 40-6-102, amend -13- 1326 (1) as follows:

ServiceService-fees-depositions-examinationofwitnesses. - fees - depositions - examination of witnesses.

(1) The commission, each commissioner, an administrative law judge with respect to matters referred to such judge, and the director of the commission have power toAYto MAY issue notices, orders to satisfy or answer, summonses, subpoenas, and commissions to take the deposition of anyAany A witness whose testimonyistestimony is required in anyproceedingany proceeding pending before the commission in like manner and to the same extent as courts of record.

The process issued by the commission, anyissioner,anyA commissioner, an administrative law judge, or the director of the commission shall extendextendXTENDS EXTENDS to all parts of the state and beyond the boundarieOFthereofboundaries thereof THE STATE as may be provided by law or the Colorado rules of civil procedureandmaybeservedbyanyprocedure and may be served by any A personauthorizedtoserveprocessperson authorized to serve process of courts of record, by anyrsonany A person designated for that purpose by the commissionoracommissioner,orbyfirst-classmail,postageprepaid,commission providedor ina sectioncommissioner,orbyfirst-classmail,postageprepaid, asprovidedinsection 40-6-108.

The person executing any such process shall receive such compensationcompensationasmaybeallowedbythecommission,nottoexceedthefees asnow mayprescribed be allowed by thelaw commission,for notsimilar toservices, exceedand thesuch fees nowshall prescribedbe bypaid lawin forthe similarsame services,manner andas suchfeesshallbepaidinthesamemannerasprovidedforpaymentoftheprovided for payment of the fees of witnesses.

SECTIONSECTION11. 11.

InInColoradoRevisedStatutes,40-6-108,amend(3) Colorado Revised Statutes, 40-6-108, amend (3) as follows:

PAGE 9-HOUSE BILL 26-1326 40-6-108.

(3)(a)(3) Serviceinallapplications,petitions,complaints,hearings,(a) investigations,andotherproceedingspendingbeforethecommissionmayService in all applications, petitions, complaints, hearings, investigations, and other proceedings pending before the commission may be made upon any person upon whom a summons may be served in -14- 1326 accordance with the provisions of the Colorado rules of civil procedure or may be made personally or by first-class mail.

In all cases wherein service is obtained bybymail mailbythe by the commission, the certificate of the director of the commission of suchmailingsuch THE mailing shall ISbeIS prima facie evidence that service has been obtained, and the time fixed in any order or noticeshallcommenceCOMMENCESnotice shall commence COMMENCES to run fromthefrom the date of mailing as shown in suchTHEsuch THE certificate.

The mailing of anyanynotice notice or other paper byanyotherpartytobyanyother aproceedingshallbeevidencedbythecertificateofparty to a proceeding shall be evidenced by the certificate of the person mailing suTHEnoticesuch THE notice or other paper, and the time fixed in any suchnoticesuch notice or otherotherpapershallcommence paperCOMMENCES shalltorunfromthedateofmailingas commCOMMENCES to run from the date of mailing as shown in suchertificate.such THE certificate.

(b) HESERVICEDESCRIBEDINTHISSUBSECTIONTHE (3)MAYINSTEADSERVICE BEDESCRIBED MADEIN ELECTRONICALLYTHIS SUBSECTION (3)MAY INSTEAD BEMADEELECTRONICALLY .IFTHESERVICEISMADEELECTRONICALLY ,THE ELECTRONIC CERTIFICATE OF THE DIRECTOR OF THE COMMISSION IS PRIMA FACIE EVIDENCE THAT SERVICE HAS BEEN OBTAINED ,AND THE TIME FIXED IN AN ORDER OR NOTICE RUNS FROM THE DATE OF THE ELECTRONIC COMMUNICATION AS SHOWN IN THE CERTIFICATE .

FSECTION12. THE SERVICE IS MADE ELECTRONICALL, THE ELECTRONIC CERTIFICATE OF THE DIRECTOR OF THE COMMISSION IS PRIMAFACIEEVIDENCETHATSERVICEHASBEENOBTAINED ,ANDTHETIME FIXED IN AN ORDER OR NOTICE RUNS FROM THE DATE OFTHE ELECTRONIC COMMUNICATION AS SHOWN IN THE CERTIFICATE.

SECTIONInColoradoRevisedStatutes,40-6-109,amend(6); 12.

In Colorado Revised Statutes, 40-6-109, amend (6);

HearingsHearings-orders-record-review-representationof - orders -record-review - representation of entities in nonadjudicatory proceedings - rules.

(1)(d)(1) NOLATERTHAN(d) NO LATER THAN M ARCH31,2027,THECOMMISSIONSHALLARCH 31, 2027,THE COMMISSION SHALL ADOPT RULES REGARDING THE FORMAT OF EN BANC COMMISSION AND HEARING COMMISSIONER HEARINGS AND MEETINGS ,WHICH RULES MUST INCLUDETHECRITERIATOBEUSEDTODETERMINEWHETHERENBANCANDINCLUDE HEARINGTHE COMMISSIONERCRITERIA HEARINGSTO AND MEETINGS WILL BE HELDUSED INTO PERSONDETERMINE VIRTUALLYWHETHER ,ORHYBRIDINPERSONANDVIRTUALLYEN .NADOPTINGBANC -15- 1326 THE RULES,THE COMMISSION SHALL CONSIDER THE CURRENT PRACTICES OF DELIBERATIVE JUDICIAL BODIES AND CONSIDERHEARINGCOMMISSIONERHEARINGSANDMEETINGSWILLBEHELDINPERSON RULES, FORVIRTUALLY FACTORS SUCH AS TRAVEL COSTS AND REIMBURSEMENTS , CHILDOR CAREHYBRID CONSIDERATIONSIN ,ANDPERSON WEATHER AND EMERGENCYVIRTUALLY CONDITIONS THAT RENDER TRAVEL UNSAFE .

BEFOREN JULYADOPTING 1,THE 2027,ANRULES APPLICANT,THE MAYCOMMISSION REQUESTSHALL THATCONSIDER HEARINGSTHE BECURRENT HELDPRACTICES INOF PERSO,VIRTUALLY,ORDELIBERATIVEJUDICIALBODIESANDCONSIDERRULESFORFACTORSSUCHAS HYBRIDTRAVEL INCOSTS PERSON AND VIRTUALLYREIMBURSEMENTS ,CHILD CARE CONSIDERATIONS ,AND THEWEATHER COMMISSIONAND SHALLEMERGENCY CONSIDERCONDITIONS THETHAT REQUESTRENDER TRAVEL UNSAFE .

(6)PAGE The10-HOUSE commissionBILL maymake26-1326 theB initialEFORE deciONLYJULY in1, cases2027, whereitANADMINISTRATIVELAWJUDGEAN hasnotpresidedatthetakingofAPPLICANT evidence,andtherecommendeddecisionoftheindividualcommissionerMAY orREQUEST administrativeTHAT lawHEARINGS judgeBE mayHELD beIN omittedPERSON in,VIRTUALLY any,OR caseHYBRID inIN whichPERSON theAND commissionVIRTUALLY finds,AND uponTHE theCOMMISSION recordSHALL thatCONSIDER dueTHE andREQUEST timely. execution of its functions imperatively and unavoidably so requires.

SECTION13.(6) The commission may make the initial decision ONLY in cases where itAN ADMINISTRATIVE LAW JUDGE has not presided at the taking of evidence,andtherecommendeddecisionoftheindividualcommissioneror administrative law judge may be omitted in any case in which the commission finds upon the record that due and timely execution of its functions imperatively and unavoidably so requires.

InColoradoRevisedStatutes,40-6-109.5,amendSECTION (1)13. and (4);

In Colorado Revised Statutes, 40-6-109.5, amend (1) and (4);

Hearingsonapplications-timelimitsfordecisionsHearings on applications - time limits for decisions - rules.

(1) Whenever an application of any kind is filed with the commissioncommissionandis and is accompanied bybythe the applicant's supporting testimonytestimonyor oradetailedsummaryofthesupportingtestimony,togetherwithexhibits,a ifdetailed any,summary of the commissionsupporting shalltestimony, issuetogether with exhibits, if any,thecommissionshallissue its decision on the application no later than one hundred twenty days after the application is deemed complete as prescribed by rules promulgaADOPTEDpromulgatedADOPTED by the commission.

HETHE RULES MUSTMUSTPRESCRIBETHATANAPPLICATIONMAYBEDEEMEDINCOMPLETEONLY PRESCRIBEIF THATSUCH AN APPLICATION MAYDOES BENOT DEEMEDMEET INCOMPLETEONLYIFSUCHAPPLICATIONDOESNOTMEETTHEAPPLICATIONTHE APPLICATION REQUIREMENTS PRESCRIBED BY COMMISSION RULE AND DECISIO.DECISION .

If the -16- 1326 commission finds that additional time is required, it may, by separate order, extend the time for decision bybyan an additional period not to exceed one hundred thirtythirtydays. days.

(4) The commission, in particular cases, under extraordinary conditions and after notice and a hearing at which the existence of extraordinaryextraordinaryconditionsisestablished,mayextendthetimelimitsspecified conditions is established, may extend the time limits specified in subsections (1) and (2) of this section for a period not to exceed an additional one hundred tNINETYthirtyINETY days.

(5) A FAILURE TO ACT UPON AN APPLICATION WITHIN THE TIME PERIODS SPECIFIED IN THIS SECTION CONSTITUTES AN APPROVAL OF THE APPLICATION BY OPERATION OF LAW.LAW .

(6) A N UNOPPOSED MOTION FOR PERMISSIVE INTERVENTION IS PAGE 11-HOUSE BILL 26-1326 APPROVED BY OPERATION OF LAW UNLESS THE COMMISSION ISSUES A DECISIONDENYINGTHEMOTIONWITHINTHIRTYDAYSAFTERTHEMOTIONDECISION DENYING THE MOTION WITHIN THIRTY DAYS AFTER THE MOTION HAS BEEN FILED.FILED .

SECTION14.SECTION 14.

InColoradoRevisedStatutes,40-7-113.5,amendIn Colorado Revised Statutes, 40-7-113.5, amend (1)(a) introductory portion, (1)(b), and (2)(a) as follows:

(1) (a) In addition to anyanyother otherpenaltyotherwise penalty otherwise authorized bybylaw law and except as otherwise provided in subsections (3), (4), and (5) of this section, a public utility furnishing electric, gas, water, water and sewer, or telecommunications service that intentionally violates any provision of articles 1 to 7 or 15 of thTITLE40this title40 or of any rule,ruleTARIFF TARIFF,, or order of thethecommission commisADOPTEDORISSUEDADOPTEDORISSUED pursuantpursuanttosucharticles toARTICLES such1TO articleARTICLESOR 115OFTHIS TOTITLE 7OR40, 15OF THIS TITLE40, which provision is applicabletosuchutility,maybeassessedacivilpenaltyofnotmorethanapplicable -17-to 1326such utility, may be assessed a civil penalty of not more than two SEVEN thousand FIVE HUNDRED dollars;

(b) CivilCivilpenaltiesassessedpursuanttothissectionshallbepaidand penalties assessed pursuant to this section shall be paid and credited to the general fund, in addition to any other sanctions that maybeimposedpursuanttolaw;may be imposedpursuanttolaw;

EXCEPTTHATCIVILPENALTIESASSESSEDEXCEPTTHATCIVILPENALTIESASSESSEDAGAINST AGAINST AN ELECTRIC OR GAS UTILITY SHALL BE PAID TO THE PUBLIC UTILITIESCOMMISSIONFIXEDUTILITYFUNDCREATEDINSECTIONUTILITIES COMMISSION FIXED UTILITY FUND CREATED IN SECTION 40-2-114 (1)(b)(IIAND(1)(b)(II) AND SHALL BE USED FOR AFFORDABILITY PROGRAMS OR OUTREACHANDENGAGEMENTDIRECTLYRELATEDTOINCOMEOUTREACH QUALIFIEDAND ENGAGEMENT DIRECTLY RELATED TO INCOME -QUALIFIED CUSTOMERS OR DISPROPORTIONATELY IMPACTED COMMUNITIES .

(2)(a)(2) Thecommissionshalladoptrulesspecifyingtheparticular(a) The commission shall adopt rules specifying the particular violations, and the amount of the civil penalties to be assessed for each violation pursuant to subsection (1) of thisNthis DETERMININGsection. THE AMOUNT OF CIVIL PENALTIES TO BE ASSESSED FOR EACH VIOLATI,THE COMMISSIONSHALLCONSIDERFACTORSINCLUDINGTHEUTILITYSIZE ,THE ACTUAL OR POTENTIAL HARM OF A VIOLATION ,AND ANY MITIGATING CIRCUMSTANCES OR ACTIONS OF THE UTILITY.

SECTION15.IERMINING THE AMOUNT OF CIVIL PENALTIES TO BE ASSESSED FOR EACH VIOLATION ,THE COMMISSION SHALL CONSIDER FACTORS INCLUDING THE UTILITY SIZE ,THE ACTUAL OR POTENTIAL HARM OF A VIOLATION ,AND ANY MITIGATING CIRCUMSTANCES OR ACTIONS OF THE UTILITY .

InColoradoRevisedStatutes,repealandreenact,SECTION with15. amendments, 40-6.5-105 as follows:

In Colorado Revised Statutes, repeal and reenact, PAGE 12-HOUSE BILL 26-1326 with amendments, 40-6.5-105 as follows:

(a) INTERVENORITERVENORPARTICIPATIONINCOMMISSIONPROCEEDINGSOFTEN PARTICIPATION IN COMMISSION PROCEEDINGS OFTEN REQUIRES LEGAL,TECHNICALLEGAL ,TECHNICAL ,AND EXPERT RESOURCES ;

-18- 1326 (b) THE GENERAL ASSEMBLY HAS PREVIOUSLY AUTHORIZED INTERVENORINTERVENORCOMPENSATION COMPENSATION,BUTTHESTATUTELACKSSUFFICIENTCLARITY ,BUT THE STATUTE LACKS SUFFICIENT CLARITY REGARDING ELIGIBILITY,STANDARDS ,AND PROCEDURES FOR INTERVENORCOMPENSATIONINTERVENOR ,WHICHCOMPENSATION LACK,WHICHLACKOFCLARITYHASRESULTEDINTHEAUTHORITY OFCLARITYHAS RESULTEDIN THE AUTHORITY GOING UNUSED ;

(c) OTHERO THER JURISDICTIONS , INCLUDING C ALIFORNIA, HAVE SUCCESSFULLYSUCCESSFULLYIMPLEMENTEDINTERVENORCOMPENSATIONPROGRAMSTHAT IMPLEMENTED INTERVENOR COMPENSATION PROGRAMS THAT IMPROVE DECISION-MAKINGDECISION MAKING AND PUBLIC PARTICIPATION;ANDPARTICIPATION ;AND (d) C LARIFYING CCOLORADO OLORADO LAW REGARDING INTERVENOR COMPENSATIONCOMPENSATIONWILLPROMOTEMEANINGFULPARTICIPATION WILL,IMPROVETHE PROMOTE MEANINGFUL PARTICIPATION ,IMPROVE THE EVIDENTIARY RECORD ,,AND AND SUPPORT EQUITABLE ACCESS TO COMMISSION PROCEEDINGS .

(2) ASA S USED IN THIS SECTIO,UNLESSSECTION,UNLESS THE CONTEXT OTHERWISE REQUIRES :

(a) "EXPERT WITNESS FEES"MEANSFEES " MEANS RECORDED OR BILLED COSTS THAT AN INTERVENOR INCURS FOR AN EXPERT WITNESS.WITNESS .

(b) "NTERVENOR"ITERVENOR "MEANSAPARTY"MEANS ,OTHERTHANAPUBLICUTILITYA ORPARTY STATE,OTHER ORTHAN LOCALA GOVERNMENTPUBLIC AGENCYUTILITY ,ORSTATEORLOCALGOVERNMENTAGENCY WHOSE,WHOSEMOTIONFORPERMISSION MOTION FOR PERMISSION TO INTERVENE HAS BEEN GRANTED BY THE COMMISSION.COMMISSION .

(c) "M ATERIAL ASSISTANCE " MEANS THAT AN INTERVENOR 'SS TESTIMONY OR PARTICIPATION IN A COMMISSION PROCEEDING HA:HAS :

(I) CONTRIBUTEDC ONTRIBUTED TO THE DEVELOPMENT OF A MORE COMPLETE ADMINISTRATIVE RECORD IN THE PROCEEDING;PROCEEDING ;

PAGE 13-HOUSE BILL 26-1326 (II) SSISTEDTHEASSISTED COMMISSIONINITSEVALUATIONOFTHEISSUESTHE COMMISSION IN ITS EVALUATION OF THE ISSUES PRESENTED IN THE PROCEEDING;ORPROCEEDING ;OR (III) CCONTRIBUTED ONTRIBUTED TO A MORE COMPLETE RECORD OR UNDERSTANDING OF IMPACTS ON RATEPAYERS , INCOME QUALIFIED-QUALIFIED -19- 1326 CUSTOMERS ,OR DISPROPORTIONATELY IMPACTED COMMUNITIES .

(d) "REASONABLE COSTS "INCLUDES:" INCLUDES:

(I) ATTORNEY FEES;FEES ;

(II) XPERTEXPERT WITNESS FEES;AND (III) OTHERO THER REASONABLE OUT -OF-POCKET EXPENSES THAT AN INTERVENOR DIRECTLY INCURS.INCURS .

(e) "SUBSTANTIAL CONTRIBUTION " MEANS THAT , IN THE COMMISSION SSJUDGMENT JUDGMENT,ANINTERVENOR ,THROUGHTHEIRPARTICIPATION ANIN INTERVENORA , THROUGH THEIR PARTICIPATIONINA COMMISSION PROCEEDING ,HAS PROVIDED MATERIAL ASSISTANCE TO THETHECOMMISSIONINTHEDEVELOPMENTOFTHEADMINISTRATIVERECORDBY COMMISSION IN THE DEVELOPMENT OF THE ADMINISTRATIVE RECORD BY PROVIDING ANY OF THE FOLLOWING:FOLLOWING :

(I) ACTUALFACTUAL CONTENTIONS ;

(II) EGALLEGAL CONTENTIONS ;OR (III) OLICY OR PROCEDURAL RECOMMENDATIONS .

(I) THETEINTERVENORMAKESAUNIQUESUBSTANTIALCONTRIBUTION INTERVENOR; MAKES A UNIQUE SUBSTANTIAL CONTRIBUTION ;AND (II) HE INTERVENOR S COSTS INCURRED TO PARTICIPATE IN THE PROCEEDING ARE REASONABLE .

(b)AND AN(II) THE INTERVENOR THAT'S MAKESA SUBSTANTIALCONTRIBUTION MAY RECEIVE COMPENSATION FOR ALL REASONABLE COSTS RELATEDINCURRED TO THEPARTICIPATE SUBSTANTIAL CONTRIBUTION ,EVEN IF THE COMMISSION DOES NOT EXPRESSLY CITE OR REFERENCE THE INTERVENOR IN THE COMMISSIONSPROCEEDING FINALARE ORDERREASONABLE OR. DECISION ON THE MATTE.

(c)(b) ANINTERVENORISNOTREQUIREDTODEMONSTRATETHATTHEA -20-N 1326 INTERVENOR SPARTICIPATIONINAPROCEEDINGADDRESSEDISSUESTHATTHAT WEREMAKES A SUBSTANTIAL CONTRIBUTION MAYRECEIVECOMPENSATIONFORALLREASONABLECOSTSRELATEDTOTHE PAGE 14-HOUSE BILL 26-1326 SUBSTANTIAL CONTRIBUTION , EVEN IF THE COMMISSION DOES NOT ADDRESSEDEXPRESSLY BYCITE OR REFERENCE THE OFFICEINTERVENOR OFIN THE UTILITYCOMMISSION CONSUMER'S ADVOCATEFINAL ORDER OR DECISION ON THE MATTER .

(4)(c) (a)A HEN COMMISSIONINTERVENOR MAYIS ADOPTNOT RULESREQUIRED TO IMPLEMENTDEMONSTRATE THISTHAT SECTION.THE INTERVENOR S PARTICIPATION IN A PROCEEDING ADDRESSED ISSUES THAT WERE NOT ADDRESSED BY THE OFFICE OF THE UTILITY CONSUMER ADVOCATE .

(b)(4) FTHE(a) COMMISSIONADOPTSRULESPURSUANTTOSUBSECTIONTHE (4)(aOFCOMMISSION THISMAY SECTIO,THEADOPT RULES MUSTTO INCLUDE:IMPLEMENT THIS SECTION .

(I)(b) IF THE PROCESSCOMMISSION BYADOPTS WHICHRULES ANPURSUANT INTERVENORTO PETITIONSSUBSECTION THE(4)(a)OF COMMISSIONTHIS FORSECTION,THE PAYMENTRULES OFMUST REASONABLEINCLUDE COSTS: ;

(II)(I) GUIDELINEST FORHE DETERMININGPROCESS REASONABLEBY COSTSWHICH FORAN REIMBURSEMENTINTERVENOR ;ANDPETITIONS (III)THE UIDELINESCOMMISSION FOR DETERMININGPAYMENT MATERIALOF ASSISTANC.REASONABLE COSTS ;

(5)(II) TG HEUIDELINES IMPLEMENTATIONFOR OFDETERMINING THISREASONABLE SECTION,INCLUDINGCOSTS ANYFOR AWARDREIMBURSEMENT OF; INTERVENOR COMPENSATION , IS SUBJECT TO AVAILABLE APPROPRIATIONS.

AND (III) GUIDELINES FOR DETERMINING MATERIAL ASSISTANCE .

(5) THEIMPLEMENTATIONOFTHISSECTION ,INCLUDINGANYAWARD OF INTERVENOR COMPENSATION , IS SUBJECT TO AVAILABLE APPROPRIATIONS .

(1) (b) The notice shall be tendered by the enforcement official, eitherineither in person, or by certifiedBYcertified mBY EMAIL SENT BY INVESTIGATIVE STAFFOFTHECOMMISSIONSTAFF OF THE COMMISSION , or bypersonalservicebyapersonauthorizedby personal service by a person authorized to serve process under rule 4 (d) of the Colorado rules of civil procedure and shallUSTshallMUST contain:

InColoradoRevisedStatutes,40-7-116.5,amendIn Colorado Revised Statutes, 40-7-116.5, amend (1)(b) introductory portion as follows:

PAGE 15-HOUSE BILL 26-1326 40-7-116.5.

EnforcementEnforcementofcivilpenaltiesagainstpublicutilities. of civil penalties against public utilities.

-21- 1326 (1) (b) The notice shall be tendered bybythe the director or his or her THE DIRECTOR S designee either in person, or bycertifieORby EMAIL,certified OR EMAIL , or bypersonalby personal service byanyby anyA person authorized to serve process under rule4(d)oftheColoradorulesofcivilprocedureandshallrule MUST4 (d) of the Colorado rules of civil procedure and shallT contain:

Legal services offset fundfund-creation-exemptionfrom - creation - exemption from maximum reserve.

(1)(a)(1) (a) The legal services offset fund is herebycreatedinthestateherebyeated in the state treasury.

The fund consists of the civil penalties that are collected and credited to the fund pursuant to section 40-7-112 (1)(b) for violations of article 10.1 of this title 40 or commission rules promuADOPTEDpromulgated ADOPTED pursuant to article 10.1 of this title 40.

The money in the fund is continuously appropriated to the department of regulatory agencies COMMISSION forusetoforusetooffsetthecostsoflegalrepresentationof offsetthestaffof the costs of legal representation of the staff of the commission in proceedings before the commission concerning the enforcement of article 10.1 of this title 40.

The department of regulatory agenciesCOMMISSIONagencies shallusethemoneyinthelegalservicesoffsetfundCOMMISSION toshall supportuse appropriationsthe mademoney toin the departAGENCYlegal thatservices areoffset usedfund fortosupport appropriations made to the departmentAGENCY thatareusedfor legal representation of the staff of the commission in proceedings concerning the enforcement of article 10.1 of this title 40.

SECTIONSECTION19. 19.

InInColoradoRevisedStatutes,40-2-123,add(6)and Colorado Revised Statutes, 40-2-123, add (6) and (7) as follows:

Energy technologies -consideration- consideration by commission - incentives - demonstration projects - commission may require specific customer-facing programs - legislative declaration - definitions.

-22- 1326 (6) (a) HETE GENERAL ASSEMBLY FINDS AND DECLARES THAT :

(I) SINCESNCE 2007,2007,C COLORADOOLORADOHASENACTEDSEVERALSTATUTESTHAT HAS ENACTED SEVERAL STATUTES THAT DIRECT COMMISSION -REGULATED INVESTOR -OWNED UTILITIES TO IMPLEMENT CUSTOMER -FACING PROGRAMS AIMED AT REDUCING ENERGY BILLS,REDUCINGENERGYCONSUMPTIONBILLS,REDUCING ,ORSUPPORTINGTHETRANSITIONENERGY CONSUMPTION , OR SUPPORTING THE TRANSITION PAGE 16-HOUSE BILL 26-1326 TO LOWER -OR ZERO-CARBON -EMITTING TECHNOLOGIES;TECHNOLOGIES ;

(II) SCHSUCH CUSTOMER FACING-FACING PROGRAMS INCLUDE DEMAND -SIDE MANAGEMENT ,BENEFICIAL, ELECTRIFICATIO,CLEANBENEFICIAL ELECTRIFICATION,CLEAN HEAT PLANS ,AND TRANSPORTATION ELECTRIFICATION ;

(III) FOR MANY OF THESE PROGRAMS ,UTILITIES, UTILITIES MAY LACK A NATURAL INCENTIVE TO TAKE CERTAIN ACTIONS OR IMPLEMENT THESE PROGRAMSEFFECTIVELY .ADDITIONALLY ,DUETOSTAFFINGORECONOMIES OF SCALE,SMALLER UTILITIES MAY LACK THE ABILITY TO OPERATE SUCH PROGRAMS EFFECTIVELYAT A REASONABLE COST TO RATEPAYERS .

ADDITIONALLY(IV) E STABLISHED STATE ENTERPRISES ,SUCH AS THE BUILDING DECARBONIZATION ENTERPRISE CREATED IN SECTION 24-38.5-125,MAY PROVIDE AN ALTERNATIVE OPTION FOR ADMINISTERING COMPETITIVE SOLICITATIONS FOR THIRDPARTY PROGRAM ADMINISTRATION ;AND (V) T HEREFORE , DUETHE COMMISSION SHOULD BE AUTHORIZED TO STAFFINGREQUIRECOMMISSION REGULATEDINVESTOR -OWNEDUTILITIESTOENGAGE ONE OR ECONOMIESMORE THIRD PARTIES TO ADMINISTER SPECIFIC CUSTOMERFACING PROGRAMS IF THE COMMISSION DEEMS THE USE OF SCALEONE ,SMALLEROR UTILITIESMORE MAYTHIRD LACKPARTIESPRUDENTANDINTHEBESTINTERESTOFRATEPAYERS .NADDITION , THE ABILITYCOMMISSION SHOULD BE AUTHORIZED TO OPERATEREQUIRE SUCHTHE PROGRAMSUSE ATOF A REASONABLECOMPETITIVE COSTBIDDING PROCESS TO RATEPAYERSPROCURE THE SERVICES OF A THIRD-PARTY ADMINISTRATOR .

(IV)(b) E STABLISHED STATE ENTERPRISE, SUCH AS THE BUILDING DECARBONIZATION ENTERPRISE CREATED IN SECTION 24-38.5-125,MAY PROVIDE AN ALTERNATIVEADJUDICATORY OPTIONPROCEEDING FOR,THE ADMINISTERINGCOMMISSION COMPETITIVEMAY SOLICITATIONSREQUIREACOMMISSION FOR-REGULATEDINVESTOR THIR-PARTYOWNEDUTILITYTOENGAGE PROGRAMONE ADMINISTRATIONOR ;ANDMORE (V)THIRD THEREFOREPARTIES ,THETO COMMISSIONADMINISTER SHOULDSPECIFIC BECUSTOMERFACING AUTHORIZEDPROGRAMS TOIF REQUIRETHE COMMISSION -REGULATEDDEEMS INVESTORTHE -OWNEDUSE UTILITIESOF TO ENGAGE ONE OR MORE THIRD PARTIES TO ADMINISTER SPECIFIC CUSTOMER FACINGPROGRAMSIFTHECOMMISSIONDEEMSTHEUSEOFONE OR MORE THIRD PARTIES PRUDENT AND IN THE BEST INTEREST OF RATEPAYERS .INADDITION ,THECOMMISSIONSHOULDBEAUTHORIZEDTO REQUIRE THE USE OF A COMPETITIVE BIDDING PROCESS TO PROCURE THE SERVICES OF A THIR-PARTY ADMINISTRATOR .

-23-THE 1326 (b) IN AN ADJUDICATORY PROCEEDING ,THE COMMISSION MAY REQUIRE A COMMISSIONCOMPETITIVE REGULATEDBIDDING INVESTORPROCESS -OWNED UTILITY TO ENGAGEPROCURE ONE OR MORE THIRD PARTIES TO ADMINISTER SPECIFIC CUSTOMER -FACINGPROGRAMSIFTHECOMMISSIONDEEMSTHEUSEOFONE OR MORE THIRD PARTIES PRUDENT AND IN THE BESTSERVICES INTEREST OF RATEPAYERSA THIRDPARTY ADMINISTRATOR .

HE(c) COMMISSIONASUSEDINTHISSUBSECTION MAY(6),"CUSTOMER REQUIRE-FACINGPROGRAM A" COMPETITIVEMEANSAPROGRAMAIMEDATREDUCINGENERGYBILLS BIDDINGREDUCINGENERGY PROCESSCONSUMPTION TO, PROCUREOR SUPPORTING THE SERVICESTRANSITION OFATO THI-PARTYLOWER ADMINISTRATOR- OR ZERO-CARBON -EMITTING TECHNOLOGIES .

(c)(7) AS(a) USEDAOMMISSION IN-REGULATED THISINVESTOR SUBSECTION-OWNED (6),UTILITY CUSTOMERMAY -FACINGPAGE PROGRAM17-HOUSE "BILL MEANS26-1326 AENTERINTOATHIRD PROGRAM-PARTYAGREEMENTTOFACILITATECUSTOMER AIMEDFACING ATPROGRAMS REDUCING,SUBJECT ENERGY BILLS , REDUCING ENERGY CONSUMPTION ,OR SUPPORTING THE TRANSITION TO LOWERCOMMISSION -ORAPPROVAL ZERO-CARBON. -EMITTING TECHNOLOGIES.

(7)(a)THE COMMISSION REGULATEDINVESTOR OWNEDUTILITYMAY ENTER INTO A THIRD-PARTY AGREEMENT TO FACILITATE CUSTOMER -FACINGPROGRAMS SUBJECTTOCOMMISSIONAPPROVAL .THE COMMISSION MAY DIRECT AACOMMISSION COMMISSION-REGULATED-REGULATEDINVESTOR INVESTOR-OWNEDOWNEDUTILITYTOPROPOSE UTILITY TO PROPOSE TO THE COMMISSION THE USE OF THIRD -PARTYPARTY ADMINISTRATION FOR CUSTOMER FACING PROGRAMS .

(b) IN A COMMISSION-REGULATEDCOMMISSION -REGULATED INVESTOR OWNED-OWNED UTILITY S'S PROPOSAL TO UTILIZE THIRD-PARTYTHIRD PARTY ADMINISTRATION OF A CUSTOMER -FACINGFACING PROGRAM , THE UTILITY SHALL EXPLAIN TO THE COMMISSIONHOWTHEUTILITYCONSIDEREDTHEFOLLOWINGINRELATIONCOMMISSION HOW THE UTILITY CONSIDERED THE FOLLOWING IN RELATION TO THE CUSTOMER FACING-FACING PROGRAM :

(I) THET HE POTENTIAL FOR PROGRAM SUCCESS BASED ON AN ASSESSMENT OF SIMILAR ADMINISTRATION STRUCTURES THAT OTHER UTILITIES USE FOR SIMILAR CUSTOM-FACINGCUSTOMERFACING PROGRAMS;PROGRAMS ;

(II) TEADMINISTRATIVECOSTRATIOOFADMINISTERINGREBATESTE ADMINISTRATIVE COST RATIO OF ADMINISTERING REBATES VERSUS THE INCENTIVES PAID OUT AS PART OF THE PROGR;MPROGRAM; -24- 1326 (III) THE TIME REQUIRED TO FULFILL CUSTOMER REBATE REQUESTS ;AND (IV) PRIOR PROGRAM PERFORMANCE UNDER A UTILITY -LED MODEL .

(c)(III) INTETIMEREQUIREDTOFULFILLCUSTOMERREBATEREQUESTS AN; APPLICATION TO THE COMMISSION TO ENTER INTO A THIRD-PARTYAGREEMENTTOFACILITATECUSTOMER FACINGPROGRAMS , THE UTILITY MAY NOT:

(I) ORCEALAYOFFOF ,ORUNILATERALLYCHANGETHETERMSOF EMPLOYMENT FOR ,THE UTILITY EMPLOYEES WHO,IN WHOLE OR IN PAR, PERFORMTHEADMINISTRATIVEORSERVICE FUNCTIONSFORTHESPECIFIC PROGRAM , SUBJECT TO A THIRD-PARTY AGREEMENT ,AND WHO ARE COVEREDBYACOLLECTIVEBARGAININGAGREEMENTUNLESSTHEUTILITY AND THE(IV) LABORPRIORPROGRAMPERFORMANCE UNIONUNDERAUTILITY REPRESENTINGLEDMODEL THE EMPLOYEES COME TO AN AGREEMENT TO REASSIGN THE EMPLOYEES TO OTHER POSITIONS WITHIN THE UTILITY AT COMPARABLE PAY AND BENEFITS AS PER THE TERMS OF THE COLLECTIVE BARGAINING AGREEMENT AND ANY RELATED COMPANY POLICIE;AND (II) POPOSE TO ENTER INTO ANY THIRPARTY ADMINISTRATOR AGREEMENTS THAT CANCEL OR MODIFY AGREEMENTS WITH CONSTRUCTION OR UTILITY CONSTRUCTION CONTRACTORS WHO ARE UNDER A CURRENT CONTRACT TO PERFORM WORK DIRECTLY FOR THE UTILITYONADEMAND -SIDEMANAGEMENT ,BENEFICIALELECTRIFICATIO, CLEANHEAT ORTRANSPORTATION ELECTRIFICATION CUSTOMER -FACING PROGRAM .

T(c) HE CONTRACTS SHALL REMAIN IN FORCEAN EVENAPPLICATION IF A THIRD-PARTY ADMINISTRATOR IS CONTRACTED TO ADMINISTER THE CUSTOMERCOMMISSION -FACINGPROGRAM .FUTURECONSIDERATIONSASTOWHETHER TO EXTENDENTER ORINTO RENEWA THETHIRD-PARTY CONSTRUCTIONAGREEMENT ORTO UTILITYFACILITATE CONSTRUCTIONCUSTOMER -25--FACING 1326PROGRAMS CONTRACTORS, 'AGREEMENTS CAN REMAIN WITH THE UTILITY ,ANDMAY THENOT: UTILITY CAN REMAIN THE CLIENT OFRECORD FOR THE CONSTRUCTION OR UTILITY CONSTRUCTION CONTRACTORS .

PROGRAMS(I) THATFORCE DIRECTA LAYOFF OF,OR UNILATERALLY CHANGE THE TERMS OF EMPLOYMENT FOR ,THE UTILITY EMPLOYEES WHO ,IN WHOLE OR IN PART, PERFORM THE ADMINISTRATIVE OR SERVICE FUNCTIONS FOR THE SPECIFIC PROGRAM SUBJECTTOATHIRD -PARTYAGREEMENT ANDWHOARECOVERED BY A RESIDENTIALCOLLECTIVE BARGAINING AGREEMENT UNLESS THE UTILITY AND THE LABOR UNION REPRESENTING THE EMPLOYEES COME TO AN AGREEMENT TO REASSIGN THE EMPLOYEES TO OTHER POSITIONS WITHIN THE UTILITY AT COMPARABLE PAY AND BENEFITS AS PER THE TERMS OF THE COLLECTIVE BARGAINING AGREEMENT AND ANY RELATED COMPANY POLICIES ;AND (II) PROPOSE TO ENTER INTO ANY THIRD -PARTY ADMINISTRATOR AGREEMENTSTHATCANCELORMODIFYAGREEMENTSWITHCONSTRUCTION PAGE 18-HOUSE BILL 26-1326 OR UTILITY CONSTRUCTION CONTRACTORS WHO ARE UNDER A CURRENT CONTRACT TO PERFORM WORK DIRECTLY FOR THE UTILITY ON A DEMAND -SIDE MANAGEMENT ,BENEFICIAL ELECTRIFICATIO,CLEAN HEAT, OR TRANSPORTATIONELECTRIFICATIONCUSTOMER FACINGPROGRAM .THE CONTRACTS SHALL REMAIN IN FORCE EVEN IF A THIRD PARTY ADMINISTRATOR IS CONTRACTED TO ADMINISTER THE CUSTOMER -FACING PROGRAM .FUTURECONSIDERATIONSASTOWHETHERTOEXTENDORRENEW THE CONSTRUCTION OR UTILITY CONSTRUCTION CONTRACTORS ' AGREEMENTSCANREMAINWITHTHEUTILITY ,ANDTHEUTILITYCANREMAIN THECLIENTOFRECORDFORTHECONSTRUCTIONORUTILITYCONSTRUCTION CONTRACTORS .PROGRAMSTHATDIRECTARESIDENTIALUTILITYCUSTOMER TO ENGAGE A CONTRACTOR DIRECTLY ARE EXEMPT FROM THIS SUBSECTION(7)(c)(II).SUBSECTION (7)(c)(II).

(d) SUBJECT TO COMMISSION APPROVAL BASED ON A DEMONSTRATIONDEMONSTRATIONOFTHEFACTORSSETFORTHINSUBSECTION OF(7)(b)OFTHIS THESECTION, FACTORSA SET FORTH IN SUBSECTION(7)(b)OF THIS SECTION,A COMMISSION -REGULATEDREGULATED INVESTOR -OWNED UTILITY SHALL UTILIZE THIRDTHIRD-PARTY -PARTY ADMINISTRATION FOR ANY CUSTOMER -FACING PROGRAM .

(e) A THIRD PARTY ADMINISTRATOR OF A CUSTOMER -FACING PROGRAM IS DIRECTLY RESPONSIBLE FOR COMPLIANCE WIT,ANDWITH ,AND SHALL ADHERE TO APPLICABLE LABOR STANDARDS FOR ,CONSTRUCTION, CONSTRUCTION - OR UTILITYCONSTRUCTION -SPECIFICSPECIFIC WORK THAT WOULD OTHERWISE BE APPLICABLE TO THE UTILITY UNDECUNDERCOLORADO OLORADO LAW .

RenewableenergyRenewable standards-qualifyingretailandenergy standards - qualifying retail and wholesale utilities - definitions - net metering - exception - legislative declaration - rules.

(1) EachproviderofretailelectricserviceinthestateofColorado,Each otherthanmunicipallyownedutilitiesthatservefortythousandcustomersprovider of retail electric service in the state of Colorado, other than municipally owned utilities that serve forty thousand customers or fewer, is a qualifying retail utility.

Each qualifying retail utility, with the exception of cooperative electric associations that have voted to -26-exempt 1326PAGE exempt19-HOUSE BILL 26-1326 themselves from commission jurisdiction pursuant to section 40-9.5-104 andandmunicipallyownedutilities,issubjecttotherulesestablishedunderthis municipally owned utilities, is subject to the rules established under this article 2 bybythe the commission.

No additional regulatoryregulatoryauthorityis authority is provided to the commission other than that specificallycontainedspecifically contained in this section.

(a) DefinitionsDefinitionsof ofeligibleenergyresourcesthatcanbeusedtomeet eligible energy resources that can be used to meet the standards.

In addition, resourcesresourcesusingcoalminemethaneandsyntheticgasproducedbypyrolysis using coal mine methane and synthetic gas produced by pyrolysis of waste materials are eligible energy resources if the commission determines that the electricity generated by those resources isgreenhousegasneutral.Thecommissionshalldetermine,followinganis evidentiarygreenhouse hearing,gas theneutral. extent to which such electric generation technologies utilized in an optional pricing program may be used to comply with this standard.

AThe fuelcommission cellshall usingdetermine, hydrogenfollowing derivedan fromevidentiary hearing, the extent to which such electric generation technologies utilized in an eligibleenergyresourceisalsoaneligibleelectricgenerationtechnology.optional pricing program may be used to comply with this standard.

FossilA andfuel nuclearcell fuelsusing andhydrogen theirderived from an eligible energyresource is also aneligibleelectricgenerationtechnology.Fossilandnuclearfuelsandtheir derivatives are not eligible energy resources.

(III.5) "EERGY"E NERGY STORAGE "MEANS" MEANS COMMERCIALLY AVAILABLE TECHNOLOGYTHATISCAPABLEOFRETAININGELECTRICITYTECHNOLOGY STORINGTHETHAT ENERGYFORAPERIODOFTIMEIS ,ANDDELIVERINGTHEELECTRICITYAFTERCAPABLE OF RETAINING ELECTRICITY ,STORING THE ENERGY FOR A PERIOD OF TIME ,AND DELIVERING THE ELECTRICITY AFTER STORAGE BY CHEMICAL ,THERMAL ,MECHANICAL ,OR OTHER MEANS.MEANS .

(VII.5) "Renewable energy storage" means an energy storage system,asdefinedinsection40-2-130(2)(a),thatstoresenergyproducedsystem, as defined in section 40-2-130 (2)(a), that stores energy produced only by renewable energy resources.

-27- 1326 (VIII) Except as providedprovidedinsubsection(1)(c)(II)(D)of in subsection (1)(c)(II)(D) of this sectionwithrespecttocooperativeelectricassociations,"retaildistributedsection generation"with meansrespect ato renewablecooperative energyelectric resourceassociations, or"retail renewabledistributed energygeneration"meansarenewableenergyresourceorrenewable storageenergystorage that is located on any property owned or leased by the customer within the service territory of the qualifying retail utility and is interconnected on the customer'ssideoftheutilitymeter.Inaddition,retaildistributedgeneration shallMUST provide electric energy primarily to serve the customer's sideloads and shall be sized to supply no more than two hundred percent of the utilityreasonably meter.expected average annual total consumption of electricity at all properties owned or leased by the customer within the utility's service territory.

InPAGE addition,20-HOUSE retaildistributedgenerationshaMUSTBILL provideelectricenergyprimarily26-1326 to(c) serveElectric theresource customer'sstandards: loads and shall be sized to supply no more than two hundred percent of the reasonably expected average annual total consumption of electricity at all properties owned or leased by the customer within the utility's service territory.

(I) Except as provided in subparagraph (V) of this paragraph (c) ElectricSUBSECTIONS (1)(c)(V) AND (1)(c)(XI)OF THIS SECTION , the electric resource standards:standards shallMUST require each qualifying retail utility to generate,orcausetobegenerated,electricityfromeligibleenergyresources in the following minimum amounts:

(I)(II) Except(A) asOf providedthe inamounts subparagraph (V) of thisdistributed paragraphgeneration (c)in SUBSECTIONSsub-subparagraphs(C),(D),and(E)ofsubparagraph(I),sub-subparagraph (1)(c)(V)(D) ANDof (1)(c)(XI)OFsubparagraph THIS(V), SECTIONand ,subparagraph the(V.5) electricof resourcethis standardsparagraph shallUST(c) requireSUBSECTIONS each(1)(c)(I)(C),(1)(c)(I)(D),(1)(c)(I)(E),(1)(c)(V)(D), qualifying(1)(c)(V.5),ND retail(1)(c)(XI)(BOF utilityTHIS toSECTION, generate,at orleast causeone-half tomust be generated,derivedfromretaildistributedgeneration;exceptthatthissub-subparagraph electricity(A)SUBSECTION from(1)(c)(II)(A)doesnotapplytoaqualifyingretailutilitythat eligibleis energya resourcesmunicipal inutility. the following minimum amounts:

(II)(XI) (A) OfO theN amountsAND ofAFTER distributedJANUARY generation1, in2027,A sub-subparagraphsQUALIFYING (C),RETAIL (D),UTILITY andWITH (E)A ofCLEAN subparagraphENERGY (I),PLAN sub-subparagraph,AS (D)DEFINED ofIN subparagraphSECTION (V),40-2-125.5 and(2)(a),THAT subparagraphHAS (V.5)BEEN ofAPPROVED thisBY paragraphTHE (c)UBSECTIONSCOMMISSION (1)(c)(I)(C),AND (1)(c)(I)(D),THAT (1)(c)(I)(E),DEMONSTRATES (1)(c)(V)(D),(1)(c)(V.5)ANDTHE (1)(c)(XI)(B)OFQUALIFYING RETAIL UTILITY 'S COMPLIANCE WITH THE APPROVED CLEAN ENERGY PLAN ,AS VERIFIED BY THE DIVISION OF ADMINISTRATIONPURSUANTTOSECTION 25-7-105(1)(e)(VII),MAYNOTIFY THE COMMISSION OF ITS COMPLIANCE EACH TIME THAT THE DIVISION OF ADMINISTRATIONVERIFIESCOMPLIANCEWITHTHECLEANENERGYTARGETS ANDTHATTHEQUALIFYINGRETAILUTILITYISOPTINGOUTOFTHEELECTRIC RESOURCE STANDARD REQUIREMENTS DESCRIBED IN SUBSECTION (1)(c)(I) OF THIS SECTION ,OR atIS leastCONTINUING one-halfTO mustOPT beOUT derivedOF fromTHE retailREQUIREMENTS distributed. generation;

except(B) thatA thisQUALIFYINGRETAILUTILITYTHATOPTSOUTOFTHEELECTRIC sub-subparagraphRESOURCE (A)UBSECTIONSTANDARD (1)(c)(II)(A)REQUIREMENTS doesPURSUANT notTO applySUBSECTION to(1)(c)(XI)(A)OFTHIS aSECTION qualifyingSHALLOBTAIN retailAT utilityLEAST thatTHREE isPERCENT aOF municipalITS utility.RETAIL ELECTRICITY SALES FROM DISTRIBUTED GENERATION .

(XI)(C) (A) O N AND AFTER JANUARY 1,2027, A QUALIFYINGQUALIFYINGRETAILUTILITYTHATOPTSOUTOFTHEELECTRIC RETAILRESOURCE -28-STANDARD 1326REQUIREMENTS UTILITYPURSUANT WITHTO ASUBSECTION CLEAN(1)(c)(XI)(A)OF ENERGYTHIS PLAASDEFINEDIN SECTION 40-2-125.5IS (2)(a),THATSTILL HASREQUIRED BEENTO APPROVEDFILE BYAPPLICATIONS WITH THE COMMISSION ANDTO THATSUPPORT DEMONSTRATESTHEQUALIFYINGRETAILUTILITYRETAILDISTRIBUTEDGENERATIONAND SCOMPLIANCEWITHTHESTORAGE APPROVEDPROGRAMS CLEANIN ENERGYACCORDANCE PLANWITH ,ASSUBSECTIONS VERIFIED(1)(e)AND BY(1)(j) THE DIVISION OF ADMINISTRATIONTHIS PURSUANT TO SECTION 25-7-105AND (1)(e)(VIIMAYTO NOTIFYSUBMIT THEAN COMMISSIONANNUAL OFREPORT ITSTO COMPLIANCE EACH TIME THAT THE DIVISIONCOMMISSION OFPAGE ADMINISTRATION21-HOUSE VERIFIESBILL COMPLIANCE26-1326 WITHREGARDING THETHOSE CLEANRETAIL ENERGYDISTRIBUTED TARGETSGENERATION AND THATSTORAGE THEPROGRAMS QUALIFYINGIN RETAILACCORDANCE UTILITYWITH ISSUBSECTION OPTING(1)(h) OUT OF THE ELECTRIC RESOURCE STANDARD REQUIREMENTS DESCRIBED IN SUBSECTION(1)(c)(IOF THIS SECTION OR. IS CONTINUING TO OPT OUT OF THE REQUIREMENTS.

(B)(e) A QUALIFYINGrequirement RETAILthat UTILITYeach THATqualifying OPTSretail OUTutility, OFexcept THEfor ELECTRICcooperative RESOURCEelectric STANDARDassociations REQUIREMENTSand PURSUANTmunicipally TOowned SUBSECTIONutilities, (1)(c)(XI)(A)OFmake THISavailabletotheircustomersastandardrebateofferandnetmeteringservice, SECTIONunder SHALLwhich: OBTAIN AT LEAST THREE PERCENT OF ITS RETAIL ELECTRICITY SALES FROM DISTRIBUTED GENERATION .

(C)(III) AThequalifyingretailutilitymayestablishoneormorestandard QUALIFYINGofferstopurchaserenewableenergycredits RETAILgeneratedfromeligibleenergy UTILITYresources THATon OPTSthe OUTcustomer's OFpremises THEso ELECTRIClong RESOURCEas STANDARDthe REQUIREMENTSgeneration PURSUANTis TOone SUBSECTIONmegawatt (1)(c)(XI)(AOFor THISless SECTIONin ISsize. STILL REQUIRED TO FILE APPLICATIONS WITH THE COMMISSION TO SUPPORT RETAIL DISTRIBUTED GENERATION AND STORAGE PROGRAMS IN ACCORDANCE WITH SUBSECTIONS (1)(e)AND (1)(jOF THIS SECTION AND TO SUBMIT AN ANNUAL REPORT TO THE COMMISSION REGARDING THOSE RETAIL DISTRIBUTED GENERATION AND STORAGE PROGRAMS IN ACCORDANCE WITH SUBSECTION (1)(hOF THIS SECTIO.

(e)When Aestablishing requirementthe standard offers, the qualifyingretailutilityshouldset the prices for renewableenergycreditsat levels sufficient to encourage increased distributed generation and renewable energystorageinthesizerangescoveredbyeachstandardoffer, but at levels that eachwill still allow the qualifying retail utility,utility exceptto forcomply cooperativewith the electric associationsresource andstandards municipallyset ownedforth utilities,in makesubsection -29-(1)(c) 1326of availablethis tosection theirwithout customersexceeding athe standardretail rebaterate offerimpact andlimit netin meteringsubsection service,(1)(g) underof which:this section.

(III) The qualifying retail utility may establish one or more standard offers to purchase renewable energy credits generated from eligible energy resources on the customer's premises so long as the generationisonemegawattorlessinsize.Whenestablishingthestandard offers, the qualifying retail utility should set the prices for renewable energy credits at levels sufficient to encourage increased distributed generation and renewable energy storage in the size ranges covered by each standard offer, but at levels that will still allow the qualifying retail utility to comply with the electric resource standards set forth in subsection (1)(c) of this section without exceeding the retail rate impact limit in subsection (1)(g) of this section.

(I) (A) Except asotherwiseprovidedinas otherwise provided in subparagraph (IV) of this paragraph (g) SUBSECTION (1)(g)(IV)OF(1)(g)(IV) THISOFTHIS SECTION , for each qualifyingETAILqualifying utility,thecommissionshallestablishamaximumretailRETAIL rateutility,thecommissionshallestablishamaximumretailrateimpact impact for this section for compliance with the electric resource standards of two percent of the total electric bill annually for each customer.

The retail rate impact shall be determined net of new alternativesourcesofelectricitysupplyfromnoneligibleenergyresourcesalternative sources of electricity supply from noneligible energy resources that are reasonably available at the time of the determination.

(3) EEXCEPT XCEPT FOR A MUNICIPALLY OWNED UTILITY THAT IS IN COMPLIANCECOMPLIANCEWITHACLEANENERGYPLANAPPROVEDPURSUANTTOSECTION WITH A CLEAN ENERGY PLAN APPROVED PURSUANT TO SECTION 25-7-105 (1)(e), each municipallymunicipallyowned owned electric utilityutilitythatisaqualifying that is a qualifying retail utility shall implement a renewable energy standard -30- 1326 substantially similar to this section The municipally owned utility shall submit a statement to the commission that demonstrates such municipal utilityutilityhas has a substantially similar renewable energy standard.

The statementsubmittedbythemunicipallyownedutilityisforinformationalstatement submitted by the municipally owned utility is for informational purposes and is not subject to approval by the commission.

Upon filing of the certification PAGE 22-HOUSE BILL 26-1326 statement, the municipally ownedANDishallowned utility AND shall have no further obligations under subsection (1) of this section.

(4) EEXCEPT XCEPTFORAMUNICIPALUTILITYTHAT FORISINCOMPLIANCE A MUNICIPAL UTILITY THAT IS IN COMPLIANCE WITH A CLEAN ENERGY PLAN APPROVED PURSUANT TO SECTION 25-7-105 (1)(e), for municipal utilities that become qualifying retaiAretail utilitiesutilitiesUNICIPAL MUNICIPAL UTILITY THAT BECOMES A QUALIFYING RETAIL UTILITYafterUTILITY after December 31, 2006, the percentage requirements identified in subparagraph (V) of paragraph (c) of subsection (1)SUBSECTION (1)(c)(V) of this section shall begin in the first calendar year following qualification as follows:

(5.5) ECEPTFORACOOPERATIVEELECTRICASSOCIATIONTHATISEXCEPT FOR A COOPERATIVE ELECTRIC ASSOCIATION THAT IS IN COMPLIANCE WITH A CLEAN ENERGY PLAN THAT IS APPROVED BY THE COMMISSION PURSUANT TO SECTION 40-2-125.5 (5)(g), each cooperative electricassociationthatisaqualifyingretailutilityshallsubmitanannualelectric association that is a qualifying retail utility shall submit an annual compliance report to the commission no later than June 1 of each year in whichwhichthecooperativeelectricassociationissubjecttotherenewableenergy the cooperative electric association is subject to the renewable energy standard requirements established in this section.

The annual compliancereportshallMUSTcompliance describethestepstakenbythecooperativereport electricshall associationMUST todescribe complythe withsteps thetaken renewableby energythe standardscooperative andelectric shallincludethesameinformationsetforthintherulesofthecommissionassociationtocomplywiththerenewableenergystandardsandshallinclude -31-the 1326same forjurisdictionalutilities.CooperativeelectricassociatAREnotallinformation besubjecttoanypartofthecompliancereportreviewprocessasprovidedset forth in the rules of the commission for jurisdictional utilities.

Cooperative electric associations shallAREshall not be requiredsubject to obtainany commissionpart approval of annualthe compliance reports,report andreview noprocess additionalas regulatoryprovided authorityin of the commissionotherthanthatspecificallycontainedinthissubsection(5.5)rules isfor createdjurisdictional orutilities. implied by this subsection (5.5).

(8)Cooperative Qualifyingwholesaleutilities-definition-electricresourceelectric standardassociations -shall tradableARE creditsnot -be reports.required to obtain commission approval of annual compliance reports,andnoadditionalregulatoryauthorityofthecommissionotherthan that specifically contained in this subsection (5.5) is created or implied by this subsection (5.5).

(8) Qualifying wholesale utilities - definition - electric resource standard - tradable credits - reports.

Notwithstanding any other provisionofprovisionoflawE lawXCEPTXCEPTFORAQUALIFYINGWHOLESALEUTILITYTHATISIN FORAQUALIFYINGWHOLESALEUTILITYTHATISCOMPLIANCE INCOMPLIANCEWITHANELECTRICRESOURCEPLANFILEDINACCORDANCE WITH SECTIONAN 25-7-105ELECTRIC (1)(e)(VIII)(IANDRESOURCE APPROVEDPLAN BYFILED THEIN COMMISSIONACCORDANCE ,eachqualifyingwholesaleutilityshallgenerate,orcausetoWITHSECTION 25-7-105(1)(e)(VIII)(I)ANDAPPROVEDBYTHECOMMISSION , each qualifying wholesale utility shall generate, or cause to be generated, at least twentytwentypercent percent of the energyenergyit it provides to its ColoradomembersatwholesalefromeligibleenergyresourcesintheyearColorado 2020members andat thereafter.PAGE 23-HOUSE BILL 26-1326 wholesalefromeligibleenergyresourcesintheyear2020andthereafter.If, andtotheextentthat,thepurchaseofenergygeneratedfromeligibleenergy resourcesbyaColoradomemberfromaqualifyingwholesaleutilitywould cause an increase in rates for the Colorado member that exceeds the retail rate impact limitation in sub-subparagraph (A) of subparagraph (IV) of paragraph (g) of subsection (1)SUBSECTION (1)(g)(IV)(A) of this section, theobligationimposedonthequalifyingwholesaleutilityisreducedbythe amountofsuchenergynecessarytoenabletheColoradomembertocomply with the rate impact limitation.

If,SECTION and21. to the extent that, the purchase of energy generated from eligible energy resources by a Colorado member from a qualifying wholesale utility would cause an increase in rates for the Colorado member that exceeds the retail rate impact limitation in sub-subparagraph (A) of subparagraph (IV) of paragraph (g) of subsection (1SUBSECTION (1)(g)(IV)(A) of this section, the obligation imposed on the qualifying wholesale utility is reduced by the amount of suchenergynecessarytoenabletheColoradomembertocomplywiththe rate impact limitation.

SECTION21.In Colorado Revised Statutes, 40-2-125.5, amend (5)(g) as follows:

InColoradoRevisedStatutes,40-2-125.5,amend40-2-125.5. (5)(g) as follows:

-32-Carbon 1326dioxide 40-2-125.5.emission reductions - goal to eliminateby2050-legislativedeclaration-interimtargets-submission and approval of plans - definitions - cost recovery - reports - rules.

Carbon dioxide emission reductions - goal to eliminate by 2050 - legislative declaration - interim targets - submission and approval of plans - definitions - cost recovery - reports - rules.

(g)(g)(I) (I)Acleanenergyplanvoluntarilyfiledbyamunicipalutilityor A clean energyplan voluntarilyfiled bya municipal utility or a cooperative electric association that has voted to exempt itself from regulation bybythe the commission pursuant to article 9.5 of this title 40 shall be deemed approved by the commission as filed if:

(A) The division of administration, in consultation with the commission,commission,verifiesthattheplandemonstratesthat,by2030,themunicipal verifies that the plan demonstrates that, by 2030, the municipal utility or cooperative electric association will achieve at least an eighty-percenteighty-percentreductioningreenhousegasemissionscausedbytheentity's reduction in greenhouse gas emissions caused by the entity's Colorado electricity sales relative to 2005 levels;

and (B) ThecleanenergyplanhaspreviouslybeenapprovedbyavoteThe clean energy plan has previously been approved by a vote of the entity's governing body.

(II) Voluntary submission of a clean energy plan by a municipal utility or a cooperative electric association does not alter the entity's regulatorystatusregulatorystatuswithrespecttothecommission,includingunderarticle9.5 with respect to the commission, including under article 9.5 of this title 40.

In Colorado Revised Statutes, add 40-2-14040-2-144 and 40-2-14140-2-145 as follows:

40-2-140.PAGE 24-HOUSE BILL 26-1326 40-2-144.

JointJointresourceprocurementstudy-report-definition resource procurement study - report - definition - repeal.

(1) ASUSEDINTHISSECTION,"COLORADOENERGYOFFICEAS "MEANSUSED IN THIS SECTIO,"COLORADO ENERGY OFFICE " MEANS THE COLORADO ENERGY OFFICE CREATED IN SECTION24-38.5-101.SECTION 24-38.5-101.

(2)(2)(a) (a)ASSOONASPRACTICABLE ASTHECOMMISSIONSHALLCONDUCT SOON AS PRACTICABLE , THE COMMISSION SHALL -33- 1326 CONDUCT A STUDY REGARDING BARRIERS THAT ELECTRICUTILITIESFACEELECTRIC UTILITIES FACE IN JOINTLY PROCURING ENERGY RESOURCES IN THE STAT,WHICHSTATE ,WHICH STUDY MUST :

(I) IDENTIFY BARRIERS TO JOINT PROCUREMENT OF ADVANCED TECHNOLOGYGENERATIONTECHNOLOGY ,NONEMITTINGCLEANFIRMGENERATIONGENERATION ,NONEMITTINGCLEANFIRM GENERATION ,WIND GENERATION , SOLAR GENERATION , CONVENTIONAL OR INNOVATIVE STORAGE ,AND TRANSMISSION RESOURCES ;

(II) DENTIFYWHETHERANDHOWBARRIERSMAYVARYBETWEENIENTIFY WHETHER AND HOW BARRIERS MAY VARY BETWEEN UTILITIES REGULATED BY THE COMMISSION , COOPERATIVE ELECTRIC ASSOCIATIONS THAT HAVE VOTED TO EXEMPT THEMSELVES FROM COMMISSIONJURISDICTIONCOMMISSION ANDMUNICIPALLYOWNEDUTILITIESTHATAREJURISDICTION,AND MUNICIPALLY OWNED UTILITIES THAT ARE NOT SUBJECT TO COMMISSION REGULATION AND PROPOSE SOLUTIONS TO REDUCE ANY SUCH BARRIERS ;AND (III) EXAMINEXAMINEWHETHERANDHOWPARTICIPATIONINANORGANIZED WHETHERWHOLESALEMARKETCREATES AND,INCREASES HOW,ORREDUCESBARRIERSTOJOINT PARTICIPATION IN AN ORGANIZED WHOLESALE MARKET CREATES , INCREASES,OR REDUCES BARRIERS TO JOINT RESOURCE PROCUREMENT .

(b) ONORBEFOREEIGHTEENMONTHSAFTERTHEEFFECTIVEDATEONORBEFOREEIGHTEENMONTHSAFTERTHEEFFECTIVEDATEOF OFTHISSECTION THIS,THE SECTION,COMMISSIONSHALLSUBMITTOTHEGENERALASSEMBLY THE COMMISSION SHALL SUBMIT TO THE GENERAL ASSEMBLY A FINAL REPORT DESCRIBING THE STUDYSSTUDY 'S FINDINGS AND ANY RECOMMENDATIONS .

(3) NIN CONDUCTING THE STUDY PURSUANT TO SUBSECTION (2)OF(2) OF THIS SECTION,THE COMMISSION:COMMISSION :

(a) SHALL CONSULT WITH THE COLORADOC OLORADO ENERGY OFFICE ;AND (b) M AY CONTRACT WITH A THIRD PARTY.PARTY .

(4) THIS SECTION IS REPEALE,EFFECTIVESEPTEMBERREPEALE,EFFECTIVE SEPTEMBER 1, 2029.

40-2-141.PAGE 25-HOUSE BILL 26-1326 40-2-145.

Investor-ownedInvestor-ownedutilities-minimumquality-of-service utilities - minimum quality-of-service metrics - rules.

-34- 1326 (1) ONO N OR BEFOREDBEFORE D ECEMBER 31,2027,THE31, 2027,THE COMMISSION SHALL ADOPTRULESESTABLISHINGMINIMUMQUALITYADOPT -OF-SERVICEMETRICSFORRULES INVESTOR-OWNEDESTABLISHING MINIMUM QUALITY -OF-SERVICE METRICS FOR INVESTOR OWNED GAS AND ELECTRIC UTILITIES IN THE ST.TESTATE. (2) THE RULES MUST:

(a)(2) NCLUDEREQUIREMENTSFORCUSTOMERTHE -SPECIFICINCENTIVES AND PENALTIES ASSOCIATED WITH CUSTOMER -EXPERIENCED SERVICE QUALITY ,AND ,IN ADOPTING THESE RULES ,THEMUST COMMISSION: SHALL CONSIDERWHETHERINCENTIVESANDPENALTIESSHOULDBEESTABLISHED IN A SYMMETRICAL MANNER TO PROMOTE QUALITY OF SERVICE;AND (b) SPECIFICALLY ADDRESS EQUITY FOR DISPROPORTIONATELY IMPACTED COMMUNITIES IN ESTABLISHING THE QUALITY OF SERVICE METRICS.

(a) INCLUDE REQUIREMENTS FOR CUSTOMER -SPECIFIC INCENTIVES AND PENALTIES ASSOCIATED WITH CUSTOMER -EXPERIENCED SERVICE QUALITY , AND, IN ADOPTING THESE RULES , THE COMMISSION SHALL CONSIDER WHETHER INCENTIVES AND PENALTIES SHOULD BE ESTABLISHED IN A SYMMETRICAL MANNER TO PROMOTE QUALITY OF SERVICE ;AND (b) SPECIFICALLY ADDRESS EQUITY FOR DISPROPORTIONATELY IMPACTED COMMUNITIES IN ESTABLISHING THE QUALITY -OF-SERVICE METRICS .

In Colorado Revised Statutes, 40-10.1-605, add (11),(13), (12),(14), and (13)(15) as follows:

Operationalrequirements-driverimpersonationOperational requirements - driver impersonation - misdemeanor - rules.

(11)(13) (a) AAN INDIVIDUAL SHALL NOT IMPERSONATE A DRIVER OR ENGAGE IN AN ACT THAT FALSELY REPRESENTS THAT THE INDIVIDUAL IS REPRESENTINGREPRESENTINGATRANSPORTATIONNETWORKCOMPANYORISRESPONDING ATOARIDER TRANSPORTATION'SREQUESTFORTRANSPORTATIONNETWORKCOMPANYSERVICES NETWORK COMPANY OR IS RESPONDING TO A RIDER S REQUEST FOR TRANSPORTATION NETWORK COMPANY SERVICES .

(b) ANINDIVIDUALWHOVIOLATESTHISSECTIONCOMMITSACLASSAN -35-INDIVIDUAL 1326WHO 2VIOLATES THIS SECTION COMMITS A CLASS MISDEMEANOR AND SHALL BE PUNISHED AS PROVIDED IN SECTION 18-1.3-501 (1)(a.5);CEPT(1)(a.5);EXCEPT THAT AN INDIVIDUAL WHO COMMITS A VIOLATIONVIOLATIONOFTHISSECTIONDURINGTHECOMMISSIONOFAFELONYOFFENSE OF THIS SECTION DURING THE COMMISSION OF A FELONY OFFENSE COMMITS A CLASS 6 FELONY AND SHALL BE PUNISHED AS PROVIDED IN SECTION18-1.3-401SECTION 18-1.3-401 (1)(a)(V.5).

(c) NNOTHINGINTHISSUBSECTION OTHING(13)PRECLUDESTHEPROSECUTION IN THIS SUBSECTION (11) PRECLUDES THE PROSECUTION OF CONDUCT FORMING THE BASIS OFOFA A VIOLATION OFOFTHIS THIS SUBSECTION (11)UNDER(13) THEUNDERTHECRIMINALIMPERSONATIONSTATUTE CRIMINALSECTION IMPERSONATION18-5-113,ORANY STATUTEPAGE ,26-HOUSE SECTIONBILL 18-5-113OR26-1326 ANY OTHER RELEVANT CRIMINAL STATUTE.STATUTE .

(12)(a)(14) ARANSPORTATIONNETWORKCOMPANYSHALLCONDUCT(a) FREQUENTATRANSPORTATION CHECKSNETWORK UTILIZINGCOMPANY FACIALSHALL RECOGNITIONCONDUCT SOFTWAREFREQUENTCHECKSUTILIZINGFACIALRECOGNITIONSOFTWAREOREQUALLY OR EQUALLY OR MORE EFFECTIVE TECHNOLOGY ,,AS AS APPROVED BY THE COMMISSION ,TOPREVENTDRIVERIMPERSONATIONINACCORDANCEWITH,TO RULESPREVENTDRIVERIMPERSONATIONINACCORDANCEWITHRULESADOPTEDBY ADOPTED BY THE COMMISSION PURSUANT TO SUBSECTION(12)(b)SUBSECTION OF(14)(b)OF THIS SECTIO.

(b) ONORBEFOREEIGHTEENMONTHSAFTERTHEEFFECTIVEDATEONORBEFOREEIGHTEENMONTHSAFTERTHEEFFECTIVEDATEOF OFTHISSUBSECTION THIS(14),THECOMMISSIONSHALLADOPTRULESESTABLISHING SUBSECTIONREQUIREMENTSANDPROCEDURESFORFREQUENTCHECKSUTILIZINGFACIAL (12),THERECOGNITIONSOFTWAREOREQUALLYORMOREEFFECTIVETECHNOLOGY COMMISSION,AS SHALLAPPROVED ADOPTBY RULESTHE ESTABLISHINGCOMMISSION REQUIREMENTS,TO ANDPREVENT PROCEDURES FOR FREQUENT CHECKS UTILIZING FACIAL RECOGNITION SOFTWARE OR EQUALLY OR MORE EFFECTIVETECHNOLOGY ASAPPROVEDBYTHECOMMISSION ,TOPREVENT DRIVER IMPERSONATION PROHIBITED PURSUANT TO SUBSECTION(11)(a)SUBSECTION OF(13)(a)OF THIS SECTIO.

(c) HISSUBSECTIONTHIS (12)DOESNOTAPPLYTOATRANSPORTATIONSUBSECTION (14)DOES NOT APPLY TO A TRANSPORTATION NETWORK COMPANY THAT :

(I) ITHEREITHER SERVES RIDER,ATRIDERS ,AT LEAST SEVENTY-FIVESEVENTY -FIVE PERCENT OF WHOM ARE MINORS , OR EARNS AT LEAST NINETY PERCENT OF THE TRANSPORTATIONNETWORKCOMPANYTRANSPORTATION SREVENUEFROMCONTRACTSWITHNETWORK -36-COMPANY 1326'S APUBLICORPRIVATESCHOOLREVENUE ,THEFEDERALGOVERNMENTFROM ,THESTATE,ORCONTRACTS ANAGENCYORPOLITICALSUBDIVISIONOFTHEFEDERALGOVERNMENTORWITH A PUBLIC OR PRIVATE SCHOOL,THE FEDERAL GOVERNMENT ,THE STATE,OR AN AGENCY OR POLITICAL SUBDIVISION OF THE FEDERAL GOVERNMENT OR OF THE STATE;AND (II) HASH AS AT LEAST NINETY PERCENT OF THE TRANSPORTATION NETWORK COMPANY S'S DRIVERS IN COMPLIANCE WITH THE COMMISSIO'SCOMMISSION S RULES ADOPTED PURSUANT TO SECTION 40-10.1-608 (3)(a).

(13)(a)(15) ATRANSPORTATIONNETWORKCOMPANYSHALLPROVIDE(a) A TRANSPORTATION NETWORK COMPANY SHALL PROVIDE INFORMATION ABOUT THE COMMISSION TO A RIDER,INCLUDINGRIDER ,INCLUDING HOW THE RIDER MAY CONTACT THE COMMISSION TO FILE A COMPLAINT USING THE TRANSPORTATION NETWORK COMPANY 'SS DIGITAL NETWORK USED TO CONNECT WITH A DRIVER,INDRIVER ,IN ACCORDANCE WITH RULES ADOPTED BY THE COMMISSION PURSUANT TO SUBSECTION (13)(bOF(15)(b)OF THIS SECTIO.

(b) ONORBEFOREEIGHTEENMONTHSAFTERTHEEFFECTIVEDATEONORBEFOREEIGHTEENMONTHSAFTERTHEEFFECTIVEDATEOF OFTHISSUBSECTION THIS(15),THECOMMISSIONSHALLADOPTRULESESTABLISHING SUBSECTIONREQUIREMENTS (13),AND THEPROCEDURES COMMISSIONFOR SHALLA ADOPTTRANSPORTATION RULESNETWORK ESTABLISHINGREQUIREMENTSANDPROCEDURESFORATRANSPORTATIONCOMPANY NETWORKCOMPANYTOPROVIDEINFORMATIONABOUTTHECOMMISSIONTO ,PROVIDE INCLUDINGINFORMATION ABOUT THE COMMISSION ,INCLUDING PAGE 27-HOUSE BILL 26-1326 CONTACT INFORMATION FOR THE COMMISSION ,,TO TO A RIDER PURSUANT TO SUBSECTION (13)(a)OF(15)(a)OF THIS SECTIO.SECTION .

(c) TOT O AID IN THE PROCESSING OF TRANSPORTATION NETWORK COMPANY CUSTOMER COMPLAINTS , COMMISSION STAFF WHO PROCESS COMPLAINTS FROM THE GENERAL PUBLIC SHALL RECEIVE TRAINING IN TRAUMA INFORMED-INFORMED PRACTICES .

(2) (b) On and after January 1, 202EPTEMBER2024 S EPTEMBER 1, 2026, the -37-commission 1326shall commissionshallissueissue a permit to eachtransportationnetworkcompanyeach transportation network company that meets the requirements of this part 6 and pays an annual permit fee tothecommissioninanamountthatthecommissionsetsadministrativelyto withthecommissioninanamountthatthecommissionsetsadministrativelywith approvalapprovaloftheexecutivedirectorofthedepartmentofregulatoryagencies, ofIN theCONSULTATION executiveWITH directorTHE ofDIRECTOR theOF departmentTHE ofCOMMISSION regulatory, agencies,INCONSULTATIONWITHTHEDIRECTOROFTHECOMMISSIONand ,and that does not exceed one hundred eleven SIXTYONESIXTY-ONE thousand two hundred fifty dollars.dollars.Beforeincreasingapermitfeepursuanttothissubsection(2)(b),the commissionshallnotifytransportationnetworkcompaniesinwritingofthe increased fee at least thirty days before the increased fee takes effect.

Before increasing a permit fee pursuant to this subsection (2)(b), the commission shall notify transportation network companies in writing of the increased fee at least thirty days before the increased fee takes effect.

(1)(a)(1) Anindividualwhowishestodrive:DRIVE(a) ataxicabMOTORAn individual who wishes to drive:IVE a taxicabMOTOR VEHICLE for a motor carrier that is the holder of a certificate to provide taxicab serviceRservicORACONTRACT ACARRIERPERMIT CONTRACTissued CARRIERunder PERMITpart issued2 of this article10.1;amotorvehicleforamotorcarrierthatistheholderofapermit to operate as a charter bus, children's activity bus, luxury limousine, or off-road scenic charter under part 23 of this article 10.1;

or a motor vehicle forforamotorcarrierthatistheholderof aapermittooperateasalarge-market motortaxicab carrierservice thatunder ispart 7 of this article 10.1 mustSHALL have the holderindividual's offingerprints taken by a permitlocal tolaw operateenforcement asagency aor charterany bus,third children'sparty activityapproved bus,by luxurythe limousine,Colorado orbureau off-roadof scenicinvestigation charterfor underthe partPAGE 328-HOUSE BILL 26-1326 purpose of thisobtaining articlea 10.1;fingerprint-based criminal history record check.

or amotorvehicleforamotorcarrierthatistheholderofapermittooperate as a large-market taxicab service under part 7 of this article 10.1 must SHALL havetheindividual'sfingerprintstakenbyalocallawenforcement agency or any A third party approved by the Colorado bureau of investigation for the purpose of obtaining a fingerprint-based criminal history record check.

In Colorado Revised Statutes, 40-10.1-111, -38- 1326 amend (1) introductory portion as follows:

Filing,Filing,issuance,andannualfees-feesettingbythe issuance, and annual fees - fee setting by the commission.

(1) A motor carrier shall pay the commission the following fees in amounts set administratively by the commission with approval of the executive director of the department of regulatory agencieINagencies, IN CONSULTATION WITH THE DIRECTOR OF THE COMMISSION:COMMISSION :

SECTION27.InColoradoRevisedStatutes,40-10.1-116,amendSECTION (3)(a)27. as follows:

In Colorado Revised Statutes, 40-10.1-116, amend (3)(a) as follows:

CommissionCommissiontonotifylocalauthorities-procedure. to notify local authorities - procedure.

(3) (a) A person injured by the noncompliance of a motor carrier with this article 10.1 or any other provision of law or an order, decision, rule, direction, or requirement of the commission mayapplytomay apply to a court of competent jurisdiction for the enforcement thereof, and the court has jurisdiction to enforce obedience thereto by injunction or other proper process, mandatoryormandatory or otherwise, and to restrain the motor carrier and its officers,agents,employees,orrepresentativesfromfurtherdisobedienceofficers, agents, employees, or representatives from further disobedience thereof, or to enjoin upon themobediencethem obedience to the same, and anypersonany person so injured haAcausehas A cause of action in damages, and is privileged to pursue the usual and proper remedies as in anyotherANDany other case, AND IS NOT REQUIRED TO PURSUE OROREXHAUST EXHAUST ADMINISTRATIVE REMEDIESREMEDIESBEFORE BEFORE THE COMMISSION PRIOR TO COMMENCING SUIT OR OTHER ACTION SEEKING SUCH RELIEF.RELIEF .

InColoradoRevisedStatutes,add40-10.1-119asIn Colorado Revised Statutes, add 40-10.1-119 as follows:

Marketstudyandreport-commonandcontractMarket -39-study 1326and report - common and contract carriers - definition - repeal.

(1) ASA S USED IN THIS SECTI,UNLESSSECTION ,UNLESS THE CONTEXT OTHERWISE REQUIRES,REQUIRES , STUDY "MEANS THE STUDY REQUIRED BY THIS SECTIO.SECTION .

PAGE 29-HOUSE BILL 26-1326 (2) THE COMMISSION SHALL CONDUCT A STUDY ON THE CURRENT REGULATORY STRUCTURE FOR INTRASTATE CONTRACT AND COMMON CARRIERS.CARRIERS .

THEHE STUDY MUST ADDRESS THE FOLLOWING ISSUE:ISSUES :

(a) W HETHER THE CURRENT MODELS ,INCLUDING, INCLUDING REGULATED MONOPOLYMONOPOLYANDREGULATEDCOMPETITION AND,FORMARKETENTRYOFCOMMON REGULATEDCARRIERSANDCONTRACTCARRIERSARESTILLANAPPROPRIATESTANDARD COMPETITIONTO ,FORBE MARKETIMPLEMENTED ENTRYIN OFTHE COMMONCARRIERSANDCONTRACTCARRIERSARESTILLANAPPROPRIATESTATE STANDARDTOBEIN IMPLEMENTEDINTHESTATEINLIGHTLIGHT OFFACTORSSUCHOF FACTORS SUCH AS THE ECONOMIC LANDSCAPE AND JOB CREATION;CREATION ;

(b) IF THE CURRENT MARKET ENTRY MODELS DESCRIBED IN SUBSECTION (2)(aOFTHISSECTIONARENOTANAPPROPRIATESTANDARD(2)(a)OF ,THIS SECTION ARE NOT AN APPROPRIATE STANDARD, HOW THE CURRENT MODELS SHOULD BE CHANGED ;

(c) WHETHERTHECURRENTMODELSFORECONOMICREGULATIONWHETHERTHECURRENTMODELSFORECONOMICREGULATIONOF OF COMMON CARRIERS AND CONTRACT CARRIERS THAT REQUIRE RATE STRUCTURES TO BE APPROVED AND SET IN A JUST,REASONABLEJUST , ANDREASONABLE CONSISTENTMANNERFOREACHPASSENGERARESTILLBENEFICIALTOTHE,AND CONSISTENT MANNER FOR EACH PASSENGER ARE STILL BENEFICIAL TO THE INDUSTRY AND TO CONSUMERS ;

(d) IITHE THE CURRENT ECONOMIC REGULATION MODELS DESCRIBED IN SUBSECTION (2)(cOF(2)(c)OF THIS SECTION ARE NOT AN APPROPRIATE STANDARDSTANDARD, ,HOWHOW THE CURRENT MODELS SHOULD BE CHANGED ;AND (e) IDENTIFYING THE PROPER BALANCE BETWEEN SERVICE TERRITORYTERRITORYPROTECTIONS PROTECTIONS,SUCHASREGULATEDMONOPOLYANDREGULATED , SUCH AS REGULATED MONOPOLY AND REGULATED COMPETITION ,AND THE POTENTIAL BURDENS ASSOCIATED WITH THESE MARKET ENTRY AND ECONOMIC REGULATION STANDARDS .

(3) ICONDUCTINGTHESTUDYI ,THECOMMISSIONSHALLCONSIDERCONDUCTING -40-THE 1326STUDY ,THE COMMISSION SHALL CONSIDER THE FOLLOWING :

(a) W HETHER THE CONDITIONS THAT LED TO THE CURRENT REGULATION OF COMMON CARRIERS AND CONTRACT CARRIERS HAVE CHANGEDCHANGEDANDWHETHEROTHERCONDITIONSHAVE ANDARISENTHATWARRANT WHETHER OTHER CONDITIONS HAVE ARISEN THAT WARRANT MORE ,LESS,,LESS,OR OR THE SAME DEGREE OF OVERSIGHT BY THE COMMISSION ;

(b) W HETHER EXISTING STATUTES AND COMMISSION RULES ESTABLISH THE LEAST RESTRICTIVE FORM OF OVERSIGHT THAT IS CONSISTENTWITHTHEPUBLICINTERESTCONSISTENT CONSIDERINGOTHERAVAILABLEWITH THE PUBLIC INTEREST,CONSIDERING OTHER AVAILABLE PAGE 30-HOUSE BILL 26-1326 MEANS OF REGULATION ;

(c) W HETHER EXISTING STATUTES AND COMMISSION RULES STIMULATE OR RESTRICT COMPETITIO;ANDCOMPETITION ;AND (d) WHETHERW HETHER STATUTORY OR RULE CHANGES ARE NECESSARY TO IMPROVECOMMISSIONEFFICIENCYORTOENHANCETHEPUBLICINTERESTIMPROVE COMMISSION EFFICIENCY OR TO ENHANCE THE PUBLIC INTEREST .

(4) A FTER CONDUCTING THE STUDY ,THE, THE COMMISSION SHALL PUBLISHPUBLISHAREPORTOFTHESTUDY ASFINDINGSANDMAKERECOMMENDATIONS REPORT OF THE STUDY S FINDINGS AND MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY BY JANUARY 1, 2028.

(5) THIS SECTION IS REPEAL,EFFECTIVESEPTEMBERREPEALED,EFFECTIVE SEPTEMBER 1, 2028.

(4) In order to obtain a permit under this section, an applicant must haveSHALLhave SHALL DEMONSTRATE THAT each vehicle operated under the permitHASBEENpermit inspectedwithintheimmediatelyprecedingtwentydaysHAS BEEN inspected within the immediately preceding twenty days by a qualified mechanic in accordance with rules promulgated by the commission.Theapplicantmustalsoattachareportshowingeachvehiclecommission. passed inspectionIN ACCORDANCE WITH RULES ADOPTED BY THE -41- 1326 COMMISSION .

The applicant must also attach a report showing each vehicle passed inspection IN ACCORDANCE WITH RULES ADOPTED BY THE COMMISSION .

(3) In order to obtain a permit under this section, an applicant must SHALL demonstrate that each vehicle operated under the permit has been inspected within the immediately preceding twelve months by a qualifiedmechanicinaccordancewithrulespromulgateADOPTEDqualified bythemechanic in accordance with rules promulgated ADOPTED by the commission.

SECTIONSECTION31. 31.

InInColoradoRevisedStatutes,40-18-101,amend(3) ColoradoPAGE RevisedStatutes,40-18-101,amend31-HOUSE (3)BILL 26-1326 and (6);

(2.4) "POGRAMSTANDARD"PROGRAM "MEANSSTANDARD ASTATE" SAFETYOVERSIGHTMEANS PROGRAMSTANDARDDEVELOPEDBYTHECOMMISSIONINCONFORMANCEA STATE SAFETY OVERSIGHT PROGRAM STANDARD DEVELOPED BY THE COMMISSION IN CONFORMANCE WITH 49 CFR 674, "TATE"S TATE SAFETY O VERSIGHT".VERSIGHT ".

(2.6) "PBLIC"PUBLICTRANSPORTATIONAGENCYSAFETYPLAN TRANSPORTATION" AGENCYMEANSTHE SAFETY PLAN "MEANS THE DOCUMENTED COMPREHENSIVE AGENCY SAFETY PLAN FOR A RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEM ,INCLUDING A RAIL TRANSIT AUTHORITY THAT,THAT IS REQUIRED BY49U.S.C.SECBY .532949 (dANDU.S.C.SEC BASEDONASAFETYMANAGEMENTSYSTEM. ,ASDEFINEDIN 49CFR673.5.

(3)5329 (a)(dAND "RailBASED fixedON guidewayBLICA TRANSPORTATIONSAFETY system"MANAGEMENT meansSYSTEM any,AS Alight,DEFINED heavy,IN or49 rapidCFR rail673.5. system, monorail, inclined plane, funicular, trolley, or automated guideway used to transport passengers that is not regulated by the federal railroad administration.

(b)(3) The(a) term "Rail fixed guidewayPUBLICguideway PUBLIC TRANSPORTATION -42-system" 1326means system"any doesA light, heavy, or rapid rail system, monorail, inclined plane, funicular, trolley, or automated guidewayused to transport passengers that is not include:regulated by the federal railroad administration.

(b) The term "Rail fixed guideway PUBLIC TRANSPORTATION system" does not include:

(II) AUTOMATEDA UTOMATED PEOPLE MOVERS THAT ARE CONVEYANCES ,AS, DEFINEDAS INDEFINEDINSECTION SECTION9-5.5-103(11), 9-5.5-103ANDARESUBJECTTOTHEJURISDICTION (11),AND ARE SUBJECT TO THE JURISDICTION OF THE DIRECTOR OF THE DIVISION OF OIL AND PUBLIC SAFETY CREATED IN SECTION8-20-101.SECTION 8-20-101.

(5) "System safety program standard" means a safety standard developed bytheby the commission in conformance with 49 CFR 674, entitled "State Safety Oversight".

(6) "Transit"Transitagency"meansanentityoperatingarailfixedguideway agency" means an entity operating a rail fixed guideway PUBLIC TRANSPORTATION system.

PAGE 32-HOUSE BILL 26-1326 SECTION 32.

The commission is authorized to establish an oversight program for the safety and security of rail fixed guidewayguidewayBLIC PUBLIC TRANSPORTATION systems in accordance with section 28 of the "Intermodal Surface Transportation Efficiency Act of 1991", 49 U.S.C.

sec.5330,and the "Moving Ahead for Progress in the21stCenturyAct", 49 U.S.C.

5329.5330, and the "MovingAheadforProgressinthe21stCenturyAct",49U.S.C.sec.5329.

(1) The commission shall promulgate ADOPT rules as are -43- 1326 necessary to:

(a) Require, review, approve, and monitor the creation and implementation of a systemUBLICsystem PUBLIC TRANSPORTATION AGENCY safety program planplanforeachrailfixedguideway forPUBLICTRANSPORTATION each rail fixed guidewPUBLIC TRANSPORTATION system operating in Colorado;

(b) Investigate hazardous conditions and accidentsETYaccidentsFETYEVENTS EVENTS on rail fixed guidewPUBLICguidewaPUBLIC TRANSPORTATION systems;

(c) Require corrective acBYactionBY A RAIL FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEM OPERATED by a transit agency to correct or eliminate hazardous conditions;conditions;ND (d) Require that system safety THE program standards comply STANDARD THAT THE COMMISSION DEVELOPS COMPLIES with the requirements of 49 CFR 674, entitled "State Safety Oversight", at a minimum, and also adequately address the issue of personal security PROGRAM STANDARD .

(d)(2) RequireThe thatcommission systemshall safetyEpromulgate programADOPT standardsrules complyto STANDARDestablish THATa THEsystem COMMISSIONsafety DEVELOPSoversight COMPLIESprogram withfor therail requirementsfixed ofguideway 49PUBLIC CFRPAGE 674,33-HOUSE entitledBILL "State26-1326 SafetyTRANSPORTATION Oversight",systems atoperating awithin minimum, and also adequately address the issuestate. of personal security PROGRAM STANDARD .

(2)that, Theat commission shall promulgateOPT rules to establish a systemminimum, safetymeets oversightthe programrequirements forof rail49 fixedCFR guidewayPUBLIC674, TRANSPORTATIONentitled systemsoperatingwithinthestate.that,ataminimum,"State meetstherequirementsof49CFR674,entitled"StateSafetyOversight".Safety Oversight".

(e) "Rail fixed guideway" means a person possessing rail fixed guideway PUBLICPUBLICTRANSPORTATION TRANSPORTATIONsystemfacilitiesbyownershiporlease. system facilities by ownership or lease.

-44-(f) 1326(I) (f)(I)"Rail "RailfixedguidewPUBLICTRANSPORTATIONfixed system"hasguidewayPUBLIC TRANSPORTATION system" has the meaning set forth in section 40-18-101 (3).

(II) "Rail"Railfixedguideway fixedPUBLICTRANSPORTATION guidewayPUBLICsystem"includes TRANSPORTATION system" includes street railroads, street railways, and electric railroads, as those terms are used in article 24 of this title 40.

(g) (II) "Railroad" does not includerailinclude A rail fixed guideways GUIDEWAY orAor A rail fixed guideway systePUBLICsystems PUBLIC TRANSPORTATION SYSTEM .

(2)(2)(a) (a)Ateachregularsession,thegeneralassemblyshalldetermine Atthe eachamounts regularto session,be expended by the generalcommission assemblyfrom shallthe determinetheamountstobeexpendedbythecommissionfromthepublicpublic utilities commission fixed utility fund created in section 40-2-114 for its administrativeadministrativeexpensesunderthisarticle,includinganyadditionalFTEthat expenses under this article, including any additional FTE that may be necessary.

(b) The director of the public utilities commission shall provide writtenwrittennoticetotherevisor noticeof tostatutes theoncethefederalgrantmoneysmade revisorPAGE of34-HOUSE statutesBILL once26-1326 available under the federal"Moving grantAhead moneysfor madeavailableunderthe"MovingAheadforProgressinthe21stCenturyProgress Act",in 49the 21st Century Act", U.S.C.

This subsection (2) takestakeseffectuponthereceiptbytherevisorofstatutesofsuchwrittennotice. effect upon the receipt by the revisor of statutes of such written notice.

-45- 1326 (2) (a) On March 1 of each year, the public utilities commission shall furnish the executive director of the department of revenue with a list of those public utilities subject to itsSSION'Sjurisdiction,its THE COMMISSION S jurisdiction, supervision, and regulation on January1January 1 of each year.

The provisions of This subsection (2) shallSshallDOES not apply to:

(II) RailfixedguidewayPUBLICTRANSPORTATIONRail systemsthatarefixed regulatedguideway byPUBLIC theTRANSPORTATION systems that are regulated bythe public utilitiesssionutilitiesommission pursuant to part 1 of article 18 of this tiTITLE40.titleTLE 40.

(b) The director of the public utilities commission shall provide writtennoticetotherevisorofstatutesoncethefederalgrantmoneymadewritten availableunderthe"MovingAheadforProgressinthe21stCenturyAct",notice 49to the revisor of statutes once the federal grant money made available under the "Moving Ahead for Progress in the 21st Century Act", U.S.C.

This subsection (2) takestakeseffectuponthereceiptbytherevisorofstatutesofsuchwrittennotice. effect upon the receipt by the revisor of statutes of such written notice.

StudyStudyonmodernizingcommissionstructure-report on modernizing commission structure - report - repeal.

(1) TTOENSURETHATTHECOMMISSIONANDCOMMISSIONSTAFFHAVE O ENSURE THAT THE COMMISSION AND COMMISSION STAFF HAVE SUFFICIENT CAPACITY ,TECHNICAL EXPERTISE,ANDEXPERTISE ,AND RESOURCES TO FULFILL ITS STATUTORY DUTIES UNDER THIS TITLE40,THETITLE 40, THE COMMISSION SHALLENGAGEANINDEPENDENTTHIRDSHALL PARTYCONSULTANTTOCONDUCTENGAGEANINDEPENDENTTHIRD A-PARTYCONSULTANTTOCONDUCTASTUDY STUDYONHOWTOMODERNIZEITSPERSONNEL ON,ORGANIZATIONAL HOWTO,ANDBUDGETARY MODERNIZESTRUCTURES ITS.NCONDUCTINGTHESTUDY PERSONNEL,THECOMMISSIONSHALLCONSULT ,ORGANIZATIONALRELEVANT ,ANDSTAKEHOLDERS BUDGETARYSTRUCTURES,INCLUDING .NREGULATED CONDUCTINGENTITIES , TO SOLICIT FEEDBACK .T HESTUDYMUSTINCLUDE ,AT AMINIMUM ,ANEVALUATIONOF , PAGE 35-HOUSE BILL 26-1326 AND RECOMMENDATIONS REGARDING , THE STUDYSIZE ,THEOF THE COMMISSION SHALL, CONSULTCOMPENSATION RELEVANTFOR STAKEHOLDERSCOMMISSIONERS INCLUDING SALARY AND TRAVEL REIMBURSEMENT , INCLUDINGPOTENTIAL REGULATEDFUNDING ENTITIES,MECHANISMS TO SOLICITSUPPORT FEEDBACKSTATUTORYEQUITYOBJECTIVESANDINTERVENORPARTICIPATION ANDTHE ADEQUACY OF CURRENT STAFFING LEVELS .

THE(2) STUDYO MUSTN INCLUDEOR ,ATBEFORE AN MINIMUMOVEMBER ANEVALUATIONOF1, ,ANDRECOMMENDATIONSREGARDING2026,THE THECOMMISSION -46-SHALL 1326SUBMIT SIZEOFTHECOMMISSIONAN ,COMPENSATIONFORCOMMISSIONERSINCLUDINGINITIAL SALARYANDTRAVELREIMBURSEMENTREPORT POTENTIALFUNDINGMECHANISMSON TOTHE SUPPORTSTUDY STATUTORYSUMMARIZING EQUITYITS OBJECTIVESINITIAL FINDINGS AND INTERVENORRECOMMENDATIONS PARTICIPATION,ANDTO THE ADEQUACYHOUSE OF CURRENTREPRESENTATIVES STAFFINGENERGYANDENVIRONMENTCOMMITTEEANDTHESENATETRANSPORTATION LEVELS.AND ENERGY COMMITTEE ,OR THEIR SUCCESSOR COMMITTEES .

(2)(3) ONO N OR BEFORE NOVEMBERN OVEMBER 1, 2026THE2027,THE COMMISSION SHALL SUBMIT ANA INITIALFINAL REPORT ON THE STUDY SUMMARIZING ITS INITIAL FINDINGS AND RECOMMENDATIONS TO THE HOUSECOMMITTEES OFLISTED REPRESENTATIVESIN ENERGYSUBSECTION AND(2)OF ENVIRONMENTTHIS COMMITTEESECTIO,WHICH ANDFINALREPORT MUST INCLUDE THE SENATECOMMISSION TRANSPORTATION'S FINDINGS AND ENERGYRECOMMENDATIONS COMMITTEE , ORINCLUDING THEIRANY SUCCESSORLEGISLATIVE COMMITTEESRECOMMENDATIONS .

(3)(4) ON OR BEFOREN OVEMBER 1, 2027THE COMMISSION SHALL SUBMIT A FINAL REPORT ON THE STUDY TO THE COMMITTEES LISTED IN SUBSECTION (2)OF THIS SECTIO,WHICHSECTION FINALIS REPORTREPEALE,EFFECTIVE MUSTSEPTEMBER INCLUDE1, THE2028. COMMISSION S FINDINGS AND RECOMMENDATIONS ,INCLUDING ANY LEGISLATIVE RECOMMENDATIONS .

(4) THIS SECTION IS REPEAL,EFFECTIVESEPTEMBER 1, 2028.

(1)(1)(a) (a)Threepercentofthefeescollectedundersection40-2-113by Three percent of thefeescollectedunder section 40-2-113 by the department of revenue shall be remitted to the state treasurer and creditedbyThestatetreasurSHALLCREDITTHEFEESCOLLECTEDUNDERcredited by The state treasSHALL CREDIT THE FEES COLLECTED UNDER SECTION 40-2-113 as follows:

(I) NotwithstandingNotwithstandinganyotherprovisionofthisparagraph(a),forthe anyother provision of this paragraph (a), for the 2016-17 fiscal year andECTIONandSUBSECTION (1)(a), for STATEanSTATE fiscal year thereaftern which a grant match is required for the receipt of federal -47-money 1326under moneyunderthefederal"MovingAheadforProgressinthe21stCenturythe federal "Moving Ahead for Progress in the 21st Century Act", Pub.L.

405,U.S.CSEC405, .49 U.S.SEC.

5329 for rail fixed guidewayguidewaysystem systemPUBLICTRANSPORTATION PUBLICsafetyoversightresponsibilities TRANSPORTATION safety oversight responsibilities underarticle18of thisthistitle,thelesserofallofthefeesoruptoonehundred title, the lesser of all of the fees or up to one hundred fifty thousand dollars of the fees, or as much thereofthereTITLE as40,THE TITLE40,THE AMOUNT thethecommissiondeemsnecessarytothepublicutilitiescommission commissionPAGE deems36-HOUSE necessarytoBILL the26-1326 publicfixedutilityfundcreatedinparagraph(b)ofthissubsection(1) utilitiesSUBSECTION commission(1)(b)OF fixed utility fund created in paragraph (b) of this subsection (1SUBSECTION (1)(bOF THIS SECTION IN ORDER TO OBTAIN THE FEDERAL GRANT MATCH ;

(3) (b) The public utilities commission shall establish, by rule, guidelinesforthedesignatedagentforthedevelopmentandmaintenanceguidelines for the designated agent for the development and maintenance of the Colorado no-call list so that the no-call list can easilyeasilybe be accessed bypersonsorentitiesdesiringtomaketelephonesolicitationsandbystateby andpersonsorentitiesdesiringtomaketelephonesolicitationsandbystateand local law enforcement agencies.

As soon as practicable, after March 25, 2003,the2003, the public utilities commission shall promADOPTerulespromulgADOPT rules that:

(II) Specify that there shall bennualben annual registration INfeeIN AN AMOUNT of not more than five hundONEhundreONE THOUSAND dollars foTOBEforTO BE PAID BY persons or entities that wish to make telephone solicitations or otherwise access the database of telephone numbers and zip codes contained in the Colorado no-call list database.

The public utilities commissioncommissionshalldeterminesuch shallTHEAMOUNTOFTHE determinefeeonaslidingscale suchHE AMOUNT OF THE fee on a sliding scale so that persons or entities with fewerfewerthan than five employees shall -48-pay 1326no NOT payno A fee.

In addition, AtherA FEEshallFEE shall be no fee NOT BE charged toconforminglistbrokersoronprofitcorporations,asdefinedinsectionto 7-121-401conforming (26).list brokers ornonprofit corporations, as defined in section 7-121-401(26).C.R.S.

C.R.S.heThemaximumfee maximum fee AMOUNT TOTOBEPAIDBYPERSONS BEORENTITIESTHATWISHTOMAKETELEPHONESOLICITATIONSOROTHERWISE PAID BY PERSONSORENTITIESTHATWISHTOMAKETELEPHONESOLICITATIONSOR OTHERWISE ACCESS THE CCOLORADO OLORADO NO -CALL LIST DATABASEshallDATABASE shall be charged only to persons or entities with more than one thousand employees.

Moneys THEHE COMMISSION SHALL ESTABLISH ,BY RULE ,A, SEPARATEFEECHARGEDTOCONFORMINGLISTBROKERSA SEPARATE FEE CHARGED TO CONFORMINGLISTBROKERS .M ONEY collectedcollectedfromsuch fromsuchAS ASfeesPURSUANTTOTHISSUBSECTIONfeesPURSUANT (3)(b)(II)shBEUSEDTOTHISSUBSECTION TO(3)(b)(II)shaBEUSEDTO coverthedirectandindirectcostsrelatedtothecreationandoperationcoverthedirectandindirect costs related to the creation and operation of the Colorado no-call list.

Moneys from suchEsuch THE fees shall be collectedbyandpaiddirectlytothedesignatedagent.Thepublicutilitiescollected commissionby shalland havepaid thedirectly authorityMAYto annually adjust the fees below the stated maximumbased on revenue historyof the fees received by the designated agent.

The designatedpublic utilities commission shall have the authority to MAY annually adjust the fees below the stated maximum based on revenuehistoryofthefeesreceivedbythedesignatedagent.Thedesignated agent shall provide means for online registration and credit card payment of fees charged pursuant to this subparagraph (II)SECTION(3)(b)(II).(II)SECTION (3)(b)(II).

Each such person or entityentityshall shall provide a current business name, business PAGE 37-HOUSE BILL 26-1326 address, email address if available,andtelephonenumberwheninitiallyregisteringfortheno-callavailable, and telephone number when initially registering for the no-call list.

SECTION40.InColoradoRevisedStatutes,40-2-112,amend(1)SECTION as40. follows:

In Colorado Revised Statutes, 40-2-112, amend (1) as follows:

(1) (a) On or before June 1 of each year, the executive director of the department of revenue shall ascertain the aggregate amount of gross operatingrevenuesoftelephonecorporationsandallotherpublicutilitiesoperating -49-revenues 1326of telephone corporations and all other public utilities filing returns as provided in section 40-2-111.

Based on appropriations made by the general assembly, the executive director of the department of regulatory agenciesINagencies, IN CONSULTATION WITH THE DIRECTOR OF THE COMMISSION ,,shallspecify,forthetelecommunicationsutilityfund,created shall specify, for the telecommunications utility fund, created in section 40-2-114 (1)(b)(I), and the public utilities commission fixed utility fund, created in section 40-2-114 (1)(b)(II), the revenue needed to provideprovideforthedirectandindirectcostsofthesupervisionandregulationof fortelephonecorporationsandallotherpublicutilitiesunderthejurisdictionof the direct and indirect costs of the supervision and regulation of telephone corporations and all other public utilities under the jurisdiction of the department of regulatory agencies, excluding the amount of money provided as administrative support from the various telecommunicationsprogramsadministeredbythecommission,includingtelecommunications programs administered bythe commission, including the high cost support mechanism,mechanism,establishedinsection40-15-208;the911surcharge,established established in section 40-15-208;29-11-102.3;

the 911 surcharge, established in section 29-11-102.3;

(b) (I) For each telephone corporation, the executive director of the department of regulatory agenciesINagencies, IN CONSULTATION WITH THE DIRECTOR OF THE COMMISSION , shall compute the percentage which the amount of revenue needed for the direct and indirect costs of the supervision and regulation of telephone corporations is of the aggregate amount of grossoperatingrevenuesofgross thetelephonecorporationoperating revenues of the telephone corporation derived from intrastate utility business transacted during the preceding calendar year, and that percentage shall be the basis upon which fees due from telephone corporations for the ensuing year shall be fixed.

(II) ForeachpublicFor utilityothereach public utility other than a telephone corporation, the executive director of the department of regulatory agencies, IN CONSULTATIONPAGE WITH38-HOUSE THEBILL DIRECTOR26-1326 OFCONSULTATIONWITHTHEDIRECTOROFTHECOMMISSION THE,shallcomputethe COMMISSION , shall compute -50- 1326 the percentage which the amount of revenue needed for the direct and indirect costs of the supervision and regulation of public utilities other thantelephonecorporationsisoftheaggregateamountofgrossoperatingthan telephone corporations is of the aggregate amount of gross operating revenues of such public utilities derived from intrastate utility business transacted during the preceding calendar year, and that percentage shall be the basis upon which fees due from the public utilities for the ensuing year shall be fixed.

(4)(4)(a) (a)EXCEPTASPROVIDEDINSUBSECTION EXCEPT(4)(b)OFTHISSECTION AS, PROVIDED IN SUBSECTION (4)(b)OF THIS SECTION, THE COMMISSIONCOMMISSIONMAYSET MAYADMINISTRATIVELYAFILING SET ADMINISTRATIVELY A FILING FEE SCHEDULE FOR APPLICATIONS , PETITION,PETITIONS,REGISTRATIONS REGISTRATIONS ,FORMAL COMPLAINTS ,,AND ANDSIMILARFILINGSTHATARESUBMITTEDTOTHECOMMISSIONTHATRELATETO SIMILARCOMMUNICATIONSSERVICES FILINGS,TELECOMMUNICATIONSSERVICES THAT,ANDBASIC AREEMERGENCYSERVICES SUBMITTED.THEPURPOSEOFTHEFILINGFEESISTORECOVERTHE TO THE COMMISSION THAT'SCOSTSASSOCIATEDWITHREGULATORYACTIVITIESTHATARE RELATENOTCOVEREDBYTHEFEESASSESSEDPURSUANTTOSECTIONS TO40-2-112AND COMMUNICATIONS SERVICES , TELECOMMUNICATIONSSERVICES ,ANDBASICEMERGENCYSERVICES .THE PURPOSE OF THE FILING FEES IS TO RECOVER THE COMMISSIO'S COSTS ASSOCIATED WITH REGULATORY ACTIVITIES THAT ARE NOT COVERED BY THE FEES ASSESSED PURSUANT TO SECTIONS40-2-112AND 40-2-113.

(b) M EMBERS OF THE PUBLIC WHO FILE COMPLAINTS AND PUBLIC UTILITIESUTILITIESTHATARESUBJECTTOTHEFEESASSESSEDPURSUANTTOSECTIONS THAT40-2-112 AND 40-2-113 ARE SUBJECTEXEMPT TOFROM THE FILING FEES ASSESSEDSET PURSUANT TO SECTIONS 40-2-112AND 40-2-113AREEXEMPTFROMTHEFILINGFEESSET PURSUANT TO SUBSECTION (4)(a)OF(4)(aOF THIS SECTIO.SECTION.

(c) THE STATE TREASURER SHALL CREDIT ALL FILING FEES COLLECTEDCOLLECTEDBYTHECOMMISSIONPURSUANTTOTHISSUBSECTION BY(4)TOTHE THETELECOMMUNICATIONS COMMISSIONUTILITY PURSUANTFUND TOCREATED THISIN SUBSECTIONSECTION (4)TO THETELECOMMUNICATIONSUTILITYFUNDCREATEDINSECTION 40-2-114 (1)(b)(I).

-51- 1326 SECTION42.

InInColoradoRevisedStatutes,40-15-402,amend(1) Colorado RevisedStatutes,40-15-402,amend (1) as follows:

PAGE 39-HOUSE BILL 26-1326 (1) Nothing in articles 1 to 7 of thiTITLE40thisTITLE40 or parts 2 and 3 of this artiARTICLEarticleRTICLE 15 shall applAPPLIESapply APPLIES to deregulated services and products pursuant to this parEXCEPTpart THAT4; THE FILING FEES SET ADMINISTRATIVELYBYTHECOMMISSIONPURSUANTTOSECTION 40-2-113 (4)APPLY TO DEREGULATED SERVICES AND PRODUCTS .

EXCEPT THAT THE FILING FEES SET ADMINISTRATIVELY BY THE COMMISSION PURSUANT TO SECTION 40-2-113 (4)APPLY TO DEREGULATED SERVICES AND PRODUCTS .

In Colorado RevisedStatutes,29-11-104,amendRevised Statutes, 29-11-104, amend (2)(a)(II)(A) as follows:

(2) (a) (II) If money is available after the costs and charges enumeratedinsubsection(2)(a)(I)ofenumerated thissectionarefullypaidinagivenin subsection (2)(a)(I) of this section are fully paid in a given year, the money may be expended for:

(A) PublicsafetyradioequipmentoutsidethePSAPPublic THATISUSEDsafety radio equipment outside the PSAPTHAT IS USED FOR DISPATCHING EMERGENCY SERVICE PROVIDERS TO RESPOND TO 911 CALLS ;

In Colorado RevisedStatutes,17-42-103,amendRevised Statutes, 17-42-103, amend (5)(a) and(5)(c)(III);and (5)(c)(III);

Policies concerning inmates' use of telephones - excessiveratesprohibited-transparencyofcommunicationsservicesexcessive rates prohibited - transparency of communications services in correctional facilities - report - definitions - rules.

(5) (a) Starting on January 1, 2022,THE2022, T HE PUBLIC UTILITIES COMMISSIONCOMMISSIONMAYESTABLISH MAY,BYRULE ESTABLISH,INTRASTATE ,BYratecaps RULE,INTRASTATEANDCAPSON rate capAND CAPS ON ANCILLARY SERVICE CHARGES established by the federal communications commission TO apply to all in-state debit, prepaid, and -52-collect 1326calls collectcallstoorfromacorrectionalfacilHEINTRASTATERATECAPSto MAYor TAKEfroma EFFECTcorrectional JANUARYfacility. 1,2027.THE PUBLIC UTILITIES COMMISSION MAY ANNUALLY ADJUST THE RATE CAPS IN AN AMOUNT NOT TO EXCEED ANY INTRASTATE RATE CAPS ESTABLISHED BY THE FEDERAL COMMUNICATIONSCOMMISSION .T HEPUBLICUTILITIESCOMMISSIONMAY ENFORCE THE RATE CAPS.

(c)TINTRASTATERATECAPSMAYTAKEEFFECT TheJANUARY public1, utilities2027. commission shall comply with the following steps when conducting trial tests of penal communications services:

THE PUBLIC UTILITIES COMMISSION MAY ANNUALLY ADJUST THE RATE CAPS IN AN AMOUNT NOT TO EXCEED ANY INTRASTATE RATE CAPSESTABLISHEDBYTHE FEDERALCOMMUNICATIONS COMMISSION .

THE PUBLIC UTILITIES COMMISSION MAY ENFORCE THE RATE CAPS .

(c) Thepublicutilitiescommissionshallcomplywiththefollowing steps when conducting trial tests of penal communications services:

All correctional facilities ANDPAGE PENAL40-HOUSE COMMUNICATIONSBILL SERVICE26-1326 PROVIDERSANDPENALCOMMUNICATIONSSERVICEPROVIDERS shallshallcooperatewiththe cooperate with the public utilities commission in conducting tests of penal communications services.

(d.5) HETHEPUBLICUTILITIESCOMMISSIONSHALLDEVELOPFLYERSOR PUBLICOTHERINFORMATIONALDOCUMENTSTOINFORMMEMBERSOFTHEPUBLICOF UTILITIES COMMISSION SHALL DEVELOP FLYERS OR OTHER INFORMATIONAL DOCUMENTS TO INFORM MEMBERS OF THE PUBLIC OF THE METHODS BY WHICH THEY MAY SUBMIT AN INFORMAL COMPLAINT TO THE PUBLIC UTILITIES COMMISSION REGARDING PENAL COMMUNICATIONS SERVICES .

BEGINNINGEGINNING JANUARY 1, 2027,2027,EACH EACHCORRECTIONAL CORRECTIONALFACILITYSHALLPOSTTHEDOCUMENTSINACONSPICUOUSFACILITY LOCATIONSHALL WHEREPOST THE DOCUMENTS MAYIN BEA VIEWEDCONSPICUOUS BYLOCATION VISITORSWHERE TO THE CORRECTIONALDOCUMENTSMAYBEVIEWEDBYVISITORSTOTHECORRECTIONALFACILITY FACILITY..

(6) THE PUBLIC UTILITIES COMMISSION MAY ADOPT RULES IMPLEMENTING THIS SECTIO,INCLUDINGSECTION RULES:,INCLUDING RULES :

(a) REQUIRINGR EQUIRING PENAL COMMUNICATIONS SERVICE PROVIDERS TO REPORT OUTAGES OF PENAL COMMUNICATIONS SERVICES TO THE PUBLIC UTILITIES COMMISSIO;ANDCOMMISSION; (b) MPOSINGPENALTIESTHATCOMPORTWITHSECTION 40-7-113.5 -53- 1326 (1) FOR A PENAL COMMUNICATIONS SERVICE PROVIDER S FAILURE TO COMPLYWITHTHEREQUIREMENTSOFTHISSECTIONTHATAPPLYTOPENAL COMMUNICATIONS SERVICE PROVIDERS .

(7)AND NOTHING(b) INIMPOSING THISPENALTIES THAT COMPORT WITH SECTION IS40-7-113.5 INTENDED(1) FOR A PENAL COMMUNICATIONS SERVICE PROVIDER 'S FAILURE TO ESTABLISHCOMPLY PUBLICWITH UTILITIESTHE COMMISSIONREQUIREMENTS AUTHORITYOF OVERTHIS CORRECTIONALSECTION FACILITIES.THAT APPLY TO PENAL COMMUNICATIONS SERVICE PROVIDERS .

(7) N OTHING IN THIS SECTION 45.IS INTENDED TO ESTABLISH PUBLIC UTILITIES COMMISSION AUTHORITY OVER CORRECTIONAL FACILITIES .

InSECTION45. Colorado Revised Statutes, 40-7-117, amend (2) introductory portion and (2)(c) as follows:

InColoradoRevisedStatutes,40-7-117, amend(2) introductory portion and (2)(c) as follows:

Gaspipelinesafetyrules-civilpenaltyforviolationsGas pipeline safety rules - civil penalty for violations - other remedies - rules.

(2) Any T HE COMMISSION MAY REDUCE THE AMOUNT OF A civil penaltypenaltyauthorizedbythissectionmaybereducedbythecommission authorized by this section may be reduced by the commission based on consideration of objective metrics and factors set forth in rules.

(c) The extent to which the violator agrees to spend, in lieu of payment of part of the civil penalty, a specified dollar amount on commission-approvedPAGE measures41-HOUSE toBILL reduce26-1326 thecommission-approvedmeasurestoreducetheoverallrisktopipelinesystem overall risk to pipeline system safety or integrity;

except that the amount of the penalty payable to the commission shallMUST be no less than five thousand dollarsdolUNLESS UNLESS THE VIOLATOR IS A SMALL OPERATOR,ASOPERATOR , AS THAT TERM IS DEFINED BY THE COMMISSION BY RULE .

InColoradoRevisedStatutes,40-3-104.4,add(3)In Colorado Revised Statutes, 40-3-104.4, add (3) as follows:

(3)(3)(a) (a)ONORBEFOREEIGHTEENMONTHSAFTERTHEEFFECTIVEDATE ONOF ORTHIS BEFORESUBSECTION(3),THE EIGHTEENCOMMISSION MONTHSSHALLCONDUCT AFTERA THESTUDY EFFECTIVE DATEOFTHISSUBSECTION (3)THECOMMISSIONSHALLCONDUCTASTUDY -54- 1326 THAT :

(II) ASSESSESASESSESTHEFINANCIALCONDITIONOFEACHOFTHEPRIVATELY THE FINANCIAL CONDITION OF EACH OF THE PRIVATELY OWNED WATER UTILITIES ;

(III) AALYZESWHATOPTIONSAREAVAILABLETOTHEPRIVATELYANALYZES WHAT OPTIONS ARE AVAILABLE TO THE PRIVATELY OWNED WATER UTILITIES TO TRANSITION INTO SPECIAL DISTRICTS , MUNICIPAL ENTITIES ,PUBLIC, PUBLIC INTEREST NONPROFIT ORGANIZATIONS , MEMBER -OWNEDOWNEDNONPROFITORGANIZATIONS NONPROFIT,OROTHERTYPESOFENTITIES ORGANIZATIONS; , OR OTHER TYPES OF ENTITIES;AND (IV) ADDRESSESWHATUPGRADECOSTSARE NECESSARYFORTHE MAINTENANCE OR ENVIRONMENTAL COMPLIANCE OF PRIVATELY OWNED WATER UTILITY INFRASTRUCTURE AND WHETHER A DISTINCT FUNDING STREAM SHOULD BE MADE AVAILABLE TO SUPPORT THE UPGRADE COSTS .

(b)AND THECOMMISSIONSHALLCOMPLETEANDMAKETHERESULTSOF(IV) THEA STUDYDDRESSES PUBLICLYWHAT AVAILABLEUPGRADE ONCOSTS THEARE COMMISSIONNECESSARY 'SFOR WEBSITETHE ONMAINTENANCE OR BEFOREENVIRONMENTAL OCOMPLIANCE CTOBEROF 1,PRIVATELY 2031.OWNED WATER UTILITY INFRASTRUCTURE AND WHETHER A DISTINCT FUNDING STREAM SHOULD BE MADE AVAILABLE TO SUPPORT THE UPGRADE COSTS .

(c)(b) THISTHE SUBSECTION(3)ISCOMMISSION REPEALED,EFFECTIVESHALL SEPTEMBERCOMPLETE AND MAKE THE RESULTS OF THE STUDY PUBLICLY AVAILABLE ON THE COMMISSION S WEBSITE ON OR BEFORE O CTOBER 1, 2032.2031.

SECTION(c) 47.T HIS SUBSECTION (3)IS REPEALED ,EFFECTIVE SEPTEMBER 1, 2032.

PAGE 42-HOUSE BILL 26-1326 SECTION 47.

(1) A S USED IN THIS SECTI,UNLESSSECTIO,UNLESS THE CONTEXT OTHERWISE REQUIRESREQUIRES: :

(a) "FEDERAL CREDIT"CREDIT MEANS"MEANS THE FEDERAL CLEAN ELECTRICITY -55- 1326 INVESTMENT CREDIT AUTHORIZED UNDER SECTION 48EOF48E OF THE FEDERAL "INTERNAL REVENUER CEVENUE ODECODE OF1986",OF 1986", 26 U.S.CSEC.U.S.CSEC .

(b) "INTERCONNECTION UTILITY"MEANSUTILITY " MEANS AN INVESTOR -OWNED ELECTRIC UTILIT.UTILITY.

(c) "M"MATERIALASSISTANCECOSTRATIO ATERIAL"MEANSTHEMEASUREMENT ASSISTANCE COST RATIO" MEANS THE MEASUREMENT OF HOW MUCH OF A PROJECT S'S COST IS FROM NONPROHIBITED FOREIGN ENTITYENTITYSOURCESANDISCALCULATEDINACCORDANCEWITH SOURCES26U.S.C.SEC AND. IS CALCULATED IN ACCORDANCE WITH 26 U.S.C.SEC.

7701(a)(52)(D)OR (a)(52)(OR ANY SUCCESSOR FEDERAL STATUTE .

(d) "QUALIFIEDINTERCONNECTIONPROPERTY"QUALIFIED "HASTHEMEANINGINTERCONNECTION PROPERTY "HAS THE MEANING SET FORTH IN26 U.S.CSEC.U.S.C.SEC.

(2) AANINTERCONNECTIONUTILITYSHALL N,UPONWRITTENREQUEST INTERCONNECTION UTILITY SHALL , UPONPROVIDEATAXPAYERCLAIMINGTHEFEDERALCREDITANYINFORMATIONOR WRITTEN REQUEST ,PROVIDE A TAXPAYER CLAIMING THE FEDERAL CREDIT ANY INFORMATION OR CERTIFICATIONS REASONABLY NECESSARY FOR A DETERMINATION OF COMPLIANCE WITH APPLICABLE FEDERAL REQUIREMENTS ,INCLUDINGTHEMATERIALASSISTANCECOSTRATIO,INCLUDING .THETHE INFORMATIONMATERIALASSISTANCECOST ORRATIO CERTIFICATIONS.THEINFORMATIONORCERTIFICATIONS MUSTMUSTINCLUDE INCLUDE,TO,TOTHEEXTENTITISAVAILABLE ,INFORMATIONREGARDING THE EXTENTORIGIN,COST,AND ITCONSTITUENT ISCOMPONENTS AVAILABLEOF ,ANY INFORMATIONPROPERTY REGARDINGOR THEEQUIPMENT ORIGIN, COST, AND CONSTITUENTCOMPONENTSOFANYPROPERTYOREQUIPMENT ,INCLUDING ASSOCIATED LABOR COSTS ,THAT IS REQUIRED FOR CALCULATING THE MATERIAL ASSISTANCE COST RATIO FOR QUALIFIED INTERCONNECTION PROPERTY .

(3) AN INTERCONNECTION UTILITY SHALL PROVIDE THE INFORMATIONORCERTIFICATIONSREQUESTEDPURSUANTTOSUBSECTION (2) OF THIS SECTION WITHIN A REASONABLE TIME FRAME AND IN SUFFICIENTDETAILTOENABLETHETAXPAYERTOPERFORMTHEREQUIREDSUFFICIENT CALCULATIONSDETAIL ANDTO CERTIFICATIONSENABLE REQUIREDTHE UNDERTAXPAYER FEDERALTO TAXPERFORM -56-THE 1326REQUIRED RULESPAGE 43-HOUSE BILL 26-1326 CALCULATIONSANDCERTIFICATIONSREQUIREDUNDERFEDERALTAXRULES AND GUIDANCE REGARDING THE FEDERAL CREDIT.CREDIT .

(1) ONONORBEFORE ORD BEFOREECEMBER DECEMBER1,2026,THECOMMISSIONSHALLOPEN 1, 2026,THE COMMISSION SHALL OPEN ONE OR MORE MISCELLANEOUS PROCEEDINGS TO INVESTIGATE POTENTIALBARRIERSTOANDOPPORTUNITIESFORSTREAMLININGENERGYPOTENTIAL BARRIERS TO AND OPPORTUNITIES FOR STREAMLINING ENERGY PLANNING PROCEEDINGS ,,INTEGRATING INTEGRATING GAS AND ELECTRIC SYSTEM PLANNING ,AND MAXIMIZING THE EFFICIENCY AND EFFECTIVENESS OF CUSTOMER PROGRAMMING .

INN CONDUCTING THE MISCELLANEOUS PROCEEDINGS ,,THE THECOMMISSIONSHALLIDENTIFYANDEVALUATERECOMMENDATIONSRELATED COMMISSIONTO: SHALL IDENTIFY AND EVALUATE RECOMMENDATIONS RELATED TO :

(a) REVISINGR EVISING THE TIMING AND ORDER FOR KEY PLANNING PROCEEDINGS TO ACHIEVE REGULATORY EFFICIENCY AND REDUCE LITIGATIONCOSTSWHILEMAINTAININGHIGHSTANDARDSOFREGULATORYLITIGATION COSTS WHILE MAINTAINING HIGH STANDARDS OF REGULATORY OVERSIGHT ;

(b) INTEGRATINGITEGRATINGGASANDELECTRICSYSTEMPLANNINGASAMEANS GAS AND ELECTRIC SYSTEM PLANNING AS A MEANS TO REDUCE RATEPAYER COSTS AND TO ADVANCE FEDERAL ,REGIONAL , REGIONALSTATE,AND ,STATE, AND LOCAL AIR QUALITY AND DECARBONIZATION GOALS ;AND (c) MPROVINGIMPROVING THE COST-EFFECTIVENESSANDEFFECTIVENESSOFCOST UTILITYCUSTOMERPROGRAMS-EFFECTIVENESS ,INCLUDINGDEMANDAND -SIDEMANAGEMENTEFFECTIVENESS OF UTILITY CUSTOMER PROGRAMS ,INCLUDING DEMAND -SIDE MANAGEMENT , BENEFICIALELECTRIFICATIO,CLEANHEATBENEFICIALELECTRIFICATION ,CUSTOMER,CLEANHEAT SITEDRENEWABLECUSTOMER -SITEDRENEWABLE ENERGY AND STORAGE ,AND INCOME QUALIFIED-QUALIFIED SERVICE PROGRAMS.PROGRAMS .

(2) NEVALUATINGPOTENTIALBARRIERSANDOPPORTUNITIESFORIN EVALUATING POTENTIAL BARRIERS AND OPPORTUNITIES FOR INTEGRATING GAS AND ELECTRIC SYSTEM PLANNING PURSUANT TO -57- 1326 SUBSECTION (1)(b)OF THIS SECTIO,THE COMMISSION SHALL CONSIDER:CONSIDER :

(a) IMPLEMENTINGIPLEMENTING EMERGING FORECASTING AND MODELING PRACTICES TO ALLOW FOR OPTIMIZATION ACROSS GAS AND ELECTRIC SYSTEMS ;

PAGE 44-HOUSE BILL 26-1326 (b) ALIGNINGA LIGNING PLANNING PROCESSES,FORECASTSPROCESSES , FORECASTS ,ASSUMPTIONS , PROGRAMS ,INITIATIVE,OR,INITIATIVE, OR ANY COMBINATION THEREOF ACROSS GAS , ELECTRIC,AND STEAM PROCEEDINGS ;

(c) FFACILITATING ACILITATING SECURE DATA SHARING BETWEEN GAS AND ELECTRIC UTILITIES AND WITH CERTAIN NONUTILITY ENTITI,SUCHENTITIES ,SUCH AS GOVERNMENTAL BODIES AND THIRD PARTY-PARTY PROVIDERS ;

(d) IMPROVINGI MPROVING COLLABORATION AMONG UTILITIES THAT HAVE OVERLAPPING SERVICE TERRITORIES;TERRITORIES ;

(e) EVALUATINGANDIMPLEMENTINGGEOGRAPHICALLYTARGETEDEVALUATING AND IMPLEMENTING GEOGRAPHICALLY TARGETED ZONAL ELECTRIFICATION;ELECTRIFICATION ;

(f) EVALUATING AND MINIMIZING STRANDED ASSET RISKS;ANDRISKS ;AND (g) MODIFYINGCOSTM -RECOVERYMETHODSTOREDUCERATEPAYERODIFYING COST-RECOVERY METHODS TO REDUCE RATEPAYER RISK OR TO ALIGN UTILITY INCENTIVES WITH RELEVANT PUBLIC POLICY OBJECTIVES SUCH AS REDUCING GREENHOUSE GAS EMISSIONS.EMISSIONS .

(3) NCONDUCTINGTHEMISCELLANEOUSPROCEEDINGSPURSUANTIN TOCONDUCTING SUBSECTIONTHE (1)MISCELLANEOUS OFPROCEEDINGS THISPURSUANT SECTIO,THETOSUBSECTION COMMISSION(1)OFTHISSECTION SHALL,THECOMMISSIONSHALLSOLICITINPUT SOLICITFROMSTAKEHOLDERSTHROUGHPUBLICWORKSHOPS INPUT,WRITTENCOMMENTS FROM STAKEHOLDERS THROUGH PUBLIC WORKSHOPS , WRITTENAND COMMENTS ,AND OTHER FORUMS .

(4)(a)(4) BASEDONTHEMISCELLANEOUSPROCEEDINGSCONDUCTED(a) BSED ON THE MISCELLANEOUS PROCEEDINGS CONDUCTED PURSUANT TO SUBSECTION (1)OF(1) OF THIS SECTIO,THE COMMISSION SHALL PRODUCE A REPORT IDENTIFYING ITS FINDINGS ,CONCLUSIONS, CONCLUSIONS , AND RECOMMENDATIONS .

THET HE COMMISSION SHALL INCLUDE ANY RECOMMENDATIONS REGARDING LEGISLATIVE,LEGISLATIVE , REGULATORY , OR -58- 1326 OPERATIONAL ACTIONS NEEDED TO:TO :

(I) IMPROVE REGULATORY EFFICIENCY AND EFFECTIVENESS , INCLUDINGTHROUGHREVISINGTHETIMINGANDORDEROFKEYPLANNINGINCLUDING THROUGH REVISING THE TIMING AND ORDER OF KEY PLANNING PROCEEDINGS ;

(II) DVANCEINTEGRATEDGASANDELECTRICSYSTEMPLANNINGADVANCE INTEGRATED GAS AND ELECTRIC SYSTEM PLANNING ;

AND (III) ELIVERDELIVER COST-EFFECTIVE,IMPACTFUL,ANDCOST -EFFECTIVE,IMPACTFUL , AND STREAMLINED PAGE 45-HOUSE BILL 26-1326 UTILITY CUSTOMER PROGRAMMING TO ACHIEVE PUBLIC POLICY GOALS , INCLUDING GOALS OF REDUCING GREENHOUSE GAS EMISSIONS AND INCREASING ACCESS TO AND THE BENEFITS OF PROGRAMMING FOR INCOME QUALIFIED-QUALIFIED CUSTOMERS AND DISPROPORTIONATELY IMPACTED COMMUNITIES .

(b) WITHINW ITHIN THE REPOR,THEREPORT,THE COMMISSION SHALL ALSO IDENTIFY WHETHERWHETHERANYOFTHERECOMMENDATIONSMADEPURSUANTTOSUBSECTION ANY(4)(a)OF OF THE RECOMMENDATIONS MADE PURSUANT TO SUBSECTION (4)(aOF THIS SECTION WOULD REQUIRE OR BENEFIT FROM LEGISLATIONTOCHANGESTATUTORYDEADLINESFORSPECIFICPLANNINGLEGISLATION PROCEEDINGSTO ,ANDCHANGE ,IFSTATUTORY S,DEADLINES THEFOR COMMISSIONSPECIFIC SHALLPLANNING RECOMMENDPROCEEDINGS THE, STATUTORYAND CHANGES,IFSO,THECOMMISSIONSHALLRECOMMENDTHESTATUTORYCHANGES NEEDED .

(5) ONO N OR BEFORENBEFORE OVEMBERNOVEMBER 30,2027,THE30, 2027,THE COMMISSION SHALL SUBMIT THE REPORT TO THE HOUSE OF REPRESENTATIVES ENERGY AND ENVIRONMENT COMMITTEE , THE HOUSE OF REPRESENTATIVES TRANSPORTATION ,HOUSING,ANDLOCALGOVERNMENTCOMMITTEE,HOUSING , AND LOCAL GOVERNMENT COMMITTEE ,AND THE SENATE TRANSPORTATION AND ENERGY COMMITTEE , OR THEIR SUCCESSOR COMMITTEES .

(6) THIS SECTION IS REPEAL,EFFECTIVEJANUARYREPEALED,EFFECTIVE JANUARY 1, 2029.

-59- 1326 This appropriation consists of $223,448 from the public utilities commissioncommissionfixedutilityfundcreatedinsection40-2-114(1)(b)(II),C.R.S., fixedand$75,000fromthepublicutilitiescommissionmotorcarrierfundcreated utilityinsection40-2-110.5(6),C.R.S.Toimplementthisact,thedepartmentmay funduse createdthis inappropriation sectionas 40-2-114follows: (1)(b)(II), C.R.S., and $75,000 from the public utilities commission motor carrier fund created in section 40-2-110.5 (6), C.R.S.

To(a) implement$232,712, thisincluding act,$157,712 from the departmentfixed mayutility fund and $75,000 from the motor carrier fund, for use thisby appropriationthe aspublic follows:utilities commissionforpersonalservices,whichamountisbasedonanassumption that the commission will require an additional 1.6 FTE;

(a)(b) $232,712,$16,048 includingfromthe $157,712 from the fixed utilityutilityfund fundforusebythepublic and $75,000 from the motor carrier fund, for use by the public utilities commission for personaloperating services,expenses; which amount is based on an assumption that the commission will require an additional 1.6 FTE;

(b) $16,048 from the fixed utility fund for use by the public utilities commission for operating expenses;

PAGE 46-HOUSE BILL 26-1326 (2) For the 2026-27 state fiscal year, $49,688 is appropriated to the departmentoflaw.Thisappropriationisfromreappropriatedfundsreceived from the department of law.regulatory agencies under subsection (1)(c) of this section and is based on an assumption that the department of law will requireanadditional0.2FTE.Toimplementthisact,thedepartmentoflaw may use this appropriation to provide legal services for the department of regulatory agencies.

This appropriation is from reappropriated funds received from the department of regulatory agencies under subsection (1)(c) of this section and is based on an assumption that the department of law will require an additional 0.2 FTE.

To implement this act, the departmentoflawmayusethisappropriationtoprovidelegalservicesfor the department of regulatory agencies.

Act subject to petition - effective date - applicability.(1)applicability. Thisacttakeseffectat12:01a.m.onthedayfollowing the expiration of the ninety-day period after final adjournment of the generalassembly(August12,2026,ifadjournmentsinedieisonMay13, 2026);

except(1) that,This if a referendum petition is filed pursuant to section 1 (3)ofarticleVofthestateconstitutionagainstthisactoranitem,section, or part of this act withintakes such period, then the act, item, section, or part -60- 1326 will not take effect unless approved bythe people at the12:01 generala.m. election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.

(2)on Thisactappliestoconductoccurringonoraftertheapplicablethe effectiveday datefollowing the expiration of the ninety-day period after final adjournment of the general assembly (August 12, 2026, if adjournment sine die is on May 13, 2026);exceptthat,if areferendumpetitionisfiledpursuanttosection1(3) of article V of the state constitution against this act.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 heldinNovember 2026 and, in such case, will takeeffectonthedateof the official declaration of the vote thereon by the governor.

-61-PAGE 132647-HOUSE BILL 26-1326 (2) This act applies to conduct occurring on or after the applicable effective date of this act.

____________________________ ____________________________ Julie McCluskie James Rashad Coleman, Sr.

SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE ____________________________ ____________________________ Vanessa Reilly Esther van Mourik CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED________________________________________ (Date and Time) _________________________________________ Jared S.

Polis GOVERNOR OF THE STATE OF COLORADO PAGE 48-HOUSE BILL 26-1326