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Measures To Modernize The Public Utilities Commission

Concerning the operations of the public utilities commission, and, in connection therewith, modernizing the commission's statutory directives regarding distributed generation of electricity; requiring additional disclosure from intervenors in adversarial proceedings; providing the commissioners with access to independent subject-matter experts; and making an appropriation.
2021 Regular Session
State Government
Telecommunications & Information Technology
Bill Summary

Section 1 of the bill authorizes the allocation of up to $250,000 per year of the money that the public utilities commission receives from the public utilities commission fixed utility fund for outside consultants and experts.Section 2 requires an intervenor in a proceeding before the commission matter to disclose, any and the commission to publish on its website, any corporate affiliation, receipt of funding, or other financial relationship that exists or, within the prior 2 years, existed between that intervenor and any other intervenor the regulated utility in the matter.Section 3 directs the commission to adopt rules to require the commission, when considering any matter before the commission, to improve equity and prioritize disproportionately impacted communities.

Under current law, the annual fee collected from each regulated public utility is capped at 0.25% of the public utility's gross instrastate utility operating revenue for the preceding calendar year; except that the annual fee collected from a public utility that is a telephone corporation is capped at 0.20% of the telephone corporation's gross intrastate utility operating revenue for the preceding calendar year. Section 4 removes raises the cap on annual fees collected from regulated public utilities other than telephone corporations from 0.25% to 0.45% .Section 5 requires the commission to promulgate rules requiring qualifying retail utilities subject to the renewable energy standard to retire renewable energy credits in a manner that benefits cities, counties, and businesses in the state and is consistent with timely attainment of the state's clean energy and climate goals.Section 6 requires the commission to promulgate rules to establish fixed rates for net metering credits provided to community solar garden subscribers on their electric bills.

With respect to the retirement of any electric generating facility, section 7 6 requires an investor-owned electric utility to submit, and the commission to consider, net present value of revenue requirement projections, one based on using Colorado energy impact bonds and one based on not using Colorado energy impact bonds.Section 8 7 requires the commission, in approving a resource plan, to include the social cost of carbon dioxide with regard to a portfolio's net present value of revenue requirements.Section 9 8 requires each regulated public utility that uses resource planning software to provide commission staff with licenses to the software and with model assumptions used for the software.Section 10 9 expands the time for the commission to issue a decision on an application that is not accompanied by prefiled testimony and exhibits from 210 days to 250 days after the commission has deemed the application complete.Section 10 broadens the purposes for which a utility may seek permission to issue Colorado energy impact bonds, to include not only the retirement of electric generating facilities but also other programs or projects approved by the commission, including programs or projects to mitigate the effects of extreme weather, wildfires, climate change, or other hazards, but not to include the utility's own liability for wildfire or other damages.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)


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Bill Text