NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      SENATE BILL 09-039
      
      
      BY SENATOR(S) Schwartz, Boyd, Carroll M., Foster, Isgar, Veiga, White,
      Williams;
      also REPRESENTATIVE(S) Curry, Fischer, Frangas, Green, Labuda,
      Middleton.
      
      
      Concerning the discretionary authority of cooperative electric
           associations to establish reasonable graduated rates for
           increased energy consumption by residential customers.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  Legislative declaration.  The general assembly
      declares that nothing in this act is intended to limit the power or authority
      of the Colorado public utilities commission.
      
           SECTION 2.  40-9.5-106 (2), Colorado Revised Statutes, is
      amended to read:
      
           40-9.5-106.  Prohibited acts.  (2)  No cooperative electric
      association, as to rates, charges, service, or facilities or as to any other
      matter, shall make or grant any preference or advantage to any corporation
      or person or subject any corporation or person to any prejudice or
      disadvantage.  No cooperative electric association shall establish or
      maintain any unreasonable difference as to rates, charges, service, or
      facilities or as to any other matter, either between localities or between any
      class of service.  Notwithstanding the provisions of section 40-6-108 (1)
      (b), any complaint arising out of this subsection (2) signed by one or more
      customers of such association shall be resolved by the public utilities
      commission in accordance with the hearing and enforcement procedures
      established in articles 6 and 7 of this title.  A cooperative electric
      association may approve any reasonable rate, charge, service,
      classification, or facility that establishes a graduated rate for
      increased energy consumption, for energy conservation and
      energy efficiency purposes, by residential customers that is
      revenue-neutral for the class, where revenue includes margins,
      expenses, riders, or charges as approved by the cooperative
      electric association.  The implementation of such rate, charge,
      service, classification, or facility by a cooperative electric
      association shall not be deemed to subject any person or
      corporation to any prejudice, disadvantage, or undue
      discrimination.  In adopting such rate, a cooperative electric
      association shall give due consideration to the impact of such
      rates on low-income customers.  A cooperative electric
      association may utilize a community energy fund as contemplated
      by section 40-2-127 for energy efficiency, energy conservation,
      weatherization, and renewable energy purposes.  A cooperative
      electric association shall not apply such rate to consumers that
      have single meters that record energy consumption for combined
      residential and agricultural uses.
      
           SECTION 3.  Act subject to petition - effective date -
      applicability.  (1)  This act shall take effect at 12:01 a.m. on the day
      following the expiration of the ninety-day period after final adjournment of
      the general assembly that is allowed for submitting a referendum petition
      pursuant to article V, section 1 (3) of the state constitution, (August 5, 2009,
      if adjournment sine die is on May 6, 2009); except that, if a referendum
      petition is filed against this act or an item, section, or part of this act within
      such period, then the act, item, section, or part, if approved by the people,
      shall take effect on the date of the official declaration of the vote thereon by
      proclamation of the governor.
      
           (2)  The provisions of this act shall apply to acts occurring on or after
      the applicable effective date of this act.
      
      
      
      
      ____________________________  ____________________________
      Peter C. Groff                    Terrance D. Carroll
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Karen Goldman                          Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Ritter, Jr.
                                    GOVERNOR OF THE STATE OF COLORADO