HOUSE 3rd Reading Unamended February 29, 2012 HOUSE Amended 2nd Reading February 28, 2012Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 12-0030.01 Duane Gall x4335 HOUSE BILL 12-1123 HOUSE SPONSORSHIP Conti, Becker, Brown, DelGrosso, Holbert, Murray, Nikkel, Ramirez, Scott, Summers, Swalm, Szabo SENATE SPONSORSHIP Williams S., House Committees Senate Committees Transportation A BILL FOR AN ACT Concerning an increase in the transparency of proceedings before the public utilities commission by requiring the commission to report annually to the general assembly regarding matters discussed on the record in energy rate cases. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill requires the director of the public utilities commission (PUC) or the director's designee to report annually to the joint house and senate transportation committees regarding matters discussed on the record in energy rate case hearings that were decided by the commission during the immediately preceding 2 years. For all rate cases included in the report, the bill directs the commission to estimate the economic impact of the rates involved, including the average increase or decrease in ratepayers' monthly bills. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, amend 40-2-103 as follows: 40-2-103. Director - duties - report. (1) The executive director of the department of regulatory agencies, pursuant to section 13 of article XII of the state constitution, and with the approval of the commission, shall appoint a director of the commission. The director of the agency shall manage the operations of the agency in order to carry out the public utilities law, to carry out and implement policies, procedures, and decisions made by the commission, as defined in section 40-2-101 (1), and to meet the requirements of the commission concerning any matters within the authority of an agency transferred by a type 1 transfer, as defined in section 24-1-105, C.R.S., and which requirements are under the jurisdiction of the commission. The director shall have has all the powers and responsibilities of the division director for this purpose, including the power to issue all necessary process, writs, warrants, and notices. The director shall have has the requisite power to serve warrants and other process in any county or city and county of this state and to delegate such actions to duly authorized employees or agents of the agency as appropriate. (2) (a) Beginning with the first regular session of the sixty-ninth general assembly, the director of the commission or the director's designee shall present an annual report to the joint house and senate transportation committees, or any successor committees, regarding energy rate cases that came before the commission during the immediately preceding two years. The report and any accompanying materials may be prepared and submitted to the committees electronically, and must include the disposition of each energy utility rate case by the commission; the amount of any increase or decrease in rates that resulted from each energy utility rate case, expressed as a percentage of the total amount billed to ratepayers per month and per year; and the dollar amount of the average increase or decrease in the monthly bill paid by each class of energy utility ratepayers. (b) The director shall not report on matters outside the scope of the evidence and testimony presented at the hearing. SECTION 2. Act subject to petition - effective date. 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 (August 8, 2012, if adjournment sine die is on May 9, 2012); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part shall not take effect unless approved by the people at the general election to be held in November 2012 and shall take effect on the date of the official declaration of the vote thereon by the governor.