First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 13-0241.02 Chuck Brackney x2295 HOUSE BILL 13-1218 HOUSE SPONSORSHIP Swalm, Wright, Scott SENATE SPONSORSHIP Tochtrop, House Committees Senate Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning the transfer of certain existing employees from the Colorado public utilities commission to the office of consumer counsel. 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 transfers the trial advocacy staff of the public utilities commission to the office of consumer counsel. The bill defines the term "consumer" for purposes of the office of consumer counsel as a public utility customer and repeals the definitions of "agricultural consumer", "residential consumer", and "small business consumer". The office of consumer counsel is directed to represent the interests of all consumers by appearing in proceedings before the public utilities commission. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 40-2-104, add (4) as follows: 40-2-104. Assistants and employees. (4) (a) Effective July 1, 2013, the trial advocacy staff of the commission as described in the rules of the commission is transferred to the office of consumer counsel created in section 40-6.5-102. Employees of the commission with principal duties and functions concerning the duties and functions of the trial advocacy staff are included in this transfer. (b) Any employees transferred to the office of consumer counsel under paragraph (a) of this subsection (4) who are classified employees in the state personnel system retain all rights to the personnel system and retirement benefits under the laws of this state, and their services are considered to be continuous. All transfers must be made and processed in accordance with the state personnel system laws and rules. SECTION 2. In Colorado Revised Statutes, 40-6.5-101, repeal (1), (4), and (5); and add (1.5) as follows: 40-6.5-101. Definitions. As used in this article, unless the context otherwise requires: (1) "Agricultural consumer" means a public utility customer whose utility service is classified as an agricultural user or an irrigation user pursuant to a utility tariff established by the commission or a public utility customer who is seeking such tariff status. (1.5) "Consumer" means a public utility customer. (4) "Residential consumer" means a public utility customer whose utility service is limited to his residence. (5) "Small business consumer" means a public utility customer whose utility service is classified as a small business user or a small commercial user pursuant to a utility tariff established by the commission or a public utility customer who is seeking such tariff status. SECTION 3. In Colorado Revised Statutes, 40-6.5-102, amend (3) (b), (3) (c) introductory portion, and (3) (c) (II) as follows: 40-6.5-102. Office of consumer counsel - creation - appointment - attorney general to represent. (3) (b) The board shall consist consists of eleven members appointed by the governor. Such Members shall be appointed to represent residential, small business, and agricultural utility consumers. Such Members shall, to the extent possible, be persons with expertise or experience in consumer-related utility matters, utilities management, economics, accounting, financing, engineering, planning, or utilities law. In making appointments to the board, the governor shall ensure that the membership of the board represents the different geographic areas of the state. Of the members of the board appointed for terms beginning July 1, 1993, five of such members shall be appointed for terms of two years and six shall be appointed for terms of four years. Thereafter, members of the board shall be appointed for terms of four years. The governor shall not appoint any member of the board if such the person has any conflict of interest with such the person's duties as a member of the board. The governor may remove any board member for misconduct, incompetence, or neglect of duty. Board members shall serve without compensation, but members who reside outside the counties of Denver, Jefferson, Adams, Arapahoe, Boulder, and Douglas shall be entitled to reimbursement for reasonable actual expenses to attend board meetings in Denver. The board shall meet at least six times per year. (c) It is the duty of the board to represent the public interest of Colorado utility users and, specifically, the interests of residential, agricultural, and small business users, by providing general policy guidance and oversight for the office of consumer counsel and the consumer counsel in the performance of their statutory duties and responsibilities as specified in this article. The powers and duties of the board shall include, but not be limited to, the following: (II) Gathering data and information and formulating policy positions to advise the office of consumer counsel in preparing analysis and testimony in legislative hearings on proposed legislation affecting the interests of residential, small business, and agricultural utility users consumers; SECTION 4. In Colorado Revised Statutes, 40-6.5-104, amend (1) and (3) as follows: 40-6.5-104. Representation by consumer counsel. (1) The consumer counsel shall represent the public interest and, to the extent consistent therewith, the specific interests of residential consumers, agricultural consumers, and small business of consumers by appearing in proceedings before the commission and appeals therefrom in matters which involve proposed changes in a public utility's rates and charges, in matters involving rule-making which have an impact on the charges, the provision of services, or the rates to consumers, and in matters which involve certificates of public convenience and necessity for facilities employed in the provision of utility service, the construction of which would have a material effect on the utility's rates and charges. (3) The consumer counsel shall be served with notices of all proposed gas, electric, and telephone tariffs and he shall be served with copies of all orders of the commission affecting the charges of agricultural consumers, residential consumers, and small business consumers. SECTION 5. In Colorado Revised Statutes, 40-6.5-106, amend (1) (a) and (2.5); and add (4) as follows: 40-6.5-106. Powers of consumer counsel. (1) The consumer counsel: (a) May employ such attorneys, engineers, economists, accountants, or other employees as may be necessary to carry out his the consumer counsel's duties; and shall employ a maximum of sixteen full-time employees or the equivalent thereof; (2.5) The consumer counsel may petition for, request, initiate, or seek to intervene in any proceeding before a federal agency which regulates utility rates or service, or federal court when the matter before such the agency or court will affect a rate, charge, tariff, or term of service for a utility product or service for a residential, small business, or agricultural utility consumer in the state of Colorado. The phrase "federal agency which regulates utility rates or service" does not include any federal lending agency. (4) (a) Effective July 1, 2013, the trial advocacy staff of the commission as described in the rules of the commission is transferred to the office of consumer counsel. The consumer counsel shall supervise and assign duties to the trial advocacy staff formerly under the supervision of the director of the commission. The consumer counsel shall determine whether the staff will intervene in any docketed proceeding before the commission or a state or federal court. (b) Any employees transferred to the office of consumer counsel under paragraph (a) of this subsection (4) who are classified employees in the state personnel system retain all rights to the personnel system and retirement benefits under the laws of this state, and their services are considered to be continuous. All transfers must be made and processed in accordance with the state personnel system laws and rules. SECTION 6. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.