First Regular Session
Sixty-first General Assembly
LLS NO. 970356.01 DHG
HOUSE BILL 971036
STATE OF COLORADO
BY REPRESENTATIVE Paschall;
also SENATOR Coffman.
BUSINESS AFFAIRS & LABOR
A BILL FOR AN ACT
CONCERNING ESTABLISHING THE CONDITIONS NECESSARY
FOR RESTRUCTURING OF THE RETAIL ELECTRICITY MARKET IN COLORADO.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
Authorizes the public utilities commission and other
entities with oversight of producers of retail electric service
to allow customers a choice of producer if federal law or judicial
constructions thereof permit such choice. Authorizes the formation
of purchasing cooperatives.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Title 40, Colorado Revised Statutes, 1993 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW ARTICLE to read:
Retail Electric Service
404.2101. Choice of producer authority of commission and other governing bodies. (1) THE COMMISSION AND ANY OTHER ENTITY WITH REGULATORY OR SUPERVISORY AUTHORITY OVER A PRODUCER OF RETAIL ELECTRIC SERVICE, INCLUDING WITHOUT LIMITATION THE GOVERNING BODY OF A COOPERATIVE ELECTRIC ASSOCIATION EXEMPT FROM REGULATION UNDER ARTICLE 9.5 OF THIS TITLE, SHALL ALLOW CUSTOMERS A CHOICE OF ANY PRODUCER IF SUCH CHOICE IS PERMISSIBLE UNDER FEDERAL LAW OR ANY JUDICIAL CONSTRUCTIONS THEREOF.
(2) WHEN THE COMMISSION OR OTHER GOVERNING BODY IMPLEMENTS SUBSECTION (1) OF THIS SECTION, PURCHASING COOPERATIVES SHALL BE AUTHORIZED. AS USED IN THIS SUBSECTION (2), "PURCHASING COOPERATIVE" MEANS A GROUP OR ASSOCIATION OF ELECTRIC CUSTOMERS THAT JOIN TOGETHER FOR THE PURPOSE OF NEGOTIATING THE PURCHASE OF ELECTRICITY FROM A PRODUCER OF ELECTRICITY.
(3) AS USED IN THIS SECTION, "PRODUCER" MEANS A PERSON WHO GENERATES ELECTRICITY FOR SALE. "PRODUCER" DOES NOT INCLUDE A RESELLER, PURCHASING COOPERATIVE, OR ANY PERSON IN THE BUSINESS OF TRANSMISSION, DISTRIBUTION, OR MARKETING OF ELECTRICITY.
SECTION 2. Effective
date. This act shall take effect upon the expiration of the
period allowed for submitting a referendum petition pursuant to
article V, section 1 (3) of the state constitution, unless a referendum
petition is filed against this act within such period, in which
case this act, if approved by the people, shall take effect on
the date of the official declaration of the vote thereon by proclamation
of the governor.