HOUSE BILL 97­1206

BY REPRESENTATIVES Miller, Entz, Gordon, Sullivant, and Young;

also SENATOR Wattenberg.

CONCERNING AN EXEMPTION FROM PERMIT REQUIREMENTS FOR DEMAND­SIDE MANAGEMENT EQUIPMENT FURNISHED BY ELECTRIC UTILITIES.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. 12­23­111 (17), Colorado Revised Statutes, 1991 Repl. Vol., is amended to read:

12­23­111.  Exemptions. (17) (a)  The permit and inspection provisions of this article shall not be applicable APPLY to:

(I)  Installations under the exclusive control of electric utilities for the purpose of communication or metering or for the generation, control, transformation, transmission, or distribution of electric energy, WHETHER SUCH INSTALLATIONS ARE located in buildings used exclusively for utilities for such purposes or located outdoors on property owned or leased by the utility or on public highways, streets, or roads or outdoors by virtue of established rights on private property; OR

(II)  LOAD CONTROL DEVICES FOR ELECTRICAL HOT WATER HEATERS THAT ARE OWNED, LEASED, OR OTHERWISE UNDER THE CONTROL OF, AND ARE OPERATED BY, AN ELECTRIC UTILITY, AND ARE ON THE LOAD SIDE OF THE SINGLE­FAMILY RESIDENTIAL METER, IF SUCH EQUIPMENT WAS INSTALLED BY A REGISTERED ELECTRICAL CONTRACTOR. THE CONTRACTOR WILL NOTIFY APPROPRIATE LOCAL AUTHORITIES THAT THE WORK HAS BEEN COMPLETED IN ORDER THAT AN INSPECTION MAY BE MADE AT THE EXPENSE OF THE UTILITY COMPANY. THE APPLICABLE PERMIT FEE IMPOSED BY THE LOCAL AUTHORITIES SHALL NOT EXCEED TEN DOLLARS.

(b)  This subsection (17) does not exempt any premises wiring on buildings, structures, or other premises not owned by or under the exclusive control of the utility nor wiring in buildings used by the utility for purposes other than those listed in this subsection (17), such as office buildings, garages, warehouses, machine shops, and recreation buildings. This subsection (17) exempts all of the facilities, buildings, and the like inside the security fence of a generating station, substation, control center, or communication facility.

SECTION 2.  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.

____________________________ ____________________________

Charles E. Berry Tom Norton

SPEAKER OF THE HOUSE PRESIDENT OF

OF REPRESENTATIVES THE SENATE

____________________________ ____________________________

Judith M. Rodrigue Joan M. Albi

CHIEF CLERK OF THE HOUSE SECRETARY OF

OF REPRESENTATIVES THE SENATE

APPROVED________________________________________

_________________________________________

Roy Romer

GOVERNOR OF THE STATE OF COLORADO