First Regular Session

Sixty-first General Assembly

LLS NO. 97­0361.01 JLB SENATE BILL 97­046

STATE OF COLORADO

BY SENATOR Weddig;

also REPRESENTATIVE Owen.

BUSINESS AFFAIRS & LABOR

A BILL FOR AN ACT

CONCERNING REGULATING THE PROVISION OF NONMETERED ELECTRIC LIGHTING FACILITIES BY ELECTRIC UTILITIES.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Prohibits electric utilities from providing, maintaining, or installing nonmetered electric lighting facilities unless:

* An unregulated subsidiary of such electric utility provides, maintains, or installs the facilities; or

* Such electric utility obtained municipal franchise rights on or before July 1, 1997, for the provision, maintenance, or installation of the facilities for municipal customers.

States that disputes arising under the new provisions shall be resolved by the public utilities commission or the state electrical board, as appropriate.

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

SECTION 1.  40­5­101, Colorado Revised Statutes, 1993 Repl. Vol., is amended BY THE ADDITION OF A NEW SUBSECTION to read:

40­5­101.  Nonutility activities ­ nonmetered electric lighting facilities. (3) (a)  AN ELECTRIC UTILITY SHALL NOT PROVIDE, MAINTAIN, OR INSTALL NONMETERED ELECTRIC LIGHTING FACILITIES UNLESS:

(I)  AN UNREGULATED SUBSIDIARY OF SUCH ELECTRIC UTILITY PROVIDES, MAINTAINS, OR INSTALLS SUCH FACILITIES; OR

(II)  SUCH ELECTRIC UTILITY OBTAINED MUNICIPAL FRANCHISE RIGHTS ON OR BEFORE JULY 1, 1997, FOR THE PROVISION, MAINTENANCE, OR INSTALLATION OF SUCH FACILITIES FOR MUNICIPAL CUSTOMERS.

(b)  FOR PURPOSES OF THIS SUBSECTION (3):

(I)  "ELECTRIC UTILITY" MEANS A PUBLIC UTILITY SUPPLYING ELECTRICITY, A COOPERATIVE ELECTRIC ASSOCIATION AS DEFINED IN SECTION 40­9.5­102, AN ELECTRICAL CORPORATION, AND A MUNICIPAL ELECTRIC UTILITY, WHETHER SUCH ENTITY IS SUBJECT TO OR EXEMPT FROM REGULATION BY THE PUBLIC UTILITIES COMMISSION, THAT SUPPLIES ELECTRICITY TO THE GENERAL PUBLIC.

(II)  "NONMETERED ELECTRIC LIGHTING" MEANS AREA LIGHTING THAT IS CONNECTED TO AN ELECTRIC UTILITY ON A NONMETERED CIRCUIT FOR THE PURPOSE OF LIGHTING PRIVATE AND PUBLIC PROPERTIES.

(c)  THE COLORADO STATE ELECTRICAL BOARD, CREATED IN SECTION 12­23­102, C.R.S., OR THE COMMISSION, WHICHEVER IS APPROPRIATE, SHALL RESOLVE DISPUTES ARISING PURSUANT TO THIS SECTION.

SECTION 2.  12­23­104 (2), Colorado Revised Statutes, 1995 Repl. Vol., is amended BY THE ADDITION OF A NEW PARAGRAPH to read:

12­23­104.  Oath ­ meetings ­ powers. (2)  In addition to all other powers and duties conferred or imposed upon the board by this article, the board is authorized to:

(j)  RESOLVE DISPUTES ARISING PURSUANT TO SECTION 40­ 5­ 101 (3), C.R.S., THAT CONCERN THE PROVISION, MAINTENANCE, OR INSTALLATION OF NONMETERED ELECTRIC LIGHTING FACILITIES.

SECTION 3.  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 that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; 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.