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SENATE JOURNAL
Sixty-second General Assembly
STATE OF COLORADO
First Regular Session
58th Legislative Day Thursday, March 4,
1999
Call to By the President at 9:00 a.m.
Order
Prayer By the chaplain, Rev. Glen Hamlyn, Rocky
Mountain Cathedral, Denver.
Roll Call Present--Total, 30.
Absent/Excused--Blickensderfer, Lacy, Pascoe, Perlmutter, Wham--Total, 5.
Present later--Lacy, Pascoe, Perlmutter, Wham.
Quorum The President announced a quorum present.
Reading of On motion of Senator Owen, reading of the Journal of March 3rd was
Journal dispensed with and the Journal stands approved
as corrected by the Secretary.
COMMITTEE OF REFERENCE REPORTS
Health, After consideration on the merits, the committee recommends that the following be
Environment, referred favorably to the Committee of the Whole: HB99-1275
Welfare and
Institutions
Health, After consideration on the merits, the committee recommends that the following be
Environment, referred favorably to the Committee of the Whole: HB99-1307
Welfare and
Institutions
SIGNING OF RESOLUTIONS
The President has signed: HJR99-1004, 1005, and
1011.
Committee On motion of Senator Perlmutter the Senate resolved itself in to Committee of the Whole
of the for consideration of General Orders and Senator Perlmutter was called to the Chair to act
Whole as Chairman.
GENERAL ORDERS--SECOND READING OF BILL
The Committee of the Whole having risen, the Chairman reported that the following bill,
reading at length having been dispensed with by unanimous
consent, had been considered and action taken thereon as follows:
SB 99-153 by Sen. Owen; Rep. Spradley--Restructure
Natural Gas Industry
Amendment No. 1, Business Affairs and Labor Committee Amendment
(Printed in Senate Journal, February 5, pages 168-172.)
Amendment No. 2, by Senator Owen
Strike the committee amendment, as printed in Senate
Journal, February 5, page 168, lines 36 through 72, pages 169
through 171, and page 172, lines 1 through 23, and substitute
the following:
"Amend printed bill, page 2, strike lines 5
through 16, and substitute the following:
"declaration. (1) THE GENERAL
ASSEMBLY FINDS, DETERMINES, AND DECLARES THAT NATURAL GAS SERVICE
IS ESSENTIAL TO THE HEALTH AND WELLBEING OF ALL COLORADO
NATURAL GAS CUSTOMERS. THE GENERAL ASSEMBLY FURTHER FINDS, DETERMINES,
AND DECLARES THAT NATURAL GAS IS TRADED IN COMPETITIVE MARKETS
AT THE WELLHEAD AND IN DOWNSTREAM MARKETS FOR SALE TO UTILITIES,
INDUSTRIAL CUSTOMERS, AND LARGE COMMERCIAL CUSTOMERS AND THERE
MAY BE THE POTENTIAL FOR NATURAL GAS ALSO TO BE TRADED COMPETITIVELY
FOR SALE TO ALL OTHER CLASSES OF CONSUMERS. AS A RESULT, IT MAY
BE PREDICTED THAT COMPETITION IN THE NATURAL GAS SUPPLY MARKET
MAY INCREASE THE CHOICES AVAILABLE TO CONSUMERS AND REDUCE THE
PRICE OF SUCH SERVICE. ACCORDINGLY, IT IS THE POLICY OF THE STATE
OF COLORADO TO ENCOURAGE COMPETITION AFTER A REASONABLE TRANSITION
PERIOD DURING WHICH CONSUMERS ARE EDUCATED ABOUT CHOICES IN NATURAL
GAS SUPPLY THAT ARE NOW AVAILABLE OR WILL BE AVAILABLE IN THE
FUTURE. THE COMMISSION IS AUTHORIZED TO APPROVE VOLUNTARY PLANS
CONSISTENT WITH THIS SECTION THAT SEPARATE THE SALE OF NATURAL
GAS TO RETAIL CUSTOMERS INTO NATURAL GAS DELIVERY AND NATURAL
GAS SUPPLY AND, AFTER A TRANSITION PERIOD, DEREGULATE THE CHARGE
FOR NATURAL GAS SUPPLY WHERE THE COMMISSION FINDS THAT THE PLAN
PROVIDES CUSTOMERS WITH ADEQUATE CHOICES, ENSURES THE PROVISION
OF RELIABLE NATURAL GAS SUPPLY ON A FALLBACK BASIS ON TERMS AND
CONDITIONS THAT ARE JUST AND REASONABLE TO ALL CUSTOMERS, PROMOTES
THE DEVELOPMENT OF A COMPETITIVE MARKET FOR GAS SUPPLY, LIMITS
THE UNREASONABLE EXERCISE OF MARKET POWER, AND RETAINS AND ENHANCES
PROGRAMS TO SUPPORT LOWINCOME CONSUMERS.";
strike lines 24 through 26.
Page 3, strike lines 1 through 3, and substitute
the following:
"(b) ANY NATURAL GAS PUBLIC UTILITY
PROVIDING FOR INDIVIDUAL CONSUMER CHOICE BETWEEN COMPETING SUPPLIERS
SHALL IMPLEMENT A SEPARATELY STATED DISTRIBUTION CHARGE, APPLICABLE
TO ALL CUSTOMERS REGARDLESS OF THE IDENTITY OF THE NATURAL GAS
SUPPLIER AND DENOTED AS A "PUBLIC BENEFITS CHARGE",
TO HELP DEFRAY THE COSTS ASSOCIATED WITH FUNDING LOWINCOME
ENERGY ASSISTANCE PROGRAMS SUCH AS BILL ASSISTANCE AND WEATHERIZATION
FOR RESIDENTIAL ENERGY CONSUMERS IN COLORADO, SUBJECT TO THE FOLLOWING
CONDITIONS:";
line 5, strike "SHALL NOT EXCEED ONEHALF"
and substitute "SHALL BE AT LEAST THREEQUARTERS";
strike line 6, and substitute the following:
"OF THE REAL DOLLAR EQUIVALENT OF EACH UTILITY'S
1998 NOMINALDOLLAR REGULATED GAS REVENUES RECEIVED FOR THE
GEOGRAPHIC AREA OR GROUP OF CUSTOMERS THAT IS SUBJECT TO THE PLAN.
ADDITIONALLY, WITHIN ONE YEAR FOLLOWING THE IMPLEMENTATION OF
THE FIRST NATURAL GAS SUPPLIER CHOICE PROGRAM BY A NATURAL GAS
UTILITY THAT AFFECTS A SIGNIFICANT NUMBER OF LOWINCOME HOUSEHOLDS,
THE PUBLIC BENEFITS CHARGE SHALL BE SET AT A LEVEL SUFFICIENT
TO RAISE AN ADDITIONAL SUM OF ONE HUNDRED FIFTY THOUSAND DOLLARS
TO FUND THE STUDY PROVIDED FOR IN SUBSECTION (12) OF THIS SECTION.";
line 8, strike "SERVICE." and substitute
the following:
"SERVICE IN THE SAME MANNER AND WITH THE SAME
PROMINENCE AS IS THE CHARGE TO DEFRAY THE UTILITY'S
TRANSITION COSTS; AND
(III) THE PUBLIC BENEFITS CHARGE SHALL
BE IMPOSED ON ALL NATURAL GAS DELIVERED BY THE UTILITY IN A MANNER
THAT IS COMPETITIVELY NEUTRAL AND NONBYPASSABLE.";
strike lines 22 and 23, and substitute the following:
"(d) (I) IF THE GOVERNING BODY
OF A MUNICIPALITY".
Page 4, after line 15, insert the following:
"(e) THE COMMISSION OR OTHER GOVERNING
BODY SHALL RETAIN THE AUTHORITY TO ESTABLISH GUIDELINES REGARDING
GAS TRANSPORTATION SERVICE. SUCH GUIDELINES MAY INCLUDE, BUT
ARE NOT LIMITED TO, PROVISIONS CONCERNING THE ESTABLISHMENT OF
RATES, TERMS, AND CONDITIONS FOR THE PROVISIONING OF GAS TRANSPORTATION
SERVICES BY A NATURAL GAS PUBLIC UTILITY, REGARDLESS OF WHETHER
THE UTILITY HAS AN APPROVED VOLUNTARY PLAN.".
Page 5, line 1, strike "GAS ON AN UNREGULATED
BASIS." and substitute "GAS.";
line 4, strike "AFTER THE PLAN";
strike line 5, and substitute the following:
"IF THE PLAN IS APPROVED OR APPROVED WITH MODIFICATIONS,
THE COMMISSION SHALL DETERMINE THE REQUIREMENTS OR CONDITIONS
UNDER WHICH THE NATURAL GAS PUBLIC UTILITY SHALL BE PERMITTED
TO OFFER SUPPLY SERVICE. THE COMMISSION MAY, WITHOUT LIMITATION,
DETERMINE THAT THE NATURAL GAS PUBLIC UTILITY SHALL BE PERMITTED
TO COMPETE AS A SUPPLIER OF NATURAL GAS ON AN UNREGULATED BASIS
OR DETERMINE THAT THE NATURAL GAS PUBLIC UTILITY SHALL BE PERMITTED
TO COMPETE AS A SUPPLIER OF NATURAL GAS ON AN UNREGULATED BASIS
ONLY THROUGH AN AFFILIATE. ALTERNATIVELY, THE COMMISSION MAY
ESTABLISH SUCH REQUIREMENTS OR CONDITIONS AS ARE IN THE PUBLIC
INTEREST CONSIDERING THE MARKET POSITION OF THE NATURAL GAS PUBLIC
UTILITY. AFTER THE PLAN IS APPROVED, ALL NATURAL GAS SUPPLY SERVICE,
OTHER THAN FALLBACK SERVICE, ESTABLISHED UNDER THE";
line 7, strike "BASIS." and substitute
"BASIS WITHOUT AN OBLIGATION TO SERVE.";
line 14, after "THAT", insert "ALL";
line 15, strike "PLAN" and substitute "PLAN,
INCLUDING THOSE WHO ARE CURRENTLY TRANSPORTATION CUSTOMERS OF
THE NATURAL GAS PUBLIC UTILITY,";
line 19, strike "CONSUMERS;" and substitute
"CONSUMERS, INCLUDING ENSURING NONDISCRIMINATORY ACCESS TO
UPSTREAM CAPACITY AND STORAGE SERVICES BY ALL COMPETITORS;";
after line 19, insert the following:
"(III) ESTABLISHES SAFEGUARDS TO
ELIMINATE THE UNREASONABLE EXERCISE OF MARKET POWER BY ANY PERSON
TO THE DETRIMENT OF CONSUMERS OR COMPETITORS;".
Renumber succeeding subparagraphs accordingly.
Page 6, line 5, strike "SERVICE" and substitute
"SERVICE, ON A FIRM BASIS WITH ADEQUATE BACKUP,";
line 9, strike "MAY" and substitute "SHALL";
line 10, strike "SERVICE, THE" and substitute
"SERVICE OR THE";
line 11, strike "PROCESS, OR";
strike line 12, and substitute the following:
"PROCESS TO";
line 13, after "ASSURE", insert "THAT";
strike lines 14 and 15, and substitute the following:
"PRICES FOR THOSE CUSTOMERS WHO DO NOT RECEIVE
SUPPLY OFFERS, WHO DO NOT SELECT A COMPETITIVE NATURAL GAS PROVIDER,
WHO ARE REFUSED SERVICE BY A SUPPLIER, WHOSE SERVICE IS CANCELED
BY A SUPPLIER, WHO NEED SERVICE WHILE MOVING OR DURING OTHER TRANSITIONS,
OR WHOSE SUPPLIER FAILS TO SUPPLY SERVICE. IF A UTILITY PROVIDES
REGULATED FALLBACK SERVICE, THE UTILITY".
Page 7, line 1, strike "(VI)" and substitute
"(VII)";
line 7, after "LOWINCOME", insert
"ENERGY ASSISTANCE";
strike lines 13 through 15;
line 16, strike "UTILITY" and substitute
"BENEFITS CHARGE SHALL BE ADMINISTERED BY THE COLORADO ENERGY
ASSISTANCE FOUNDATION, WHICH IS THE ENTITY CREATED UNDER SECTION
408.5104, OR ITS SUCCESSOR, TO BE USED FOR THE PURPOSES
OF LOWINCOME ENERGY ASSISTANCE PAYMENTS AND PROGRAMS, LOWINCOME
WEATHERIZATION ASSISTANCE AND PROGRAMS, LOWINCOME ENERGY
EDUCATION, AND ENERGY CONSERVATION. THE COLORADO ENERGY ASSISTANCE
FOUNDATION";
line 19, after "LOWINCOME", insert
"ENERGY ASSISTANCE";
line 22, strike "GAS;" and substitute the
following:
"GAS, INCLUDING, WITHOUT LIMITATION, TERMS AND
CONDITIONS THAT ADDRESS THE FOLLOWING ISSUES:
(A) THE MANNER IN WHICH PRICE AND TERMS
AND CONDITIONS SHOULD BE DISCLOSED;
(B) THE EXTENT TO WHICH NATURAL GAS UTILITIES
AND SUPPLIERS ARE OBLIGATED TO SERVE ALL CUSTOMERS;
(C) APPROPRIATE CREDIT AND COLLECTION
PRACTICES;
(D) THE TERMS UNDER WHICH SERVICE MAY
BE DISCONTINUED;
(E) HOW PARTIAL PAYMENTS ARE ALLOCATED;
(F) PROTECTING CUSTOMER PRIVACY;
(G) PROHIBITING UNFAIR AND DECEPTIVE MARKETING
PRACTICES; AND
(H) THE DEGREE OF ACCESS TO CUSTOMER INFORMATION
NEEDED BY SUPPLIERS TO PROMOTE COMPETITION;";
strike lines 24 and 25, and substitute the following:
"NO CONSUMER'S NATURAL GAS SUPPLIER MAY BE CHANGED
WITHOUT THE CONSUMER'S".
Page 8, line 5, after "PROCEDURES.", add
"THE COMMISSION SHALL ALSO ESTABLISH AND DETERMINE THE EXTENT
TO WHICH A SUPPLIER WHO CAUSES CONSUMERS TO BE CHANGED WITHOUT
THEIR CONSENT IS LIABLE TO THOSE CONSUMERS AND THEIR CHOSEN PROVIDERS.";
line 7, strike "PER UNIT OF GAS";
line 8, strike "DELIVERED" and, after "CUSTOMERS,",
insert "AS DETERMINED BY THE COMMISSION,";
line 13, strike "1998." and substitute
"1998 ASSOCIATED WITH THE SALE OF NATURAL GAS SERVICE FROM
THE GEOGRAPHIC AREA OR GROUP OF CUSTOMERS AFFECTED BY THE PLAN.";
after line 17, insert the following:
"(XII) (A) MAINTAINS REGULATED,
COSTBASED RATES FOR GAS SUPPLY SERVICE FROM THE PUBLIC UTILITY
UNTIL SUCH TIME AS, IN THE AGGREGATE, NO LESS THAN THIRTYTHREE
AND ONETHIRD PERCENT OF THE CUSTOMERS COVERED BY A PLAN
ARE SERVED BY COMPETITIVE NATURAL GAS PROVIDERS, WHICH MAY INCLUDE
AFFILIATES OF THE PUBLIC UTILITY; THERE ARE A MINIMUM OF FIVE
COMPETITIVE NATURAL GAS PROVIDERS NOT AFFILIATED WITH THE PUBLIC
UTILITY UNLESS THE COMMISSION DETERMINES THAT, IN GEOGRAPHIC AREAS
COVERED BY THE PLAN, LESS THAN FIVE COMPETITIVE NATURAL GAS SUPPLIERS
PROVIDE EFFECTIVE COMPETITION; AND THE COMPETITIVE NATURAL GAS
SUPPLIERS NOT AFFILIATED WITH THE PUBLIC UTILITY SERVE NO LESS
THAN EIGHTEEN PERCENT OF THE CUSTOMERS COVERED BY A PLAN. WHEN
THESE CONDITIONS ARE MET, THE PUBLIC UTILITY SUPPLY SERVICE TO
THE GEOGRAPHIC AREA OR TO CUSTOMERS COVERED BY A PLAN MAY BE DEREGULATED
AND THE FALLBACK SUPPLY PROVISION OF THE PLAN SHALL BECOME EFFECTIVE.
(B) FOR PURPOSES OF THIS SUBPARAGRAPH
(XII), THE NUMBER OF CUSTOMERS SERVED BY COMPETITIVE NATURAL GAS
SUPPLIERS SHALL BE DETERMINED BASED ON THE NUMBER OF NATURAL GAS
METERS SERVED BY COMPETITIVE NATURAL GAS SUPPLIERS IN THE GEOGRAPHIC
AREA COVERED BY THE PLAN, OTHER THAN THOSE METERS SERVED UNDER
THE NATURAL GAS UTILITY'S
GAS TRANSPORTATION TARIFFS AT THE TIME THE PLAN IS IMPLEMENTED,
WHETHER DIRECTLY OR THROUGH A MARKETER OR BROKER, COMPARED TO
THE TOTAL NUMBER OF NATURAL GAS METERS IN THE GEOGRAPHIC AREA
COVERED BY THE PLAN.
(4) IF THE COMMISSION APPROVES A NATURAL
GAS PUBLIC UTILITY'S
VOLUNTARY PLAN WITH MODIFICATIONS, THE UTILITY SHALL HAVE THE
OPTION TO REJECT THE MODIFIED PLAN AND CONTINUE TO BE REGULATED
AS BEFORE. HOWEVER, IF A NATURAL GAS PUBLIC UTILITY EXERCISES
THIS OPTION, IT MAY NOT FILE ANOTHER VOLUNTARY PLAN FOR A MINIMUM
OF TWO YEARS UNLESS OTHERWISE PERMITTED BY THE COMMISSION AND
IT MAY NOT RECOVER IN RATES THE COSTS AND ADMINISTRATIVE CHARGES
INCURRED ASSOCIATED WITH THE DESIGN AND LITIGATION OF ITS VOLUNTARY
PLAN PROPOSAL.
(5) THE DEPARTMENT OF REVENUE IS HEREBY
AUTHORIZED TO COLLECT FUNDING FOR THE COMMISSION AND THE OFFICE
OF CONSUMER COUNSEL IN ACCORDANCE WITH SUBPARAGRAPH (XI) OF PARAGRAPH
(c) OF SUBSECTION (3) OF THIS SECTION.".
Renumber succeeding subsections accordingly.
Page 8, line 19, strike "UTILITIES OR BOTH,"
and substitute "UTILITIES OR GAS SUPPLY COMPANIES,";
strike line 20, and substitute the following:
"CERTIFICATION REQUIREMENTS, TERMS AND CONDITIONS
FOR GAS SUPPLY SERVICE, REPORTING REQUIREMENTS, AND COMPLIANCE
PROCEDURES FOR COMPETITIVE SUPPLIERS, AGGREGATORS OTHER THAN MUNICIPALITIES
OR COUNTIES OPERATING AS AGGREGATORS WITHIN THEIR JURISDICTIONAL
BOUNDARIES, OR BROKERS AS THE";
line 26, strike "SUPPLIERS" and substitute
"SUPPLIERS, AGGREGATORS OTHER THAN MUNICIPALITIES OR COUNTIES
OPERATING AS AGGREGATORS WITHIN THEIR JURISDICTIONAL BOUNDARIES,
OR BROKERS".
Page 9, line 2, strike "RULES," and substitute
"RULES AND STANDARDS OF CONDUCT,";
strike lines 4 through 6, and substitute the following:
"(7) (a) THE COMMISSION SHALL
PERMIT EACH NATURAL GAS PUBLIC UTILITY RECOVERY, THROUGH ITS TARIFF
RATES FOR DELIVERY OF NATURAL GAS, OF ALL OR A PORTION OF THE
UTILITY'S
TRANSITION COSTS AS MAY BE JUST AND REASONABLE IF SUCH RECOVERY,
FOR TRANSITION COSTS OTHER THAN COSTS IDENTIFIED IN SUBSUBPARAGRAPH
(G) OF SUBPARAGRAPH (II) OF PARAGRAPH (b) OF THIS SUBSECTION (7),
DOES NOT INCREASE THE ANNUAL CHARGES FOR REGULATED GAS DELIVERY
SERVICE IN EXCESS OF ONE PERCENT OF THE UTILITY'S
JURISDICTIONAL GAS REVENUES BOOKED OR RECORDED IN CALENDAR YEAR
1998 UNLESS THE UTILITY IS THEREBY UNABLE TO RECOVER SUCH TRANSITION
COSTS AS MAY BE APPROVED BY THE COMMISSION PURSUANT TO THIS SUBSECTION
(7) WITHIN FIFTEEN YEARS. IN SUCH A CASE, THE COMMISSION SHALL
ENSURE THAT THE RECOVERY OF THE UTILITY'S TRANSITION COSTS, EXCLUDING
THOSE IDENTIFIED IN SUBSUBPARAGRAPHS (G) AND (H) OF SUBPARAGRAPH
(II) OF PARAGRAPH (b) OF THIS SUBSECTION (7), DOES NOT INCREASE
THE ANNUAL CHARGES FOR REGULATED GAS DELIVERY SERVICE IN EXCESS
OF TWO PERCENT OF THE UTILITY'S
JURISDICTIONAL GAS REVENUES BOOKED OR RECORDED IN CALENDAR YEAR
1998. TO THE EXTENT THE COMMISSION APPROVES THE RECOVERY OF TRANSITION
COSTS IDENTIFIED IN SUBSUBPARAGRAPH (G) OF SUBPARAGRAPH
(II) OF PARAGRAPH (b) OF THIS SUBSECTION (7), THOSE COSTS SHALL
BE RECOVERED OVER A REASONABLE PERIOD OF TIME, AS DETERMINED BY
THE COMMISSION.";
line 7, strike "(5)," and substitute "(7),";
line 10, after "COLORADO", insert "THAT
ARISE FROM OR ARE RELATED TO CONTRACTS, INVESTMENTS, OR OTHER
OBLIGATIONS EXISTING";
line 21, after "COSTS", insert "INCURRED
BEFORE, ON, OR AFTER THE DATE OF IMPLEMENTATION OF THE VOLUNTARY
PLAN AND THAT ARE";
strike line 25, and substitute the following:
"SETTLEMENTS, OTHER THAN THOSE COSTS THAT HAVE
BEEN THE SUBJECT OF LITIGATION PRIOR TO JANUARY 1, 1999, AS IDENTIFIED
IN SUBSUBPARAGRAPH (H) OF THIS SUBPARAGRAPH (II);".
Page 10, line 7, strike "AND";
after line 7, insert the following:
"(H) COSTS INCURRED BEFORE, ON, OR
AFTER THE DATE OF IMPLEMENTATION OF THE VOLUNTARY PLAN AND THAT
ARE RELATED TO PREEXISTING GAS SUPPLY CONTRACTS THAT HAVE BEEN
THE SUBJECT OF LITIGATION PRIOR TO JANUARY 1, 1999, INCLUDING
ANY ABOVE MARKET COSTS, CONTRACT BUYOUT, BUYDOWN, REFORMATION,
OR TERMINATION COSTS, LITIGATION COSTS, FEES, JUDGMENTS, OR SETTLEMENTS;
AND";
line 8, strike "(H)" and substitute "(I)".
Page 11, strike line 4, and substitute the following:
"(c) EXCEPT TO THE EXTENT PROVIDED
IN PLAN PROVISIONS OR RULES ADOPTED BY THE COMMISSION GOVERNING
THE RELATIONSHIP BETWEEN THE PUBLIC UTILITY AND ITS AFFILIATES,
THE COMMISSION SHALL NOT IMPOSE ON A NATURAL GAS";
strike lines 10 and 11, and substitute the following:
"(8) THE PUBLIC BENEFITS CHARGE AND
ITS FUNDING METHOD SHALL CONTINUE IN EFFECT UNTIL AT LEAST DECEMBER
31, 2005, AND SHALL REMAIN IN EFFECT THEREAFTER UNTIL AND UNLESS
REPLACED WITH A DIFFERENT LEGISLATIVELY ADOPTED FUNDING MECHANISM
FOR STATEWIDE LOWINCOME ENERGY ASSISTANCE PROGRAMS THAT
ASSURES THE AVAILABILITY OF ADEQUATE RESOURCES AND THAT IS CONSISTENT
WITH THE RECOMMENDATIONS OF THE 1998 GOVERNOR'S
ENERGY ASSISTANCE REFORM TASK FORCE FOR THE PURPOSE OF DEFRAYING
THE COSTS OF LOWINCOME ENERGY ASSISTANCE. ON OR BEFORE
DECEMBER 1, 2004, THE COLORADO ENERGY ASSISTANCE FOUNDATION, WHICH
IS THE ENTITY CREATED UNDER SECTION 408.5104, OR ITS
SUCCESSOR, IN CONJUNCTION WITH ANY INTERESTED NATURAL GAS UTILITY
OR NATURAL GAS SUPPLIER, SHALL RECOMMEND SUCH A DIFFERENT FUNDING
MECHANISM FOR LOWINCOME ENERGY ASSISTANCE PROGRAMS TO THE
GENERAL ASSEMBLY FOR ADOPTION.";
line 19, strike "PLANS." and substitute
"PLANS AND WHETHER TO INITIATE A RULEMAKING PROCEEDING
TO PROVIDE FOR CONSISTENT CONSUMER PROTECTION MECHANISMS FOR ALL
NATURAL GAS CUSTOMERS FOR THOSE ISSUES ADDRESSED IN SUBPARAGRAPH
(IX) OF PARAGRAPH (c) OF SUBSECTION (3) OF THIS SECTION AND REQUIREMENTS,
TERMS, AND CONDITIONS OF GAS SUPPLY SERVICE.".
Page 12, line 3, strike "(X)" and substitute
"(XI)";
line 5, after "AUTHORIZED", insert "AT
ITS SOLE DISCRETION";
line 6, strike "SECTION." and substitute
"SECTION, INCLUDING, BUT NOT LIMITED TO, STANDARDS OF CONDUCT,
UNFAIR AND DECEPTIVE MARKETING PRACTICES, AND CONSUMER PROTECTIONS.";
strike lines 7 through 26.
Page 13, strike lines 1 through 25, and substitute
the following:
"(12) NOTWITHSTANDING THE ESTABLISHMENT
OF THE PUBLIC BENEFITS CHARGE AS A MEANS OF DEFRAYING THE COST
OF LOWINCOME ENERGY ASSISTANCE PROGRAMS IN COLORADO, THE
GENERAL ASSEMBLY BELIEVES IT PRUDENT TO SEPARATELY EVALUATE THE
EFFECTS OF NATURAL GAS SUPPLIER CHOICE ON THE LOWINCOME
POPULATION. THEREFORE, THE COLORADO ENERGY ASSISTANCE FOUNDATION,
WHICH IS THE ENTITY CREATED UNDER SECTION 408.5104,
OR ITS SUCCESSOR SHALL, WITHIN ONE YEAR FOLLOWING THE IMPLEMENTATION
OF THE FIRST NATURAL GAS SUPPLIER CHOICE PROGRAM BY A NATURAL
GAS UTILITY TO AFFECT A SIGNIFICANT NUMBER OF LOWINCOME
HOUSEHOLDS, CONTRACT WITH A PRIVATE PARTY TO STUDY THE EFFECTS
OF GAS SUPPLIER CHOICE ON COLORADO'S
LOWINCOME POPULATION. THE PRIVATE PARTY CONDUCTING THE
STUDY SHALL GIVE NATURAL GAS UTILITIES AND SUPPLIERS, NATURAL
GAS CUSTOMERS, THE PUBLIC UTILITIES COMMISSION, AND OTHER INTERESTED
PARTIES AN OPPORTUNITY TO COMMENT ON THE RESULTS OF THE STUDY
ONCE COMPLETED. THE COLORADO ENERGY ASSISTANCE FOUNDATION SHALL
REPORT THE RESULTS OF THE STUDY, TOGETHER WITH ANY RECOMMENDATIONS
TO ALLEVIATE ANY ADVERSE IMPACTS ON NATURAL GAS SUPPLIER CHOICE
ON COLORADO'S
LOWINCOME POPULATION, TO THE GENERAL ASSEMBLY ON OR BEFORE
THE DATE THAT IS TWO YEARS FOLLOWING THE IMPLEMENTATION OF THE
FIRST NATURAL GAS SUPPLIER CHOICE PROGRAM BY A NATURAL GAS UTILITY
TO AFFECT A SIGNIFICANT NUMBER OF LOWINCOME HOUSEHOLDS.".
Page 14, line 2, strike "FOR" and substitute
"OR, WITHOUT BUYING AND SELLING GAS, ACT AS AN AGGREGATOR
OF THE LOADS OF ITS RESIDENTS AND BUSINESSES AND CONTRACT WITH
A CERTIFIED SUPPLIER FOR";
line 5, strike "(11)" and substitute "(13)";
line 7, strike "SUPPLIER." and substitute
"SUPPLIER OR ACTING AS AN AGGREGATOR OF THE LOADS OF ITS
RESIDENTS OR BUSINESSES.";
strike lines 13 through 20, and substitute the following:
"SECTION 2. 403.5102,
Colorado Revised Statutes, is amended to read:
403.5102. Regulation of
rates. The power and authority is hereby
vested in the governing body of each municipal utility and it
is hereby made the duty of each such governing body to adopt all
necessary rates, charges, and regulations to govern and regulate
all rates, charges, and tariffs of its municipal utility within
its authorized electric and natural gas service areas which lie
outside the jurisdictional limits of the municipality. No rate,
charge, or
tariff, OR VOLUNTARY PLAN APPROVED PURSUANT TO SECTION 402122
shall unjustly discriminate between or among those customers or
recipients of any commodity, service, or product of the municipal
utility within the authorized service area. In the event that
any rate, charge, or
tariff, OR VOLUNTARY PLAN established within the authorized service
area which lies outside the jurisdictional limits of the municipality
varies from the rate, charge, or
tariff, OR VOLUNTARY PLAN established for the same class of customers
or recipients of any such service within the authorized service
area which lies inside the jurisdictional limits of the municipality,
such rate, charge, or
tariff, OR VOLUNTARY PLAN shall not become effective until reviewed
and approved by the commission. Such review and approval shall
be in accordance with the provisions of article 3 of this title;
except that in no event shall the commission modify or establish
such rate, charge, or tariff to an amount lower than, NOR SHALL
THE COMMISSION APPROVE A VOLUNTARY PLAN CONTAINING A RATE OTHER
THAN, that established by the municipality for the same class
of customers or recipients of any utility service within the authorized
service area which lies inside the jurisdictional limits of the
municipality.".
Page 1, strike line 102, and substitute the following:
"FOR NATURAL GAS.".".
As amended, ordered engrossed and placed on the calendar
for Third Reading and Final Passage.
The following bills on the General Orders calendar of Thursday, March 4, were laid
over until Friday, March 5, retaining their place
on the calendar:
HB99-1049, 99-1157, 99-1105, 99-1143, 99-1067, 99-1229, 99-1172, 99-1173;
SB99-090; HB99-1152, 99-1114, 99-1026, 99-1096, 99-1041, 99-1147; SB99-202;
HB99-1075.
ADOPTION OF THE REPORT OF THE COMMITTEE OF THE
WHOLE
On motion of Senator Perlmutter, the Report of the
Committee of the Whole was adopted and, a majority of all members
elected having voted in the affirmative, the following action
was taken:
SB99-153 as amended, declared passed on Second Reading.
HB99-1049, 99-1157, 99-1105, 99-1143, 99-1067, 99-1229, 99-1172, 99-1173;
SB99-090; HB99-1152, 99-1114, 99-1026, 99-1096, 99-1041, 99-1147; SB99-202;
HB99-1075 laid over until Friday, March 5, retaining
their place on the calendar.
COMMITTEE OF REFERENCE REPORTS
Health, After consideration on the merits, the committee recommends that the following be
Environment, postponed indefinitely: HB99-1243
Welfare and
Institutions
Education After consideration on the merits, the committee recommends that HB99-1274 be
amended as follows and, as so amended, be referred
to the Committee of the Whole with favorable recommendation:
Amend reengrossed bill, page 3, strike lines 10 through
20 and substitute the following:
"SECTION 4. 22-30.5-109, Colorado Revised
Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:
22-30.5-109. Charter schools - restrictions -
establishment - number. (6) A SCHOOL
DISTRICT SHALL NOT DISCRIMINATE AGAINST A CHARTER SCHOOL IN PUBLICIZING
THE DISTRICT'S EDUCATIONAL OPTIONS THROUGH ADVERTISING, DIRECT
MAIL, AVAILABILITY OF MAILING LISTS, OR OTHER INFORMATIONAL ACTIVITIES,
PROVIDED THAT THE CHARTER SCHOOL PAYS FOR ITS SHARE OF SUCH PUBLICITY
AT COST.".
______________________________
On motion of Senator Chlouber, and with a majority of those elected to the Senate having voted in the affirmative, the balance of the calendar of Thursday, March 4, was laid over until Friday, March 5, retaining its place on the calendar.
______________________________
Senate in recess.
Senate reconvened.
COMMITTEE OF REFERENCE REPORTS
Business The Committee on Business Affairs and Labor has had under consideration and has had a
Affairs hearing on the following appointment and recommends that the appointment be
and Labor confirmed:
COLORADO RACING COMMISSION
for a term expiring July 1, 2002:
W. Gale Davey of Fort Morgan, Colorado to serve
as a Republican from the Fourth Congressional District and as
a representative of the racing industry, reappointed.
Business After consideration on the merits, the committee recommends that the following be
Affairs referred favorably to the Committee of the Whole: HB99-1259
and Labor
Business After consideration on the merits, the committee recommends that HB99-1215 be
Affairs amended as follows and, as so amended, be referred to the Committee of the Whole with
and Labor favorable recommendation:
Amend reengrossed bill, page 2, strike lines 13 through
21 and substitute the following:
"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.".
Business After consideration on the merits, the committee recommends that HB99-1295 be
Affairs amended as follows and, as so amended, be referred to the Committee of the Whole with
and Labor favorable recommendation:
Amend reengrossed bill, page 6, line 15, strike "(3)"
and substitute "(2)".
Page 7, strike line 19 and substitute the following:
"13-80-101. General limitation of actions
- three years. (1) The";
line 21, strike "one" and substitute "three";
line 22, strike "year" and substitute "years";
line 23, strike "(I)" and substitute "(o)";
line 26, strike "DECEMBER 31, 2000," and
substitute "DECEMBER 31, 2003,".
Page 8, line 2, strike "(I)" and substitute
"(o)".
Business After consideration on the merits, the committee recommends that the following be
Affairs postponed indefinitely: HB99-1263
and Labor
Business After consideration on the merits, the committee recommends that HB99-1269 be
Affairs amended as follows and, as so amended, be referred to the Committee of the Whole with
and Labor favorable recommendation:
Amend reengrossed bill, page 2, strike lines 2 through
7 and substitute the following:
"(d) BENEFITS SHALL BE REDUCED WHERE THE EMPLOYEE WILLFULLY MISLEADS AN EMPLOYER CONCERNING THE EMPLOYEE'S ABILITY TO SAFELY PERFORM THE JOB, AND THE EMPLOYEE IS".
Judiciary After consideration on the merits, the committee recommends that HB99-1072 be
amended as follows and, as so amended, be referred
to the Committee of the Whole with favorable recommendation:
Amend reengrossed bill, strike everything below the
enacting clause, and substitute the following:
"SECTION 1. 82114,
Colorado Revised Statutes, is REPEALED AND REENACTED, WITH AMENDMENTS,
to read:
82114. Immunity from civil
liability for employer disclosing information employer
shall not maintain blacklist credit lists excepted.
(1) FOR PURPOSES OF THIS SECTION, "JOB PERFORMANCE"
MEANS:
(a) THE SUITABILITY OF THE EMPLOYEE FOR
REEMPLOYMENT;
(b) THE EMPLOYEE'S WORKRELATED SKILLS,
ABILITIES, AND HABITS AS THEY MAY RELATE TO SUITABILITY FOR FUTURE
EMPLOYMENT; AND
(c) IN THE CASE OF A FORMER EMPLOYEE,
THE REASON FOR THE EMPLOYEE'S SEPARATION.
(2) IT IS UNLAWFUL FOR ANY EMPLOYER TO
MAINTAIN A BLACKLIST, OR TO NOTIFY ANY OTHER EMPLOYER THAT ANY
CURRENT OR FORMER EMPLOYEE HAS BEEN BLACKLISTED BY SUCH EMPLOYER,
FOR THE PURPOSE OF PREVENTING SUCH EMPLOYEE FROM RECEIVING EMPLOYMENT.
SECTIONS 82112 TO 82115 SHALL NOT BE
CONSTRUED TO PREVENT ANY MERCHANT OR PROFESSIONAL PERSON, OR ANY
ASSOCIATION THEREOF, FROM MAINTAINING OR PUBLISHING A LIST CONCERNING
THE CREDIT OR FINANCIAL RESPONSIBILITY OF ANY PERSON DEALING WITH
THEM ON CREDIT.
(3) ANY EMPLOYER WHO PROVIDES INFORMATION
ABOUT A CURRENT OR FORMER EMPLOYEE'S JOB HISTORY OR JOB PERFORMANCE
TO A PROSPECTIVE EMPLOYER OF THE CURRENT OR FORMER EMPLOYEE UPON
REQUEST OF THE PROSPECTIVE EMPLOYER OR THE CURRENT OR FORMER EMPLOYEE
IS IMMUNE FROM CIVIL LIABILITY AND IS NOT LIABLE IN CIVIL DAMAGES
FOR THE DISCLOSURE OR ANY CONSEQUENCES OF THE DISCLOSURE. THIS
IMMUNITY SHALL NOT APPLY WHEN SUCH EMPLOYEE SHOWS BY A PREPONDERANCE
OF THE EVIDENCE BOTH OF THE FOLLOWING:
(a) THE INFORMATION DISCLOSED BY THE CURRENT
OR FORMER EMPLOYER WAS FALSE; AND
(b) THE EMPLOYER PROVIDING THE INFORMATION
KNEW OR REASONABLY SHOULD HAVE KNOWN THAT THE INFORMATION WAS
FALSE.
(4) THIS SECTION APPLIES TO ANY EMPLOYEE,
AGENT, OR OTHER REPRESENTATIVE OF THE CURRENT OR FORMER EMPLOYER
WHO IS AUTHORIZED TO PROVIDE AND WHO PROVIDES INFORMATION IN ACCORDANCE
WITH THIS SECTION.
(5) ANY EMPLOYER THAT PROVIDES WRITTEN
INFORMATION TO A PROSPECTIVE EMPLOYER ABOUT A CURRENT OR A FORMER
EMPLOYEE SHALL SEND, UPON THE REQUEST OF SUCH CURRENT OR FORMER
EMPLOYEE, A COPY OF THE INFORMATION PROVIDED TO THE LASTKNOWN
ADDRESS OF THE PERSON WHO IS THE SUBJECT OF THE REFERENCE. ANY
PERSON WHO IS THE SUBJECT OF SUCH A REFERENCE MAY OBTAIN A COPY
OF THE REFERENCE INFORMATION BY APPEARING AT THE EMPLOYER'S OR
FORMER EMPLOYER'S PLACE OF BUSINESS DURING NORMAL BUSINESS HOURS.
THE EMPLOYER OR FORMER EMPLOYER MAY CHARGE A FAIR AND REASONABLE
AMOUNT FOR REPRODUCTION COSTS IF MULTIPLE COPIES ARE REQUESTED.
(6) NOTHING IN THIS SECTION SHALL BE CONSTRUED
TO ABROGATE OR CONTRADICT THE PROVISIONS OF PART 4 OF ARTICLE
34 OF TITLE 24, C.R.S.
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.".
Approp- After consideration on the merits, the committee recommends that SB99-110 be
riations amended as follows and, as so amended,
be referred favorably to the Committee of the Whole with favorable
recommendation:
Amend printed bill, page 2, line 7, strike "IN
SUCH CASES,";
strike line 8, and substitute the following:
"AT THE REQUEST OF A PUBLIC UTILITY FILING SUCH
A COMPLAINT, AND ONLY UPON THE APPROVAL OF THE COMMISSION, SUCH
A COMPLAINT MAY BE HEARD AND DECIDED UNDER THE FOLLOWING EXPEDITED
PROCESS:";
line 10, strike "THE SAME DAY" and substitute
"NO LATER THAN THE NEXT WORKING DAY";
line 14, strike "RECEIPT OF".
Page 3, line 13, strike "TAKE FINAL ACTION ON"
and substitute "ISSUE A DECISION CONCERNING".
Page 16, after line 9, insert the following:
"SECTION 12. No appropriation.
The general assembly has determined that this act can be implemented
within existing appropriations, and therefore no separate appropriation
of state moneys is necessary to carry out the purposes of this
act.".
Renumber succeeding section accordingly.
Approp- After consideration on the merits, the committee recommends that SB99-033 be
riations amended as follows and, as so amended,
be referred favorably to the Committee of the Whole with favorable
recommendation:
Amend printed bill, page 10, after line 13, insert
the following:
"SECTION 4. No appropriation. The general
assembly has determined that this act can be implemented within
existing appropriations, and therefore no separate appropriation
of state moneys is necessary to carry out the purposes of this
act.".
Renumber succeeding section accordingly.
Approp- After consideration on the merits, the committee recommends that SB99-051 be
riations amended as follows and, as so amended,
be referred favorably to the Committee of the Whole with favorable
recommendation:
Amend printed bill, page 8, after line 16, insert
the following:
"SECTION 3. Appropriation - adjustments
in 1999 long bill. For the implementation of this act, the
appropriation made in the annual general appropriation act for
the fiscal year beginning July 1, 1999, shall be adjusted as follows:
(1) The appropriation to the department of local
affairs for prevention and intervention program grants is hereby
decreased by the amount of twenty-five thousand dollars ($25,000)
general fund.
(2) The appropriation to the department of local affairs, community development, division of local government, local government and community services, is hereby increased by the sum of twenty-five thousand dollars ($25,000) general fund, or so much thereof as may be necessary, for a student dropout prevention study.".
Renumber succeeding section accordingly.
Page 1, line 102, strike "PROGRAMS." and
substitute "PROGRAMS, AND MAKING AN APPROPRIATION IN CONNECTION
THEREWITH.".
Approp- After consideration on the merits, the committee recommends that HB99-1113 be
riations amended as follows and, as so amended,
be referred favorably to the Committee of the Whole with favorable
recommendation:
Amend Re-engrossed bill, page 3, after line 25, insert
the following:
-SECTION
2. No appropriation. The general assembly
has determined that this act can be implemented within existing
appropriations, and therefore no separate appropriation of state
moneys is necessary to carry out the purposes of this act...
Renumber succeeding section accordingly.
Approp- After consideration on the merits, the committee recommends that HB99-1209 be
riations amended as follows and, as so amended,
be referred favorably to the Committee of the Whole with favorable
recommendation:
Amend the committee amendment, as printed in Senate
Journal, February 22, page 337, strike line 72.
Page 338, strike lines 1 through 9.
Renumber succeeding sections accordingly.
Page 339, strike lines 32 through 55.
Renumber succeeding sections accordingly.
Page 340, strike lines 24 through 38.
Renumber succeeding sections accordingly.
INTRODUCTION OF BILL--FIRST READING
The following bill was read by title and referred
to the committees indicated:
SB 99-207 by Senator Tebedo; also Representative McPherson--Concerning ratepayer protection for customers of energy public utilities that conduct activities unrelated to providing gas or electric energy.
State, Veterans, & Military Affairs
Appropriations
On motion of Senator Weddig, the Senate adjourned until 9:00 a.m., Friday,
March 5, 1999.
Approved:
Ray Powers
President of the Senate
Attest:
Patricia K. Dicks
Secretary of the Senate