2020 Colorado Revised Statutes
Title 40 - Utilities
Article 1. Definitions
Section 40-1-102. Definitions.

Universal Citation: CO Rev Stat § 40-1-102 (2020)

As used in articles 1 to 7 of this title 40, unless the context otherwise requires:

  1. "Alternative fuel vehicle" means any automobile, truck, motor bus, boat, airplane,train, tractor, or other type of motorized off-highway equipment or other self-propelled device or vessel that is capable of moving itself or being moved from place to place utilizing, in whol e or in part, liquefied petroleum gas, natural gas, electricity, or a combination of natural gas and electricity as transportation fuel, whether or not the vehicle is used in agricultural, commercial, domestic, or industrial operations.

(1.3) "Charge" includes any consideration, however denominated, paid or provided by a retail cooperative electric association to a wholesale electric cooperative in connection with an agreement by which the retail cooperative electric association terminates a wholesale electric service contract with the wholesale electric cooperative.

(1.5) "Commission" means the public utilities commission of the state of Colorado.

  1. "Commissioner" means one of the members of the commission.

  2. (a) "Common carrier" means:

  1. Every person directly or indirectly affording a means of transportation, or any serviceor facility in connection therewith, within this state by motor vehicle or other vehicle whatever by indiscriminately accepting and carrying passengers for compensation; and

  2. Every person affording a means of transportation within this state by railroad byindiscriminately accepting and carrying for compensation passengers or property.

(b) "Common carrier" does not include a motor carrier that provides transportation not subject to regulation pursuant to section 40-10.1-105, a motor carrier that is subject to part 3, 4, 5, or 7 of article 10.1 of this title 40, a transportation network company, as defined in section 4010.1-602 (3), or a transportation network company driver, as defined in section 40-10.1-602 (4).

  1. "Compensation" means any money, property, service, or thing of value charged orreceived, or to be charged or received, whether directly or indirectly.

  2. (a) "Cost-effective", with reference to a natural gas or electric demand-side management program or related measure, means having a benefit-cost ratio greater than one.

(b) In calculating the benefit-cost ratio, the benefits shall include, but are not limited to, the following, as applicable:

  1. The utility's avoided generation, transmission, distribution, capacity, and energy costs;

  2. The valuation of avoided emissions; and

  3. Nonenergy benefits as determined by the commission.

(c) In calculating the benefit-cost ratio, the costs shall include, but are not limited to, utility and participant expenditures for the following, as applicable:

  1. Program design, administration, evaluation, advertising, and promotion;

  2. Customer education;

  3. Incentives and discounts;

  4. Capital costs; and

  5. Operation and maintenance expenses.

  1. "Demand-side management programs" or "DSM programs" means energy efficiency,conservation, load management, and demand response programs or any combination of these programs.

  2. "Education program" means a program, including, but not limited to, an energy audit,that contributes indirectly to a cost-effective demand-side management program. Education programs shall not be subject to independent cost-effectiveness requirements.

  3. "Full service customer" means a residential or commercial customer that purchasesnatural gas or electric supply from an investor-owned utility.

  4. "Net present value of revenue requirements" means the current worth of the expectedstream of future revenue requirements associated with a particular resource portfolio, expressed in dollars in the year the plan is filed. To determine the current worth of the expected stream of future revenue requirements, a discount rate at the utility's weighted average cost of capital shall be applied to the expected stream of future revenue requirements.

  5. "Person" means any individual, firm, partnership, corporation, company, association, joint stock association, and other legal entity.

  6. "Renewable energy" means useful electrical, thermal, or mechanical energy converted directly or indirectly from resources of continuous energy flow or that are perpetually replenished and whose utilization is sustainable indefinitely. The term includes, without limitation, sunlight, the wind, geothermal energy, hydrodynamic forces, and organic matter available on a renewable basis such as forest residues, agricultural crops and wastes, wood and wood wastes, animal wastes, livestock operation residue, aquatic plants, and municipal wastes.

Source: L. 13: p. 464, § 2. L. 15: p. 393, § 1. C.L. § 2912. CSA: C. 137, § 2. CRS 53: § 115-1-2. C.R.S. 1963: § 115-1-2. L. 69: p. 927, § 1. L. 79: (3) amended, p. 1561, § 28, effective June 20. L. 80: (3) amended, p. 742, § 1, effective June 30. L. 84: (3) amended, p. 1051, § 2, effective April 12. L. 85: (3) amended, p. 1307, § 2, effective May 29. L. 94: (6) added, p. 611, § 2, effective April 8. L. 95: (3) amended, p. 1209, § 21, effective May 31. L. 96: (3) amended, p. 143, § 1, effective April 8. L. 2004: (3)(b) amended, p. 905, § 31, effective May 21. L. 2007:

(5) and (6) amended and (7) to (11) added, p. 982, § 1, effective May 22. L. 2011: (3)(a)(I) and (3)(b) amended, (HB 11-1198), ch. 127, p. 418, § 11, effective August 10. L. 2012: (1) amended and (1.5) added, (HB 12-1258), ch. 147, p. 529, § 1, effective August 8. L. 2014: (3)(b) amended, (SB 14-125), ch. 323, p. 1408, § 1, effective June 5. L. 2018: IP and (3)(b) amended, (HB 18-1320), ch. 363, p. 2164, § 1, effective August 8. L. 2020: (1.3) added, (HB 20-1225), ch. 94, p. 372, § 2, effective March 27.

Cross references: (1) For further definition of common carriers, see § 40-9-102.

(2) For the legislative declaration contained in the 1994 act amending this section, see section 1 of chapter 102, Session Laws of Colorado 1994. For the legislative declaration in HB 20-1225, see section 1 of chapter 94, Session Laws of Colorado 2020.

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