§ 40-2-108 — Rules - legislative declaration

Colorado § 40-2-108

• Jurisdiction: Colorado
• Title 40: Utilities
• Art.: Public Utilities Commission -

Text

(1) The commission shall
promulgate such rules as are necessary for the proper administration and
enforcement of this title and shall furnish, without charge, copies of the appropriate
rules to each public utility under its jurisdiction and, upon request, to any public
officer, agency, political subdivision, association of officers, agencies, or political
subdivisions and to any representative of twenty-five or more consumers. The
commission shall be governed by the provisions of article 4 of title 24, C.R.S., for
the promulgation and adoption of rules; except that, notwithstanding any provision
of the said article 4 of title 24, C.R.S., to the contrary, the commission shall issue a
decision whenever it adopts rules in accordance with this section.

(2) Notwithstanding section 24-4-103 (6), C.R.S., any temporary or
emergency rule adopted by the commission shall be effective until a permanent
rule that replaces the temporary or emergency rule is effective but not for more
than two hundred ten days after the date of adoption.

(3) (a) The general assembly finds, determines, and declares that:

(I) Certain communities, both in Colorado and internationally, have
historically been forced to bear a disproportionate burden of adverse human health
or environmental effects, as documented in numerous studies, including the Toxic
Wastes and Race at Twenty, 1987-2007 report by the United Church of Christ
Justice & Witness Ministries; the federal environmental protection agency's annual
environmental justice progress reports; and a 2021 report from the Mapping for
Environmental Justice project at the Berkeley Public Policy/The Goldman School
that shows how the pollution burden is distributed in Colorado, while also facing
systemic exclusion from environmental decision-making processes and enjoying
fewer environmental benefits; and

(II) The purpose of this subsection (3) is to ensure that the commission, in
exercising its regulatory authority, will take account of and, where possible, help to
correct these historical inequities.

(b) The commission shall promulgate rules requiring that the commission, in
all of its work including its review of all filings and its determination of all
adjudications, consider how best to provide equity, minimize impacts, and prioritize
benefits to disproportionately impacted communities and address historical
inequalities.

(c) (I) In promulgating rules pursuant to this subsection (3), the commission
shall identify disproportionately impacted communities. In identifying the
communities, the commission shall consider minority, low-income, tribal, or
indigenous populations in the state that experience disproportionate environmental
harm and risks resulting from such factors as increased vulnerability to
environmental degradation, lack of opportunity for public participation, or other
factors. Increased vulnerability may be attributable to an accumulation of negative
or a lack of positive environmental, health, economic, or social conditions within
these populations.

(II) When making decisions relating to retail customer programs, the
commission shall host informational meetings, workshops, and hearings that invite
input from disproportionately impacted communities and shall ensure, to the extent
reasonably possible, that such programs, including any associated incentives and
other relevant investments, include floor expenditures, set aside as equity budgets,
to ensure that low-income customers and disproportionately impacted communities
will have at least proportionate access to the benefits of such programs, incentives,
and investments.

(d) Repealed.

Legislative History

Source: L. 13: p. 468, � 12. C.L. � 2923. CSA: C. 137, � 13. CRS 53: � 115-2-9. C.R.S. 1963: � 115-2-9. L. 64: p. 166, � 124. L. 69: p. 930, � 9. L. 89: Entire section amended, p. 1525, � 6, effective April 12. L. 93: Entire section amended, p. 2058, � 8, effective July 1. L. 95: Entire section amended, p. 232, � 1, effective April 17. L. 2021: (3) added, (SB 21-272), ch. 220, p. 1157, � 3, effective June 10. L. 2023: (3)(d) repealed, (HB 23-1233), ch. 245, p. 1333, � 20, effective May 23.