(1)The Colorado electric transmission authority is hereby created as an
independent public body politic and corporate. The authority is a public
instrumentality, and its exercise of the powers as authorized by this article 42 is the
performance of an essential public function. The authority is a political subdivision
of the state, is not an agency of state government, and is not subject to
administrative direction by any department, commission, board, or agency of the
state.
(2)(a) The powers of the authority are vested in a board of directors, which
consists of the following nine members:
(I)Two members appointed by the governor with the consent of the senate;
(II)The director of the Colorado energy office created in section 24-38.5-101
or the director's designee;
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(1) The Colorado electric transmission authority is hereby created as an
independent public body politic and corporate. The authority is a public
instrumentality, and its exercise of the powers as authorized by this article 42 is the
performance of an essential public function. The authority is a political subdivision
of the state, is not an agency of state government, and is not subject to
administrative direction by any department, commission, board, or agency of the
state.
(2) (a) The powers of the authority are vested in a board of directors, which
consists of the following nine members:
(I) Two members appointed by the governor with the consent of the senate;
(II) The director of the Colorado energy office created in section 24-38.5-101
or the director's designee;
(III) Three members appointed by the speaker of the house of
representatives; and
(IV) Three members appointed by the president of the senate.
(b) The appointed members of the board must have the following
qualifications:
(I) Of the members appointed by the governor, one must have expertise in
financial matters involving the financing of major electric transmission projects and
the other must represent the interests of electric utility customers residing west of
the continental divide;
(II) Of the members appointed by the speaker of the house of
representatives, one must have utility experience;
(III) Of the members appointed by the president of the senate, one must
represent the interests of wildlife conservation and land use;
(IV) Of the members appointed by the speaker of the house of
representatives and the president of the senate:
(A) One must represent the interests of organized labor;
(B) One must represent the interests of residential customers of electric
utilities;
(C) One must represent the interests of commercial or industrial customers
of electric utilities; and
(D) One must have knowledge of renewable energy development.
(c) A member of the board shall not represent a person that owns or
operates facilities.
(d) Board members shall serve four-year terms; except that, of the appointed
members initially appointed to the board, one of the members appointed by the
governor and one of the members appointed by the speaker of the house of
representatives shall serve initial terms of three years and one of the members
appointed by the governor and one of the members appointed by the president of
the senate shall serve initial terms of two years. The remainder of the appointed
members initially appointed to the board shall serve four-year terms. Thereafter, all
appointed members of the board shall serve four-year terms. A vacancy in the
membership of the board must be filled in the same manner as the original
appointment for the remainder of the expired term only.
(e) An appointed member of the board is eligible for reappointment. An
appointing authority may remove a member of the board for cause.
(f) Board members shall not receive compensation for their services but shall
be reimbursed for their reasonable and necessary travel and other expenses
incurred in the performance of their official duties.
(3) The members of the board shall elect a chair and a vice-chair. Four
members of the board constitute a quorum.
(4) The authority is subject to the open meetings provisions of the Colorado
Sunshine Act of 1972, article 6 of title 24, and to the Colorado Open Records Act,
part 2 of article 72 of title 24. However, information obtained by the authority that
is designated by the board as proprietary technical or business information is
confidential and is not subject to inspection pursuant to the Colorado Open
Records Act. Information that the board may designate as proprietary confidential
information includes power purchase agreements, costs of production, costs of
transmission, transmission service agreements, credit reviews, detailed power
models, and financing statements.