Colorado § 40-8-101 Undistributed overcharges turned over to municipality

Colorado Statutes

§ 40-8-101 — Undistributed overcharges turned over to municipality

Colorado § 40-8-101

Title 40Utilities

Art.Unclaimed Funds for Overcharges

This text of Colorado § 40-8-101 (Undistributed overcharges turned over to municipality) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 40-8-101 (2026).

Text

(1)Except as provided in subsection (2) of this section, in all cases where there has been an overcharge by a public utility for any commodity or service on account of which rights to refunds have accrued to any municipality or the inhabitants thereof by reason of services or commodities received through the use of the streets of such municipality, with or without a franchise, and a refund of the amount overcharged has been directed by any court or other authorized governmental tribunal, and a part of such refund has not been made because of inability to find the persons entitled thereto within the time limit fixed by such court or tribunal, the court or tribunal shall direct that any such undistributed balance shall be turned over to the municipality.

(2)For gas, electric, a

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(1)
Except as provided in subsection (2) of this section, in all cases where there has
been an overcharge by a public utility for any commodity or service on account of
which rights to refunds have accrued to any municipality or the inhabitants thereof
by reason of services or commodities received through the use of the streets of
such municipality, with or without a franchise, and a refund of the amount
overcharged has been directed by any court or other authorized governmental
tribunal, and a part of such refund has not been made because of inability to find
the persons entitled thereto within the time limit fixed by such court or tribunal, the
court or tribunal shall direct that any such undistributed balance shall be turned
over to the municipality.

(2) For gas, electric, and steam utilities, the public utilities commission may
order that all or part of the undistributed balance of a refund be paid by the utility
in an equitable manner to the general body of utility customers, and the public
utilities commission may order a gas or electric utility to pay up to ninety percent of
the undistributed balance of a refund into the fund established by the legislative
commission on low-income energy and water assistance pursuant to section 40-8.5-104.

Legislative History

Source: L. 47: p. 704, � 1. CSA: C. 137, � 69. CRS 53: � 115-8-1. C.R.S. 1963: � 115-8-1. L. 69: p. 954, � 52. L. 90: Entire section amended, p. 1760, � 2, effective May 31. L. 92: (2) amended, p. 2137, � 1, effective May 27. L. 2021: (2) amended, (HB 21-1105), ch. 488, p. 3507, � 17, effective September 7.