Colorado § 40-2-203 - Procurement mechanisms - determination by commission - rules.

Full text of Colorado Colorado Revised Statutes § 40-2-203 — Procurement mechanisms - determination by commission - rules., with citation guidance and answers to common questions.

§ 40-2-203. Procurement mechanisms - determination by commission - rules.

(1) On or before February 1, 2019, the commission shall establish, by rule, as part of the planning process, mechanisms for the procurement of energy storage systems by an electric utility; except that these mechanisms must not affect any ongoing resource acquisitions or competitive bidding processes that existed on February 1, 2018.

(2) In adopting the rules required by subsection (1) of this section, the commission shall use its best efforts to create conditions under which the procurement of energy storage systems by an electric utility will provide systemic benefits, including:

(a) Increased integration of energy into the grid of the electric utility;

(b) Improved reliability of the grid;

(c) A reduction in the need for the increased generation of electricity during periods of peak demand; and

(d) The avoidance, reduction, or deferral of investment by the electric utility.

(3) Pursuant to subsection (1) of this section, and in consideration of all known and measurable benefits and costs to an electric utility, the commission shall adopt rules:

(a) Establishing mechanisms for the inclusion of benefits and costs associated with energy storage systems into the planning conducted by electric utilities;

(b) Requiring electric utilities to provide to the commission, and allowing electric utilities to provide to third parties as approved by the commission, appropriate data and analysis of potential storage acquisitions in their planning processes, including potential interconnection points. The commission shall treat information provided to the commission or to approved third parties under this subsection (3)(b) as confidential and ensure that the commission and any approved third party manages the information in accordance with all commission rules and federal and state laws concerning customer data and personally identifiable information. If the commission finds that a third party has failed to comply with any applicable rules, laws, or conditions of approval under this subsection (3)(b), the commission may deem that party ineligible to bid or develop storage systems in the subsequent electric resource plan.

(c) Ensuring that any storage system project added to the electric grid will not compromise the security, safety, or reliability of the electric grid or any part of the electric grid;

(d) Establishing that an energy storage system may be owned by an electric utility or by any other person;

(e) (I) Establishing requirements for the filing by an electric utility of acquisition plans containing an analysis of the integration and use of electric storage systems.

(II) The requirements under this subsection (3)(e) must include the requirement that an electric utility provide in its acquisition plans:

(A) Modeling assumptions used to assess the costs and benefits of energy storage systems; and

(B) Model contracts for procurement of energy storage systems.

(f) Requiring the electric utility to include such other information as the commission may require in its documentation relating to planning.

(4) On or before May 1, 2019, electric utilities may file applications for rate-based projects, not to exceed fifteen megawatts of capacity, for energy storage systems. Nothing in this section is intended to prohibit or deter cost-effective storage deployment.

Source: L. 2018: Entire part added, (HB 18-1270), ch. 360, p. 2152, § 2, effective August 8.

40-2.1 ARTICLE 2.1

Transportation of Hazardous Materials

40-2.1-101 to 40-2.1-106. (Repealed)

Source: L. 89: Entire article repealed, p. 1640, § 6, effective July 1.

Editor's note: This article was added in 1979. For amendments to this article prior to its repeal in 1989, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.

Cross references: For the "Hazardous Materials Transportation Act of 1987", see parts 1, 2, and 3 of article 20 of title 42.

40-2.2 ARTICLE 2.2

Transportation of Nuclear Materials

40-2.2-101 to 40-2.2-213. (Repealed)

Source: L. 93: Entire article repealed, p. 1612, § 14, effective June 6.

Editor's note: This article was added in 1986. For amendments to this article prior to its repeal in 1993, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.

Cross references: For the "Hazardous Materials Transportation Act of 1987", see parts 1, 2, and 3 of article 20 of title 42.

40-2.3 ARTICLE 2.3

Colorado Transmission Coordination Act

40-2.3-101 to 40-2.3-103. (Repealed)

Source: L. 2019: Entire article repealed, p. 3309, § 12, effective September 1, 2022.

ARTICLE 3

Regulation of Rates and Charges

40-3-101. Reasonable charges - adequate service.

40-3-102. Regulation of rates - correction of abuses.

40-3-102.5. Limiting rate case expenses for investor-owned utilities - information included in rate case filings - gas cost or electric commodity adjustment filings - rules - definitions.

40-3-103. Utilities to file rate schedules - rules.

40-3-103.5. Medical exemption - tiered electricity rates - rules.

40-3-103.6. Disconnection due to nonpayment - connection and reconnection fees - deposits - standard practices - rules - definitions.

40-3-104. Changes in rates - notice.

40-3-104.3. Manner of regulation - competitive responses - economic development rate - definitions - repeal.

40-3-104.4. Simplified regulatory treatment for small or nonprofit water utilities - study of privately owned water utilities - repeal.

40-3-104.5. Special provisions for rail carrier rate increases.

40-3-105. Free and reduced service or transportation prohibited - exceptions.

40-3-106. Advantages prohibited - graduated schedules - consideration of household income and other factors - definitions.

40-3-107. Transmission of business of other companies.

40-3-107.5. Interconnection with renewable energy cooperatives.

40-3-108. Rates for long and short distances.

40-3-109. Street transportation public utility - transfers.

40-3-110. Information furnished commission - reports.

40-3-111. Rates determined after hearing.

40-3-112. Commission to provide local government with avoided cost information.

40-3-113. Rail rates for transportation of recyclable or recycled materials. (Repealed)

40-3-114. Cost recovery - prohibitions - reporting - penalties - definitions.

40-3-115. Recovery of utility relocation costs.

40-3-116. Electric vehicle programs - rates.

40-3-117. Performance-based rate-making - investigation - report - repeal. (Repealed)

40-3-118. Electric utility retail rates survey - nonadjudicatory proceeding - definition - report - repeal. (Repealed)

40-3-119. Measurement of use for billing - rules.

40-3-120. Fuel cost sharing - gas utilities - electric utilities - rules.

40-3-121. Natural gas cost causation study - commission proceeding - reporting - repeal. (Repealed)

40-3-122. Energy affordability - percentage-of-income payment plan program - eligibility and participation - cost recovery - definitions - rules.

Source: official Colorado text · Last verified 2026-08-27

Frequently Asked Questions About Colorado § 40-2-203

What does Colorado Revised Statutes § 40-2-203 cover?

Section 40-2-203 ("Procurement mechanisms - determination by commission - rules.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Colorado § 40-2-203?

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Is this the official text of Colorado law?

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Sources & Verification

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