Colorado § 40-2-101 - Creation - appointment - term - rules - subject to termination - repeal of part.

§ 40-2-101. Creation - appointment - term - rules - subject to termination - repeal of part.

(1) (a) A public utilities commission is created in the department of regulatory agencies, which is known as the public utilities commission of the state of Colorado. The public utilities commission is a type 1 entity, as defined in section 24-1-105.

(b) The public utilities commission consists of three members appointed by the governor with the consent of the senate. Persons holding office on July 1, 1993, shall continue to serve in such office, but the term of one of these persons shall expire on the Monday preceding the second Tuesday of January, 1995, of another, the Monday preceding the second Tuesday of January, 1996, and of the third, the Monday preceding the second Tuesday of January, 1997, all as the governor shall designate; except that such designation shall not result in the extension of the term of any member to more than four years' duration. Thereafter, appointments shall be made for terms of four years.

(c) The commission, acting through its director, has the powers, duties, and functions related to its budgeting, purchasing, planning, and related management functions, including human resources.

(d) When appointing commissioners, the governor shall consider individuals who are knowledgeable of the industries that the commission regulates and who provide a diversity of experience and understanding of public interest considerations, including law, finance, emission reduction strategies, and consumer protections.

(2) No more than two members of the commission shall be affiliated with the same political party, and any appointment to fill a vacancy shall be for the unexpired term. Each commissioner shall be a qualified elector of this state. The governor shall designate one member of the commission as chair of the commission. The commissioners shall devote their entire time to the duties of their office to the exclusion of any other employment and shall receive such compensation as is designated by law. A majority of the commission constitutes a quorum for the transaction of its business. The commission may hold weekly meetings for the transaction of its business and, beginning July 1, 2027, a majority of the commissioners must attend any such weekly meeting in person. Nothing in this section prohibits the commissioners from meeting in person at any time prior to July 1, 2027.

(2.5) (a) In performing its duties pursuant to this article 40, the commission may send communications through email.

(b) The commission shall adopt rules establishing protocols for the use and security of email communications sent by the commission.

(3) (a) The provisions of section 24-34-104, C.R.S., concerning the termination schedule for regulatory bodies of the state unless extended as provided in that section, are applicable to the public utilities commission created by this section.

(b) (I) This part 1 is repealed, effective September 1, 2033.

(II) Before the repeal, the public utilities commission is scheduled for review in accordance with section 24-34-104.

Source: L. 13: p. 465, § 4. C.L. § 2915. CSA: C. 137, § 5. CRS 53: § 115-2-1. C.R.S. 1963: § 115-2-1. L. 69: p. 928, § 2. L. 76: (3) added, p. 627, § 40, effective July 1. L. 87: (1) amended, p. 914, § 31, effective June 15. L. 91: (3) amended, p. 691, § 71, effective April 20. L. 93: (1) and (3)(b) amended, p. 2057, § 4, effective July 1. L. 98: (3)(b) amended, p. 404, § 1, effective July 1. L. 2003: (3)(b) amended, p. 731, § 3, effective March 20; (2) amended, p. 1698, § 1, effective May 14. L. 2008: (3)(b)(I) amended, p. 1791, § 1, effective July 1. L. 2018: (3)(b)(I) amended, (HB 18-1270), ch. 360, p. 2153, § 3, effective August 8. L. 2019: (3)(b) amended, (SB 19-236), ch. 359, p. 3290, § 1, effective May 30. L. 2022: (1) amended, (SB 22-162), ch. 469, p. 3398, § 141, effective August 10. L. 2026: (1)(c), (1)(d), and (2.5) added and (2) and (3)(b)(I) amended, (HB 26-1326), ch. 210, pp. 1212, 1214, §§ 1, 4, effective August 12.

Editor's note: Section 50(2) of chapter 210 (HB 26-1326), Session Laws of Colorado 2026, provides that the act changing this section applies to conduct occurring on or after August 12, 2026.

Cross references: (1) For salaries of commissioners, see § 24-9-102; for the powers and duties of the public utilities commission in regard to motor vehicle carriers, see article 10.1 of this title.

(2) For the short title ("Energy Storage Procurement Act") in HB 18-1270, see section 1 of chapter 360, Session Laws of Colorado 2018. For the short title (the "Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act") in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.

ANNOTATION

Law reviews. For article, "Trying to Get the P.U.C. to Let You Run a Truck", see 7 Dicta 4 (1930). For article, "May Regulated Utilities Monopolize the Sun?", see 56 Den. L.J. 31 (1979).

Powers wholly statutory. The public utilities commission (PUC) derives its authority wholly from constitutional and statutory provisions and possesses only such powers as are thereby conferred. Snell v. Pub. Utils. Comm'n, 108 Colo. 162, 114 P.2d 563 (1941).

The commission has exclusive regulatory powers over all public utilities. Denver & S. Pac. Ry. v. City of Englewood, 62 Colo. 229, 161 P. 151 (1916); Highland Utils. Co. v. Pub. Utils. Comm'n, 97 Colo. 1, 46 P.2d 80 (1935).

Commission determines whether or not public utility shall continue service to public. The power to ascertain and determine whether or not a public utility should or should not continue service to the public is possessed solely by the PUC, subject to review by the courts of the action of the commission. Highland Utils. Co. v. Pub. Utils. Comm'n, 97 Colo. 1, 46 P.2d 80 (1935).

Public utility acting as such thereby agrees to regulation. When a public utility or body assumes to act as such it thereby in legal effect agrees to have its business regulated by public authority. Pirie v. Pub. Utils. Comm'n, 72 Colo. 65, 209 P. 640 (1922); Highland Utils. Co. v. Pub. Utils. Comm'n, 97 Colo. 1, 46 P.2d 80 (1935).

No authority to impose monetary fines. The constitutional and statutory provisions which have created the commission and defined its powers do not authorize it to impose monetary fines. Haney v. Pub. Utils. Comm'n, 194 Colo. 481, 574 P.2d 863 (1978).