Colorado § 40-2-142 - Requirements for commission review of portfolio consisting of supply-side resources - applicability - definition.

§ 40-2-142. Requirements for commission review of portfolio consisting of supply-side resources - applicability - definition.

(1) As used in this section, unless the context otherwise requires, "covered electric generating unit" has the meaning set forth in section 25-7-148 (1)(a).

(2) Any decision by the commission approving or modifying a portfolio in an electric resource plan or any related proceeding in which the commission evaluates the acquisition of supply-side resources for an investor-owned utility serving more than five hundred thousand customers must approve an amount of accredited capacity that enables the investor-owned utility to reliably:

(a) Implement the retirement dates or operational restrictions in effect at the time of the commission's decision regarding covered electric generating units; and

(b) Comply with any applicable state law requirements, including the requirements to reduce carbon dioxide emissions described in section 40-2-125.5.

(3) The commission shall determine in writing in the written decision approving or modifying the portfolio that the portfolio meets the accredited capacity requirements described in subsection (2) of this section.

(4) Nothing in this section shall be construed to alter the commission's authority or obligation, in statute or in rule as of June 4, 2026, to consider factors in the approval of a portfolio, including cost and rate impacts, if the portfolio the commission approves complies with the accredited capacity requirements described in subsection (2) of this section.

(5) This section applies to an investor-owned utility serving more than five hundred thousand customers until the division of administration in the department of public health and environment determines that the investor-owned utility has achieved the carbon dioxide emission reductions described in section 40-2-125.5 (4)(c) or until the investor-owned utility has retired each covered electric generating unit owned or operated by the investor-owned utility, whichever is later.

Source: L. 2026: Entire section added, (HB 26-1226), ch. 380, p. 2363, § 3, effective June 4.

Editor's note: Section 5 of chapter 380 (HB 26-1226), Session Laws of Colorado 2026, provides that the act adding this section applies to conduct occurring on or after June 4, 2026.

Cross references: For the legislative declaration in HB 26-1226, see section 1 of chapter 380, Session Laws of Colorado 2026.