Colorado § 40-42-102 - Definitions.

§ 40-42-102. Definitions.

As used in this article 42, unless the context otherwise requires:

(1) "Acquire" means to obtain eligible facilities by lease, construction, reconstruction, purchase, or, as authorized by section 40-42-104 (1)(p) and subject to the requirements of articles 1 to 7 of title 38, the exercise of the power of eminent domain.

(1.3) "Advanced conductor" means a conductor technology used in an electric transmission system that, when compared to an aluminum conductor steel reinforced conductor of the same diameter, plus or minus one percent:

(a) Has a direct current electrical resistance, measured at a standard reference temperature of twenty degrees Celsius consistent with industry practice, that is at least fifteen percent lower or meets higher performance standards recognized by the commission to account for evolving technologies or transmission system needs; and

(b) Increases the potential energy carrying capacity by at least sixty percent or meets higher performance standards recognized by the commission to account for evolving technologies or transmission system needs.

(1.5) "Advanced transmission technologies" means hardware or software technologies that increase the capacity, efficiency, reliability, or resiliency of an existing or new transmission facility, including:

(a) Advanced conductors; and

(b) Grid-enhancing technologies.

(2) "Authority" means the Colorado electric transmission authority created in section 40-42-103.

(3) "Board" means the board of directors of the authority.

(4) "Bonds" means electric transmission bonds issued as authorized by this article 42 and includes notes, warrants, bonds, temporary bonds, and anticipation notes issued by the authority.

(5) "Commission" means the public utilities commission created in section 40-2-101.

(6) "Electric transmission authority operational fund" or "operational fund" means the fund created in section 40-42-106.

(7) "Electric transmission bonding fund" or "bonding fund" means the fund created in section 40-42-105 (3).

(8) "Electric utility" means an entity operating for the purpose of supplying or transmitting electricity to the public for domestic, mechanical, or public uses and includes a municipally owned utility, a transmission utility, as defined in section 40-5-108 (1)(b), a cooperative electric association, a wholesale electric cooperative, as defined in section 40-2-136 (3)(c), a nonprofit electric corporation or association, and every other vertically integrated supplier of electric energy supplying electric energy for its customers or for the use of its own members.

(9) "Eligible facilities" means facilities that are financed or acquired by the authority.

(10) "Facilities" means electric transmission facilities and all related structures, properties, and supporting infrastructure, including any interests therein. The term does not include interconnection facilities from an electric generator, or from a storage project that is used for electric generation, to a facility.

(11) "FERC" means the federal energy regulatory commission.

(12) "Finance" or "financing" means the lending of bond proceeds by the authority to a public utility or other private person for the purpose of planning, acquiring, operating, and maintaining eligible facilities in whole or in part by the public utility or other private person.

(12.5) "Grid-enhancing technology" means a hardware or software technology that reduces congestion or enhances the flexibility of electric transmission and distribution systems by increasing the capacity of a transmission or distribution line, or by rerouting electricity from overloaded lines to uncongested lines, while maintaining industry safety standards. "Grid-enhancing technology" includes:

(a) Dynamic line ratings;

(b) Advanced power flow controllers;

(c) Topology optimization;

(d) Energy storage, including any type of mobile or relocatable energy storage system, when used as a transmission or distribution resource; and

(e) Other technologies that increase grid reliability, flexibility, and capacity.

(13) "Local government" means a county, home rule or statutory city, town, territorial charter city, or city and county.

(13.5) "Powerline trail" has the meaning set forth in section 33-45-102 (5).

(14) "Project" means an undertaking by the authority to finance or to:

(a) Plan, acquire, maintain, and operate eligible facilities located partly or entirely within Colorado; or

(b) Renovate, rebuild, or recondition existing eligible facilities, that are located partly or entirely within Colorado and are approved through a local government's land-use application process, to upgrade and optimize the existing facilities.

(15) "Storage" has the same meaning as "energy storage system" as defined in section 40-2-202 (2).

Source: L. 2021: Entire article added, (SB 21-072), ch. 329, p. 2114, § 4, effective June 24. L. 2022: (13.5) added, (HB 22-1104), ch. 97, p. 466, § 6, effective April 13. L. 2023: (14) amended, (SB 23-016), ch. 165, p. 748, § 22, effective August 7. L. 2026: (1.3), (1.5), and (12.5) added, (HB 26-1081), ch. 209, p. 1205, § 3, effective August 12.

Cross references: (1) For the legislative declaration in HB 22-1104, see section 1 of chapter 97, Session Laws of Colorado 2022.

(2) For the short title ("Colorado Grid Optimization Act") and the legislative declaration in HB 26-1081, see sections 1 and 2 of chapter 209, Session Laws of Colorado 2026.