Colorado § 40-6.5-105 - Intervenor compensation - procedures - rules - legislative declaration - definitions.

§ 40-6.5-105. Intervenor compensation - procedures - rules - legislative declaration - definitions.

(1) The general assembly finds and declares that:

(a) Intervenor participation in commission proceedings often requires legal, technical, and expert resources;

(b) The general assembly has previously authorized intervenor compensation, but the statute lacks sufficient clarity regarding eligibility, standards, and procedures for intervenor compensation, which lack of clarity has resulted in the authority going unused;

(c) Other jurisdictions, including California, have successfully implemented intervenor compensation programs that improve decision-making and public participation; and

(d) Clarifying Colorado law regarding intervenor compensation will promote meaningful participation, improve the evidentiary record, and support equitable access to commission proceedings.

(2) As used in this section, unless the context otherwise requires:

(a) "Expert witness fees" means recorded or billed costs that an intervenor incurs for an expert witness.

(b) "Intervenor" means a party, other than a public utility or state or local government agency, whose motion for permission to intervene has been granted by the commission.

(c) "Material assistance" means that an intervenor's testimony or participation in a commission proceeding has:

(I) Contributed to the development of a more complete administrative record in the proceeding;

(II) Assisted the commission in its evaluation of the issues presented in the proceeding; or

(III) Contributed to a more complete record or understanding of impacts on ratepayers, income-qualified customers, or disproportionately impacted communities.

(d) "Reasonable costs" includes:

(I) Attorney fees;

(II) Expert witness fees; and

(III) Other reasonable out-of-pocket expenses that an intervenor directly incurs.

(e) "Substantial contribution" means that, in the commission's judgment, an intervenor, through their participation in a commission proceeding, has provided material assistance to the commission in the development of the administrative record by providing any of the following:

(I) Factual contentions;

(II) Legal contentions; or

(III) Policy or procedural recommendations.

(3) (a) The commission may award an intervenor compensation related to the intervenor's participation in a proceeding if:

(I) The intervenor makes a unique substantial contribution; and

(II) The intervenor's costs incurred to participate in the proceeding are reasonable.

(b) An intervenor that makes a substantial contribution may receive compensation for all reasonable costs related to the substantial contribution, even if the commission does not expressly cite or reference the intervenor in the commission's final order or decision on the matter.

(c) An intervenor is not required to demonstrate that the intervenor's participation in a proceeding addressed issues that were not addressed by the office of the utility consumer advocate.

(4) (a) The commission may adopt rules to implement this section.

(b) If the commission adopts rules pursuant to subsection (4)(a) of this section, the rules must include:

(I) The process by which an intervenor petitions the commission for payment of reasonable costs;

(II) Guidelines for determining reasonable costs for reimbursement; and

(III) Guidelines for determining material assistance.

(5) The implementation of this section, including any award of intervenor compensation, is subject to available appropriations.

Source: L. 84: Entire article added, p. 1045, § 1, effective July 1. L. 96: (2) amended, p. 1228, § 43, effective August 7. L. 2021: IP(1) and (1)(a) amended, (SB 21-103), ch. 477, p. 3411, § 7, effective September 1. L. 2026: Entire section R&RE, (HB 26-1326), ch. 210, p. 1220, § 15, effective August 12.

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