§ 40-42-101. Short Title
The short title of this article 42 is the “Colorado Electric Transmission Authority Act”. Source: L. 2021: Entire article added, (SB 21-072), ch. 329, p. 2114, § 4, effective June 24.
§ 40-42-102. Definitions
As used in this article 42, unless the context otherwise requires: “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. “Authority” means the Colorado electric […]
§ 40-41-103. Financing Orders – Application Requirements
An electric utility, in its sole discretion, may apply to the commission for a financing order as authorized by this section. An investor-owned or other regulated electric utility may file an application for approval to issue CO-EI bonds in one or more series, impose, charge, and collect CO-EI charges, and create CO-EI property related to: […]
§ 40-42-103. Authority – Creation – Board – Open Meetings and Open Records
The Colorado electric transmission authority is hereby created as an independent public body politic and corporate. The authority is a public instrumentality, and its exercise of the powers as authorized by this article 42 is the performance of an essential public function. The authority is a political subdivision of the state, is not an agency […]
§ 40-41-104. Issuance of Financing Orders
Following notice and hearing on an application for a financing order as required by the commission’s rules, practice, and procedure, the commission may issue a financing order if the commission finds that: The CO-EI costs described in the application related to the retirement of the electric generating facilities are reasonable; The proposed issuance of CO-EI […]
§ 40-42-104. General and Specific Powers and Duties of the Authority
Except as otherwise limited by this article 42, the authority, acting through the board, has the power to: Hold and exercise all rights, duties, privileges, immunities, liabilities, and disabilities of a body corporate and a political subdivision of the state; Have an official seal and alter the seal at the board’s pleasure; Establish reasonable administrative […]
§ 40-41-105. Effect of Financing Order
A financing order remains in effect until the CO-EI bonds issued as authorized by the financing order have been paid in full and all financing costs relating to the CO-EI bonds have been paid in full. A financing order remains in effect and unabated notwithstanding the bankruptcy, reorganization, or insolvency of the electric utility to […]
§ 40-42-105. Electric Transmission Bonds – Conditions of Issuance – Electric Transmission Bonding Fund Creation – Auditor Examination – Payment From Bonding Fund – Exemption From Taxation
The authority may issue and sell electric transmission bonds, payable solely from the electric transmission bonding fund, in compliance with this article 42 for the purpose of entering into a project when the authority determines that the project is needed. This article 42 is, without reference to any other law, full authority for the issuance […]
§ 40-41-106. Effect on Commission Jurisdiction – Rules
Except as otherwise provided in subsection (2) of this section, if the commission issues a financing order to an electric utility, the commission shall not, in exercising its powers and carrying out its duties pursuant to this article 41: Consider the CO-EI bonds issued pursuant to the financing order to be debt of the electric […]
§ 40-42-106. Electric Transmission Authority Operational Fund – Creation
The electric transmission authority operational fund is created in the authority. The operational fund consists of money transferred to the operational fund pursuant to section 40-42-105 (4), any other money that the authority may transfer to the operational fund, and interest and income derived from the deposit and investment of money in the operational fund. […]