Section 40-2-136 - Energy storage systems - terms and conditions for installation, interconnection, and use by cooperatives - legislative declaration - definitions(1)(a) The general assembly finds and determines that: (I) Cardinal principles of cooperative electric associations include democratic member control, autonomy, and independence; and(II) Rapidly evolving technologies in generation, energy storage, and demand management offer cooperative electric associations a variety of options to meet the needs of their members reliably.(b) Therefore, the general assembly declares that:(I) It is in the public interest to limit barriers to the installation, interconnection, and use of energy storage systems by cooperative electric associations in Colorado; and(II) Cooperative electric associations in Colorado should be able to install, interconnect, and use energy storage systems that are connected to the cooperative electric association's electrical system and will not, at any time, flow onto the transmission facilities of a wholesale electric cooperative or other third party without prior agreement as part of meeting their members' needs for reliable, affordable energy without unfair or discriminatory rates or fees.(2) A wholesale electric cooperative shall not subject the installation, interconnection, or use of an energy storage system by a retail cooperative electric association to any unjust, unreasonable, discriminatory, or preferential charge, classification, contract, fare, fee, practice, rate, regulation, rule, schedule, service, or toll.(3) As used in this section, unless the context otherwise requires:(a) "Cooperative electric association" means a nonprofit electric corporation or association other than a wholesale electric cooperative.(b) "Energy storage system" has the meaning set forth in section 40-2-202(2).(c) "Wholesale electric cooperative" means any generation and transmission cooperative electric association that provides wholesale electric service directly to cooperative electric associations.Added by 2020 Ch. 94,§ 3, eff. 3/27/2020.L. 2020: Entire section added, (HB 20-1225), ch. 372, p. 372, § 3, effective March 27. For the legislative declaration in HB 20-1225, see section 1 of chapter 94, Session Laws of Colorado 2020.