Current through 11/5/2024 election
Section 40-3.2-104.4 - Colorado energy office gas investment asset depreciation study - third-party evaluation - commission rules(1)(a) On or before July 1, 2024, the Colorado energy office created in section 24-38.5-101 (1) shall contract with an independent third party to evaluate the risk of stranded or underutilized natural gas infrastructure investments and the annual projected rate impact on ratepayers.(b) The evaluation must take into account: (I) Any projected decline in gas sales;(II) The decline in the number of gas customers; and(III) Measures to achieve the greenhouse gas emission reduction goals set forth in section 25-7-102 (2)(g).(c) The independent third party shall conduct an analysis of, and include policy recommendations related to, the potential impacts of stranded or underutilized natural gas infrastructure on utility employees who work for, or contract workers who perform work for, investor-owned gas utilities. In conducting the study, the independent third party shall consult with appropriate labor organizations that represent utility employees who work for, and contract workers who perform work for, investor-owned gas utilities and other relevant stakeholders.(2) After the independent third-party evaluation described in subsection (1) of this section is completed, the Colorado energy office shall submit a written copy of the findings and conclusions of the evaluation to the commission. The commission shall review the evaluation and consider whether any changes to rules or depreciation schedules are warranted.(3)(a) An investor-owned gas utility shall provide as part of any gas infrastructure plan, or as otherwise directed by the commission, a map showing system-wide locations, ages, and materials or types of gas distribution system pipes, consistent with 49 CFR 191 and section 40-2-115 (1)(d).(b) As part of the filing, the investor-owned gas utility shall also provide information about pipes that may need to be upgraded or replaced within ten years after the date that the utility files the plan, unless otherwise directed by the commission.(c) The commission shall ensure that the content of the map provided to the commission and sharing procedures are in compliance with the parameters related to critical infrastructure reporting standards of the California Institute for Energy and Environment, or its successor organization, and the safety and system integrity standards of the American Petroleum Institute, or its successor organization.(d)(I) An investor-owned gas utility may designate any map or associated information provided pursuant to this subsection (3) as containing critical infrastructure information. If the commission determines that the designated map or associated information does not contain critical infrastructure information, the investor-owned gas utility may appeal the commission's determination in a court of competent jurisdiction by filing the appeal within ten days after the commission's determination.(II) If the commission determines that the disclosure of the designated map or associated information may expose or create vulnerability to critical infrastructure facilities or systems, the commission: (A) Shall limit access to the designated map or associated information to individuals at state agencies that are parties to the proceeding in which the map or associated information was provided; and(B) Except as provided in subsection (3)(d)(II)(A) of this section, shall not provide the designated map or associated information to any persons and may order the investor-owned gas utility to provide a public redacted version of the map or associated information that includes a general description of the information without detailed location information.(III) A custodian, as defined in section 24-72-202 (1.1), shall not release a map or associated information for which the commission has limited access pursuant to subsection (3)(d)(II) of this section in response to any request to inspect public records pursuant to the "Colorado Open Records Act", part 2 of article 72 of title 24.Added by 2023 Ch. 163,§ 5, eff. 8/7/2023.2023 Ch. 163, was passed without a safety clause. See Colo. Const. art. V, § 1(3).