Colorado Revised Statutes

Colo. Rev. Stat. § 40-2-101 (2026)

Creation - appointment - term - subject to termination - repeal of part

✓ current as of July 2026

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(1) (a) A public utilities commission is created in the department of regulatory agencies, which is known as the public utilities commission of the state of Colorado. The public utilities commission is a type 1 entity, as defined in section 24-1-105.

(b) The public utilities commission consists of three members appointed by the governor with the consent of the senate. Persons holding office on July 1, 1993, shall continue to serve in such office, but the term of one of these persons shall expire on the Monday preceding the second Tuesday of January, 1995, of another, the Monday preceding the second Tuesday of January, 1996, and of the third, the Monday preceding the second Tuesday of January, 1997, all as the governor shall designate; except that such designation shall not result in the extension of the term of any member to more than four years' duration. Thereafter, appointments shall be made for terms of four years.

(2) No more than two members of the public utilities commission shall be affiliated with the same political party, and any appointment to fill a vacancy shall be for the unexpired term. Each commissioner shall be a qualified elector of this state. The governor shall designate one member of the commission as chair of the commission. The commissioners shall devote their entire time to the duties of their office to the exclusion of any other employment and shall receive such compensation as is designated by law. A majority of the commission shall constitute a quorum for the transaction of its business.

(3) (a) The provisions of section 24-34-104, C.R.S., concerning the termination schedule for regulatory bodies of the state unless extended as provided in that section, are applicable to the public utilities commission created by this section.

(b) (I) This part 1 is repealed, effective September 1, 2026.

(II) Before the repeal, the public utilities commission is scheduled for review in accordance with section 24-34-104. Source: L. 13: p. 465, § 4. C.L. § 2915. CSA: C. 137, § 5. CRS 53: § 115-2-1. C.R.S. 1963: § 115-2-1. L. 69: p. 928, § 2. L. 76: (3) added, p. 627, § 40, effective July 1. L. 87: (1) amended, p. 914, § 31, effective June 15. L. 91: (3) amended, p. 691, § 71, effective April 20. L. 93: (1) and (3)(b) amended, p. 2057, § 4, effective July 1. L. 98: (3)(b) amended, p. 404, § 1, effective July 1. L. 2003: (3)(b) amended, p. 731, § 3, effective March 20; (2) amended, p. 1698, § 1, effective May 14. L. 2008: (3)(b)(I) amended, p. 1791, § 1, effective July 1. L. 2018:

(3)(b)(I) amended, (HB 18-1270), ch. 360, p. 2153, § 3, effective August 8. L. 2019: (3)(b) amended, (SB 19-236), ch. 359, p. 3290, § 1, effective May 30. L. 2022: (1) amended, (SB 22- 162), ch. 469, p. 3398, § 141, effective August 10.

Cross references: (1) For salaries of commissioners, see § 24-9-102; for the powers and duties of the public utilities commission in regard to motor vehicle carriers, see article 10.1 of this title.

(2) For the short title ("Energy Storage Procurement Act") in HB 18-1270, see section 1 of chapter 360, Session Laws of Colorado 2018. For the short title (the "Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act") in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1974–2025 · leading case: People v. Stellabotte, 2018 CO 66 (Colo. 2018).

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People v. Stellabotte, 2018 CO 66 (Colo. 2018). · cites it 2× “121, § 40-2-101, 1972 Colo. Sess. Laws 414 , 414–15.”

People v. Lehnert, 163 P.3d 1111 (Colo. 2007). “1, § 40-2-101(1), 1971 Colo. Sess. Laws 414 , 414-15; People v.”

People v. Thomas, 525 P.2d 1136 (Colo. 1974). · cites it 4× “The basis of appellant's motion for relief was that section 40-2-101(4) and 40-4-203 of the Colorado Criminal Code, which became effective July 1, 1972, reclassified attempted second-degree burglary as a class five felony and under section 40-1-105 of the code the penalty was…”

People v. Hernandez, 686 P.2d 1325 (Colo. 1984). · cites it 2× “Nothing in this part 1 shall abrogate or affect the punishment by death in any and all crimes punishable by death on or after July 1, 1972. 3 . The defendant’s six prior felony convictions are: (1) robbery, § 18-4-301, C.”

Haney v. Pub. Utils. Comm'n, 574 P.2d 863 (Colo. 1978). · cites it 3× “Revocation of a carrier’s certificate or permit is by no means required in all cases involving violations, nor is it the sole sanction available. The relevant statutes, sections 40-10-112 and 40-11-110, C.”

Ramirez v. People, 682 P.2d 1181 (Colo. 1984). “1, § 40-2-101(1), 1971 Colo.Sess. Laws 388, 414.”

Reeves v. Queen City Transp., Inc., 10 F. Supp. 2d 1181 (D. Colo. 1998). · cites it 2× “XXV; C.R.S. §§ 40-2-101 et seq.; 4 Colo.Code Regs.”

East West Resort Transp., LLC v. Sopkin, 371 F. Supp. 2d 1253 (D. Colo. 2005). · cites it 4× “Background Defendant, the Public Utilities Commission of the State of Colorado, is an agency of the State of Colorado, established by the Colorado Legislature pursuant to C.R.S. § 40-2-101. The Commission has exclusive authority to regulate public utilities, including…”

Yellow Cab Coop. Ass'n v. Pub. Utils. Comm'n, 869 P.2d 545 (Colo. 1994). “§ 40-2-101, 17 C.R.S. (1993). 4 . Yellow Cab's petition for certiorari was filed on February 13, 1992, prior to amendments to § 40-6-115(1), adopted by the General Assembly effective July 1, 1992, and July 1, 1993, respectively.”

East West Resort Transp., LLC v. Binz, 494 F. Supp. 2d 1197 (D. Colo. 2007). “§ 40-2-101. The Commission has exclusive authority to regulate common carriers, as set forth in Col.”

Peo v. Stokes (Colo. Ct. App. 2025). “1, § 40-2-101, 1971 Colo. Sess. Laws 414 ; § 18-2-101(1), C.”

— Colo. Rev. Stat. § 40-2-101(1) — 3 cases

People v. Lehnert, 163 P.3d 1111 (Colo. 2007). “1, § 40-2-101(1), 1971 Colo. Sess. Laws 414 , 414-15; People v.”

Ramirez v. People, 682 P.2d 1181 (Colo. 1984). “1, § 40-2-101(1), 1971 Colo.Sess. Laws 388, 414.”

East West Resort Transp., LLC v. Sopkin, 371 F. Supp. 2d 1253 (D. Colo. 2005). “Background Defendant, the Public Utilities Commission of the State of Colorado, is an agency of the State of Colorado, established by the Colorado Legislature pursuant to C.R.S. § 40-2-101. The Commission has exclusive authority to regulate public utilities, including…”

— Colo. Rev. Stat. § 40-2-101(4) — 1 case

People v. Thomas, 525 P.2d 1136 (Colo. 1974). “The basis of appellant's motion for relief was that section 40-2-101(4) and 40-4-203 of the Colorado Criminal Code, which became effective July 1, 1972, reclassified attempted second-degree burglary as a class five felony and under section 40-1-105 of the code the penalty was…”

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