C.R.S. § 40-2-108: Rules - legislative declaration - equity impacts proceedings - equity analyst - equity task force - creation.

(1) The commission shall promulgate such rules as are necessary for the proper administration and enforcement of this title and shall furnish, without charge, copies of the appropriate rules to each public utility under its jurisdiction and, upon request, to any public officer, agency, political subdivision, association of officers, agencies, or political subdivisions and to any representative of twenty-five or more consumers. The commission shall be governed by the provisions of article 4 of title 24, C.R.S., for the promulgation and adoption of rules; except that, notwithstanding any provision of the said article 4 of title 24, C.R.S., to the contrary, the commission shall issue a decision whenever it adopts rules in accordance with this section.

(2) Notwithstanding section 24-4-103 (6), C.R.S., any temporary or emergency rule adopted by the commission shall be effective until a permanent rule that replaces the temporary or emergency rule is effective but not for more than two hundred ten days after the date of adoption.

(3) (a) The general assembly finds, determines, and declares that:

(I) Certain communities, both in Colorado and internationally, have historically been forced to bear a disproportionate burden of adverse human health or environmental effects, as documented in numerous studies, including the "Toxic Wastes and Race at Twenty, 1987-2007" report by the United Church of Christ Justice & Witness Ministries; the federal environmental protection agency's annual environmental justice progress reports; and a 2021 report from the "Mapping for Environmental Justice" project at the Berkeley Public Policy/The Goldman School that shows how the pollution burden is distributed in Colorado, while also facing systemic exclusion from environmental decision-making processes and enjoying fewer environmental benefits; and

(II) The purpose of this subsection (3) is to ensure that the commission, in exercising its regulatory authority, will take account of and, where possible, help to correct these historical inequities and take reasonable actions to benefit Colorado communities and workers, including net benefits such as:

(A) High-quality jobs in Colorado that provide affordable health insurance and pay wages that support Colorado families;

(B) A workforce with the tools, opportunities, and economic assistance to successfully adapt during an energy transition, particularly within coal transition and environmental justice communities; and

(C) Decisions in which Coloradans share in the benefits of energy construction, maintenance, operation, generation, transmission, and procurement.

(b) The commission shall promulgate rules requiring that the commission, in all of its work including its review of all filings and its determination of all adjudications, consider how best to provide equity, minimize impacts, and prioritize benefits to disproportionately impacted communities and address historical inequalities.

(c) (I) In promulgating rules pursuant to this subsection (3), the commission shall identify disproportionately impacted communities. In identifying the communities, the commission shall consider minority, low-income, tribal, or indigenous populations in the state that experience disproportionate environmental harm and risks resulting from such factors as increased vulnerability to environmental degradation, lack of opportunity for public participation, or other factors. Increased vulnerability may be attributable to an accumulation of negative or a lack of positive environmental, health, economic, or social conditions within these populations.

(II) When making decisions relating to retail customer programs, the commission shall host informational meetings, workshops, and hearings that invite input from disproportionately impacted communities and shall ensure, to the extent reasonably possible, that such programs, including any associated incentives and other relevant investments, include floor expenditures, set aside as equity budgets, to ensure that low-income customers and disproportionately impacted communities will have at least proportionate access to the benefits of such programs, incentives, and investments.

(III) In adopting rules pursuant to this subsection (3), the commission shall identify equity impact proceedings that have the potential to impact the distribution of benefits and burdens to disproportionately impacted communities, workers, and income-qualified customers. The commission shall ensure that equity impact proceedings include procedurally and substantively appropriate requirements to promote equity.

(d) Repealed.

(e) The director of the commission shall hire and designate an employee with a primary purpose to oversee the ongoing implementation of this subsection (3), including working with the commission to adopt rules that:

(I) Minimize impacts on, and prioritize benefits to, disproportionately impacted communities;

(II) Implement equitable and inclusive practices; and

(III) Engage disproportionately impacted communities and just transition communities.

(f) (I) The commission shall establish an equity task force to provide input and recommendations to the commission regarding the implementation of this subsection (3), including:

(A) Identification of barriers to participation in commission proceedings;

(B) Community engagement practices;

(C) The impacts of commission decisions on disproportionately impacted communities and income-qualified customers;

(D) Equity impact proceedings; and

(E) Other matters that relate to equity, accessibility, and inclusive participation in commission proceedings.

(II) The director of the commission shall appoint members to the equity task force. To the extent practicable, the membership of the equity task force must include representatives of:

(A) Disproportionately impacted communities;

(B) Community-based organizations;

(C) Tribal communities;

(D) Income-qualified residential utility customers;

(E) Utility workers;

(F) Labor organizations; and

(G) Organizations with experience in environmental justice.

(III) Task force members serve without compensation and shall not receive reimbursement for expenses.

(IV) The employee described in subsection (3)(e) of this section shall staff the equity task force.

(V) The equity task force shall meet at least quarterly and may provide recommendations to the commission.

(VI) Beginning July 1, 2029, and every three years thereafter, the commission shall formally evaluate the purpose and frequency of equity task force meetings to determine the continued necessity and operational efficiency of the task force.