A Bill for an Act
Page 1, Line 101Concerning consumer protection for utility customers.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
The bill enacts various consumer protection measures to protect electric and gas utility customers in Colorado.
Section 1 of the bill requires an electric or gas public utility (utility) to protect the personal data of its customers. The utility is prohibited from disclosing, selling, or reselling a customer's personal data to:
- A state or federal government entity, unless the disclosure is necessary for participation in a state or federal assistance program; or
- A third party.
- During periods of extreme heat or cold, including during the months of October through May;
- If the air quality index measures over 100; and
- During a period in which a residential customer has a medical emergency, as evidenced by a medical certificate from a licensed physician or health-care provider, and requiring the utility to postpone the disconnection of service for up to 180 days.
Under current law, utilities regulated by the public utilities commission (commission) are prohibited from disconnecting a customer's utility service for nonpayment under certain circumstances. Sections 2 through 4 add the following circumstances in which disconnection of utility service for nonpayment is prohibited:
The bill also applies the prohibitions regarding disconnection of a utility customer's service due to nonpayment to electric and gas municipal utilities and cooperative electric associations that have not exempted themselves from regulation by the commission.
Section 5 requires a utility to use money collected from the energy assistance system benefit charge for direct bill payment assistance year-round, including for customers participating in the low-income energy assistance program when assistance through that program is unavailable.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. Legislative declaration. (1) The general assembly finds and declares that:
Page 2, Line 4(a) Ensuring access to affordable energy assistance is vital for the
Page 2, Line 5well-being of Colorado households with low-income. Many residents,
Page 2, Line 6especially those facing financial hardship, rely on assistance programs
Page 2, Line 7like the Low-income Energy Assistance Program (LEAP) to help cover
Page 2, Line 8essential utility costs. It is crucial that these programs are accessible to all eligible individuals to promote fairness and equity.
Page 2, Line 9(b) Protecting the privacy of individuals applying for or receiving
Page 3, Line 1energy assistance is essential. The disclosure of personal information,
Page 3, Line 2including citizenship or immigration status, to federal law enforcement
Page 3, Line 3agencies can deter vulnerable populations from seeking assistance.
Page 3, Line 4Safeguarding personal information is necessary to ensure that individuals
Page 3, Line 5feel secure in applying for energy assistance without fear of discrimination or unintended consequences.
Page 3, Line 6(c) In order to ensure that applicants are not unduly harmed by
Page 3, Line 7delays or denials of assistance, it is important to provide sufficient time
Page 3, Line 8for individuals to address any application deficiencies. Setting clear
Page 3, Line 9deadlines for submitting required documentation and fixing any
Page 3, Line 10application deficiencies will help applicants navigate the process of applying for assistance without unnecessary barriers.
Page 3, Line 11(d) Furthermore, utility service disconnections should be paused
Page 3, Line 12during the application process for energy assistance while an individual's
Page 3, Line 13application is pending or in review. This measure is crucial to prevent
Page 3, Line 14utility shutoffs for applicants who may be eligible for assistance but are awaiting a final determination on their application.
Page 3, Line 15(2) Therefore, the general assembly finds and declares that
Page 3, Line 16protecting the rights and privacy of applicants for low-income energy
Page 3, Line 17assistance, promoting equitable access to that assistance, and ensuring
Page 3, Line 18protections against utility disconnections during the application process are fundamental to the well-being of all Coloradans.
Page 3, Line 20 SECTION 2. In Colorado Revised Statutes, 26-1-109, add (10) as follows:
Page 3, Line 2126-1-109. Cooperation with federal government - grants-in-aid
Page 3, Line 22- low income home energy assistance program - applications.
Page 4, Line 1(10) Low-income home energy assistance program. (a) The state
Page 4, Line 2department shall not require an applicant to provide their
Page 4, Line 3citizenship or immigration status on any application for
Page 4, Line 4assistance payments, unless the information is required as a condition of eligibility for the assistance payments.
Page 4, Line 5(b) The state department shall not share information
Page 4, Line 6related to the citizenship or immigration status of an applicant
Page 4, Line 7for or recipient of assistance payments with any federal law
Page 4, Line 8enforcement agency, unless disclosure of the information is required by law or court order.
Page 4, Line 9(c) If the state department denies an individual's
Page 4, Line 10application for assistance payments due to insufficient or incomplete documentation, the state department shall:
Page 4, Line 11(I) Provide notice to the applicant within seven calendar
Page 4, Line 12days that their application has been denied due to insufficient or incomplete documentation; and
Page 4, Line 13(II) Include, as part of the notice provided pursuant to
Page 4, Line 14subsection (10)(c)(I) of this section, a deadline by which the
Page 4, Line 15applicant may correct or complete their application, which
Page 4, Line 16deadline must be no less than sixty days after the date the
Page 4, Line 17applicant was sent the notice, but no later than June 15 of the
Page 4, Line 18calendar year in which the individual submitted their application to the state department.
Page 4, Line 19(d) (I) When the state department denies an individual's
Page 4, Line 20application for assistance payments due to insufficient or
Page 4, Line 21incomplete documentation, the state department shall notify
Page 4, Line 22the investor-owned public utility of which the individual is a customer that the individual's application is pending review.
Page 5, Line 1(II) When an investor-owned public utility receives the
Page 5, Line 2notice from the state department pursuant to subsection
Page 5, Line 3(10)(d)(I) of this section, the investor-owned public utility shall
Page 5, Line 4place a disconnection hold on the utility service provided to the
Page 5, Line 5customer, which disconnection hold must be in effect for no
Page 5, Line 6more than sixty days or for less than sixty days if the
Page 5, Line 7investor-owned public utility receives notice during the
Page 5, Line 8sixty-day hold that the customer's application for assistance has been approved or denied.
Page 5, Line 9(e) As used in this section, unless context otherwise
Page 5, Line 10requires, "investor-owned public utility" means a retail electric
Page 5, Line 11utility or retail gas utility operating in the state and regulated
Page 5, Line 12by the public utilities commission, created in section 40-2-101,
Page 5, Line 13and does not include a cooperative electric association or municipally owned utility.
Page 5, Line 14SECTION 3. Safety clause. The general assembly finds,
Page 5, Line 15determines, and declares that this act is necessary for the immediate
Page 5, Line 16preservation of the public peace, health, or safety or for appropriations for
Page 5, Line 17the support and maintenance of the departments of the state and state institutions.