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.
This Unofficial Version Includes Committee
Amendments Not Yet Adopted on Second Reading
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 3(a) Consumer protection for utility customers is essential to the
Page 2, Line 4well-being of all Coloradans. Utility services, including water, electricity,
Page 2, Line 5and gas, are vital to daily life. Safeguarding vulnerable populations, such
Page 2, Line 6as families with low incomes, seniors, and individuals with disabilities,
Page 2, Line 7is a priority. These groups are at heightened risk of exploitation, including
Page 2, Line 8unfair billing, discrimination, and utility disconnections. The state must
Page 2, Line 9ensure that all residents can access these essential services without fear
Page 2, Line 10of undue harm.
Page 3, Line 1(b) In an era of advanced technology, the safeguarding of personal
Page 3, Line 2data, particularly related to utility usage, is necessary. The sharing of
Page 3, Line 3customer data with third parties, especially for purposes of surveillance
Page 3, Line 4or deportation, is a threat to privacy and safety. It is important that
Page 3, Line 5personal information collected by a public utility is not disclosed, sold, or
Page 3, Line 6resold to other governmental entities or third parties. The protection of
Page 3, Line 7data from these potentially harmful practices is essential to the privacy
Page 3, Line 8and security of residents, particularly those in immigrant and other vulnerable communities.
Page 3, Line 9(c) Utility disconnections during extreme weather or medical
Page 3, Line 10emergencies present significant risks to public health and safety. The loss
Page 3, Line 11of essential services, such as electricity, gas, or water, during extreme
Page 3, Line 12heat, cold, or medical crises, can lead to serious harm, especially for
Page 3, Line 13vulnerable individuals. Prohibiting the disconnection of utility service during these conditions protects the health and safety of all residents.
Page 3, Line 15(2) Therefore, the general assembly finds and declares that
Page 3, Line 16promoting consumer protection, safeguarding personal data, and
Page 3, Line 17expanding support for low-income households are fundamental to the well-being of all Coloradans.
Page 3, Line 19 SECTION 2. In Colorado Revised Statutes, 26-1-109, add (10) as follows:
Page 3, Line 2026-1-109. Cooperation with federal government - grants-in-aid
Page 3, Line 21- low income home energy assistance program - applications.
Page 3, Line 22(10) Low-income home energy assistance program. (a) The state
Page 3, Line 23department shall not require an applicant to provide their
Page 4, Line 1citizenship or immigration status on any application for
Page 4, Line 2assistance payments, unless the information is required as a condition of eligibility for the assistance payments.
Page 4, Line 3(b) The state department shall not share information
Page 4, Line 4related to the citizenship or immigration status of an applicant
Page 4, Line 5for or recipient of assistance payments with any federal law
Page 4, Line 6enforcement agency, unless disclosure of the information is required by law or court order.
Page 4, Line 7(c) If the state department denies an individual's
Page 4, Line 8application for assistance payments due to insufficient or incomplete documentation, the state department shall:
Page 4, Line 9(I) Provide notice to the applicant within seven calendar
Page 4, Line 10days that their application has been denied due to insufficient or incomplete documentation; and
Page 4, Line 11(II) Include, as part of the notice provided pursuant to
Page 4, Line 12subsection (10)(c)(I) of this section, a deadline by which the
Page 4, Line 13applicant may correct or complete their application, which
Page 4, Line 14deadline must be no less than sixty days after the date the
Page 4, Line 15applicant was sent the notice, but no later than June 15 of the
Page 4, Line 16calendar year in which the individual submitted their application to the state department.
Page 4, Line 17(d) (I) When the state department denies an individual's
Page 4, Line 18application for assistance payments due to insufficient or
Page 4, Line 19incomplete documentation, the state department shall notify
Page 4, Line 20the investor-owned public utility of which the individual is a customer that the individual's application is pending review.
Page 4, Line 21(II) When an investor-owned public utility receives the
Page 5, Line 1notice from the state department pursuant to subsection
Page 5, Line 2(10)(d)(I) of this section, the investor-owned public utility shall
Page 5, Line 3place a disconnection hold on the utility service provided to the
Page 5, Line 4customer, which disconnection hold must be in effect for no less
Page 5, Line 5than sixty days or until the investor-owned public utility
Page 5, Line 6receives notice that the customer's application for assistance payments has been approved.
Page 5, Line 7(e) As used in this section, unless context otherwise
Page 5, Line 8requires, "investor-owned public utility" means a retail electric
Page 5, Line 9utility or retail gas utility operating in the state and regulated
Page 5, Line 10by the public utilities commission, created in section 40-2-101,
Page 5, Line 11and does not include a cooperative electric association or municipally owned utility.
Page 5, Line 12SECTION 3. Safety clause. The general assembly finds,
Page 5, Line 13determines, and declares that this act is necessary for the immediate
Page 5, Line 14preservation of the public peace, health, or safety or for appropriations for
Page 5, Line 15the support and maintenance of the departments of the state and state institutions.