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 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 14(d) Many families with low incomes struggle to pay utility bills,
Page 3, Line 15especially during extreme weather. By extending the months when utility
Page 3, Line 16bill payment assistance is available to eligible individuals, the state can
Page 3, Line 17provide essential support to those in need, helping to ensure that no one
Page 3, Line 18is forced to choose between their health and keeping essential services connected.
Page 3, Line 19(2) Therefore, the general assembly finds and declares that
Page 3, Line 20promoting consumer protection, safeguarding personal data, ensuring the
Page 3, Line 21uninterrupted provision of essential services, and expanding support for
Page 3, Line 22low-income households are fundamental to the well-being of all Coloradans.
Page 3, Line 23SECTION 2. In Colorado Revised Statutes, add 40-2-140 as follows:
Page 4, Line 140-2-140. Protection of customer data - electric and gas public
Page 4, Line 2utilities - privacy act - rules - definitions. (1) (a) An electric or gas
Page 4, Line 3public utility shall protect the personal data of its customers,
Page 4, Line 4including by prohibiting the disclosure, sale, or resale of personal data to:
Page 4, Line 5(I) A state, federal, or local government entity, unless
Page 4, Line 6disclosure of information is necessary in accordance with subsection (1)(b) of this section; or
Page 4, Line 7(II) A third party without the consent of the customer.
Page 4, Line 8(b) An electric or gas public utility that participates in a
Page 4, Line 9state or federal assistance program shall not share any more
Page 4, Line 10of a customer's personal data than is necessary to implement the state or federal assistance program.
Page 4, Line 11(c) As used in this subsection (1), unless the context otherwise requires:
Page 4, Line 12(I) "Consent" has the meaning set forth in section 6-1-1303 (5).
Page 4, Line 13(II) "Personal data" has the meaning set forth in section 6-1-1303 (17).
Page 4, Line 14(III) "Third party" has the meaning set forth in section 6-1-1303 (26).
Page 4, Line 15(2) The commission may adopt any rules necessary to
Page 4, Line 16ensure that a regulated electric or gas public utility complies with subsection (1) of this section.
Page 4, Line 17SECTION 3. In Colorado Revised Statutes, 31-15-707, add (2)
Page 4, Line 18as follows:
Page 5, Line 131-15-707. Municipal utilities - disconnection due to
Page 5, Line 2nonpayment - definitions. (2) (a) The governing body of a
Page 5, Line 3municipality that provides utility service to residents of the
Page 5, Line 4municipality shall adopt an ordinance or regulation that
Page 5, Line 5prohibits the disconnection of service provided by the municipal utility during the following circumstances:
Page 5, Line 6(I) During an emergency or safety event or circumstance
Page 5, Line 7that is occurring within the jurisdictional boundaries of the municipality;
Page 5, Line 8(II) During periods of extreme heat or cold in the
Page 5, Line 9jurisdictional boundaries of the municipality, including at a
Page 5, Line 10minimum a prohibition on the disconnection of service between the months of October and May;
Page 5, Line 11(III) If the air quality index measures over one hundred in
Page 5, Line 12the jurisdictional boundaries of the municipality, as reported by
Page 5, Line 13the department of public health and environment created in section 25-1-102; and
Page 5, Line 14(IV) (A) If a residential customer, or a member of the
Page 5, Line 15customer's household, has a medical emergency, as evidenced by
Page 5, Line 16a medical certificate from a licensed physician or health-care provider.
Page 5, Line 17(B) The ordinance or regulation shall require that the
Page 5, Line 18municipal utility postpone the disconnection of a residential
Page 5, Line 19customer's utility service due to a medical emergency pursuant to this subsection (2)(a)(IV) for up to one hundred eighty days.
Page 5, Line 20(b) As used in this subsection (2), unless the context
Page 5, Line 21otherwise requires, "emergency or safety event or
Page 6, Line 1circumstance" has the meaning set forth in section 40-3-103.6(3)(b).
Page 6, Line 2SECTION 4. In Colorado Revised Statutes, 40-3-103.6, amend (1)(g), (1)(h), and (3)(b)(II); and add (1)(j) and (1)(k) as follows:
Page 6, Line 340-3-103.6. Disconnection due to nonpayment - connection and
Page 6, Line 4reconnection fees - deposits - standard practices - rules - definitions.
Page 6, Line 5(1) The commission shall commence a rule-making proceeding to adopt
Page 6, Line 6standard practices for gas and electric utilities to use when disconnecting
Page 6, Line 7service due to nonpayment. The rules must address the following subjects:
Page 6, Line 8(g) Prohibitions on the disconnection of service during periods of
Page 6, Line 9extreme heat or cold, as appropriate to the geographic area served,
Page 6, Line 10including at a minimum a prohibition on the disconnection of service between the months of October and May;
Page 6, Line 11(h) A prohibition on the remote disconnection of service for
Page 6, Line 12nonpayment, through advanced metering infrastructure or otherwise,
Page 6, Line 13without a reasonable attempt to make contact with the customer of record by telephone or engaging in a personal, physical visit to the premises;
andPage 6, Line 14(j) A prohibition on the disconnection of service if the air
Page 6, Line 15quality index measures over one hundred in the geographic area
Page 6, Line 16served, as reported by the department of public health and environment created in section 25-1-102; and
Page 6, Line 17(k) Postponing the disconnection of service for up to one
Page 6, Line 18hundred eighty days if a residential customer, or a member of
Page 6, Line 19the customer's household, has a medical emergency, as
Page 6, Line 20evidenced by a medical certificate from a licensed physician or
Page 6, Line 21health-care provider.
(3) As used in this section, unless the context otherwise requires:
Page 7, Line 1(b) (II) "Emergency or safety event or circumstance" includes:
Page 7, Line 2(A) A severe weather event that one or more reputable weather
Page 7, Line 3forecasting sources forecasts to occur in the following twenty-four hours
Page 7, Line 4and that is more likely than not to result in dangerous travel or on-site
Page 7, Line 5outdoor or indoor work conditions for individuals in the path of the weather event; or
Page 7, Line 6(B) A fire or wildfire that causes residents of the
Page 7, Line 7geographic area served to be under an evacuation warning or
Page 7, Line 8evacuation order or a fire or wildfire that would result in
Page 7, Line 9dangerous travel or working conditions for individuals in close proximity to the fire or wildfire.
Page 7, Line 10SECTION 5. In Colorado Revised Statutes, 40-9.5-106, add (4) as follows:
Page 7, Line 1140-9.5-106. Prohibited acts - disconnection due to
Page 7, Line 12nonpayment. (4) Disconnection due to nonpayment.The board of
Page 7, Line 13directors of a cooperative electric association shall adopt
Page 7, Line 14rules or regulations that prohibit the disconnection of service
Page 7, Line 15to a customer or member of the cooperative electric association:
Page 7, Line 16(a) During an emergency or safety event or circumstance, as defined in section 40-3-103.6 (3)(b);
Page 7, Line 17(b) During periods of extreme heat or cold, including at
Page 7, Line 18a minimum a prohibition on the disconnection of service between the months of October and May;
Page 7, Line 19(c) If the air quality index measures over one hundred in
Page 7, Line 20the geographic area served, as reported by the department of public health and environment created in section 25-1-102; and
Page 8, Line 1(d) (I) If a residential customer, or a member of the
Page 8, Line 2customer's household, has a medical emergency, as evidenced by
Page 8, Line 3a medical certificate from a licensed physician or health-care provider.
Page 8, Line 4(II) A cooperative electric association shall postpone the
Page 8, Line 5disconnection of a residential customer's utility service due to
Page 8, Line 6a medical emergency pursuant to this subsection (4)(d) for up to one hundred eighty days.
Page 8, Line 7SECTION 6. In Colorado Revised Statutes, 40-8.7-105.5, amend (2) as follows:
Page 8, Line 840-8.7-105.5. Energy assistance system benefit charge - repeal.
Page 8, Line 9(2) (a) Each investor-owned utility shall use the most cost-effective method for implementing the program.
Page 8, Line 10(b) Each investor-owned utility shall ensure that the
Page 8, Line 11money collected from the energy assistance system benefit
Page 8, Line 12charge is used for direct bill payment assistance year-round,
Page 8, Line 13including for customers participating in the low-income energy
Page 8, Line 14assistance program when assistance through that program is unavailable.
Page 8, Line 15SECTION 7. In Colorado Revised Statutes, 40-8.7-107, amend (1.5)(b) as follows:
Page 8, Line 1640-8.7-107. Disposition of contributions and charges.
Page 8, Line 17(1.5) (b) Except as provided in section 40-8.7-108 (2)(b), the
Page 8, Line 18organization shall use the money collected from each investor-owned
Page 8, Line 19utility pursuant to section 40-8.7-104 (2.5) to help finance year-round
Page 8, Line 20direct utility bill payment assistance and energy retrofits provided to
Page 9, Line 1low-income households within that investor-owned utility's service
Page 9, Line 2territory or within the service territory of an affiliated investor-owned utility.
Page 9, Line 3SECTION 8. Safety clause. The general assembly finds,
Page 9, Line 4determines, and declares that this act is necessary for the immediate
Page 9, Line 5preservation of the public peace, health, or safety or for appropriations for
Page 9, Line 6the support and maintenance of the departments of the state and state institutions.