First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0337.02 Christopher McMichael x4775
HOUSE BILL 25-1234
House Committees Senate Committees
Energy & Environment
A BILL FOR AN ACT
C
ONCERNING CONSUMER PROTEC TION FOR UTILITY CUSTOMERS .101
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
HOUSE SPONSORSHIP
Ricks and Joseph,
SENATE SPONSORSHIP
Winter F.,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. program; or
! A third party.
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:
! 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.
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.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) Consumer protection for utility customers is essential to the4
well-being of all Coloradans. Utility services, including water, electricity,5
and gas, are vital to daily life. Safeguarding vulnerable populations, such6
as families with low incomes, seniors, and individuals with disabilities,7
is a priority. These groups are at heightened risk of exploitation, including8
unfair billing, discrimination, and utility disconnections. The state must9
ensure that all residents can access these essential services without fear10
of undue harm.11
HB25-1234-2- (b) In an era of advanced technology, the safeguarding of personal1
data, particularly related to utility usage, is necessary. The sharing of2
customer data with third parties, especially for purposes of surveillance3
or deportation, is a threat to privacy and safety. It is important that4
personal information collected by a public utility is not disclosed, sold, or5
resold to other governmental entities or third parties. The protection of6
data from these potentially harmful practices is essential to the privacy7
and security of residents, particularly those in immigrant and other8
vulnerable communities.9
(c) Utility disconnections during extreme weather or medical10
emergencies present significant risks to public health and safety. The loss11
of essential services, such as electricity, gas, or water, during extreme12
heat, cold, or medical crises, can lead to serious harm, especially for13
vulnerable individuals. Prohibiting the disconnection of utility service14
during these conditions protects the health and safety of all residents.15
(d) Many families with low incomes struggle to pay utility bills,16
especially during extreme weather. By extending the months when utility17
bill payment assistance is available to eligible individuals, the state can18
provide essential support to those in need, helping to ensure that no one19
is forced to choose between their health and keeping essential services20
connected.21
(2) Therefore, the general assembly finds and declares that22
promoting consumer protection, safeguarding personal data, ensuring the23
uninterrupted provision of essential services, and expanding support for24
low-income households are fundamental to the well-being of all25
Coloradans.26
SECTION 2. In Colorado Revised Statutes, add 40-2-140 as27
HB25-1234
-3- follows:1
40-2-140. Protection of customer data - electric and gas public2
utilities - privacy act - rules - definitions. (1) (a) A
N ELECTRIC OR GAS3
PUBLIC UTILITY SHALL PROTECT THE PERSONAL DATA OF ITS CUSTOMERS ,4
INCLUDING BY PROHIBITING THE DISCLOSURE , SALE, OR RESALE OF5
PERSONAL DATA TO:6
(I) A
STATE, FEDERAL, OR LOCAL GOVERNMENT ENTITY , UNLESS7
DISCLOSURE OF INFORMATION IS NECESSARY IN ACCORDANCE WITH8
SUBSECTION (1)(b) OF THIS SECTION; OR9
(II) A
THIRD PARTY WITHOUT THE CONSENT OF THE CUSTOMER .10
(b) A
N ELECTRIC OR GAS PUBLIC UTILITY THAT PARTICIPATES IN A11
STATE OR FEDERAL ASSISTANCE PROGRAM SHALL NOT SHARE ANY MORE12
OF A CUSTOMER'S PERSONAL DATA THAN IS NECESSARY TO IMPLEMENT THE13
STATE OR FEDERAL ASSISTANCE PROGRAM .14
(c) A
S USED IN THIS SUBSECTION (1), UNLESS THE CONTEXT15
OTHERWISE REQUIRES:16
(I) "C
ONSENT" HAS THE MEANING SET FORTH IN SECTION 6-1-130317
(5).18
(II) "P
ERSONAL DATA" HAS THE MEANING SET FORTH IN SECTION19
6-1-1303
(17).20
(III) "T
HIRD PARTY" HAS THE MEANING SET FORTH IN SECTION21
6-1-1303
(26).22
(2) T
HE COMMISSION MAY ADOPT ANY RULES NECESSARY TO23
ENSURE THAT A REGULATED ELECTRIC OR GAS PUBLIC UTILITY COMPLIES24
WITH SUBSECTION (1) OF THIS SECTION.25
SECTION 3. In Colorado Revised Statutes, 31-15-707, add (2)26
as follows:27
HB25-1234
-4- 31-15-707. Municipal utilities - disconnection due to1
nonpayment - definitions. (2) (a) T
HE GOVERNING BODY OF A2
MUNICIPALITY THAT PROVIDES UTILITY SERVICE TO RESIDENTS OF THE3
MUNICIPALITY SHALL ADOPT AN ORDINANCE OR REGULATION THAT4
PROHIBITS THE DISCONNECTION OF SERVICE PROVIDED BY THE MUNICIPAL5
UTILITY DURING THE FOLLOWING CIRCUMSTANCES :6
(I) D
URING AN EMERGENCY OR SAFETY EVENT OR CIRCUMSTANCE7
THAT IS OCCURRING WITHIN THE JURISDICTIONAL BOUNDARIES OF THE8
MUNICIPALITY;9
(II) D
URING PERIODS OF EXTREME HEAT OR COLD IN THE10
JURISDICTIONAL BOUNDARIES OF THE MUNICIPALITY , INCLUDING AT A11
MINIMUM A PROHIBITION ON THE DISCONNECTION OF SERVICE BETWEEN12
THE MONTHS OF OCTOBER AND MAY;13
(III) I
F THE AIR QUALITY INDEX MEASURES OVER ONE HUNDRED IN14
THE JURISDICTIONAL BOUNDARIES OF THE MUNICIPALITY , AS REPORTED BY15
THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT CREATED IN16
SECTION 25-1-102; AND17
(IV) (A) I
F A RESIDENTIAL CUSTOMER , OR A MEMBER OF THE18
CUSTOMER'S HOUSEHOLD, HAS A MEDICAL EMERGENCY, AS EVIDENCED BY19
A MEDICAL CERTIFICATE FROM A LICENSED PHYSICIAN OR HEALTH -CARE20
PROVIDER.21
(B) T
HE ORDINANCE OR REGULATION SHALL REQUIRE THAT THE22
MUNICIPAL UTILITY POSTPONE THE DISCONNECTION OF A RESIDENTIAL23
CUSTOMER'S UTILITY SERVICE DUE TO A MEDICAL EMERGENCY PURSUANT24
TO THIS SUBSECTION (2)(a)(IV) FOR UP TO ONE HUNDRED EIGHTY DAYS .25
(b) A
S USED IN THIS SUBSECTION (2), UNLESS THE CONTEXT26
OTHERWISE REQUIRES , "EMERGENCY OR SAFETY EVENT OR27
HB25-1234
-5- CIRCUMSTANCE" HAS THE MEANING SET FORTH IN SECTION 40-3-103.61
(3)(b).2
SECTION 4. In Colorado Revised Statutes, 40-3-103.6, amend3
(1)(g), (1)(h), and (3)(b)(II); and add (1)(j) and (1)(k) as follows:4
40-3-103.6. Disconnection due to nonpayment - connection and5
reconnection fees - deposits - standard practices - rules - definitions.6
(1) The commission shall commence a rule-making proceeding to adopt7
standard practices for gas and electric utilities to use when disconnecting8
service due to nonpayment. The rules must address the following9
subjects:10
(g) Prohibitions on the disconnection of service during periods of11
extreme heat or cold, as appropriate to the geographic area served,12
INCLUDING AT A MINIMUM A PROHIBITION ON THE DISCONNECTION OF13
SERVICE BETWEEN THE MONTHS OF OCTOBER AND MAY;14
(h) A prohibition on the remote disconnection of service for15
nonpayment, through advanced metering infrastructure or otherwise,16
without a reasonable attempt to make contact with the customer of record17
by telephone or engaging in a personal, physical visit to the premises; and
18
(j) A
PROHIBITION ON THE DISCONNECTION OF SERVICE IF THE AIR19
QUALITY INDEX MEASURES OVER ONE HUNDRED IN THE GEOGRAPHIC AREA20
SERVED, AS REPORTED BY THE DEPARTMENT OF PUBLIC HEALTH AND21
ENVIRONMENT CREATED IN SECTION 25-1-102; AND22
(k) P
OSTPONING THE DISCONNECTION OF SERVICE FOR UP TO ONE23
HUNDRED EIGHTY DAYS IF A RESIDENTIAL CUSTOMER , OR A MEMBER OF24
THE CUSTOMER'S HOUSEHOLD, HAS A MEDICAL EMERGENCY , AS25
EVIDENCED BY A MEDICAL CERTIFICATE FROM A LICENSED PHYSICIAN OR26
HEALTH-CARE PROVIDER.27
HB25-1234
-6- (3) As used in this section, unless the context otherwise requires:1
(b) (II) "Emergency or safety event or circumstance" includes:2
(A) A severe weather event that one or more reputable weather3
forecasting sources forecasts to occur in the following twenty-four hours4
and that is more likely than not to result in dangerous travel or on-site5
outdoor or indoor work conditions for individuals in the path of the6
weather event;
OR7
(B) A
FIRE OR WILDFIRE THAT CAUSES RESIDENTS OF THE8
GEOGRAPHIC AREA SERVED TO BE UNDER AN EVACUATION WARNING OR9
EVACUATION ORDER OR A FIRE OR WILDFIRE THAT WOULD RESULT IN10
DANGEROUS TRAVEL OR WORKING C ONDITIONS FOR INDIVIDUALS IN CLOSE11
PROXIMITY TO THE FIRE OR WILDFIRE.12
SECTION 5. In Colorado Revised Statutes, 40-9.5-106, add (4)13
as follows:14
40-9.5-106. Prohibited acts - disconnection due to15
nonpayment. (4) Disconnection due to nonpayment. T
HE BOARD OF16
DIRECTORS OF A COOPERATIVE ELECTRIC ASSOCIATION SHALL ADOPT17
RULES OR REGULATIONS THAT PROHIBIT THE DISCONNECTION OF SERVICE18
TO A CUSTOMER OR MEMBER OF THE COOPERATIVE ELECTRIC19
ASSOCIATION:20
(a) D
URING AN EMERGENCY OR SAFETY EVENT OR CIRCUMSTANCE ,21
AS DEFINED IN SECTION 40-3-103.6 (3)(b);22
(b) D
URING PERIODS OF EXTREME HEAT OR COLD , INCLUDING AT23
A MINIMUM A PROHIBITION ON THE DISCONNECTION OF SERVICE BETWEEN24
THE MONTHS OF OCTOBER AND MAY;25
(c) I
F THE AIR QUALITY INDEX MEASURES OVER ONE HUNDRED IN26
THE GEOGRAPHIC AREA SERVED , AS REPORTED BY THE DEPARTMENT OF27
HB25-1234
-7- PUBLIC HEALTH AND ENVIRONMENT CREATED IN SECTION 25-1-102; AND1
(d) (I) I
F A RESIDENTIAL CUSTOMER , OR A MEMBER OF THE2
CUSTOMER'S HOUSEHOLD, HAS A MEDICAL EMERGENCY, AS EVIDENCED BY3
A MEDICAL CERTIFICATE FROM A LICENSED PHYSICIAN OR HEALTH -CARE4
PROVIDER.5
(II) A
COOPERATIVE ELECTRIC ASSOCIATION SHALL POSTPONE THE6
DISCONNECTION OF A RESIDENTIAL CUSTOMER 'S UTILITY SERVICE DUE TO7
A MEDICAL EMERGENCY PURSUANT TO THIS SUBSECTION (4)(d) FOR UP TO8
ONE HUNDRED EIGHTY DAYS .9
SECTION 6. In Colorado Revised Statutes, 40-8.7-105.5, amend10
(2) as follows:11
40-8.7-105.5. Energy assistance system benefit charge - repeal.12
(2) (a) Each investor-owned utility shall use the most cost-effective13
method for implementing the program.14
(b) E
ACH INVESTOR-OWNED UTILITY SHALL ENSURE THAT THE15
MONEY COLLECTED FROM THE ENERGY ASSISTANCE SYSTEM BENEFIT16
CHARGE IS USED FOR DIRECT BILL PAYMENT ASSISTANCE YEAR -ROUND,17
INCLUDING FOR CUSTOMERS PARTICIPATING IN THE LOW -INCOME ENERGY18
ASSISTANCE PROGRAM WHEN ASSI STANCE THROUGH THAT PROGRAM IS19
UNAVAILABLE.20
SECTION 7. In Colorado Revised Statutes, 40-8.7-107, amend21
(1.5)(b) as follows:22
40-8.7-107. Disposition of contributions and charges.23
(1.5) (b) Except as provided in section 40-8.7-108 (2)(b), the24
organization shall use the money collected from each investor-owned25
utility pursuant to section 40-8.7-104 (2.5) to help finance
YEAR-ROUND26
direct utility bill payment assistance and energy retrofits provided to27
HB25-1234
-8- low-income households within that investor-owned utility's service1
territory or within the service territory of an affiliated investor-owned2
utility.3
SECTION 8. Safety clause. The general assembly finds,4
determines, and declares that this act is necessary for the immediate5
preservation of the public peace, health, or safety or for appropriations for6
the support and maintenance of the departments of the state and state7
institutions.8
HB25-1234
-9-