First Regular Session Seventy-fifth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction 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 3rd Reading Unamended March 17, 2025 HOUSE Amended 2nd Reading March 14, 2025 HOUSE SPONSORSHIP Ricks and Joseph, Bacon, Bird, Boesenecker, English, Jackson, Lindsay, Rutinel, Story 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 and5 electricity, are vital to daily life. Safeguarding vulnerable populations,6 such as families with low incomes, seniors, and individuals with7 disabilities, is a priority. These groups are at heightened risk of8 exploitation, including unfair billing, discrimination, and utility9 disconnections. The state must ensure that all residents can access these10 essential services without fear of undue harm.11 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 16 (2) Therefore, the general assembly finds and declares that17 promoting consumer protection, safeguarding personal data, and18 expanding support for low-income households are fundamental to the19 well-being of all Coloradans.20 21 SECTION 2. In Colorado Revised Statutes, 26-1-109, add (10)22 as follows:23 26-1-109. Cooperation with federal government - grants-in-aid24 - low income home energy assistance program - applications.25 (10) Low-income home energy assistance program. (a) THE STATE26 DEPARTMENT SHALL NOT REQUIRE AN APPLICANT TO PROVIDE THEIR27 1234 -3- CITIZENSHIP OR IMMIGRATION STATUS ON ANY APPLICATION FOR1 ASSISTANCE PAYMENTS, UNLESS THE INFORMATION IS REQUIRED AS A2 CONDITION OF ELIGIBILITY FOR THE ASSISTANCE PAYMENTS .3 (b) THE STATE DEPARTMENT SHALL NOT SHARE INFORMATION4 RELATED TO THE CITIZENSHIP OR IMMIGRATION STATUS OF AN APPLICANT5 FOR OR RECIPIENT OF ASSISTANCE PAYMENTS WITH ANY FEDERAL LAW6 ENFORCEMENT AGENCY, UNLESS DISCLOSURE OF THE INFORMATION IS7 REQUIRED BY LAW OR COURT ORDER .8 (c) IF THE STATE DEPARTMENT DENIES AN INDIVIDUAL 'S9 APPLICATION FOR ASSISTANCE PAYMENTS DUE TO INSUFFICIENT OR10 INCOMPLETE DOCUMENTATION , THE STATE DEPARTMENT SHALL :11 (I) PROVIDE NOTICE TO THE APPLICANT WITHIN SEVEN CALENDAR12 DAYS THAT THEIR APPLICATION HAS BEEN DENIED DUE TO INSUFFICIENT OR13 INCOMPLETE DOCUMENTATION ; AND14 (II) INCLUDE, AS PART OF THE NOTICE PROVIDED PURSUANT TO15 SUBSECTION (10)(c)(I) OF THIS SECTION, A DEADLINE BY WHICH THE16 APPLICANT MAY CORRECT OR COMPLETE THEIR APPLICATION , WHICH17 DEADLINE MUST BE NO LESS THAN SIXTY DAYS AFTER THE DATE THE18 APPLICANT WAS SENT THE NOTICE, BUT NO LATER THAN JUNE 15 OF THE19 CALENDAR YEAR IN WHICH THE INDIVIDUAL SUBMITTED THEIR20 APPLICATION TO THE STATE DEPARTMENT .21 (d) (I) WHEN THE STATE DEPARTMENT DENIES AN INDIVIDUAL'S22 APPLICATION FOR ASSISTANCE PAYMENTS DUE TO INSUFFICIENT OR23 INCOMPLETE DOCUMENTATION, THE STATE DEPARTMENT SHALL NOTIFY24 THE INVESTOR-OWNED PUBLIC UTILITY OF WHICH THE INDIVIDUAL IS A25 CUSTOMER THAT THE INDIVIDUAL 'S APPLICATION IS PENDING REVIEW.26 (II) WHEN AN INVESTOR-OWNED PUBLIC UTILITY RECEIVES THE27 1234 -4- NOTICE FROM THE STATE DEPARTMENT PURSUANT TO SUBSECTION1 (10)(d)(I) OF THIS SECTION, THE INVESTOR-OWNED PUBLIC UTILITY SHALL2 PLACE A DISCONNECTION HOLD ON THE UTILITY SERVICE PROVIDED TO THE3 CUSTOMER, WHICH DISCONNECTION HOLD MUST BE IN EFFECT FOR NO LESS4 THAN SIXTY DAYS OR UNTIL THE INVESTOR-OWNED PUBLIC UTILITY5 RECEIVES NOTICE THAT THE CUSTOMER'S APPLICATION FOR ASSISTANCE6 PAYMENTS HAS BEEN APPROVED .7 (e) AS USED IN THIS SECTION, UNLESS CONTEXT OTHERWISE8 REQUIRES, "INVESTOR-OWNED PUBLIC UTILITY" MEANS A RETAIL ELECTRIC9 UTILITY OR RETAIL GAS UTILITY OPERATING IN THE STATE AND REGULATED10 BY THE PUBLIC UTILITIES COMMISSION, CREATED IN SECTION 40-2-101,11 AND DOES NOT INCLUDE A COOPERATIVE ELECTRIC ASSOCIATION OR12 MUNICIPALLY OWNED UTILITY. 13 SECTION 3. Safety clause. The general assembly finds,14 determines, and declares that this act is necessary for the immediate15 preservation of the public peace, health, or safety or for appropriations for16 the support and maintenance of the departments of the state and state17 institutions.18 1234 -5-