Colorado 2025 2025 Regular Session

Colorado House Bill HB1234 Amended / Bill

Filed 04/04/2025

                    First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 25-0337.02 Christopher McMichael x4775
HOUSE BILL 25-1234
House Committees Senate Committees
Energy & Environment Transportation & Energy
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
SENATE
3rd Reading Unamended
April 4, 2025
SENATE
Amended 2nd Reading
March 31, 2025
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. and Wallace, Cutter, Danielson, Jodeh, Kipp, Kolker, Michaelson Jenet,
Weissman
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
     
4
(a)  Ensuring access to affordable energy assistance is vital for the5
well-being of Colorado households with low-income. Many residents,6
especially those facing financial hardship, rely on assistance programs7
like the Low-income Energy Assistance Program (LEAP) to help cover8
essential utility costs. It is crucial that these programs are accessible to all9
eligible individuals to promote fairness and equity.10
(b)  Protecting the privacy of individuals applying for or receiving11
1234-2- energy assistance is essential. The disclosure of personal information,1
including citizenship or immigration status, to federal law enforcement2
agencies can deter vulnerable populations from seeking assistance.3
Safeguarding personal information is necessary to ensure that individuals4
feel secure in applying for energy assistance without fear of5
discrimination or unintended consequences.6
(c)  In order to ensure that applicants are not unduly harmed by7
delays or denials of assistance, it is important to provide sufficient time8
for individuals to address any application deficiencies. Setting clear9
deadlines for submitting required documentation and fixing any10
application deficiencies will help applicants navigate the process of11
applying for assistance without unnecessary barriers.12
(d)  Furthermore, utility service disconnections should be paused13
during the application process for energy assistance while an individual's14
application is pending or in review. This measure is crucial to prevent15
utility shutoffs for applicants who may be eligible for assistance but are16
awaiting a final determination on their application.17
(2)  Therefore, the general assembly finds and declares that18
protecting the rights and privacy of applicants for low-income energy19
assistance, promoting equitable access to that assistance, and ensuring20
protections against utility disconnections during the application process21
are fundamental to the well-being of all Coloradans.22
          23
 SECTION 2. In Colorado Revised Statutes, 26-1-109, add (10)24
as follows:25
26-1-109.  Cooperation with federal government - grants-in-aid26
- low income home energy assistance program - applications.27
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-3- (10) Low-income home energy assistance program. (a) THE STATE1
DEPARTMENT SHALL NOT REQUIRE AN APPLICANT TO PROVIDE THEIR2
CITIZENSHIP OR IMMIGRATION STATUS ON ANY APPLICATION FOR3
ASSISTANCE PAYMENTS, UNLESS THE INFORMATION IS REQUIRED AS A4
CONDITION OF ELIGIBILITY FOR THE ASSISTANCE PAYMENTS .5
(b) THE STATE DEPARTMENT SHALL NOT SHARE INFORMATION6
RELATED TO THE CITIZENSHIP OR IMMIGRATION STATUS OF AN APPLICANT7
FOR OR RECIPIENT OF ASSISTANCE PAYMENTS WITH ANY FEDERAL LAW8
ENFORCEMENT AGENCY, UNLESS DISCLOSURE OF THE INFORMATION IS9
REQUIRED BY LAW OR COURT ORDER .10
(c)  IF THE STATE DEPARTMENT DENIES AN INDIVIDUAL 'S11
APPLICATION FOR ASSISTANCE PAYMENTS DUE TO INSUFFICIENT OR12
INCOMPLETE DOCUMENTATION , THE STATE DEPARTMENT SHALL :13
(I) PROVIDE NOTICE TO THE APPLICANT WITHIN SEVEN CALENDAR14
DAYS THAT THEIR APPLICATION HAS BEEN DENIED DUE TO INSUFFICIENT OR15
INCOMPLETE DOCUMENTATION ; AND16
(II) INCLUDE, AS PART OF THE NOTICE PROVIDED PURSUANT TO17
SUBSECTION (10)(c)(I) OF THIS SECTION, A DEADLINE BY WHICH THE18
APPLICANT MAY CORRECT OR COMPLETE THEIR APPLICATION, WHICH19
DEADLINE MUST BE NO LESS THAN SIXTY DAYS AFTER THE DATE THE20
APPLICANT WAS SENT THE NOTICE, BUT NO LATER THAN JUNE 15 OF THE21
CALENDAR YEAR IN WHICH THE INDIVIDUAL SUBMITTED THEIR22
APPLICATION TO THE STATE DEPARTMENT .23
(d) (I) WHEN THE STATE DEPARTMENT DENIES AN INDIVIDUAL'S24
APPLICATION FOR ASSISTANCE PAYMENTS DUE TO INSUFFICIENT OR25
INCOMPLETE DOCUMENTATION, THE STATE DEPARTMENT SHALL NOTIFY26
THE INVESTOR-OWNED PUBLIC UTILITY OF WHICH THE INDIVIDUAL IS A27
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-4- CUSTOMER THAT THE INDIVIDUAL 'S APPLICATION IS PENDING REVIEW.1
(II) WHEN AN INVESTOR-OWNED PUBLIC UTILITY RECEIVES THE2
NOTICE FROM THE STATE DEPARTMENT PURSUANT TO SUBSECTION3
(10)(d)(I) OF THIS SECTION, THE INVESTOR-OWNED PUBLIC UTILITY SHALL4
PLACE A DISCONNECTION HOLD ON THE UTILITY SERVICE PROVIDED TO THE5
CUSTOMER, WHICH DISCONNECTION HOLD MUST BE IN EFFECT FOR NO6
MORE THAN SIXTY DAYS OR FOR LESS THAN SIXTY DAYS IF THE7
INVESTOR-OWNED PUBLIC UTILITY RECEIVES NOTICE DURING THE8
SIXTY-DAY HOLD THAT THE CUSTOMER 'S APPLICATION FOR ASSISTANCE9
HAS BEEN APPROVED OR DENIED .10
(e) AS USED IN THIS SECTION, UNLESS CONTEXT OTHERWISE11
REQUIRES, "INVESTOR-OWNED PUBLIC UTILITY" MEANS A RETAIL ELECTRIC12
UTILITY OR RETAIL GAS UTILITY OPERATING IN THE STATE AND REGULATED13
BY THE PUBLIC UTILITIES COMMISSION, CREATED IN SECTION 40-2-101,14
AND DOES NOT INCLUDE A COOPERATIVE ELECTRIC ASSOCIATION OR15
MUNICIPALLY OWNED UTILITY.     16
SECTION 3. Safety clause. The general assembly finds,17
determines, and declares that this act is necessary for the immediate18
preservation of the public peace, health, or safety or for appropriations for19
the support and maintenance of the departments of the state and state20
institutions.21
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