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 1234 -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 1234 -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 1234 -5-