46 | 42 | | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. |
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47 | 43 | | Capital letters or bold & italic numbers indicate new material to be added to existing law. |
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48 | 44 | | Dashes through the words or numbers indicate deletions from existing law. program; or |
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49 | 45 | | ! A third party. |
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50 | 46 | | Under current law, utilities regulated by the public utilities |
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51 | 47 | | commission (commission) are prohibited from disconnecting a customer's |
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52 | 48 | | utility service for nonpayment under certain circumstances. Sections 2 |
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53 | 49 | | through 4 add the following circumstances in which disconnection of |
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54 | 50 | | utility service for nonpayment is prohibited: |
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55 | 51 | | ! During periods of extreme heat or cold, including during |
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56 | 52 | | the months of October through May; |
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57 | 53 | | ! If the air quality index measures over 100; and |
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58 | 54 | | ! During a period in which a residential customer has a |
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59 | 55 | | medical emergency, as evidenced by a medical certificate |
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60 | 56 | | from a licensed physician or health-care provider, and |
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61 | 57 | | requiring the utility to postpone the disconnection of |
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62 | 58 | | service for up to 180 days. |
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63 | 59 | | The bill also applies the prohibitions regarding disconnection of a utility |
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64 | 60 | | customer's service due to nonpayment to electric and gas municipal |
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65 | 61 | | utilities and cooperative electric associations that have not exempted |
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66 | 62 | | themselves from regulation by the commission. |
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67 | 63 | | Section 5 requires a utility to use money collected from the energy |
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68 | 64 | | assistance system benefit charge for direct bill payment assistance |
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69 | 65 | | year-round, including for customers participating in the low-income |
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70 | 66 | | energy assistance program when assistance through that program is |
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71 | 67 | | unavailable. |
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72 | 68 | | Be it enacted by the General Assembly of the State of Colorado:1 |
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73 | 69 | | SECTION 1. Legislative declaration. (1) The general assembly2 |
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74 | 70 | | finds and declares that:3 |
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75 | 71 | | |
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76 | 72 | | 4 |
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77 | 73 | | (a) Ensuring access to affordable energy assistance is vital for the5 |
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78 | 74 | | well-being of Colorado households with low-income. Many residents,6 |
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79 | 75 | | especially those facing financial hardship, rely on assistance programs7 |
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80 | 76 | | like the Low-income Energy Assistance Program (LEAP) to help cover8 |
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81 | 77 | | essential utility costs. It is crucial that these programs are accessible to all9 |
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82 | 78 | | eligible individuals to promote fairness and equity.10 |
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83 | 79 | | (b) Protecting the privacy of individuals applying for or receiving11 |
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84 | 80 | | 1234-2- energy assistance is essential. The disclosure of personal information,1 |
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85 | 81 | | including citizenship or immigration status, to federal law enforcement2 |
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86 | 82 | | agencies can deter vulnerable populations from seeking assistance.3 |
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87 | 83 | | Safeguarding personal information is necessary to ensure that individuals4 |
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88 | 84 | | feel secure in applying for energy assistance without fear of5 |
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89 | 85 | | discrimination or unintended consequences.6 |
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90 | 86 | | (c) In order to ensure that applicants are not unduly harmed by7 |
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91 | 87 | | delays or denials of assistance, it is important to provide sufficient time8 |
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92 | 88 | | for individuals to address any application deficiencies. Setting clear9 |
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93 | 89 | | deadlines for submitting required documentation and fixing any10 |
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94 | 90 | | application deficiencies will help applicants navigate the process of11 |
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95 | 91 | | applying for assistance without unnecessary barriers.12 |
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96 | 92 | | (d) Furthermore, utility service disconnections should be paused13 |
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97 | 93 | | during the application process for energy assistance while an individual's14 |
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98 | 94 | | application is pending or in review. This measure is crucial to prevent15 |
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99 | 95 | | utility shutoffs for applicants who may be eligible for assistance but are16 |
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100 | 96 | | awaiting a final determination on their application.17 |
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101 | 97 | | (2) Therefore, the general assembly finds and declares that18 |
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102 | 98 | | protecting the rights and privacy of applicants for low-income energy19 |
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103 | 99 | | assistance, promoting equitable access to that assistance, and ensuring20 |
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104 | 100 | | protections against utility disconnections during the application process21 |
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105 | 101 | | are fundamental to the well-being of all Coloradans.22 |
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106 | 102 | | 23 |
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107 | 103 | | SECTION 2. In Colorado Revised Statutes, 26-1-109, add (10)24 |
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108 | 104 | | as follows:25 |
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109 | 105 | | 26-1-109. Cooperation with federal government - grants-in-aid26 |
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110 | 106 | | - low income home energy assistance program - applications.27 |
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111 | 107 | | 1234 |
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112 | 108 | | -3- (10) Low-income home energy assistance program. (a) THE STATE1 |
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113 | 109 | | DEPARTMENT SHALL NOT REQUIRE AN APPLICANT TO PROVIDE THEIR2 |
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114 | 110 | | CITIZENSHIP OR IMMIGRATION STATUS ON ANY APPLICATION FOR3 |
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115 | 111 | | ASSISTANCE PAYMENTS, UNLESS THE INFORMATION IS REQUIRED AS A4 |
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116 | 112 | | CONDITION OF ELIGIBILITY FOR THE ASSISTANCE PAYMENTS .5 |
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117 | 113 | | (b) THE STATE DEPARTMENT SHALL NOT SHARE INFORMATION6 |
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118 | 114 | | RELATED TO THE CITIZENSHIP OR IMMIGRATION STATUS OF AN APPLICANT7 |
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119 | 115 | | FOR OR RECIPIENT OF ASSISTANCE PAYMENTS WITH ANY FEDERAL LAW8 |
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120 | 116 | | ENFORCEMENT AGENCY, UNLESS DISCLOSURE OF THE INFORMATION IS9 |
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121 | 117 | | REQUIRED BY LAW OR COURT ORDER .10 |
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122 | 118 | | (c) IF THE STATE DEPARTMENT DENIES AN INDIVIDUAL 'S11 |
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123 | 119 | | APPLICATION FOR ASSISTANCE PAYMENTS DUE TO INSUFFICIENT OR12 |
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124 | 120 | | INCOMPLETE DOCUMENTATION , THE STATE DEPARTMENT SHALL :13 |
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125 | 121 | | (I) PROVIDE NOTICE TO THE APPLICANT WITHIN SEVEN CALENDAR14 |
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126 | 122 | | DAYS THAT THEIR APPLICATION HAS BEEN DENIED DUE TO INSUFFICIENT OR15 |
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127 | 123 | | INCOMPLETE DOCUMENTATION ; AND16 |
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128 | 124 | | (II) INCLUDE, AS PART OF THE NOTICE PROVIDED PURSUANT TO17 |
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129 | 125 | | SUBSECTION (10)(c)(I) OF THIS SECTION, A DEADLINE BY WHICH THE18 |
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130 | 126 | | APPLICANT MAY CORRECT OR COMPLETE THEIR APPLICATION, WHICH19 |
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131 | 127 | | DEADLINE MUST BE NO LESS THAN SIXTY DAYS AFTER THE DATE THE20 |
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132 | 128 | | APPLICANT WAS SENT THE NOTICE, BUT NO LATER THAN JUNE 15 OF THE21 |
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133 | 129 | | CALENDAR YEAR IN WHICH THE INDIVIDUAL SUBMITTED THEIR22 |
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134 | 130 | | APPLICATION TO THE STATE DEPARTMENT .23 |
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135 | 131 | | (d) (I) WHEN THE STATE DEPARTMENT DENIES AN INDIVIDUAL'S24 |
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136 | 132 | | APPLICATION FOR ASSISTANCE PAYMENTS DUE TO INSUFFICIENT OR25 |
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137 | 133 | | INCOMPLETE DOCUMENTATION, THE STATE DEPARTMENT SHALL NOTIFY26 |
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138 | 134 | | THE INVESTOR-OWNED PUBLIC UTILITY OF WHICH THE INDIVIDUAL IS A27 |
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139 | 135 | | 1234 |
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140 | 136 | | -4- CUSTOMER THAT THE INDIVIDUAL 'S APPLICATION IS PENDING REVIEW.1 |
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141 | 137 | | (II) WHEN AN INVESTOR-OWNED PUBLIC UTILITY RECEIVES THE2 |
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142 | 138 | | NOTICE FROM THE STATE DEPARTMENT PURSUANT TO SUBSECTION3 |
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143 | 139 | | (10)(d)(I) OF THIS SECTION, THE INVESTOR-OWNED PUBLIC UTILITY SHALL4 |
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144 | 140 | | PLACE A DISCONNECTION HOLD ON THE UTILITY SERVICE PROVIDED TO THE5 |
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145 | 141 | | CUSTOMER, WHICH DISCONNECTION HOLD MUST BE IN EFFECT FOR NO6 |
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146 | 142 | | MORE THAN SIXTY DAYS OR FOR LESS THAN SIXTY DAYS IF THE7 |
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147 | 143 | | INVESTOR-OWNED PUBLIC UTILITY RECEIVES NOTICE DURING THE8 |
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148 | 144 | | SIXTY-DAY HOLD THAT THE CUSTOMER 'S APPLICATION FOR ASSISTANCE9 |
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149 | 145 | | HAS BEEN APPROVED OR DENIED .10 |
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150 | 146 | | (e) AS USED IN THIS SECTION, UNLESS CONTEXT OTHERWISE11 |
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151 | 147 | | REQUIRES, "INVESTOR-OWNED PUBLIC UTILITY" MEANS A RETAIL ELECTRIC12 |
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152 | 148 | | UTILITY OR RETAIL GAS UTILITY OPERATING IN THE STATE AND REGULATED13 |
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153 | 149 | | BY THE PUBLIC UTILITIES COMMISSION, CREATED IN SECTION 40-2-101,14 |
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154 | 150 | | AND DOES NOT INCLUDE A COOPERATIVE ELECTRIC ASSOCIATION OR15 |
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155 | 151 | | MUNICIPALLY OWNED UTILITY. 16 |
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156 | 152 | | SECTION 3. Safety clause. The general assembly finds,17 |
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157 | 153 | | determines, and declares that this act is necessary for the immediate18 |
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158 | 154 | | preservation of the public peace, health, or safety or for appropriations for19 |
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159 | 155 | | the support and maintenance of the departments of the state and state20 |
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160 | 156 | | institutions.21 |
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161 | 157 | | 1234 |
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162 | 158 | | -5- |
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