Colorado 2025 Regular Session

Colorado House Bill HB1234 Compare Versions

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11 First Regular Session
22 Seventy-fifth General Assembly
33 STATE OF COLORADO
4-REREVISED
5-This Version Includes All Amendments
6-Adopted in the Second House
4+REVISED
5+This Version Includes All Amendments Adopted
6+on Second Reading in the Second House
77 LLS NO. 25-0337.02 Christopher McMichael x4775
88 HOUSE BILL 25-1234
99 House Committees Senate Committees
1010 Energy & Environment Transportation & Energy
1111 A BILL FOR AN ACT
1212 C
1313 ONCERNING CONSUMER PROTEC TION FOR UTILITY CUSTOMERS .101
1414 Bill Summary
1515 (Note: This summary applies to this bill as introduced and does
1616 not reflect any amendments that may be subsequently adopted. If this bill
1717 passes third reading in the house of introduction, a bill summary that
1818 applies to the reengrossed version of this bill will be available at
1919 http://leg.colorado.gov
2020 .)
2121 The bill enacts various consumer protection measures to protect
2222 electric and gas utility customers in Colorado.
2323 Section 1 of the bill requires an electric or gas public utility
2424 (utility) to protect the personal data of its customers. The utility is
2525 prohibited from disclosing, selling, or reselling a customer's personal data
2626 to:
2727 ! A state or federal government entity, unless the disclosure
2828 is necessary for participation in a state or federal assistance
2929 SENATE
30-3rd Reading Unamended
31-April 4, 2025
32-SENATE
3330 Amended 2nd Reading
3431 March 31, 2025
3532 HOUSE
3633 3rd Reading Unamended
3734 March 17, 2025
3835 HOUSE
3936 Amended 2nd Reading
4037 March 14, 2025
4138 HOUSE SPONSORSHIP
4239 Ricks and Joseph, Bacon, Bird, Boesenecker, English, Jackson, Lindsay, Rutinel, Story
4340 SENATE SPONSORSHIP
44-Winter F. and Wallace, Cutter, Danielson, Jodeh, Kipp, Kolker, Michaelson Jenet,
45-Weissman
41+Winter F.,
4642 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
4743 Capital letters or bold & italic numbers indicate new material to be added to existing law.
4844 Dashes through the words or numbers indicate deletions from existing law. program; or
4945 ! A third party.
5046 Under current law, utilities regulated by the public utilities
5147 commission (commission) are prohibited from disconnecting a customer's
5248 utility service for nonpayment under certain circumstances. Sections 2
5349 through 4 add the following circumstances in which disconnection of
5450 utility service for nonpayment is prohibited:
5551 ! During periods of extreme heat or cold, including during
5652 the months of October through May;
5753 ! If the air quality index measures over 100; and
5854 ! During a period in which a residential customer has a
5955 medical emergency, as evidenced by a medical certificate
6056 from a licensed physician or health-care provider, and
6157 requiring the utility to postpone the disconnection of
6258 service for up to 180 days.
6359 The bill also applies the prohibitions regarding disconnection of a utility
6460 customer's service due to nonpayment to electric and gas municipal
6561 utilities and cooperative electric associations that have not exempted
6662 themselves from regulation by the commission.
6763 Section 5 requires a utility to use money collected from the energy
6864 assistance system benefit charge for direct bill payment assistance
6965 year-round, including for customers participating in the low-income
7066 energy assistance program when assistance through that program is
7167 unavailable.
7268 Be it enacted by the General Assembly of the State of Colorado:1
7369 SECTION 1. Legislative declaration. (1) The general assembly2
7470 finds and declares that:3
7571
7672 4
7773 (a) Ensuring access to affordable energy assistance is vital for the5
7874 well-being of Colorado households with low-income. Many residents,6
7975 especially those facing financial hardship, rely on assistance programs7
8076 like the Low-income Energy Assistance Program (LEAP) to help cover8
8177 essential utility costs. It is crucial that these programs are accessible to all9
8278 eligible individuals to promote fairness and equity.10
8379 (b) Protecting the privacy of individuals applying for or receiving11
8480 1234-2- energy assistance is essential. The disclosure of personal information,1
8581 including citizenship or immigration status, to federal law enforcement2
8682 agencies can deter vulnerable populations from seeking assistance.3
8783 Safeguarding personal information is necessary to ensure that individuals4
8884 feel secure in applying for energy assistance without fear of5
8985 discrimination or unintended consequences.6
9086 (c) In order to ensure that applicants are not unduly harmed by7
9187 delays or denials of assistance, it is important to provide sufficient time8
9288 for individuals to address any application deficiencies. Setting clear9
9389 deadlines for submitting required documentation and fixing any10
9490 application deficiencies will help applicants navigate the process of11
9591 applying for assistance without unnecessary barriers.12
9692 (d) Furthermore, utility service disconnections should be paused13
9793 during the application process for energy assistance while an individual's14
9894 application is pending or in review. This measure is crucial to prevent15
9995 utility shutoffs for applicants who may be eligible for assistance but are16
10096 awaiting a final determination on their application.17
10197 (2) Therefore, the general assembly finds and declares that18
10298 protecting the rights and privacy of applicants for low-income energy19
10399 assistance, promoting equitable access to that assistance, and ensuring20
104100 protections against utility disconnections during the application process21
105101 are fundamental to the well-being of all Coloradans.22
106102 23
107103 SECTION 2. In Colorado Revised Statutes, 26-1-109, add (10)24
108104 as follows:25
109105 26-1-109. Cooperation with federal government - grants-in-aid26
110106 - low income home energy assistance program - applications.27
111107 1234
112108 -3- (10) Low-income home energy assistance program. (a) THE STATE1
113109 DEPARTMENT SHALL NOT REQUIRE AN APPLICANT TO PROVIDE THEIR2
114110 CITIZENSHIP OR IMMIGRATION STATUS ON ANY APPLICATION FOR3
115111 ASSISTANCE PAYMENTS, UNLESS THE INFORMATION IS REQUIRED AS A4
116112 CONDITION OF ELIGIBILITY FOR THE ASSISTANCE PAYMENTS .5
117113 (b) THE STATE DEPARTMENT SHALL NOT SHARE INFORMATION6
118114 RELATED TO THE CITIZENSHIP OR IMMIGRATION STATUS OF AN APPLICANT7
119115 FOR OR RECIPIENT OF ASSISTANCE PAYMENTS WITH ANY FEDERAL LAW8
120116 ENFORCEMENT AGENCY, UNLESS DISCLOSURE OF THE INFORMATION IS9
121117 REQUIRED BY LAW OR COURT ORDER .10
122118 (c) IF THE STATE DEPARTMENT DENIES AN INDIVIDUAL 'S11
123119 APPLICATION FOR ASSISTANCE PAYMENTS DUE TO INSUFFICIENT OR12
124120 INCOMPLETE DOCUMENTATION , THE STATE DEPARTMENT SHALL :13
125121 (I) PROVIDE NOTICE TO THE APPLICANT WITHIN SEVEN CALENDAR14
126122 DAYS THAT THEIR APPLICATION HAS BEEN DENIED DUE TO INSUFFICIENT OR15
127123 INCOMPLETE DOCUMENTATION ; AND16
128124 (II) INCLUDE, AS PART OF THE NOTICE PROVIDED PURSUANT TO17
129125 SUBSECTION (10)(c)(I) OF THIS SECTION, A DEADLINE BY WHICH THE18
130126 APPLICANT MAY CORRECT OR COMPLETE THEIR APPLICATION, WHICH19
131127 DEADLINE MUST BE NO LESS THAN SIXTY DAYS AFTER THE DATE THE20
132128 APPLICANT WAS SENT THE NOTICE, BUT NO LATER THAN JUNE 15 OF THE21
133129 CALENDAR YEAR IN WHICH THE INDIVIDUAL SUBMITTED THEIR22
134130 APPLICATION TO THE STATE DEPARTMENT .23
135131 (d) (I) WHEN THE STATE DEPARTMENT DENIES AN INDIVIDUAL'S24
136132 APPLICATION FOR ASSISTANCE PAYMENTS DUE TO INSUFFICIENT OR25
137133 INCOMPLETE DOCUMENTATION, THE STATE DEPARTMENT SHALL NOTIFY26
138134 THE INVESTOR-OWNED PUBLIC UTILITY OF WHICH THE INDIVIDUAL IS A27
139135 1234
140136 -4- CUSTOMER THAT THE INDIVIDUAL 'S APPLICATION IS PENDING REVIEW.1
141137 (II) WHEN AN INVESTOR-OWNED PUBLIC UTILITY RECEIVES THE2
142138 NOTICE FROM THE STATE DEPARTMENT PURSUANT TO SUBSECTION3
143139 (10)(d)(I) OF THIS SECTION, THE INVESTOR-OWNED PUBLIC UTILITY SHALL4
144140 PLACE A DISCONNECTION HOLD ON THE UTILITY SERVICE PROVIDED TO THE5
145141 CUSTOMER, WHICH DISCONNECTION HOLD MUST BE IN EFFECT FOR NO6
146142 MORE THAN SIXTY DAYS OR FOR LESS THAN SIXTY DAYS IF THE7
147143 INVESTOR-OWNED PUBLIC UTILITY RECEIVES NOTICE DURING THE8
148144 SIXTY-DAY HOLD THAT THE CUSTOMER 'S APPLICATION FOR ASSISTANCE9
149145 HAS BEEN APPROVED OR DENIED .10
150146 (e) AS USED IN THIS SECTION, UNLESS CONTEXT OTHERWISE11
151147 REQUIRES, "INVESTOR-OWNED PUBLIC UTILITY" MEANS A RETAIL ELECTRIC12
152148 UTILITY OR RETAIL GAS UTILITY OPERATING IN THE STATE AND REGULATED13
153149 BY THE PUBLIC UTILITIES COMMISSION, CREATED IN SECTION 40-2-101,14
154150 AND DOES NOT INCLUDE A COOPERATIVE ELECTRIC ASSOCIATION OR15
155151 MUNICIPALLY OWNED UTILITY. 16
156152 SECTION 3. Safety clause. The general assembly finds,17
157153 determines, and declares that this act is necessary for the immediate18
158154 preservation of the public peace, health, or safety or for appropriations for19
159155 the support and maintenance of the departments of the state and state20
160156 institutions.21
161157 1234
162158 -5-