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Colorado House Bill HB1268

Colorado 2025 Regular Session

Colorado House Bill HB1268 Compare Versions

Only one version of the bill is available at this time.
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11 First Regular Session
22 Seventy-fifth General Assembly
33 STATE OF COLORADO
44 INTRODUCED
55
66
77 LLS NO. 25-0286.03 Jennifer Berman x3286
88 HOUSE BILL 25-1268
99 House Committees Senate Committees
1010 Energy & Environment
1111 A BILL FOR AN ACT
1212 C
1313 ONCERNING THE FINANCING OF A UTILITY ON -BILL REPAYMENT101
1414 PROGRAM FOR CERTAIN ENERGY -RELATED IMPROVEMENTS .102
1515 Bill Summary
1616 (Note: This summary applies to this bill as introduced and does
1717 not reflect any amendments that may be subsequently adopted. If this bill
1818 passes third reading in the house of introduction, a bill summary that
1919 applies to the reengrossed version of this bill will be available at
2020 http://leg.colorado.gov
2121 .)
2222 The bill requires the Colorado energy office (office) to establish
2323 a state utility on-bill repayment program to help finance certain gas and
2424 electric utilities' on-bill repayment programs (on-bill repayment program),
2525 which are programs through which energy efficiency measures,
2626 electrification measures, and energy upgrades installed at utility
2727 customers' premises are financed through loans that the customers repay
2828 HOUSE SPONSORSHIP
2929 Joseph and Froelich,
3030 SENATE SPONSORSHIP
3131 Mullica and Winter F.,
3232 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
3333 Capital letters or bold & italic numbers indicate new material to be added to existing law.
3434 Dashes through the words or numbers indicate deletions from existing law. through their monthly utility bill payments. The bill requires gas or
3535 electric investor-owned utilities that serve more than 500,000 customers
3636 to propose a plan to the public utilities commission for establishing or
3737 expanding an existing on-bill repayment program for the commission to
3838 review and approve, disapprove, or modify.
3939 The bill requires the state treasurer, on July 1, 2025, to make an
4040 interest-free loan in the amount of $100 million from the unclaimed
4141 property trust fund to the state utility on-bill repayment program cash
4242 fund, which fund is created in the bill, to support the financing of the
4343 on-bill repayment programs. The office is required to pay back the loan
4444 by July 1, 2045.
4545 Be it enacted by the General Assembly of the State of Colorado:1
4646 SECTION 1. In Colorado Revised Statutes, add part 6 to article2
4747 38.5 of title 24 as follows:3
4848 PART 64
4949 UTILITY ON-BILL REPAYMENT PROGRAM5
5050 24-38.5-601. Legislative declaration. (1) T
5151 HE GENERAL6
5252 ASSEMBLY FINDS THAT COLORADO CONSUMERS HAVE THE POTENTIAL TO7
5353 SAVE ENERGY, REDUCE GREENHOUSE GAS EMISSIONS , AND TRANSITION8
5454 AWAY FROM FOSSIL FUEL INFRASTRUCTURE THROUGH ENERGY SOLUTIONS ,9
5555 INCLUDING ENERGY EFFICIENCY MEASURES , ELECTRIFICATION MEASURES,10
5656 AND ENERGY UPGRADES.11
5757 (2) T
5858 HEREFORE, THE GENERAL ASSEMBLY DECLARES THAT :12
5959 (a) U
6060 TILITY CUSTOMERS WOULD BENEFIT FROM HAVING ACCESS TO13
6161 MORE THAN ONE BILLION DOLLARS IN FINANCING SOLUTIONS OVER A14
6262 FIVE-YEAR PERIOD FOR ENERGY -RELATED IMPROVEMENTS , INCLUDING15
6363 END-OF-LIFE EQUIPMENT REPLACEMENT ;16
6464 (b) U
6565 TILITY ON-BILL REPAYMENT PROGRAMS THAT ALLOW17
6666 REPAYMENTS THROUGH UTILITY BILL PAYMENTS COULD EXPAND THE18
6767 OPPORTUNITIES FOR HOUSEHOLDS AND BUSINESSES TO PURSUE19
6868 HB25-1268-2- ENERGY-RELATED UPGRADES BY ENABLING UTILITY CUSTOMERS TO PAY1
6969 BACK THE INSTALLATION COSTS OF ENERGY -RELATED UPGRADES AND2
7070 MEASURES OVER TIME THROUGH THEIR UTILITY BILL PAYMENTS ; AND3
7171 (c) A
7272 PROGRAM ESTABLISHED TO PROVIDE FOR SUCH ON -BILL4
7373 REPAYMENT COULD INCLUDE UTILITY -ADMINISTERED REPAYMENT OF5
7474 COSTS FOR WHICH THE REPAYMENT OBLIGATION REMAINS WITH THE6
7575 ASSOCIATED ENERGY METER AND SERVICE ADDRESS , INSTEAD OF7
7676 TRANSFERRING TO A CUSTOMER 'S NEW LOCATION.8
7777 24-38.5-602. Definitions. A
7878 S USED IN THIS PART 6, UNLESS THE9
7979 CONTEXT OTHERWISE REQUIRES :10
8080 (1) "C
8181 OOPERATIVE ELECTRIC ASSOCIATION " MEANS A11
8282 COOPERATIVE ELECTRIC ASSOCIATION CREATED PURSUANT TO ARTICLE 9.512
8383 OF TITLE 40.13
8484 (2) "E
8585 LECTRIFICATION" MEANS "BENEFICIAL ELECTRIFICATION", AS14
8686 DEFINED IN SECTION 40-1-102 (1.2).15
8787 (3) (a) "E
8888 NERGY EFFICIENCY MEASURE " MEANS ANY16
8989 INSTALLATION, IMPROVEMENT, ADDITION, OR EQUIPMENT THAT:17
9090 (I) H
9191 ELPS TO REDUCE THE CONSUMPTION OF ENERGY AT A UTILITY18
9292 CUSTOMER'S PREMISES; OR19
9393 (II) E
9494 NABLES A CUSTOMER TO REDUCE OR SHIFT ENERGY20
9595 CONSUMPTION AT THE PREMISES .21
9696 (b) "E
9797 NERGY EFFICIENCY MEASURE" INCLUDES:22
9898 (I) A
9999 GROUND SOURCE OR AIR SOURCE HEAT PUMP HEATING AND23
100100 AIR CONDITIONING SYSTEM;24
101101 (II) A
102102 HEAT PUMP WATER HEATER;25
103103 (III) A
104104 BUILDING SHELL MEASURE, SUCH AS AIR SEALING, WINDOW26
105105 FILM, ROOF REPAIR, INSULATION, OR WINDOW AND DOOR MODIFICATIONS ;27
106106 HB25-1268
107107 -3- (IV) AN AUTOMATIC OR INTERNET-CONNECTED ENERGY CONTROL1
108108 SYSTEM; AND2
109109 (V) A
110110 NY OTHER MEASURE AUTHORIZED BY THE OFFICE .3
111111 (4) "L
112112 ARGE REGULATED UTILITY" MEANS A REGULATED UTILITY4
113113 WITH MORE THAN FIVE HUNDRED THOUSAND CUSTOMERS IN THE STATE .5
114114 (5) "O
115115 FFICE" MEANS THE COLORADO ENERGY OFFICE CREATED IN6
116116 SECTION 24-38.5-101 (1).7
117117 (6) "O
118118 N-BILL REPAYMENT PROGRAM " MEANS A UTILITY'S ON-BILL8
119119 REPAYMENT PROGRAM THROUGH WHICH ENERGY EFFICIENCY MEASURES ,9
120120 ELECTRIFICATION MEASURES, AND ENERGY UPGRADES INSTALLED AT A10
121121 PROGRAM PARTICIPANT'S PREMISES THAT ARE ASSOCIATED WITH THE11
122122 UTILITY METER ARE FINANCED THR OUGH LOANS AND ARE REPAID12
123123 THROUGH MONTHLY UTILITY BILL PAYMENTS .13
124124 (7) "P
125125 ARTICIPATING UTILITY" MEANS A GAS OR ELECTRIC UTILITY14
126126 THAT RECEIVES FUNDING THROUGH THE PROGRAM .15
127127 (8) "P
128128 ROGRAM" MEANS THE STATE UTILITY ON-BILL REPAYMENT16
129129 PROGRAM CREATED IN SECTION 24-38.5-603 (1)(a).17
130130 (9) "P
131131 ROGRAM ADMINISTRATOR " MEANS A THIRD-PARTY ENTITY18
132132 THAT THE OFFICE MAY CONTRACT WITH TO PLAN , ADMINISTER, OPERATE,19
133133 AND MANAGE THE PROGRAM .20
134134 (10) "P
135135 ROGRAM PARTICIPANT " MEANS A RETAIL UTILITY21
136136 CUSTOMER THAT HAS REQUESTED TO PARTICIPATE IN A PARTICIPATING22
137137 UTILITY'S ON-BILL REPAYMENT PROGRAM AND THAT THE PARTICIPATING23
138138 UTILITY, EITHER DIRECTLY OR THROUGH ITS UTILITY -DESIGNATED24
139139 ADMINISTRATOR, HAS DETERMINED IS ELIGIBLE FOR PROGRAM25
140140 PARTICIPATION.26
141141 (11) "R
142142 EGULATED UTILITY" MEANS AN INVESTOR -OWNED27
143143 HB25-1268
144144 -4- ELECTRIC OR GAS UTILITY.1
145145 (12) "U
146146 NCLAIMED PROPERTY TRUST FUND " MEANS THE2
147147 UNCLAIMED PROPERTY TRUST FUND CREATED IN SECTION 38-13-801.3
148148 (13) "U
149149 TILITY" MEANS AN ELECTRIC OR GAS UTILITY AND4
150150 INCLUDES:5
151151 (a) A
152152 N INVESTOR-OWNED UTILITY;6
153153 (b) A
154154 COOPERATIVE ELECTRIC ASSOCIATION ; AND7
155155 (c) A
156156 MUNICIPALLY OWNED UTILITY.8
157157 (14) "U
158158 TILITY-DESIGNATED ADMINISTRATOR " MEANS A9
159159 THIRD-PARTY ENTITY THAT A UTILITY MAY CONTRACT WITH TO PLAN ,10
160160 ADMINISTER, OPERATE, AND MANAGE THE UTILITY'S ON-BILL REPAYMENT11
161161 PROGRAM.12
162162 24-38.5-603. State utility on-bill repayment program - creation13
163163 - functions - process - utility programs - reporting. (1) (a) T
164164 HERE IS14
165165 CREATED IN THE OFFICE THE STATE UTILITY ON -BILL REPAYMENT15
166166 PROGRAM FOR THE PURPOSE OF DIRECTING THE ALLOCATION OF MONEY16
167167 FROM THE UNCLAIMED PROPERTY TRUST FUND TO PROVIDE CAPITAL FOR17
168168 PARTICIPATING UTILITIES' ON-BILL REPAYMENT PROGRAMS .18
169169 (b) E
170170 XCEPT AS PROVIDED IN SECTION 40-2-140 (2)(a)(I), A LARGE19
171171 REGULATED UTILITY SHALL PARTICIPATE IN THE PROGRAM IN COMPLIANCE20
172172 WITH THE REQUIREMENTS SET FORTH IN SECTION 40-2-140.21
173173 (2) P
174174 URSUANT TO AN AGREEMENT BETWEEN THE OFFICE AND A22
175175 PARTICIPATING UTILITY OR THE UTILITY-DESIGNATED ADMINISTRATOR ,23
176176 MONEY PROVIDED TO THE UTILITY TO HELP FINANCE THE UTILITY'S ON-BILL24
177177 REPAYMENT PROGRAM MAY BE USED TO SUPPORT ENERGY EFFICIENCY25
178178 MEASURES, ELECTRIFICATION MEASURES, OR ENERGY UPGRADES AT A26
179179 PROGRAM PARTICIPANT'S RESIDENTIAL OR BUSINESS PREMISES THAT ARE27
180180 HB25-1268
181181 -5- LOCATED IN THE UTILITY'S SERVICE TERRITORY.1
182182 (3) T
183183 HE OFFICE, IN CONSULTATION WITH A PARTICIPATING UTILITY,2
184184 A PARTICIPATING UTILITY'S UTILITY-DESIGNATED ADMINISTRATOR , OR A3
185185 PROGRAM ADMINISTRATOR SELECTED BY THE OFFICE PURSUANT TO4
186186 SECTION 24-38.5-604, AS APPROPRIATE, MAY DESIGN PROGRAM5
187187 REQUIREMENTS, INCLUDING BUT NOT LIMITED TO:6
188188 (a) A
189189 DESIGNATION OF WHICH CLASSES OF UTILITY CUSTOMERS7
190190 MAY PARTICIPATE IN THE UTILITY'S ON-BILL REPAYMENT PROGRAM ;8
191191 (b) A
192192 DETERMINATION OF WHICH ENERGY EFFICIENCY MEASURES9
193193 AND ELECTRIFICATION MEASURES THE UTILITY MAY AUTHORIZE A10
194194 PROGRAM PARTICIPANT TO INSTALL ;11
195195 (c) A
196196 DETERMINATION AS TO WHICH MEASURES DESCRIBED IN12
197197 SUBSECTION (3)(b) OF THIS SECTION THAT ARE AUTHORIZED UNDER THE13
198198 UTILITY'S ON-BILL REPAYMENT PROGRAM WOULD QUALIFY AS ENERGY14
199199 UPGRADES; AND15
200200 (d) A
201201 DETERMINATION AS TO WHICH ENERGY -RELATED16
202202 IMPROVEMENTS AUTHORIZED UNDER THE UTILITY 'S ON-BILL REPAYMENT17
203203 PROGRAM QUALIFY AS BUILDING SHELL MEASURES .18
204204 (4) A
205205 PARTICIPATING UTILITY MAY RECOVER THE COST OF ENERGY19
206206 EFFICIENCY MEASURES AND ELECTRIFICATION MEASURES AUTHORIZED20
207207 UNDER THE UTILITY'S ON-BILL REPAYMENT PROGRAM , INCLUDING21
208208 INSTALLATION COSTS, THROUGH THE PROGRAM PARTICIPANT 'S UTILITY22
209209 BILL, WITH THE REPAYMENT OBLIGATION REMAINING WITH THE23
210210 ASSOCIATED ENERGY METER AND SERVICE ADDRESS .24
211211 (5) T
212212 HE OFFICE MAY REQUIRE A PARTICIPATING UTILITY , A25
213213 PARTICIPATING UTILITY'S UTILITY-DESIGNATED ADMINISTRATOR , OR A26
214214 PROGRAM ADMINISTRATOR SELECTED BY THE OFFICE PURSUANT TO27
215215 HB25-1268
216216 -6- SECTION 24-38.5-604, AS APPROPRIATE, TO DEVELOP, IMPLEMENT, AND1
217217 UPDATE CONSUMER PROTECTION AND EQUITY REQUIREMENTS TO ENSURE2
218218 THE SUCCESS OF THE PROGRAM , WHILE BALANCING RISK , EQUITY,3
219219 REPAYMENT TERMS , AND UTILITY BILL IMPACTS FOR PROGRAM4
220220 PARTICIPANTS. THE OFFICE SHALL CONSULT WITH THE PARTICIPATING5
221221 UTILITY, THE PARTICIPATING UTILITY 'S UTILITY-DESIGNATED6
222222 ADMINISTRATOR, OR A PROGRAM ADMINISTRATOR SELECTED BY THE7
223223 OFFICE PURSUANT TO SECTION 24-38.5-604, AS APPROPRIATE, IN8
224224 DEVELOPING THE CONSUMER PROTECTION AND EQUITY REQUIREMENTS ,9
225225 WHICH REQUIREMENTS SHALL INCLUDE :10
226226 (a) Q
227227 UALITY INSTALLATION VERIFICATION , INCLUDING THE11
228228 CERTIFICATIONS AND RELATED ENFORCEMENT MECHANISMS NEEDED TO12
229229 ENSURE AND VERIFY QUALITY INSTALLATIONS ;13
230230 (b) P
231231 ROCEDURES FOR ADDRESSING FAILING EQUIPMENT ;14
232232 (c) V
233233 ENDOR OR CONTRACTOR SELECTION AND APPROVAL15
234234 PROCESSES, INCLUDING LABOR STANDARDS AND A PROCESS FOR16
235235 ENFORCEMENT OF THE LABOR STANDARDS ; AND17
236236 (d) E
237237 LIGIBILITY REQUIREMENTS FOR PROGRAM PARTICIPANTS .18
238238 (6) O
239239 N OR BEFORE THE JANUARY 1 FOLLOWING THE FIFTH19
240240 COMPLETED YEAR OF PROGRAM IMPLEMENTATION , AND ON OR BEFORE20
241241 J
242242 ANUARY 1 OF EACH OF THE THREE YEARS THEREAFTER, A PARTICIPATING21
243243 UTILITY SHALL PREPARE AND SUBMIT TO THE OFFICE A REPORT THAT22
244244 TRACKS CUMULATIVE PROGRAM PARTICIPATION DEFAULT RATES , UTILITY23
245245 DISCONNECTIONS, COMPLIANCE WITH LABOR STANDARDS , AND OTHER24
246246 METRICS THAT THE OFFICE OR A PROGRAM ADMINISTRATOR SELECTED BY25
247247 THE OFFICE PURSUANT TO SECTION 24-38.5-604 DEEMS RELEVANT TO THE26
248248 CONSUMER PROTECTION AND EQUITY REQUIREMENTS FOR THE PROGRAM .27
249249 HB25-1268
250250 -7- 24-38.5-604. Authority to contract with program1
251251 administrator - selection criteria - program design requirements.2
252252 (1) I
253253 N ACCORDANCE WITH THE REQUIREMENTS OF THE "PROCUREMENT3
254254 C
255255 ODE", ARTICLES 101 TO 112 OF THIS TITLE 24, THE OFFICE MAY4
256256 CONTRACT WITH ONE OR MORE INDEPENDENT THIRD -PARTY ENTITIES TO5
257257 SERVE AS PROGRAM ADMINISTRATORS TO FACILITATE AND HELP6
258258 ADMINISTER UTILITY ON -BILL REPAYMENTS FOR UTILITIES THAT7
259259 PARTICIPATE IN THE PROGRAM ON A VOLUNTARY BASIS AND DO NOT HAVE8
260260 THEIR OWN UTILITY ON-BILL REPAYMENT PROGRAMS OR FOR UTILITIES9
261261 THAT HAVE EXISTING ON-BILL REPAYMENT PROGRAMS AND WANT THE10
262262 PROGRAM ADMINISTRATOR TO ADMINISTER THEIR PROGRAMS . A SELECTED11
263263 PROGRAM ADMINISTRATOR MAY ONLY BE :12
264264 (a) A
265265 BANK;13
266266 (b) A
267267 NONDEPOSITORY COMMUNITY DEVELOPMENT FINANCIAL14
268268 INSTITUTION;15
269269 (c) A
270270 BUSINESS DEVELOPMENT CORPORATION ; OR16
271271 (d) A
272272 NONPROFIT ORGANIZATION.17
273273 (2) I
274274 N SELECTING A PROGRAM ADMINISTRATOR PURSUANT TO THIS18
275275 SECTION, THE OFFICE SHALL CONSIDER THE ABILITY OF A POTENTIAL19
276276 PROGRAM ADMINISTRATOR TO EXPAND THE PROGRAM , INCLUDING BY20
277277 EXPANDING THE CAPITAL AVAILABLE FOR USE IN THE PROGRAM THROUGH21
278278 PUBLIC AND PRIVATE CAPITAL SOURCES .22
279279 (3) T
280280 HE OFFICE, IN CONSULTATION WITH A SELECTED PROGRAM23
281281 ADMINISTRATOR, MAY DETERMINE THE DESIGN REQUIREMENTS FOR THE24
282282 PROGRAM, INCLUDING:25
283283 (a) A
284284 REQUIREMENT THAT A PARTICIPATING UTILITY 'S ON-BILL26
285285 REPAYMENT PROGRAM PROVIDE FOR STANDARDIZATION OF ASPECTS OF27
286286 HB25-1268
287287 -8- THE UTILITY'S PROGRAM, SUCH AS FORMS USED TO APPLY FOR1
288288 PARTICIPATION IN THE UTILITY'S PROGRAM, BUT OTHERWISE ALLOW FOR2
289289 FLEXIBILITY IN IMPLEMENTING THE UTILITY'S PROGRAM TO ALLOW FOR3
290290 DIFFERENT REQUIREMENTS BASED ON WHICH ENERGY EFFICIENCY4
291291 MEASURES OR ELECTRIFICATION MEASURES A PARTICIPATING UTILITY5
292292 DEEMS ELIGIBLE AND THAT A PROGRAM PARTICIPANT CHOOSES ;6
293293 (b) A
294294 REQUIREMENT THAT THE ENERGY EFFICIENCY MEASURES ,7
295295 ELECTRIFICATION MEASURES, BUILDING SHELL MEASURES, AND ENERGY8
296296 UPGRADES AUTHORIZED FOR A PARTICIPATING UTILITY 'S ON-BILL9
297297 REPAYMENT PROGRAM COMPLY WITH PROGRAM REQUIREMENTS ; AND10
298298 (c) A
299299 REQUIREMENT THAT A PROGRAM ADMINISTRATOR DEVELOP11
300300 OTHER SOURCES OF PUBLIC AND PRIVATE CAPITAL , WITH A GOAL OF12
301301 INCREASING AVAILABLE STATEWIDE FUNDING FOR ON -BILL REPAYMENT13
302302 PROGRAMS TO ONE BILLION DOLLARS BY 2030.14
303303 24-38.5-605. Transfers of financial responsibility - notification15
304304 required - property seller's obligation - utility's obligation.16
305305 (1) P
306306 ARTICIPATION IN A UTILITY'S ON-BILL REPAYMENT PROGRAM IS TIED17
307307 TO THE LOCATION OF THE UTILITY METER ASSOCIATED WITH A UTILITY18
308308 CUSTOMER'S ACCOUNT WHERE THE ENERGY EFFICIENCY MEASURES ,19
309309 ELECTRIFICATION MEASURES, OR ENERGY UPGRADES ARE INSTALLED . IF A20
310310 CUSTOMER THAT IS A PROGRAM PARTICIPANT MOVES TO A NEW LOCATION ,21
311311 THE CUSTOMER'S PARTICIPATION IN THE ON-BILL REPAYMENT PROGRAM22
312312 DOES NOT TRANSFER TO THE CUSTOMER 'S NEW LOCATION. FOR REAL23
313313 PROPERTY THAT IS THE SITE OF A UTILITY METER THAT IS ASSOCIATED24
314314 WITH PARTICIPATION IN THE PROGRAM, THE FINANCIAL RESPONSIBILITY TO25
315315 MAKE ANY REMAINING REPAYMENTS UNDER THE ON -BILL REPAYMENT26
316316 PROGRAM TRANSFERS TO A NEW OWNER OF THE REAL PROPERTY .27
317317 HB25-1268
318318 -9- (2) FINANCIAL RESPONSIBILITY DESCRIBED IN SUBSECTION (1) OF1
319319 THIS SECTION APPLIES ONLY TO THE UTILITY METER , AND NOT TO ALL OF2
320320 THE REAL PROPERTY, AND SHALL NOT:3
321321 (a) B
322322 E RECORDED AS A LIEN AGAINST THE REAL PROPERTY ; OR4
323323 (b) C
324324 REATE ANY ENCUMBRANCE REGARDING THE ALIENABILITY OF5
325325 THE REAL PROPERTY OTHER THAN THAT DESCRIBED IN THIS SECTION .6
326326 (3) I
327327 F AN OWNER OF REAL PROPERTY AT WHICH ENERGY7
328328 EFFICIENCY MEASURES , ELECTRIFICATION MEASURES , OR ENERGY8
329329 UPGRADES HAVE BEEN IMPLEMENTED PURS UANT TO PARTICIPATION IN THE9
330330 PROGRAM INTENDS TO SELL THE REAL PROPERTY , AND THE FULL COST OF10
331331 THE ENERGY EFFICIENCY MEASURES , ELECTRIFICATION MEASURES, OR11
332332 ENERGY UPGRADES HAVE NOT BEEN FULLY REPAID , THE OWNER SHALL:12
333333 (a) P
334334 ROVIDE A PROSPECTIVE PURCHASER OF THE REAL PROPERTY13
335335 WRITTEN NOTICE THAT A NEW OWNER OF THE REAL PROPERTY HAS THE14
336336 FINANCIAL OBLIGATION TO MAKE THE REMAINING UTILITY ON -BILL15
337337 REPAYMENTS UNDER THE ON -BILL REPAYMENT PROGRAM UPON16
338338 PURCHASING THE REAL PROPERTY . THE WRITTEN NOTICE MUST BE17
339339 PROVIDED BEFORE THE OWNER ACCEPTS AN OFFER TO PURCHASE THE REAL18
340340 PROPERTY AND MUST INCLUDE :19
341341 (I) I
342342 NFORMATION THAT THE REAL PROPERTY IS SUBJECT TO UTILITY20
343343 ON-BILL REPAYMENTS;21
344344 (II) C
345345 ONTACT INFORMATION FOR A PERSON INVOLVED IN THE22
346346 UTILITY'S ON-BILL REPAYMENT PROGRAM ; AND23
347347 (III) I
348348 NFORMATION REGARDING THE UTILITY ON -BILL REPAYMENTS,24
349349 INCLUDING:25
350350 (A) T
351351 HE TOTAL AMOUNT OF THE ORIGINAL COSTS FOR WHICH26
352352 UTILITY ON-BILL REPAYMENTS WERE ESTABLISHED ;27
353353 HB25-1268
354354 -10- (B) THE APPROXIMATE REMAINING BALANCE OF THE COSTS ;1
355355 (C) T
356356 HE ON-BILL REPAYMENT SCHEDULE;2
357357 (D) T
358358 HE PRODUCTS AND SERVICES PROVIDING ENERGY EFFICIENCY3
359359 MEASURES, ELECTRIFICATION MEASURES, OR ENERGY UPGRADES THAT4
360360 WERE PURCHASED THROUGH THE UTILITY 'S ON-BILL REPAYMENT5
361361 PROGRAM; AND6
362362 (E) T
363363 HE RISKS ASSOCIATED WITH NONPAYMENT OF THE ON -BILL7
364364 REPAYMENTS, INCLUDING POTENTIAL DISCONNECTION OF UTILITY SERVICE;8
365365 (b) N
366366 OTIFY THE UTILITY TO WHICH THE OWNER IS MAKING ON -BILL9
367367 REPAYMENTS UNDER THE ON -BILL REPAYMENT PROGRAM THAT THE REAL10
368368 PROPERTY HAS BEEN LISTED FOR SALE; AND11
369369 (c) C
370370 ONTINUE MAKING THE ON -BILL REPAYMENTS UNTIL12
371371 OWNERSHIP OF THE REAL PROPERTY HAS OFFICIALLY TRANSFERRED TO A13
372372 PURCHASER OF THE REAL PROPERTY .14
373373 (4) (a) U
374374 PON ACCEPTING AN OFFER TO PURCHASE REAL PROPERTY15
375375 DESCRIBED IN SUBSECTION (3) OF THIS SECTION, THE OWNER OF THE REAL16
376376 PROPERTY SHALL NOTIFY THE UTILITY TO WHICH THE OWNER IS MAKING17
377377 ON-BILL REPAYMENTS OF:18
378378 (I) T
379379 HE PURCHASER'S NAME AND CONTACT INFORMATION ;19
380380 (II) T
381381 HE NAME AND CONTACT INFORMATION FOR ANY REAL ESTATE20
382382 AGENT REPRESENTING THE PURCHASER OF THE REAL PROPERTY ; AND21
383383 (III) T
384384 HE NAME AND CONTACT INFORMATION FOR THE TITLE AGENT22
385385 OR COMPANY THAT PROVIDES CLOSING AND SETTLEMENT SERVICES IN23
386386 RELATION TO THE REAL ESTATE TRANSACTION .24
387387 (b) T
388388 HE UTILITY SHALL CONTACT THE PURCHASER OR ANY REAL25
389389 ESTATE AGENT REPRESENTING THE PURCHASER AND THE TITLE AGENT OR26
390390 COMPANY TO INFORM THE PURCHASER AND TITLE AGENT OR COMPANY OF27
391391 HB25-1268
392392 -11- THE TERMS AND CONDITIONS OF THE ON -BILL REPAYMENTS OWED TO THE1
393393 UTILITY UNDER THE UTILITY'S ON-BILL REPAYMENT PROGRAM .2
394394 24-38.5-606. Voluntary participation by utilities that are not3
395395 large regulated utilities - program administration. (1) A
396396 REGULATED4
397397 UTILITY THAT IS NOT A LARGE REGULATED UTILITY OR A UTILITY THAT IS5
398398 NOT A REGULATED UTILITY MAY SEEK FUNDING THROUGH THE PROGRAM6
399399 TO PARTICIPATE IN THE PROGRAM , ESTABLISH ITS OWN ON -BILL7
400400 REPAYMENT PROGRAM , OR SUPPORT AN EXISTING ON-BILL REPAYMENT8
401401 PROGRAM.9
402402 (2) A
403403 UTILITY VOLUNTARILY PARTICIPATING IN THE PROGRAM10
404404 PURSUANT TO THIS SECTION MAY DESIGNATE AN ADMINISTRATOR WITH11
405405 WRITTEN APPROVAL FROM THE OFFICE .12
406406 (3) I
407407 F THE OFFICE CONTRACTS WITH A PROGRAM ADMINISTRATOR13
408408 PURSUANT TO SECTION 24-38.5-604, A UTILITY THAT, ON THE EFFECTIVE14
409409 DATE OF THIS SECTION, HAS AN EXISTING ON-BILL REPAYMENT PROGRAM15
410410 MAY SEEK WRITTEN APPROVAL FROM THE OFFICE TO TRANSFER THE16
411411 ADMINISTRATION OF ITS ON-BILL REPAYMENT PROGRAM TO THE PROGRAM17
412412 ADMINISTRATOR.18
413413 24-38.5-607. State utility on-bill repayment program cash fund19
414414 - creation. (1) T
415415 HE STATE UTILITY ON-BILL REPAYMENT PROGRAM CASH20
416416 FUND IS CREATED IN THE STATE TREASURY. THE FUND CONSISTS OF MONEY21
417417 CREDITED TO THE FUND PURSUANT TO SECTION 38-13-801 (3.3) AND ANY22
418418 OTHER MONEY THAT THE GENERAL ASSEMBLY MAY APPROPRIATE OR23
419419 TRANSFER TO THE FUND.24
420420 (2) T
421421 HE STATE TREASURER SHALL CREDIT ALL INTEREST AND25
422422 INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE26
423423 STATE UTILITY ON-BILL REPAYMENT PROGRAM CASH FUND TO THE FUND .27
424424 HB25-1268
425425 -12- (3) SUBJECT TO ANNUAL APPROPRIATION BY THE GENERAL1
426426 ASSEMBLY, THE OFFICE MAY EXPEND MONEY FROM THE FUND TO2
427427 IMPLEMENT THIS PART 6.3
428428 SECTION 2. In Colorado Revised Statutes, add 38-35.7-113 as4
429429 follows:5
430430 38-35.7-113. Disclosure - utility on-bill repayment program6
431431 obligations - definition. (1) F
432432 OR ANY REAL PROPERTY FOR WHICH THE7
433433 OWNER OF THE PROPERTY IS SUBJECT TO REPAYMENT OBLIGATIONS UNDER8
434434 A UTILITY ON-BILL REPAYMENT PROGRAM , THE OWNER OF THE REAL9
435435 PROPERTY SHALL PROVIDE A PROSPECTIVE PURCHASER OF THE PROPERTY10
436436 WRITTEN NOTICE IN COMPLIANCE WITH SECTION 24-38.5-605. BEFORE11
437437 ACCEPTING A PROSPECTIVE PURCHASER 'S OFFER TO PURCHASE THE REAL12
438438 PROPERTY, THE SELLER SHALL PROVIDE THE PROSPECTIVE PURCHASER THE13
439439 WRITTEN NOTICE AND OBTAIN FROM THE PROSPECTIVE PURCHASER A14
440440 SIGNED COPY OF THE WRITTEN NOTICE ACKNOWLEDGING RECEIPT OF THE15
441441 NOTICE. THE PROSPECTIVE PURCHASER MAY SIGN THE WRITTEN NOTICE16
442442 ELECTRONICALLY.17
443443 (2) A
444444 S USED IN THIS SECTION, "UTILITY ON-BILL REPAYMENT18
445445 PROGRAM" MEANS "ON-BILL REPAYMENT PROGRAM ", AS DEFINED IN19
446446 SECTION 24-38.5-602 (6).20
447447 SECTION 3. In Colorado Revised Statutes, add 40-2-140 as21
448448 follows:22
449449 40-2-140. Utility on-bill repayment - large regulated utility23
450450 plans for participation - review by commission - rules - definitions.24
451451 (1) A
452452 S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE25
453453 REQUIRES:26
454454 (a) "C
455455 OMBINED FUEL CUSTOMER " MEANS A RESIDENTIAL27
456456 HB25-1268
457457 -13- CUSTOMER OF A LARGE REGULATED UTILITY THAT TAKES BOTH ELECTRIC1
458458 AND GAS SERVICE FROM THE LARGE REGULATED UTILITY .2
459459 (b) "E
460460 LECTRIFICATION" HAS THE MEANING SET FORTH IN SECTION3
461461 24-38.5-602
462462 (2).4
463463 (c) "E
464464 NERGY EFFICIENCY MEASURE" HAS THE MEANING SET FORTH5
465465 IN SECTION 24-38.5-602 (3).6
466466 (d) "L
467467 ARGE REGULATED UTILITY" HAS THE MEANING SET FORTH IN7
468468 SECTION 24-38.5-602 (4).8
469469 (e) "O
470470 N-BILL REPAYMENT PROGRAM" HAS THE MEANING SET FORTH9
471471 IN SECTION 24-38.5-602 (6).10
472472 (f) "S
473473 TATE UTILITY ON-BILL REPAYMENT PROGRAM " MEANS THE11
474474 PROGRAM CREATED IN SECTION 24-38.5-603 (1)(a).12
475475 (2) (a) E
476476 XCEPT AS PROVIDED IN SUBSECTION (2)(b) OF THIS13
477477 SECTION, ON OR BEFORE DECEMBER 31, 2027, A LARGE REGULATED14
478478 UTILITY SHALL FILE WITH THE COMMISSION AN APPLICATION THAT MUST :15
479479 (I) E
480480 ITHER ESTABLISH AN ON-BILL REPAYMENT PROGRAM THAT16
481481 PROPOSES TO USE FUNDING THROUGH THE STATE UTILITY ON -BILL17
482482 REPAYMENT PROGRAM OR MODIFY AN EXISTING ON -BILL REPAYMENT18
483483 PROGRAM TO USE FUNDING THOUGH THE STATE UTILITY ON -BILL19
484484 REPAYMENT PROGRAM . IF A LARGE REGULATED UTILITY PROPOSES NOT TO20
485485 USE FUNDING THR OUGH THE STATE UTILITY ON -BILL REPAYMENT21
486486 PROGRAM, THE LARGE REGULATED UTILITY 'S APPLICATION MUST22
487487 DEMONSTRATE WHY THE UTILITY'S CUSTOMERS WOULD NOT BENEFIT FROM23
488488 THE UTILITY'S PARTICIPATION IN THE PROGRAM.24
489489 (II) M
490490 AKE THE UTILITY'S ON-BILL REPAYMENT PROGRAM25
491491 AVAILABLE TO ELECTRIC-ONLY CUSTOMERS, GAS-ONLY CUSTOMERS, AND26
492492 DUAL-FUEL CUSTOMERS;27
493493 HB25-1268
494494 -14- (III) DESCRIBE HOW THE LARGE REGULATED UTILITY WOULD USE1
495495 MONEY FROM THE STATE UTILITY ON -BILL REPAYMENT PROGRAM TO2
496496 IMPLEMENT AN ON-BILL REPAYMENT PROGRAM OR , IF THE UTILITY HAS AN3
497497 APPROVED ON-BILL REPAYMENT PROGRAM , DESCRIBE WHAT ENERGY4
498498 EFFICIENCY MEASURES AND ELECTRIFICATION MEASURES WILL BE5
499499 SUPPORTED WITH FUNDING FROM THE STATE UTILITY ON -BILL REPAYMENT6
500500 PROGRAM;7
501501 (IV) I
502502 F THE LARGE REGULATED UTILITY DOES NOT HAVE AN8
503503 APPROVED ON-BILL REPAYMENT PROGRAM , DESCRIBE HOW THE UTILITY9
504504 WILL OFFER THE ON-BILL REPAYMENT PROGRAM TO ITS RESIDENTIAL10
505505 CUSTOMERS;11
506506 (V) I
507507 NCLUDE INFORMATION CONCERNING HOW THE UTILITY WILL12
508508 ALLOW NONPROFIT ORGANIZATIONS AND HOMEOWNERS ' ASSOCIATIONS TO13
509509 PARTICIPATE IN THE ON-BILL REPAYMENT PROGRAM IF THE COMMISSION ,14
510510 IN REVIEWING THE UTILITY'S APPLICATION, DETERMINES THAT INCLUSION15
511511 OF NONPROFIT ORGANIZATIONS AND HOMEOWNERS ' ASSOCIATIONS IN THE16
512512 ON-BILL REPAYMENT PROGRAM :17
513513 (A) W
514514 ILL NOT CREATE TOO HIGH A RISK OF DEFAULT ON18
515515 REPAYMENTS OF LOANS PROVIDED THROUGH THE ON -BILL REPAYMENT19
516516 PROGRAM; AND20
517517 (B) I
518518 S IN THE PUBLIC INTEREST;21
519519 (VI) F
520520 OR A LARGE REGULATED UTILITY THAT PROVIDES BOTH GAS22
521521 AND ELECTRIC SERVICE, INDICATE THAT THE UTILITY WILL ALLOW23
522522 COMBINED FUEL CUSTOMERS, ELECTRIC-ONLY CUSTOMERS, AND GAS-ONLY24
523523 CUSTOMERS TO PARTICIPATE IN THE ON-BILL REPAYMENT PROGRAM ; AND25
524524 (VII) I
525525 F THE LARGE REGULATED UTILITY INTENDS TO RECOVER ITS26
526526 COSTS FOR ADMINISTERING THE ON-BILL REPAYMENT PROGRAM , DESCRIBE27
527527 HB25-1268
528528 -15- HOW IT INTENDS TO RECOVER ITS COSTS . A LARGE REGULATED UTILITY1
529529 MAY RECOVER ITS COSTS IN ACCORDANCE WITH SECTION 24-38.5-603 (4)2
530530 BUT SHALL NOT RECOVER ITS COSTS THROUGH THE INTEREST RATE3
531531 ESTABLISHED FOR A LOAN MADE UNDER THE ON -BILL REPAYMENT4
532532 PROGRAM.5
533533 (b) A
534534 LARGE REGULATED UTILITY THAT, ON THE EFFECTIVE DATE6
535535 OF THIS SECTION, DOES NOT ALREADY HAVE AN EXISTING ON -BILL7
536536 REPAYMENT PROGRAM THAT HAS BEEN APPROVED BY THE COMMISSION8
537537 SHALL FILE THE APPLICATION DESCRIBED IN SUBSECTION (2)(a) OF THIS9
538538 SECTION ON OR BEFORE DECEMBER 31, 2026.10
539539 (3) F
540540 OR A GAS-ONLY CUSTOMER OF A LARGE REGULATED UTILITY ,11
541541 THE COMMISSION, IN APPROVING THE UTILITY 'S APPLICATION FILED12
542542 PURSUANT TO SUBSECTION (2) OF THIS SECTION, SHALL REQUIRE A13
543543 GAS-ONLY CUSTOMER PARTICIPATING IN THE ON -BILL REPAYMENT14
544544 PROGRAM, FOR THE PURPOSE OF SHIFTING SPACE HEATING OR WATER15
545545 HEATING FROM GAS TO ELECTRIC SERVICE , TO RETAIN, AND PAY SERVICE16
546546 FEES FOR, THE CUSTOMER'S GAS METER UNTIL THE LOAN RECEIVED UNDER17
547547 THE UTILITY'S ON-BILL REPAYMENT PROGRAM HAS BEEN FULLY REPAID .18
548548 (4) I
549549 N DEVELOPING A PROPOSED PLAN FOR WHICH AN APPLICATION19
550550 IS SUBMITTED PURSUANT TO SUBSECTION (2) OF THIS SECTION, A LARGE20
551551 REGULATED UTILITY SHALL ENGAGE IN A STAKEHOLDER PROCESS AND21
552552 INVITE AND RECEIVE PUBLIC INPUT ABOUT THE PROPOSED PLAN ,22
553553 INCLUDING THROUGH HOLDING WORKSHOPS IN THE LARGE REGULATED23
554554 UTILITY'S SERVICE TERRITORY. THE LARGE REGULATED UTILITY SHALL24
555555 SOLICIT PUBLIC INPUT REGARDING THE FOLLOWING ASPECTS OF THE25
556556 PROPOSED PLAN:26
557557 (a) E
558558 LIGIBLE ENERGY EFFICIENCY MEASURES , ELECTRIFICATION27
559559 HB25-1268
560560 -16- MEASURES, AND ENERGY UPGRADES UNDER THE LARGE REGULATED1
561561 UTILITY'S PROPOSED PLAN;2
562562 (b) A
563563 NY PROPOSED USE OF RATEPAYER MONEY INTENDED FOR THE3
564564 PURPOSES OF AUGMENTING OR EXPANDING UPON FINANCING RECEIVED4
565565 THROUGH THE STATE UTILITY ON-BILL REPAYMENT PROGRAM ;5
566566 (c) A
567567 NY CONSUMER PROTECTIONS PROVIDED IN ADDITION TO THE6
568568 MINIMUM PROTECTIONS REQUIRED PURSUANT TO SECTION 24-38.5-603 (5);7
569569 AND8
570570 (d) P
571571 LANS FOR MARKETING THE STATE UTILITY ON -BILL9
572572 REPAYMENT PROGRAM , OR THE UTILITY'S OWN ON-BILL REPAYMENT10
573573 PROGRAM, AS APPLICABLE, TO THE LARGE REGULATED UTILITY 'S11
574574 CUSTOMERS.12
575575 (5) T
576576 HE COMMISSION SHALL REVIEW AND APPROVE , DISAPPROVE,13
577577 OR APPROVE WITH MODIFICATIONS A LARGE REGULATED UTILITY 'S14
578578 APPLICATION SUBMITTED PURSUANT TO SUBSECTION (2) OF THIS SECTION.15
579579 I
580580 N REVIEWING AN APPLICATION, THE COMMISSION SHALL DETERMINE IF16
581581 THE LARGE REGULATED UTILITY'S PROPOSED PLAN FOR PARTICIPATION IN17
582582 THE STATE UTILITY ON-BILL REPAYMENT PROGRAM IS IN THE PUBLIC18
583583 INTEREST, AND, IF THE COMMISSION DETERMINES THAT THE PROPOSED19
584584 PLAN IS NOT IN THE PUBLIC INTEREST, THE COMMISSION MAY MODIFY20
585585 SPECIFIC PORTIONS OF THE PROPOSED PLAN TO BRING THE PROPOSED PLAN21
586586 INTO ALIGNMENT WITH THE PUBLIC INTEREST .22
587587 (6) T
588588 HE COMMISSION MAY ADOPT RULES TO REQUIRE :23
589589 (a) C
590590 OMMISSION-REGULATED UTILITIES THAT ARE NOT LARGE24
591591 REGULATED UTILITIES TO PARTICIPATE IN THE STATE UTILITY ON -BILL25
592592 REPAYMENT PROGRAM OR OPERATE THEIR OWN ON -BILL REPAYMENT26
593593 PROGRAMS; AND27
594594 HB25-1268
595595 -17- (b) A LARGE REGULATED UTILITY TO EXTEND ITS ON -BILL1
596596 REPAYMENT PROGRAM TO NONRESIDENTIAL CLASSES OF CUSTOMERS . IN2
597597 CONSIDERING WHETHER TO REQUIRE SUCH EXTENSION , THE COMMISSION3
598598 SHALL CONSIDER:4
599599 (I) T
600600 HE NEED FOR NONRESIDENTIAL CLASSES OF CUSTOMERS TO5
601601 PARTICIPATE IN THE UTILITY'S ON-BILL REPAYMENT PROGRAM ;6
602602 (II) T
603603 HE AVAILABILITY OF SUFFICIENT CAPITAL TO FINANCE7
604604 PARTICIPATION BY NONRESIDENTIAL CLASSES OF CUSTOMERS ; AND8
605605 (III) T
606606 HE RISK OF NONREPAYMENT OF LOANS MADE THROUGH THE9
607607 UTILITY'S ON-BILL REPAYMENT PROGRAM IF LOANS ARE MADE TO10
608608 NONRESIDENTIAL CLASSES OF CUSTOMERS .11
609609 SECTION 4. In Colorado Revised Statutes, 38-13-801, add (3.3)12
610610 as follows:13
611611 38-13-801. Unclaimed property trust fund - creation -14
612612 payments - interest - appropriations - records - rules. (3.3) (a) A
613613 FTER15
614614 RESERVING THE AMOUNTS DESCRIBED IN SUBSECTION (3)(b) OF THIS16
615615 SECTION AND TRANSMITTING THE MONEY NECESSARY FOR THE PURPOSES17
616616 DESCRIBED IN SUBSECTION (3)(a) OF THIS SECTION, THE STATE TREASURER18
617617 SHALL CREDIT TO THE STATE UTILITY ON-BILL REPAYMENT PROGRAM CASH19
618618 FUND CREATED IN SECTION 24-38.5-607 AN AMOUNT OF PRINCIPAL AND20
619619 INTEREST IN THE UNCLAIMED PROPERTY TRUST FUND THAT IS SUFFICIENT ,21
620620 AS DETERMINED BY THE COLORADO ENERGY OFFICE PURSUANT TO22
621621 SECTION 24-38.5-603 (2), TO IMPLEMENT THE STATE UTILITY ON -BILL23
622622 REPAYMENT PROGRAM CREATED IN SECTION 24-38.5-603 (1)(a).24
623623 (b) O
624624 N JULY 1, 2025, THE STATE TREASURER SHALL MAKE AN25
625625 INTEREST-FREE LOAN IN THE AMOUNT OF ONE HUNDRED MILLION DOLLARS26
626626 FROM THE UNCLAIMED PROPERTY TRUST FUND TO THE STATE UTILITY27
627627 HB25-1268
628628 -18- ON-BILL REPAYMENT PROGRAM CASH FUND CREATED IN SECTION1
629629 24-38.5-607.
630630 THE COLORADO ENERGY OFFICE MAY USE UP TO TWO2
631631 PERCENT OF THE LOAN FOR ITS ADMINISTRATIVE COSTS AND SHALL :3
632632 (I) U
633633 SE THE LOAN TO SUPPORT UTILITY ON -BILL REPAYMENT4
634634 PROGRAMS, AS DESCRIBED IN SECTION 24-38.5-603; AND 5
635635 (II) P
636636 AY THE LOAN BACK TO THE UNCLAIMED PROPERTY TRUST6
637637 FUND BY JULY 1, 2045.7
638638 SECTION 5. Safety clause. The general assembly finds,8
639639 determines, and declares that this act is necessary for the immediate9
640640 preservation of the public peace, health, or safety or for appropriations for10
641641 the support and maintenance of the departments of the state and state11
642642 institutions.12
643643 HB25-1268
644644 -19-