First Regular Session Seventy-fifth General Assembly STATE OF COLORADO REVISED This Version Includes All Amendments Adopted on Second Reading in the Second House LLS NO. 25-0583.01 Jennifer Berman x3286 SENATE BILL 25-068 Senate Committees House Committees Transportation & Energy Energy & Environment A BILL FOR AN ACT C ONCERNING A MUNICIPALLY OWNED UTILITY 'S VOLUNTARY101 ELECTION TO PARTICIPATE IN THE UNCLAIMED UTILITY102 DEPOSITS PROGRAM.103 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 unclaimed utility deposits program (program) helps finance electric and gas utility bill payment assistance for income-qualified households. The program is partially funded by electric and gas utilities' contributions of money that are owed to utility ratepayers but that has remained unclaimed by the ratepayers for more than 2 years. The bill HOUSE Amended 2nd Reading March 18, 2025 SENATE 3rd Reading Unamended February 19, 2025 SENATE 2nd Reading Unamended February 18, 2025 SENATE SPONSORSHIP Snyder and Lundeen, Exum, Liston HOUSE SPONSORSHIP Pugliese and Paschal, Bradfield, Caldwell, English, Richardson 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. clarifies that a municipally owned electric or gas utility may elect to participate in the program. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, amend 40-8.5-1022 as follows:3 40-8.5-102. Applicability. (1) This article shall apply ARTICLE4 8.5 APPLIES to any electric or gas utility, as defined by section 40-8.5-103;5 except that this article shall apply ARTICLE 8.5 APPLIES only to those6 cooperative electric associations, as defined by section 40-9.5-102, which7 THAT notify the commission that they elect to come under this article8 ARTICLE 8.5.9 (2) EXCEPT AS PROVIDED IN SECTION 40-8.5-106, THIS ARTICLE 8.510 DOES NOT APPLY TO MUNICIPALLY OWNED UTILITIES .11 SECTION 2. In Colorado Revised Statutes, 40-8.5-103, amend12 (3) and (4) as follows:13 40-8.5-103. Definitions. As used in this article 8.5, unless the14 context otherwise requires:15 (3) (a) "Electric utility" means every electrical corporation16 operating for the purpose of supplying electricity to the public for17 domestic, mechanical, or public uses and includes every public utility18 supplying electricity; except that this definition includes only those19 cooperative electric associations which THAT notify the commission20 that they elect to come under this article ARTICLE 8.5.21 (b) "ELECTRIC UTILITY" DOES NOT INCLUDE A MUNICIPALLY22 OWNED UTILITY.23 (4) "Gas utility" means every gas corporation operating for the24 purpose of supplying gas to the public for domestic, mechanical, or public25 068-2- uses and includes every public utility supplying gas; EXCEPT THAT THIS1 DEFINITION EXCLUDES MUNICIPALLY OWNED UTILITIES .2 SECTION 3. In Colorado Revised Statutes, amend 40-8.5-106 as3 follows:4 40-8.5-106. Unclaimed deposits. (1) Unclaimed deposits shall5 be paid by the electric and gas utilities into the fund designated by the6 commission pursuant to section 40-8.5-104.7 (2) A MUNICIPALLY OWNED UTILITY:8 (a) MAY ELECT TO PAY UNCLAIMED DEPOSITS INTO EITHER THE9 FUND DESIGNATED BY THE COMMISSION PURSUANT TO SECTION 40-8.5-10410 OR INTO A FUND DESIGNATED BY THE GOVERNING BODY OF THE11 MUNICIPALLY OWNED UTILITY TO ACCOMPLISH THE GOALS SET FORTH IN12 THIS ARTICLE 8.5; AND13 (b) SHALL DEFINE UNCLAIMED DEPOSITS IN A MANNER CONSISTENT14 WITH THE DEFINITION OF "UNCLAIMED MONEYS" SET FORTH IN SECTION15 40-8.5-103 (5).16 SECTION 4. Act subject to petition - effective date. This act17 takes effect at 12:01 a.m. on the day following the expiration of the18 ninety-day period after final adjournment of the general assembly; except19 that, if a referendum petition is filed pursuant to section 1 (3) of article V20 of the state constitution against this act or an item, section, or part of this21 act within such period, then the act, item, section, or part will not take22 effect unless approved by the people at the general election to be held in23 November 2026 and, in such case, will take effect on the date of the24 official declaration of the vote thereon by the governor.25 068 -3-