NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      SENATE BILL 07-022
      
      
      BY SENATOR(S) Veiga, Bacon, Boyd, Groff, Isgar, Morse, Romer,
      Schwartz, Shaffer, Tapia, Tochtrop, Williams, and Windels;
      also REPRESENTATIVE(S) Frangas, Borodkin, Butcher, Carroll M.,
      Casso, Gibbs, Green, Hodge, Labuda, Levy, Marostica, Peniston,
      Primavera, Solano, and Todd.
      
      
      Concerning the authority of the public utilities commission to
           consider the needs of low-income households when setting
           utility rates for energy.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  40-3-106 (1) (a), Colorado Revised Statutes, is
      amended, and the said 40-3-106 (1) is further amended BY THE
      ADDITION OF A NEW PARAGRAPH, to read:
      
           40-3-106.  Advantages prohibited - graduated schedules -
      consideration of household income and other factors - definitions. 
      (1) (a)  Except when operating under paragraph (c) paragraph (c) or (d)
      of this subsection (1) or pursuant to article 3.4 of this title, no public utility,
      as to rates, charges, service, or facilities, or in any other respect, shall make
      or grant any preference or advantage to any corporation or person or subject
      any corporation or person to any prejudice or disadvantage.  No public
      utility shall establish or maintain any unreasonable difference as to rates,
      charges, service, facilities, or in any respect, either between localities or as
      between any class of service.  The commission has the power to determine
      any question of fact arising under this section.
      
           (d) (I)  Notwithstanding any provision of articles 1 to 7 of
      this title to the contrary, the commission may approve any rate,
      charge, service, classification, or facility of a gas or electric
      utility that makes or grants a reasonable preference or
      advantage to low-income customers, and the implementation of
      such commission-approved rate, charge, service, classification, or
      facility by a public utility shall not be deemed to subject any
      person or corporation to any prejudice, disadvantage, or undue
      discrimination.
      
           (II)  As used in this paragraph (d), a "low-income utility
      customer" means a utility customer who:
      
           (A)  Has a household income at or below one hundred
      eighty-five percent of the current federal poverty level; and
      
           (B)  Otherwise meets the eligibility criteria set forth in
      rules of the department of human services adopted pursuant to
      section 40-8.5-105.
      
           (III)  When considering whether to approve a rate that
      makes or grants a reasonable preference or advantage to
      low-income utility customers, the commission shall take into
      account the potential impact on, and cost-shifting to, utility
      customers other than low-income utility customers.
      
           SECTION 2.  Safety clause.  The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ____________________________  ____________________________
      Joan Fitz-Gerald                      Andrew Romanoff
      PRESIDENT OF                     SPEAKER OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
      
      
      ____________________________  ____________________________
      Karen Goldman                          Marilyn Eddins
      SECRETARY OF                 CHIEF CLERK OF THE HOUSE
      THE SENATE                         OF REPRESENTATIVES
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Ritter, Jr.
                                    GOVERNOR OF THE STATE OF COLORADO