SENATE Amended 3rd Reading May 8, 2012 SENATE Amended 2nd Reading May 7, 2012Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 12-0903.01 Jennifer Berman x3286SENATE BILL 12-183 SENATE SPONSORSHIP Boyd, HOUSE SPONSORSHIP Tyler, Senate Committees House Committees Health and Human Services Appropriations A BILL FOR AN ACT Concerning restrictions on a utility's ability to disconnect certain residential customers' utility service, and, in connection therewith, directing the commission on low-income energy assistance to review and report on the effectiveness of existing measures concerning discontinuance of service and low-income rate relief. 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://www.leg.state.co.us/billsummaries.) Currently, utilities providing gas and electric services to residential customers are prohibited from terminating service during certain periods if the termination would be especially dangerous to the health or safety of the customer. The bill adds additional circumstances under which utilities providing gas or electric heating services for residential customers may not disconnect a residential customer's service between the months of November and March if the customer demonstrates that he or she is a member of a low-income household or that he or she, or a member of his or her household, is in the military and has been deployed on active duty. In addition to demonstrating his or her income eligibility, a residential customer who is a member of a low-income household must apply for a payment plan with the utility and demonstrate his or her eligibility, and application, for low-income energy assistance to be exempt from disconnection between the months of November and March. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 40-2-108, add (3) as follows: 40-2-108. Rules - repeal. (3) (a) The commission shall require natural gas and electric utilities subject to its jurisdiction to provide the commission on low-income energy assistance, created in section 40-8.5-103.5, data concerning notification and discontinuance of utility service to residential customers and terms and collection methods for payment plans entered into with residential customers to assist with the assessment and review required by section 40-8.5-103.5 (5). (b) For purposes of this subsection (3), "utility" does not include cooperative electric associations and municipally owned utilities. (c) This subsection (3) is repealed, effective July 1, 2014. SECTION 2. In Colorado Revised Statutes, 40-8.5-103.5, add (5) as follows: 40-8.5-103.5. Commission created - duties - repeal. (5) (a) On or before December 15, 2013, the commission shall make recommendations to the governor, the speaker of the house of representatives, the president of the senate, and the house committee on health and environment and the senate committee on health and human services, or their successor committees, concerning any necessary legislative changes to existing measures intended to prevent the discontinuance of residential electric and natural gas service during periods of extreme weather. The commission shall consider current practices, policies, and rules that address the discontinuance of service to low-income households, including vendor agreement requirements of the low-income energy assistance program, created in section 40-8.7-104, rules of the Colorado public utilities commission concerning discontinuance of natural gas and electric utility service and low-income rate relief, and current utility practices. (b) The commission shall also review and, pursuant to paragraph (a) of this subsection (5), make any necessary legislative recommendations with respect to: (I) The financial impacts that rising energy costs have on residential utility customers; and (II) Utility payment plans, including the terms of existing payment plans, the means by which a utility may enforce the terms of a payment plan, and the likelihood that a customer will fully comply with a payment plan. (c) The commission shall review data provided by utilities pursuant to section 40-2-108 (3) to assess the impact that existing utility rules, agreements, and policies have on low-income residential customers. (d) The commission may accept and expend public and private funding to assist in the conduct of the assessment and review required by paragraphs (a) and (b) of this subsection (5), including assistance from the existing resources of the department of human services, created in section 24-1-120, C.R.S., the existing resources of the Colorado public utilities commission, and the resources of energy outreach Colorado, a Colorado nonprofit corporation, as described in section 40-8.7-112 (2) (a). The commission shall deposit all funding it receives pursuant to this paragraph (d) into the human services low-income energy assistance fund created in section 40-8.7-112 (1) (a). (e) This subsection (5) is repealed, effective July 1, 2014. SECTION 3. In Colorado Revised Statutes, 40-8.7-112, add (1) (f) as follows: 40-8.7-112. Department of human services low-income energy assistance fund - creation - energy outreach Colorado low-income energy assistance fund - creation - governor's energy office low-income energy assistance fund - creation - definitions. (1) (f) Notwithstanding any provision of paragraph (a) of this subsection (1) to the contrary, the department of human services may accept and expend public and private gifts, grants, and donations for deposit into the fund for purposes of the assessment and review required by section 40-8.5-103.5 (5). SECTION 4. 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.