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Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO.
NOTE:
26-0061.01 Christopher McMichael x4775 SENATE BILL 26-002 SENATE SPONSORSHIP Kipp and Exum, Amabile, Ball, Benavidez, Coleman, Cutter, Gonzales J., Kolker, Lindstedt, Marchman, Roberts, Snyder, Wallace, Weissman HOUSE SPONSORSHIP Willford andVelasco, Boesenecker,Brown,Duran,Goldstein,Jackson,Joseph,Lindsay, McCormick, Nguyen, Rutinel, Rydin, Smith d n e 2 E a 2 U U , O i 1 H a a Senate Committees House Committees R M Transportation & Energy Energy & Environment r Appropriations 3 g A BILL FOR AN ACT d 2 E a 2 C ONCERNING ENERGY AFFORDABILITY , AND , IN CONNECTION S R , O d 1 H 2 a THEREWITH , ESTABLISHING A PERCENTAGE OF -INCOME e M n PAYMENT PLAN PROGRAM FOR INCOME QUALIFIED UTILITY e A CUSTOMERS .
This bill has been prepared for the signatures of the appropriate legislative officers and the Governor.
Bill Summary d d e 2 (Note:
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.
This summary applies to this bill as introduced and does E a 0 notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill A U , N n 1 passes third reading in the house of introduction, a bill summary that S a r applies to the reengrossed version of this bill will be available at e A r http://leg.colorado.gov.) 3 The bill requires an investor-owned electric utility (utility) to submit a proposal to the public utilities commission (PUC) that n d establishes a first allotment of residential electricity service (FARE e 2 E R 2 A n 6 E 2 l Shading denotes HOUSE amendment.
SENATE BILL 26-002 BY SENATOR(S) Kipp and Exum, Amabile, Ball, Benavidez, Cutter, Gonzales J., Kolker, Lindstedt, Marchman, Roberts, Snyder, Wallace, Weissman, Coleman;
Double underlining denotes SENATE amendment.
also REPRESENTATIVE(S) Willford and Velasco, Boesenecker, Brown, Duran,Goldstein,Jackson,Joseph,Lindsay,McCormick,Nguyen,Rutinel, Rydin, Smith.
S e p Capital letters or bold & italic numbers indicate new material to be added to existing law.n A Dashes through the words or numbers indicate deletions from existing law.
CONCERNING ENERGY AFFORDABILITY ,AND ,IN CONNECTION THEREWITH , ESTABLISHINGAPERCENTAGE -OF-INCOMEPAYMENTPLANPROGRAM FOR INCOME -QUALIFIED UTILITY CUSTOMERS .
m A service) program.
The FARE service program provides a minimum level of electricity at a marginal cost rate for income-qualified utility customers.
A FARE service proposal that a utilitysubmits to the PUC must include:
! Theamountofelectricitythatqualifiesasaminimumlevel of electricity for an average income-qualified utility customer based on monthly usage to support a customer's basic needs;
! A marginal cost rate on a per-kilowatt-hour basis for delivering electricity to a customer, which marginal cost rate must be lower than the residential customer rate that the income-qualified utility customer would normally be charged;
and ! A description of the process bywhich an income-qualified utility customer may enroll in the FARE service program.
The PUC shall approve a utility's FARE service proposal if the PUC determines that the proposed FARE service would be in the public interest.
Energy affordability - percentage-of-income payment plan program - eligibility and participation - cost recovery - definitions - rules.
Energyaffordability-percentage-of-incomepayment planprogram-eligibilityandparticipation-costrecovery-definitions - rules.
AUSED IN THIS SECTIO,UNLESS THE CONTEXT OTHERWISE REQUIRES :
AS USED IN THIS SECTION ,UNLESS THE CONTEXT OTHERWISE REQUIRES :
(a)(I) "AMINISTRATIVECOSTS "MEANSAUTILITY 'SDIRECTCOSTS FORLABOR ,INCLUDINGAPPLICABLEBENEFITLOADINGS MATERIALS AND OTHER VERIFIABLE EXPENDITURES DIRECTLY RELATED TO THE ADMINISTRATION AND OPERATION OF A PIPP PROGRAM .
________ Capital letters or bold & italic numbers indicate new material added to existing law;
(II) AMINISTRATIVE COSTS MUST NOT EXCEED TEN PERCENT OF THE TOTAL AMOUNT OF THE FIXED CREDITS APPLIED TO CUSTOMER BILLS FORCURRENTUSAGEANDPRE -EXISTINGARREARAGES ,ORTENTHOUSAND -2- 002 DOLLARS ,WHICHEVER AMOUNT IS GREATER .
dashes through words or numbers indicate deletions from existing law and such material is not part of the act.
(b) "AFFORDABLE PERCENTAGE OFINCOME "MEANSTHE AMOUNT OFAPARTICIPANT SANNUALBILLTHATISDEEMEDAFFORDABLEBASEDON A PARTICIPANT S ANNUAL HOUSEHOLD INCOME , AS DETERMINED PURSUANT TO SUBSECTIONS (4)(bAND (4)(cOF THIS SECTION.
(a) (I) "DMINISTRATIVE COSTS " MEANS A UTILITY'S DIRECT COSTS FOR LABOR ,INCLUDING APPLICABLE BENEFIT LOADINGS ,MATERIALS ,AND OTHER VERIFIABLE EXPENDITURES DIRECTLY RELATED TO THE ADMINISTRATION AND OPERATION OF A PIPP PROGRAM .
(c) "APPLICATION"MEANS :
(II) ADMINISTRATIVECOSTSMUSTNOTEXCEEDTENPERCENTOFTHE TOTAL AMOUNT OF THE FIXED CREDITS APPLIED TO CUSTOMER BILLS FOR CURRENT USAGE AND PRE -EXISTING ARREARAGES , OR TEN THOUSAND DOLLARS ,WHICHEVER AMOUNT IS GREATER .
(I) AREQUEST BY AN APPLICANT TO PARTICIPATE IN A UTILITYS PIPP PROGRAM ,IF AN INVESTOR OWNED UTILITY OFFERS THEIR OWN APPLICATION PROCESS;
(b) "AFFORDABLEPERCENTAGEOFINCOME "MEANSTHEAMOUNTOF A PARTICIPANT S ANNUAL BILL THAT IS DEEMED AFFORDABLE BASED ON A PARTICIPANT'SANNUALHOUSEHOLDINCOME ,ASDETERMINEDPURSUANTTO SUBSECTIONS (4)(b)AND (4)(c)OF THIS SECTION.
(II) AEFERRALBYATHIRDPARTY ASDESCRIBEDINSUBSECTION (3)(a)(II)(B) THIS SECTION,FOR AN APPLICANT TO PARTICIPATE IN A UTILIT'SPIPP PROGRAM ;OR (III) APROCESS DETERMINED BY THE COMMISSION BY ORDER OR BY RULE.
(c) "A PPLICATION"MEANS :
(d) "ARREARAGE "MEANS THE PAST -DUE BALANCE OWED BY A PARTICIPANTINAPERCENTAGE -OF-INCOMEPAYMENTPLANPROGRAMFOR UTILITYSERVICE,ASSHOWNONTHE MOST RECENT BILLRECEIVEDBYTHE PARTICIPANT BEFORE THE PARTICIPANT S INITIAL ENROLLMENT IN THE PIPPPROGRAM .
(I) AREQUESTBYANAPPLICANTTOPARTICIPATEINAUTILITY SPIPP PROGRAM ,IFANINVESTOR -OWNEDUTILITYOFFERSTHEIROWNAPPLICATION PROCESS ;
(e) (I) "FED CREDIT "MEANS AN ANNUAL BILL CREDIT THAT IS CALCULATED BY A UTILITY AT THE BEGINNING OF A PARTICIPANT S PARTICIPATION IN THE UTILITYS PIPP PROGRAM EACH YEAR AND IS DELIVERED EITHER AS AN UP FRONT ANNUAL CREDIT OR AS AN EQUAL MONTHLY CREDIT ON THE PARTICIPANT S MONTHLY UTILITY BILL.
(II) A REFERRAL BY A THIRD PARTY ,AS DESCRIBED IN SUBSECTION (3)(a)(II)(BOF THIS SECTION ,FOR AN APPLICANT TO PARTICIPATE IN A UTILITYS PIPP PROGRAM ;OR (III) APROCESS DETERMINED BY THE COMMISSION BY ORDER OR BY RULE .
(II) THE FIXED CREDIT IS EQUAL TO THE PARTICIPANT'S TOTAL PROJECTED FULL ANNUAL BILL MINUS THE PARTICIPANT S AFFORDABLE PERCENTAGE OF INCOME PAYMENT .
(d) "A RREARAGE " MEANS THE PAST -DUE BALANCE OWED BY A PARTICIPANT IN A PERCENTAGE -OF-INCOME PAYMENT PLAN PROGRAM FOR UTILITY SERVICE,AS SHOWN ON THE MOST RECENT BILL RECEIVED BY THE PARTICIPANT BEFORE THE PARTICIPANT S INITIALENROLLMENT INTHE PIPP PROGRAM .
-3- 002 (f) "FULL ANNUAL BILL"MEANS THE PROJECTED ELECTRICITY OR GAS CONSUMPTION OF A PARTICIPANT IN ONE CALENDAR YEAR BILLED AT STANDARD RESIDENTIAL RATES BEFORE ANY FIXED CREDIT AMOUNT OR OTHER CREDITS OR DISCOUNTS ARE APPLIED TO THE BIL.
(e) (I) "FIXED CREDIT" MEANS AN ANNUAL BILL CREDIT THAT IS CALCULATED BY A UTILITY AT THE BEGINNING OF A PARTICIPANT 'S PARTICIPATION IN THE UTILITY S PIPP PROGRAM EACH YEAR AND IS DELIVERED EITHER AS AN UP -FRONT ANNUAL CREDIT OR AS AN EQUAL MONTHLY CREDIT ON THE PARTICIPANT 'S MONTHLY UTILITY BILL.
(g) "INCOME -QUALIFIED UTILITY CUSTOMER"HAS THE MEANING SET FORTH IN SECTION40-3-106 (1)(d)(II).
PAGE 2-SENATE BILL 26-002 (II) T HE FIXED CREDIT IS EQUAL TO THE PARTICIPANT S TOTAL PROJECTED FULL ANNUAL BILL MINUS THE PARTICIPANT 'S AFFORDABLE PERCENTAGE OF INCOME PAYMENT .
(h) "INVESTOR OWNED UTILITY " OR "UTILIT" MEANS A RETAIL ELECTRICUTILITY RETAILGASUTILITY ,ORACOMBINEDRETAILELECTRIC AND GAS UTILITY IN THE STATE THAT IS REGULATED BY THE COMMISSION AND IS NOT A COOPERATIVE ELECTRIC ASSOCIATION OR A MUNICIPALLY OWNED UTILITY .
(f) "FLLANNUALBILL " MEANSTHEPROJECTEDELECTRICITYORGAS CONSUMPTION OF A PARTICIPANT IN ONE CALENDAR YEAR BILLED AT STANDARD RESIDENTIAL RATES BEFORE ANY FIXED CREDIT AMOUNT OR OTHER CREDITS OR DISCOUNTS ARE APPLIED TO THE BILL.
(i) "P ARTICIPANT" MEANS AN INCOME -QUALIFIED UTILITY CUSTOMER WHO IS APPROVED FOR PARTICIPATION IN A UTILITY S PERCENTAGE OF-INCOME PAYMENT PLAN PROGRAM .
(g) "ICOME QUALIFIEDUTILITYCUSTOMER " HASTHEMEANINGSET FORTH IN SECTION 40-3-106 (1)(d)(II).
(j) "PRCENTAGE -OF-INCOMEPAYMENTPLANPROGRAM "OR "PIPP PROGRAM " MEANS A PAYMENT PLAN PROGRAM FOR RESIDENTIAL PARTICIPANTSINWHICHAPARTICIPANT SUTILITYBILLDOESNOT EXCEED AN AFFORDABLE PERCENTAGE OF INCOME .
(h) "INVESTOR OWNED UTILITY " OR "UTILITY" MEANS A RETAIL ELECTRIC UTILITY,RETAIL GAS UTILITY,OR A COMBINED RETAIL ELECTRIC AND GAS UTILITY IN THE STATE THAT IS REGULATED BY THE COMMISSION AND IS NOT A COOPERATIVE ELECTRIC ASSOCIATION OR A MUNICIPALLY OWNED UTILITY .
(k) "PIPP CHARGE " MEANS A FEE CHARGED TO AN INVESTOR -OWNED UTILITYS CUSTOMERS IN ACCORDANCE WITH SUBSECTION (7)OF THIS SECTION TO RECOVER COSTS ASSOCIATED WITH THE UTILITYS PIPPPROGRAM .
(i) "PRTICIPANT "MEANSANINCOME QUALIFIEDUTILITYCUSTOMER WHO IS APPROVED FOR PARTICIPATION IN A UTILITY 'S PERCENTAGE OF INCOME PAYMENT PLAN PROGRAM .
(l) "U NAFFORDABLE PORTION " MEANS THE AMOUNT OF A PARTICIPANT S ESTIMATED FULL ANNUAL BILL THAT EXCEEDS THE AFFORDABLE PERCENTAGE OF INCOME PAID BY THE PARTICIPANT .
(j) "PERCENTAGE -OF-INCOME PAYMENT PLAN PROGRAM " OR "PIPP PROGRAM " MEANS A PAYMENT PLAN PROGRAM FOR RESIDENTIAL PARTICIPANTSINWHICHAPARTICIPANT 'SUTILITYBILLDOESNOTEXCEEDAN AFFORDABLE PERCENTAGE OF INCOME .
(k) "PIPPCHARGE "MEANSAFEECHARGEDTOANINVESTOR OWNED UTILITYS CUSTOMERS IN ACCORDANCE WITH SUBSECTION (7) OF THIS SECTION TO RECOVER COSTS ASSOCIATED WITH THE UTILITY S PIPP PROGRAM .
(l) "UNAFFORDABLE PORTION " MEANS THE AMOUNT OF A PARTICIPANT S ESTIMATED FULL ANNUAL BILL THAT EXCEEDS THE AFFORDABLE PERCENTAGE OF INCOME PAID BY THE PARTICIPANT .
(a) A N INVESTOR -OWNED UTILITY SHALL ESTABLISH A -4- 002 PERCENTAGE -OF-INCOME PAYMENT PLAN PROGRAM FOR RESIDENTIAL INCOME QUALIFIED UTILITY CUSTOMERS.
(a) A N INVESTOR -OWNED UTILITY SHALL ESTABLISH A PERCENTAGE OF INCOME PAYMENT PLAN PROGRAM FOR RESIDENTIAL PAGE 3-SENATE BILL 26-002 INCOME -QUALIFIED UTILITY CUSTOMERS .
(b) ANINVESTOR-OWNEDUTILITYSHALLUSECONSISTENTNAMING FORTHE PIPP PROGRAMINTARIFFS RATES CUSTOMERCOMMUNICATIONS , AND BILL STATEMENTS ,WHICH NAME MUST INCLUDE THE WORDS "PERCENTAGE -OFINCOME PAYMENT PLAN PROGRAM ".
(b) AN INVESTOR -OWNED UTILITY SHALL USE CONSISTENT NAMING FOR THE PIPP PROGRAM IN TARIFFS,RATES ,CUSTOMER COMMUNICATIONS , AND BILL STATEMENTS , WHICH NAME MUST INCLUDE THE WORDS "PERCENTAGE -OF-INCOME PAYMENT PLAN PROGRAM ".
(c) ANINVESTOR-OWNEDUTILITYSHALLPUBLISHTHEFOLLOWING INFORMATION RELATED TO THEPIPP PROGRAM ON THE UTILITYS PUBLIC WEBSITE:
(c) AN INVESTOR -OWNED UTILITY SHALL PUBLISH THE FOLLOWING INFORMATION RELATED TO THE PIPP PROGRAM ON THE UTILITY 'S PUBLIC WEBSITE :
(I) TE INCOME ELIGIBILITY CRITERIA FOR TPIPPPROGRAM ;
(I) THE INCOME ELIGIBILITY CRITERIA FOR THPIPP PROGRAM ;
(II) A EXPLANATION OF WHAT THE PIPPPROGRAM DOES ;
(II) AN EXPLANATION OF WHAT THE PIPP PROGRAM DOES ;
(III) HE APPLICATION AND ENROLLMENT PROCESSES;
(III) TE APPLICATION AND ENROLLMENT PROCESSES ;
(IV) AN ESTIMATED TIME FRAME FOR WHEN AN APPLICANT WILL RECEIVE NOTICE OF THEIR ACCEPTANCE INTO OR DENIAL FROM TPIPP PROGRAM ;
(IV) A N ESTIMATED TIME FRAME FOR WHEN AN APPLICANT WILL RECEIVE NOTICE OF THEIR ACCEPTANCE INTO OR DENIAL FROM THE PIPP PROGRAM ;
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(V) AFFORDABLE PERCENTAGE OF INCOME AMOUNTS FOR DIFFERENT TYPES OF CUSTOMERS,AS DESCRIBED IN SUBSECTION(4)OF THIS SECTIO;
(V) AFFORDABLEPERCENTAGEOFINCOMEAMOUNTSFORDIFFERENT TYPES OF CUSTOMERS ,AS DESCRIBED IN SUBSECTION (4)OF THIS SECTIO;
(VI) PIPPCHARGE AMOUNTS ;AND (VII) T HE TERMS AND CONDITIONS FOR THE UTILITY S PIPP PROGRAM .
(VI) PIPP CHARGE AMOUNTS ;
AND (VII) T HE TERMS AND CONDITIONS FOR THE UTILITY 'S PIPP PROGRAM .
(a) A N INCOME-QUALIFIED UTILITY CUSTOMER IS ELIGIBLE TO PARTICIPATE IN THE PERCENTAG-OF-INCOME PAYMENT PLAN PROGRAM IF THE CUSTOMER:
(a) A N INCOME -QUALIFIED UTILITY CUSTOMER IS ELIGIBLE TO PARTICIPATE IN THE PERCENTAGE OF INCOME PAYMENT PLAN PROGRAM IF THE CUSTOMER :
(I) MEETSTHE INCOME ELIGIBILITYCRITER,ASDETERMINEDBY THE COMMISSION BY ORDER OR BY RULE;
(I) M EETS THE INCOME ELIGIBILITY CRITERI,AS DETERMINED BY THE COMMISSION BY ORDER OR BY RULE ;
-5- 002 (II) ITHER:
(II) EITHER:
(A) SUBMITS AN APPLICATION TO THE INVEST-OWNED UTILITY TO PARTICIPATE IN THPIPPPROGRAM ;OR (B) IS REFERRED BY ANOTHER INCOME -ELIGIBLE ASSISTANCE PROGRAM OFFERED BY THE DEPARTMENT OF HUMAN SERVICES CREATED IN SECTION 26-1-105;THE C OLORADO ENERGY OFFICE , CREATED IN SECTION24-38.5-101THEORGANIZATIONDEFINEDINSECTION 40-8.7-103 (4);OR OTHER ENERGY ASSISTANCE PROGRAM APPROVED BY THE COMMISSION ;AND (III) LVESINTHESERVICEAREAOFANINVESTOR -OWNEDUTILITY THAT HAS ESTABLISHED APIPP PROGRAM .
PAGE 4-SENATE BILL 26-002 (A) SUBMITSANAPPLICATIONTOTHEINVESTOR -OWNEDUTILITYTO PARTICIPATE IN THEPIPP PROGRAM ;OR (B) S REFERRED BY ANOTHER INCOME -ELIGIBLE ASSISTANCE PROGRAMOFFEREDBY THE DEPARTMENT OFHUMANSERVICES ,CREATEDIN SECTION 26-1-105;THE C OLORADO ENERGY OFFICE ,CREATED IN SECTION 24-38.5-101;THE ORGANIZATION DEFINED IN SECTION 40-8.7-103 (4)OR OTHERENERGYASSISTANCEPROGRAMAPPROVEDBYTHECOMMISSION ;AND (III) IVES IN THE SERVICE AREA OF AN INVESTO-OWNED UTILITY THAT HAS ESTABLISHED A PIPP PROGRAM .
(b) (I) AN APPLICANT THAT SUBMITS A PIPP PROGRAM APPLICATION TO AN INVESTOR-OWNED UTILITY MAY SUBMIT DOCUMENTATIONWITHTHEAPPLICATIONVERIFYINGTHATTHEAPPLICANT MEETS THE INCOME ELIGIBILITY CRITER,INCLUDING:
(b)(I) ANAPPLICANTTHATSUBMITSA PIPPPROGRAMAPPLICATION TO AN INVESTOR-OWNED UTILITY MAY SUBMIT DOCUMENTATION WITH THE APPLICATION VERIFYING THAT THE APPLICANT MEETS THE INCOME ELIGIBILITY CRITERIAINCLUDING:
(A) D OCUMENTATION THAT THE APPLICANT IS ENROLLED IN ANOTHER INCOME ELIGIBLE ASSISTANCE PROGRAM OFFERED BY THE DEPARTMENT OF HUMAN SERVICES ,CREATED IN SECTION26-1-105;THE C OLORADO ENERGY OFFICE , CREATED IN SECTION 24-38.5-101;THE ORGANIZATION DEFINED IN SECTION40-8.7-103 (4OR OTHER ENERGY ASSISTANCE PROGRAM APPROVED BY THE COMMISSION ;OR (B) IFORMATIONREQUIREDTOVERIFYTHEAPPLICANT SINCOME ELIGIBILIT,WHICHMAYINCLUDESELF ATTESTATION ASDETERMINEDBY THE UTILITY THAT HAS ESTABLISHED THPIPPPROGRAM .
(A) DOCUMENTATION THAT THE APPLICANT IS ENROLLED IN ANOTHER INCOME ELIGIBLE ASSISTANCE PROGRAM OFFERED BY THE DEPARTMENT OF HUMAN SERVICES ,CREATED IN SECTION 26-1-105;THE COLORADO ENERGY OFFICE , CREATED IN SECTION 24-38.5-101;THE ORGANIZATION DEFINED IN SECTION 40-8.7-103 (4);OR OTHER ENERGY ASSISTANCE PROGRAM APPROVED BY THE COMMISSION ;OR (B) INFORMATION REQUIRED TO VERIFY THE APPLICANT S INCOME ELIGIBILITYWHICH MAY INCLUDE SELF -ATTESTATION ,AS DETERMINED BY THE UTILITY THAT HAS ESTABLISHED THEPIPP PROGRAM .
(II) INAPPLICANT 'SHOUSEHOLDINCOMEISZERODOLLARS ,THE UTILITY MAY ESTABLISH A PROCESS THAT VERIFIES THE APPLICANTS HOUSEHOLD INCOME ON A MORE FREQUENT THAN ANNUAL BASIS .
(II) I AN APPLICANTS HOUSEHOLD INCOME IS ZERO DOLLARS ,THE UTILITY MAY ESTABLISH A PROCESS THAT VERIFIES THE APPLICANT 'S HOUSEHOLD INCOME ON A MORE FREQUENT THAN ANNUAL BASIS .
-6- 002 (c) AN APPLICANT IS NOT REQUIRED TO MAKE A PAYMENT ON THE APPLICANT S ACCOUNT AS A CONDITION OF ACCEPTANCE INTO A PIPP PROGRAM .
(c) AN APPLICANT IS NOT REQUIRED TO MAKE A PAYMENT ON THE APPLICANT S ACCOUNT AS A CONDITION OF ACCEPTANCE INTO A PIPP PROGRAM .
(d) ANINVESTOR -OWNEDUTILITYSHALLESTABLISHAPPLICATION AND PARTICIPATION PROCEDURES THAT ARE EFFICIENT ,AVAILABLE TO APPLICANTS IN PLAIN LANGUAGE , AND INTENDED TO MAXIMIZE PARTICIPATION IN THE UTILI'SPIPP PROGRAM .
(d) A N INVESTOR-OWNED UTILITY SHALL ESTABLISH APPLICATION AND PARTICIPATION PROCEDURES THAT ARE EFFICIENT , AVAILABLE TO APPLICANTS IN PLAIN LANGUAGE , AND INTENDED TO MAXIMIZE PARTICIPATION IN THE UTILITY PIPPPROGRAM .
(e) (I) ITHIN THIRTY DAYS AFTER RECEIVING PIPP PROGRAM APPLICATION FROM AN INCOME -QUALIFIED UTILITY CUSTOMER , AN INVESTOR OWNED UTILITY SHALL APPROVE OR DENY THE INCOME -QUALIFIED UTILITY CUSTOMERS APPLICATIO.
PAGE 5-SENATE BILL 26-002 (e) (I) WITHIN THIRTY DAYS AFTER RECEIVING A PIPP PROGRAM APPLICATION FROM AN INCOME -QUALIFIED UTILITY CUSTOMER , AN INVESTOR OWNEDUTILITYSHALLAPPROVEORDENYTHEINCOME QUALIFIED UTILITY CUSTOMER S APPLICATION.
(II) IF THE INVESTOR OWNED UTILITY APPROVES AN INCOME -QUALIFIEDUTILITYCUSTOMER SAPPLICATIONFORPARTICIPATION IN THEPIPP PROGRAM ,THE UTILITYSHALLPROVIDE ANEXPLANATION OF THE PIPP PROGRAM BENEFITS ,INCLUDING:
(II) IF THE INVESTOR OWNED UTILITY APPROVES AN INCOME -QUALIFIED UTILITY CUSTOMER'S APPLICATION FOR PARTICIPATION IN THEPIPP PROGRAM ,THE UTILITY SHALL PROVIDE AN EXPLANATION OF THE PIPP PROGRAM BENEFITS ,INCLUDING :
(A) T HE PARTICIPAN'S ESTIMATED FULL ANNUAL BILL AMOUNT;
(A) T HE PARTICIPANTS ESTIMATED FULL ANNUAL BILL AMOUNT ;
(B) THE PARTICIPANT'S FIXED CREDIT AMOUN;
(B) T HE PARTICIPANTS FIXED CREDIT AMOUNT ;
(C) T HE AFFORDABLE PERCENTAGE OF INCOME FOR WHICH THE PARTICIPANTISRESPONSIBLEFORPAYING ,LISTEDASBOTHAPERCENTAGE AND AN ESTIMATED MONTHLY AMOUNT ;AND (D) A COPY OF THE TERMS AND CONDITIONS OFPARTICIPATION IN THE PIPP PROGRAM .
(C) T HE AFFORDABLE PERCENTAGE OF INCOME FOR WHICH THE PARTICIPANT IS RESPONSIBLE FOR PAYING,LISTED AS BOTH A PERCENTAGE AND AN ESTIMATED MONTHLY AMOUNT ;AND (D) A COPY OF THE TERMS AND CONDITIONS OF PARTICIPATION IN THE PIPP PROGRAM .
(III) I THE INVESTOR-OWNED UTILITY DENIES AN APPLICANT'S APPLICATION FOR PARTICIPATION IN THEPIPP PROGRAM ,THE UTILITY SHALL PROVIDE THE APPLICANT AN EXPLANATION FOR THE DENIAL AND, IF THE REASON FOR THE DENIAL WAS BASED ON THE UTILITY 'S VERIFICATION OF THE APPLICANS HOUSEHOLD INCOME IN ACCORDANCE -7- 002 WITHSUBSECTION (3)(bOFTHISSECTION,THEDEPARTMENT ,AGENCY OR ORGANIZATION THAT THE UTILITY CONTACTED TO VERIFY THE APPLICANT'S HOUSEHOLD INCOME .
(III) IF THE INVESTOR OWNED UTILITY DENIES AN APPLICANT S APPLICATIONFORPARTICIPATIONINTHE PIPP PROGRAM ,THEUTILITYSHALL PROVIDE THE APPLICANT AN EXPLANATION FOR THE DENIAL AND ,IF THE REASONFORTHEDENIALWASBASEDONTHEUTILITY 'SVERIFICATIONOFTHE APPLICANT SHOUSEHOLDINCOMEINACCORDANCEWITHSUBSECTION (3)(b) OFTHIS SECTION,THE DEPARTMENT ,AGENCY ,OR ORGANIZATION THAT THE UTILITY CONTACTED TO VERIFY THE APPLICANT S HOUSEHOLD INCOME .
(IV) IF AN INCOME-QUALIFIED UTILITY CUSTOMER IS ACCEPTED INTO THEPIPP PROGRAM ,THE CUSTOMER SHALL REMAIN QUALIFIED FOR THE PIPPPROGRAMFORTWOPROGRAMYEARSAFTERTHEDATEONWHICH THE CUSTOMER IS ACCEPTED INTO THE PROGRAM.
(IV) IANINCOME QUALIFIEDUTILITYCUSTOMERISACCEPTEDINTO THE PIPP PROGRAM ,THE CUSTOMER SHALL REMAIN QUALIFIED FOR THE PIPP PROGRAM FOR TWO PROGRAM YEARS AFTER THE DATE ON WHICH THE CUSTOMER IS ACCEPTED INTO THE PROGRAM .
(f) (I) A N INVESTOR OWNED UTILITY IS RESPONSIBLE FOR ESTABLISHINGANDADMINISTERINGTHEPROCESSFORINCOME -QUALIFIED UTILITY CUSTOMERS TO APPLY FOR PARTICIPATION AND MAINTAINING ENROLLMENT IN THE PIPP PROGRAM .
(f) (I) A N INVESTOR OWNED UTILITY IS RESPONSIBLE FOR ESTABLISHING AND ADMINISTERING THE PROCESS FOR INCOME -QUALIFIED UTILITY CUSTOMERS TO APPLY FOR PARTICIPATION AND MAINTAINING ENROLLMENT IN THE PIPP PROGRAM .
(II) APARTICIPANT MAY REMAIN ENROLLED IN A UTILITS PIPP PROGRAMIFTHE PARTICIPANTMOVESWITHINTHESAME UTILITYSERVICE TERRITORY WITHOUT REAPPLYING FOR PARTICIPATION IN THE PIPP PROGRAM ,AND THE PARTICIPANT SHALL NOTIFY THE UTILITY OF THE PARTICIPANT'S CHANGE OF ADDRESS AND NEW ACCOUNT NUMBER .
(II) A PARTICIPANT MAY REMAIN ENROLLED IN A UTILITY S PIPP PAGE 6-SENATE BILL 26-002 PROGRAM IF THE PARTICIPANT MOVES WITHIN THE SAME UTILITY SERVICE TERRITORY WITHOUT REAPPLYING FOR PARTICIPATION IN THE PIPP PROGRAM , AND THE PARTICIPANT SHALL NOTIFY THE UTILITY OF THE PARTICIPANT S CHANGE OF ADDRESS AND NEW ACCOUNT NUMBER .
(III) I A PARTICIPANT MOVES OUTSIDE OF A UTILIS SERVICE TERRITORY ,THE PARTICIPANT IS NO LONGER ELIGIBLE FOR THE UTISITY PIPP PROGRAMANDTHEUTILITYSHALLSENDNOTICETOTHEPARTICIPANT THAT THE PARTICIPANTS ELIGIBILITY FOR AND ENROLLMENT IN TPIPP PROGRAM HAS ENDED .
(III) IF A PARTICIPANT MOVES OUTSIDE OF A UTILITY S SERVICE TERRITORY ,THE PARTICIPANT IS NO LONGER ELIGIBLE FOR THE UTILITY 'S PIPP PROGRAM AND THE UTILITY SHALL SEND NOTICE TO THE PARTICIPANT THAT THE PARTICIPANT 'S ELIGIBILITY FOR AND ENROLLMENT IN THE PIPP PROGRAM HAS ENDED .
(g) IF A PARTICIPANT MAKES PARTIAL OR LATE PAYMENTS ON THEIR UTILITY BILL , THE INVESTOR -OWNED UTILITY SHALL NOT TERMINATE THE PARTICIPANT S PARTICIPATION IN THEPIPP PROGRAM SOLELY FOR THAT REASON .
(g) IFA PARTICIPANT MAKES PARTIALOR LATE PAYMENTS ON THEIR UTILITY BILL,THE INVESTOR -OWNED UTILITY SHALL NOT TERMINATE THE PARTICIPANT S PARTICIPATION IN THE PIPP PROGRAM SOLELY FOR THAT REASON .
HOWEVER , THE UTILITY MAY PURSUE COLLECTION EFFORTS FOR THE UNPAID AMOUNTS.
HOWEVER ,THE UTILITY MAY PURSUE COLLECTION EFFORTS FOR THE UNPAID AMOUNTS .
-8- 002 (a) (I) A N INVESTOR-OWNED UTILITY SHALL ESTIMATE A PARTICIPANT'S FULL ANNUAL BILL IN ORDER TO DETERMINE A PARTICIPANT'S AFFORDABLE PERCENTAGE OF INCOME PAYMENT IN ACCORDANCE WITH SUBSECTIONS (4)(b)AND (4)(cOF THIS SECTIO.
(a) (I) A N INVESTOR -OWNED UTILITY SHALL ESTIMATE A PARTICIPANT SFULLANNUALBILLINORDERTODETERMINEAPARTICIPANT 'S AFFORDABLE PERCENTAGE OF INCOME PAYMENT IN ACCORDANCE WITH SUBSECTIONS (4)(b)AND (4)(c)OF THIS SECTION.
(II) A N INVESTOR -OWNED UTILITY SHALL INCLUDE THE DIFFERENCE BETWEEN A PARTICIPANT 'S AFFORDABLE PERCENTAGE OF INCOME PAYMENT AND THE PROJECTED FULL ANNUAL BILL ON THE PARTICIPANT'S UTILITY BILL AS A FIXED CR.DIT (III) AINVESTOR -OWNEDUTILITYMAYADJUSTTHEFIXEDCREDIT AMOUNT IF RESIDENTIAL RATES FOR ELECTRICITY OR GAS SIGNIFICANTLY CHANGE FROM THE RATE USED TO ESTIMATE THE PARTICIPANT 'S FULL ANNUAL BILL OR IF THE PARTICIPANS ACTUAL BILL AMOUNT VARIES BY TWENTY -FIVE PERCENT OR MORE FROM THE PARTICIPANT S ESTIMATED FULL ANNUAL BILL.
(II) ANINVESTOR -OWNEDUTILITYSHALLINCLUDE THE DIFFERENCE BETWEENAPARTICIPANT 'SAFFORDABLEPERCENTAGEOFINCOMEPAYMENT ANDTHEPROJECTEDFULLANNUALBILLONTHEPARTICIPANT SUTILITYBILL AS A FIXED CREDIT.
(b) U NLESS OTHERWISE DETERMINED BY THE COMMISSION BY ORDER OR BY RULE ,IF A PARTICIPA'S ANNUAL HOUSEHOLD INCOME IS ABOVE ZERO DOLLARS ,A PARTICIPANTS AFFORDABLE PERCENTAGE OF INCOMEMUSTNOTEXCEEDTHEAPPLICABLEPERCENTAGEOFHOUSEHOLD INCOME AS FOLLOWS :
(III) AN INVESTOR-OWNED UTILITY MAY ADJUST THE FIXED CREDIT AMOUNT IF RESIDENTIAL RATES FOR ELECTRICITY OR GAS SIGNIFICANTLY CHANGE FROM THE RATE USED TO ESTIMATE THE PARTICIPANT S FULL ANNUAL BILL OR IF THE PARTICIPANT S ACTUAL BILL AMOUNT VARIES BY TWENTY FIVEPERCENTORMOREFROMTHEPARTICIPANT SESTIMATEDFULL ANNUAL BILL .
(I) FRUTILITIESWITHFIVE HUNDREDTHOUSANDCUSTOMERSOR FEWER :
(b) UNLESSOTHERWISEDETERMINEDBYTHECOMMISSIONBYORDER OR BY RULE ,IF A PARTICIPANT'S ANNUAL HOUSEHOLD INCOME IS ABOVE ZERO DOLLARS ,A PARTICIPANT S AFFORDABLE PERCENTAGE OF INCOME MUSTNOTEXCEEDTHEAPPLICABLEPERCENTAGEOFHOUSEHOLDINCOMEAS PAGE 7-SENATE BILL 26-002 FOLLOWS :
(A) F OR ELECTRIC ACCOUNTS THAT HAVE ELECTRICITY AS THE PRIMARY HEATING FUEL ,A PARTICIPAN'S AFFORDABLE PERCENTAGE OF INCOME PAYMENT MUST NOT BE GREATER THAN SIX PERCENT OF THE PARTICIPANT'S HOUSEHOLD INCOME ;
(I) FOR UTILITIES WITH FIVE HUNDRED THOUSAND CUSTOMERS OR FEWER :
(B) FORELECTRICACCOUNTSTHATDONOTHAVEELECTRICITYAS THEPRIMARYHEATINGFUEL ,APARTICIPANT'SAFFORDABLEPERCENTAGE -9- 002 OFINCOMEPAYMENTMUSTNOTBEGREATERTHANTHREEPERCENTOFTHE PARTICIPANT'S HOUSEHOLD INCOME ;
(A) F OR ELECTRIC ACCOUNTS THAT HAVE ELECTRICITY AS THE PRIMARY HEATING FUEL ,A PARTICIPANT S AFFORDABLE PERCENTAGE OF INCOME PAYMENT MUST NOT BE GREATER THAN SIX PERCENT OF THE PARTICIPANT'S HOUSEHOLD INCOME ;
(C) FORACCOUNTSTHAT HAVEBOTHNATURALGASSERVICE AND ELECTRICSERVICEFROMASINGLEUTILITY ,APARTICIPANT SAFFORDABLE PERCENTAGE OF INCOME PAYMENT MUST NOT BE GREATER THAN FIVE PERCENT OF THE PARTICIPANTS HOUSEHOLD INCOME ;
(B) F OR ELECTRIC ACCOUNTS THAT DO NOT HAVE ELECTRICITY AS THEPRIMARYHEATINGFUEL APARTICIPANT 'SAFFORDABLEPERCENTAGEOF INCOME PAYMENT MUST NOT BE GREATER THAN THREE PERCENT OF THE PARTICIPANT'S HOUSEHOLD INCOME ;
(D) F OR ACCOUNTS THAT HAVE NEITHER ELECTRICITY NOR NATURAL GAS AS A PRIMARY HEATING SOURCE , A PARTICIPANT'S AFFORDABLE PERCENTAGE OF INCOME PAYMENT MUST NOT BE GREATER THAN FIVE PERCENT OF THE PARTICIPANS HOUSEHOLD INCOME ;OR (E) FOR ACCOUNTS THAT HAVE NATURAL GAS AS THE PRIMARY HEAT SOURCE ,A PARTICIPANT'S AFFORDABLE PERCENTAGE OF INCOME PAYMENT MUST NOT BE GREATER THAN THREE PERCENT OF THE PARTICIPANT'S HOUSEHOLD INCOME ;AND (II) FOR UTILITIES WITH MORE THAN FIVE HUNDRED THOUSAND CUSTOMERS :
(C) F OR ACCOUNTS THAT HAVE BOTH NATURAL GAS SERVICE AND ELECTRIC SERVICE FROM A SINGLE UTILITY,A PARTICIPANTS AFFORDABLE PERCENTAGE OF INCOME PAYMENT MUST NOT BE GREATER THAN FIVE PERCENT OF THE PARTICIPANT'S HOUSEHOLD INCOME ;
(A) F OR ELECTRIC ACCOUNTS THAT HAVE ELECTRICITY AS THE PRIMARY HEATING FUEL ,A PARTICIPAN'S AFFORDABLE PERCENTAGE OF INCOME PAYMENT MUST NOT BE GREATER THAN FOUR PERCENT OF THE PARTICIPANT'S HOUSEHOLD INCOME ;
(D) FORACCOUNTSTHATHAVENEITHERELECTRICITYNORNATURAL GAS AS A PRIMARY HEATING SOURCE ,A PARTICIPANT 'S AFFORDABLE PERCENTAGE OF INCOME PAYMENT MUST NOT BE GREATER THAN FIVE PERCENT OF THE PARTICIPANT'S HOUSEHOLD INCOME ;
(B) FORELECTRICACCOUNTSTHATDONOTHAVEELECTRICITYAS THEPRIMARYHEATINGFUEL ,APARTICIPANT'SAFFORDABLEPERCENTAGE OF INCOME PAYMENT MUST NOT BE GREATER THAN TWO PERCENT OF THE PARTICIPANT'S HOUSEHOLD INCOME ;
OR (E) FORACCOUNTSTHATHAVENATURALGASASTHEPRIMARYHEAT SOURCE ,A PARTICIPANT'S AFFORDABLE PERCENTAGE OF INCOME PAYMENT MUST NOT BE GREATER THAN THREE PERCENT OF THE PARTICIPANT S HOUSEHOLD INCOME ;AND (II) FOR UTILITIES WITH MORE THAN FIVE HUNDRED THOUSAND CUSTOMERS :
(C) FORACCOUNTSTHAT HAVEBOTHNATURALGASSERVICE AND ELECTRICSERVICEFROMASINGLEUTILITY ,APARTICIPANT SAFFORDABLE PERCENTAGE OF INCOME PAYMENT MUST NOT BE GREATER THAN FIVE -10- 002 PERCENT OF THE PARTICIPANT'S HOUSEHOLD INCOME ;OR (D) FOR ACCOUNTS THAT HAVE NEITHER ELECTRICITY NOR NATURAL GAS AS A PRIMARY HEATING SOURCE , A PARTICIPANT'S AFFORDABLE PERCENTAGE OF INCOME PAYMENT MUST NOT BE GREATER THAN FIVE PERCENT OF THE PARTICIPANTS HOUSEHOLD INCOME .
(A) F OR ELECTRIC ACCOUNTS THAT HAVE ELECTRICITY AS THE PRIMARY HEATING FUEL ,A PARTICIPANT S AFFORDABLE PERCENTAGE OF INCOME PAYMENT MUST NOT BE GREATER THAN FOUR PERCENT OF THE PARTICIPANT'S HOUSEHOLD INCOME ;
(c) IF A PARTICIPANT S ANNUAL HOUSEHOLD INCOME IS ZERO DOLLARS ,THE COMMISSION SHALL SET THE PARTICIPANT S AFFORDABLE PERCENTAGE OF INCOME BY ORDER OR RULE .
(B) F OR ELECTRIC ACCOUNTS THAT DO NOT HAVE ELECTRICITY AS THEPRIMARYHEATINGFUEL ,APARTICIPANT 'SAFFORDABLEPERCENTAGEOF PAGE 8-SENATE BILL 26-002 INCOME PAYMENT MUST NOT BE GREATER THAN TWO PERCENT OF THE PARTICIPANT'S HOUSEHOLD INCOME ;
(C) F OR ACCOUNTS THAT HAVE BOTH NATURAL GAS SERVICE AND ELECTRIC SERVICE FROM A SINGLE UTILITY,A PARTICIPANTS AFFORDABLE PERCENTAGE OF INCOME PAYMENT MUST NOT BE GREATER THAN FIVE PERCENT OF THE PARTICIPANT'S HOUSEHOLD INCOME ;
OR (D) FORACCOUNTSTHATHAVENEITHERELECTRICITYNORNATURAL GAS AS A PRIMARY HEATING SOURCE ,A PARTICIPANT 'S AFFORDABLE PERCENTAGE OF INCOME PAYMENT MUST NOT BE GREATER THAN FIVE PERCENT OF THE PARTICIPANT'S HOUSEHOLD INCOME .
(c) IF A PARTICIPANT'S ANNUAL HOUSEHOLD INCOME IS ZERO DOLLARS ,THE COMMISSION SHALL SET THE PARTICIPANT S AFFORDABLE PERCENTAGE OF INCOME BY ORDER OR RULE .
(a) (I) AN INVESTOR-OWNED UTILITY SHALL APPLY ARREARAGE CREDITS TO A PARTICIPANT S ARREARAGES THAT EXISTED BEFORE THE PARTICIPANT INITIALLY APPLIED FOR THPIPP PROGRAM .
(a) (I) AN INVESTOR -OWNED UTILITY SHALL APPLY ARREARAGE CREDITS TO A PARTICIPANT 'S ARREARAGES THAT EXISTED BEFORE THE PARTICIPANT INITIALLY APPLIED FOR THEPIPP PROGRAM .
(II) ARREARAGE CREDITSMUST BE ESTABLISHEDAND APPLIED TO A PARTICIPANT S UTILITY BILL IN AN AMOUNT SUFFICIENT TO REDUCE, WHENCOMBINEDWITHANYREQUIREDPAYMENTSFROMTHEPARTICIPANT , THEPARTICIPANT SARREARAGESTOZERODOLLARSOVERAPERIODOFNOT LESS THAN ONE MONTH AND NOT MORE THAN TWENTY -FOUR MONTHS .
(II) ARREARAGE CREDITS MUST BE ESTABLISHED AND APPLIED TO A PARTICIPANT'S UTILITY BILL IN AN AMOUNT SUFFICIENT TO REDUC,WHEN COMBINED WITH ANY REQUIRED PAYMENTS FROM THE PARTICIPANT ,THE PARTICIPANT'SARREARAGESTOZERODOLLARSOVERAPERIODOFNOTLESS THAN ONE MONTH AND NOT MORE THAN TWENTY -FOUR MONTHS .
(b) A N INVESTOR -OWNED UTILITY MAY CONDITION THE APPLICATION OF ARREARAGE CREDITS ON THE FOLLOWING :
(b) ANINVESTOR -OWNEDUTILITYMAYCONDITIONTHEAPPLICATION OF ARREARAGE CREDITS ON THE FOLLOWING :
(I) A PARTICIPANTS TIMELY PAYMENT OF BILLS FOR CURRENT USAGE ;OR (II) A PARTICIPANT'S PAYMENT TOWARD PREEXISTING ARREARAGES , EXCEPT THAT THE TOTAL DOLLAR AMOUNT OF THE PAYMENT REQUIRED BY THE UTILITY MUST NOT EXCEED ONE PERCENT OF THE PARTICIPANT S ANNUAL HOUSEHOLD INCOME .
(I) A PARTICIPANT'S TIMELY PAYMENT OF BILLS FOR CURRENT USAGE ;OR (II) APARTICIPANT'SPAYMENTTOWARDPREEXISTINGARREARAGES , EXCEPT THAT THE TOTAL DOLLAR AMOUNT OF THE PAYMENT REQUIRED BY THEUTILITYMUSTNOTEXCEEDONEPERCENTOFTHEPARTICIPANT SANNUAL HOUSEHOLD INCOME .
(c) IF A PARTICIPANS ENROLLMENT IN THE PIPPPROGRAM ENDS FOR ANY REASON PRIOR TO THE FORGIVENESS OF ALL ARREARAGES ,ANY -11- 002 REMAINING ARREARAGES BECOME DUE IN ACCORDANCE WITH THE UTILITYS CURRENT TARIFF FILED WITH THE COMMISSION AT THE TIME OF THE TERMINATION.
PAGE 9-SENATE BILL 26-002 (c) IF A PARTICIPANTS ENROLLMENT IN THE PIPP PROGRAM ENDS FOR ANY REASON PRIOR TO THE FORGIVENESS OF ALL ARREARAGES ,ANY REMAININGARREARAGESBECOMEDUEINACCORDANCEWITHTHEUTILITY S CURRENT TARIFF FILED WITH THE COMMISSION AT THE TIME OF THE TERMINATION .
(d) W HILE A PARTICIPANT IS ENROLLED IN A UTILITS PIPP PROGRAM , THE UTILITY SHALL NOT TERMINATE THE PARTICIPANT S SERVICE FOR NONPAYMENT OF THE ARREARAGES .
(d) W HILE A PARTICIPANT IS ENROLLED IN A UTILITY 'S PIPP PROGRAM ,THEUTILITYSHALLNOTTERMINATETHEPARTICIPANT SSERVICE FOR NONPAYMENT OF THE ARREARAGES .
(e) APARTICIPANTMAYRECEIVEARREARAGECREDITSPURSUANT TOTHISSECTIONREGARDLESSOFWHETHERTHEPARTICIPANTRECEIVESA CREDIT TOWARD A UTILITY BILL FOR CURRENT USA.E (6) Participation in other assistance programs.
(e) APARTICIPANTMAYRECEIVEARREARAGECREDITSPURSUANTTO THIS SECTION REGARDLESS OF WHETHER THE PARTICIPANT RECEIVES A CREDIT TOWARD A UTILITY BILL FOR CURRENT USAGE .
(a) THIS SECTION DOES NOT PROHIBIT AN INCOME QUALIFIED UTILITY CUSTOMER FROM PARTICIPATING IN OTHER ENERGY ASSISTANCE PROGRAMS WHILE ENROLLED IN A PERCENTAGE -OF-INCOME PAYMENT PLAN PROGRAM .
(6) Participation in other assistance programs.
(b) ANINVESTOR-OWNEDUTILITYMAYAPPLYENERGYASSISTANCE GRANTSPROVIDEDTOAPARTICIPANTTOTHEDOLLARVALUEOFTHEFIXED CREDITS PROVIDED TO THE PARTICIPANT TO COVER THE UNAFFORDABLE PORTION OF THE PARTICIPANS UTILITY BILL IN A MANNER DETERMINED BY THE COMMISSION BY RULE.
(a) THISSECTIONDOESNOTPROHIBITANINCOME QUALIFIEDUTILITY CUSTOMERFROMPARTICIPATINGINOTHERENERGYASSISTANCEPROGRAMS WHILE ENROLLED IN A PERCENTAGE -OF-INCOME PAYMENT PLAN PROGRAM .
(b) AN INVESTOR -OWNED UTILITY MAY APPLY ENERGY ASSISTANCE GRANTS PROVIDED TO A PARTICIPANT TO THE DOLLAR VALUE OF THE FIXED CREDITS PROVIDED TO THE PARTICIPANT TO COVER THE UNAFFORDABLE PORTION OFTHE PARTICIPANT 'S UTILITY BILLIN A MANNER DETERMINED BY THE COMMISSION BY RULE .
(a) A N INVESTOR -OWNED UTILITY MAY RECOVER PERCENTAGE -OF-INCOME PAYMENT PLAN PROGRAM COSTS THROUGH A PIPP CHARGE ON THE UTILITY S CUSTOMERS , AS APPROVED BY THE COMMISSION .
(a) A N INVESTOR OWNED UTILITY MAY RECOVER PERCENTAGE -OF INCOMEPAYMENTPLANPROGRAMCOSTSTHROUGHA PIPP CHARGE ON THE UTILITY S CUSTOMERS ,AS APPROVED BY THE COMMISSION .
(b) IANINVESTOR -OWNEDUTILITYIMPOSESA PIPPCHARGE ,THE INVESTOR-OWNED UTILITY SHALL:
(b) IF AN INVESTOR-OWNED UTILITY IMPOSES A PIPP CHARGE ,THE INVESTOR -OWNED UTILITY SHALL :
(I) ASESSTHE PIPP CHARGEASASEPARATELINEITEMONEVERY -12- 002 CUSTOMER 'S MONTHLY BILL AND IDENTIFY THE CHARGE AS A "PIPP CHARGE "OR,IFTHEPIPP CHARGEISCOMBINEDWITHANOTHERLINEITEM , ENSURE THAT THE PIPP CHARGE IS ITEMIZED AND NOTED ON THE CUSTOMER 'S MONTHLY BILL AS SUC;
(I) ASSESS THE PIPP CHARGE AS A SEPARATE LINE ITEM ON EVERY CUSTOMER SMONTHLYBILLANDIDENTIFYTHECHARGEASA "PIPP CHARGE " OR, IF THEPIPP CHARGE IS COMBINED WITH ANOTHER LINE ITEM ,ENSURE THAT THE PIPP CHARGE IS ITEMIZED AND NOTED ON THE CUSTOMER S MONTHLY BILL AS SUCH ;
(II) CLLECT THE MONTHLY PIPP CHARGE IN THE SAME MANNER AS ALL OTHER CHARGES AND FEES ARE COLLECTED FROM A CUSTOMER;
PAGE 10-SENATE BILL 26-002 (II) OLLECTTHEMONTHLY PIPP CHARGE INTHE SAME MANNERAS ALL OTHER CHARGES AND FEES ARE COLLECTED FROM A CUSTOMER ;
(III) SATE THE AMOUNT OF THEPIPP CHARGE ,WHICH MUST BE APPROVED BY THE COMMISSION;AND (IV) ICLUDE THE AMOUNT OF PIPPCHARGES COLLECTED FROM A UTILIT'S CUSTOMERS ON THE UTILITS TARIFF SHEET FILED WITH THE COMMISSION .
(III) SATE THE AMOUNT OF THE PIPP CHARGE ,WHICH MUST BE APPROVED BY THE COMMISSION ;AND (IV) INCLUDE THE AMOUNT OF PIPP CHARGES COLLECTED FROM A UTILITYS CUSTOMERS ON THE UTILITY S TARIFF SHEET FILED WITH THE COMMISSION .
(c) FANINVESTOR -OWNEDUTILITYIMPOSESA PIPPCHARGE ,THE UTILITY IS ENCOURAGED TO ANNUALLY CONTRIBUTE SHAREHOLDER PROFITS TO THEPIPP PROGRAM .
(c) I AN INVESTOR-OWNED UTILITY IMPOSES A PIPP CHARGE ,THE UTILITYISENCOURAGEDTOANNUALLYCONTRIBUTESHAREHOLDERPROFITS TOTHE PIPP PROGRAM .ANYAMOUNTCONTRIBUTEDBYTHEUTILITYISNOT TO BE DIRECTLY OR INDIRECTLY RECOVERED FROM CUSTOMERS .
NY AMOUNT CONTRIBUTED BY THE UTILITY IS NOT TO BE DIRECTLY OR INDIRECTLY RECOVERED FROM CUSTOMERS .
(d) A N INVESTOR -OWNED UTILITY MUST USE THE REVENUE GENERATED FROM THE PIPP CHARGE PLUS ANY AMOUNT CONTRIBUTED BY THE UTILITY PURSUANT TO SUBSECTION (7)(c)OF THIS SECTION ONLY FOR THE FOLLOWING PURPOSES :
(d) AN INVESTOR OWNED UTILITY MUST USE THE REVENUE GENERATEDFROMTHE PIPPCHARGEPLUSANYAMOUNTCONTRIBUTEDBY THEUTILITYPURSUANT TOSUBSECTION (7)(cOFTHISSECTIONONLYFOR THE FOLLOWING PURPOSES:
(I) TO PROVIDE CREDITS OR DISCOUNTS TO PARTICIPANTS APPLIED AGAINST THE PARTICIPANTS'BILL FOR CURRENT USAGE;
(I) TPROVIDECREDITSORDISCOUNTSTOPARTICIPANTSAPPLIED AGAINST THE PARTICIPANT'BILL FOR CURRENT USAGE;
(II) T PROVIDE CREDITS TO PARTICIPANTS FOR THE PARTICIPANT' ARREARAGES ;
(II) TPROVIDECREDITSTOPARTICIPANTSFORTHEPARTICIPANTS ' ARREARAGES ;
(III) TO COVER ADMINISTRATIVE COSTS OF IMPLEMENTING AND ADMINISTERING THE PIPP PROGRAM ;AND (IV) T O COVER PIPP PROGRAM EVALUATION COSTS REQUIRED BY THE COMMISSION .
(III) T COVER ADMINISTRATIVE COSTS OF IMPLEMENTING AND ADMINISTERING THE PIPPPROGRAM ;AND (IV) TO COVERPIPP PROGRAMEVALUATIONCOSTSREQUIREDBY -13- 002 THE COMMISSION.
(e) THE COMMISSION SHALL DETERMINE BY RULE THE AMOUNT OF THE PIPP CHARGE AND PROCEDURES BY WHICH A UTILITY MAY APPLY TO INCREASE OR DECREASE THE MONTHLY PIPP CHARGE .
(e) TECOMMISSIONSHALLDETERMINEBYRULETHEAMOUNTOF THE PIPPCHARGE AND PROCEDURES BY WHICH A UTILITY MAY APPLY TO INCREASE OR DECREASE THE MONTHLY PIPP CHARGE.
(f) (I) AINVESTOR OWNED UTILITY SHALLTRACK AND ANNUALLY REPORT THE FOLLOWING INFORMATION TO THE COMMISSION :
(f) (I) A N INVESTOR OWNED UTILITY SHALL TRACK AND ANNUALLY REPORT THE FOLLOWING INFORMATION TO THE COMMISSION :
(A) T HEPIPP CHARGE REVENUE COLLECTED BY THE UTILITY ;
(A) THE PIPP CHARGE REVENUE COLLECTED BY THE UTILIT;
PAGE 11-SENATE BILL 26-002 (B) T HEPIPP CHARGE UTILITY CONTRIBUTIONAMOUNT DESCRIBED IN SUBSECTION (7)(c)OF THIS SECTIO;
(B) THE PIPP CHARGE UTILITY CONTRIBUTION AMOUNT DESCRIBED IN SUBSECTION(7)(cOF THIS SECTIO;
(C) A DMINISTRATIVECOSTSASSOCIATEDWITHIMPLEMENTINGAND ADMINISTERING THE PIPP PROGRAM ;
(C) A DMINISTRATIVE COSTS ASSOCIATED WITH IMPLEMENTING AND ADMINISTERING THE PIPPPROGRAM ;
(D) T HE AMOUNT OF FIXED OR ANNUAL CREDITS PROVIDED TO PARTICIPANTS IN THEPIPP PROGRAM ;AND (E) THE AMOUNT OF ARREARAGE CREDITS PROVIDED TO PARTICIPANTS IN THEPIPP PROGRAM .
(D) T HE AMOUNT OF FIXED OR ANNUAL CREDITS PROVIDED TO PARTICIPANTS IN THPIPP PROGRAM ;AND (E) T HE AMOUNT OF ARREARAGE CREDITS PROVIDED TO PARTICIPANTS IN THPIPP PROGRAM .
(II) THE COMMISSION SHALL REPORT THE INFORMATION REPORTED BY AN INVESTOR -OWNED UTILITY PURSUANT TO SUBSECTION (7)(f)(IOF THIS SECTION IN THE COMMISSION 'S ANNUAL REPORTING REQUIREMENTS ESTABLISHED BY THE COMMISSION BY RULE .
(II) TECOMMISSIONSHALLREPORTTHEINFORMATIONREPORTED BY AN INVESTOR-OWNED UTILITY PURSUANT TO SUBSECTION(7)(f)(OF THIS SECTION IN THE COMMISSI'S ANNUAL REPORTING REQUIREMENTS ESTABLISHED BY THE COMMISSION BY RUL.
(8) Rules.
(8) Rules.TECOMMISSIONSHALLADOPTANYRULESNECESSARY TO IMPLEMENT AND ENFORCE THIS SECTIO.
THE COMMISSION SHALL ADOPT ANY RULES NECESSARY TO IMPLEMENT AND ENFORCE THIS SECTION .
or -14- 002 (d) Products that do not burn fossilORuels;
or (d) Products that do not burn fossil fORls;
(e) (I) NTILJANUARY 1, 2031:
(e) (I) NTIL JANUARY 1, 2031:
(A) PRODUCTS FUELED BY PROPANE ;AND (B) PRODUCTS DESIGNED AND LISTED EXCLUSIVELY FOR INSTALLATION IN A MANUFACTURED HOME AND INSTALLED AS A REPLACEMENT IN A MANUFACTURED HOME .
(A) P RODUCTS FUELED BY PROPANE ;AND (B) PRODUCTS DESIGNED AND LISTED EXCLUSIVELY FOR INSTALLATION IN A MANUFACTURED HOME AND INSTALLED AS A REPLACEMENT IN A MANUFACTURED HOME .
(II) HIS SUBSECTION(2)(e)IS REPEALEDEFFECTIVE DECEMBER 31, 2031.
PAGE 12-SENATE BILL 26-002 (II) HISSUBSECTION (2)(e)ISREPEALED ,EFFECTIVE D ECEMBER 31, 2031.
SECTION 3.
SECTION3.
In Colorado Revised Statutes, 25-7-1504, amend (1) introductory portion and (2);
InColorado RevisedStatutes,25-7-1504,amend(1) introductory portion and (2);
(1) On and after January 1, 2026, except as described in section 25-7-1506,SECTION 25-7-1503(2)ANDSUBSECTION (3OFTHISSECTION , a person shall not manufacture, distribute, sell, offer for sale, lease, or offer for lease in Colorado any of the following new products unless the emissionsof theproductdonotexceedthefollowingemissionslimits,as applicable:
(1) On and after January 1, 2026, except as described in section 25-7-1506, SECTION 25-7-1503 (2),AND SUBSECTION (3) OF THIS SECTION, apersonshallnotmanufacture,distribute,sell,offerforsale,lease,oroffer for lease in Colorado any of the following new products unless the emissions of the product do not exceed the following emissions limits, as applicable:
(2) Equipment that is certified to the most recRECENTLY PUBLISHED versionoftheEnergyStarprogramfortherelevantequipment type is deemed to comply with the requirements of subsection (1) SUBSECTIONS (1)AND (3) of this section.
(2) Equipment that is certified to the most recent RECENTLY PUBLISHED version of the Energy Star program for the relevant equipment type is deemed to comply with the requirements of subsection (1) SUBSECTIONS (1)AND (3) of this section.
(3) O N AND AFTER JANUARY 1, 2031,A PERSON SHALL NOT MANUFACTURE ,DISTRIBUTE,SELL,OFFERFORSALE ,LEASE,OROFFERFOR LEASE IN COLORADO ANY NEW WATER HEATER OR FAN -TYPE CENTRAL FURNACE DESIGNED AND LISTED EXCLUSIVELY FOR INSTALLATION IN A MANUFACTURED HOME UNLESS THE EMISSIONS OF THE PRODUCT DO NOT EXCEED FORTY NANOGRAMS OF NO X PER JOULE OF HEAT INP.T -15- 002 SECTION 4.
(3) O N AND AFTER JANUARY 1, 2031, A PERSON SHALL NOT MANUFACTURE , DISTRIBUTE ,SELL,OFFER FOR SALE ,LEASE ,OR OFFER FOR LEASE IN COLORADO ANY NEW WATER HEATER OR FAN -TYPE CENTRAL FURNACE DESIGNED AND LISTED EXCLUSIVELY FOR INSTALLATION IN A MANUFACTURED HOME UNLESS THE EMISSIONS OF THE PRODUCT DO NOT EXCEED FORTY NANOGRAMS OF NO X PER JOULE OF HEAT INPUT .
In Colorado Revised Statutes, 25-7-1505, amend (1);
SECTION4.
InColoradoRevisedStatutes,25-7-1505,amend(1);
(1) Manufacturers of natural-gas-fueled water heaters described by INsection25-7-1503(1)(a)shalltesteachapplicablemodelforsalein Colorado in accordance with:
(1) Manufacturers of natural-gas-fueled water heaters described by IN section 25-7-1503 (1)(a) shall test each applicable model for sale in Colorado in accordance with:
(b) T HE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT METHOD 100.1 "I NSTRUMENTAL A NALYZER PROCEDURES FOR C ONTINUOUS GASEOUS EMISSION SAMPLING",AS AMENDED ;OR (c) AN EQUIVALENT TEST PROTOCOL ADOPTED OR APPROVED BY A LOCAL, STATE,OR FEDERAL AIR QUALITY AGENCY FOR DETERMINING NO X EMISSIONS FROM APPLICABLE FOSS-FUELED WATER HEATERS .
PAGE 13-SENATE BILL 26-002 (b) THESOUTHCOASTAIRQUALITYMANAGEMENTDISTRICTMETHOD 100.1"INSTRUMENTAL ANALYZER PROCEDURESFOR CONTINUOUS GASEOUS EMISSION SAMPLING ",AS AMENDED ;
(2.5) ESTINGCONDUCTEDPURSUANTTOSUBSECTIONS (1)AND (2) OF THIS SECTION MUST BE PERFORMED USING THE FUE, BURNER, AND CONTROL CONFIGURATION ,INCLUDING ANY HIGH -ALTITUDE OR FUEL CONVERSION KITS, TEST ELEVATION OR SIMULATED ELEVATION , AND OPERATING CONDITIONS THAT ARE REPRESENTATIVE OF NORMAL FIELD USE OF THE MODEL AS IT IS MARKETED FOR INSTALLATIOC OLORADO .
OR (c) AN EQUIVALENT TEST PROTOCOL ADOPTED OR APPROVED BY A LOCAL ,STATE,OR FEDERAL AIR QUALITY AGENCY FOR DETERMINING NO X EMISSIONS FROM APPLICABLE FOSSIL-FUELED WATER HEATERS .
(2.5) TESTING CONDUCTED PURSUANT TO SUBSECTIONS (1)AND (2) OF THIS SECTION MUST BE PERFORMED USING THE FUEL , BURNER ,AND CONTROL CONFIGURATION , INCLUDING ANY HIGH -ALTITUDE OR FUEL CONVERSION KITS , TEST ELEVATION OR SIMULATED ELEVATION , AND OPERATING CONDITIONS THAT ARE REPRESENTATIVE OFNORMALFIELDUSE OF THE MODEL AS IT IS MARKETED FOR INSTALLATION IN OLORADO .
"Infrastructure Investment and Jobs Act" cash fund - creation - allowable uses - report - compliance monitoring - legislative declaration - definitions - repeal.
"InfrastructureInvestmentandJobsAct"cashfund -creation-allowableuses-report-compliancemonitoring-legislative declaration - definitions - repeal.
-16- 002 (4) (c) On June 30, 202UNE30, 2031, the state treasurer shall transfer all unexpended money in the fund to the general fund.
(4) (c) On June 30, 2028 UNE 30, 2031, the state treasurer shall transfer all unexpended money in the fund to the general fund.
(8) This section is repealed, effective JulyULY1, 2031.
(8) This section is repealed, effective July 1, 20281, 2031.
Any unexpended and unencumbered money remaining in the fund upon the repeal of this section reverts to the general fund.
Anyunexpendedandunencumberedmoneyremaininginthefunduponthe repeal of this section reverts to the general fund.
on the day following the expiration of the ninety-dayperiodafterfinaladjournmentofthegeneralassembly(August 12, 2026, if adjournment sine die is on May 13, 2026);
on the day following the expiration of the ninety-dayperiod after final adjournment of the general assembly(August 12, 2026, if adjournment sine die is on May 13, 2026);
except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
except that, if a referendumpetitionisfiledpursuanttosection1(3)ofarticleVofthestate constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless PAGE 14-SENATE BILL 26-002 approvedbythepeopleatthegeneralelectiontobeheldinNovember2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.
-17- 002
____________________________ ____________________________ James Rashad Coleman, Sr.
Julie McCluskie PRESIDENT OF SPEAKER OF THE HOUSE THE SENATE OF REPRESENTATIVES ____________________________ ____________________________ Esther van Mourik Vanessa Reilly SECRETARY OF CHIEF CLERK OF THE HOUSE THE SENATE OF REPRESENTATIVES APPROVED________________________________________ (Date and Time) _________________________________________ Jared S.
Polis GOVERNOR OF THE STATE OF COLORADO PAGE 15-SENATE BILL 26-002
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