# Low-Income Energy Assistance Act

**Citation:** 4 CCR 723-4 Rule 4411  
**Type / status:** regulation / current  
**Agency:** Colorado Public Utilities Commission  
**Effective:** Not stated  
**Published:** Not stated

(a) Scope and applicability. (I) Rule 4411 is applicable to gas and combined gas and electric utility providers except those exempted under subparagraph (II) or (III) of this rule. Pursuant to §§ 40-8.7-101 through 111, C.R.S., utilities are required to provide an opportunity for their customers to 

## Document text

(a) Scope and applicability.
(I) Rule 4411 is applicable to gas and combined gas and electric utility
providers except those exempted under subparagraph (II) or (III) of this
rule. Pursuant to §§ 40-8.7-101 through 111, C.R.S., utilities are required
to provide an opportunity for their customers to contribute an optional
amount through the customers’ monthly billing statement.
(II) Municipally owned gas or gas and electric utilities are exempt if:

(A) the utility operates an alternative energy assistance program to
support its income qualified customers with their energy needs and
self-certifies to the Organization through written statement that its
program meets the following criteria:
(i) the amount and method for funding of the program has been
determined by the utility’s governing body; and
(ii) the program monies will be collected and distributed in a
manner and under eligibility criteria determined by the
governing body for the purpose of residential energy
assistance to customers who are challenged with paying
energy bills for financial reasons, including seniors on fixed
incomes, individuals with disabilities, and income qualified
individuals, or,
(B) the governing body of the utility determines its service area has a
limited number of people who qualify for energy assistance and
self-certifies to the Organization via written statement such
determination.
(III) A municipally owned gas or gas and electric utility not exempt under
subparagraph (a)(II) of this rule, is exempt if:
(A) the utility designs and implements a procedure to notify all
customers at least twice each year of the option to conveniently
contribute to the Organization by means of a monthly energy
assistance charge. Such procedure shall be approved by the
governing utility. The governing body of such utility shall determine
the disposition and delivery of the optional energy assistance
charge that it collects on the following basis:
(i) delivering the collections to the organization for distribution;
or
(ii) distributing the moneys under criteria developed by the
governing body for the purpose set forth in subparagraph
(a)(II)(A)(ii) of this rule;

(B) alternatively, the utility provides funding for energy assistance to
the Organization by using a source of funding other than the
optional customer contribution on each customer bill that
approximates the amount reasonably expected to be collected from
an optional charge on customer’s bills.
(IV) A municipal gas or gas and electric utility that is exempt under
subparagraph (a)(III) of this rule shall be entitled to participate in the
Organization’s low-income assistance program.
(V) Gas or gas and electric utilities that desire a change in status must inform
the Organization and file a notice to the Commission within 30 days prior
to expected changes.
(b) Definitions. The following definitions apply only in the context of rule 4411. In the
event of a conflict between these definitions and a statutory definition, the
statutory definition shall apply.
(I) “Alternative energy assistance program” means a program operated by a
municipally owned electric and gas utility or rural electric cooperative that
is not part of the energy assistance program established pursuant to this
statute.
(II) “Customer” means the named holder of an individually metered account
upon which charges for electricity or gas are paid to a utility. “Customer”
shall not include a customer who receives electricity or gas for the sole
purpose of reselling the electricity or gas to others.
(III) “Energy assistance program” or “Program” means the Low Income Energy
Assistance Program created by § 40-8.7-104, C.R.S., and designed to
provide financial assistance, residential energy efficiency, and energy
conservation assistance.
(IV) “Organization” means Energy Outreach Colorado, a Colorado nonprofit
corporation.
(V) “Remittance device” means the section of a customer’s utility bill
statement that is returned to the utility company for payment. This includes
but is not limited to paper payment stubs, web page files used to
electronically collect payments, and electronic fund transfers.
(VI) “Utility” means a corporation, association, partnership, cooperative electric
association, or municipally owned entity that provides retail electric service
or retail gas service to customers in Colorado. “Utility” does not mean a
propane company.
(c) Plan implementation and maintenance.

(I) Except as provided in paragraph 4411(a), each utility shall implement and
maintain a customer opt-in contribution mechanism. The utility’s opt-in
mechanism shall include, at minimum, the following provisions.
(A) A description of the procedures the utility will use to notify its
customers, including those customers that make payments
electronically, about the opt-in provision. Utilities may combine their
efforts to notify customers into a single state-wide or region-wide
effort consistent with the participating utilities communication
programs. Each participating utility shall clearly identify its support
of the combined communications program, with its corporate name
and/or logo visible to the intended audience.
(B) A description of the additional efforts the utility will use to inform its
customers about the program to ensure that adequate notice of the
opt-in provision is given to all customers. Notification shall include
communication to all customers that the donation and related
information will be passed through to the Organization.
(C) A description of the check-off mechanism that will be displayed on
the monthly remittance device to solicit voluntary donations. The
remittance device shall include, at minimum, check-off categories of
five dollars, ten dollars, twenty dollars, and “other amount”. The
remittance device must also note the name of the program as the
“voluntary energy assistance program,” or if the utility is unable to
identify the name of the program individually, the utility shall use a
general energy assistance identifier approved by the Commission.
(D) A description or an example of how the utility will display the
voluntary contribution as a separate line item on the customer’s
monthly billing statement and how the voluntary contribution will be
included in the total amount due. The line item must identify the
contribution as “voluntary”.

(E) A description of the notification process that the utility will use to
ensure that once a utility customer opts into the program, the
energy assistance contribution will be assessed on a monthly basis
until the customer notifies the utility of the customer’s desire to stop
contributing. The utility shall describe how it will manage
participation in the program when customers miss one or more
voluntary payment, or pay less than the pre-selected donation
amount.
(F) Identification of the procedures the utility will use to notify
customers of their ability to cancel or discontinue voluntary
contributions along with a description of the mechanism the utility
will use to allow customers who make electronic payments to
discontinue their participation in the opt-in program.
(G) A description of the procedures the utility will use, where feasible,
to notify customers participating in the program about the
customer’s ability to continue to contribute when the customer
changes their address within the utility’s service territory.
(H) A description of the method the utility will use to provide clear,
periodic, and cost-effective notice of the opt-in provision to its
customers at least twice per year. Acceptable methods include, but
are not limited to, bill inserts, statements on the bill or envelope,
and other utility communication pieces.
(I) A description of the start-up costs that the utility incurred in
connection with the program along with supporting detailed
justification for such costs. The description should include the
utility’s initial costs of setting up the collection mechanism and
reformatting its billing systems to solicit the optional contribution but
shall not include the cost of any notification efforts by the utility.
Utilities may elect to recover all start-up costs before the remaining
moneys generated by the program are distributed to the
Organization or over a period of time from the funds generated by
the program, subject to Commission review and approval.
(J) An estimate of the on-going costs that the utility expects to incur in
connection with the program along with supporting detailed
justification for such costs. This estimate shall not include the cost
of any notification efforts by the utility.
(K) A detailed justification for the costs identified in subparagraphs (I)
and (J). As stated in § 40-8.7-104(3), C.R.S., the costs incurred
must be reasonable in connection with the program.

(L) Utilities shall recover the start up cost and on-going cost of
administration associated with the program from funds generated
from the program. Insert and notification costs shall be considered
in the utility’s cost of service.
(M) A description of the procedures the utility will use to account for and
process program donations separately from customer payments for
utility services.
(II) Each utility shall participate in the energy assistance program consistent
with its plan approved by the Commission and shall provide the
opportunity for its customers to make an optional energy assistance
contribution on the monthly remittance device on their utility bill.
(III) The utility may submit an application to the Commission no later than April
1 of each year for approval of reimbursement costs the utility incurred for
the program during the previous calendar year. Such application shall
include a proposed schedule for the reimbursement of these costs to the
utility. The applications shall include detailed supporting justification for
approval of these costs. Such detailed justification includes, but is not
limited to, copies of invoices and time sheets. Such applications shall not
seek reimbursement of costs related to notification efforts. Participating
utilities may request reimbursement costs for such notification efforts in
base rate filings, subject to Commission review and approval.
(IV) A utility may seek modification of its initial plan or subsequent plans by
filing an application with the Commission.
(d) Fund administration.
(I) At a minimum, each utility shall transfer the funds collected from its
customers under the energy assistance program to the organization under
the following schedule:
(A) for the funds collected during the period of January 1 to March 31
of each year, the utility shall transfer the collected funds to the
Organization before May 1 of such year;
(B) for the funds collected during the period of April 1 to June 30 of
each year, the utility shall transfer the collected funds to the
Organization before August 1 of such year;
(C) for the funds collected during the period of July 1 to September 30
of each year, the utility shall transfer the collected funds to the
Organization before November 1 of such year;

(D) for the funds collected during the period of October 1 to December
31 of each year, the utility shall transfer the collected funds to the
Organization before February 1 of the next year; and
(E) each utility shall maintain a separate accounting for all energy
assistance program funds received by customers.
(II) Each utility shall provide the organization with the following information.
(A) How the funds collected for the previous calendar year were
generated, including the number of customers participating in the
program. Such report shall include a summary of the number of
program participants and funds collected by month, and shall be
provided by February 1 of each year.
(B) At each time funds are remitted, a listing of all program participants
including the donor’s name, billing address, and monthly donation
amount. The participant information provided to the organization
shall be used exclusively for complying with the requirements of §
40-8.7-101, C.R.S., et seq. and state and federal laws.
(III) The Public Utilities Commission shall submit, as necessary, a bill for
payment to the Organization for any administrative costs incurred
pursuant to the program.
(IV) The organization shall provide the Office of Utility Consumer Advocate
and the Public Utilities Commission with a copy of the written report that is
described in § 40-8.7-110, C.R.S. This report shall not contain individual
participant information.
(e) Prohibition of disconnection. Utilities shall not disconnect a customer’s gas
service for non-payment of optional contribution amounts.

## Provenance

- Official: Yes
- Source: <https://www.sos.state.co.us/CCR/DisplayRule.do?action=ruleinfo&ruleId=2260&deptID=18&agencyID=96&deptName=Department%20of%20Regulatory%20Agencies&agencyName=Public%20Utilities%20Commission&seriesNum=4%20CCR%20723-4>
- Source ID: `co-sos-ccr`
- SHA-256: `b0364bd594f96d4a8ef8e5f6889a1056700f269ff2158639f2c7c46b00627c88`
- Retrieved: 2026-08-12T04:36:48.096Z
- Exported: 2026-08-22T01:54:04.180Z
- Document slug: `co-ccr-4-723-4-4411`

### Source metadata

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  "code": "4 CCR 723-4",
  "ruleKey": "4411",
  "pipelineScope": "colorado-jurisdictional-gas-utilities",
  "legalScope": "Current 4 CCR 723-4 rules regulating Colorado jurisdictional gas utilities and gas master-meter operators, including construction, operation, system safety, gas infrastructure planning, metering, service, and enforcement provisions. This is an adjacent gas-utility corpus, not a replacement for the repealed dedicated 4900-series pipeline-safety rules.",
  "applicabilityCaveat": "Part 4 applies according to Colorado Public Utilities Commission jurisdiction and each rule's scope. The former dedicated pipeline-safety rules 4900 through 4975 are reserved after repeal; this connector does not represent them as current. Part 4 does not replace federal pipeline-safety requirements, determine whether a facility is interstate or intrastate, or resolve operator-specific orders, waivers, tariffs, or later rulemaking.",
  "references": [
    {
      "citation": "40-8.7-104 C.R.S.",
      "referenceType": "colorado-revised-statutes",
      "url": null
    },
    {
      "citation": "40-8.7-104(3) C.R.S.",
      "referenceType": "colorado-revised-statutes",
      "url": null
    },
    {
      "citation": "40-8.7-101 C.R.S.",
      "referenceType": "colorado-revised-statutes",
      "url": null
    },
    {
      "citation": "40-8.7-110 C.R.S.",
      "referenceType": "colorado-revised-statutes",
      "url": null
    }
  ],
  "ruleInfoUrl": "https://www.sos.state.co.us/CCR/DisplayRule.do?action=ruleinfo&ruleId=2260&deptID=18&agencyID=96&deptName=Department%20of%20Regulatory%20Agencies&agencyName=Public%20Utilities%20Commission&seriesNum=4%20CCR%20723-4",
  "pucRulesUrl": "https://puc.colorado.gov/gasrulesandregulations",
  "ruleVersionId": "12549",
  "editionEffectiveOn": "2026-06-14",
  "publicationStatus": "The Colorado Secretary of State identifies the source as the official publication of state administrative rules. The edition date applies to the compiled rule version and is not represented as the effective date of every provision.",
  "rights": "Official state rule text is preserved with attribution and source links. Public accessibility does not imply rights in agency marks, third-party material, or incorporated standards; commercial redistribution requires review.",
  "region": "CO"
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```