Low-Income Energy Assistance Act

(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.#