{"operation":"document","citation":"4 CCR 723-4 Rule 4411","title":"Low-Income Energy Assistance Act","source_type":"regulation","agency":"Colorado Public Utilities Commission","status":"current","official":true,"published_on":null,"effective_on":null,"summary":"(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 ","machine_formats":{"json":"https://regulus.evalyn.ai/document/co-ccr-4-723-4-4411.json","markdown":"https://regulus.evalyn.ai/document/co-ccr-4-723-4-4411.md"},"app_url":"https://regulus.evalyn.ai/document/co-ccr-4-723-4-4411","source_url":"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","body":"(a) Scope and applicability.\n(I) Rule 4411 is applicable to gas and combined gas and electric utility\nproviders except those exempted under subparagraph (II) or (III) of this\nrule. Pursuant to §§ 40-8.7-101 through 111, C.R.S., utilities are required\nto provide an opportunity for their customers to contribute an optional\namount through the customers’ monthly billing statement.\n(II) Municipally owned gas or gas and electric utilities are exempt if:\n\n(A) the utility operates an alternative energy assistance program to\nsupport its income qualified customers with their energy needs and\nself-certifies to the Organization through written statement that its\nprogram meets the following criteria:\n(i) the amount and method for funding of the program has been\ndetermined by the utility’s governing body; and\n(ii) the program monies will be collected and distributed in a\nmanner and under eligibility criteria determined by the\ngoverning body for the purpose of residential energy\nassistance to customers who are challenged with paying\nenergy bills for financial reasons, including seniors on fixed\nincomes, individuals with disabilities, and income qualified\nindividuals, or,\n(B) the governing body of the utility determines its service area has a\nlimited number of people who qualify for energy assistance and\nself-certifies to the Organization via written statement such\ndetermination.\n(III) A municipally owned gas or gas and electric utility not exempt under\nsubparagraph (a)(II) of this rule, is exempt if:\n(A) the utility designs and implements a procedure to notify all\ncustomers at least twice each year of the option to conveniently\ncontribute to the Organization by means of a monthly energy\nassistance charge. Such procedure shall be approved by the\ngoverning utility. The governing body of such utility shall determine\nthe disposition and delivery of the optional energy assistance\ncharge that it collects on the following basis:\n(i) delivering the collections to the organization for distribution;\nor\n(ii) distributing the moneys under criteria developed by the\ngoverning body for the purpose set forth in subparagraph\n(a)(II)(A)(ii) of this rule;\n\n(B) alternatively, the utility provides funding for energy assistance to\nthe Organization by using a source of funding other than the\noptional customer contribution on each customer bill that\napproximates the amount reasonably expected to be collected from\nan optional charge on customer’s bills.\n(IV) A municipal gas or gas and electric utility that is exempt under\nsubparagraph (a)(III) of this rule shall be entitled to participate in the\nOrganization’s low-income assistance program.\n(V) Gas or gas and electric utilities that desire a change in status must inform\nthe Organization and file a notice to the Commission within 30 days prior\nto expected changes.\n(b) Definitions. The following definitions apply only in the context of rule 4411. In the\nevent of a conflict between these definitions and a statutory definition, the\nstatutory definition shall apply.\n(I) “Alternative energy assistance program” means a program operated by a\nmunicipally owned electric and gas utility or rural electric cooperative that\nis not part of the energy assistance program established pursuant to this\nstatute.\n(II) “Customer” means the named holder of an individually metered account\nupon which charges for electricity or gas are paid to a utility. “Customer”\nshall not include a customer who receives electricity or gas for the sole\npurpose of reselling the electricity or gas to others.\n(III) “Energy assistance program” or “Program” means the Low Income Energy\nAssistance Program created by § 40-8.7-104, C.R.S., and designed to\nprovide financial assistance, residential energy efficiency, and energy\nconservation assistance.\n(IV) “Organization” means Energy Outreach Colorado, a Colorado nonprofit\ncorporation.\n(V) “Remittance device” means the section of a customer’s utility bill\nstatement that is returned to the utility company for payment. This includes\nbut is not limited to paper payment stubs, web page files used to\nelectronically collect payments, and electronic fund transfers.\n(VI) “Utility” means a corporation, association, partnership, cooperative electric\nassociation, or municipally owned entity that provides retail electric service\nor retail gas service to customers in Colorado. “Utility” does not mean a\npropane company.\n(c) Plan implementation and maintenance.\n\n(I) Except as provided in paragraph 4411(a), each utility shall implement and\nmaintain a customer opt-in contribution mechanism. The utility’s opt-in\nmechanism shall include, at minimum, the following provisions.\n(A) A description of the procedures the utility will use to notify its\ncustomers, including those customers that make payments\nelectronically, about the opt-in provision. Utilities may combine their\nefforts to notify customers into a single state-wide or region-wide\neffort consistent with the participating utilities communication\nprograms. Each participating utility shall clearly identify its support\nof the combined communications program, with its corporate name\nand/or logo visible to the intended audience.\n(B) A description of the additional efforts the utility will use to inform its\ncustomers about the program to ensure that adequate notice of the\nopt-in provision is given to all customers. Notification shall include\ncommunication to all customers that the donation and related\ninformation will be passed through to the Organization.\n(C) A description of the check-off mechanism that will be displayed on\nthe monthly remittance device to solicit voluntary donations. The\nremittance device shall include, at minimum, check-off categories of\nfive dollars, ten dollars, twenty dollars, and “other amount”. The\nremittance device must also note the name of the program as the\n“voluntary energy assistance program,” or if the utility is unable to\nidentify the name of the program individually, the utility shall use a\ngeneral energy assistance identifier approved by the Commission.\n(D) A description or an example of how the utility will display the\nvoluntary contribution as a separate line item on the customer’s\nmonthly billing statement and how the voluntary contribution will be\nincluded in the total amount due. The line item must identify the\ncontribution as “voluntary”.\n\n(E) A description of the notification process that the utility will use to\nensure that once a utility customer opts into the program, the\nenergy assistance contribution will be assessed on a monthly basis\nuntil the customer notifies the utility of the customer’s desire to stop\ncontributing. The utility shall describe how it will manage\nparticipation in the program when customers miss one or more\nvoluntary payment, or pay less than the pre-selected donation\namount.\n(F) Identification of the procedures the utility will use to notify\ncustomers of their ability to cancel or discontinue voluntary\ncontributions along with a description of the mechanism the utility\nwill use to allow customers who make electronic payments to\ndiscontinue their participation in the opt-in program.\n(G) A description of the procedures the utility will use, where feasible,\nto notify customers participating in the program about the\ncustomer’s ability to continue to contribute when the customer\nchanges their address within the utility’s service territory.\n(H) A description of the method the utility will use to provide clear,\nperiodic, and cost-effective notice of the opt-in provision to its\ncustomers at least twice per year. Acceptable methods include, but\nare not limited to, bill inserts, statements on the bill or envelope,\nand other utility communication pieces.\n(I) A description of the start-up costs that the utility incurred in\nconnection with the program along with supporting detailed\njustification for such costs. The description should include the\nutility’s initial costs of setting up the collection mechanism and\nreformatting its billing systems to solicit the optional contribution but\nshall not include the cost of any notification efforts by the utility.\nUtilities may elect to recover all start-up costs before the remaining\nmoneys generated by the program are distributed to the\nOrganization or over a period of time from the funds generated by\nthe program, subject to Commission review and approval.\n(J) An estimate of the on-going costs that the utility expects to incur in\nconnection with the program along with supporting detailed\njustification for such costs. This estimate shall not include the cost\nof any notification efforts by the utility.\n(K) A detailed justification for the costs identified in subparagraphs (I)\nand (J). As stated in § 40-8.7-104(3), C.R.S., the costs incurred\nmust be reasonable in connection with the program.\n\n(L) Utilities shall recover the start up cost and on-going cost of\nadministration associated with the program from funds generated\nfrom the program. Insert and notification costs shall be considered\nin the utility’s cost of service.\n(M) A description of the procedures the utility will use to account for and\nprocess program donations separately from customer payments for\nutility services.\n(II) Each utility shall participate in the energy assistance program consistent\nwith its plan approved by the Commission and shall provide the\nopportunity for its customers to make an optional energy assistance\ncontribution on the monthly remittance device on their utility bill.\n(III) The utility may submit an application to the Commission no later than April\n1 of each year for approval of reimbursement costs the utility incurred for\nthe program during the previous calendar year. Such application shall\ninclude a proposed schedule for the reimbursement of these costs to the\nutility. The applications shall include detailed supporting justification for\napproval of these costs. Such detailed justification includes, but is not\nlimited to, copies of invoices and time sheets. Such applications shall not\nseek reimbursement of costs related to notification efforts. Participating\nutilities may request reimbursement costs for such notification efforts in\nbase rate filings, subject to Commission review and approval.\n(IV) A utility may seek modification of its initial plan or subsequent plans by\nfiling an application with the Commission.\n(d) Fund administration.\n(I) At a minimum, each utility shall transfer the funds collected from its\ncustomers under the energy assistance program to the organization under\nthe following schedule:\n(A) for the funds collected during the period of January 1 to March 31\nof each year, the utility shall transfer the collected funds to the\nOrganization before May 1 of such year;\n(B) for the funds collected during the period of April 1 to June 30 of\neach year, the utility shall transfer the collected funds to the\nOrganization before August 1 of such year;\n(C) for the funds collected during the period of July 1 to September 30\nof each year, the utility shall transfer the collected funds to the\nOrganization before November 1 of such year;\n\n(D) for the funds collected during the period of October 1 to December\n31 of each year, the utility shall transfer the collected funds to the\nOrganization before February 1 of the next year; and\n(E) each utility shall maintain a separate accounting for all energy\nassistance program funds received by customers.\n(II) Each utility shall provide the organization with the following information.\n(A) How the funds collected for the previous calendar year were\ngenerated, including the number of customers participating in the\nprogram. Such report shall include a summary of the number of\nprogram participants and funds collected by month, and shall be\nprovided by February 1 of each year.\n(B) At each time funds are remitted, a listing of all program participants\nincluding the donor’s name, billing address, and monthly donation\namount. The participant information provided to the organization\nshall be used exclusively for complying with the requirements of §\n40-8.7-101, C.R.S., et seq. and state and federal laws.\n(III) The Public Utilities Commission shall submit, as necessary, a bill for\npayment to the Organization for any administrative costs incurred\npursuant to the program.\n(IV) The organization shall provide the Office of Utility Consumer Advocate\nand the Public Utilities Commission with a copy of the written report that is\ndescribed in § 40-8.7-110, C.R.S. This report shall not contain individual\nparticipant information.\n(e) Prohibition of disconnection. Utilities shall not disconnect a customer’s gas\nservice for non-payment of optional contribution amounts.","truncated":false,"body_characters":12641}