CO Code § 40-8.7-112 (2021)
2021 Colorado Code|Title 40 - Utilities|Article 8.7 - Low-Income Energy Assistance|§ 40-8.7-112. Department of Human Services Low-Income Energy Assistance Fund - Energy Outreach Colorado Low-Income Energy Assistance Fund - Colorado Energy Office Low-Income Energy Assistance Fund - Creation of - Definitions - Repeal

  There is hereby created in the state treasury the department of human services low-income energy assistance fund, which shall be administered by the department of human services. All money in the fund is continuously appropriated to the department of human services for the purpose of increasing available funds under the low-income energy assistance program specified in section 26-1-109. All money in the fund at the end of each fiscal year remains in the fund and does not revert to the general fund or any other fund.        There is hereby created in the state treasury the energy outreach Colorado low-income energy assistance fund, administered by the Colorado energy office. The fund consists of all money that the general assembly appropriates or transfers to the fund for the purposes set forth in this subsection (2). All money in the fund is continuously appropriated to the Colorado energy office for distribution to the organization to be used for the purposes set forth in this subsection (2). Except as provided in subsection (2)(a)(II) of this section, all money in the fund at the end of each fiscal year remains in the fund and does not revert to the general fund or any other fund. (a) (I)There is hereby created in the state treasury the energy outreach Colorado low-income energy assistance fund, administered by the Colorado energy office. The fund consists of all money that the general assembly appropriates or transfers to the fund for the purposes set forth in this subsection (2). All money in the fund is continuously appropriated to the Colorado energy office for distribution to the organization to be used for the purposes set forth in this subsection (2). Except as provided in subsection (2)(a)(II) of this section, all money in the fund at the end of each fiscal year remains in the fund and does not revert to the general fund or any other fund.    Repealed.       The organization shall use moneys it receives from the Colorado energy office pursuant to paragraph (a) of this subsection (2) to provide direct bill payment assistance to low-income households when the department of human services is not accepting client applications for the program specified in section 26-1-109, C.R.S. Bill payments shall be paid to each utility as vendor payments. The organization may use up to five percent of the moneys for administration of the direct bill payment assistance in accordance with generally accepted accounting principles.    The organization shall hold and administer all moneys it receives from the Colorado energy office pursuant to paragraph (a) of this subsection (2) in a separately identifiable account, the use of which shall be restricted to the purposes set forth in paragraph (b) of this subsection (2). The organization shall maintain its books and records pertaining to any moneys received from the Colorado energy office in accordance with generally accepted accounting principles. If the organization commingles the moneys with other assets of the organization for investment purposes, the organization shall maintain accurate accounts of the investment moneys and shall credit or charge a pro rata portion of all investment earnings, gains, or losses to the account that holds the moneys received from the Colorado energy office pursuant to paragraph (a) of this subsection (2).    The organization shall develop an annual budget for the direct bill payment assistance program to determine the allocation of the moneys received from the Colorado energy office pursuant to paragraph (a) of this subsection (2).    The organization shall include information related to any moneys received from the Colorado energy office pursuant to paragraph (a) of this subsection (2) in the report it prepares pursuant to section 40-8.7-110.      The state treasurer shall transfer four million eight hundred thousand dollars from the care subfund in the general fund to the coronavirus relief account in the energy outreach Colorado low-income energy assistance fund, which account is hereby created. The money transferred to the coronavirus relief account pursuant to this subsection (2)(f) is continuously appropriated to the Colorado energy office for distribution to the organization to be used for the purpose set forth in this subsection (2)(f). (f) (I) The state treasurer shall transfer four million eight hundred thousand dollars from the care subfund in the general fund to the coronavirus relief account in the energy outreach Colorado low-income energy assistance fund, which account is hereby created. The money transferred to the coronavirus relief account pursuant to this subsection (2)(f) is continuously appropriated to the Colorado energy office for distribution to the organization to be used for the purpose set forth in this subsection (2)(f).    The organization shall use money it receives from the Colorado energy office pursuant to this subsection (2)(f) to provide direct utility bill payment assistance to low-income households facing economic hardship caused by the COVID-19 pandemic, as permitted under the “Coronavirus Aid, Relief, and Economic Security Act”, Pub.L. 116-136, also referred to as the “CARES Act”. To receive direct bill payment assistance pursuant to this subsection (2)(f), a low-income household must certify pursuant to subsection (2)(f)(IV) of this section that its need for direct utility bill payment assistance results from the public health emergency caused by the COVID-19 pandemic.    The organization shall make a direct utility bill payment authorized pursuant to this subsection (2)(f) as a vendor payment to a utility, including a municipally owned gas, electric, or gas and electric utility or a cooperative electric association that operates an alternative energy assistance program pursuant to section 40-8.7-106. The organization shall not use any portion of the money it receives from the Colorado energy office pursuant to this subsection (2)(f) for administrative purposes.    As part of an application filed to request direct utility bill payment assistance pursuant to this subsection (2)(f), the organization shall require the applicant to certify in good faith substantially the following: This household needs direct utility bill payment assistance for its ongoing energy needs. The need for direct utility bill payment assistance is due to economic hardship incurred due to the public health emergency resulting from the COVID-19 pandemic.    The organization shall hold and administer all money it receives from the Colorado energy office pursuant to this subsection (2)(f) in a separately identifiable account, the use of which is restricted to the purpose set forth in this subsection (2)(f). The organization shall maintain its books and records pertaining to any money received from the Colorado energy office pursuant to this subsection (2)(f) in accordance with generally accepted accounting principles. The organization shall not commingle the money received pursuant to this subsection (2)(f) with any other assets of the organization.    The organization must spend all of the money it receives from the Colorado energy office pursuant to this subsection (2)(f) before December 11, 2021. The organization shall return to the state any unexpended money received pursuant to this subsection (2)(f) under terms dictated by the state controller for the purpose of transmitting the unexpended money to the unemployment compensation fund, created in section 8-77-101 (1)(a), on or before December 31, 2021.    This subsection (2)(f) is repealed, effective September 1, 2022.            There is hereby created in the state treasury the Colorado energy office low-income energy assistance fund, which shall be administered by the Colorado energy office and shall consist of all money transferred to the fund, all money received as a result of contracts entered into by the Colorado energy office for the office's program to improve the home energy efficiency of low-income households, and all money received by the Colorado energy office from gifts, grants, and donations for the office's program to improve the home energy efficiency of low-income households. All money in the fund is continuously appropriated to the Colorado energy office to be used for the purposes set forth in this subsection (3). All money in the fund at the end of each fiscal year remains in the fund and does not revert to the general fund or any other fund.    The Colorado energy office shall use moneys it receives pursuant to paragraph (a) of this subsection (3) for a program to provide home energy efficiency improvements for low-income households, which shall include any of the following services:   Providing low-cost and cost-effective energy efficiency measures and energy education to low-income households in general;    Retrofitting households with low-cost and cost-effective energy efficiency measures through the state weatherization assistance program;    Providing heating system and other appliance replacement;    Providing cost-effective renewable energy measures;    Supplementing the funding for any energy efficiency measures or services offered to low-income households through electric or gas utility energy efficiency or renewable energy programs; or    Paying a portion of the cost for energy efficiency upgrades to new housing built for low-income families.       Households eligible for the home energy efficiency program described in paragraph (b) of this subsection (3) shall be at or below one hundred percent of the area median income guidelines adjusted for family size based on the most recently published area median income limits established by the United States department of housing and urban development.    In carrying out the program to improve the home energy efficiency of low-income households, the Colorado energy office shall:   Serve as many low-income households throughout the state as possible;    Achieve the maximum lifetime energy savings per dollar expended;    Use competitive bidding procedures to hire contractors; and    Whenever feasible, contract with Colorado accredited youth corps to provide labor.       The Colorado energy office may use up to five percent of the moneys transferred pursuant to paragraph (a) of this subsection (3) for planning, overseeing, and evaluating the program to improve the home energy efficiency of low-income households. The Colorado energy office shall not hire additional state employees using moneys transferred pursuant to paragraph (a) of this subsection (3) to implement the program but may contract with nonprofit organizations, for-profit organizations, and governmental entities as is necessary to carry out the program.    For any fiscal year in which moneys are expended as part of the program to improve the home energy efficiency of low-income households, the Colorado energy office shall prepare and submit to the general assembly an annual report that specifies:   How the moneys were expended;    The number of households served;    The expected energy savings and other nonenergy benefits; and    Recommendations for any future programs of this nature.       If the governor's energy office, as it existed prior to July 1, 2012, cannot use all of the moneys it receives for the state fiscal year commencing July 1, 2008, pursuant to paragraph (a) of this subsection (3) for the program described in paragraph (b) of this subsection (3), at the end of the fiscal year the state treasurer shall transfer the moneys that the governor's energy office cannot use to the clean energy fund created in section 24-75-1201 (1), C.R.S., as said fund existed prior to July 1, 2012.       As used in this section, unless the context otherwise requires:   “Colorado accredited youth corps” means a youth corps organization that is accredited by the Colorado youth corps association or the national association of service and conservation corps, or any successor organization.  (a.5) “Colorado energy office” means the Colorado energy office created in section 24-38.5-101 , C.R.S.     “Cost-effective” means energy efficiency measures whose monetary benefits exceed costs over the lifetime of the measures.  (b.3) “COVID-19” means the coronavirus disease 2019 caused by the severe acute respiratory syndrome coronavirus 2, also known as SARS-CoV-2.     “Energy efficiency measures” means measures that reduce consumption of fossil fuels or electricity.    Repealed.        History. Source: L. 2008: Entire section added, p. 1868, § 4, effective June 2; (3)(c) amended, p. 1337, § 12, effective May 27. L. 2009: (1) amended,(SB 09-279), ch. 367, p. 1932, § 24, effective June 1. L. 2010: (1)(c) added,(HB 10-1319), ch. 28, p. 104, § 2, effective March 18. L. 2011: (1)(d) and (1)(e) added,(SB 11-226), ch. 190, p. 735, § 9, effective May 19. L. 2012: (2), (3)(a), IP(3)(b), IP(3)(d), (3)(e), IP(3)(f), and (3)(g) amended, (4)(a.5) added, and (4)(d) repealed,(HB 12-1315), ch. 224, p. 981, § 53, effective July 1. L. 2015: (1) amended,(SB 15-264), ch. 259, p. 968, § 92, effective August 5. L. 2020: (2)(a) and IP(4) amended and (2)(f) and (4)(b.3) added,(HB 20-1412), ch. 113, p. 472, § 3, effective June 22. L. 2020, 1st Ex. Sess.: (2)(a), (2)(f)(VI), and (2)(f)(VII) amended, (SB 20B-003), ch. 7, p. 38, § 1, effective December 7. L. 2021: (2)(f)(VI) and (2)(f)(VII) amended,(SB 21-178), ch. 134, p. 547, § 6, effective May 13; (1), (2)(a)(I), and (3)(a) amended,(HB 21-1105), ch. 488, p. 3508, § 19, effective September 7.    Editor's note:    The references to § 26-1-109 in this section apply to the state department of human services accepting funds on behalf of the state for any state plan not specifically identified, such as low-income energy assistance, relating to public assistance and welfare activities.    Subsection (2)(a)(II)(D) provided for the repeal of subsection (2)(a)(II), effective September 1, 2021. (See L. 2020, 1st Ex. Sess., p. 38.)     Cross references:   For the legislative declaration in HB 20-1412, see section 1 of chapter 113, Session Laws of Colorado 2020. For the legislative declaration in SB 21-178, see section 1 of chapter 134, Session Laws of Colorado 2021.