CO Code § 26-2-307 (2021)
2021 Colorado Code|Title 26 - Human Services Code|Article 2 - Public Assistance|Part 3 - Food Stamps|§ 26-2-307. Fuel Assistance Payments - Eligibility for Federal Standard Utility Allowance - Supplemental Utility Assistance Fund Established - Definitions - Repeal

     On and after January 1, 2024, the state department shall implement a program to make fuel assistance payments by crediting the fuel assistance payments to recipients' electronic benefits transfer service cards.    Except as provided in subsections (1)(c) and (1)(d) of this section:   The state department shall make the fuel assistance payments to eligible households that receive SNAP benefits but that do not receive assistance under LEAP in order to qualify those households for the standard utility allowance to maximize their SNAP benefits;    To help the state department maximize the number of households that are receiving both the SNAP and LEAP benefits and facilitate the identification of those households that receive SNAP benefits and qualify for the fuel assistance payments, the state department shall develop a database connection between the LEAP eligibility system and the Colorado benefits management system;    The state department may seek, accept, and expend outside funds to finance its work to develop the database connection. The state department shall transmit any outside funds received pursuant to this subsection (1)(b)(III) to the state treasurer who shall credit the outside funds to the supplemental utility assistance fund.    The state department shall use outside funds received to process the EBT card payments and for other administrative costs incurred in implementing the program. If insufficient funds are available to cover the administrative costs, the state department shall request that the organization allocate, as part of its budget prepared pursuant to section 40-8.7-108 (3), money to the state department from the energy assistance system benefit charge collected pursuant to section 40-8.7-104 (2.5) for this purpose.    On or before April 1, 2022, and on or before April 1 of each year thereafter, the state department shall submit a budget to the organization and the commission to include the state department's administrative costs to implement the program and the projected number of eligible households that the state department identifies as receiving SNAP benefits but that are not receiving assistance under LEAP, including an estimated number of new SNAP cases that the state department will approve during the upcoming federal fiscal year. Based on the budget that the state department submits, the organization shall:   Calculate the amount of money from the energy assistance system benefit charge collected pursuant to section 40-8.7-104 (2.5) that it allocates as part of its budget prepared pursuant to section 40-8.7-108 (3) for use by the state department to make fuel assistance payments and to implement the program;    Transmit the money to the state department on or before July 1, 2022, and on or before July 1 of each year thereafter.          If, by January 1, 2022, the state department does not receive outside funds pursuant to subsection (1)(b)(III) of this section or does not receive sufficient outside funds to develop the database connection, the state department shall notify the joint technology committee created in section 2-3-1702 that outside funds were not received or that insufficient outside funds were received.    If insufficient outside funds to develop the database connection are received by January 1, 2022, the state department need not commence work on developing the database connection pursuant to subsection (1)(b)(II) of this section, but shall:   Make the fuel assistance payments to all households that receive SNAP benefits;    Use any outside funds received to help cover its costs to process the EBT card payments; and    On or before April 1, 2022, and on or before April 1 of each year thereafter, submit a budget to the organization and the commission to include the state department's anticipated administrative costs to implement the program and the projected number of households that the state department identifies as receiving SNAP benefits, including an estimated number of new SNAP cases that the state department will approve during the upcoming federal fiscal year. Based on the budget that the state department submits, the organization shall calculate and, on or before July 1, 2022, transmit and, on or before July 1 of each year thereafter, transmit the amount of money from the energy assistance system benefit charge collected pursuant to section 40-8.7-104 (2.5) that it allocates as part of its budget prepared pursuant to section 40-8.7-108 (3) for use by the state department:   To make fuel assistance payments; and    Unless the state department received sufficient outside funds to cover all of its administrative costs for implementing the program, to cover its costs to process the EBT card payments and other administrative costs and to implement the program.          If, after January 1, 2022, the state department receives sufficient outside funds for the purpose of developing the database connection, the state department shall, as soon as practicable, develop the database connection and transition to implementing the program in accordance with subsection (1)(b) of this section.    On or before October 1, 2021, the state department shall submit a budget to the organization and the commission to cover the state department's administrative costs to set up the program. Based on the budget that the state department submits, the organization shall:   Calculate the amount of money from the energy assistance system benefit charge collected pursuant to section 40-8.7-104 (2.5) that it allocates as part of its budget prepared pursuant to section 40-8.7-108 (3) for use by the state department to set up the program; and    Transmit the money to the state department on or before January 1, 2022.            The supplemental utility assistance fund, referred to in this subsection (2) as the “fund”, is hereby created in the state treasury. The fund consists of money credited to the fund pursuant to section 40-8.7-108 (2)(b) and any other money that the general assembly may appropriate or transfer to the fund.    The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.    Money in the fund is continuously appropriated to the state department for use in accordance with subsection (1) of this section.       As used in this section, unless the context otherwise requires:   “Commission” means the legislative commission on low-income energy and water assistance created in section 40-8.5-103.5 (1).    “Electronic benefits transfer service” or “EBT” means the service that the state department implements pursuant to section 26-2-104 (2) to administer the delivery of public assistance payments and food stamps to recipients.    “Fuel assistance payment” means an annual payment that, when made to an eligible household identified pursuant to subsection (1) of this section, makes that household eligible to receive the standard utility allowance.    “LEAP” means the low-income energy assistance program specified in section 26-2-122.5.    “Organization” has the meaning set forth in section 40-8.7-103 (4).    “Outside funds” means:   Federal funds; or    Gifts, grants, or donations from public or private sources.       “Program” means the fuel assistance payment program implemented under subsection (1)(a) of this section.    “SNAP” means the supplemental nutrition assistance program established pursuant to this part 3.    “Standard utility allowance” means the heating and cooling standard utility allowance authorized in the federal supplemental nutrition assistance program regulations promulgated by the food and nutrition service in the United States department of agriculture.         History. Source: L. 2021: Entire section added,(HB 21-1105), ch. 488, p. 3492, § 1, effective September 7.