2023 Colorado Revised Statutes › Title 40 - UTILITIES (§§ 40-1-101 — 40-43-104) › PUBLIC UTILITIES (§§ 40-1-101 — 40-17.5-105) › GENERAL AND ADMINISTRATIVE (§§ 40-1-101 — 40-9.8-104) › Article 3 - REGULATION OF RATES AND CHARGES (§§ 40-3-101 — 40-3-121) › Section 40-3-103.6 - Disconnection due to nonpayment - connection and reconnection fees - deposits - standard practices - rules - definitions

(1)
The commission shall commence a rule-making proceeding to adopt standard practices for gas and electric utilities to use when disconnecting service due to nonpayment. The rules must address the following subjects:
(a)
Resources to support customers in multiple languages, as appropriate to the geographic areas served;
(b)
(I)
Prohibiting shut-off times:
(A)
On Fridays, Saturdays, Sundays, or state or federal holidays; or
(B)
To the greatest extent practicable, after 11:59 a.m. on a Monday through Thursday that is not a holiday; or
(C)
During an emergency or safety event or circumstance; and
(II)
If, by making a payment or payment arrangement in accordance with the utility's policies, a customer makes a request for reconnection of service on a Monday through Friday that is not a holiday, requiring the utility to reconnect the customer's service on the same day as the customer requests reconnection of service if one of the circumstances set forth in subsection (1.5) of this section is met.
(c)
Prescribed terms and conditions for payment plans to cure delinquency;
(d)
Referral of delinquent customers to energy payment assistance resources such as Energy Outreach Colorado, charities, nonprofits, and state agencies that provide, or that administer federal funds for, low-income energy assistance;
(e)
For each utility, standardized methodology to be used in determining reconnection fees and deposit requirements for reconnection;
(f)
Protection policies for customers for whom electricity is medically necessary;
(g)
Prohibitions on the disconnection of service during periods of extreme heat or cold, as appropriate to the geographic area served;
(h)
A prohibition on the remote disconnection of service for nonpayment, through advanced metering infrastructure or otherwise, without a reasonable attempt to make contact with the customer of record by telephone or engaging in a personal, physical visit to the premises; and
(i)
Reporting requirements, no less frequently than annually, to provide the commission with standardized information from all utilities about disconnections and delinquencies. For the purpose of trend analysis, utilities may disaggregate data by month or by quarter, as the commission deems appropriate. Reporting requirements must take into consideration existing utility reporting and must allow the utilities a reasonable ability to ascertain data.
(1.5)
A utility shall reconnect a customer's service on the same day as the customer requests reconnection pursuant to subsection (1)(b)(II) of this section if:
(a)
The customer is an electric utility customer with advanced metering infrastructure and has requested reconnection of service at least one hour before the close of business for the electric utility's customer service division; except that the electric utility may reconnect service on the day following a disconnection of service if there are internet connectivity, technical, or mechanical problems or emergency conditions that reasonably prevent the utility from remotely reconnecting the customer's service; or
(b)
The customer is either an electric utility customer without advanced metering infrastructure or a gas utility customer and has requested reconnection of service on or before 12:59 p.m.; except that an electric utility or gas utility may reconnect the customer's service on the day following a disconnection if:
(I)
Prior to disconnection of the customer's service, the utility has made a qualifying communication with the customer; or
(II)
An emergency or safety event or circumstance arises after disconnection of service that renders the utility's staff temporarily unavailable to safely reconnect service. If next-day reconnection of service is not possible due to the continuation of the emergency or safety event or circumstance, the utility shall reconnect the customer's service as soon as possible.
(2)
The commission shall publish on its website, or require utilities to publish on their websites:
(a)
Information regarding the standard practices and fees specified in rules adopted pursuant to subsection (1) of this section; and
(b)
The information periodically reported in accordance with subsection (1)(i) of this section.
(3)
As used in this section, unless the context otherwise requires:
(a)
"Advanced metering infrastructure" means an integrated system of smart electric utility meters and communication networks that enables two-way communication between an electric utility's data systems and the meter's internet protocol address and allows the electric utility to measure electricity usage or connect or disconnect service remotely.
(b)
(I)
"Emergency or safety event or circumstance" means a manmade or natural emergency event or safety circumstance:
(A)
That prevents utility staff from being able to safely travel to or work at a customer's residence or place of business for purposes of reconnecting utility service; or
(B)
For which a utility has dispatched utility staff members to help respond to the emergency or safety event or circumstance and, due to the timing or number of utility staff dispatched, the utility lacks sufficient trained staff to reconnect utility service at a customer's residence or place of business.
(II)
"Emergency or safety event or circumstance" includes a severe weather event that one or more reputable weather forecasting sources forecasts to occur in the following twenty-four hours and that is more likely than not to result in dangerous travel or on-site outdoor or indoor work conditions for individuals in the path of the weather event.
(c)
"Qualifying communication" means one of the following methods of communicating with a utility customer about a possible upcoming disconnection of service:
(I)
A physical visit to the customer's premises during which a utility representative speaks with the customer and provides the customer utility assistance information or, if the customer is not available to speak, leaves utility assistance information for the customer's review; or
(II)
A telephone call, text, or e-mail to the customer in which:
(A)
The utility representative provides the customer with utility assistance information; and
(B)
The utility representative either speaks directly with the customer over the telephone or the customer receives the utility representative's text or e-mail.
(d)
"Utility assistance information" means information that a utility representative provides a customer informing the customer that the customer may contact 1-866-HEAT-HELP to determine if the customer qualifies for utility bill payment assistance.
Amended by 2022 Ch. 109,§2, eff. 4/21/2022.
Added by 2020 Ch. 148,§2, eff. 6/29/2020.
L. 2020: Entire section added, (SB 20-030), ch. 638, p. 638, § 2, effective June 29.