2023 Colorado Revised Statutes › Title 26 - HUMAN SERVICES CODE (§§ 26-1-101 — 26-24-101) › Article 2 - Public Assistance (§§ 26-2-101 — 26-2-1104) › Part 3 - FOOD STAMPS (§§ 26-2-301 — 26-2-309) › Section 26-2-307 - [Effective 8/7/2024] Fuel assistance payments - eligibility for federal standard utility allowance - supplemental utility assistance fund established - definitions - repeal

(1)
(a)
On and after July 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 accounts. If a recipient already receives cash assistance from another state public assistance program, then the fuel assistance payment may be issued through the same payment mechanism as the other cash assistance that the recipient receives.
(b)
(I)
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.
(II)
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.
(III)
Repealed.
(III.5)
(A)
For the 2022-23 state fiscal year, the general assembly shall appropriate two million dollars from the economic recovery and relief cash fund created in section
24-75-228
to the state department for the purposes of implementing this section.
(B)
The use of money appropriated pursuant to this subsection (1)(b)(III.5) must conform with the allowable purposes set forth in the federal "American Rescue Plan Act of 2021", Pub.L. 117-2, as amended. The state department shall spend or obligate such appropriation In accordance with section 24-75-226 (4)(d).
(C)
This subsection (1)(b)(III.5) is repealed, effective September 1, 2027.
(IV)
Repealed.
(V)
On or before April 1, 2024, 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, including the cost to issue payments to recipients' electronic benefits transfer cards for payments made pursuant to subsection (1)(a) of this section, 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:
(A)
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;
(B)
Transmit the money to the state department on or before July 1, 2024, and on or before July 1 of each year thereafter.
(c) to (e)
Repealed.
(f)
On or before October 1, 2022, 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:
(I)
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
(II)
Transmit the money to the state department on or before March 1, 2023.
(2)
(a)
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.
(b)
The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.
(c)
Money in the fund is continuously appropriated to the state department for use in accordance with subsection (1) of this section.
(3)
As used in this section, unless the context otherwise requires:
(a)
"Commission" means the legislative commission on low-income energy and water assistance created in section
40-8.5-103.5 (1)
.
(b)
"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.
(c)
"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.
(d)
"LEAP" means the low-income energy assistance program specified in section
26-2-122.5
.
(e)
"Organization" has the meaning set forth in section
40-8.7-103 (4)
.
(f)
"Outside funds" means:
(I)
Federal funds; or
(II)
Gifts, grants, or donations from public or private sources.
(g)
"Program" means the fuel assistance payment program implemented under subsection (1)(a) of this section.
(h)
"SNAP" means the supplemental nutrition assistance program established pursuant to this part 3.
(i)
"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.
Amended by 2024 Ch. 490,§ 66, eff. 8/7/2024.
Amended by 2024 Ch. 429,§ 31, eff. 6/5/2024.
Amended by 2024 Ch. 81,§ 5, eff. 7/1/2024.
Amended by 2022 Ch. 375, § 3, eff. 6/3/2022.
Amended by 2022 Ch. 109, § 1, eff. 4/21/2022.
Added by 2021 Ch. 488, § 1, eff. 9/7/2021.
L. 2021: Entire section added, (HB 21-1105), ch. 3492, p. 3492, § 1, effective September 7.
2024 Ch. 490, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2021 Ch. 488, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.