Colorado § 40-3-103.5 Medical exemption - tiered electricity rates - rules

Colorado Statutes

§ 40-3-103.5 — Medical exemption - tiered electricity rates - rules

Colorado § 40-3-103.5

Title 40Utilities

Art.Regulation of Rates and Charges

This text of Colorado § 40-3-103.5 (Medical exemption - tiered electricity rates - rules) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 40-3-103.5 (2026).

Text

(1)Notwithstanding any provision of articles 1 to 7 of this title 40 to the contrary, the commission shall adopt rules to create an exemption from any tiered electricity rate plan based on a customer's medical condition. The commission's rules must provide a mechanism for the recovery of costs associated with implementing and providing the medical exemption.

(2)The commission may determine the definition of medical condition; except that the definition must include multiple sclerosis, epilepsy, quadriplegia, and paraplegia. The medical exemption is for individuals who have the verification of a physician licensed in Colorado of a heat-sensitive medical condition or the need for the use of an essential life support device.

(3)If the commission determines that a means test is

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(1)
Notwithstanding any provision of articles 1 to 7 of this title 40 to the contrary, the
commission shall adopt rules to create an exemption from any tiered electricity
rate plan based on a customer's medical condition. The commission's rules must
provide a mechanism for the recovery of costs associated with implementing and
providing the medical exemption.

(2) The commission may determine the definition of medical condition;
except that the definition must include multiple sclerosis, epilepsy, quadriplegia,
and paraplegia. The medical exemption is for individuals who have the verification
of a physician licensed in Colorado of a heat-sensitive medical condition or the need
for the use of an essential life support device.

(3) If the commission determines that a means test is necessary for the
medical exemption, the commission shall use no less than four hundred percent of
the federal poverty level for the customer's household as the maximum income to
be eligible for the medical exemption.

(4) If the low-income energy assistance program is used to certify eligibility,
the medical exemption under this section must be distinguishable from the heat
assistance benefits offered under the low-income energy assistance program
because these programs may have different eligibility requirements.

(5) On and after September 1, 2020, the commission shall require utilities
periodically to report, pursuant to section 40-3-110, the number of their customers
who receive the medical exemption under this section and to describe the efforts
the utilities have made during each reporting period to facilitate the enrollment of
qualified persons in their medical exemption programs.

Legislative History

Source: L. 2011: Entire section added, (SB 11-087), ch. 80, p. 218, � 1, effective March 29. L. 2013: Entire section amended, (SB 13-282), ch. 292, p. 1562, � 1, effective May 28. L. 2020: (1) and (3) amended and (5) added, (SB 20-030), ch. 148, p. 637, � 1, effective June 29.