§ 40-8.5-103.5 — Commission created - duties

Colorado § 40-8.5-103.5

• Jurisdiction: Colorado
• Title 40: Utilities
• Art.: Unclaimed Utility Deposits

Text

(1) (a) Repealed.

(b) Commencing May 1, 2022, there is created the legislative commission on
low-income energy and water assistance in the Colorado energy office. The
Colorado energy office shall staff the commission as needed.

(2) Repealed.

(3) (a) (I) Beginning May 1, 2022, the commission is composed of seven
members including:

(A) A representative of the department of human services created in section
26-1-105;

(B) A representative of the Colorado energy office created in section 24-38.5-101;

(C) A representative of the organization; and

(D) Four members appointed by the governor, each to serve a term of four
years; except that the governor shall select two of the initially appointed members
to serve a two-year term.

(II) The governor shall make initial appointments to the commission pursuant
to this subsection (3)(a) on or before April 30, 2022, for terms starting on May 1,
2022.

(b) Of the four members appointed by the governor:

(I) One member must have received low-income energy assistance or
represent an entity that serves a population eligible for low-income energy
assistance;

(II) One member must represent an electric utility or a combined electric and
natural gas utility;

(III) One member must represent a natural gas utility or a combined electric
and natural gas utility; and

(IV) One member must represent a water utility.

(c) Any interim appointment necessary to fill a vacancy that has occurred by
any reason other than expiration of term is for the remainder of the term of the
individual member whose office has become vacant.

(d) In the event of a tie vote of the commission, the matter being voted upon
fails.

(4) The governor may remove any appointed commission member for cause,
including for misconduct, incompetence, or neglect of duty.

(5) A commission member is immune from liability in any civil action brought
against the member for acts occurring while acting in the capacity of a commission
member if the member was acting in good faith, made reasonable efforts to obtain
the facts of the matter as to which action was taken, and acted in the reasonable
belief that the action taken was warranted by the facts.

(6) The commission shall:

(a) With respect to any federal department of energy grant award for the
Colorado energy office weatherization assistance program, serve as the policy
advisory council to the Colorado energy office, in accordance with 10 CFR 440.17;

(b) Serve as an advisory council to any Colorado water utilities that provide
or seek to provide water assistance and efficiency programs to their customers; and

(c) Pursuant to section 40-8.7-108 (3), review the annual budget allocations
that the organization develops and submits to the commission for review regarding
the organization's use of the energy assistance system benefit charge collected
pursuant to section 40-8.7-104 (2.5). If the commission does not approve the
organization's annual budget allocation, the commission may require the
organization to modify the allocation. Until the commission approves a budget
allocation submitted by the organization, the most recently approved budget
allocation remains in effect.

Legislative History

Source: L. 90: Entire article added, p. 1759, � 1, effective May 31. L. 93: (1) amended, p. 2071, � 31, effective July 1. L. 94: (1) amended, p. 2719, � 305, effective July 1. L. 2008: (4) added, p. 1333, � 5, effective May 27. L. 2012: (4)(b) amended, (HB 12-1315), ch. 224, p. 981, � 51, effective July 1. L. 2020: (1) amended, (SB 20-136), ch. 70, p. 298, � 52, effective September 14. L. 2021: Entire section amended, (HB 21-1105), ch. 488, p. 3496, � 5, effective September 7.