Colorado § 40-8.5-103.5 - Commission created - duties.

§ 40-8.5-103.5. Commission created - duties.

(1) (a) Repealed.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(2) Repealed.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.

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.

Editor's note: Subsection (1)(a)(II) provided for the repeal of subsection (1)(a) and subsection (2)(b) provided for the repeal of subsection (2), effective May 1, 2022. (See L. 2021, pp. 3496, 3497.)

Cross references: For the legislative declaration contained in the 1994 act amending subsection (1), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in SB 20-136, see section 1 of chapter 70, Session Laws of Colorado 2020.