Colorado Code § 26-2-307

Fuel assistance payments - eligibility for federal standard utility allowance - supplemental utility assistance fund established - definitions - repeal
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(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(III) Repealed.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(C) This subsection (1)(b)(III.5) is repealed, effective September 1, 2027.
(IV) Repealed.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.

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