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Signed Into LawSB26-0022026 Regular Session

A Discounted Electricity Tier for Colorado Families—And Why Utilities Might Have to Foot the Bill

Sponsors: Cathy Kipp, Tony Exum, Jenny Willford, Elizabeth Velasco·Transportation & Energy·

Editorial photograph for SB26-002

Illustration: Assembly Required

The Bottom Line

The state is requiring big investor-owned utilities like Xcel Energy to cap electricity bills for low-income households. While this guarantees affordable power for families struggling to pay for basic needs, the lost revenue will likely be made up through a new surcharge on everyone else's monthly utility bill.

What This Bill Actually Does

Electricity hasn't been a luxury for a very long time, but Colorado's legislative declarations note that our utility regulations haven't fully caught up to that reality. As rates climb, low-income families often face impossible choices between keeping the lights on, heating their homes, or buying groceries. SB26-002 attempts to solve this by fundamentally changing how the state's largest power companies bill their most vulnerable customers. The bill requires investor-owned electric utilities—which means heavy hitters like Xcel Energy and Black Hills Energy—to create a dedicated affordability program for income-qualified utility customers. If your power comes from a municipal provider like Colorado Springs Utilities or a rural electric cooperative, this bill won't change your service.

As the bill worked its way through the Capitol, the exact math evolved. The original draft proposed a 'FARE' service (First Allotment of Residential Electricity), which would give low-income customers a minimum baseline of power at a cheap marginal cost rate—essentially just the raw cost of generating the power with no markup. By the time it cleared the Senate, it had been amended into a percentage-of-income payment plan (PIPP). Under this finalized model, an eligible household's utility bill is hard-capped so it cannot exceed a specific, affordable percentage of their income. Once approved, customers lock in this safety net for two full years. The legislation also forces utilities to apply credits to wipe out past-due balances those customers accrued before entering the program.

But here is the structural catch: investor-owned utilities operate as monopolies with a legally guaranteed rate of return. They aren't going to just eat the financial loss of giving away discounted power and forgiving old debt. To make the math work, the legislation allows utilities to assess a PIPP charge on the rest of their customers. In plain English, the cost of subsidizing low-income households is socialized across the rest of the utility's ratebase. The Public Utilities Commission (PUC) will be in charge of writing the specific rules, reviewing the utility proposals, and deciding exactly how this surcharge will be structured.

What It Means for You

If your household falls into the low-income bracket, this legislation is designed to be a massive financial relief valve. Heating your home in February or running a window AC unit in July will no longer be a terrifying guessing game. By capping your energy costs as a strict percentage of your income, you gain immediate budget predictability. You'll need to proactively submit an application to your utility provider to prove your income eligibility, and the law requires the utility to approve or deny your application within 30 days. If you get the green light, you get 24 months of protected rates. Even better, if you've been dragging around a mountain of old utility debt, the program includes provisions to credit those past-due balances, giving you a clean slate.

If you are a middle- or higher-income resident, or if your income just barely misses the qualification cutoff, your experience with this bill will look very different. The primary impact you'll see is a new line item on your monthly statement from Xcel Energy or Black Hills Energy. Because the utilities are legally permitted to recoup the revenue they lose on the affordability program, everyday ratepayers will collectively fund the difference through the new PIPP charge. Essentially, your monthly bill will go up slightly to ensure your lower-income neighbors can keep their lights on.

The exact dollar amount of this new surcharge isn't hardcoded into the legislation. It will fluctuate based on how many people actually enroll in the affordability program and how the Public Utilities Commission structures the final rate rules. However, you should expect to see these changes take effect after the utilities file their next rate cases, which the bill dictates will happen on or after January 1, 2027. If your budget is already tight but you don't qualify for the discount, absorbing this extra charge could sting. It makes keeping an eye on your home's energy efficiency—like weatherstripping doors or upgrading insulation—more important than ever as base costs continue to rise.

What It Means for Your Business

For commercial and industrial ratepayers operating within Xcel Energy or Black Hills Energy territories, this bill introduces a new, uncontrollable variable to your overhead. Just like residential customers, businesses will be expected to shoulder a portion of the system-wide surcharge used to fund this affordability program. Because commercial operations—whether you run a restaurant with industrial freezers, a manufacturing floor, or just a large, brightly lit retail space—consume vastly more electricity than a standard home, even a fraction-of-a-cent increase per kilowatt-hour can compound into a highly noticeable bump in your monthly operating expenses.

Interestingly, this creates a slight geographic divergence in Colorado's business environment. Because this mandate only applies to investor-owned electric utilities, businesses located in areas served by municipal utilities (like Longmont or Fort Collins) or rural electric cooperatives will not be hit with this specific mandate or its associated surcharges. If you operate multiple locations across different utility territories, you'll likely see a divergence in your utility cost trends starting in 2027. It's a good prompt to audit your commercial energy usage now, or lock in efficiency upgrades before the new rate structures are implemented.

On the flip side, if you are a real estate developer, landlord, or property manager dealing with multi-family housing or lower-income rentals, this bill could serve as a significant operational tailwind. One of the primary reasons tenants fall behind on rent is unexpected utility spikes during extreme weather. Tenants who successfully enroll in the percentage-of-income payment plan will have highly predictable, capped utility costs, which generally translates to fewer defaults on rent and lower turnover rates. Smart property managers should proactively educate their tenant base about this program once the utilities officially roll it out, as a tenant who isn't drowning in utility debt is a far more reliable renter.

Follow the Money

At the state government level, SB26-002 is essentially a freebie. The official fiscal note projects exactly $0 in state expenditures and requires zero taxpayer appropriations from the general fund. The Public Utilities Commission and the Colorado Energy Office will see a slight bump in their administrative workload to handle the required rulemaking and review the new rate proposals from the utilities, but state analysts expect both agencies to absorb this work using their existing staff and budgets.

The real financial gravity of this bill exists entirely in the private sector. It acts as a mandated wealth transfer mechanism, shifting millions of dollars annually between different classes of utility ratepayers. While the state is writing the rules, standard residential and commercial ratepayers will provide the actual funding. By paying slightly higher rates, they will collectively bankroll the deep energy discounts and debt forgiveness extended to Colorado's lowest-income residents, ensuring the utilities maintain their legally protected profit margins without dipping into their own corporate pockets.

Where This Bill Stands

SB26-002 is currently Signed Into Law. The latest official action came on 06/02/2026: Governor Signed.

That means the legislative process is complete and the bill is now law. The remaining questions are about implementation timing and how agencies, businesses, or local governments respond.

Frequently Asked Questions

What does SB26-002 do?
This bill requires Colorado's investor-owned electric companies, like Xcel Energy and Black Hills Energy, to create a program that gives low-income customers a basic amount of electricity at a heavily discounted rate. The goal is to make sure everyone can afford enough electricity to meet their basic daily living needs. To protect other customers, the bill prohibits utility companies from raising everyone else's rates to pay for this discount.
What is the current status of SB26-002?
SB26-002 is currently "Signed Into Law" in the 2026 Regular Session. It was introduced by Cathy Kipp and is assigned to the Transportation & Energy committee.
Who sponsors SB26-002?
SB26-002 is sponsored by Cathy Kipp, Tony Exum, Jenny Willford, Elizabeth Velasco.
What committee is reviewing SB26-002?
SB26-002 is assigned to the Transportation & Energy committee in the Colorado Senate.
When was SB26-002 last updated?
The last action on SB26-002 was "Governor Signed" on 06/02/2026.

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