Legislative Bill Tracking - 2019


HB19-1037 Colorado Energy Impact Assistance Act 
Calendar Notification: NOT ON CALENDAR
Short Title: Colorado Energy Impact Assistance Act
Sponsors: C. Hansen | D. Esgar / K. Donovan
Summary:

The bill, known as the "Colorado Energy Impact Assistance Act", authorizes any electric utility (utility) to apply to the public utilities commission (PUC) for a financing order that will authorize the utility to issue low-cost Colorado energy impact assistance bonds (bonds) to lower the cost to electric utility customers (ratepayers) when the retirement of an electric generating facility occurs. A utility that issues bonds in conjunction with the retirement of an electric generating facility may apply to the PUC for approval to replace the retired electric generating facility with cost-effective generation resources or energy storage facilities, the granting of which by the PUC is subject to specified requirements and limitations.

A portion of bond proceeds will provide transition assistance for Colorado workers and communities directly affected by the retirement of the facilities (transition assistance). To repay the bonds at the lowest cost to ratepayers, the PUC is authorized to review and approve a financing order and authorize a special energy impact assistance charge that is separate and apart from the utility's base rates on all ratepayer bills. The establishment and ongoing adjustment of the separate charge will allow bonds to achieve the highest possible credit rating, at least AA/Aa2, from the national independent credit rating agencies and will therefore allow bonds to be issued at the lowest possible interest rate and lowest subsequent cost to ratepayers.

Before issuing a financing order, the PUC must hold a public hearing, receive testimony from affected groups, and make specified determinations concerning the necessity, prudence, justness, reasonableness, and quantifiable benefits to utility ratepayers of issuing the financing order. After the public hearing process, if a financing order is approved by the PUC, it must include specific information and instructions for the utility to which it applies relating to the amount of bonds to be issued and the imposition of the energy impact assistance charge and must require the utility to pay 15% of the net present value of the savings to a newly created Colorado energy impact assistance authority (authority) for the payment of transition assistance by the authority and the authority's reasonable and necessary administrative and operating costs. As an alternative to the financing order and bond issuance process, upon the closure of an electric generating facility, a Colorado electric utility may transfer to the authority an amount of up to 15% of the net present value of operational savings created by the closure of the electric generating facility, and such a transfer shall be deemed by the PUC to be a prudent action by the utility.

The bill specifies that the authority is governed by a 7-member board of directors appointed by the governor and specifies mandatory and suggested occupational experience for the directors. The authority is authorized to receive bond proceeds from a utility to which a financing order applies and use the bond proceeds to provide transition assistance and pay its reasonable and necessary administrative and operating costs.

Transition assistance is defined to include payment of retraining costs, including costs of apprenticeship programs and skilled worker retraining programs, for and financial assistance to directly displaced Colorado facility workers, compensation to Colorado local governments for lost property tax revenue directly resulting from the retirement of a facility, and similar payments, job retraining, assistance, and compensation for directly displaced Colorado workers and local governments in areas that produce fuel used in the retired facility directly resulting from the elimination of the need for fuel at the facility. The authority must disburse at least 50% of the transition assistance that it provides directly to Colorado workers; except that, if the local advisory committee established by the authority as required by the bill determines that the disbursement of 50% of all transition assistance directly to Colorado workers would be excessive based on the amount of transition assistance available and the amount of need for such direct assistance and recommends that a lower percentage of all transition assistance be disbursed directly to Colorado workers, the authority may reduce the percentage of all transition assistance disbursed directly to Colorado workers below50% to any percentage not less than 30%. When determining how best to provide transition assistance to a local community, the authority must, in conjunction with each board of county commissioners, municipal governing body, and school district that includes all or a portion of the impacted community, establish and take into consideration the advice of a local advisory committee. The authority is subject to open meeting and open records requirements and is required to submit a report to specified committees of the general assembly that sets forth a complete and detailed financial and operating statement of the authority for any fiscal year for which the authority has provided transition assistance.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 3/7/2019 Introduced In Senate - Assigned to Agriculture & Natural Resources
Amendments: Amendments

HB19-1047 Metropolitan District Fire Protection Sales Tax 
Calendar Notification: NOT ON CALENDAR
Short Title: Metropolitan District Fire Protection Sales Tax
Sponsors: B. Buentello / J. Danielson | L. Garcia
Summary:

A metropolitan district is a type of special district that provides at least 2 services from a list of specific services. One of the services that a metropolitan district is currently authorized to provide is fire protection. Currently, a metropolitan district is authorized to levy a property tax to provide services; however, the district can also levy a sales tax for safety protection, street improvement, and transportation purposes. Both property taxes and sales taxes require voter approval. The bill allows a metropolitan district to also levy a sales tax to provide fire protection in the areas of the district in which the sales tax is levied.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 3/11/2019 Signed by the President of the Senate
Amendments:

HB19-1108 Nonresident Electors And Special Districts 
Calendar Notification: NOT ON CALENDAR
Short Title: Nonresident Electors And Special Districts
Sponsors: L. Liston | E. Hooton / J. Tate
Summary:

Section 1 of the bill expands the definition of "eligible elector", as used in reference of persons voting in special district elections, to include a natural person who owns, or whose spouse or civil union partner owns, taxable real or personal property situated within the boundaries of the special district or the area to be included in the special district and who has satisfied all other requirements in the bill for registering to vote in an election of a special district but who is not a resident of the state.

Section 2 prohibits a person from voting in a special district election unless that person is an eligible elector as defined by the bill. The section also requires any natural person desiring to vote at any election as an eligible elector to sign a self-affirmation that the person is an elector of the special district. The bill specifies the form the affirmation must take.

Section 3 specifies procedures by which the eligible elector who is an eligible elector in another state becomes registered to be able to vote in the special district election. This section also contains an affirmation to be executed by the voter upon completing his or her application for registration. The oath or affirmation must be notarized by the elector.

Section 3 also permits any special district organized under the laws of the state, upon passage of a resolution by the board of the district (board), to allow an elector whose eligibility has been established through the procedures specified in the bill to vote for candidates for the board of directors of the special district. The bill makes clear that no person who is designated as an eligible elector is permitted to cast a ballot at any special district election without first having been registered within the time and in the manner required by the bill.

The bill only applies to a special district whose:

  • Board, by resolution, permits an eligible elector who is not a resident of the state to vote in elections of the special district; and
  • Regular special district election is not conducted as part of a general, primary, or coordinated election.

A county clerk and recorder is not required to either contract with a special district that permits the registration of noneligible resident electors in connection with the provision of any services or to administer any regular special district election conducted by the special district.

A person who is designated as an eligible elector in accordance with the bill is only permitted to vote in an election of the special district with which the person has registered and for a candidate for the board of directors of the special district who is listed on the ballot of the special district with which the elector is registered. A person who is designated as an eligible elector in accordance with the bill is only permitted to vote for candidates for the board and is not authorized to vote for any other candidates or ballot issues or ballot questions that may appear on the regular ballot of the special district.

The bill describes procedures by which an eligible elector who is a resident of another state registers to vote with the special district.

The form used to register an eligible elector under the bill must contain a question asking the elector to confirm that he or she desires to receive a ballot from the special district. Unless the elector has executed the form to indicate that he or she desires to receive a ballot from the special district, the designated election official is not required to send a ballot to the elector. The special district is solely responsible for maintaining the list of nonresident owners of property within the special district who are eligible to vote in an election of the special district.

Section 4 contains procedures for verifying the signature of a ballot returned by a nonresident eligible elector with the signature of the elector on the notarized registration form required by the bill.

Section 5 authorizes each special district board to select, in an exercise of its own discretion and by majority vote of the board's voting members, one or more additional board members, each of whom shall serve as a nonvoting member of the board. A member of the board appointed for this purpose must be a person who is a nonresident of the state but is otherwise eligible to cast a ballot in elections of the special district in accordance with the bill. A board with 3 members may appoint no more than one nonvoting member of the board. A board with 5 members may appoint no more than 2 nonvoting members of the board. The term of such board members is 4 years subject to renewal of one or more additional 4-year terms in the discretion of a majority of the voting members of the board. Any board member appointed for this purpose may be removed for cause at any time by a majority of the voting members of the board.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 3/6/2019 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Amendments: Amendments

HB19-1159 Modify Innovative Motor Vehicle Income Tax Credits 
Calendar Notification: NOT ON CALENDAR
Short Title: Modify Innovative Motor Vehicle Income Tax Credits
Sponsors: S. Jaquez Lewis | M. Gray / J. Danielson
Summary:

The bill modifies the amounts of and extends the number of available years of the existing income tax credits for the purchase or lease of an electric motor vehicle, a plug-in hybrid electric motor vehicle, and an original equipment manufacturer electric truck and plug-in hybrid electric truck.


(Note: This summary applies to this bill as introduced.)

Status: 3/11/2019 House Committee on Finance Refer Amended to Appropriations
Amendments: Amendments

HB19-1188 Greenhouse Gas Pollution Impact In Fiscal Notes 
Calendar Notification: NOT ON CALENDAR
Short Title: Greenhouse Gas Pollution Impact In Fiscal Notes
Sponsors: E. Sirota | M. Snyder
Summary:

Beginning in 2020, the bill requires fiscal notes on legislative measures to include an assessment of whether the measure is likely to directly cause a net increase or decrease in greenhouse gas pollution in the 10-year period following its enactment. The assessment must consider new sources of emissions, increases or decreases in existing sources of emissions, and any impact on sequestration of emissions. The fiscal note is not required to estimate the magnitude of the impact. The director of research of the legislative council staff is required to develop policies and procedures for completing the assessment. The department of natural resources, the Colorado energy office, and other state agencies with relevant subject matter expertise are required to cooperate with and provide information, if requested, to develop the policies and procedures for the assessment and to provide information to the legislative council staff on a legislative measure's impact on greenhouse gas pollution in connection with the preparation of a fiscal note.
(Note: This summary applies to this bill as introduced.)

Status: 3/4/2019 House Committee on Energy & Environment Refer Unamended to Appropriations
Amendments:

HB19-1198 Electric Vehicle Grant Fund 
Calendar Notification: Tuesday, March 26 2019
SENATE TRANSPORTATION & ENERGY COMMITTEE
2:00 PM SCR 352
(2) in senate calendar.
Short Title: Electric Vehicle Grant Fund
Sponsors: A. Valdez | D. Valdez / J. Bridges | K. Priola
Summary:

The bill modifies the statute governing the electric vehicle grant fund (fund) as follows:

  • Allows the fund to be used to administer grants for the installation of charging stations for electric vehicles;
  • Allows the fund to prioritize the grants it will provide based on criteria defined by the Colorado energy office;
  • Allows the fund to be used to fully fund the installation of charging stations and offset station operating costs; and
  • Requires the money in the fund to be continuously appropriated to the Colorado energy office.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 3/11/2019 Introduced In Senate - Assigned to Transportation & Energy
Amendments:

HB19-1199 Colorado Clean Pass Act 
Calendar Notification: Monday, April 1 2019
State Library Finance
1:30 p.m. Room Old
(4) in house calendar.
Short Title: Colorado Clean Pass Act
Sponsors: A. Valdez / B. Pettersen | F. Winter
Summary:

On and after July 1, 2022, the bill requires the high-performance transportation enterprise (HPTE) to impose an express lane access fee (access fee) in a specified amount annually at the time of registration of any eligible plug-in electric motor vehicle that weighs 19,500 pounds or less, that is certified as being qualified for the federal plug-in electric drive motor vehicle tax credit or can be recharged from an external source of electricity and that stores electricity in a rechargeable battery that propels or contributes to the propulsion of the vehicle's drive wheels if the owner of the vehicle chooses to pay the access fee in exchange for the right to operate the vehicle on express lanes without regard to the number of persons in the vehicle for free on any express lane that is a high occupancy vehicle lane and for a reduced toll on any express lane that is a toll lane or a high occupancy toll lane. HPTE is not authorized to impose the access fee upon the registration of a vehicle registered for a registration period beginning on or after July 1, 2020, but before July 1, 2022, but, upon the registration of a vehicle for such a registration period, the owner of an eligible plug-in electric motor vehicle may choose to apply for the right to operate the vehicle for free on any express lane that is a high occupancy vehicle lane without regard to the number of persons in the vehicle and for a reduced toll on any express lane that is a toll lane or a high occupancy toll lane.

A plug-in electric motor vehicle is an "eligible plug-in electric motor vehicle" if it is being registered for its 1st, 2nd, or 3rd registration period under the ownership of the same owner and if making the vehicle eligible would not cause the total number of eligible vehicles to exceed a specified cap that increases annually for 5 years until reaching a permanent maximum amount. "Express lane" is defined to include any high occupancy vehicle lane, toll lane, or high occupancy toll lane that HPTE, a private partner of HPTE, or HPTE in conjunction with a private partner of HPTE or the department of transportation (CDOT) operates and maintains or that HPTE designates as an express lane, which currently includes:

  • Operating express lanes on Interstate Highway 25 between downtown Denver and 120th Avenue, on Interstate Highway 70 between Idaho Springs and Empire, and on U.S. Highway 36 between Denver and Boulder; and
  • Planned express lanes on: (1) Interstate Highway 25 between 120th Avenue and State Highway E-470, Johnstown and Fort Collins, and Monument and Castle Rock; (2) Interstate Highway 70 between Interstate Highway 25 and Chambers Road; and (3) State Highway C-470 between Interstate Highway 25 and Wadsworth Boulevard.

Each county clerk and recorder, acting as an authorized agent of the department of revenue, is required to collect the access fee, and access fee revenue is credited to the statewide transportation enterprise special revenue fund for use by HPTE. The owner of an eligible plug-in electric motor vehicle may choose not to pay the access fee, but must pay the fee to be authorized to operate the vehicle for free on any express lane that is a high occupancy vehicle lane and for a reduced toll on any express lane that is a toll lane or a high occupancy toll lane, without regard to the number of persons in the vehicle. If the free or reduced toll use of express lanes by eligible plug-in electric motor vehicles is determined to cause a decrease in the level of service for other bona fide users of the express lanes so that CDOT or HPTE is violating or will violate within the next 3 months contractual level of service guarantees or will be unable to satisfy debt service coverage requirements, then CDOT may restrict or eliminate free and reduced toll use of the express lanes by eligible plug-in electric motor vehicles for as long as the violation or inability is expected to continue. CDOT is required to report annually during its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing regarding the actual and projected free and reduced toll use of express lanes by eligible plug-in electric vehicles and any actions that it has taken or expects to take to restrict, limit, or restore such use.

The existing authorization for a limited number of inherently low-emission vehicles or hybrid vehicles to use express lanes without regard to the number of persons in the vehicle and without paying a toll expires for each participating vehicle on the date of the first registration of the vehicle for a registration period that begins on or after July 1, 2022.

The department of revenue and CDOT are required to coordinate to establish electronic processes that:

  • Automatically notify HPTE and, if deemed necessary by HPTE, any private partner of HPTE that operates an express lane, when the owner of a plug-in electric motor vehicle pays the access fee so that HPTE, directly or through its private partners, can successfully administer and enforce the conditions of access for eligible plug-in electric motor vehicles to express lanes; and
  • Automatically notify each authorized agent when the access fee can or cannot be collected in accordance with the limitation on the number of eligible plug-in electric motor vehicles.

CDOT is authorized to promulgate administrative rules to ensure proper implementation, administration, and enforcement of the conditions of access for eligible plug-in electric motor vehicles to express lanes.


(Note: This summary applies to this bill as introduced.)

Status: 3/4/2019 House Committee on Energy & Environment Refer Amended to Finance
Amendments: Amendments

HB19-1240 Sales And Use Tax Administration 
Calendar Notification: Tuesday, March 26 2019
Business Affairs & Labor
Upon Adjournment Room LSB-A
(1) in house calendar.
Short Title: Sales And Use Tax Administration
Sponsors: T. Kraft-Tharp | K. Van Winkle / L. Court | J. Tate
Summary:

The bill:

  • Establishes economic nexus for purposes of retail sales made by retailers without physical presence and specifies that the economic nexus does not apply for sales made by such retailers prior to June 1, 2019;
  • Codifies the department of revenue's destination sourcing rule for state sales tax collection, for sales taxes imposed by any statutory incorporated town, city, or county, and for special districts, but specifies that a small retailer may source its sales to the business' location regardless of where the purchaser receives the tangible personal property or service until a geographic information system provided by the state is online and available for the retailer to determine the taxing jurisdiction in which an address resides;
  • Requires marketplace facilitators to collect and remit sales tax on behalf of marketplace sellers that enter into a contract with a marketplace facilitator that facilitates the sale of the marketplace seller's tangible personal property, commodities, or services through the marketplace facilitator's marketplace and also:
  • Allows marketplace facilitators to retain the vendor fee for the collection and remittance of the sales tax on sales made by marketplace sellers on its marketplace;
  • Provides the marketplace facilitator with audit relief if the marketplace facilitator can demonstrate to the satisfaction of the executive director of the department of revenue that it made a reasonable effort to obtain accurate information regarding the obligation to collect tax from the marketplace seller; and
  • Specifies that the marketplace seller does not have the liabilities, obligations, and rights of a retailer if the marketplace facilitator is required to collect and remit sales tax on its behalf, including licensing, collection, and remittance requirements; and
  • Repeals outdated references to remote sales and remote sellers that were added pursuant to House Bill 13-1295 but are not applicable because Congress never enacted an act that authorizes states to require certain retailers to pay, collect, or remit state or local sales taxes.
    (Note: This summary applies to this bill as introduced.)

Status: 3/12/2019 Introduced In House - Assigned to Business Affairs & Labor + Finance
Amendments:

HB19-1256 Electronic Filing Of Certain Taxes 
Calendar Notification: Tuesday, April 9 2019
Business Affairs & Labor
Upon Adjournment Room LSB-A
(1) in house calendar.
Short Title: Electronic Filing Of Certain Taxes
Sponsors: M. Gray | M. Snyder
Summary:

For taxable periods beginning on or after January 1, 2020, or the date when the executive director of the department of revenue (department) establishes a system for electronic filing, whichever is later, the bill requires any taxpayer, not including individual income taxpayers, to both file returns and pay amounts due electronically; except that for certain types of taxes the department is required to stagger the implementation of mandatory filing for each tax type.


(Note: This summary applies to this bill as introduced.)

Status: 3/19/2019 Introduced In House - Assigned to Business Affairs & Labor
Amendments:

HB19-1257 Voter Approval To Retain Revenue For Ed & Transp 
Calendar Notification: Monday, April 1 2019
State Library Finance
1:30 p.m. Room Old
(1) in house calendar.
Short Title: Voter Approval To Retain Revenue For Ed & Transp
Sponsors: K. Becker | J. McCluskie / L. Court | K. Priola
Summary:

Beginning with the 2018-19 fiscal year, the bill authorizes the state to annually retain and spend all state revenues in excess of the constitutional limitation on state fiscal year spending that the state would otherwise be required to refund. The bill is a referendum that will be submitted to the voters at the statewide election held on November 5, 2019, and approval of the ballot title at the election constitutes a voter-approved revenue change to the constitutional limitation on state fiscal year spending.

If approved, an amount of money equal to the state revenues retained under this measure is designated as part of the general fund exempt account. The general assembly is required to appropriate or the state treasurer is required to transfer this money to provide funding for:

  • Public schools;
  • Higher education; and
  • Roads, bridges, and transit.

Legislative council staff will be required to specify this retained amount and its associated uses in an annual report that it currently prepares related to revenue retained and spent under referendum C. In addition, the state auditor is required to contract with a private entity to annually conduct a financial audit regarding the use of the money that the state retains and spends under this measure.


(Note: This summary applies to this bill as introduced.)

Status: 3/20/2019 Introduced In House - Assigned to Finance
Amendments:

HB19-1258 Allocate Voter-approved Revenue For Education & Transportation 
Calendar Notification: Monday, April 1 2019
State Library Finance
1:30 p.m. Room Old
(2) in house calendar.
Short Title: Allocate Voter-approved Revenue For Education & Transportation
Sponsors: K. Becker | J. McCluskie / L. Court | K. Priola
Summary:

The bill is contingent on voters approving a related referred measure to annually retain and spend state revenues in excess of the constitutional spending limit. If the measure passes, in years when the state retains and spends revenue under the authority of the measure there will be additional revenue in the general fund exempt account (account). Section 1 of the bill requires 1/3 of this money in the account to be allocated to each of the purposes approved by voters, which are:

  • Public schools;
  • Higher education; and
  • Roads, bridges, and transit.

The general assembly is required to appropriate the money for public schools and higher education for the state fiscal year after the state retains the revenue under the authority of the voter-approved revenue change, with an exception for the state fiscal year 2018-19. The money appropriated for public schools must be distributed on a per pupil basis and used by public schools only for nonrecurring expenses for the purpose of improving classrooms, and it may not be used as part of a district reserve.

The state treasurer is required to transfer the remaining 1/3 of the money to the highway users tax fund (HUTF) after the state treasurer receives a report certifying the state's TABOR revenues (report). Section 3 clarifies that the report must include the money that the state keeps and spends as a result of the 2019 measure, and that this amount must be reported separately from the referendum C money in the account.

Under section 4 the money the state treasurer transfers to the HUTF is allocated 60% to the state highway fund, 22% to counties, and 18% to cities and incorporated towns. Under section 5 no more than 90% of the money allocated to the state highway fund may be expended for highway purposes or highway-related capital improvements and at least 10% must be expended for transit purposes or for transit-related capital improvements.

Section 2 includes a conforming amendment to ensure that the allocation for the referendum C money does not apply to any new revenue in the account as a result of the 2019 voter approval.
(Note: This summary applies to this bill as introduced.)

Status: 3/20/2019 Introduced In House - Assigned to Finance
Amendments:

SB19-006 Electronic Sales And Use Tax Simplification System 
Calendar Notification: NOT ON CALENDAR
Short Title: Electronic Sales And Use Tax Simplification System
Sponsors: A. Williams / T. Kraft-Tharp | K. Van Winkle
Summary:

Sales and Use Tax Simplification Task Force. The bill requires the office of information technology (office) and the department of revenue (department), within existing resources, to conduct a sourcing method in accordance with the applicable provisions of the procurement code, and any applicable rules, for the development of an electronic sales and use tax simplification system (system). The bill also requires the office and the department to involve stakeholders to develop the scope of work.

The bill requires the general assembly to make any necessary appropriations for the initial funding and ongoing maintenance of the system from any net sales tax revenues that is credited to the general fund.

The bill specifies that on and after the date the system is online the department is required to accept any returns and payments processed through the system for state sales and use tax and for any sales and use taxes that are collected by the department on behalf of any local taxing jurisdiction.

The bill specifies that it is the general assembly's intent that a certain number of local taxing jurisdictions with home rule charters voluntarily use the system when the system comes online. Additionally, the bill states that it is the general assembly's intent that all local taxing jurisdictions with home rule charters voluntarily use the system within a specified number of years.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 3/19/2019 Senate Considered House Amendments - Result was to Concur - Repass
Amendments: Amendments

SB19-016 Severance Tax Operational Fund Distribution Methodology 
Calendar Notification: NOT ON CALENDAR
Short Title: Severance Tax Operational Fund Distribution Methodology
Sponsors: K. Donovan | D. Coram / D. Esgar | L. Saine
Summary:

Water Resources Review Committee. Money in the severance tax operational fund (operational fund) is primarily used for 2 purposes. The general assembly annually appropriates money from the operational fund for several core departmental programs, which were previously described as "tier-one programs". If money remains after these appropriations and after a reserve requirement for the core departmental programs is satisfied, then the state treasurer transfers money to an array of funds that support natural resources and energy grant programs, which were previously described as "tier-two programs".

There is also a requirement that the reserve include an amount equal to 15% of the maximum transfers to natural resources and energy grant programs required by law, and this reserve is used for the transfers, if necessary.

The bill changes the distribution of the money in the operational fund as follows:

  • Separates the reserve into the core reserve and the grant program reserve, while maintaining the overall purpose of each reserve;
  • Increases the maximum grant program reserve to 100% of the maximum transfers to the natural resources and energy grant programs required by law, which currently is equal to $36,378,072;
  • Requires the state treasurer to make the transfers to the natural resources and energy grant programs on August 15 after a fiscal year and to base the transfers on actual revenue as opposed to estimated revenue. Money from the grant program reserve may be used for these transfers; and
  • If all of the appropriations and transfers have been made and both reserves are full, then the state treasurer is required to transfer any money remaining in the operational fund to the severance tax perpetual base fund.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 12/26/2019 Introduced In Senate - Assigned to
Amendments:

SB19-024 Taxes Paid By Electronic Funds Transfers 
Calendar Notification: NOT ON CALENDAR
Short Title: Taxes Paid By Electronic Funds Transfers
Sponsors: J. Tate / J. Arndt | E. Hooton
Summary:

Statutory Revision Committee. The bill authorizes the executive director of the department of revenue (director) to require the remittance of severance taxes electronically and allows the department to promulgate rules governing such electronic payment.

The bill authorizes the director to require a taxpayer to remit sales taxes by electronic funds transfers at an earlier hour on the deadline day for making a return and paying the taxes due than taxpayers who remit sales taxes by other means.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 12/26/2019 Introduced In Senate - Assigned to
Amendments:

SB19-032 Hazardous Materials Transportation Routing 
Calendar Notification: NOT ON CALENDAR
Short Title: Hazardous Materials Transportation Routing
Sponsors: R. Scott / J. McCluskie
Summary:

The bill authorizes a public highway authority or a governmental partner in a public-private partnership to apply to the Colorado state patrol (CSP) for a new or modified hazardous materials route designation for a road or highway that it directly or indirectly maintains. The bill also requires the department of transportation (CDOT) to conduct a study to assess the feasibility of allowing the transportation of hazardous materials through the Eisenhower-Edwin C. Johnson Memorial Tunnel and prepare a study report that includes findings and recommendations as to whether and under what conditions the transportation of hazardous materials through the tunnel should be allowed. CDOT must solicit input from representatives of specified counties, towns, communities, ski resorts, industries, organizations, and emergency services providers and from the department of public safety, including representatives of the division of fire prevention and control and the CSP, regarding the scope of the study and must consider specified information and criteria and conduct specified types of analysis when conducting the study.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 3/14/2019 Senate Considered House Amendments - Result was to Concur - Repass
Amendments: Amendments

SB19-053 California Motor Vehicle Emission Standards 
Calendar Notification: NOT ON CALENDAR
Short Title: California Motor Vehicle Emission Standards
Sponsors: J. Cooke
Summary:

The bill prohibits the air quality control commission from adopting motor vehicle emission standards that are more stringent than federal standards and from adopting the California motor vehicle emission standards and test procedures unless they are the same as the federal standards.
(Note: This summary applies to this bill as introduced.)

Status: 2/14/2019 Senate Committee on Health & Human Services Postpone Indefinitely
Amendments:

SB19-077 Electric Motor Vehicles Public Utility Services 
Calendar Notification: Tuesday, April 9 2019
Transportation & Local Government
Upon Adjournment Room 0112
(1) in house calendar.
Short Title: Electric Motor Vehicles Public Utility Services
Sponsors: K. Priola | A. Williams / C. Hansen
Summary:

Currently, public utilities may provide charging ports or fueling stations for motor vehicles as unregulated services. The bill authorizes public utilities to provide these services as regulated or unregulated services and allows cost recovery.

The bill requires a public utility to apply to the public utilities commission (commission) to build facilities to support electric vehicles. Standards are set for approval. When a facility is built, the rates and charges for the services:

  • May allow a return on any investment made by a public utility at the utility's most recent rate of return on equity approved by the commission;
  • May allow for rate recovery mechanisms that allow earlier recovery of costs; and
  • May allow for performance-based incentive returns or similar investment incentives.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 3/8/2019 Introduced In House - Assigned to Transportation & Local Government
Amendments: Amendments

SB19-083 Colorado Department Of Public Health And Environment Air Quality Control 
Calendar Notification: NOT ON CALENDAR
Short Title: Colorado Department Of Public Health And Environment Air Quality Control
Sponsors: R. Zenzinger / H. McKean
Summary:

Statutory Revision Committee. The bill:

  • Eliminates the requirement that the state board of health supervise certain air quality control programs; and
  • Removes statutory provisions relating to the air pollution variance board and the air quality hearings board.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 3/7/2019 Governor Signed
Amendments:

SB19-096 Collect Long-term Climate Change Data 
Calendar Notification: Thursday, March 21 2019
SENATE TRANSPORTATION & ENERGY COMMITTEE
Upon Adjournment SCR 352
(1) in senate calendar.
Short Title: Collect Long-term Climate Change Data
Sponsors: K. Donovan / C. Hansen
Summary:

The bill requires the air quality control commission in the department of public health and environment to collect greenhouse gas emissions data from greenhouse gas-emitting entities, report on the data, including a forecast of future emissions, and propose a draft rule to address the emissions by July 1, 2020.
(Note: This summary applies to this bill as introduced.)

Status: 3/21/2019 Senate Committee on Transportation & Energy Refer Amended to Appropriations
Amendments:

SB19-130 Sales Tax Administration 
Calendar Notification: NOT ON CALENDAR
Short Title: Sales Tax Administration
Sponsors: B. Gardner / J. Rich | C. Larson
Summary:

The United States Supreme Court, on June 21, 2018, decided South Dakota v. Wayfair, Inc., et al. , overruling 2 previous United States Supreme Court cases that stood for the rule that a state could not require an out-of-state retailer to collect sales tax if the retailer lacked physical presence in the state. Because of the Wayfair decision, states can require retailers without physical presence in the state to collect sales tax on purchases made by in-state customers so long as the sales tax system in the state is not too burdensome for the out-of-state retailer. The bill simplifies the state sales tax system for retailers without physical presence by:

  • Not requiring retailers without physical presence that only transact limited business in Colorado to collect sales tax;
  • Specifying that only the state's sales tax base, not a local sales tax base, will apply to all sales made by retailers without physical presence;
  • Requiring that the department of revenue (department) be responsible for all state and local sales tax administration and return processing, including the establishment of a single form for returns;
  • Specifying that a central audit bureau is the sole entity within the state that is responsible for auditing retailers without physical presence and specifying that the central audit bureau be developed by the department in coordination with local taxing jurisdictions;
  • Establishing that sales are taxed based on where the goods are delivered (destination sourcing) for all sales made by retailers without physical presence in the state, including local taxing jurisdictions, but specifying that destination sourcing is not required for sales made by Colorado retailers;
  • Requiring the department to provide information to retailers without physical presence that indicates the taxability of products and services along with any product and service exemptions from sales tax in the state;
  • Requiring the department to provide retailers without physical presence a sales tax rate database and a database of local taxing jurisdiction boundaries;
  • Requiring the department to make available free-of-charge software that calculates sales taxes due on each transaction at the time the transaction is completed, files sales tax returns, and updates to reflect any tax rate changes for the state or any local taxing jurisdiction;
  • Allowing the department to contract with one or more certified software providers without regard to the procurement code to provide the software or provide access to the software;
  • Allowing a retailer to elect to collect and remit sales tax on its own, without using the services of a certified software provider, or allowing a retailer to elect to use the services of a certified software provider;
  • Specifying that, in providing the software free of charge, the contracts negotiated between the department and the certified software providers must provide that all or a portion of the vendor fee may not be retained by the retailer electing to utilize the services of a certified software provider but will instead be retained by the certified software provider as payment for its services;
  • Requiring the department to establish certification procedures for persons to be approved as certified software providers; and
  • Providing the required relief of liability for errors to retailers without physical presence and other retailers utilizing the software.

The bill allows local taxing jurisdictions governed by a home rule charter to opt in by passing an ordinance, resolution, or accepting the state's administration and distribution of its local sales tax on sales made by retailers without physical presence that is collected and remitted by such sellers in accordance with the bill.


(Note: This summary applies to this bill as introduced.)

Status: 2/12/2019 Senate Committee on Finance Postpone Indefinitely
Amendments:

SB19-131 Exempt Certain Businesses From Destination Sourcing Rule 
Calendar Notification: NOT ON CALENDAR
Short Title: Exempt Certain Businesses From Destination Sourcing Rule
Sponsors: R. Woodward / K. Van Winkle | J. Arndt
Summary:

On December 18, 2018, the department of revenue adopted various emergency rules related to sales tax collection, including a new destination sourcing rule that requires retailers to collect sales tax based on where the tangible personal property or service will be delivered instead of based on the taxing jurisdiction in which the retailer is located.

The bill specifies that the new destination sourcing rule does not apply to any retailer with physical presence that has generated less than $100,000 in gross revenue from the sale of tangible personal property or services outside of the taxing jurisdiction where the retailer is located. For those particular retailers with physical presence, the sale is sourced to the retailer's location, regardless of whether the tangible personal property or service is delivered outside of the taxing jurisdiction in which the retailer is located. The bill also adds the same exception to the statutory retailer's use tax collection requirement.


(Note: This summary applies to this bill as introduced.)

Status: 2/19/2019 Senate Committee on Finance Postpone Indefinitely
Amendments:

SB19-181 Protect Public Welfare Oil And Gas Operations 
Calendar Notification: Monday, March 25 2019
State Library Finance
1:30 p.m. Room Old
(1) in house calendar.
Short Title: Protect Public Welfare Oil And Gas Operations
Sponsors: S. Fenberg | M. Foote / K. Becker | Y. Caraveo
Summary:

The bill prioritizes the protection of public safety, health, welfare, and the environment in the regulation the oil and gas industry by modifying the oil and gas statute and by clarifying, reinforcing, and establishing local governments' regulatory authority over the surface impacts of oil and gas development.

Current law specifies that local governments have so-called "House Bill 1041" powers, which are a type of land use authority over oil and gas mineral extraction areas, only if the Colorado oil and gas conservation commission (commission) has identified a specific area for designation. Sections 1 and 2 of the bill repeal that limitation.

Section 3 directs the air quality control commission to review its leak detection and repair rules and to adopt rules to minimize emissions of methane and other hydrocarbons, volatile organic compounds, and oxides of nitrogen.

Section 4 clarifies that local governments have land use authority to regulate the siting of oil and gas locations to minimize adverse impacts to public safety, health, welfare, and the environment and to regulate land use and surface impacts, including the ability to inspect oil and gas facilities; impose fines for leaks, spills, and emissions; and impose fees on operators or owners to cover the reasonably foreseeable direct and indirect costs of permitting and regulation and the costs of any monitoring and inspection program necessary to address the impacts of development and enforce local governmental requirements. Section 4 also allows a local government or oil and gas operator to request the director of the commission to convene a technical review board to evaluate the effect of the local government's preliminary or final determination on the operator's application.

Section 5 repeals an exemption for oil and gas production from counties' authority to regulate noise.

The remaining substantive sections of the bill amend the "Oil and Gas Conservation Act" (Act). The legislative declaration for the Act states that it is in the public interest to "foster" the development of oil and gas resources in a manner "consistent" with the protection of public health, safety, and welfare, including protection of the environment and wildlife resources; this has been construed to impose a balancing test between fostering oil and gas development and protecting the public health, safety, and welfare. Section 6 states that the public interest is to "regulate" oil and gas development to "protect" those values.

Currently, the Act defines "waste" to include a diminution in the quantity of oil or gas that ultimately may be produced. Section 7 excludes from that definition the nonproduction of oil or gas as necessary to protect public health, safety, welfare, the environment, or wildlife resources. Section 7 also repeals the requirement that the commission take into consideration cost-effectiveness and technical feasibility with regard to actions and decisions taken to minimize adverse impacts and repeals the limitation of the term "minimize adverse impacts" to wildlife resources.

The 9-member commission currently includes 3 members who must have substantial experience in the oil and gas industry and one member who must have training or experience in environmental or wildlife protection. Section 8 reduces the number of industry members to one and requires one member with training or substantial experience in wildlife protection; one member with training or substantial experience in environmental protection; one member with training or substantial experience in technical expertise or soil conservation or reclamation; one member who is an active agricultural producer or a royalty owner; and one member with training or substantial experience in public health. Section 9 requires the director of the commission to hire up to 2 deputy directors. The director is required to submit a report to the general assembly regarding any recommended changes to the commission. Upon receipt of a request for a technical review, the director is required to appoint technical review board members.

The Act currently specifies that the commission has exclusive authority relating to the conservation of oil or gas. Section 10 clarifies that nothing in the Act alters, impairs, or negates the authority of:

  • The air quality control commission to regulate the air pollution associated with oil and gas operations;
  • The water quality control commission to regulate the discharge of water pollutants from oil and gas operations;
  • The state board of health to regulate the disposal of naturally occurring radioactive materials and technologically enhanced naturally occurring radioactive materials from oil and gas operations;
  • The solid and hazardous waste commission to regulate the disposal of hazardous waste and exploration and production waste from oil and gas operations; or
  • A local government to regulate land use related to oil and gas operations, including specifically the siting of an oil and gas location.

Currently, an operator first gets a permit from the commission to drill one or more wells within a drilling unit, which is located within a defined area, and then notifies the applicable local government of the proposed development and seeks any necessary local government approval. Section 11 requires operators to file, with the application for a permit to drill, either: Proof that the operator has already filed an application with the affected local government to approve the siting of the proposed oil and gas location and of the local government's disposition of the application; or proof that the affected local government does not regulate the siting of oil and gas locations. Section 11 also specifies that, until the commission has promulgated rules regarding 3 specific topics and the rules have become effective, the director may refuse to issue a permit if the director determines that the permit requires additional analysis to ensure the protection of public health, safety, and welfare or the environment or requires additional local government or other state agency consultation.

Pursuant to commission rule, an operator may submit a statewide blanket financial assurance of $60,000 for fewer than 100 wells or $100,000 for 100 or more wells. Section 11 directs the commission to adopt rules that require financial assurance sufficient to provide adequate coverage for all applicable requirements of the Act. Current law allows the commission to set numerous fees used to administer the Act and sets a $200 or $100 cap on the fees. Section 11 eliminates the caps and requires the commission to set a permit application fee in an amount sufficient to recover the commission's reasonably foreseeable direct and indirect costs in conducting the analysis necessary to assure that permitted operations will be conducted in compliance with all applicable requirements of the Act.

Current law gives the commission the authority to regulate oil and gas operations so as to prevent and mitigate "significant" adverse environmental impacts to the extent necessary to protect public health, safety, and welfare, taking into consideration cost-effectiveness and technical feasibility. Section 11 requires the commission to protect and minimize adverse impacts to public health, safety, and welfare, the environment, and wildlife resources and protect against adverse environmental impacts on any air, water, soil, or biological resource resulting from oil and gas operations. Section 11 also requires the commission to adopt rules that require alternate location analyses for oil and gas facilities that are proposed to be located near populated areas and that evaluate and address the cumulative impacts of oil and gas development. Finally, section 11 directs the commission to promulgate rules to:

  • Ensure proper wellbore integrity of all oil and gas production wells, including the use of nondestructive testing of well joints and requiring certification of several categories of oil and gas workers;
  • Allow public disclosure of flowline information and to evaluate and determine when a deactivated flowline must be inspected before being reactivated; and
  • Evaluate and determine when inactive, temporarily abandoned, and shut-in wells must be inspected before being put into production or used for injection.

Current law authorizes "forced" or "statutory" pooling, a process by which "any interested person", typically an operator who has at least one lease or royalty interest, may apply to the commission for an order to pool oil and gas resources located within a particularly identified drilling unit. After giving notice to interested parties and holding a hearing, the commission can adopt a pooling order to require an owner of oil and gas resources within the drilling unit who has not consented to the application (nonconsenting owner) to allow the operator to produce the oil and gas within the drilling unit notwithstanding the owner's lack of consent. Section 12 requires that the owners of more than 50% of the mineral interests to be pooled must have joined in the application for a pooling order and that the application include either: Proof that the applicant has already filed an application with the affected local government to approve the siting of the proposed oil and gas facilities and of the local government's disposition of the application; or proof that the affected local government does not regulate the siting of oil and gas facilities. Section 12 also specifies that the operator cannot use the surface owned by a nonconsenting owner without permission from the nonconsenting owner.

Current law also sets the royalty that a nonconsenting owner is entitled to receive at 12.5% of the full royalty rate until the consenting owners have been fully reimbursed (out of the remaining 87.5% of the nonconsenting owner's royalty) for their costs. Section 12 raises a nonconsenting owner's royalty rate during this pay-back period from 12.5% to 13% and makes a corresponding reduction of the portion of the nonconsenting owner's royalty from which the consenting owners' costs are paid.

Current law requires the commission to ensure that the 2-year average of the unobligated portion of the oil and gas conservation and environmental response fund does not exceed $6 million and that there is an adequate balance in the environmental response account in the fund to address environmental response needs. Section 13 directs the commission to ensure that the unobligated portion of the fund does not exceed 50% of total appropriations from the fund for the upcoming fiscal year and that there is an adequate balance in the account to support the operations of the commission and to address environmental response needs.

Section 15 amends preemption law by specifying that both state agencies and local governments have authority to regulate oil and gas operations and establishes that local government requirements may be more stringent than state requirements.

Section 16 appropriates $770,959 to the department of natural resources to implement the act.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 3/18/2019 House Committee on Energy & Environment Refer Unamended to Finance
Amendments: Amendments

SB19-188 FAMLI Family Medical Leave Insurance Program 
Calendar Notification: NOT ON CALENDAR
Short Title: FAMLI Family Medical Leave Insurance Program
Sponsors: F. Winter | A. Williams / M. Gray | M. Duran
Summary:

The bill creates the family and medical leave insurance (FAMLI) program and the division of family and medical leave insurance (division) in the department of labor and employment to provide partial wage replacement benefits to an eligible individual who takes leave from work:

  • To care for a new child or a family member with a serious health condition;
  • Because the eligible individual is unable to work due to the individual's own serious health condition or because the individual or a family member is the victim of abusive behavior; or
  • Due to certain needs arising from a family member's active duty service.

Each employee and employer in the state will pay one-half the cost of a premium as specified in the bill, which premium is based on a percentage of the employee's yearly wages. The premiums are deposited into the family and medical leave insurance fund, and family and medical leave benefits are paid to eligible individuals from the fund. The division is established as an enterprise, and premiums paid into the fund are not considered state revenues for purposes of the taxpayer's bill of rights (TABOR).


(Note: This summary applies to this bill as introduced.)

Status: 3/13/2019 Senate Committee on Business, Labor, & Technology Refer Amended to Finance
Amendments: Amendments

SB19-192 Front Range Waste Diversion Enterprise Grant Program 
Calendar Notification: Thursday, March 21 2019
SENATE LOCAL GOVERNMENT COMMITTEE
Upon Adjournment SCR 354
(2) in senate calendar.
Short Title: Front Range Waste Diversion Enterprise Grant Program
Sponsors: F. Winter | K. Priola / D. Jackson
Summary:

Section 1 of the bill creates the front range waste diversion enterprise. The enterprise will collect a user fee on each load of waste disposed of at a landfill in the front range and credit it to the new front range waste diversion cash fund to finance the front range waste diversion grant program.

Section 2 sets the user fee at 15 cents per cubic yard per load from January 1, 2020, through December 31, 2020. The fee increases 15 cents per year so that on and after January 1, 2023, the fee is 60 cents per cubic yard per load; except that this amount is adjusted annually by inflation after January 1, 2024.

Section 3 increases the fine for littering on public or private property by inflation and credits the increased fine to the fund.

The front range is defined as the counties of Adams, Arapahoe, Boulder, Douglas, Elbert, El Paso, Jefferson, Larimer, Pueblo, Teller, and Weld and the cities and counties of Broomfield and Denver. The following entities that are located or provide services in the front range are eligible to apply for grants: Municipalities, counties, and cities and counties; nonprofit and for-profit businesses involved in waste disposal or diversion; and institutions of higher education and public or private schools.

The enterprise shall administer the grant program and provide technical assistance to eligible entities to achieve the following municipal waste diversion goals within the front range:

  • 32% diversion by 2021;
  • 39% diversion by 2026; and
  • 51% diversion by 2036.

The board of directors of the enterprise shall submit a report by July 1 of each year to the committees of reference of the general assembly with jurisdiction over the environment regarding the grant program. The enterprise, increased user fee, and increased littering fine are repealed, effective September 1, 2029.


(Note: This summary applies to this bill as introduced.)

Status: 3/11/2019 Introduced In Senate - Assigned to Local Government
Amendments: