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: 4/25/2019 Senate Committee on Transportation & Energy Postpone Indefinitely
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:

Metropolitan district - fire protection - sales tax. 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. The act 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 this bill as enacted.)

Status: 3/21/2019 Governor Signed
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: Friday, May 3 2019
THIRD READING OF BILLS - FINAL PASSAGE (CONTINUED)
(1) in senate calendar.
Short Title: Modify Innovative Motor Vehicle Income Tax Credits
Sponsors: S. Jaquez Lewis | M. Gray / J. Danielson
Summary:

Income tax - credit - innovative motor vehicles. The act 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 enacted.)

Status: 5/31/2019 Governor Signed
Amendments: Amendments

HB19-1188 Greenhouse Gas Pollution Impact In Fiscal Notes 
Calendar Notification: Friday, May 3 2019
THIRD READING OF BILLS - FINAL PASSAGE (CONTINUED)
(1) in senate calendar.
Short Title: Greenhouse Gas Pollution Impact In Fiscal Notes
Sponsors: E. Sirota | M. Snyder / M. Foote
Summary:

Greenhouse gas emissions reports on bills - process for requesting - content of reports - appropriation. Beginning with the 2020 legislative session, the staff of the legislative council are required to prepare greenhouse gas emissions reports (reports) on legislative bills in each regular session of the general assembly. The speaker of the house of representatives, the minority leader of the house of representatives, the president of the senate, and the minority leader of the senate are authorized to request 5 reports each, or more at the discretion of the director of research of the legislative council.

When a member of leadership requests a report, the staff of the legislative council must meet with the requesting member and the sponsor of the bill to discuss whether a report can practically be completed for that bill. If not, the member of leadership may request a report on a different bill, within the limits specified in the act.

A greenhouse gas emissions report is defined as a report that uses available data to assess whether a legislative measure is likely to directly cause a net increase or decrease in greenhouse gas pollution in the 10-year period following its enactment. The report must identify new sources of emissions, any increase or decrease in emissions from existing sources, and any impact on sequestration, but is not required to quantify the magnitude of the impact. Greenhouse gas is defined to mean to carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, or sulfur hexafluoride.

The director of research of the legislative council must develop the procedures for requesting, completing, and updating the reports and memorialize the procedures in a letter to the executive committee of the legislative council. The director must provide a report to the legislative council on the implementation of the act on or before December 1, 2024. The act is repealed effective September 1, 2025.

$81,911 is appropriated to the legislative department for use by the legislative council staff for the implementation of the act.


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

Status: 5/29/2019 Governor Signed
Amendments: Amendments

HB19-1198 Electric Vehicle Grant Fund 
Calendar Notification: NOT ON CALENDAR
Short Title: Electric Vehicle Grant Fund
Sponsors: A. Valdez | D. Valdez / J. Bridges | K. Priola
Summary:

Electric vehicle grant fund - administration. The act 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 this bill as enacted.)

Status: 4/17/2019 Governor Signed
Amendments:

HB19-1199 Colorado Clean Pass Act 
Calendar Notification: NOT ON 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: 4/15/2019 House Committee on Finance Postpone Indefinitely
Amendments: Amendments

HB19-1240 Sales And Use Tax Administration 
Calendar Notification: NOT ON CALENDAR
Short Title: Sales And Use Tax Administration
Sponsors: T. Kraft-Tharp | K. Van Winkle / L. Court | J. Tate
Summary:

Sales and use tax - changes in law applicable to the state and state collected local governments - establishing economic nexus - codifying destination sourcing - establishing an exception to destination sourcing - requiring marketplace facilitators to collect and remit sales tax on behalf of marketplace sellers. The act:

  • 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;
  • Commencing October 1, 2019, 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, concerning the implementation of the minimum simplification requirements of the proposed federal "Marketplace Fairness Act of 2013" in order for the state to be authorized by the federal government to require remote sellers to collect sales tax on taxable sales made within the state, 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 enacted.)

Status: 5/23/2019 Governor Signed
Amendments: Amendments

HB19-1256 Electronic Filing Of Certain Taxes 
Calendar Notification: NOT ON CALENDAR
Short Title: Electronic Filing Of Certain Taxes
Sponsors: M. Gray | M. Snyder / N. Todd
Summary:

Returns - electronic filing and payment. The act requires taxpayers, not including individual income taxpayers, to both file tax returns and pay amounts due for specified taxes electronically.
(Note: This summary applies to this bill as enacted.)

Status: 5/31/2019 Governor Signed
Amendments:

HB19-1257 Voter Approval To Retain Revenue For Ed & Transp 
Calendar Notification: NOT ON CALENDAR
Short Title: Voter Approval To Retain Revenue For Ed & Transp
Sponsors: K. Becker | J. McCluskie / L. Court | K. Priola
Summary:

Excess state revenues - retain and spend - voter-approved revenue change - November 2019 election - public schools, higher education, and roads, bridges, and transit - annual audit. Contingent on voters' approval at the statewide election held on November 5, 2019, the act authorizes the state to annually retain and spend all state revenues in excess of the constitutional limitation on state fiscal year spending that it would otherwise be required to refund. An amount of money equal to the state revenues so retained is designated as part of the general fund exempt account and 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.

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.

Adopted by the General Assembly: April 29, 2019

NOTE: On November 5, 2019, the secretary of state shall submit this act by its ballot title to the registered electors of the state for their approval or rejection. Except as otherwise provided in section 1-40-123, Colorado Revised Statutes, if a majority of the electors voting on the ballot title vote "Yes/For", then the act will become part of the Colorado Revised Statutes.
(Note: This summary applies to this bill as enacted.)

Status: 6/5/2019 Sent to the Governor
Amendments: Amendments

HB19-1258 Allocate Voter-approved Revenue For Education & Transportation 
Calendar Notification: NOT ON CALENDAR
Short Title: Allocate Voter-approved Revenue For Education & Transportation
Sponsors: K. Becker | J. McCluskie / L. Court | K. Priola
Summary:

Retained excess state revenues - public schools, higher education, and roads, bridges, and transit - further allocation. The act is contingent on voters approving a related referred measure to annually retain and spend state revenues in excess of the constitutional spending limit. The act requires 1/3 of this money in the account to be allocated for each of the following purposes:

  • 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. 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), and this money is further allocated 60% to the state highway fund, 22% to counties, and 18% to cities and incorporated towns. No more than 85% of the money allocated to the state highway fund may be expended for highway purposes or highway-related capital improvements and at least 15% must be expended for transit purposes or for transit-related capital improvements.


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

Status: 6/3/2019 Governor Signed
Amendments: Amendments

HB19-1261 Climate Action Plan To Reduce Pollution 
Calendar Notification: NOT ON CALENDAR
Short Title: Climate Action Plan To Reduce Pollution
Sponsors: K. Becker | D. Jackson / F. Winter | A. Williams
Summary:

Air pollution - statewide greenhouse gas pollution abatement - air quality control commission - rules - appropriation. Section 1 of the act states that Colorado shall have statewide goals to reduce 2025 greenhouse gas emissions by at least 26%, 2030 greenhouse gas emissions by at least 50%, and 2050 greenhouse gas emissions by at least 90% of the levels of statewide greenhouse gas emissions that existed in 2005.

Section 3 specifies considerations that the air quality control commission is to take into account in implementing policies and promulgating rules to reduce greenhouse gas pollution, including the benefits of compliance and the equitable distribution of those benefits, the costs of compliance, opportunities to incentivize clean energy in transitioning communities, and the potential to enhance the resilience of Colorado's communities and natural resources to climate impacts.

The commission will consult with the public utilities commission with regard to rules that affect the providers of retail electricity in Colorado. The commission shall not mandate an electric public utility to reduce its emissions by 2030 more than is required by a clean energy plan filed with the public utilities commission if the plan demonstrates an 80% reduction from 2005 statewide green gas emission levels by 2030. A clean energy plan voluntarily filed by a cooperative electric association that has exempted itself from the public utilities commission's jurisdiction or a municipally owned utility with the public utilities commission is deemed approved if the plan demonstrates an 80% reduction by 2030.

$281,588 is appropriated from the general fund to the department of public health and environment to implement the act, of which $93,267 is reappropriated to the department of law.


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

Status: 5/30/2019 Governor Signed
Amendments: Amendments

HB19-1279 Protect Public Health Firegfighter Safety Regulation PFAS Polyfluoroalkyl Substances 
Calendar Notification: NOT ON CALENDAR
Short Title: Protect Public Health Firegfighter Safety Regulation PFAS Polyfluoroalkyl Substances
Sponsors: T. Exum | L. Landgraf / P. Lee | D. Hisey
Summary:

Training and testing restrictions with certain firefighting foams - restriction on sale of certain firefighting foams - notification of chemicals in protective equipment -survey. The act prohibits the use of class B firefighting foam that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS foam) for training purposes or for testing firefighting foam fire systems and creates a civil penalty for doing so.

The act also creates the "Firefighting Foams Control Act" (act) which:

  • Prohibits the sale of PFAS foam in certain circumstances;
  • Requires manufacturers of PFAS foam to notify sellers of the provisions of the act;
  • Requires manufacturers to disclose whether the personal protective equipment they produce contains perfluoroalkyl and polyfluoroalkyl substances;
  • Allows for the department of public health and environment to request a certificate of compliance from a manufacturer of class B firefighting foam or firefighting personal protective equipment to ensure that those manufacturers are complying with the limitations on the manufacture of PFAS foam as set forth in the act;
  • Creates a civil penalty for violating the provisions of the act; and
  • Requires the department of public health and environment to conduct a survey to determine the amount of PFAS foam currently held, used, and disposed of by fire departments.
    (Note: This summary applies to this bill as enacted.)

Status: 6/3/2019 Governor Signed
Amendments: Amendments

HB19-1298 Electric Motor Vehicle Charging Station Parking 
Calendar Notification: Friday, May 3 2019
THIRD READING OF BILLS - FINAL PASSAGE (CONTINUED)
(1) in senate calendar.
Short Title: Electric Motor Vehicle Charging Station Parking
Sponsors: J. Melton / K. Priola
Summary:

Dedicated electric vehicle charging stations - misuse - penalties. The act authorizes the owner of a plug-in electric motor vehicle charging station to install a sign that identifies the station. If the sign is installed, a person is prohibited from:

  • Parking in the space if the vehicle is not an electric vehicle; and
  • Using a dedicated charging station for parking if the electric vehicle is not charging.

An electric vehicle is rebuttably presumed to not be charging if the electric vehicle is parked in a charging station and is not electrically connected to the charger for longer than 30 minutes. A person may park an electric vehicle at a charging station after the electric vehicle is fully charged in a parking lot:

  • That serves a lodging business if the person is a client of the lodging business and has parked the electric vehicle in the lot to charge overnight;
  • That serves an airport if the person is a client of the airport and has parked the electric vehicle in the lot to charge when traveling; or
  • Between the hours of 11 p.m. and 5 a.m.

The penalty for a violation is a $150 fine and a $32 surcharge.


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

Status: 5/31/2019 Governor Signed
Amendments: Amendments

HB19-1313 Electric Utility Plans To Further Reduce Carbon Dioxide Emissions 
Calendar Notification: NOT ON CALENDAR
Short Title: Electric Utility Plans To Further Reduce Carbon Dioxide Emissions
Sponsors: K. Becker | C. Hansen / F. Winter | K. Priola
Summary:

Section 1 of the bill authorizes payments from an existing fund for administrative expenses of the public utilities commission (PUC) to defray the costs incurred by the department of public health and environment and any other state agencies in reviewing clean energy plans submitted under section 3 of the bill.

Section 2 repeals laws that allow an electric utility to own, as rate-based property, new eligible energy resources without competitive bidding if certain conditions are satisfied.

Section 3 supplements the existing renewable energy standards statute by establishing targets for the reduction of carbon dioxide emissions from electricity generation by utilities serving more than 500,000 customers, with the opportunity for other utilities to opt in. The targets are:

  • By 2030, an 80% reduction in carbon dioxide emission levels compared to 2005 levels; and
  • For 2050 and thereafter, a goal of a 100% reduction in carbon dioxide emission levels.

Section 3 also directs qualifying retail utilities to submit plans to the PUC as part of their ongoing resource acquisition planning process to address the clean energy targets. A clean energy plan must detail the actions and investments the utility intends to undertake, including specifying the new resources and infrastructure proposed to be used; the anticipated effects of the plan on the safety, reliability, and resilience of the overall electric system; the methods proposed for measuring carbon dioxide reductions; and the costs of implementation, which must be reasonable.

The approval process also includes participation by the division of administration within the department of public health and environment regarding the measurement of carbon dioxide emission reductions and predictions as to whether the clean energy plan will achieve the desired reductions.

A utility implementing a clean energy plan may recover its costs of implementation through rates, as approved by the PUC, and own any generating resources and infrastructure necessary to effectuate the plan. The utility is required to use a competitive bidding process to fill the cumulative resource need identified in its next electric resource plan that includes a clean energy plan filed after January 1, 2020.

Each utility that receives approval of a clean energy plan is required to report to the governor, the general assembly, the PUC, and the air quality control commission on a list of matters, including its progress in implementing the plan and in reducing carbon dioxide emissions. To address Colorado's relative lack of seamless integration into the national energy grid, the PUC is directed to open an investigatory proceeding to evaluate the costs and benefits associated with regional transmission organizations, energy imbalance markets, joint tariffs, and power pools.

Section 4 strengthens an existing provision requiring electric resource acquisition decisions to be made with consideration of "best value" employment metrics and the use of Colorado labor by requiring a utility to obtain and provide to the PUC relevant documentation on these topics, including the availability of apprenticeship programs registered with the United States department of labor.

Section 5 establishes a qualified right for a retail electric utility customer to generate, consume, store, and export to the grid any electricity produced from customer-sited renewable sources, also known as distributed generation.

Section 6 adopts the "Colorado Energy Impact Bond Act" under which electric utilities may finance the retirement of fossil-fuel-powered generation facilities and the transition to renewable energy sources by issuing low-cost corporate securities. These securities, known as Colorado energy impact bonds or "CO-EI bonds," are subject to PUC approval and required to have a rating of at least AA or AA2, must have a scheduled maturity date of 32 years or less, and are repayable through rates as part of the costs of implementing a clean energy plan.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 5/2/2019 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
Amendments: Amendments

HB19-1324 Strategic Lawsuits Against Public Participation 
Calendar Notification: Friday, May 3 2019
THIRD READING OF BILLS - FINAL PASSAGE
(1) in senate calendar.
Short Title: Strategic Lawsuits Against Public Participation
Sponsors: L. Cutter | S. Bird / M. Foote
Summary:

Anti Strategic lawsuit against public participation - motions to dismiss - appeal. The act establishes an expedited process for a court to follow in a civil action in which a defendant files a motion to dismiss based upon the fact that the defendant was exercising the defendant's constitutional right to petition the government or of free speech. The act also authorizes an interlocutory appeal of the granting or certain denials of the motion to dismiss.
(Note: This summary applies to this bill as enacted.)

Status: 6/3/2019 Governor Signed
Amendments: Amendments

HB19-1325 Electric Car Manufacturers May Sell Directly To Consumers 
Calendar Notification: NOT ON CALENDAR
Short Title: Electric Car Manufacturers May Sell Directly To Consumers
Sponsors: C. Hansen | H. McKean / K. Priola | J. Bridges
Summary:

Current law states that, with certain exceptions, a motor vehicle manufacturer may not own, operate, or control any motor vehicle dealer or used motor vehicle dealer in Colorado. The bill creates a new exception that allows the ownership, operation, or control of a motor vehicle dealer by an electric motor vehicle manufacturer that engages exclusively in the sale of electric motor vehicles of the same line-make as are manufactured by the electric motor vehicle manufacturer.

An "electric motor vehicle" is a motor vehicle that operates entirely on electrical power, does not include a fuel combustion engine, and has at least 4 wheels in contact with the ground during normal operation. An "electric motor vehicle manufacturer" is an entity that manufactures and sells electric motor vehicles and does not manufacture or sell motor vehicles that are fully or partly powered by a fuel combustion engine.


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

Status: 4/24/2019 House Third Reading Lost - No Amendments
Amendments: 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 - sourcing method for development of electronic sales and use tax simplification system. The act 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 act also requires the office and the department to involve stakeholders to develop the scope of work.

The act 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 are credited to the general fund.

The act 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 act specifies that it is the general assembly's intent that 3 local taxing jurisdictions with home rule charters voluntarily use the system when the system comes online. Additionally, the act states that it is the general assembly's intent that all local taxing jurisdictions with home rule charters voluntarily use the system within 3 years.


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

Status: 4/12/2019 Governor Signed
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:

Severance tax operational fund - distribution - core departmental programs - natural resources and energy grant programs - reserve requirement - cap - transfer to the severance tax perpetual base fund. The act makes the following changes related to the distribution of the money in the severance tax operational fund (operational fund):

  • Defines programs for the department of natural resources that are funded from the operational fund and that were known as "tier-one programs" as "core departmental programs";
  • Defines transfers that are made after the core departmental programs and a reserve requirement are funded and were known as "tier-two programs" as "transfers to the natural resources and energy grant programs";
  • Separates an existing reserve into 2 separate reserves, the core reserve and the grant program reserve, while maintaining the overall purpose of each reserve;
  • Establishes a cap on the grant program reserve equal to the maximum transfers to the natural resources and energy grant programs required by law;
  • 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;
  • Permits money from the grant program reserve to be used for the transfers to the natural resources and energy grant programs; and
  • If all of the appropriations and transfers have been made and both reserves are full, then requires the state treasurer to transfer any money remaining in the operational fund to the severance tax perpetual base fund.
    (Note: This summary applies to this bill as enacted.)

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:

When taxpayers must pay taxes via electronic funds transfer - consistent approach - timing of deadlines - department of revenue. The act 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 act 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 this bill as enacted.)

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:

Hazardous materials - routing for transport. The act 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 act 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 no later than December 1, 2020, 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 this bill as enacted.)

Status: 4/8/2019 Governor Signed
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: NOT ON CALENDAR
Short Title: Electric Motor Vehicles Public Utility Services
Sponsors: K. Priola | A. Williams / C. Hansen
Summary:

Electric utilities - electric vehicles - charging ports and related infrastructure - cost recovery for investments - limitation on rate impact. The act authorizes electric public utilities to provide charging ports as regulated services and allows cost recovery. The retail rate impact from the development of electric vehicle infrastructure must not exceed one-half of one percent of the total annual revenue requirements of the utility.

The act requires an electric public utility to apply to the public utilities 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 weighted average cost of capital with the most recent rate of return on equity approved by the commission;
  • For rate recovery mechanisms that allow earlier recovery of costs; and
  • For performance-based incentive returns or similar investment incentives.
    (Note: This summary applies to this bill as enacted.)

Status: 5/31/2019 Governor Signed
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:

State board of health - supervision of air quality control programs - repeal. The act 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 this bill as enacted.)

Status: 3/7/2019 Governor Signed
Amendments:

SB19-096 Collect Long-term Climate Change Data 
Calendar Notification: Friday, May 3 2019
THIRD READING OF BILLS - FINAL PASSAGE
(2) in house calendar.
Short Title: Collect Long-term Climate Change Data
Sponsors: K. Donovan / C. Hansen
Summary:

Air pollution - greenhouse gas emission reporting - air quality control commission - rules - appropriation. The act requires the air quality control commission in the department of public health and environment (department) to collect greenhouse gas emissions data from greenhouse gas-emitting entities and report on the data, including a forecast of future emissions. The commission will adopt rules by June 1, 2020, to require the reporting, and propose draft rules by July 1, 2020, to cost-effectively allow the state to meet its greenhouse gas emission reduction goals. The act also requires the division of administration in the department to update a statewide inventory of greenhouse gas emissions by sector and to post the findings of the inventory on the division's website through 2030.

The act appropriates $265,589 to the department from the general fund to implement the act.


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

Status: 5/30/2019 Governor Signed
Amendments: 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: NOT ON CALENDAR
Short Title: Protect Public Welfare Oil And Gas Operations
Sponsors: S. Fenberg | M. Foote / K. Becker | Y. Caraveo
Summary:

Oil and gas operations - air quality regulation - local government authority - oil and gas conservation commission - composition - authority - financial assurance requirements - pooling - appropriation. The act prioritizes the protection of public safety, health, welfare, and the environment in the regulation of the oil and gas industry by modifying the oil and gas statutes and by clarifying, reinforcing, or establishing various aspects of 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 act repeal that limitation.

Section 3 directs the air quality control commission to review its rules to consider whether to adopt more stringent 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 act 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 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 the executive directors of the departments of natural resources and public health and environment as ex officio members, 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 soil conservation or reclamation or technical expertise relevant to the issues considered by the commission; one member who is an active agricultural producer or a royalty owner; and one member with training or substantial experience in public health. This version of the commission is repealed on the earlier of July 1, 2020, or the date on which 3 specific rules promulgated by the commission have become effective. On that date, section 9, which creates a professional 5-member commission (along with the 2 ex officio executive directors), becomes effective.

Section 10 requires the director of the commission to hire up to 2 deputy directors. 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 11 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 12 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 12 also specifies that, until the commission has promulgated rules regarding 3 specific topics and the rules have become effective, the director may delay the final determination regarding a permit if the director, following a public comment period, 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 12 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 12 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 12 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 12 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 12 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 weld 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.

Section 13 modifies the commission's administrative procedures, including by taking into account determinations made by administrative law judges.

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 14 requires that the owners of more than 45% 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 14 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 14 raises a nonconsenting owner's royalty rate during this pay-back period from 12.5% to 13% for gas and 16% for oil and makes corresponding reductions of the portions 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 15 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 16 specifies that for permit-specific conditions for wildlife habitat protection, the commission is required to consult with and obtain consent from a surface owner only if the permit-specific conditions directly impact the affected surface owner's property or use of that property.

Section 17 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 protective or stricter than state requirements.

Section 18 appropriates $851,010 to the department of natural resources to implement the act.


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

Status: 4/16/2019 Governor Signed
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:

Paid family and medical leave - study - task force created - appropriation. The act creates a study of the implementation of a paid family and medical leave program in the state by:

  • Requiring the department of labor and employment to contract with experts in the field of paid family and medical leave to report on the establishment of a paid family and medical leave program for employees in the state;
  • Requiring the department to request information from third parties that may be willing to administer all or part of a paid family and medical leave program;
  • Creating the family and medical leave implementation task force, which is responsible for recommending a plan to implement a paid family and medical leave program for the state; and
  • Requiring an actuarial study of the final plan recommended by the task force.

To implement the act, $165,487 is appropriated to the department of labor and employment and $17,004 is appropriated to the department of public health and environment. Both appropriations are from the general fund.


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

Status: 5/30/2019 Governor Signed
Amendments: Amendments

SB19-192 Front Range Waste Diversion Enterprise Grant Program 
Calendar Notification: NOT ON CALENDAR
Short Title: Front Range Waste Diversion Enterprise Grant Program
Sponsors: F. Winter | K. Priola / D. Jackson | L. Cutter
Summary:

Waste diversion - front range waste diversion enterprise created - increased waste diversion goals established - new tipping fee - grant program. Section 1 of the act 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 the fee 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 adjusts the fine amount for littering on public or private property annually, commencing on January 1, 2020, by inflation and credits the increased amount of the 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 amount of the littering fine are repealed, effective September 1, 2029.


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

Status: 5/30/2019 Governor Signed
Amendments: Amendments

SB19-234 Sunset Professional Review Committees 
Calendar Notification: NOT ON CALENDAR
Short Title: Sunset Professional Review Committees
Sponsors: R. Rodriguez | M. Foote / M. Weissman
Summary:

Professional review committees - knowledge of reporting data - requirement to update information - rules - original source documents - committee membership - requirement to notify medical and nursing board - continuation under sunset law. The act implements the recommendations of the department of regulatory agencies' sunset review and report on the functions of professional review committees as follows:

  • Repeals references to the committee on anticompetitive conduct because the committee no longer exists and replaces the term "utilization and quality control peer review organization" with "quality improvement organization" to be consistent with federal law;
  • Clarifies that governing boards reporting data, and the data reported, to the division of professions and occupations in the department of regulatory agencies or a regulatory board may be known to staff of the division;
  • Requires governing boards to annually update their information with the division; and
  • Requires the division to promulgate rules to determine the information a governing board is required to report and to establish a process to remove governing boards from the registry.

The act also:

  • Defines "original source document", exempts such documents from the definition of "records", and specifies when the documents may be subject to subpoena, discovery, or use in a civil action;
  • Encourages each professional review committee of a hospital to appoint a consumer to serve on the committee; and
  • Repeals language requiring, in certain situations, a professional review committee for individuals licensed under the "Colorado Medical Practice Act" or the "Nurse Practice Act" to notify the medical board or nursing board, as applicable.

The automatic termination date of the functions of professional review committees is extended until September 1, 2030, pursuant to the provisions of the sunset law.

Specified provisions of the act are contingent upon House Bill 19-1172 becoming law.


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

Status: 5/16/2019 Governor Signed
Amendments: Amendments

SB19-236 Sunset Public Utilities Commission 
Calendar Notification: Friday, May 3 2019
THIRD READING OF BILLS - FINAL PASSAGE
(4) in house calendar.
Short Title: Sunset Public Utilities Commission
Sponsors: L. Garcia | S. Fenberg / C. Hansen | K. Becker
Summary:

Public utilities commission - continuation under sunset law - distribution system planning - workforce transition planning - clean energy plan - wholesale electric cooperative electric resource plan - vehicle booting regulation - energy impact bonds - rules - appropriation. The act implements the recommendations of the department of regulatory agencies' 2018 sunset review and report on the public utilities commission (commission) by:

  • Authorizing the commission to promulgate rules to delegate routine, administrative transportation matters to staff and clarifying that the commission provides initial review of each case submitted for adjudication and determines whether it wishes to retain the case or to assign it to an administrative law judge or to an individual commissioner;
  • Providing for alternate forms of communication that a public utility may utilize to notify its customers of rate changes, including text message and e-mail, and requiring the public utility to post notice of the rate change on its public website, including a reference to the docket numbers of relevant rules or adjudicatory matters;
  • Transferring the administration of the legal services offset fund from the department of law to the department of regulatory agencies;
  • Making technical changes regarding criminal history record checks and telecommunications;
  • Repealing a requirement that an electric utility, as part of the electric utility's plan for acquisition of renewable resources, purchase a certain amount of energy from community solar gardens in 2011 through 2013, but delaying the repeal until 2043 to keep the legislation in place until contracts entered into pursuant to the requirement have likely all expired;
  • Repealing the requirement that the commission, in considering electric utilities' proposals for generation acquisition, give consideration to proposals to propose, fund, and construct integrated gasification combined cycle generation facilities; and
  • Clarifying that the commission may impose a civil penalty for a violation of railroad crossing safety regulations.

The act also:

  • Directs the commission to promulgate rules to require an investor-owned utility to file with the commission, for the commission's approval, a distribution system plan regarding the utility's anticipated distribution system investments;
  • Requires an investor-owned utility, when submitting a filing to the commission that includes a proposed retirement of an electric generating facility, to include in the filing a workforce transition plan that provides estimates of workforce transitions that will occur as a result of retiring the electric generating facility;
  • Directs the commission to conduct an investigation of financial performance-based incentives and performance-based metric tracking to identify mechanisms for aligning utility operations and investments with various public benefit goals, including safety, cost efficiency, and emissions reduction. The commission must report the findings of its investigation to the general assembly 18 months after the act's passage;
  • Requires the commission to open a nonadjudicatory proceeding to conduct a survey of public utility retail rates and to consider recommendations for providing rate relief in geographic areas with retail rates that are materially greater than the state average;
  • Directs the commission to require a wholesale electric cooperative to submit to the commission an application for approval of an integrated or electric resource plan;
  • Declares the rights of retail electric utility customers to generate, consume, store, and export electricity from eligible energy resources through distributed generation;
  • Requires a qualifying retail utility to submit a plan, and allows any other electric utility to voluntarily submit a plan, to the commission as part of its ongoing resource acquisition planning process to seek approval from the commission on how the qualifying retail utility plans to address clean energy targets established in the act. A utility implementing a clean energy plan may recover its cost of implementation through electricity rates, as approved by the commission.
  • Directs the commission to evaluate the cost of carbon dioxide emissions in certain proceedings related to a public utility subject to the commission's jurisdiction and to promulgate rules to require those public utilities, when submitting filings, to include the cost of carbon dioxide emissions related to the evaluation of electric generation resources. Starting in 2020, the commission is required to establish a base cost of carbon dioxide emissions in an amount not less than $46 and shall modify the cost thereafter based on escalation rates established by a federal interagency working group.
  • Authorizes the commission to regulate vehicle booting companies, which are private entities in the business of immobilizing motor vehicles through use of a boot, through issuance of permits and enforcement mechanisms including inspections, imposition of a civil penalty, and revocation of a permit; and
  • Adopts the "Colorado Energy Impact Bond Act", under which electric utilities may finance the retirement of fossil-fuel-powered generation facilities and the transition to renewable energy sources by issuing low-cost corporate securities. The securities are subject to commission approval and required to have a rating of at least AA or Aa2, must have a scheduled maturity date of 32 years or less, and are repayable through electricity rates as part of the costs of implementing a clean energy plan.

The act continues the functions of the commission for 7 years, until 2026.

$907,566 is appropriated for state fiscal year 2019-20 to the department of regulatory agencies for use by the commission for personal services, operating expenses, and the purchase of legal services. The money is appropriated from the public utilities commission fixed utilities fund. Additionally, $163,820 is appropriated to the department of public health and environment from the general fund.


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

Status: 5/30/2019 Governor Signed
Amendments: Amendments

SB19-239 Address Impacts Of Transportation Changes 
Calendar Notification: NOT ON CALENDAR
Short Title: Address Impacts Of Transportation Changes
Sponsors: F. Winter | J. Bridges / M. Gray | C. Hansen
Summary:

Impacts of new and emerging transportation technologies and business models - stakeholder group examination and policy recommendations report - department of transportation report and recommendations - rules. The act requires the department of transportation (CDOT) to convene and engage in robust consultation with a stakeholder group comprised of representatives of specified industries, workers, governmental entities, planning organizations, and interest groups that will potentially be affected by the adoption of new and emerging transportation technologies and business models. The stakeholder group is required to:

  • Examine the economic, environmental, and transportation system impacts of the adoption of new and emerging transportation technologies and business models;
  • Identify potential means of addressing the impacts that increase positive impacts and mitigate negative impacts; and
  • Present to CDOT, no later than November 1, 2019, a report of policy recommendations regarding the impacts examined and means of addressing those impacts, potentially with funding from the imposition of fees on the use of a motor vehicle used for commercial purposes, as defined by the act. The report must identify potential fees that are structured and reasonably calculated to:
  • Generate sufficient revenue for the state and local governments to mitigate specified impacts to the transportation system;
  • Fund needed transportation infrastructure, including multimodal infrastructure and the infrastructure needed to support the adoption of zero-emissions vehicles;
  • Defray the administrative costs of fee collection;
  • Incentivize the adoption of zero-emissions vehicles for utilization as motor vehicles used for commercial purposes; and
  • Incentivize multiple passenger ride sharing for motor vehicles used for commercial purposes and the use of such vehicles as a first and last mile solution for users of public transit.

The act defines "motor vehicle used for commercial purposes":

  • To include:
  • A motor vehicle that is used to provide passenger transportation services purchased through a transportation network company, a peer-to-peer car sharing company, a car sharing company that does not use a peer-to-peer business model, or a company that provides taxicab service;
  • A motor vehicle that is rented out by a rental car company; and
  • A motor vehicle that is used for residential delivery of goods; and
  • To exclude:
  • A motor vehicle used to deliver goods that is used only to deliver goods:
  • To addresses other than residences; or
  • That are delivered as freight;
  • A motor vehicle that has a gross vehicle weight rating of more than fourteen thousand pounds; or
  • A motor vehicle that is operated for the purpose of transporting passengers:
  • Under a contract with the regional transportation district a regional transportation authority, or any other governmental or public entity; or
  • By a common carrier other than a company that provides taxicab service.

CDOT is required to report on the progress and policy recommendations of the stakeholder group, CDOT's preliminary plans and recommendations regarding the development and promulgation of rules, and any recommendations that CDOT has regarding the need for related legislation during its 2019 annual presentation to legislative oversight committees required by the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act". No later than October 1, 2020, within any statutory parameters established by the general assembly through legislation enacted during the 2020 legislative session, and giving strong consideration to the policy recommendations report provided by the stakeholder group, CDOT is required to promulgate rules to the extent necessary to effectively implement the act. If the general assembly does not impose fees on motor vehicles used for commercial purposes through legislation enacted during the 2020 legislative session and instead enacts legislation that authorizes CDOT or any CDOT enterprise to impose such fees, the rules may impose fees to the extent authorized by the legislation. During the 2020 legislative interim, CDOT must present a final written report regarding the stakeholder group, rule-making processes, and rules promulgated to the transportation legislation review committee.


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

Status: 5/31/2019 Governor Signed
Amendments: Amendments

SB19-243 Prohibit Food Establishments' Use Of Polystyrene 
Calendar Notification: NOT ON CALENDAR
Short Title: Prohibit Food Establishments' Use Of Polystyrene
Sponsors: D. Moreno | M. Foote / L. Cutter | J. Singer
Summary:

Effective January 1, 2024, the bill prohibits a retail food establishment from distributing an expanded polystyrene product for use as a container for off-premises ready-to-eat food in the state. The executive director of the department of public health and environment or the executive director's designee may, through the attorney general, seek injunctive relief against a retail food establishment that violates the prohibition.
(Note: This summary applies to this bill as introduced.)

Status: 4/24/2019 Senate Second Reading Laid Over Daily - No Amendments
Amendments:

SB19-248 State Tax System Working Group 
Calendar Notification: NOT ON CALENDAR
Short Title: State Tax System Working Group
Sponsors: J. Tate | J. Bridges / J. Singer | M. Baisley
Summary:

Legislative services - director of research of the legislative council - state tax system working group - report - appropriation. The director of research of the legislative council, in coordination with the other nonpartisan legislative staff agencies, the department of revenue, the department of personnel, and the governor's office of information technology, is required to convene a state tax system working group (working group) to meet during the interim following the first regular session of the seventy-second general assembly and to conduct an analysis of the state tax system used by the department of revenue.

The working group is authorized to solicit input from any additional interested parties, as deemed necessary and appropriate by the working group. The working group is required to provide a progress report regarding its work to the joint technology committee and the joint budget committee and to submit a report of its findings and recommendations in connection with the state tax system to the joint technology committee, the joint budget committee, and the finance committees of the house of representatives and the senate.

For the 2019-20 state fiscal year, $44,552 is appropriated from the general fund to the legislative department and $30,000 is appropriated from the general fund to the department of revenue for the purposes of the working group.


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

Status: 5/23/2019 Governor Signed
Amendments: Amendments

SB19-250 Limit Tiered Rates Electric Utilities 
Calendar Notification: NOT ON CALENDAR
Short Title: Limit Tiered Rates Electric Utilities
Sponsors: L. Garcia | R. Scott / D. Esgar | J. Rich
Summary:

Current law allows heat, light, gas, water, power, and telephone utilities to establish a graduated scale of charges known as tiered rates. The bill directs the legislative investor-owned utility review interim study committee to study the effects of tiered electric rates and allows the committee to hold 4 meetings during the 2019 interim.


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

Status: 5/3/2019 Introduced In House - Assigned to
Amendments: Amendments

SB19-255 Gallagher Amendment Residential Assessment Rate 
Calendar Notification: NOT ON CALENDAR
Short Title: Gallagher Amendment Residential Assessment Rate
Sponsors: L. Court | J. Tate / L. Herod | D. Esgar
Summary:

Property tax - residential assessment rate. Based on a residential target percentage that is equal to 45.69%, the act lowers the residential assessment rate from 7.2% to 7.15% for property tax years commencing on and after January 1, 2019, until the next property tax year that the general assembly adjusts the rate.
(Note: This summary applies to this bill as enacted.)

Status: 6/3/2019 Governor Signed
Amendments:

SCR19-002 Modifications To Operations Of General Assembly 
Calendar Notification: NOT ON CALENDAR
Short Title: Modifications To Operations Of General Assembly
Sponsors: P. Lundeen / T. Geitner
Summary:

The resolution makes the following changes regarding the operations of the general assembly:

  • Decreases the maximum length of regular sessions of the general assembly from 120 calendar days to 90 calendar days in even-numbered years and 60 calendar days in odd-numbered years;
  • Requires a biennial budget session to be held in every even-numbered year;
  • Limits the number of bills that a member of the general assembly may introduce to 2 bills in any regular session of the general assembly, excluding bills for appropriations and bills recommended by legislative committees;
  • Limits the number of resolutions that a member of the general assembly may introduce to 2 resolutions in any regular session of the general assembly. This includes resolutions, joint resolutions, and concurrent resolutions, but excludes resolutions on the question of adjournment or relating solely to the transaction of business between the 2 houses.
  • Allows both houses of the general assembly to create a restrictive process to authorize an exemption from the specified bill and resolution limits;
  • Beginning with the fiscal year commencing on July 1, 2022, implements a biennial state budget cycle and specifies how the general assembly will apply existing constitutional requirements to the biennial budget process; and
  • Establishes the process for consideration of a general appropriation bill.
    (Note: This summary applies to this concurrent resolution as introduced.)

Status: 4/17/2019 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Amendments:

SCR19-003 Replace Motor Fuel Taxes With Additional Sales Tax 
Calendar Notification: NOT ON CALENDAR
Short Title: Replace Motor Fuel Taxes With Additional Sales Tax
Sponsors: K. Priola / M. Gray
Summary:

If approved by the voters of the state at the November 2020 general election, the concurrent resolution will amend the state constitution to require the general assembly to enact a law that will:

  • Effective July 1, 2021, repeal existing state excise taxes on gasoline and other liquid motor fuel, including diesel, compressed natural gas, liquefied natural gas, and liquefied petroleum gas (motor fuel taxes); except that the law shall not repeal the existing state excise tax on aviation fuel used for aviation purposes;
  • On and after July 1, 2021, levy an additional state sales and use tax (additional sales tax) at a rate calculated to generate the amount of net revenue needed to offset 99% of the state revenue loss resulting from the repeal of the motor fuel taxes for state fiscal year 2021-22; and
  • Require the net revenue generated by the additional sales tax to be credited to the highway users tax fund (HUTF), initially allocated to the state, counties, and municipalities in a manner that preserves existing HUTF allocations as nearly as possible, and used exclusively for the construction, maintenance, and supervision of the surface transportation system of the state.

The concurrent resolution specifies that for purposes of the Taxpayer's Bill of Rights, its approval by the voters of the state constitutes voter approval in advance for the state to levy the additional sales tax and to retain and spend all revenue generated by the additional state sales and use tax during a state fiscal year that exceeds the amount of revenue generated during the 2020-21 state fiscal year by the repealed gasoline and special fuel taxes as a voter-approved revenue change.


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

Status: 4/18/2019 Senate Committee on Transportation & Energy Postpone Indefinitely
Amendments: