City & County of Broomfield

HB20-1006 Early Childhood Mental Health Consultants 
Comment:
Position:
Short Title: Early Childhood Mental Health Consultants
Sponsors: J. McCluskie (D) | E. Sirota (D) / B. Pettersen (D) | T. Story (D)
Summary: Directs CDPHE to design, implement, and operate a statewide program of early childhood mental health program
Status: 1/24/2020 House Committee on Public Health Care & Human Services Refer Amended to Appropriations
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

HB20-1009 Suppressing Court Records Of Eviction Proceedings 
Comment:
Position:
Short Title: Suppressing Court Records Of Eviction Proceedings
Sponsors: D. Jackson (D) / F. Winter (D)
Summary:

The bill requires a court to suppress specifies that court records related to an eviction proceeding or an action for termination of a mobile home park tenancy so that the records are suppressed court records that are not publicly available. If an order granting the plaintiff possession of the premises is entered in the action, the court records are no longer suppressed and the court must lift the suppression order make the records available to the public, unless the parties agree that the records should remain suppressed.

The names of the parties included in a court record that is suppressed may be used by a court for administrative purposes, but the court shall not, for any reason, publish the names of the parties online.

A summons in an eviction proceeding must include a notice concerning suppression of court records related to the action.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 3/20/2020 Governor Signed
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

HB20-1017 Substance Use Disorder Treatment In Criminal Justice System 
Comment: This bill is a part of several over the last few sessions to fight the opioid epidemic
Position:
Short Title: Substance Use Disorder Treatment In Criminal Justice System
Sponsors: L. Herod (D) | C. Kennedy (D) / K. Donovan (D) | K. Priola (R)
Summary:

Opioid and Other Substance Use Disorders Study Committee. The bill requires the department of corrections, local jails, multijurisdictional jails, municipal jails, and state department of human services facilities to make available at least one opioid agonist and one opioid antagonist to a person in custody with an opioid use disorder throughout the duration of the person's incarceration or commitment.

The bill allows a person to dispose of any controlled substances at a safe station and request assistance in gaining access to treatment for a substance use disorder. The bill defines a "safe station" as any municipal police station; county sheriff's office; or municipal, county, or fire protection district fire station.

The bill requires the department of corrections and jails to ensure that continuity of care is provided to inmates prior to release.

The bill requires the executive director of the department of corrections, in consultation with the offices of behavioral health and economic security in the department of human services, the department of health care policy and financing, the department of local affairs, and local service providers to develop resources for inmates post-release that provide information to help prepare inmates for release and reintegration into their communities.

If a person who is the subject of a petition to seal criminal records has entered into or successfully completed a licensed substance use disorder treatment program, the court is required to consider such factor favorably in determining whether to issue the order.

The bill allows the office of behavioral health in the department of human services to contract with cities and counties for the creation, maintenance, or expansion of criminal justice diversion programs. The bill requires the department of human services to include an update regarding the current status of funding and implementation of the criminal justice diversion programs in its annual SMART presentation.

The bill appropriates money to the office of behavioral health in the department of human services for criminal justice diversion programs.


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

Status: 2/12/2020 House Committee on Public Health Care & Human Services Refer Amended to Appropriations
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

HB20-1044 Modify Pension Plans Administered By FPPA Fire And Police Pension Association 
Comment: This will affect Broomfield with an average annual increase to our pension costs of $75,400 each year for eight years and the annual cost after the eight 0.5% increases at a level that would be higher than our current annual cost by $603.300. CML is opposed to this bill unless amended.
Position:
Short Title: Modify Pension Plans Administered By FPPA Fire And Police Pension Association
Sponsors: S. Bird (D) | A. Garnett (D) / L. Garcia (D) | J. Ginal (D)
Summary:

Pension Review Commission. The bill modifies various plans administered by the fire and police pension association (FPPA).

The bill modifies the old-hire pension plans as follows:

State-assisted old hire plans. There are 26 state-assisted old hire police officers' and firefighters' pension plans with 5 or fewer retirees or beneficiaries who are still receiving benefits. Current law states that the amount of annual local government contributions to those plans is an amount that will amortize the unfunded liabilities of the plan over a period not to exceed 20 years or the average remaining life expectancy of the pension fund's members. Section 1 of the bill modifies the method by which the contribution is calculated to more precisely set contribution requirements as the plans' liabilities decrease. The bill allows the FPPA board of directors (board) to consider the following when determining the contribution amount: Stabilizing the amount of the annual required contributions over time; keeping the funded ratio of the pension fund from declining; and reducing or eliminating contributions as may be prudent based on actuarial experience.

The bill modifies the statewide defined benefit plan as follows:

Increase in employee and employer contributions. Current statute specifies that all members covered under the statewide defined benefit plan administered by the FPPA contribute 8% of their salary to the FPPA on a monthly basis. In addition, every employer employing members who are covered by the statewide defined benefit plan administered by the FPPA contributes 8% of the salary paid to such members to the FPPA on a monthly basis.

In 2014, the members and employers of the statewide defined benefit plan authorized a 4% increase in the member contribution rate to be implemented over 8 years with an increase of .5% per year for a total employee contribution rate of 12% of salary. The first .5% increase in the member contribution rate occurred in 2015 and the member contribution rate will continue to increase by .5% each year thereafter through 2022. Sections 2, 3, and 4 of the bill codify the increases in the member contribution rates that are already in effect and make required conforming amendments.

Sections 2, 3, and 4 of the bill increases the employer contribution rate by 4%, to be implemented over 8 years with an increase of .5% a year for a total employer contribution rate of 12% of salary. The bill requires the first .5% increase in the employer contribution rate to occur in 2021, and requires an additional .5% increase each year thereafter through 2028.

Retirement eligibility. Currently, a member of the statewide defined benefit plan may retire with a full retirement benefit if the member has completed at least 25 years of service and is at least 55 years old. A member of the statewide defined benefit plan is eligible for an early retirement with a reduced benefit if the member has either completed at least 30 years of service or is at least 50 years old. Section 2 of the bill would allow a member of the statewide defined benefit plan to retire with an unreduced retirement benefit if the member is at least 50 years old and has a combined age and years of service that is equal to at least 80.

To cover the cost of the new full retirement benefit eligibility, section 2 of the bill increases the employer contribution rate, in addition to all other increases in the employer contribution rate, by 1% of base salary to be implemented over 2 years. In 2021, the bill requires the employer contribution rate to increase by .5% of base salary and in 2022, requires the employer contribution rate to increase by an additional .5% of base salary. The implementation of the increase may be deferred while other increases are being implemented.

Conforming amendment to current plan. Originally, the pension benefit for members of the statewide defined benefit plan was capped at 50% of a member's highest average salary, even when the member earned more than 25 years of service credit. In the 1990s, the cap was eliminated by an amendment to the plan approved by election of the members and employers. Sections 3 and 4 of the bill eliminate the cap to conform to the current plan benefits.

Stabilization reserve account. When the statewide defined benefit plan was initially established, the revenue generated from the 8% member contribution rate and the 8% employer contribution rate was more than necessary to pay the normal costs of the defined benefit plan. Any money in excess of what was necessary to pay the normal costs of the plan was deposited into the stabilization reserve account. The stabilization reserve account consists of separate retirement accounts and upon retirement, members who have satisfied the vesting requirements of the plan are eligible for distributions from the account.

Since the stabilization reserve account was established, benefits allowed under the statewide defined benefit plan have increased to the extent that all of the revenue generated from the member and employer contributions are required to pay the normal costs of the plan and money is no longer deposited into the stabilization reserve account. Sections 3, 5, and 6 of the bill change the nature of the separate retirement accounts in the stabilization reserve account to defined contribution accounts, subject to self direction by the member. In addition, the bill requires the board to transfer the balances of the separate retirement accounts in the stabilization reserve account to defined contribution accounts by a specified date.

Authorization to increase employer contribution rate. Current law authorizes the board to increase the member contribution rate for members in the statewide defined benefit plan. Section 7 of the bill authorizes the board to increase the member and employer contribution rates in equal amounts above the rates established pursuant to law or eliminate an increase in the member and employer contribution rates if certain specified conditions are satisfied, including approval by members and employers at an election proposing such increase or decrease.

Continuing rate of contribution. Pursuant to current law, any county that does not cover, under the federal "Social Security Act", salaried employees whose duties are directly involved with the provision of law enforcement or fire protection may elect coverage under the statewide defined benefit plan and the statewide death and disability plan. Section 9 of the bill specifies that the board may determine a continuing rate of contribution for all members who are active on the effective date of coverage to fund benefits to ensure that the affiliating employers' coverage does not have an adverse financial impact on the actuarial soundness of the plan.

Employers that have withdrawn from the statewide defined benefit plan but later reenter the plan are required to pay a continuing rate of contribution for all members who are active on the effective date of coverage. The continuing rate of contribution is a contribution in addition to the member and employer contribution and accounts for increased costs associated with members employed by employers who reenter the plan. The board established the continuing rate of contribution pursuant to law; however, the rate set by the board was higher than necessary to pay the costs of benefits for impacted members and current law does not authorize the board to decrease the rate. Section 12 of the bill authorizes the board to decrease the continuing rate of contribution when it determines that the rate is higher than what is necessary to pay the costs of the benefits of members who are employees of employers who rejoined the plan.

The bill modifies the death and disability plan as follows:

Costs of death and disability benefits. For members hired on or after January 1, 1997, and who are eligible for death and disability coverage provided by the FPPA, current law requires a contribution to the death and disability account not to exceed 2.4% of the members salary; except that the board is authorized to increase the contribution rate every 2 years by .1%. The current rate is 2.8% of salary. Sections 8, 10, and 11 of the bill increase the maximum contribution rate in 2021 to 3% of salary and authorizes the board to increase the contribution every year by up to .2% of the member's salary.

For members hired before January 1, 1997, the state previously payed the costs for those members' participation in the death and disability plan. In the mid 1990s, the general assembly determined that the costs associated with death and disability benefits should be covered by local governments. The general assembly made a lump-sum payment to cover the costs of participation in the death and disability plan for members hired before January 1, 1997, and implemented the system described above to cover the costs of death and disability benefits for members hired thereafter. The FPPA recently determined that the amount of the lump-sum payment from the state was insufficient to cover the death and disability benefits for members hired before January 1, 1997. Section 11 of the bill requires the general assembly to make an additional lump-sum payment to the FPPA to fund the unfunded liabilities of the death and disability benefits for those members.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


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

Status: 3/23/2020 Sent to the Governor
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

HB20-1047 Develop A Statewide Organics Management Plan 
Comment:
Position: Support
Short Title: Develop A Statewide Organics Management Plan
Sponsors: L. Cutter (D) | M. Froelich (D) / K. Priola (R)
Summary:

Zero Waste and Recycling Interim Study Committee. The bill tasks the executive director of the department of public health and environment (executive director) or the executive director's designee and the commissioner of agriculture (commissioner) or the commissioner's designee with developing an organics management plan (plan) on or before September 1, 2022. The department of public health and environment may incorporate the plan into the department's existing work regarding organics management if its existing work meets the standards established for the organics management plan.

In developing the plan, the executive director and the commissioner are required to study and make recommendations regarding organic waste management practices to encourage compost use on soil to promote carbon storage.

The executive director and the commissioner must also complete 2 statewide surveys as part of the plan, with one survey examining end uses for the major categories of organic waste feedstock generated within the state and the other survey examining existing organic waste generation facilities and processing capacity.

On or before February 1, 2023, the executive director, in collaboration with the commissioner, shall submit a report summarizing the plan to the legislative committees with jurisdiction over energy or agricultural matters.

For the 2020-21 state fiscal year, the bill appropriates $150,000 from the solid waste management fund to the department of public health and environment for use by the solid waste control program to implement the plan.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


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

Status: 3/12/2020 Senate Committee on Agriculture & Natural Resources Refer Unamended to Appropriations
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

HB20-1064 Public Utilities Commission Study Of Community Choice Energy 
Comment:
Position: Support
Short Title: Public Utilities Commission Study Of Community Choice Energy
Sponsors: E. Hooton (D)
Summary:

Investor-owned Utility Review Interim Study Committee. The bill declares that the concept of "community choice energy" (CCE), under which a community may choose to purchase electricity at wholesale through a supplier other than the local investor-owned electric utility, has the potential to enable communities to meet their renewable energy goals and save money without disrupting the local utility's current status as sole supplier of transmission, distribution, and customer service functions. To lay the groundwork for potential adoption of CCE in Colorado, the bill proposes 2 studies:

  • A feasibility study, conducted by an independent energy expert under the guidance of the public utilities commission (PUC), to examine the financial and technical requirements that would need to be met for CCE to be viable and beneficial; and
  • An investigatory proceeding at the PUC, inviting testimony and documentation from persons with firsthand knowledge of utility operations, CCE, or both, including regulators from other states in which CCE has been implemented. The goal of the investigation is to identify best practices and recommend legislative changes that would allow CCE to function well in Colorado if adopted.

The bill directs that reports of the results of the feasibility study and the investigatory docket be given to the legislative committees with jurisdiction over energy matters in late 2020.


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

Status: 2/10/2020 House Committee on Energy & Environment Refer Amended to Appropriations
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

HB20-1081 Multilingual Ballot Access 
Comment: Although Broomfield is not currently at the threshold to require dual ballots, our residents may utilize the on demand language hotline. In addition, we already outreach for our elections in English and Spanish.
Position:
Short Title: Multilingual Ballot Access
Sponsors: Y. Caraveo (D) / J. Gonzales (D)
Summary:

The bill requires the secretary of state (secretary) and county clerk and recorders (county clerk) of certain counties to provide multilingual ballot access.

The secretary is required to establish a multilingual ballot hotline (hotline) to provide access to qualified translators in each of the languages in which the most recent decennial census was offered, to assist electors in translating ballot language. The secretary is required to establish the hotline for use during the general election held in November 2020 November 2022 , and for every general election and statewide odd-year election thereafter. The secretary is also required to:

  • Provide notice of the hotline to electors through election day;
  • Ensure that the translators who provide translations for the multilingual hotline are qualified translators; and
  • Promulgate rules as may be necessary to create and administer the hotline.

The county clerk of any county that satisfies specified criteria is required to create, in coordination with the secretary, a minority language sample ballot (sample ballot) in any minority language spoken in the county that satisfies the following:

  • The minority language is spoken by at least 2,000 citizens in the county age 18 years or older who speak English less than very well and who speak the minority language at home; or
  • The minority language is spoken by at least 2.5% of citizens in the county age 18 years or older who speak English less than very well and who speak the minority language at home.

The bill specifies the information that the county clerk is required to include on the that the sample ballot must include all of the same content that is on the English language ballot as well as and also specifies the format of the sample ballot. In addition, the bill requires that the sample ballots be available for the general election held in November 2020, and for each general election and statewide odd-year election thereafter.

The county clerk of any county that satisfies specified criteria is required to provide, upon the request of an elector, an in-person minority language ballot (in-person ballot) in any minority language spoken in the county that satisfies the same criteria specified for sample ballots. An in-person ballot can be a ballot on demand, a ballot from a printed stock of ballots, or a ballot via an electronic voting device.

The bill specifies the information that the county clerk is required to include on the that the in-person ballot must include all of the same content that is on the English language ballot and specifies that in-person ballots are required to be available for the general election held in November 2022, and for each general election and statewide odd-year election thereafter.

The secretary is required to determine, pursuant to specified criteria, which counties in the state are required to provide multilingual ballot access by creating a sample ballot and providing an in-person ballot, and to notify the county clerk of any county that is required to provide such multilingual ballot access.

The secretary is required to provide each county clerk that is required to provide multilingual ballot access with a translation in the applicable minority language or languages of all federal and statewide candidates for election, all statewide ballot questions, and all statewide questions regarding the retention of judges content that is certified to the county clerks by the secretary of state for use by the county clerk in creating the multilingual ballot access .

For the 2020-21 state fiscal year, $72,112 is appropriated to the department of state from the department of state cash fund for the implementation of the multilingual ballot access requirements.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


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

Status: 3/3/2020 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

HB20-1083 Nursing Home Definition For Residential Property Tax 
Comment:
Position:
Short Title: Nursing Home Definition For Residential Property Tax
Sponsors: T. Kraft-Tharp (D) | K. Van Winkle (R) / C. Holbert (R)
Summary:

According to a memorandum issued by the state's property tax administrator on April 17, 2019, facilities that provide long-term nursing, rest, and assisted living services, where residents reside for more than 30 days, are classified as residential properties. However, facilities that provide short-term convalescent care and rehabilitation services, where patrons visit the facility periodically or temporarily reside there for less than 30 days, are valued and classified according to the procedures for nonresidential property.

The bill defines a nursing home to include, among other things, a nursing home that provides convalescent care and rehabilitation services. The bill specifies that land on which a nursing home is situated and any improvements affixed to that land is classified and assessed as residential real property, regardless of a resident's length of stay.


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

Status: 1/10/2020 Introduced In House - Assigned to Transportation & Local Government
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

HB20-1085 Prevention Of Substance Use Disorders 
Comment:
Position:
Short Title: Prevention Of Substance Use Disorders
Sponsors: C. Kennedy (D) | L. Herod (D) / F. Winter (D) | K. Priola (R)
Summary: Defines required health care coverage and expands non pharmacological alternatives such as physical therapy or acupuncture services .
Status: 2/19/2020 House Committee on Health & Insurance Refer Amended to Appropriations
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

HB20-1086 Insurance Coverage Mental Health Wellness Exam 
Comment:
Position:
Short Title: Insurance Coverage Mental Health Wellness Exam
Sponsors: D. Michaelson Jenet (D) | C. Larson (R) / R. Fields (D)
Summary: Part of a series of bills to increase access to mental health support
Status: 3/11/2020 Senate Committee on Health & Human Services Refer Amended to Appropriations
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

HB20-1089 Employee Protection Lawful Off-duty Activities 
Comment: PI'd
Position:
Short Title: Employee Protection Lawful Off-duty Activities
Sponsors: J. Melton (D)
Summary:

The bill prohibits an employer from terminating an employee for the employee's lawful off-duty activities that are lawful under state law even if those activities are not lawful under federal law.
(Note: This summary applies to this bill as introduced.)

Status: 2/19/2020 House Committee on Business Affairs & Labor Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

HB20-1094 Repeal Fee Cap On-site Wastewater Treatment System 
Comment:
Position:
Short Title: Repeal Fee Cap On-site Wastewater Treatment System
Sponsors: M. Catlin (R) | J. Arndt (D) / J. Ginal (D) | D. Coram (R)
Summary: This bill is a part of a series of legislation to bring fees closer to actual inspection costs.
Status: 3/11/2020 Governor Signed
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

HB20-1095 Local Governments Water Elements In Master Plans 
Comment: We are already in compliance with the bill
Position:
Short Title: Local Governments Water Elements In Master Plans
Sponsors: J. Arndt (D) / J. Bridges (D) | C. Hansen (D)
Summary:

The bill authorizes a local government master plan to include goals specified in the state water plan and to include policies that condition development approvals on implementation of those goals. The bill authorizes the department of local affairs to hire and employ a full-time employee to provide educational resources and assistance to local governments that include water conservation policies in their master plans.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


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

Status: 3/23/2020 Sent to the Governor
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

HB20-1100 Pass-through Child Support Payments 
Comment:
Position:
Short Title: Pass-through Child Support Payments
Sponsors: M. Froelich (D) / L. Crowder (R)
Summary:

The bill allows the department of human services to promulgate rules to make any necessary changes to the relevant human services automated systems to ensure child support payments are not passed through to temporary assistance for needy families recipients if the general assembly appropriates funds insufficient to maintain the program does not appropriate an amount of money that is at least 90% of the total county share of collections passed through to the custodial party after the full federal share is paid .

The bill creates the child support collection fund.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


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

Status: 3/23/2020 Sent to the Governor
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

HB20-1113 Mental Health Educational Resources 
Comment:
Position:
Short Title: Mental Health Educational Resources
Sponsors: B. Titone (D) | L. Landgraf (R)
Summary:

No later than July 1, 2020, the department of human services (department), with assistance from other departments and organizations, shall create and maintain a website that provides internet links to relevant information and resources available to individuals seeking behavioral health care services. The website must include information about the Colorado SEE ME campaign and the national suicide prevention hotline, demographic-specific information about behavioral health care providers available in each geographic region, internet links to each behavioral health care provider's website, and internet links to skilled nursing facilities available in each geographic region.

No later than April 1, 2021, the department shall issue a request for proposal to contract with an organization to develop and distribute community- and demographic-specific targeted messaging related to the website. The messaging must be distributed no later than January 1, 2022.

The bill allows a health care professional who is required to complete continuing competency requirements to take a course in mental health education to satisfy the continuing competency requirements.


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

Status: 2/5/2020 House Committee on Public Health Care & Human Services Refer Amended to Appropriations
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

HB20-1119 State Government Regulation Of Perfluoroalkyl And Polyfluoroalkyl Substances 
Comment:
Position: Support
Short Title: State Government Regulation Of Perfluoroalkyl And Polyfluoroalkyl Substances
Sponsors: T. Exum (D) | L. Landgraf (R) / D. Hisey (R) | P. Lee (D)
Summary:

The bill addresses the authority of the state government to regulate perfluoroalkyl and polyfluoroalkyl substances (PFAS).

Section 1 of the bill addresses when PFAS may be used for firefighting foam system testing both in general and in certain aircraft hangars.

Section 2 grants the department of public health and environment the power to adopt and enforce standards and regulations that require public drinking water systems to sample drinking water supply sources and finished drinking water for PFAS.

Section 3 clarifies that the water quality control commission may??set standards related to PFAS??in?? surface water and groundwater and may require wastewater systems to collect PFAS data relevant to the commission setting PFAS standards.

Section 4 requires the solid and hazardous waste commission to promulgate rules for a certificate of registration for any facility or fire department that possesses PFAS in firefighting agents or firefighting equipment and for standards for the capture and disposal of PFAS in firefighting agents or firefighting equipment.
(Note: This summary applies to this bill as introduced.)

Status: 3/9/2020 House Committee on Energy & Environment Refer Amended to Finance
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

HB20-1121 Retaliation Against An Elected Official 
Comment: PI'd
Position:
Short Title: Retaliation Against An Elected Official
Sponsors: K. Mullica (D) | M. Soper (R)
Summary:

Under current law, there is a crime of retaliation against a judge if an individual makes a credible threat or commits an act of harassment or an act of harm or injury upon a person or property as retaliation or retribution against a judge. The crime is a class 4 felony. The bill adds elected officials and their families to the crime.


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

Status: 1/30/2020 House Committee on Judiciary Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

HB20-1126 Local Control Approvals Oil And Gas Applications 
Comment: This will be PI'd (postponed indefinitely) quickly
Position:
Short Title: Local Control Approvals Oil And Gas Applications
Sponsors: L. Saine (R) | P. Buck (R) / V. Marble (R) | J. Cooke (R)
Summary:

Current law allows the director of the oil and gas conservation commission to delay the final determination regarding an oil and gas permit application pursuant to specified objective criteria. The bill repeals this authority and specifies that if a local government that has so-called "House Bill 1041 authority" approves an oil and gas application, the commission or director shall approve the application for a permit to drill.
(Note: This summary applies to this bill as introduced.)

Status: 3/2/2020 House Committee on Energy & Environment Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

HB20-1132 County Reimbursement For Local Elections Supplies 
Comment:
Position:
Short Title: County Reimbursement For Local Elections Supplies
Sponsors: S. Lontine (D) / S. Fenberg (D)
Summary:

The bill expands the types of election equipment and supplies for which counties can be reimbursed from the local elections assistance cash fund. It also allows counties to be reimbursed for the incremental increase in costs to lease that equipment, in addition to purchases of equipment that are currently eligible for reimbursement.


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

Status: 3/4/2020 Governor Signed
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

HB20-1138 Public Real Property Index 
Comment: Good intentions - finding land for affordable housing. The implementation is difficult as it would require a manual and ongoing upload of information. CML is working with bill sponsors to ease the staff burden of this bill.
Position:
Short Title: Public Real Property Index
Sponsors: J. Coleman (D) | C. Larson (R) / J. Bridges (D) | B. Gardner (R)
Summary:

Not later than December 31, 2020, the bill requires each state agency, state institution of higher education, and political subdivision of the state to submit to the office of the state architect (office) a list of all usable real property owned by or under the control of the agency, institution, or political subdivision of the state. This list must include, if applicable:

  • The address where the real property is located;
  • The size of the real property;
  • How the real property is zoned;
  • Contact information for the state agency, institution, or political subdivision of the state that owns or controls the real property;
  • The plan, if one is available, for the use, development, or sale of the real property; and
  • A description that includes the condition of the real property and a measurement of total area of the real property that is vacant, unused, or underdeveloped.

Not later than December 31 of each subsequent year, each state agency, state institution, and political subdivision of the state must submit to the office any updates to the information the agency, institution, or political subdivision of the state originally submitted to the office about the usable real property the agency, institution, or political subdivision of the state owns or controls.

Beginning July 1, 2021, whenever any state agency, state institution of higher education, or political subdivision of the state plans to offer any usable real property for sale, or otherwise plans to solicit any offer to purchase real property, the agency, institution, or political subdivision of the state shall notify the office.

Not later than July 1, 2021, the office must establish and maintain a current database that includes the information listed above. This database must be available free of charge to the public on the office's website.


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

Status: 2/19/2020 House Committee on Transportation & Local Government Refer Amended to Appropriations
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

HB20-1143 Environmental Justice And Projects Increase Environmental Fines 
Comment:
Position: Support
Short Title: Environmental Justice And Projects Increase Environmental Fines
Sponsors: D. Jackson (D) | S. Gonzales-Gutierrez (D) / F. Winter (D)
Summary:

Current state law sets the maximum civil fine for most air quality violations at $15,000 per day and most water quality violations at $10,000 per day, but federal law allows the federal environmental protection agency to assess a maximum daily fine per violation of $47,357 for these violations. Sections 2 and 4 of the bill raise the maximum fine to $47,357 per day and direct the air quality control commission and the water quality control commission in the department of public health and environment (department) to annually adjust the maximum fine based on changes in the consumer price index.

Current law allocates all water quality fines to the water quality improvement fund; section 4 authorizes the use of money in that fund to pay for projects addressing impacts to environmental justice communities. Section 4 also extends the repeal date for the water quality improvement fund to September 1, 2025.

Current law allocates all air quality fines to the general fund; section 3 allocates them to the newly created community impact cash fund. Section 3 also:

  • Specifies that the department is to use money in the community impact cash fund for environmental mitigation projects (EMPs);
  • Defines an EMP as a project that avoids, minimizes, or mitigates the adverse effects of a violation or alleged violation of the air quality or water quality laws;
  • Creates the environmental justice advisory board to recommend EMPs in response to violations or alleged violations that affect environmental justice communities; and
  • Creates an environmental justice ombudsperson position within the department, who serves as chief staff to the advisory board and advocates for environmental justice communities.

Section 3 also requires the department to post proposed EMPs on the department's website in a format that allows the public to submit comments on the proposed EMP, not approve an EMP until at least 45 days after the EMP has been posted on its website, and include a description of all approved EMPs in its departmental SMART Act presentations.

Section 1 sunsets the advisory board on September 1, 2025.
(Note: This summary applies to this bill as introduced.)

Status: 2/27/2020 House Committee on Finance Refer Amended to Appropriations
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

HB20-1151 Expand Authority For Regional Transportation Improvements 
Comment:
Position: Support
Short Title: Expand Authority For Regional Transportation Improvements
Sponsors: M. Gray (D) / F. Winter (D)
Summary:

The bill authorizes a transportation planning organization (TPO) to exercise the powers of a regional transportation authority (RTA). Among other powers, the powers of a RTA include the power to impose various charges, fees, and, with voter approval, visitor benefit, sales, and use taxes to generate transportation funding. Any additional transportation funding obtained by a TPO exercising the power of a RTA are intended to supplement and not supplant state transportation funding allocated within the boundaries. Therefore, the transportation commission and the department of transportation (CDOT) are prohibited from taking such additional transportation funding into account when determining the amount of state transportation funding to be allocated within the boundaries of a TPO, and CDOT, when submitting its annual proposed budget allocation plan, is required to provide evidence that the proposed allocation of state transportation funding within the boundaries of any TPO that has obtained such additional transportation funding has not been reduced in any way on account of the additional transportation funding.
(Note: This summary applies to this bill as introduced.)

Status: 3/11/2020 House Committee on Transportation & Local Government Refer Amended to Appropriations
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

HB20-1154 Workers' Compensation 
Comment: Under staff consideration
Position:
Short Title: Workers' Compensation
Sponsors: T. Kraft-Tharp (D) | K. Van Winkle (R) / V. Marble (R) | J. Bridges (D)
Summary:

The bill:

  • Clarifies when payments for benefits and penalties payable to an injured worker are deemed paid ( section 1 );
  • Adds guardian and conservator services to the list of medical aid that an employer is required to furnish to an employee who is incapacitated as a result of a work-related injury or occupational disease ( section 2 );
  • Requires a claimant for mileage reimbursement for travel related to obtaining compensable medical care to submit a request to the employer or insurer within 120 days after the expense is incurred and requires the employer or insurer to pay or dispute mileage within 30 days of submittal and to include in the brochure of claimants' rights an explanation of rights to mileage reimbursement and the deadline for filing a request ( sections 2 and 7 );
  • Clarifies that offsets to disability benefits granted by the federal "Old-Age, Survivors, and Disability Insurance Amendments of 1965" only apply if the payments were not already being received by the employee at the time of the work-related injury ( section 3 );
  • Prohibits the reduction of an employee's temporary total disability, temporary partial disability, or medical benefits based on apportionment under any circumstances; limits apportionment of permanent impairment to specific situations; and declares that the employer or insurer bears the burden of proof, by a preponderance of evidence, at a hearing regarding apportionment of permanent impairment or permanent total disability benefits ( section 4 );
  • Adds the conditions that, in order for an employer or insurer to request the selection of an independent medical examiner when an authorized treating physician has not determined that the employee has reached maximum medical improvement (MMI), an examining physician must serve a written report to the authorized treating physician specifying that the examining physician has determined that the employee has reached MMI; the authorized treating physician must examine the employee at least 20 months after the date of the injury and determine that the employee has reached MMI; the authorized treating physician must be served with a written report indicating MMI; and the authorized treating physician has responded that the employee has not reached MMI or has failed to respond within 15 days after service of the report ( section 5 );
  • Changes the whole person impairment rating applicable to an injured worker from 25% to 19% for purposes of determining the maximum amount of combined temporary disability and permanent partial disability payments an injured worker may receive ( section 6 );
  • Prohibits an employer or insurer from withdrawing an admission of liability 2 years after the date the admission of liability on the issue of compensability was filed, except in cases of fraud ( section 7 );
  • Prohibits the director of the division of workers' compensation or an administrative law judge from determining issues of compensability or liability unless specific benefits or penalties are awarded or denied at the same time ( section 8 );
  • Clarifies the scope of authority of prehearing administrative law judges ( section 9 );
  • Increases the threshold amount that an injured worker must earn in order for permanent total disability payments to cease and allows for annual adjustment of the threshold amount starting in 2021 ( section 11 ); and
  • Clarifies the orders that are subject to review or appeal ( sections 10 and 12 ).
    (Note: This summary applies to this bill as introduced.)

Status: 2/12/2020 House Committee on Business Affairs & Labor Refer Unamended to Appropriations
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

HB20-1155 Higher Efficiency New Construction Residence 
Comment:
Position:
Short Title: Higher Efficiency New Construction Residence
Sponsors: A. Valdez (D) | M. Weissman (D) / C. Hansen (D) | K. Priola (R)
Summary:

Current law requires a home builder to offer to a buyer of a new home one of the following:

  • A solar panel system or a solar thermal system;
  • To prewire or preplumb the home for these systems; or
  • A chase or conduit to wire or plumb the home for these systems in the future.

Section 1 of the bill changes this to require that the home builder offer each of these options.

Section 2 requires a home builder to offer one of the following options to a buyer of a newly constructed residence:

  • An electric vehicle charging system;
  • Upgrades of wiring to accommodate future installation of an electric vehicle charging system; or
  • A 208- to 240-volt alternating current plug-in located in a place accessible to a motor vehicle parking area.

Section 2 also requires the home builder to offer electric heating options. These requirements apply to both traditional detached, single-family homes. and buildings that contain owner-occupied condominium units.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


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

Status: 3/13/2020 House Considered Senate Amendments - Result was to Not Concur - Request Conference Committee
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee: CONFERENCE COMMITTEES TO REPORT

HB20-1156 CO Colorado Municipal Election Code Administrative Modifications 
Comment: A clean up bill - our elections operations are able to comply with the changes
Position:
Short Title: CO Colorado Municipal Election Code Administrative Modifications
Sponsors: M. Froelich (D) | H. McKean (R) / R. Zenzinger (D) | D. Hisey (R)
Summary:

The "Colorado Municipal Election Code of 1965" (code) specifies procedures that municipal clerks are required to use when mailing ballots to voters who are covered by the federal "Uniformed and Overseas Citizens Absentee Voting Act" (UOCAVA). The code specifies that standard voting materials for the purposes of UOCAVA includes a declaration prescribed to accompany a federal absentee write-in ballot. However, the municipal clerks are unable to use that declaration. The bill repeals this requirement. The code also specifies that, to be valid, an active military or overseas voter must complete a signed affirmation required by federal law. The bill specifies the language required to be included in the affirmation.

The code currently requires all paper ballots, including mail ballots, to include a ballot stub and a duplicate stub on the top portion of the ballot. This requirement is unnecessary for mail ballots, as municipalities have other ballot verification methods. The bill specifies that mail ballots are not required to include a stub and a duplicate stub.

The bill also amends several provisions in the code regarding mail ballot elections to be consistent with other general provisions in the code regarding municipal elections. Specifically:

  • The provision in the code that requires nomination petitions in mail ballot elections to be corrected no later than 66 days before the election is amended to be consistent with the general provision that specifies such petitions must be amended prior to 63 days before the election;
  • The provision in the code that requires a withdrawal affidavit for a mail ballot election to be filed by the close of business on the 63rd day prior to the election is amended to be consistent with the general provision that specifies such withdrawals must occur prior to 63 days before the election; and
  • The wording of the self-affirmation that is required to appear on the envelope for a mail ballot is amended to be consistent with the wording of the self-affirmation that is required to appear on the envelope for an absentee ballot.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 3/16/2020 Sent to the Governor
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

HB20-1162 Prohibit Food Establishments' Use Of Polystyrene 
Comment:
Position:
Short Title: Prohibit Food Establishments' Use Of Polystyrene
Sponsors: L. Cutter (D) | J. Singer (D) / M. Foote (D) | T. Story (D)
Summary:

Effective January 1, 2022, the bill prohibits a retail food establishment from distributing an expanded polystyrene product for use as a container for ready-to-eat food in this 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: 3/13/2020 House Committee on Appropriations Refer Unamended to House Committee of the Whole
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

HB20-1163 Management Of Single-use Products 
Comment:
Position:
Short Title: Management Of Single-use Products
Sponsors: A. Valdez (D) | E. Sirota (D) / J. Gonzales (D)
Summary:

The bill prohibits stores and retail food establishments, on and after July 1, 2021, from providing single-use plastic carryout bags, single-use plastic stirrers, single-use plastic straws, and expanded polystyrene food service products (collectively "single-use products") to customers at the point of sale. The executive director of the department of public health and environment is authorized to enforce the prohibition. The prohibition does not apply to inventory purchased before July 1, 2021, and used on or before December 31, 2021.

A store or retail food establishment, on or after July 1, 2021, may furnish recyclable paper carryout bags to a customer at a charge of at least 10 cents per customer, which amount the store or establishment may retain in full, unless a local government's ordinance or resolution prohibits the store or establishment from retaining the full charge.

A local government, on or after July 1, 2021, is preempted from enacting an ordinance, resolution, rule, or charter provision that is less stringent than the statewide prohibition.


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

Status: 3/14/2020 House Second Reading Laid Over to 03/30/2020 - No Amendments
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

HB20-1193 Income Tax Benefits For Family Leave 
Comment:
Position:
Short Title: Income Tax Benefits For Family Leave
Sponsors: L. Landgraf (R) | K. Van Winkle (R)
Summary:

The bill creates tax incentives to encourage employers to voluntarily support paid parental and medical leave programs for their eligible employees and to encourage eligible employees to save for time away from work during parental and medical leave.

Specifically, section 2 of the bill establishes leave savings accounts. A leave savings account is an account with a financial institution for which the individual uses money to pay for any expense while he or she is on eligible leave, which includes:

  • The birth of a child of the individual and caring for the child;
  • The placement of a child with the individual for adoption or foster care;
  • Caring for a spouse, child, or parent of the individual if the spouse, child, or parent has a serious health condition;
  • A serious health condition that makes the individual unable to perform the functions of the position of the individual;
  • Time for an individual to care for himself or herself or to care for a parent or child after being a victim of domestic abuse; or
  • Any qualifying exigency, as determined by the United States secretary of labor, arising out of the fact that a spouse, child, or parent of the individual is on covered active duty, or has been notified of an impending call or order to covered active duty, in the United States armed forces.

An individual may annually contribute up to $5,000 of wages to a leave savings account. An employer may make a contribution to the employee's leave savings account in any amount. The department of health care policy and financing is required to establish a form for an individual to report information regarding leave savings accounts, and the individual must annually file this form with the department of revenue to be eligible for the tax benefit.

Section 3 allows an employee to claim a state income tax deduction for amounts they or their employer contribute to a leave savings account. A taxpayer is also allowed to deduct any interest or other income earned during the taxable year on the investment of money in their leave savings account.

Section 4 creates an income tax credit for an employer that pays an employee for leave that is between 8 and 12 weeks long. The leave must be for one of the same reasons for which an employee may use money in a leave savings account as specified above. The amount of the credit is equal to 15% of the amount paid, so long as the amount paid is at least 50% of the employee's regular salary for a specified time period.

Section 4 also creates an income tax credit for an employer that contributes to an employee's leave savings account. The amount of the credit is equal to 15% of the amount contributed to the account; except that a credit is not allowed for contributions to a leave savings account that exceed $3,000 in a single year.

Both credits are not refundable, but they may be carried forward up to 5 years.

The bill also specifies that for employers, an amount equal to the amount the taxpayer contributed to an employee's leave savings account and an amount equal to the amount the taxpayer paid in wages for an employee while on family leave, to the extent an income tax credit is claimed, will be added to the taxpayer's federal taxable income.


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

Status: 1/30/2020 Introduced In House - Assigned to Finance + Appropriations
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

HB20-1196 Mobile Home Park Act Updates 
Comment:
Position: Support
Short Title: Mobile Home Park Act Updates
Sponsors: E. Hooton (D) | J. McCluskie (D) / S. Fenberg (D) | P. Lee (D)
Summary:

Section 1 of the bill defines new terms for the purposes of the "Mobile Home Park Act" (Act) and the "Mobile Home Park Act Dispute Resolution and Enforcement Program" (program). Section 1 also relocates, with amendments, the definition of "entry fee" to the Act's definitions section.

Section 2 clarifies provisions relating to notices that the management of a mobile home park (management) is required to provide to home owners of the mobile home park (home owners) when the management intends to terminate a home owner's tenancy in the mobile home park (park). Section 2 also states that a home owner has 90 days to cure certain instances of noncompliance and that this 90-day period to cure runs concurrently with the 90-day period to sell the mobile home or remove it from the premises.

Section 3 restates, with amendments, the permissible reasons for which the management may terminate a home owner's tenancy and the notice requirements associated with a termination.

Section 4 states that a notice to quit tenancy and a notice of nonpayment of rent must include language notifying a home owner of the home owner's right to file a complaint through the program.

Section 5 replaces a gender-specific pronoun with gender-neutral language and relocates, with amendments, certain existing language concerning the administration of security deposits by landlords.

Section 6 repeals the definition of "entry fee" from its current location in statute.

Sections 7, 8, and 9 replace gender-specific pronouns with gender-neutral language.

Section 10 clarifies management's duties concerning maintenance and repair of a park; creates new duties relating to the maintenance and repair of water lines, sewage, and other utilities; and replaces a gender-specific pronoun with gender-neutral language.

Section 11 requires management to annually provide certain information concerning water usage and billing to home owners and to post the information in a clearly visible location in at least one common area of the park. The management must provide each home owner a monthly water bill showing the amount owed by the home owner, the total amount owed by all the home owners in the park, the methodologies used to determine the amount billed to each home owner, and, if the management purchases the water from a provider, the total amount paid by the management to the provider.

Section 11 also prohibits management from taking retaliatory action against a home owner who exercises any right conferred upon the home owner by law. The bill states that certain actions by management are presumed to be retaliatory and that management may rebut a presumption of retaliation with sufficient evidence of a nonretaliatory purpose.

Section 12 relocates existing language prohibiting a rental agreement from including certain provisions and adds new prohibited provisions.

Section 13 adds provisions and relocates, with amendments, existing provisions concerning the amending of park rules and regulations. The bill states that management may add or amend rules and regulations only after acquiring the consent of each home owner or after providing written notice of the amendment to each home owner at least 60 days before the amendment becomes effective. A home owner may file a complaint challenging a rule, regulation, or amendment pursuant to the program within 60 days after receiving the notice. If a home owner files a complaint, and the new or amended rule or regulation will increase a cost to the home owner in an amount equal to or exceeding 10% of the home owner's monthly rent obligation under the rental agreement, management shall not enforce the rule, regulation, or amendment unless and until the parties reach an agreement concerning the rule, regulation, or amendment or the dispute resolution process concludes with a written determination that the rule, regulation, or amendment may be enforced.

Section 14 requires management to respect the privacy of home owners. The management has a right of entry to the land upon which a mobile home is situated for the maintenance of utilities and to ensure compliance with applicable codes, statutes, ordinances, administrative rules, rental agreements, and the rules of the community. A landlord shall not make entry in a manner that interferes with a home owner's peaceful enjoyment of the land except in the case of an emergency. Except when posting notices that are required by law or by a rental agreement, the management shall make a reasonable effort to notify a home owner of management's intention to make entry at least 48 hours before making entry.

Section 15 clarifies that a landlord may not take any retaliatory actions against a home owner and removes language concerning a home owner's expressed intent in filing a complaint under the program.

Sections 16 to 22 make conforming amendments.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


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

Status: 3/10/2020 Introduced In Senate - Assigned to Judiciary
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

HB20-1201 Mobile Home Park Residents Opportunity To Purchase 
Comment:
Position: Support
Short Title: Mobile Home Park Residents Opportunity To Purchase
Sponsors: E. Hooton (D) | S. Gonzales-Gutierrez (D) / D. Moreno (D) | J. Ginal (D)
Summary:

The bill gives home owners in a mobile home park the opportunity to make an offer to buy the park if the landlord anticipates selling it or changing the use of the land. A landlord must give notice of a pending sale to the home owners, the applicable municipality or county, the division of housing in the department of local affairs, and each home owners' association, residents' association, or similar body that represents the residents of the park. The home owners then have 90 days to make an offer to purchase and arrange financing if necessary. A purchase may be made by an association representing at least 51% of the home owners. The landlord may request that information relating to any pending offer be kept confidential and, if the landlord so requests, the association is required to do so.

If a sale of a mobile home park occurs and the home owners are not the buyers, the landlord must send the municipality or county and the division of housing an affidavit of compliance with the requirements of the bill.

The notice and purchase-option provisions do not apply if the proposed sale is to a family member of the landlord, another closely affiliated person or entity , or to someone who is already a cotenant of the property or if a transfer occurs due to inheritance or eminent domain.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


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

Status: 3/5/2020 Introduced In Senate - Assigned to Local Government
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

HB20-1233 Basic Life Functions In Public Spaces 
Comment:
Position:
Short Title: Basic Life Functions In Public Spaces
Sponsors: J. Melton (D) | A. Benavidez (D)
Summary:

The bill prohibits the state and any city, county, city and county, municipality, or other political subdivision (government entity) from restricting any person from:

  • Conducting basic life functions in a public space unless the government entity can offer alternative adequate shelter to the person and the person denies the alternative adequate shelter; and
  • Occupying a motor vehicle, provided that the motor vehicle is legally parked on public property or parked on private property with the permission of the property owner.
    (Note: This summary applies to this bill as introduced.)

Status: 2/26/2020 House Committee on Transportation & Local Government Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

HB20-1265 Increase Public Protection Air Toxics Emissions 
Comment:
Position: Support
Short Title: Increase Public Protection Air Toxics Emissions
Sponsors: A. Benavidez (D) | A. Valdez (D) / J. Gonzales (D) | D. Moreno (D)
Summary:

The bill creates a new program to regulate emissions of a subset of hazardous air pollutants, referred to as "covered air toxics", which are defined as hydrogen cyanide, hydrogen fluoride, hydrogen sulfide, benzene, and other hazardous air pollutants specified by the air quality control commission by rule. A stationary source of air pollutants that reported in its federal toxics release inventory filing at least one of the following amounts of a covered air toxic in one year is defined as a "covered facility":

  • For hydrogen cyanide, 10,000 pounds;
  • For hydrogen fluoride, 10,000 pounds;
  • For hydrogen sulfide, 5,000 pounds; and
  • For benzene, 1,000 pounds.

At least every 5 years beginning in 2026, the commission will review the best available science and adjust, as necessary to protect public health, the list of covered air toxics and their associated emission levels. The commission will:

  • Regulate covered air toxics more strictly than is required by the federal clean air act;
  • Require covered facilities to monitor their emissions of covered air toxics;
  • Set health-based emission limits for covered air toxics if no such limit exists under state or federal law; and
  • Establish a real-time community alert system for "incidents", which are unauthorized emissions of an air pollutant from a covered facility.

The division of administration in the department of public health and environment will:

  • Consider and prevent adverse cumulative impacts from covered facilities' emissions of hazardous air pollutants when processing air pollution permits for covered facilities that are located in or near disproportionately impacted communities, as determined by the commission by rule;
  • Approve a new or amended permit for a covered facility only if there is no net increase in the adverse cumulative impacts of hazardous air pollutant emissions above existing levels in each disproportionately impacted community affected by the emissions; and
  • If existing emissions of hazardous air pollutants exceed the health-based emission limits or have unacceptable adverse cumulative impacts on any disproportionately impacted community, require a decrease or cessation in the applicable emissions over the shortest practicable time until the emissions comply with the health-based emission limits and no longer have unacceptable adverse cumulative impacts on any disproportionately impacted community.

Covered facilities will:

  • Monitor their covered air toxics emissions and make the monitoring data widely available, including to the public; and
  • Promptly disseminate information regarding an incident pursuant to the commission's real-time community alert system to the public, affected local governments and other community entities, and local emergency planning and response organizations.

The bill specifies violations for a covered facility that is covered by specified federal regulations based on the unauthorized emission of an air pollutant from a flare or pressure relief device and any uncontrolled atmospheric release of an air pollutant from an organic hazardous air pollutant pressure relief device. The commission will review its rules for these facilities and specifically consider adopting more stringent provisions, including:

  • A requirement that leak detection and repair inspections occur at these facilities on, at a minimum, a semiannual basis or that an alternative approved instrument monitoring method is in place pursuant to existing rules; and
  • Reductions in fugitive emissions from equipment leaks and wastewater at these facilities.
    (Note: This summary applies to this bill as introduced.)

Status: 3/9/2020 House Committee on Energy & Environment Refer Amended to Finance
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

HB20-1284 Secure Transportation Behavioral Health Crisis 
Comment:
Position:
Short Title: Secure Transportation Behavioral Health Crisis
Sponsors: T. Kraft-Tharp (D) | J. McCluskie (D) / J. Bridges (D) | J. Smallwood (R)
Summary:

The bill creates a regulatory and service system to provide secure transportation services, with different requirements than traditional ambulance services, for individuals experiencing a behavioral health crisis. Mobile crisis services, units linked to the walk-in crisis services, and crisis respite services may arrange for secure transportation in response to a behavioral health crisis. The department of human services shall allow for the development of secure transportation alternatives.

The board of county commissioners of the county in which the secure transportation service is based (commissioners) shall issue a license to an entity (licensee), valid for one year, that provides secure transportation services if the minimum requirements set by rule by the state board of health are met or exceeded. The commissioners shall also issue operating permits, valid for 12 months following issuance, to each vehicle operated by the licensee. A fee may be charged for each license to reflect the direct and indirect costs to the applicable county in implementing secure transportation services licensure. The state board of health is given authority to promulgate rules concerning secure transportation licensure.

The department of health care policy and financing is directed to create and implement a secure transportation benefit on or before January 1, 2022.

Language is added to exempt secure transportation services from regulation under the public utilities commission.


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

Status: 2/28/2020 House Committee on Public Health Care & Human Services Refer Amended to Appropriations
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

HB20-1293 Emergency Telephone Service Charges 
Comment:
Position:
Short Title: Emergency Telephone Service Charges
Sponsors: J. McCluskie (D) | R. Pelton (R) / D. Coram (R) | J. Gonzales (D)
Summary:

The bill amends the requirements for the imposition, collection, and uses of the emergency telephone charge imposed by local 911 governing bodies. Current law imposes a statutory cap on the amount of the emergency telephone charge that may be imposed by local governing bodies. The bill allows the public utilities commission (commission) to establish the authorized threshold amount for the charge on an annual basis. A local governing body may impose the charge in an amount up to the authorized threshold. If a governing body determines it needs to impose a higher charge to fund 911 operations in its jurisdiction, it must seek the approval of the commission.

The bill amends the procedures for the collection and remittance of the emergency telephone charge by telecommunication service suppliers. It provides procedures for local bodies to assess overdue or unpaid remittances, imposes a time limitation for local governing bodies to do so, and creates a process for the service supplier and local governing body to extend that time period. Local governing bodies may audit the collections of service suppliers, and may impose interest and penalties on late remittances.

A new 911 surcharge (surcharge) is established as a collection for local governing bodies. The amount of the surcharge is established each year by the commission based on the needs of the local governing bodies. Service suppliers must collect the surcharge from service users and remit the money to the commission. The commission is required to transmit the money collected to local governing bodies within 60 days, using a formula based on the number of concurrent sessions maintained in the governing bodies' jurisdictions.

The bill renames the prepaid wireless 911 charge and amends the amount of the charge. Under current law, the amount is set in statute. The bill requires the commission to establish the amount of the charge based on the average amount of the emergency telephone charges imposed by local governing bodies and the amount of the surcharge.

The bill amends the allowed uses of the money collected from the 3 charges and makes other conforming amendments.

Upgrades to wireless 911 service in unserved areas is added as an allowable use of the money allocated from the high cost support mechanism to broadband deployment. The broadband deployment board may award money to projects to allow wireless carriers to upgrade infrastructure, software, and technology to provide wireless 911 service in unserved areas.


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

Status: 3/12/2020 House Committee on Finance Refer Amended to Appropriations
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

HB20-1294 Replace Illegal Alien With Undocumented Immigrant 
Comment:
Position:
Short Title: Replace Illegal Alien With Undocumented Immigrant
Sponsors: S. Lontine (D) / J. Gonzales (D)
Summary:

The bill replaces the term "illegal alien" with "undocumented immigrant" "unauthorized worker" as it relates to public contracts for services.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


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

Status: 3/10/2020 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

HB20-1308 Nonsubstantive Emails And Open Meetings Law 
Comment:
Position:
Short Title: Nonsubstantive Emails And Open Meetings Law
Sponsors: J. Arndt (D) / J. Ginal (D)
Summary:

Under current provisions of the Open Meetings Law (OML), if elected officials use electronic mail to discuss pending legislation or other public business among themselves, the electronic mail constitutes a meeting that is subject to the OML's requirements. The bill substitutes the word "exchange" for the word "use" in describing the type of electronic mail communication that triggers the application of the OML.

The bill clarifies existing statutory provisions to specify that electronic mail communication between elected officials that does not relate to the merits or substance of pending legislation or other public business is not a meeting for OML purposes. Under the bill, the type of electronic communication that also does not constitute a meeting for OML purposes includes electronic communication regarding scheduling and availability as well as electronic communication that is sent by an elected official for the purpose of forwarding information, responding to an inquiry from an individual who is not a member of the state or local public body, or posing a question for later discussion by the public body.


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

Status: 3/14/2020 House Second Reading Laid Over to 03/30/2020 - No Amendments
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

HB20-1315 Carpooling Service Internet Application Register Colorado Department Of Transportation 
Comment:
Position:
Short Title: Carpooling Service Internet Application Register Colorado Department Of Transportation
Sponsors: J. McCluskie (D) | P. Will (R) / K. Donovan (D) | D. Hisey (R)
Summary:

The bill requires the owner or operator of a carpooling service internet application (internet application) to register annually with the department of transportation and disclose to users of the internet application that operational requirements for other transportation services are not being met by the carpooling services provided by drivers matched to users through the internet application. The bill also limits the amount that can be charged to a user through the internet application, the number of passengers that can receive carpooling service at any one time from a driver through the internet application, and the number of round trips that a driver providing carpooling service through the internet application may make in a single day.
(Note: This summary applies to this bill as introduced.)

Status: 3/11/2020 House Committee on Transportation & Local Government Refer Amended to House Committee of the Whole
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

HB20-1318 Standards For Recording Plats 
Comment:
Position:
Short Title: Standards For Recording Plats
Sponsors: S. Bird (D) | P. Will (R) / F. Winter (D)
Summary:

The bill allows county clerk and recorders to receive and preserve original plats for recording in an electronic format.

The bill also specifies the conditions for properly submitting plats to county clerk and recorders in both electronic and original formats.


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

Status: 3/14/2020 House Second Reading Laid Over to 03/30/2020 - No Amendments
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

HB20-1319 Prohibit Sale Of Flavored Nicotine Products 
Comment:
Position:
Short Title: Prohibit Sale Of Flavored Nicotine Products
Sponsors: Y. Caraveo (D) | K. Becker (D) / R. Fields (D) | K. Priola (R)
Summary:

On and after September 1, 2020, the bill prohibits the sale of flavored cigarettes, tobacco products, and nicotine products, including flavored electronic cigarettes, and products intended to be added to cigarettes, tobacco products, or nicotine products to produce a flavor other than tobacco.


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

Status: 3/14/2020 House Second Reading Laid Over to 03/30/2020 - No Amendments
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

HB20-1342 Property Tax Valuation Appeals 
Comment:
Position:
Short Title: Property Tax Valuation Appeals
Sponsors: M. Gray (D) | C. Larson (R)
Summary:

Sections 1 and 2 of the bill establish authority for the board of assessment appeals to refer a matter before it to a hearing officer for an expedited hearing, upon the request of a taxpayer in certain circumstances. There are deadlines for requesting and conducting the hearing and for the hearing officer to make his or her order. The procedure for the hearing is similar to those hearings conducted before the board. If unchanged by the board of assessment appeals, a hearing officer's order is appealable in the same manner as an order issued by the board.

Section 3 creates the property tax valuation protest deadline task force. The task force consists of 7 members: The property tax administrator or the administrator's designee and 6 members appointed by the governor. The task force meets over one year and is required to consider and make recommendations to legislative committees to extend the taxpayer's deadline to protest a property tax valuation and to adjust other related deadlines.

Under current law, an assessor may, with the permission of the board of county commissioners, include an estimate of property taxes owed in a notice of valuation. Section 4 requires an assessor to include this estimate and allows the assessor to include a range of values.

If in the consideration of a protest an assessor finds that he or she made a systematic error and the valuations of other similar properties are incorrect, section 5 requires the assessor to correct the error for the other similar properties.
(Note: This summary applies to this bill as introduced.)

Status: 3/3/2020 Introduced In House - Assigned to Business Affairs & Labor
Fiscal Notes:
Cal. Notif. Committee:

HB20-1351 Local Government Authority Promote Affordable Housing Units 
Comment:
Position:
Short Title: Local Government Authority Promote Affordable Housing Units
Sponsors: S. Lontine (D) | S. Gonzales-Gutierrez (D) / J. Gonzales (D) | R. Rodriguez (D)
Summary:

The bill clarifies that the existing authority of cities and counties (local governments) to plan for and regulate the use of land includes the authority to regulate development or redevelopment in order to promote the construction of new affordable housing units. The provisions of the state's rent control statute do not apply to any land use regulation that restricts rents on newly constructed or redeveloped housing units as long as the regulation provides a choice of options to the property owner or land developer and creates one or more alternatives to the construction of new affordable housing units on the building site.
(Note: This summary applies to this bill as introduced.)

Status: 3/6/2020 Introduced In House - Assigned to Transportation & Local Government
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

SB20-010 Repeal Ban On Local Goverment Regulation Of Plastics 
Comment: PI'd
Position:
Short Title: Repeal Ban On Local Goverment Regulation Of Plastics
Sponsors: K. Donovan (D) / M. Froelich (D) | A. Valdez (D)
Summary: Permission for local government to create ordinances to restrict or ban the use or sale of specific types of plastic materials
Status: 2/4/2020 Senate Committee on Local Government Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

SB20-020 Reduce The State Income Tax Rate 
Comment: PI'd
Position:
Short Title: Reduce The State Income Tax Rate
Sponsors: J. Sonnenberg (R) / R. Pelton (R) | R. Holtorf (R)
Summary: Reduces both the individual and the corporate state income tax rate from 4.63% to 4.49%;
Status: 1/22/2020 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

SB20-023 Colorado Working Group On School Safety 
Comment:
Position:
Short Title: Colorado Working Group On School Safety
Sponsors: B. Gardner (R) | J. Gonzales (D) / D. Michaelson Jenet (D) | K. Van Winkle (R)
Summary: Creates a working group on school safety to study and implement measures from lock down drills to improved communication.
Status: 3/11/2020 Introduced In House - Assigned to Education
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

SB20-028 Substance Use Disorder Recovery 
Comment:
Position:
Short Title: Substance Use Disorder Recovery
Sponsors: B. Pettersen (D) | K. Priola (R) / B. Buentello (D) | L. Herod (D)
Summary: Annually appropriates $2 million to the state behavioral health and $250,000 to labor departments.
Status: 1/30/2020 Senate Committee on Health & Human Services Refer Amended to Appropriations
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

SB20-033 Allow Medicaid Buy-in Program After Age 65 
Comment:
Position:
Short Title: Allow Medicaid Buy-in Program After Age 65
Sponsors: J. Tate (R) | R. Fields (D) / S. Lontine (D)
Summary:

The bill authorizes working adults with disabilities who are over 65 years of age to continue participating in the existing medicaid buy-in program as a state-funded program, without federal matching money, if, in part, the working adult:

  • Is enrolled in or has applied for medicare;
  • Is eligible for and receiving long-term care home- and community-based services or durable medical equipment as part of complex rehabilitative services or has extraordinary medical expenses, as determined by rule of the state board, that are not covered by medicare;
  • Except as specified in the bill, was continuously enrolled in and receiving services through the medicaid buy-in program for at least one year immediately prior to attaining 65 years of age; and
  • Continues to meet the work requirements for the medicaid buy-in program.
    (Note: This summary applies to this bill as introduced.)

Status: 3/11/2020 Introduced In House - Assigned to Public Health Care & Human Services
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

SB20-044 Sales And Use Tax Revenue For Transportation 
Comment: PI'd
Position:
Short Title: Sales And Use Tax Revenue For Transportation
Sponsors: P. Lundeen (R) / T. Carver (R)
Summary: 10% of sales and use tax would be allocated to transportation distributed through HUTV.
Status: 1/29/2020 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

SB20-051 License Plate Expiration On Change Of Ownership 
Comment: Broomfield is able to comply with this legislation
Position:
Short Title: License Plate Expiration On Change Of Ownership
Sponsors: K. Priola (R) / A. Valdez (D)
Summary: Requires new license plates with the sale of vehicles
Status: 3/13/2020 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

SB20-055 Incentivize Development Recycling End Markets 
Comment:
Position: Support
Short Title: Incentivize Development Recycling End Markets
Sponsors: K. Priola (R) | T. Story (D) / L. Cutter (D) | J. Arndt (D)
Summary:

Zero Waste and Recycling Interim Study Committee. Section 1 of the bill directs the pollution prevention advisory board (board) within the department of public health and environment (department) to recommend to the department a structure and governing guidance for a recycling market development center to support the development of end-market businesses within the state. Section 1 also directs the department to conduct a literature review of what industry and other states are doing around the country regarding producer responsibility and to create policy and legislative recommendations regarding the feasibility of requiring producers to design, manage, and finance programs for end-of-life management of their products and packaging as a condition of sale.

Sections 3, 4, and 5 allow the board to use the recycling resources economic opportunity fund and the front range waste diversion cash fund to reimburse eligible recycling businesses for locally assessed personal property taxes paid in the current tax year in this state on personal property. Section 2 directs the board to establish a formula that it would use in awarding personal property tax reimbursements.

Section 6 requires the department, on and after October 1, 2020, to administer a statewide campaign to educate Colorado residents concerning recycling. The department shall ensure the campaign includes:

  • Communications delivered via social media;
  • Television and radio public service announcements; and
  • The placement of written materials in public locations, such as community centers, recreation centers, and shopping centers.

In administering the campaign, the department shall consult with municipal governments, county governments, and private agencies that operate recycling programs. The department may contract with one or more public or private entities for the preparation of materials to be used in the campaign. The requirement is repealed, effective September 1, 2021.


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

Status: 3/13/2020 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

SB20-061 Yield To Bicycles In Bicycle Lanes 
Comment:
Position:
Short Title: Yield To Bicycles In Bicycle Lanes
Sponsors: M. Foote (D) / K. Becker (D)
Summary: The bill creates a new traffic offense for failing to yield to a bicycle in a bicycle lane
Status: 3/14/2020 Signed by the President of the Senate
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

SB20-065 Limit Mobile Electronic Devices While Driving 
Comment:
Position:
Short Title: Limit Mobile Electronic Devices While Driving
Sponsors: C. Hansen (D) / D. Roberts (D)
Summary: 2nd attempt from Senator Court to limit distracted driving by limiting the use of cell phones while driving.
Status: 3/2/2020 Introduced In House - Assigned to Transportation & Local Government + Judiciary
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee: Transportation & Local Government

SB20-078 Dogs On Restaurant Patios 
Comment:
Position:
Short Title: Dogs On Restaurant Patios
Sponsors: K. Donovan (D) / A. Garnett (D) | P. Neville (R)
Summary:

The bill authorizes a retail food establishment to allow a person to bring a pet dog to an outdoor dining area if certain conditions are met. Local governing bodies may prohibit the presence of pet dogs for all retail food establishments within the governing body's jurisdiction.


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

Status: 3/17/2020 Signed by the Speaker of the House
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

SB20-092 Robotic Device Deliver Cargo 
Comment:
Position:
Short Title: Robotic Device Deliver Cargo
Sponsors: J. Bridges (D)
Summary:

The bill regulates the use of mobile carrying devices and personal delivery devices (robotic devices). A mobile carrying device is a self-propelled robot that transports cargo within a pedestrian area while remaining within 25 feet of a human operator. A personal delivery device is a self-propelled robot that transports cargo within a pedestrian area or on a highway with the remote support and supervision of a human. These robotic devices are not vehicles for the purposes of the traffic code.

The bill establishes the following regulations:

  • A robotic device may be used to deliver cargo within a pedestrian area or, if the robotic device is a personal delivery device, on a highway;
  • A business is deemed the operator of a robotic device for compliance with traffic laws when the device is used to deliver cargo within a pedestrian area, but if an agent of the business is acting outside the scope of the agent's office or employment, the agent is the operator;
  • A person is not an operator of a robotic device merely because the person requests delivery or because the person dispatched the device;
  • To use a robotic device to deliver cargo within a pedestrian area, a person must ensure that the device:
  • Complies with pedestrian traffic laws and local regulations;
  • Yields to or does not obstruct the right-of-way of other traffic;
  • Is not used to transport hazardous materials; and
  • Is monitored and controlled;
  • To use a personal delivery device within a pedestrian area or on a highway or to use a mobile carrying device within a pedestrian area, the device must be equipped with an adequate braking system;
  • To use a personal delivery device to deliver cargo within a pedestrian area or on a highway, the device must be equipped with:
  • The name and contact information of the owner and a unique identification number; and
  • Adequate lights if used at night;
  • The speed of a robotic device is limited to no more than 12 miles per hour within a pedestrian area and no more than 20 miles per hour on a highway; and
  • To use a robotic device to deliver cargo within a pedestrian area or on a highway, a person must maintain an insurance policy of at least one hundred thousand dollars for damages caused by the device.

A local authority may regulate these robotic devices, but the regulation may not conflict with the bill, limit the hours of operation or zones of operation, or substantially prohibit the use of robotic devices.


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

Status: 2/26/2020 Senate Committee on Business, Labor, & Technology Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

SB20-094 Plug-in Electric Motor Vehicle Registration Fees 
Comment: PI'd
Position:
Short Title: Plug-in Electric Motor Vehicle Registration Fees
Sponsors: K. Priola (R)
Summary:

For the purpose of making the amount of plug-in electric motor vehicle registration fees roughly equal to the combined amount of registration fees and motor fuel taxes levied on motor vehicles powered by internal combustion engines, the bill authorizes the high-performance transportation enterprise to impose the following fees upon the registration of a plug-in electric motor vehicle:

  • An inflation-indexed surface transportation infrastructure equivalent use fee to be imposed at a maximum initial rate of $120 and thereafter indexed to inflation; and
  • A longevity fee that annually increases for each year in which a vehicle is in service until the vehicle reaches its 18th year of service.

Fee proceeds are credited to the statewide transportation enterprise special revenue fund for use by the high-performance transportation enterprise in funding surface transportation infrastructure projects.


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

Status: 2/13/2020 Senate Committee on Transportation & Energy Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

SB20-106 Consent To Shelter And Services By Homeless Youth 
Comment:
Position:
Short Title: Consent To Shelter And Services By Homeless Youth
Sponsors: R. Woodward (R) | J. Ginal (D) / C. Kipp (D) | B. Titone (D)
Summary:

The bill allows a homeless youth who is 14 15 years of age or older (youth) to consent to receiving shelter or shelter services from a licensed homeless youth shelter. Upon receipt of such consent, a licensed homeless youth shelter is not required to notify the youth's parent or legal guardian or seek additional parental consent for shelter or shelter services. The state department of human services shall promulgate rules for licensed homeless youth shelters to follow when a youth consents to receiving shelter or shelter services.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


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

Status: 3/11/2020 House Committee on Public Health Care & Human Services Refer Amended to House Committee of the Whole
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

SB20-108 Landlord Prohibitions Tenant Citizenship Status 
Comment:
Position:
Short Title: Landlord Prohibitions Tenant Citizenship Status
Sponsors: J. Gonzales (D) / S. Gonzales-Gutierrez (D)
Summary:

The bill creates the "Immigrant Tenant Protection Act" (Act), which prohibits a landlord from:

  • Demanding, requesting, or collecting information regarding or relating to the immigration or citizenship status of a tenant;
  • Disclosing or threatening to disclose information regarding or relating to the immigration or citizenship status of a tenant to any person, entity, or immigration or law enforcement agency;
  • Harassing, intimidating, or retaliating against a tenant for exercising the tenant's rights or opposing prohibited conduct;
  • Interfering with a tenant's rights, including influencing or attempting to influence a tenant to surrender possession of a dwelling unit or to not seek to occupy a dwelling unit based solely or in part on the immigration or citizenship status of the tenant;
  • Refusing to enter into a lease agreement or approve a subtenancy, or to otherwise preclude a tenant from occupying a dwelling unit, based solely or in part on the immigration or citizenship status of the tenant; and
  • Bringing an action to recover possession of a dwelling unit based solely or in part on the immigration or citizenship status of a tenant.

The Act is enforceable through a private right of action.


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

Status: 2/4/2020 Introduced In House - Assigned to Business Affairs & Labor
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

SB20-109 Short-term Rentals Property Tax 
Comment: PI'd
Position:
Short Title: Short-term Rentals Property Tax
Sponsors: B. Gardner (R)
Summary:

For purposes of the property tax, the bill classifies an improvement that is used to provide short-term stays, which is overnight lodging for less than 30 consecutive days in exchange for a monetary payment. A building or a portion of a building that is designed and used as a residency by a person, a family, or families and that is leased or available to be leased for short-term stays is a residential improvement and, therefore, it is classified as residential property.

A short-term rental unit is excluded from the definition of residential improvements and, therefore, it is classified as nonresidential property. A short-term rental unit is defined to mean a building or a portion of a building that is designed for use predominantly as a place of residency by a person, a family, or families, but that is leased or available to be leased for short-term stays during the property tax year and is occupied by the owner for less than 30 days in a year.


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

Status: 2/11/2020 Senate Committee on Finance Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

SB20-110 Penalties For Liquor Law Violations 
Comment:
Position:
Short Title: Penalties For Liquor Law Violations
Sponsors: A. Williams (D) | C. Holbert (R) / M. Snyder (D)
Summary:

Currently, the state or local licensing authority may suspend or revoke a licensee's license or permit for the licensee's violation of a law related to the regulation of alcohol beverages. The licensee may choose to pay a fine instead of the revocation or suspension.

The bill:

  • Authorizes the state and local licensing authorities to fine the licensee initially;
  • Increases the potential fine for violations related to alcohol beverages from between $200 and $5,000 to between $500 and $100,000; and
  • Requires the manner in which licensees pay fines to the state licensing authority to be determined by the state licensing authority.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status: 3/11/2020 Introduced In House - Assigned to Business Affairs & Labor + Appropriations
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

SB20-126 Allow Home Child Care In Homeowners' Association Community 
Comment:
Position:
Short Title: Allow Home Child Care In Homeowners' Association Community
Sponsors: T. Story (D) | J. Smallwood (R) / D. Roberts (D) | K. Van Winkle (R)
Summary:

The bill allows a homeowner in a community organized under the "Colorado Common Interest Ownership Act" to operate a licensed family child care home, as defined in state laws governing child care facilities, notwithstanding anything to the contrary in the community's governing documents.

The community's regulations concerning architectural control, parking, landscaping, noise, and other matters continue to apply, but the community must make reasonable accommodations for any requirements pertaining to fences under the state's child care home licensing laws. The owner or operator of the child care home may also be required to carry additional liability insurance.

The bill does not apply to a community qualified as housing for older persons under federal law.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


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

Status: 2/25/2020 Introduced In House - Assigned to Public Health Care & Human Services
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

SB20-138 Consumer Protection Construction Defect Time Period 
Comment:
Position:
Short Title: Consumer Protection Construction Defect Time Period
Sponsors: R. Rodriguez (D)
Summary:

The bill:

  • Increases the statutory limitation period for actions based on construction defects from 6 years to 10 years;
  • Allows tolling of the limitation period on any statutory or equitable basis; and
  • Requires tolling of the limitation period until the claimant discovers not only some physical manifestation of a construction defect but also its cause.
    (Note: This summary applies to this bill as introduced.)

Status: 3/13/2020 Senate Second Reading Laid Over to 03/16/2020 - No Amendments
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

SB20-150 Adopt Renewable Natural Gas Standard 
Comment:
Position:
Short Title: Adopt Renewable Natural Gas Standard
Sponsors: C. Hansen (D) | D. Coram (R) / J. Arndt (D) | M. Catlin (R)
Summary:

The bill requires the public utilities commission to adopt by rule, no later than July 31, 2021, renewable natural gas programs for large natural gas utilities (those that have at least 200,000 250,000 customer accounts in Colorado) and small natural gas utilities (those that have fewer than 200,000 250,000 customer accounts in Colorado). Municipally owned natural gas utilities may, but need not, participate in a renewable natural gas program. The rules must include reporting requirements and a process for natural gas utilities to fully recover prudently incurred costs associated with the large and small renewable natural gas programs.

"Renewable natural gas" is defined to mean any of the following products processed to meet pipeline quality standards or transportation fuel-grade requirements or delivered by an alternative energy carrier :

  • Biogas that is blended with, or substituted for, geologic natural gas;
  • Hydrogen gas derived from renewable energy sources; or
  • Methane gas derived from any combination of biogas; hydrogen gas or carbon oxides derived from renewable energy sources; waste carbon dioxide; coalbed methane resulting from human activity; naturally occurring coalbed deposits; a municipal solid waste landfill; waste tire or municipal solid waste pyrolysis; or biogas recovery from manure management systems and anaerobic digesters ; or the decomposition of organic food waste .

If a large natural gas utility's total incremental annual cost to meet the targets of the large renewable natural gas program exceeds 5% 2% of the large natural gas utility's total revenue requirement for a particular year, the large natural gas utility shall not make additional qualified investments under the large renewable natural gas program for that year without approval from the commission. The bill establishes the following portfolio targets for the percentage of gas purchased by large natural gas utilities that is renewable natural gas:

  • By January 1, 2025, at least 5% must be renewable natural gas;
  • By January 1, 2030, at least 10% must be renewable natural gas; and
  • On and after January 1, 2035, at least 15% must be renewable natural gas.

Small natural gas utilities may opt in to the small renewable natural gas program as established by the commission by rule. The rule must include tradeable credits and a rate cap limiting the small natural gas utility's costs of procuring renewable natural gas from third parties and qualified investments in renewable natural gas infrastructure.

The bill appropriates $83,555 from the fixed utilities cash fund to the department of regulatory agencies for use by the public utilities commission to implement the bill.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


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

Status: 3/2/2020 Introduced In House - Assigned to Energy & Environment
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

SB20-151 Administration Of The RTD Regional Transportation District 
Comment:
Position:
Short Title: Administration Of The RTD Regional Transportation District
Sponsors: J. Tate (R) | R. Rodriguez (D) / D. Jackson (D) | C. Larson (R)
Summary:

The bill modifies the "Regional Transportation District Act" (Act) as follows:

  • Provides factors for the regional transportation district (district) to consider in making decisions about services, route planning, and rates;
  • Prohibits the district from discriminating against people with disabilities in the provision of transportation services and prohibits discrimination against an individual on the basis of race, color, ethnicity, or national origin in the provision of transportation services. A person who is the subject of a violation of the prohibition can bring a civil suit in state district court.
  • Authorizes the transportation legislation review committee to review the district's compliance with the Act, requires the district to comply with requests for information, and requires the committee to hear public testimony concerning the district's compliance with the prohibitions on discrimination;
  • Adds 2 additional voting board members to be appointed by the governor for 3-year terms, one to represent constituents with disabilities and one with experience in equitable transportation planning;
  • Adds the state treasurer and the executive director of the department of transportation as nonvoting ex-officio members of the board;
  • Establishes contribution limits in the "Fair Campaign Practices Act" for candidates for the board of directors of the district;
  • Requires the board to meet monthly instead of quarterly and to live broadcast its meetings whenever practicable, requires members to be physically present to vote except in the case of a documented medical condition, allows the board to adopt procedures related to the removal of an elected or appointed member, and requires the board to adopt procedures to reduce the compensation of a member who is absent from the member's official duties;
  • Allows the district to provide commercial and retail services at its facilities;
  • Requires the state auditor to conduct audits of the district's pension plans and unfunded pension liability, the district's organization structure and compensation, and the cost-efficiency and effectiveness of the district's competitive vehicular services policies;
  • Provides whistle-blower protections to employees of the district and of entities contracting with the district, includes the district within the scope of the state auditor's fraud hotline, makes the district's directors and certain employees subject to ethics requirements of the state constitution, and clarifies that the district is subject to existing codes of conduct for public employees; and
  • Amends other provisions related to the administration of the district.
    (Note: This summary applies to this bill as introduced.)

Status: 3/3/2020 Senate Committee on Transportation & Energy Refer Amended to Judiciary
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

SB20-157 Vacation Of Roadway By Municipality Or County 
Comment: PI'd
Position:
Short Title: Vacation Of Roadway By Municipality Or County
Sponsors: R. Rodriguez (D)
Summary:

Under current law, when a municipality or a county vacates all or a portion of a roadway, title to the vacated land within the roadway automatically vests, without the payment of compensation to the county or municipality for the fair market value of the vacated land and with limited exceptions, in the owners of abutting land. The bill authorizes a county or municipality to condition vacation of all or a portion of a roadway upon payment to the county or municipality of fair market value for the land included within the roadway or portion of a roadway by any person in whom title to the land being vacated will vest upon vacation.
(Note: This summary applies to this bill as introduced.)

Status: 2/18/2020 Senate Committee on Local Government Postpone Indefinitely
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

SB20-167 Electric Motor Vehicle Manufacturer And Dealer 
Comment:
Position:
Short Title: Electric Motor Vehicle Manufacturer And Dealer
Sponsors: C. Hansen (D) | K. Priola (R) / K. Becker (D)
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 that sells electric motor vehicles if the manufacturer makes only electric motor vehicles and has no franchised dealers of a manufacturer's the dealer's line-make. An "electric motor vehicle" is a motor vehicle that can operate entirely on electrical power.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


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

Status: 3/17/2020 Signed by the Speaker of the House
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

SB20-172 Bail Hearing Within 48 Hours Of Arrest 
Comment:
Position:
Short Title: Bail Hearing Within 48 Hours Of Arrest
Sponsors: P. Lee (D) | V. Marble (R) / L. Herod (D) | M. Soper (R)
Summary:

The bill requires a court to hold a bond setting hearing within 48 hours after an arrestee's arrival at a jail or holding center beginning on July 1, 2021, for in-county arrestees and July 1, 2022, for out-of-county arrestees.

The bill creates the position of a bond hearing officer to conduct bond hearings on weekends and holidays throughout the state using audiovisual technology. The bond hearing officer conducts bond hearings throughout the state in the counties that request the service of the bond hearing officer. The public will be able to view the hearings. The bill creates the county assistance for bond hearings grant program, which will allow the state court administrator to provide grants to counties to purchase or upgrade audiovisual devices to allow jails and district attorneys to connect with the court to allow remote audiovisual bond hearings.
(Note: This summary applies to this bill as introduced.)

Status: 2/24/2020 Senate Committee on Judiciary Refer Amended to Appropriations
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee:

SB20-189 Local Government Pesticide No Preemption 
Comment:
Position:
Short Title: Local Government Pesticide No Preemption
Sponsors: S. Fenberg (D) / L. Cutter (D) | M. Duran (D)
Summary:

Current state law prohibits local governments from substantively regulating the use and application of pesticides. The bill authorizes local governments to regulate pesticide use and application. In connection with this authorization, the bill:

  • Declares pesticide regulation a matter of both statewide and local concern;
  • Repeals provisions that prohibit local regulation of pesticide use and application and explicitly authorizes a county to enact this type of regulation;
  • Permits local governments to regulate pesticide use and application except in connection with the cultivation of marijuana and the production of agricultural products;
  • Clarifies that a local government must meet the requirements of state and federal law; and
  • Gives state courts exclusive jurisdiction to review local pesticide laws.
    (Note: This summary applies to this bill as introduced.)

Status: 3/2/2020 Introduced In Senate - Assigned to Agriculture & Natural Resources
Fiscal Notes:

Fiscal Note

Cal. Notif. Committee: