The act creates the state apprenticeship agency (SAA) in the department of labor and employment (department) and specifies that it exercises its powers, duties, and functions, including rule-making, regulation, licensing, and registration, the promulgation of rates and standards, and the rendering of findings, orders, and adjudications, independently of the executive director of the department. The executive director of the department is required to appoint the director of the SAA. The purpose of the SAA is to:

• Serve as the primary point of contact with the United States department of labor's office of apprenticeship concerning apprentices and registered apprenticeship programs;
• Accelerate new apprenticeship program growth and assist in promotion and development; and
• Oversee apprenticeship programs, including registration, required standards for registration, certification, quality assurance, record-keeping, compliance with federal laws and standards, and provision of administrative and technical assistance.

The director of the SAA is authorized to promulgate rules to implement the state apprenticeship registration program.

The director of the SAA is required to establish the state apprenticeship council (SAC) and an interagency advisory committee (IAC) on apprenticeship. The governor and the director of the SAA appoint the members of the state apprenticeship council and the interagency advisory committee.

The SAC is charged with overseeing registered apprenticeship programs for the building and construction trades in this state and ensuring compliance with state and federal laws and standards. The IAC is charged with the same responsibilities for all other apprenticeships not in the building and construction trades. Both entities are charged with:

• Registering with and maintaining the standards of the United States department of labor's office of apprenticeship and developing standards for registration for their respective apprenticeship programs;
• Resolving conflicts and complaints that arise between parties to apprenticeship agreements;
• Reviewing apprenticeship program performance;
• Making recommendations concerning apprenticeship programs to the director of the state apprenticeship agency;
• Providing technical and professional guidance and promoting best practices;
• Developing administrative policies to ensure safety and quality standards;
• Providing an annual report to the executive director of the department of labor and employment; and
• Advising the SAA concerning their assigned functions and formulating policies for their respective industries.

The act establishes a joint resolution committee of the state apprenticeship council and the interagency advisory committee to resolve conflicts between the 2 entities and to define their respective jurisdictions.

Additionally, the act requires the state apprenticeship agency to accept applications for registration of apprenticeship programs beginning July 1, 2023. The state apprenticeship agency may deregister an apprenticeship program for noncompliance with the requirements in the act. The state apprenticeship agency shall conduct a hearing upon request of the SAC or the IAC regarding issues of noncompliance and deregistration.

The apprenticeship program is repealed, effective September 1, 2029, after a review of the director's functions is performed.

To implement this act, $485,249 is appropriated to the department of labor and employment for use by the SAA. From this amount $85,072 is appropriated to the department of law, and $78,598 is appropriated to the office of the governor.

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

The act removes the existing restriction on pumped hydroelectric facilities as a source of recycled energy, which is included in the definition of an eligible energy resource under the renewable energy standard statute, and instead includes any pumped hydroelectric facility under 15 megawatts that:

• Does not combust fossil fuel to pump water;
• Is not located on a natural waterway;
• Includes measures to prevent fish mortality in the facility;
• Does not impact any decreed in-stream flow; and
• Does not cause any violation of state water quality standards when operated.
  (Note: This summary applies to this bill as enacted.)

The requirements of the "Construction Bidding for Public Projects Act" (CBPPA) generally apply to a public project if the cost of the project is reasonably expected to exceed $500,000 for any fiscal year; except that a public project supervised by the department of transportation (CDOT) is subject to the requirements of the CBPPA if the cost of the project is reasonably expected to exceed $150,000 for any fiscal year. The act:

• Increases the lower cost amount for CDOT projects to $250,000, which means that the requirements of the CBPPA, including the requirement that CDOT prepare a bid estimate when it proposes to undertake a project itself rather than awarding the project to a contractor through competitive bidding, will apply to a CDOT project only if the cost of the project is reasonably expected to exceed $250,000 for any fiscal year;
• Increases from $50,000 to $150,000 the maximum cost for a CDOT project that is exempt from transportation commission approval; and
• Requires CDOT to annually identify in a report to the transportation commission and the transportation legislation review committee of the general assembly all highway maintenance projects for the reporting year costing more than $150,000 but not more than $250,000 that:
• CDOT is completing using CDOT employees;
• CDOT awarded by invitation for bids or competitive sealed best value bidding; or
• For which CDOT solicited but did not receive bids.

The act also limits the existing requirement that CDOT pay all employees performing work on any public project local prevailing wages in accordance with specified federal acts to projects that cost more than $250,000 and requires all electrical work on a CDOT public project to be performed by licensed electricians or registered apprentices properly supervised by electricians.

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

The act modifies monthly financial reporting requirements for the department of transportation to:

• Require the department to include in the monthly report that it submits to the state controller:
• Sufficient financial information for the controller to complete a review of legal overexpenditures, any deficit fund balances, and a budget to actual report for all budget lines within the annual general appropriations act; and
• Any additional information that is deemed reasonable and necessary by the controller; and
• Require the department to submit a monthly budget report to the transportation commission of the expenditures made from each budget category and the unexpended and unencumbered balance of each budget subcategory and to make each report publicly available on the department's website.
  (Note: This summary applies to this bill as enacted.)

The bill establishes immunity from civil liability for entities for any act or omission that results in exposure, loss, damage, injury, or death arising out of COVID-19 if the entity attempts in good faith to comply with applicable public health guidelines.

The bill is repealed 2 years after the date the governor terminates the state of disaster emergency declared on March 11, 2020.

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

An individual or entity must generally notify the statewide notification association of all owners and operators of underground facilities of its intent to engage in excavation so that any underground facilities that the excavation might affect, such as water and sewer pipes, gas lines, and electric or cable lines, can be located and marked before excavation begins. Underground facilities are often located beneath the right-of-way of county gravel and dirt roads, normally at a depth of at least 18 inches below the road surface. Counties maintain the profile and surface condition of county roads and such county road rights-of-way by engaging in routine and emergency maintenance activities that do not disturb more than 6 inches in depth. Before the passage of the act, these maintenance activities triggered the excavation notification requirement, and the related requirement that the location of underground facilities be marked, even though they occur above the levels where underground facilities are located. The act specifies that excavation that is routine or emergency maintenance of the right-of-way of a county-maintained gravel or dirt road and is performed by county employees does not require notification of the notification association or location marking unless the excavation will:

• Lower the existing grade or elevation of the road or any adjacent shoulder or the designed and constructed elevation of any adjacent ditch flowline; or
• Disturb more than 6 inches in depth as it is conducted.
  (Note: This summary applies to this bill as enacted.)

The act clarifies that the existing authority of cities and counties 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. The act also states that it should not be construed to authorize a local government to adopt or enforce any ordinance or regulation that would have the effect of controlling rent on any existing private residential housing unit in violation of the existing statutory prohibition on rent control.

The act prohibits a local government from exercising this new regulatory authority unless the local government demonstrates, at the time it enacts a land use regulation for the purpose of exercising such authority, it has taken one or more among a list of specified actions to increase the overall number and density of housing units within its jurisdictional boundaries or to promote or create incentives to the construction of affordable housing units.

The act requires the department of local affairs to offer guidance to assist local governments in connection with its implementation.

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

Current law prohibits a county from appropriating county general fund money for roads and bridges and, subject to an exception for disaster emergency response within the county, from transferring county general fund money to the county road and bridge fund. The bill authorizes a county to use county general fund money to fund roads and bridges by eliminating these existing prohibitions.

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

The act prohibits a property owner from withholding from a contractor more than 5% of the price of completed work to ensure the work is satisfactorily completed. The contractor and subcontractors are also prohibited from withholding more than 5% from subcontractors and suppliers. The act also clarifies that these prohibitions do not apply to other types of contractual conditions made before payment is due.

The contract may require lien waivers to be executed before payment is made.

The act applies to:

• A contract between a property owner and a contractor that has a price of at least $150,000; and
• A subcontract or supply agreement to such a contract.

The act does not apply to a single contract that governs:

• The building of:
• A single-family dwelling;
• A multifamily dwelling with 4 or fewer family dwelling units; or
• A contract with a public entity.
  (Note: This summary applies to this bill as enacted.)

Current law defines as a "covered facility" a stationary source of air pollutants that reported in its federal toxics release inventory filing at least one of the following amounts of the following "covered air toxics" in one year:

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

The act changes the definition of "covered facility" to include specific listed North American industry classification system codes and expands upon the requirements applicable to covered facilities by:

• Directing the air quality control commission to consider, at least every 5 years, adding new types of covered facilities and covered air toxics;
• Requiring that a covered facility's outreach to communities near the covered facility be conducted in the 2 most prevalent languages spoken in the communities; and
• Requiring covered facilities to conduct real-time fenceline monitoring of covered air toxics and to publicly report the results of the monitoring.

The act also requires the division of administration in the department of public health and environment to:

• Establish notification thresholds for covered air toxics, the exceedance of which covered facilities must disclose to the affected community; and
• Conduct community-based monitoring of covered air toxics in areas near covered facilities and to publicly report the results, and authorizes the division to spend up to $800,000 from the general fund to buy a mobile air-quality monitoring van to use for community-based monitoring.

The act appropriates $480,939 from the stationary sources control fund to the department of public health and environment to implement the act, of which $12,761 is reappropriated to the department of law for the provision of legal services to the department of public health and environment and $283,896 is reappropriated to the office of the governor for use by the office of information technology for the provision of information technology services for the department of public health and environment.

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

In 2017, the general assembly (GA) enacted Senate Bill 17-267, which required the state treasurer to issue up to $500 million of lease-purchase agreements (COPS) in each of the 2018-19, 2019-20, 2020-21, and 2021-22 state fiscal years for the purpose of funding transportation projects. Subsequently, in a series of 4 bills, the GA referred a statewide ballot issue, initially at the November 2019 statewide election but thereafter twice modified and delayed until the 2021 statewide election, that, if approved, would have authorized the state to issue transportation revenue anticipation notes (TRANs) for the purpose of funding transportation projects and prevented the issuance of the state fiscal year 2021-22 COPS.

The GA intended that, upon approval of the ballot issue, the TRANs authorized would replace the unissued COPS as a source of funding for transportation projects. The act amends the effective date clause of one of the 4 bills to prevent the unintended consequence, resulting from the interplay of the bill with another one of the 4 bills, that TRANs could be authorized without preventing the issuance of the state fiscal year 2021-22 COPS. However, the act has no practical effect because Senate Bill 21-260 repealed the requirement that a statewide ballot issue seeking authorization for the issuance of TRANS be referred to the voters at the 2021 statewide election.

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

Usually, an owner of digital electronic equipment (equipment), such as cell phones and tablets, must seek diagnostic, maintenance, or repair services of the equipment from the original equipment manufacturer (manufacturer) or an authorized repair provider affiliated with the manufacturer.

The bill requires a manufacturer to provide parts, embedded software, firmware, tools, or documentation, such as diagnostic, maintenance, or repair manuals, diagrams, or similar information, to independent repair providers and owners of the manufacturer's equipment to allow an independent repair provider or owner to conduct diagnostic, maintenance, or repair services. A manufacturer's failure to comply with the requirement is an unfair or deceptive trade practice. Manufacturers need not divulge any trade secrets to independent repair providers and owners.

The bill does not apply to motor vehicle manufacturers or dealers acting in that capacity, powersports vehicle manufacturers or dealers acting in that capacity, or medical devices; except that the bill does apply to class 2 powered wheelchairs.

Any contractual provision or other arrangement that a manufacturer enters into that would remove or limit the manufacturer's obligation to provide these resources to independent repair providers and owners is void and unenforceable.

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

The bill requires a road usage equalization fee (equalization fee) to be imposed at the time of annual registration on each plug-in electric motor vehicle that is required to be registered in the state. The fee is set in an amount that is estimated to achieve parity between the aggregate amount of motor vehicle registration fees and motor fuel excise taxes paid per vehicle by owners of plug-in electric motor vehicles and vehicles fueled by gasoline, diesel, or other special fuels and is annually adjusted for inflation.

The executive directors of the department of transportation and the department of revenue are required to form a joint working group to develop recommendations as to whether and to what extent the equalization fee should be adjusted to achieve the goal of maintaining parity between plug-in electric motor vehicle owners and owners of motor vehicles that use motor fuel for propulsion with respect to the aggregate amount in motor vehicle registration fees and motor fuel taxes paid. The recommendations must include recommendations as to whether the road equalization fee needs to be adjusted to account for changes to motor fuel excise tax rates or the imposition of other government charges that are calculated on the basis of motor fuel consumption, whether the amount of the fee should be different for personal and commercial vehicles, or whether the amount of the fee should vary based on specified factors. After the joint working group reports to the executive directors, the executive directors or their designees must prepare a written report regarding the recommendations for presentation to the transportation legislation review committee during the 2022 legislative interim.

Revenue generated by the fee:

• Must be credited to the highway users tax fund (HUTF) and distributed pursuant to the existing "second stream" HUTF allocation formula as follows:
• 60% to the state highway fund;
• 22% to counties; and
• 18% to municipalities; and
• Must be used only for maintenance of existing highways, streets, and roads.
  (Note: This summary applies to this bill as introduced.)

The act defines "overpayments" of workers' compensation benefits as money received by a claimant that:

• Is a result of fraud;
• Is the result of an error due only to miscalculation, omission, or clerical error asserted in a new admission of liability;
• Is paid in error or in excess of an admission or order that exists at the time that the benefits are paid to a claimant; or
• Results in duplicate benefits as specified in the act.

The act also:

• Clarifies that these limitations on overpayments do not prevent an insurance carrier or employer from receiving a credit against permanent disability benefits for temporary disability benefits paid beyond the date of maximum medical improvement and do not prevent the director of the division of workers' compensation or an administrative law judge from determining overpayments and requiring repayment of overpayments; and
• Prohibits the director or an administrative law judge from reopening an award of benefits paid to a claimant due to an overpayment except in limited, specific circumstances.
  (Note: This summary applies to this bill as enacted.)

Section 2 of the bill:

• Sets forth a process and deadlines for and requires the conversion of Pinnacol Assurance from a political subdivision of the state to a stock insurance company owned by a mutual insurance holding company, the initial members of which are the policyholders of Pinnacol Assurance immediately prior to the conversion, and also sets forth a process and deadlines for the disaffiliation of Pinnacol Assurance from the public employees' retirement association (PERA), with details as to how the disaffiliation is to be accomplished;
• Requires the transfer of a specified amount from Pinnacol Assurance to the state within 5 days of the effective date of the conversion and requires the money transferred to be allocated in equal shares to the controlled maintenance trust fund and to the just transition trust fund; and
• Requires the commissioner of insurance to contract with an insurance company as the carrier of last resort for employers seeking workers' compensation insurance and for the successor stock insurance company to serve in that capacity for a transitional period.

Section 3 repeals the existing statutes concerning Pinnacol Assurance in its current form as a political subdivision of the state.Sections 4 to 35 make conforming amendments necessitated by the conversion of Pinnacol Assurance from a political subdivision of the state to a stock insurance company owned by a mutual insurance holding company and the disaffiliation of Pinnacol Assurance from PERA.
(Note: This summary applies to this bill as introduced.)

The act requires the commissioner of insurance (commissioner) in the department of regulatory agencies to establish a standardized health benefit plan by rule on or before January 1, 2022, to be offered by health insurance carriers (carriers) in the individual and small group markets. The standardized plan must:

• Offer health-care coverage at the bronze, silver, and gold levels of coverage;
• Include pediatric and other essential health benefits;
• Be offered through the Colorado health benefit exchange and in the individual market;
• Have a standardized benefit design that is created through a stakeholder engagement process, has a defined benefit design and cost sharing that improves access and affordability, and is designed to improve racial health equity and decrease racial health disparities;
• Provide by, among other measures, providing first-dollar, predictable coverage for certain high value services;
• Be actuarially sound and allow carriers to meet financial requirements;
• Comply with state and federal law; and
• Have a provider network (network) that is culturally responsive and reflects the diversity of its enrollees and be no more narrow than the most restrictive nonstandardized plan offered by the carrier.

Each carrier must:

• Include, as part of its network access plan for the standardized plan, a description of its efforts to construct diverse, culturally responsive networks;
• Include a majority of the essential community providers in the service area in its network; and
• Allow consumers to easily compare the standardized health benefit plans offered by each carrier.

Additionally, the act requires the commissioner to:

• Promulgate rules regarding network adequacy;
• Contract with an independent third party to conduct an analysis of the implementation of the standardized health benefit plan and the related requirements; and
• Collaborate with the health benefit exchange to conduct a consumer survey.

Beginning January 1, 2023, and each year thereafter, the act requires carriers that offer:

• An individual health benefit plan in Colorado to offer the standardized health benefit plan in the individual market in each county where the carrier offers an individual plan; and
• A small group health benefit plan in Colorado to offer the standardized health benefit plan in the small group market in each county where the carrier offers a small group plan.

In the individual market and in the small group market, each carrier shall offer a standardized health benefit plan premium that:

• For 2023, is at least 5% less than the premium rate for health benefit plans offered by that carrier in the 2021 calendar year, as adjusted for medical inflation;
• For 2024, is at least 10% less than the premium rate for health benefit plans offered by that carrier in the 2021 calendar year, as adjusted for medical inflation;
• For 2025, is at least 15% less than the premium rate for health benefit plans offered by that carrier in the 2021 calendar year, as adjusted for medical inflation;
• For 2026 and each year thereafter, is increased above the premium in the previous year by no more than medical inflation, relative to the previous year.

The act also requires each carrier to file its premium rates for the standardized health benefit plan with the commissioner. If a carrier or health-care provider anticipates that a carrier will be unable to meet network adequacy standards or the premium rate requirements due to a reimbursement rate dispute, the carrier or the health-care provider may initiate nonbinding arbitration prior to filing rates for the standardized health benefit plan. If a carrier cannot meet the premium rate requirements, the carrier must notify the commissioner of the reasons. The division shall hold a public hearing concerning network adequacy and premium rates. Based on evidence at the hearing, the commissioner may establish carrier reimbursement rates for hospitals and health-care providers and require the hospitals and health-care providers to accept patients and the established reimbursement rates. The act establishes limits on the reimbursement rates that may be set.

The act creates an advisory board, with members appointed by the governor, to implement the standardized health benefit plan. The advisory board is charged with considering recommendations to streamline prior authorization and utilization management processes, recommend ways to keep health-care services in communities where patients live, and to consider alternative payment models.

The commissioner may apply to the secretary of the United States department of health and human services for a state innovation waiver to capture savings as a result of the implementation of the standardized health benefit plan. Upon approval of the waiver, the commissioner is authorized to use any federal money for the implementation of the bill and for the Colorado health insurance affordability enterprise.

The act requires the commissioner to:

• Contract with an independent third party to prepare reports regarding the implementation of the bill;
• Monitor whether there is an adequate number of health-care providers in the carriers' standardized health benefit plan network and the percentage of premiums attributable to health-care providers in the network;
• Contract with an independent third-party organization to evaluate how to phase in a hospital's reimbursement rate methodology;
• Report various findings during the hearings conducted pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act"; and
• Disapprove of a rate filing submitted by a carrier if the rate filing reflects a cost shift between the standardized health benefit plan and the health benefit plan for which rate approval is being sought.

The department of public health and environment, upon notice from the commissioner, may fine or suspend or impose conditions on a hospital that refuses to participate in the standardized health benefit plan.

The act creates the office of the insurance ombudsman in the department of health care policy and financing to act as an advocate for consumer interests in matters related to access to and affordability of the standardized health benefit plan.

To implement this act:

• $1,409,637 is appropriated to the department of regulatory agencies for use by the division of insurance and the executive director's office, $212,680 of which is reappropriated to the department of law for the provision of legal services; and
• $78,993 is appropriated to the department of health care policy and financing.
  (Note: This summary applies to this bill as enacted.)

The act allocates $20 million from the general fund to the Colorado water conservation board (CWCB) to be spent to implement the state water plan as follows:

• $15 million, which is transferred to the water plan implementation cash fund and appropriated to the department of natural resources for expenditures and grants administered by the CWCB to implement the state water plan; and
• $5 million, which is transferred to the water supply reserve fund for the CWCB to disperse to the basin roundtables.

The act also establishes a minimum 25% matching fund requirement for the water plan implementation grant program; except that, during 2021 and 2022, the CWCB can reduce the minimum match requirement.

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

The act creates the workers, employers, and workforce centers cash fund (fund) for the purpose of responding to the COVID-19 public health emergency and the negative economic impacts of the pandemic as follows:

• To provide assistance to unemployed workers, including job training;
• To provide assistance to households;
• For programs, services, or other assistance for populations disproportionately impacted by the public health emergency, including programs or services to address or mitigate the effects on education;
• To provide aid to impacted industries, small businesses, and nonprofit organizations through the provision of related educational and job training services; and
• For related administrative costs.

The act directs the state treasurer to transfer to the fund $200 million of the money the state received pursuant to the federal "American Rescue Plan Act of 2021" (ARPA) and $25 million from the general fund. Of this amount, the act appropriates a total of $75 million for use in the 2021-22 state fiscal year, allocated in the following amounts and for the following purposes related to assisting unemployed workers, aiding impacted industries, and addressing or mitigating the impacts of the public health emergency on education:

• $25 million for the investments in reskilling, upskilling, and next-skilling workers program (program), which is an initiative of the state work force development council (state council) to facilitate training for unemployed and underemployed workers in the state during times of substantial unemployment, defined as an unemployment rate that exceeds 4% statewide or within a work force development area. Of this amount, the state council, in collaboration with the department of labor and employment (department), is directed to allocate: $20.75 million to local work force development areas for the program; $3 million for a grant program developed by the state council to award grants to other partners to provide reskilling, upskilling, and next-skilling supports to eligible individuals for up to 13 months; and $1.25 million for the department to conduct outreach and recruitment, provide access to digital platforms for career navigation, issue licenses for virtual training classes, and implement, administer, and report on the program, with any portion of the $1.25 million that is unencumbered and unexpended as of June 30, 2022, reallocated for the program and the grant program.
• $35 million for programs and initiatives established under the "Work Force Innovation Act", including $17.5 million for allocation to work force development boards for the work force innovation grant program to promote innovation to improve outcomes for learners and workers by helping prepare Coloradans for well-paying, quality jobs; and $17.5 million for use by the state council for statewide work force innovation initiatives;
• $10 million to the department of higher education for allocation by the state board for community colleges and occupational education to specified career and technical education providers to expand equipment, facility, and instruction capacity in key career and technical education job demand areas identified in the annual Colorado talent report; and
• $5 million to the department of education for the adult education and literacy grant program.

As required by ARPA, the money appropriated in the act must be obligated by December 31, 2024, and expended by December 31, 2026, and recipients of ARPA money must comply with reporting requirements specified in ARPA and by the state controller.

The act also authorizes the department to receive and expend money from the general fund or any other state source that is appropriated by the general assembly or passed through another entity for purposes of distributing state funds to work force development areas to implement work force development activities. The act specifies that state money appropriated or passed through to the department is not subject to limits imposed on the use of money received by the department pursuant to specified federal laws.

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

Section 3 of the act defines "disproportionately impacted community" (DIC) as:

• A community that is in a census block group where the proportion of households that are low income, that identify as minority, or that are housing cost-burdened is greater than 40%; or
• Any other community as identified or approved by a state agency, if the community: Has a history of environmental racism perpetuated through redlining, anti-Indigenous, anti-immigrant, anti-Hispanic, or anti-Black laws; or is one where multiple factors may act cumulatively to affect health and the environment and contribute to persistent disparities.

Section 3 also requires the air quality control commission (AQCC) to promote outreach to and engage with DICs by creating new ways to gather input from communities across the state, using multiple languages and multiple formats, and transparently sharing information about adverse effects resulting from its proposed actions.

Section 4 creates the environmental justice action task force (task force) in the department of public health and environment (department), the goal of which is to propose recommendations to the general assembly regarding practical means to address environmental justice inequities, particularly within DICs. The department will report on the task force's activities during the department's "SMART Act" presentations. The task force will:

• Hold meetings to solicit public comment concerning the development of a state agency-wide environmental justice strategy and a plan to implement that strategy, including ways to address data gaps and data sharing between state agencies and the engagement of disproportionately impacted communities;
• Evaluate and propose recommended revisions to the definitions of DIC, "proposed state action", and "agency" and the state agencies and their proposed actions that are subject to section 3; and
• File a final report by November 14, 2022, regarding its recommendations.

Section 7 requires the AQCC to include greenhouse gas (GHG) in the list of air pollutants required to be reported in an air pollutant emission notice (APEN) and allows the AQCC to require that APENs for GHG report the previous calendar year's emissions of GHG in the form of carbon dioxide equivalent. Section 8 requires the AQCC to adopt rules, including permit processing fees, that apply to permits for sources of pollutants that cause or contribute to significant health or environmental impacts in DICs. Section 9 allows the division of administration in the department to reopen an air permit to add monitoring requirements for sources that affect DICs.

Section 12 creates in the department the position of an environmental justice ombudsperson and directs the ombudsperson to promote environmental justice for the people of Colorado, particularly as an advocate for DICs and as a liaison between DICs and the department. Section 12 also creates in the department the environmental justice advisory board and directs the board to advise the ombudsperson and to develop guidelines for a grant program to fund environmental mitigation projects that avoid, minimize, measure, or mitigate adverse environmental impacts in DICs.

Section 10 requires the AQCC to establish an annual APEN fee for GHG and authorizes the use of the fees to pay for the engagement of DICs required by section 3 and for the ombudsperson position created in section 12. Current law credits air quality fines to the general fund; section 13 creates the community impact cash fund and, over the course of 5 years, credits all of the fines to the fund, which is used to pay for environmental mitigation projects and the environmental justice advisory board.

Section 14:

• Allows the AQCC to adopt rules that add permit requirements for sources that affect DICs;
• Directs the AQCC to adopt rules that pursue near-term reductions in GHG emissions, including reducing GHG emissions from electric utilities by at least 48% by 2025 and 80% by 2030, relative to 2005 levls;
• Directs the division to prepare an annual report that indicates whether GHG emission reduction requirements are being met and, if not, to develop and propose additional requirements to the AQCC;
• Requires each wholesale generation and transmission electric cooperative to file with the public utilities commission (PUC) and the division an electric resource plan that will achieve at least an 80% reduction of GHG emissions by 2030, relative to 2005 levels;
• Requires certain electric utilities that serve at least 50,000 Colorado retail customers to either file a clean energy plan with the division or comply with AQCC rules that would require GHG emission reductions of at least 48% by 2025 and 80% by 2030, relative to 2005 levels;
• Requires the AQCC to adopt rules to reduce GHG emissions from oil and gas exploration, production, processing, transmission, and storage operations by at least 36% by 2025 and 60% by 2030, relative to 2005 levels;
• Requires the AQCC to adopt rules to reduce GHG emissions from the industrial and manufacturing sector in the state by at least 20% by 2030, relative to 2015 levels; and
• Authorizes the AQCC to adopt a rule or program that provides for the use of a trading program, including a comprehensive and centralized accounting system to track emissions from the sources that participate in the program.

Section 16 requires that the economic impact analysis for GHG rules must include an analysis of the social cost of greenhouse gases. Section 17 requires that the division make publicly available the data upon which its GHG forecast is based and requires that the forecast include at least one scenario that does not include emission reductions projected to occur pursuant to existing law.

Section 19 requires the just transition office in the division of employment and training in the department of labor and employment to develop a proposed long-term budget to adequately finance the just transition plan relating to the closure of coal-fired electric generation facilities. Section 20 modifies the mission statement for the Colorado energy office, including by adding the goal of supporting Colorado's transition to a more equitable, low-carbon, and clean energy economy and promoting resources that reduce air pollution and greenhouse gas emissions, including pollution and emissions from electricity generation, buildings, industry, agriculture, and transportation.

Existing law requires electric utilities to provide best value employment metrics to the PUC when applying for approval of new resource acquisitions. Section 22 requires the state auditor to study the implementation of the best value employment metrics requirement.

To implement the act, section 23 appropriates the following:

• $2,550,218 from the general fund and the community impact cash fund to the department, of which amount $382,680 is reappropriated to the department of law to provide legal services and $239,642 is reappropriated to the office of the governor for use by the office of information technology to provide information technology services; and
• $146,703 from the general fund to the office of the governor for use by the Colorado energy office.
  (Note: This summary applies to this bill as enacted.)

The act concerns the concept of "community choice energy" (CCE) (also known as community choice aggregation or CCA), under which a community, or group of communities, may choose to purchase their electricity from a wholesale supplier other than the local investor-owned electric utility. The act declares that CCE has the potential to enable communities to meet their renewable energy goals and to reduce their electricity rates by allowing wholesale competition and local control over the energy supplier and energy mix without changing the local utility's current status as sole supplier of electric transmission, distribution, billing, and customer service functions.

To lay the groundwork for evaluating the potential adoption of CCE in Colorado, the act proposes an investigatory proceeding at the public utilities commission that would invite testimony and documentation from interested stakeholders, utilities, the public, invited subject-matter experts, and persons with firsthand knowledge of CCE operations, including regulators from states in which CCE has been implemented. The proceeding would address a series of questions and topics that are specified in the act, with the goal of better understanding CCE in the Colorado context and identifying best practices that would allow CCE to function well in Colorado if adopted. The act does not change current statutes and regulations governing the electricity system.

The act directs the commission to submit a report summarizing the investigatory proceeding to the legislative committees with jurisdiction over energy matters by December 15, 2022.

The act appropriates $48,391 to the department of regulatory agencies for use by the public utilities commission to implement the act.

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

The act creates 3 different programs in the department of local affairs (DOLA) for the purpose of offering grant money and other forms of state assistance to local governments to promote innovative solutions to the development of affordable housing across the state.
Local government affordable housing development incentives grant program (housing development incentives grant program). This program will provide grants to local governments that adopt not less than 3 policy and regulatory tools from among a menu of options that create incentives to promote the development of affordable housing. A local government that adopts such tools is eligible for a grant from the housing development incentives grant program as an incentive to develop one or more affordable housing developments in their community that are liveable, vibrant, and driven by community benefits. The division of local government (DLG) within DOLA administers the housing development incentives grant program.
The act enumerates items included in the menu of policy and regulatory tools.
Local government planning grant program. This program will provide grants to local governments that lack one or more of the policy and regulatory tools that provide incentives to promote the development of affordable housing that forms the basis for a grant under the housing development incentives grant program and that could benefit from additional funding to be able to create and make use of these policy and regulatory tools. Money under the planning grant program will be available to a local government to enable the government to retain a consultant or a related professional service to assess the housing needs of its community or to make changes to its policies, programs, development review processes, land use codes, and related rules to become an eligible recipient of a grant under the housing development incentives grant program. The planning grant program will be administered by the DLG. As part of its administration of the planning grant program, the DLG will provide assistance to local governments on best land use practices and tools and is required to update and publish model county and municipal land use codes for the benefit of local governments across the state.The affordable housing guided toolkit and local officials guide program (housing toolkit program). This program creates the housing toolkit program within the division of housing (DOH) within DOLA. The purpose of the housing toolkit program is to award funding to qualified counties, and municipalities, and federally recognized tribes within the state selected in a competitive process who commit to the adoption of best land use practices with demonstrated success in the development of affordable housing. Under the housing toolkit program, technical assistance will be provided by consultants and related professionals to local governments who demonstrate an understanding of the housing needs of their communities, take steps to engage their entire communities in this process, make changes to their land use codes and related processes that provide incentives and reduce barriers to the development of affordable housing, obtain and support viable sites in their communities for the development of affordable housing, and attract developers committed to making such investments in their communities. The DOH is to administer the housing toolkit program.
In evaluating applications for grants from the housing development incentives grant program, the act requires the DLG to prioritize proposals submitted by local governments based on factors specified in the act.

On or before September 1, 2021, the act requires the executive director of DOLA or the executive director's designee to adopt policies, procedures, and guidelines for the 3 different state assistance programs that include, without limitation:

• Procedures and timelines by which an eligible recipient may apply for a grant;
• Criteria for determining the amount of grant awards;
• Performance criteria for grant recipients' projects; and
• Reporting requirements for grant recipients.

On the effective date of the act, or as soon as practicable thereafter, the state treasurer is required to transfer $30,000,000 from the affordable housing and home ownership cash fund to the Colorado heritage communities fund and $9,300,000 from the general fund to the Colorado heritage communities fund. DLG must use this money transferred for the creation, implementation, and administration of the housing development incentives grant programs.

On the effective date of the act, or as soon as practicable thereafter, the state treasurer is required to transfer $5,000,000 from the affordable housing and home ownership cash fund to the Colorado heritage communities fund and $2,100,000 from the general fund to the Colorado heritage communities fund. DLG must use this money transferred for the creation, implementation, and administration of the planning grant program.

On the effective date of the act, or as soon as practicable thereafter, the state treasurer is required to transfer $1,600,000 from the general fund to the housing development grant fund for the creation, implementation, and administration by the DOH of the housing toolkit program.

All costs incurred in administering any of the 3 programs created under the act must be paid out of the money transferred under the act. All money transferred under the act for the 3 state programs must be expended over the subsequent 3 state fiscal years.

On or before November 1 of each year, the executive director of DOLA or the director's designee is required to publish a report summarizing the use of all assistance that was awarded from the 3 different programs created under the act in the preceding fiscal year. The act specifies additional required contents of the reports. The reports must be shared with the general assembly and posted on DOLA's website.

The act updates and repeals obsolete statutory provisions concerning the office of smart growth (OSG) within DOLA and the Colorado heritage communities fund.

The act authorizes the OSG, as money becomes available, to provide grants or other forms of assistance to counties and municipalities to address critical planning issues and specifies examples of the forms of assistance that may be provided by the office. The OSG is required to create guidelines to specify the activities on the part of local governments that will qualify for grant funding or other forms of assistance provided under the act. The OSG is permitted to use available money to administer the Colorado heritage grant program.

The act appropriates $39,300,000 to DOLA from the Colorado heritage communities fund for the affordable housing development incentives grant program.

The act appropriates $7,100,000 to DOLA from the Colorado heritage communities fund for the local government planning grant program.

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

Section 1 of the act requires owners of certain large buildings (covered buildings), on an annual basis, to collect and report to the Colorado energy office (office) the covered building's energy use. The act establishes a process requiring certain electric and gas utilities to provide energy-use data to a covered building owner when requested by the covered building owner.

On or before October 1, 2021, the director of the office is required to appoint and convene a task force consisting of various building owners, building professionals, utility representatives, and local government representatives to recommend performance standards for adoption as rules by the air quality control commission (commission). The performance standards set forth in rule would need to achieve a reduction in greenhouse gas emissions of 7% by 2026 compared to 2021 levels as reported in energy benchmarking data and by 20% by 2030 compared to 2021 levels. The performance standards adopted must include a provision that an owner of a public building need only comply with the performance standards with regard to certain types of construction or renovation projects and only if the construction or renovation project has an estimated cost of at least $500,000. Covered building owners would then need to demonstrate their compliance with the performance standards set forth in the commission's rules. The commission is also required to adopt rules regarding the issuance of waivers and extensions of time for performance standard compliance. The commission may adopt additional rules, as the commission deems necessary, to modify or continue the performance standards.

Section 2 authorizes the office to use the energy fund to help finance its work to administer the benchmarking and performance standard program described in section 1 (program).

Section 3 requires the office to administer the program and assist covered building owners with the reporting requirements set forth in section 1 by:

• Creating a database of covered buildings and owners required to comply with section 1;
• Tracking compliance with the program and providing a list of noncompliant owners of covered buildings to the division of administration in the department of public health and environment;
• Developing publicly available, digitally interactive maps and lists showing the energy-use and performance-standard data reported;
• Coordinating with any local government that implements its own energy benchmarking requirements or energy performance program, including coordination of reporting requirements; and
• Collecting an annual fee from owners of covered buildings of $100 per covered building; except that owners of public buildings are exempt from paying the fee. The office is required to transfer the fees collected to the state treasurer, who will credit the fees to the climate change mitigation and adaptation fund (fund) created in section 3.

Section 4 imposes penalties for violations of the benchmarking requirements in amounts up to $500 for a first violation and up to $2,000 for each subsequent violation. The commission is required to establish by rule civil penalties for a violation of the commission's performance standards in an amount not to exceed $2,000 for a first violation and $5,000 for a subsequent violation.

Section 5 modifies the definition of an "energy performance contract" that a governing body of a municipality, county, special district, or school district (board) enters into for evaluation, recommendations, or implementation of energy saving measures to remove requirements that a board's payment for goods and services pursuant to the contract be made within a certain number of years of the contract's execution.

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

The office of the state architect and the department of transportation are each required to establish policies regarding the global warming potential for specific categories of eligible materials used to construct certain public projects.

The office of the state architect is required to establish a maximum acceptable global warming potential for each category of eligible material used in certain public projects under its purview. The act specifies which building materials are eligible materials. The office of the state architect is required to base the maximum acceptable global warming potential on the industry average of global warming potential emissions for that material and to express it as a number that states the maximum acceptable global warming potential for each category of eligible material.

The department of transportation is required to develop policies to determine, track, and record greenhouse gas emissions for each category of eligible materials used in certain public projects under its purview in a manner consistent with criteria in an environmental product declaration.

The office of the state architect and the department of transportation are both required to strive to achieve continuous reduction in greenhouse gas emissions in construction materials over time for the projects under their purview.

For solicitations for certain public projects under the purview of the office of the state architect or the department of transportation issued after certain dates, the contractor that is awarded the contract is required to submit a current environmental product declaration for each eligible material proposed to be used in the public project.

A contractor that is awarded a contract for certain public projects is prohibited from installing any eligible material on the project until the contractor submits an environmental product declaration for that material. If an environmental product declaration is not available for an eligible material, the contractor shall notify the relevant agency of government and install an alternative eligible material with an environmental product declaration. However, if a product meeting the policy requirements for a category of eligible materials is not reasonably priced or is not available to the contractor on a reasonable basis, the relevant agency of government may waive the requirement that the contractor submit an environmental product declaration for that eligible material before installing it.

The office of the state architect and the department of transportation are required to annually report to the general assembly regarding the implementation of the act.

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

Senate Bill 19-196, enacted in 2019, requires that a state agency (agency) specify a general prevailing rate of wages and other payments provided to employees (prevailing rate) in certain contracts for public projects, and it applies to state solicitations issued for projects (solicitations) on or after July 1, 2021.

For solicitations issued on July 1, 2021, through December 31, 2021, only, the act requires that the agency obtain the general prevailing rate directly from the United States department of labor. For solicitations issued on or after January 1, 2022, the agency must obtain the general prevailing rate from the director of the Colorado department of personnel and administration (department).

For solicitations issued on July 1, 2021, through December 31, 2021, only, the act requires that the agency keep a schedule of the prevailing rate on file for the life of the project. Beginning on January 1, 2022, the executive director of the department is required to keep a schedule of the customary prevailing rate in his or her office.

The act also permits the department to include only solicitations issued on or after January 1, 2022, rather than solicitations issued on or after July 1, 2021, in its annual reports detailing the amount of apprenticeship training contributions paid.

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

The act restructures the excise tax on gasoline and special fuel (fuels) by:

• Modifying the point of taxation;
• Eliminating the 3 tax deferred transactions;
• Exempting the tax from the import or removal of fuels by bulk transfer to, from, or within a terminal or refinery in certain circumstances;
• Permitting the 2% allowance to cover losses for terminals that are outside of the state;
• Requiring a terminal operator to verify that the person receiving the fuels is a licensee or is exempt from taxation;
• Specifying when the tax is imposed on an importer, blender, seller of liquefied petroleum gas or natural gas, user, and other distributor;
• Harmonizing provisions applicable to the exemption for governments;
• Explicitly identifying certain fuels used in aircrafts as being exempt;
• Codifying that a distributor has the burden of proving that fuels are exempt;
• Codifying the exemption for the removal of fuels from a terminal by a licensed exporter exclusively for delivery to another state;
• Requiring a terminal operator to be licensed, which is the current practice;
• Consolidating the penalties for acting without a license;
• Making conforming changes related to the aforementioned changes;
• Reorganizing and relocating provisions; and
• Modernizing language.
  (Note: This summary applies to this bill as enacted.)

The bill creates the water resources financing enterprise (enterprise). The board of the enterprise (board) consists of the board of directors of the Colorado water resources and power development authority and the board members of the Colorado water conservation board. The enterprise will provide financing to "water providers", defined to include drinking water suppliers, wastewater treatment suppliers, and raw water suppliers. Raw water suppliers are limited to those that provide raw water for treatment and use as drinking water.

Customers of a drinking water supplier will pay a fee to the supplier, who will transmit it to the enterprise to be used for the financing. The fee for each individual metered connection in a drinking water supplier's public water system is 25 cents per 1,000 gallons of drinking water delivered per month in excess of the first 4,000 gallons of drinking water delivered in that month to the individual metered connection. The board may adjust the fee based on inflation and equity concerns for large nonresidential customers and customers who pay tiered rates that start higher than 4,000 gallons per month.

The enterprise can provide financing for grants, loans, and in-kind technical assistance in arranging third-party financing. In determining whether to provide financing, the board shall consider the following factors:

• A water provider's ability to pay, including whether the water provider has sought or received other financial assistance;
• Whether a water provider has been found to be noncompliant with requirements, or is subject to increased requirements, related to the provision of raw water, drinking water, or wastewater treatment;
• Whether the proposed use of financing relates to a project identified in and in furtherance of the state water plan; and
• The geographic location and demographic characteristics of the water provider and its customers.

The enterprise shall provide, and a water provider may use, the financing only:

• In connection with the provision of raw water, drinking water, or wastewater treatment; and
• For feasibility studies, consulting, planning, permitting, and construction of infrastructure and water conservation projects and related recreational, hydroelectric, and flood control facilities, including necessary enlargement and rehabilitation of facilities but excluding maintenance and operation of facilities.
  (Note: This summary applies to this bill as introduced.)

$30 million is transferred from the general fund to the state highway fund to provide additional funding for the department of transportation's revitalizing main streets and safer main streets programs.

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

The career development success program provides financial incentives for participating school districts and participating charter schools to encourage pupils enrolled in grades 9 through 12 to enroll in and successfully complete qualified industry-credential programs; qualified internship, residency, or construction industry pre-apprenticeship or apprenticeship programs; and qualified advanced placement courses (programs and courses). The act amends the list of qualified programs by removing residency programs and expanding pre-apprenticeship and apprenticeship programs to include any industry program, not just construction industry programs.

The act expands the definition of a qualified industry-credential program to include a career and technical education program that, upon completion, results in an industry-recognized credential with labor market value aligned with a high-skill, high-wage, in-demand job.

Current law requires the work force development council (council) to identify the qualified programs and courses by identifying the jobs included in the Colorado talent report with the greatest regional and state demand, including jobs in in-demand industries. The act requires the council to consult with relevant industries to identify the programs and courses by identifying high-skill, high-wage jobs in in-demand industries that have labor market value. Any programs and courses the council determines do not demonstrate labor market value may be removed from the council's website.

Beginning in the 2022-23 school year, and each school year thereafter, the department of education (department), in coordination with the department of labor and employment, the department of higher education, the Colorado community college system, and employers from in-demand industries, shall identify the top 10 industry-recognized credentials that may be awarded to high school students. For each identified credential, the department shall specify how the courses taken to earn the credential align with the state academic standards.

The act requires each participating school district, each nonparticipating school district on behalf of its participating charter schools, and the state charter school institute on behalf of each participating institute charter school to report to the department the total number of pupils who successfully complete a program or course, disaggregated by each student's race, ethnicity, and gender, and whether each student is a student with a disability, an English language learner, or eligible for free or reduced-price lunch.

Current law requires each participating school district and each participating charter school to regularly communicate to all high school students the availability of programs and courses and the benefits a student receives as a result of successfully completing one of the programs or courses. The act expands this requirement to all middle school students and the students' families.

The act requires each participating school district and each participating charter school to communicate how industry-recognized credentials and guaranteed-transfer pathways courses that are included in such credentials are aligned with postsecondary degrees and high-skill, high-wage, in-demand jobs, and the top 10 industry-recognized credentials identified by the department. The communications must be provided in a language that the students and the students' families understand.

The act updates the department's annual reporting requirements to the general assembly to include:

• Whether the students participating in the programs and courses enlisted in the military or entered the workforce after graduation;
• How money received under the career development success program was used to promote the availability of programs and courses; and
• How the participating school district or participating charter school determined which programs and courses to offer, including how the programs and courses are aligned with local workforce needs.

No later than July 1, 2022, the department, in collaboration with the Colorado community college system, shall publish and disseminate materials through existing and relevant platforms used to engage with districts that include, at a minimum, the top 10 industry-recognized credentials and a sample communications plan for how a participating school district or participating charter school may communicate the value of credentials and experiences to students and families.

The act requires participating school districts and participating charter schools to utilize program funding to promote access to programs and courses.

The act requires the return on investment report to include information specifically identifying the number of high school students enrolled and the number of degrees and certificates awarded through the career development success program.

The act appropriates $20,000 from the general fund to the department of education to implement the act.

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

Under current law, any person may ask the executive director of the department of regulatory agencies or the executive director's designee (executive director) to require a rule-making agency to conduct a cost-benefit analysis of a draft rule or draft amendment to a rule (proposed rule) for which the agency has filed a notice of proposed rule-making (notice). The bill extends the time period for which such request may be made from up to 5 days after the notice has been filed to up to 15 days before the scheduled rule-making hearing or, if the rule-making hearing is scheduled only 20 days after the notice was filed, up to 10 days after the notice was filed. The agency is required to complete the cost-benefit analysis at least 5 days before the scheduled rule-making hearing.

The bill also specifies the following regarding a cost-benefit analysis:

• If the executive director determines that the proposed rule would likely have materially disparate effects on different regions of the state, the agency must include in the cost-benefit analysis a determination of the anticipated benefits, costs, and adverse effects of the proposed rule on different regions of the state;
• If the executive director determines that the proposed rule would have a negative economic or noneconomic impact, the executive director shall inform the public by either making a public presentation about the negative impact and any counterbalancing positive impact at the rule-making hearing or publishing a written report summarizing the impacts;
• The executive director, upon request of any party to the rule-making or member of the general assembly or upon the executive director's own motion, may require an agency to update a cost-benefit analysis to reflect material changes made to the proposed or adopted rule either before, during, or after the rule-making hearing;
• A member of the general assembly, no earlier than one year after a rule has been adopted, may request that the adopting agency conduct a cost-benefit analysis regarding the rule's implementation; and
• The public utilities commission, the department of natural resources, or the department of public health and environment, with regard to any cost-benefit analysis conducted by that agency, shall present the cost-benefit analysis at the rule-making hearing and allow public testimony at the hearing regarding the cost-benefit analysis.
  (Note: This summary applies to this bill as introduced.)

Section 2 of the bill requires the Colorado department of transportation (CDOT) to solicit construction contracts for public projects by invitation for bids, also known as the design bid build method of procurement, unless CDOT determines, based on specific written findings that CDOT posts on its website prior to awarding a contract, that it is not feasible to do so and that soliciting the contract through an alternative procurement method authorized by law such as competitive sealed best value bidding, an integrated product delivery contract, a public-private initiative, or a design-build contract is likely to cause the project to be completed faster, at a lower cost, or to a higher standard of quality than if the project was solicited by an invitation for bids. Section 4 prohibits CDOT from refusing to prequalify a contractor to bid on CDOT projects or reducing the scope of prequalification granted based on the contractor's lack of prior opportunity to demonstrate performance on past department contracts if the bidder can demonstrate its experience, past performance, expertise, and financial capacity through its work on construction contracts in other states or for county, municipal, or other local governments in Colorado.Sections 3, 5, 6, 7, 9, 11, and 12 ensure that the requirements and prohibitions set forth in sections 2 and 4 apply to CDOT project procurement through the alternative methods of competitive sealed best value bidding, integrated product delivery contracts, public-private initiatives, and design-build contracts.Section 8 requires CDOT to disclose to the public its rationale for selecting a specific participating entity to which it has awarded an integrated product delivery contract. Section 10 requires CDOT to disclose to the public its rationale for entering into the public-private initiative agreement for a project in lieu of soliciting a contractor for the project by invitation for bids or for best value bids and its rationale for selecting each private or public entity that is a party to the agreement over any other unselected private or public entities that submitted comparable proposals.
(Note: This summary applies to this bill as introduced.)

For purposes of addressing discriminatory or unfair employment practices pursuant to Colorado's anti-discrimination laws, the bill enacts the "Protecting Opportunities and Workers' Rights (POWR) Act", which:

• Continues the Colorado civil rights division (division) and the Colorado civil rights commission (commission) indefinitely;
• Directs the division to include "harassment" as a basis or description of discrimination on any charge form or charge intake mechanism;
• Allows an employment discrimination claim to be brought in any court of competent jurisdiction in the county or district where the alleged discriminatory or unfair employment practice occurred; and allows an individual to file a civil action, without otherwise exhausting administrative proceedings and remedies, as long as the individual either files a charge with the Colorado civil rights commission (commission) or serves a written demand for the relief on the individual's employer and allows the employer 14 days to respond;
• Directs the division to develop and provide to employers, free of charge, training and education programs regarding the prevention of harassment and discrimination in the workplace, bystander intervention, and workplace civility;
• Expands the definition of "employee" to include individuals in domestic service individuals who perform a service for a price, including independent contractors, subcontractors, and their employees; and individuals who offer services or labor without pay and specifies that an individual performing services for pay for another is deemed an employee unless, by a preponderance of the evidence, it is proven that the individual satisfies the conditions under the state wage law for a determination that the individual is not an employee;
• Adds a requirement that a written, electronic, or oral agreement or contract under which a person performs services for another must require that the person for whom the services are performed shall not engage in any discriminatory or unfair employment practice with respect to the individual performing the services ;
• Adds new definitions of "caregiver", "care recipient", "child", "minor child", and "harass" or "harassment" "hostile work environment", and "independent contractor" and repeals the current definition of "harass" that requires creation of a hostile work environment;
• Adds protections from discriminatory or unfair employment practices for individuals based on their "marital status" or "caregiver status";
• Specifies that in harassment claims, the alleged conduct need not be severe or pervasive to constitute a discriminatory or unfair employment practice, and an employer has an affirmative defense to the claim if the employer demonstrates that, when the employer knew or should have known of the harassment, the employer took prompt, reasonable, and, if warranted, remedial action to end the harassment, deter future harassers, and protect employees;
• Specifies that it is a discriminatory or unfair employment practice for an employer to fail to initiate an investigation of a complaint or fail to take prompt , reasonable, and, if warranted, remedial action; if appropriate;
• Specifies the requirements for an employer to avoid liability when an employee proves that a supervisor unlawfully harassed that employee;
• Prohibits certain preemployment medical examinations, imposes limitations on inquiries and examinations about an employee's disability during employment, and specifies that violations of these prohibitions and limitations constitute discriminatory or unfair employment practices;
• Expands the time limit to file a charge with the commission from 6 months to 300 days after the alleged discriminatory or unfair employment practice occurred;
• Repeals the limits on remedies in cases involving age discrimination;
• Limits the ability of an employer to require confidentiality of claims once a charge is filed with the commission Specifies requirements that must be satisfied for a nondisclosure provision in an agreement between an employer and employee to be enforceable; voids a nondisclosure provision if a party makes a material misrepresentation; and requires the division to provide to a charging party other charges filed with the division against the same respondent; and
• Requires employers with 20 or more employees to provide and maintain records of training and education to all employees regarding harassment and discrimination prevention, bystander intervention, and workplace civility, encourages other employers to provide the training and education, and authorizes the division director to impose penalties on employers that fail to comply with the training and recordkeeping requirements.

The bill appropriates the following amounts to the following departments to implement the bill:

• $539,292 and 6.0 FTE to the department of corrections;
• $71,905 and 0.8 FTE to the department of education;
• $134,823 and 1.5 FTE to the office of the governor;
• $22,471 and 0.5 FTE to the department of health care policy and financing;
• $449,410 and 5.0 FTE to the department of human services;
• $449,410 and 5.0 FTE to the judicial department;
• $107,858 and 1.2 FTE to the department of labor and employment;
• $401,180 and 2.5 FTE to the department of law;
• $134,823 and 1.5 FTE to the department of natural resources;
• $630,465 and 1.5 FTE to the department of personnel;
• $125,835 and 1.4 FTE to the department of public health and environment;
• $161,788 and 1.8 FTE to the department of public safety;
• $652,879 and 9.7 FTE to the department of regulatory agencies;
• $134,823 and 1.5 FTE to the department of revenue; and
• $269,646 and 3.0 FTE to the department of transportation.

(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.)

The act appropriates the following amounts from the Colorado water conservation board (CWCB) construction fund to the CWCB or the division of water resources in the department of natural resources for the following projects:

• Continuation of the satellite monitoring system, $100,000 (section 1 of the act);
• Continuation of the Colorado floodplain map modernization program, $500,000 (section 2);
• Continuation of the weather modification permitting program, $350,000 (section 3); and
• Continuation of technical assistance for federal cost-share programs, $300,000 (section 4).

Section 5 directs the state treasurer to transfer up to $2,000,000 from the CWCB construction fund to the litigation fund on July 1, 2021.

Section 6 appropriates $3,000,000 from the CWCB construction fund to the department of natural resources for use by the CWCB to make a grant to the Colorado Rio Grande Restoration Foundation in furtherance of the San Luis valley confined aquifer recovery project.

Section 7 reinstates severance tax funding of the water efficiency grant program by authorizing a transfer of $550,000 in each state fiscal year commencing on or after July 1, 2020, from the grant program reserve of the severance tax operational fund, which reserve is part of the "tier 2" funding that is used only if the general assembly chooses not to spend 100% of the money in the operational fund on core departmental programs, to the water efficiency grant program cash fund. The reinstated funding is repealed on July 1, 2030, when the water efficiency grant program is scheduled to repeal.

Section 8 restores the continuous appropriation of $150,000 from the CWCB construction fund to the CWCB for the ongoing operations of a water education foundation, which is currently known as Water Education Colorado, which continuous appropriation was repealed in HB 20-1403, enacted in 2020.

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

The bill provides injured workers control over the selection of the primary treating physician in workers' compensation cases, allowing them to choose from any level I or level II accredited physician through the division of workers' compensation. The bill creates the mechanism by which the injured worker may select the treating physician, and requires the employer or insurer to choose the physician when an injured worker is unable or unwilling to select the treating physician.
(Note: This summary applies to this bill as introduced.)

Current law requires the air quality control commission (AQCC) to adopt rules that will result in the statewide reduction of greenhouse gas (GHG) emissions of 26% by 2025, 50% by 2030, and 90% by 2050, as compared to 2005 emissions. Section 2 of the bill supplements these requirements by:

• Directing the AQCC to:
• Consider the social cost of GHG emissions;
• Require GHG reductions on a linear or more stringent path; and
• Finalize its implementing rules by March 1, 2022, including specific net emission weight limits for various emission sectors, subject to modification by the AQCC, including through the use of a multi-sector program;
• Directing each wholesale generation and transmission electric cooperative to file with the public utilities commission a responsible energy plan that will achieve at least an 80% GHG reduction by 2030 as compared to 2005 levels and specifying that if a plan is not filed, the cooperative must achieve at least a 90% GHG reduction by 2030 as compared to 2005 levels; and
• Directing each retail, wholesale, and municipal electric utility and cooperative electric association to reduce its GHG emissions by at least 95% between 2035 and 2040 and by 100% by 2040.

Section 3 adds GHG to the definition of "regulated pollutant", prohibits the AQCC from excluding GHG emissions from the requirement to pay annual emission fees that are based on emissions of regulated pollutants, gives the AQCC rule-making authority to set the GHG annual emission fee, and authorizes the use of these fees for outreach to and engagement of disproportionately impacted communities. Section 4 requires the AQCC's GHG reporting rules to establish an assumed emission rate representing the average regional fossil fuel generation emission rate for electricity generated by a renewable energy resource for which the associated renewable energy credit is not retired in the year generated.Section 5 creates an environmental justice ombudsperson position and an environmental justice advisory board in the department of public health and environment. The ombudsperson and the advisory board will work collaboratively to promote environmental justice in Colorado. Sections 2 and 5 specify processes for soliciting and facilitating input from disproportionately impacted communities regarding proposed AQCC rule changes and departmental decision-making.
(Note: This summary applies to this bill as introduced.)

The act creates the front range passenger rail district (district) for the purpose of planning, designing, developing, financing, constructing, operating, and maintaining an interconnected passenger rail system (system) along the front range. The district is specifically required to work collaboratively with the regional transportation district (RTD) to ensure interconnectivity with any passenger rail system operated by or for the RTD and with Amtrak on interconnectivity with Amtrak's Southwest Chief, California Zephyr, and Winter Park Express trains, including but not limited to rerouting of the Amtrak Southwest Chief passenger train. The district must also coordinate with the department of transportation (CDOT) to ensure that any system is well-integrated into the state's multimodal transportation system and does not impair the efficiency or safety of or otherwise adversely affect existing transportation infrastructure or operations. If deemed appropriate by the board of directors of the district and by the board of directors of RTD, the district may share with RTD capital costs associated with shared use of rail line infrastructure in the northwest rail line corridor for passenger train service.

The area that comprises the district extends from Wyoming to New Mexico and includes:

• The entirety of the city and county of Broomfield and the city and county of Denver;
• All areas within Adams, Arapahoe, Boulder, Douglas, El Paso, Huerfano, Jefferson, Larimer, Las Animas, Pueblo, and Weld counties that are located within the territory of a metropolitan planning organization (MPO);
• All areas within Huerfano, Las Animas, and Pueblo counties that are not located within the territory of a MPO and are located within a county precinct that is located wholly or partly within 5 miles of the public right-of-way of interstate highway 25; and
• All areas within Larimer and Weld counties that are not located within the territory of a MPO and are located within a county precinct that is north of the city of Fort Collins and is located wholly or partly within 5 miles of the public right-of-way of interstate highway 25.

The district is governed by a board of directors composed of:

• 10 appointees of transportation planning organizations that have jurisdiction within the territory of the district as follows:
• 4 appointees appointed by each metropolitan planning organization (MPO) that represents more than 1,500,000 residents in the district; except that any city and county or municipality that has 55% or more of the MPO's territory shall appoint one of the 4 directors that would otherwise be appointed by the MPO;
• 2 appointees from each metropolitan planning organization (MPO) that represents more than 500,000 but fewer than 1,000,000 residents in the district; except that any city and county or municipality that has 55% or more of the MPO's territory shall appoint one of the 2 directors that would otherwise be appointed by the MPO;
• One appointee appointed by the Pueblo area council of governments; and
• One appointee appointed by the south central council of governments.
• 6 appointees appointed by the governor subject to confirmation by the senate who must collectively have professional experience or expertise in specified areas;
• One appointee appointed by the executive director of CDOT;
• One nonvoting representative of RTD;
• One nonvoting representative appointed by the I-70 mountain corridor coalition, or any successor entity to the coalition; and
• If the respective governors and chief executive officers choose to make appointments, nonvoting representatives of the BNSF Railway, the Union Pacific Railroad, Amtrak, and communities in Wyoming and New Mexico.

In addition to the professional experience or expertise requirements, at least one of the directors appointed by the governor must be a resident of a county, city and county, or municipality through which light or commuter rail was planned as part of RTD's voter-approved Fastracks program. Each director appointed by a transportation planning organization must be or have been a member of the board of directors of the appointing authority and must represent or have represented a member jurisdiction of the appointing authority that is wholly or partly included within the district. The board must be fully appointed by April 1, 2022, with an earlier appointment deadline for some appointees. The board must convene for its initial meeting not later than May 15, 2022. The existing southwest chief and front range passenger rail commission is terminated, effective July 1, 2022, and any remaining commission funds are transferred to the district no later than July 1, 2022.


The district is authorized to exercise the powers necessary to plan, design, develop, finance, construct, operate, and maintain the system including but not limited to:

• The power, subject to the approval of the voters of the district and other specified limitations, to levy a sales and use tax, to exercise specified taxing authority common to special districts within the district, and to issue bonds. Before submitting a ballot question to establish any district tax, the district must publish a proposed services development plan, an operating plan, and a detailed financing plan, certify that it has made every reasonable effort to secure federal funding for the system, and approve the submission of the question by an affirmative vote of two-thirds of all voting directors of the board.
• The power, subject to the approval of the owners of property within a 2-mile radius of any existing or proposed passenger rail station, to create a station area improvement district with the authority to levy additional sales and use tax, special assessments on real property, or both, to cover the costs of construction, operation, and maintenance of the station;
• The power to enter into public-private partnerships; and
• The power to employ its own personnel or contract with public or private entities, or both, for the operation and maintenance of the system.

The district must publish and present a comprehensive annual report to the legislative committees with jurisdiction over transportation and each transportation planning organization that appoints directors to the district board. If the district levies a tax, the state auditor must conduct a biennial district-funded audit of the district.

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

The act directs the public utilities commission (PUC) to establish energy savings targets and approve plans under which investor-owned electric utilities will promote the use of energy-efficient electric equipment in place of less efficient fossil-fuel-based systems. This directive would substantially follow the model of existing demand-side management (DSM) policies established by the PUC.

Section 1 of the act declares that DSM has provided substantial economic and environmental benefits, and the PUC's administration of DSM has successfully carried out legislative intent; therefore, the PUC is directed to implement beneficial electrification programs and plans using the same approach.

Sections 3 and 5 specify the parameters for these programs and plans, including the types of systems and appliances that are eligible for installation, the criteria to be considered when the PUC evaluates plan proposals, the implementation of plans, utility cost-recovery mechanisms, and performance incentives. Section 5 also requires that any installation, upgrade, or new construction under a beneficial electrification program must be performed either by utility employees or by qualified, Colorado-licensed contractors. For large projects, contractors must be selected from a list, maintained by the Colorado department of labor and employment, of contractors that participate in apprenticeship programs registered with the United States department of labor.

Section 2 adds heat pumps to the list of energy efficiency measures that cannot be prohibited under the covenants of a homeowners' association.

Section 4 directs the PUC to apply current standards for measurement of the social cost of carbon emissions, including methane, in evaluating the cost, benefit, or net present value of utility plans and proposals for beneficial electrification.

The act appropriates $168,448 to the department of regulatory agencies, for use by the PUC, and $73,351 to the department of labor and employment, for use by the division of employment and training, to implement the act.

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

The act creates the keep Colorado wild pass (wild pass) for entry into state parks and other participating public lands. Commencing no earlier than January 1, 2023, but no later than January 1, 2024, each resident with one of the following motor vehicles that is not a commercial vehicle is assessed a fee for the wild pass (wild pass fee) when registering the motor vehicle:

• A passenger motor vehicle;
• A light-weight truck with an empty vehicle weight of less than or equal to 16,000 pounds;
• A motorcycle; or
• A recreational vehicle.

A resident may decline to pay the wild pass fee when registering the resident's motor vehicle, and nonpayment of the wild pass fee does not affect the resident's ability to register the motor vehicle. A resident who declines or fails to pay the wild pass fee is presumed to decline to pay the wild pass fee in subsequent years with respect to registration of the same motor vehicle, and the division of parks and wildlife in the department of natural resources (division) is required to develop an opt-in provision on subsequent registration notifications sent to the resident for that motor vehicle.

The parks and wildlife commission in the department of natural resources (commission) is required to adopt rules to set the wild pass fee and, for income-eligible households, a reduced wild pass fee and may establish a process for applying existing discounts or free entry to persons eligible for the discount or free entry to the wild pass. The commission may also adopt rules establishing a separate fee for a pass, including a separate fee for passes for nonresidents, residents who decline to pay the wild pass fee when registering the resident's motor vehicle, and residents who do not possess one of the motor vehicles listed above.

For each state fiscal year, the division will use the wild pass fees collected to achieve stated goals such as providing affordable access to state parks and public lands; managing state parks; supporting search and rescue and avalanche safety efforts; conserving vulnerable species and habitats; funding equity, diversity, and inclusion programs; and financing regional outdoor partnerships for community-driven planning and projects.

The division is required to:

• Develop language to notify motor vehicle registrants of their option to decline to pay the wild pass fee, which notice must be conspicuously placed on registration documents and on the division's and the division of motor vehicles' websites; and
• Implement a public outreach campaign, including outreach to and engagement of disproportionately impacted communities, to educate the public about the availability of the wild pass through the motor vehicle registration process and about access to state parks and public lands that the wild pass will provide.

The division is required to prepare annual reports on, and on or before March 1, 2025, and on or before March 1, 2030, to make presentations to a joint session of the legislative committees with jurisdiction over agriculture matters regarding, the number of wild passes sold in the previous 12 months, an accounting of the expenditures made with the increased revenue generated from sales of the wild pass, and a summary of the effect that those increased expenditures have had on the achievement of the stated goals.

The act also repeals limitations on the amount that the commission may increase fees for daily and annual park passes purchased by individuals who do not purchase the discounted wild pass, authorizes the division to enter into cooperative agreements with other land management agencies, and requires the division to develop a program for seeking, accepting, and expending gifts, grants, or donations.
For state fiscal year 2021-22, the act appropriates $504,646 from the parks and outdoor recreation cash fund to the division for implementation of the wild pass and reappropriates $108,200 of that money to the department of revenue for use by the division of motor vehicles for maintenance and support of the Colorado driver's license, record, identification, and vehicle enterprise solution (Colorado DRIVES).
(Note: This summary applies to this bill as enacted.)

The act requires the state treasurer to transfer $1,500,000 from the general fund to the family and medical leave insurance fund for the purpose of defraying expenses incurred by the division of family and medical leave insurance (division) before the division receives premium revenue or revenue bond proceeds. The transfer is a loan from the state treasurer to the division that is required to be repaid and is not a grant for purposes of the state constitution or any other state law.

The division is required to repay the loan and accumulated interest by December 31, 2023.

Of the $1,500,000 transferred pursuant to the act:

• $1,162,202 is available for use by the division for program costs, including an additional 6.0 FTE;
• $231,920 is reappropriated to the office of the governor for use by the office of information technology to provide information technology services for the department of labor and employment; and
• $105,878 is reappropriated to the department of law to provide legal services for the department of labor and employment.
  (Note: This summary applies to this bill as enacted.)

The act establishes the community revitalization grant program (grant program) in the division of creative industries (division) in the office of economic development (office). The grant program is established to provide money awards to finance various projects across the state that are intended to create or revitalize mixed-use commercial centers. The grant program is intended to support creative projects in these commercial centers that would combine revitalized or newly constructed commercial spaces with public or community spaces including but not limited to certain projects specified in the act. In allocating grant money under the grant program, preference will be given to certain projects based on prioritization factors enumerated in the act. All grants awarded under this section must be encumbered no later than December 31, 2022.

The division will administer the grant program in consultation with the division of local government (DLG) in the department of local affairs (DOLA). The division may contract out part of its administrative duties under the grant program to a third-party administrative entity.

In connection with the administration of the grant program, the division and DLG are required to collaborate in creating a process that ensures that grants are only considered and awarded after a fair and rigorous open competition among eligible grant recipients. The division and DLG are also required to collaborate on the review of grant applications and the approval of grant awards. In connection with the review of grant applications and awards, the division must solicit input from a stakeholder group that includes representation from various groups and entities as specified in the act.

On or before September 1, 2021, the director of the division, in consultation with the director of the DLG or their designees, are required to adopt polices, procedures, and guidelines for the grant program that include without limitation:

• Procedures and timelines by which an eligible recipient may apply for a grant;
• Criteria for determining grant eligibility and grant amounts; and
• Reporting requirements for grant recipients.

The act specifies the types of projects meriting preference in the awarding of grants.

The act creates the community revitalization fund (fund) in the state treasury. On the effective date of the act, or as soon as practicable thereafter, the state treasurer is required to transfer $65 million from the general fund to the fund. All money transferred is to be used for either grant awards or the costs of administering the grant program.

On or before November 1, 2022, and on or before November 1, 2023, the division is required to publish a report summarizing the use of all of the money that was awarded as grants under the grant program in the preceding fiscal year. The act specifies additional required components of the report. The report must be posted on the website of the office. The act requires the office to summarize the information contained in the report in its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearings.

On June 30, 2021, if there is unexpended and unencumbered money remaining from the amount appropriated to DOLA in the 2020-21 state fiscal year for the program providing small business relief to address the negative effects of capacity limits due to the COVID-19 pandemic, the act requires the state treasurer to transfer $7,000,000 of the unexpended and unencumbered amount to DOLA for use by the DLG in administering the Colorado main street program.

The act reduces the 2020-21 state fiscal year appropriation to DOLA for use by the DLG from $37,000,000 to $30,000,000. For the 2021-22 state fiscal year, the act appropriates $7,000,000 to DOLA for use by the DLG for the Colorado main street program.

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

The act allows an owner of special mobile machinery who regularly rents or leases the special mobile machinery and who pays specific ownership tax on a monthly basis in an amount equal to 2% of the rental or lease payments for the special mobile machinery to apply to the department of revenue for a registration exempt certificate. The department shall issue the certificate if:

• The department verifies that the owner regularly has 1,000 or more items of such special mobile machinery in the state;
• Each item of such special mobile machinery is clearly marked or painted in a manner that identifies it as being owned by the owner;
• Each item of such special mobile machinery bears a visible and readily identifiable unique identification number assigned by the owner; and
• Each item of such special mobile machinery bears a visible toll-free telephone number for the owner that can be used for verification of ownership.

The owner of any item of special mobile machinery that is covered by a registration exempt certificate is required to pay, at the time during each calendar year in which specific ownership tax is first paid for the item, all fees and surcharges that would otherwise be paid at the time of registration; except that the owner is not required to pay any fee imposed for the purpose of covering the direct costs of license plates, decals, or validating tabs or the direct costs incurred by an authorized agent of the department of revenue in registering or issuing license plates, decals, or validating tabs for the item.

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

The length of the bill summary for this bill requires it to be published on a separate page here: https://leg.colorado.gov/sb21-260-bill-summary
(Note: This summary applies to this bill as enacted.)

The act makes various changes to statutory provisions to promote transparency for special districts. Specifically:

• Under current law, the designated election official is required to provide notice by publication of a call for nominations for a regular local government election. Except for metropolitan districts organized after January 1, 2000, the act requires that notice be made exclusively by publication and by any one of 4 additional means.
• In the case of any metropolitan district that was organized after January 1, 2000, the act requires the notice of the call for nominations to be made by emailing the notice to each active registered elector of the metropolitan district as specified in the registration list provided by the county clerk and recorder as of the date that is 150 days prior to the date of the regular local government election. Where the active registered elector does not have an e-mail address on file for such purpose with the county clerk and recorder as of that date, the public notice must be made by mailing the notice, at the lowest cost option, to each address at which one or more active registered electors of the metropolitan district resides as specified in the registration list provided by the county clerk and recorder as of that date.
• In addition to the means of providing public notice of the call for nominations that is required under the act, the designated election official must also provide public notice by any one of 4 alternate means specified in the act;
• The act exempts inactive special districts from new requirements under the act concerning maintenance of a district's website and a district's annual report;
• The act requires a metropolitan district, by a certain date, to establish, maintain, and annually update an official website in a form that is readily accessible to the public that contains information that is specified in the act;
• The act adds to existing statutory requirements regarding the annual report to be filed by a special district and, among other things, supplements the type of information to be included in the annual report;
• The act prohibits a metropolitan district from exercising its power of dominant eminent domain within a municipality or the unincorporated area of a county, other than within the boundaries of the jurisdiction that approved its service plan, without a written resolution approving the exercise of dominant eminent domain by the governing body of the municipality in connection with property that is located within an incorporated area or by the board of county commissioners of the county in connection with property that is located within an unincorporated area; and
• The act requires, on and after January 1, 2022, each owner of real property that sells real property that includes a newly constructed residence that is located within a metropolitan district, concurrently with or prior to the execution of a contract to sell the property, to provide to the purchaser of the property certain information or statements specified in the act relating to the finances of the metropolitan district, including information about the debt obligations of the district and an estimate of property taxes applicable to the property at the time of the sale.
  (Note: This summary applies to this bill as enacted.)

On July 1, 2021, the state treasurer is required to transfer $124 million from the general fund to the state highway fund.

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

The act establishes a set of evidence-based definitions to be used when analyzing a program or practice. If a state agency or the office of state planning and budgeting includes an evidence-based evaluation of a program or practice in a budget request or budget amendment, then the state agency or office is required to describe the program or practice using the definitions. In such case, the state agency or office is also required to provide any research that supports the program or practice or a decrease in funding for a program or practice, along with information concerning how the evidence referenced was used in the development of the budget request or budget amendment request.

Joint budget committee staff is required to independently analyze and describe the program or practice using the definitions and to include any evidence-based information as part of any recommendation it makes regarding a budget request or budget amendment request. The staff director is required to appoint additional staff as necessary to provide the evidence-based analysis, and upon request, joint budget committee staff shall also assist legislators in incorporating evidence-based assessments in legislation for bills that create a new program or practice.

The joint budget committee is required to consider, as one of many factors, any available evidence-based information when determining the appropriate level of funding of a program or practice.

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