The act establishes the wildfire mitigation resources and best practices grant program (grant program) within the Colorado state forest service (forest service). To be eligible to receive a grant, a recipient must be an agency of local government, a county, a municipality, a special district, a tribal agency or program, or a nonprofit organization.

The forest service is tasked with reviewing grant applications. Grants must be awarded only to applicants proposing to conduct outreach among landowners in high wildfire hazard areas, and the forest service must consider the potential impact of an applicant's proposed outreach when awarding grants. The forest service must report to the wildfire matters review committee on the grant program.

Commencing no later than the 2023-24 state fiscal year, the act requires the general assembly to annually appropriate money from the general fund to the healthy forests and vibrant communities fund to implement the grant program.

The act extends the existing income tax deduction created to offset the landowner's costs incurred in performing wildfire mitigation measures, currently set to expire with the 2024 income tax year, through the 2025 income tax year.

The act also creates a state income tax credit to reimburse a landowner for the costs incurred in performing wildfire mitigation measures on the landowner's property. Specifically, a landowner with a federal taxable income at or below $120,000, annually adjusted for inflation and rounded to the nearest hundred dollars, for any income tax year commencing on or after January 1, 2023, but prior to January 1, 2026, is allowed a state income tax credit in an amount equal to 25% of up to $2,500 in costs for wildfire mitigation measures.

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

The act establishes the wildfire mitigation incentives for local government grant program (grant program) in the Colorado state forest service (forest service). The grant program is established to provide state funding assistance in the form of grant awards to local governments to either match revenue raised by such governments from a dedicated revenue source or to expand existing programs administered by the local government on a long-term basis, which efforts are intended to be used for forest management or wildfire mitigation efforts at the local level. Such wildfire mitigation efforts include, without limitation, projects that promote fuel breaks, forest thinning, a reduction in the amount or extent of fuels contributing to wildfires, outreach and education efforts directed at property owners and other members of the public, and any other means of forest management or wildfire mitigation as determined appropriate for funding by the forest service.

On or before March 1, 2023, the forest service is 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.

Any funding awarded under the grant program must match either revenues raised by the local government from a dedicated revenue source or supplement existing programs administered by the local government on a long-term basis, which efforts are intended to be used for forest management or wildfire mitigation efforts at the local level in accordance with policies, procedures, and guidelines developed by the forest service.

A local government is eligible for funding under the grant program even in the absence of a dedicated revenue source if the local government has created and administers an existing program, project, or funding mechanism that creates long-term funding at the local level for wildfire mitigation or forest health or has created and administers other creative and innovative approaches for promoting wildfire mitigation and forest health.

In allocating funding under the grant program, preference must be given to certain eligible recipients based on prioritization factors enumerated in the act.

Eligible recipients may apply for funding from the grant program, and the recipient's application for funding may be approved by the forest service before the local government has created a dedicated revenue source that forms the basis for the match if the electors of the local government approve a ballot issue creating the revenue source at an election that takes place in the same calendar year in which the funding is awarded.

The act creates the wildfire mitigation incentives local government grant program fund (fund) in the state treasury. On July 1, 2022, the state treasurer is required to transfer $10 million from the general fund to the fund. The forest service is to use the money transferred to fund awards under the grant program and pay the administrative costs of the forest service in administering the grant program.

On or before November 1, 2024, and on or before November 1 of each year thereafter, the forest service is required to publish a report summarizing the use of all of the money that was awarded 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 forest service. The act requires the Colorado department of higher education to summarize the information contained in the report in its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearings.

The act requires the forest service to prepare educational materials concerning the grant program and to display such materials on its official website. The forest service is also required to undertake outreach activities to inform local governments located in priority areas for wildfire mitigation of the grant program.

The grant program is repealed, effective September 1, 2027. Before its repeal, the department of regulatory agencies is required to review the grant program as part of the general assembly's review of regulatory agencies and functions for repeal, continuation, or reestablishment.

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

The bill prohibits a state agency, local government, and common interest community from limiting or prohibiting the use of natural gas, propane, solar photovoltaics, micro wind turbines, or small hydroelectric power for electricity generation, cooking, hot water, or space heating in residences, units, or businesses.

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

State sales tax is currently calculated based on the buyer's address when the taxable product or service is delivered to a consumer, and this is known as destination sourcing. There is an exception that allows small retailers with less than $100,000 of retail sales to source their sales to the business' location regardless of where a purchaser receives the tangible personal property or service. The act extends the repeal of this exception from February 1, 2022, until October 1, 2022.

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

An existing statute allows a municipality or county to adopt an ordinance or resolution specifying that a person riding a bicycle, electrical assisted bicycle, or electric scooter may make a safety stop, rather than a full stop, under certain circumstances when approaching an intersection that is controlled by a stop sign or a traffic control signal as follows:

• When approaching a stop sign, if it is safe to proceed, the person may, after slowing to a reasonable speed of 15 miles per hour or less, or 10 or 20 miles per hour or less if so specified by a municipality or county for a particular intersection and marked with appropriate signage, and yielding the right-of-way to any traffic or pedestrian in or approaching the intersection, continue through the intersection without stopping; and
• When approaching an illuminated red traffic control signal, the person must first stop at the intersection and yield to all other traffic and pedestrians and then, when safe to do so, may proceed straight or make a right turn through the intersection or, subject to specified conditions, make a left turn onto a one-way street only.

The act amends the statute to make the substantive requirements described above uniform statewide for most persons 15 years of age or older or under 15 years of age and accompanied by an adult who are approaching a controlled intersection and are not operating a motor vehicle; except that the statewide "reasonable speed" is 10 rather than 15 miles per hour or less and the only municipal or county "reasonable speed" variance option is to increase the maximum "reasonable speed" for a particular intersection to 20 miles per hour. Such persons include pedestrians approaching a controlled intersection with a stop sign and operators of low-speed conveyances, as defined in the act, approaching a controlled intersection with a stop sign or a traffic control signal. However, if a county or municipality has placed a traffic sign or a traffic control signal at a controlled intersection and the traffic sign or traffic control signal provides instructions only to one or more specified types of low-speed conveyances, the operator of a low-speed conveyance to which the traffic sign or traffic control signal is directed is required to obey the instructions provided by the traffic sign or traffic control signal.

The regulation of persons approaching controlled intersections is declared to be a matter of mixed state and local concern, and the amended statute is thus declared to supersede any conflicting local ordinance or resolution but not to affect the validity of any nonconflicting local ordinance or resolution that regulates the conduct of persons approaching controlled intersections. The act does not create any right for a pedestrian or the operator of a low-speed conveyance to travel on any portion of a roadway where travel is otherwise prohibited by state law or a local ordinance or resolution.

The department of transportation, in collaboration with the departments of education and public safety and appropriate nonprofit organizations and advocacy groups, is required to incorporate legal requirements and safe practices for approaching controlled intersections as a pedestrian or while operating a low-speed conveyance into educational materials for persons under the age of 18 and the general public. The division of motor vehicles in the department of revenue is required to include in updates to the "Colorado Driver Handbook" updated information regarding legal requirements and safe practices for approaching controlled intersections that reflect the changes made by the act.

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

The act allows a person to operate a licensed medical marijuana business and a licensed retail marijuana business at the same location if permitted by the local licensing authority and the local jurisdiction where the businesses are located and subject to requirements regarding separation of operations.

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

The act adds child representatives, code enforcement officers, health-care workers, an officer or agent of the state bureau of animal protection, an animal control officer, and office of the respondent parents' counsel staff members and contractors to the list of protected persons whose personal information may be withheld from the internet if the protected person believes dissemination of such information poses an imminent and serious threat to the protected person or the safety of the protected person's immediate family.

The act adds a protected person's full name and home address to the list of personal information that the protected person's written request for removal must include.

The act authorizes access to records maintained by a county recorder, county assessor, or county treasurer for certain individuals if such access is related to a real estate matter.

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

The Colorado housing and finance authority (CHFA), under the Colorado affordable tax credit program, may allocate income tax credits in an annual aggregate amount of up to $10 million for the years beginning on January 1, 2020, and ending on December 31, 2024. The bill extends this period to December 31, 2031.

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

Under current law, when a defendant is detained in jail on a municipal hold, the defendant must receive a hearing before the municipal court within 2 calendar days, excluding Sundays and federal holidays. Beginning January 1, 2023, the act requires the hearing to be held within 48 hours after the municipal court receives notice that the defendant is being held solely on a municipal hold.

The act makes clarifying changes to the district attorney assistance for bond hearings grant program and repeals the district attorney assistance for bond hearings cash fund.

The act decreases the 2022 long bill appropriation to the district attorney assistance for bond hearing cash fund by $600,000 and appropriates in the 2022 long bill $600,000 to the department of law for district attorney bond hearing grants. The act repeals the 2021 $150,000 appropriation to the district attorney assistance for bond hearing cash fund and appropriates for the 2021-22 fiscal year $150,000 to the department of law for district attorney bond hearing grants.

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

Section 1 of the bill states that if the state or a local government that is not already using automated vehicle identification systems (systems) wishes to begin using such systems, it must submit the matter to the voters of the state or the local government, as applicable, as a ballot question at a general election.

A governmental entity or its agent or a toll road or toll highway operator may use a system to assess tolls and charges and issue citations for violations relating to high-occupancy vehicle and high-occupancy toll lanes, to assess tolls and civil penalties for toll roads and highways, and to assess tolls and civil penalties for public highways.

On and after November 9, 2022, the state or a local government that generates revenue through the use of systems shall use the revenue for traffic safety or transportation-related projects.

Section 2 makes necessary conforming amendments and states that a driver against whom a penalty is assessed as a result of the use of a system may satisfy the penalty by paying the full amount of it to any of certain nonprofit agencies and providing proof of such payment to the entity that imposed the penalty.
(Note: This summary applies to this bill as introduced.)

The act prohibits a person from openly carrying a firearm within any polling location or central count facility, or within 100 feet of a ballot drop box or any building in which a polling location or central count facility is located, while an election or any related ongoing election administration activity is in progress. The designated election official responsible for any central count facility, polling location, or drop box involved in that election cycle shall visibly place a sign notifying persons of the 100-foot no open carry zone for firearms.

Exceptions are made for persons who own private property within the 100-foot buffer zone to carry a firearm on the private property; peace officers acting within the scope and authority of their duties to carry a firearm; and uniformed security guards employed by a contract security agency acting within the scope of the authority granted by and in the performance of a contractual agreement for the provision of security services with a person or entity that owns or controls the facility, building, or location.

Openly carrying a firearm inside or within 100 feet of a polling location, central count facility, or drop box is a misdemeanor, punishable by a maximum $1,000 fine, up to 364 days imprisonment in the county jail, or both; except that, for a first offense, the fine shall not exceed $250 and the sentence of imprisonment shall not exceed 120 days.

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

Under current law, municipalities and regional service authorities are authorized to file an application for dissolution of a special district with the board of directors of the special district. The act expands current law to authorize a board of county commissioners to file such an application if the special district is wholly located in the boundaries of the county and to file jointly with another board of county commissioners such an application if the special district is located in 2 or more counties. If more than 85% of the special district's territory is located within the boundaries of one or more municipalities, the board of directors of the special district shall not take any action on the application unless the governing bodies of all such municipalities have consented to or joined the application.

Current law also allows the governing body of a municipality and a special district wholly within the corporate limits of the municipality that has no financial obligations or outstanding debt to mutually consent to dissolution of the special district via a court order dissolving the special district without an election. The act expands current law to allow a board of county commissioners and a special district that is wholly within the county's boundaries to mutually consent to dissolution of the special district in the same manner via a court order dissolving the special district without an election; except that, if more than 85% of the special district lies within one or more municipalities, the governing bodies of all such municipalities also must consent to dissolution via court order without an election.

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

The act:

• Allows transmission providers to enter into contracts with public entities or private landowners to construct and maintain public recreational trails (powerline trails) covering a tract of land where transmission lines are or will be constructed (transmission corridor);
• Requires a public entity to coordinate with the division of parks and wildlife in the design and construction of a powerline trail to minimize adverse impacts to state and federally listed species and species and habitats of conservation concern;
• Requires a public entity to consider any issues unique to an area of significant rural character prior to constructing a powerline trail in the area;
• Requires transmission providers to develop and maintain informational resources to encourage the construction of new powerline trails;
• Requires a transmission provider, when siting or expanding a transmission line, to notify local governments of the potential for a powerline trail in the associated transmission corridor;
• Requires a transmission provider, when applying for a permit with a local government to develop in an area of state interest, to demonstrate compliance with the requirement to notify local governments of the potential for a powerline trail and to develop and maintain informational resources encouraging construction of new powerline trails;
• Requires the public utilities commission to amend its rules to also require electric public utilities in the state to consider plans for the construction of new powerline trails and with the requirement to develop and maintain informational resources on powerline trails;
• Requires the Colorado electric transmission authority (CETA) to arrange for the continuation of any existing powerline trail contracts before entering into a project or divesting a facility; and
• Requires the CETA to give priority for project solicitations to electric utilities and other entities that demonstrate an interest in continuing or creating a powerline trail.
  (Note: This summary applies to this bill as enacted.)

Current law requires an injured employee or someone else with knowledge of the injury to notify the employer within 4 days after the occurrence of an on-the-job injury, authorizes a reduction in compensation to the injured employee for failure to timely notify the employer, and tolls the 4-day period if the employer has failed to post a notice specifying the injured employee's notification deadline. The act changes the 4-day notice period to a 10-day notice period and prohibits a loss of compensation if the employer had actual notice of the injury or good cause is shown for the employee's failure to timely report the injury.

If an employer fails to provide a copy of the notice of the injury to the employee or fails to post the required notice to employees, the act specifies that the time period allotted to the employee to notify the employer of an injury is tolled for the duration of the failure.

The act also changes the notice that an employer is required to post in the workplace to require that the notice state the name of the insurer and that the:

• Employer is required to have and pay for workers' compensation insurance;
• Injured employee has rights under the law if the employer fails to carry workers' compensation insurance;
• Employee should notify employer if injured;
• Injury must be reported to the employer; and
• Employee may file a workers' compensation claim.

With regard to occupational diseases, the act also:

• Limits the ability of the director of the division of workers compensation to reduce compensation to an employee to circumstances where the employer does not have actual knowledge of the contraction of a disease or there is not good cause shown to provide timely notice of the disease; and
• Repeals the provision that states that an employer is deemed to waive a failure to give notice of an occupational disease or death resulting from the disease unless the employer objects at a hearing on the claim prior to any award or decision.
  (Note: This summary applies to this bill as enacted.)

The act establishes the "Colorado False Claims Act" (false claims act). Pursuant to the false claims act, a person is liable to the state or a political subdivision of the state for a civil penalty if the person commits, conspires to commit, or aids and abets the commission of any of the following (collectively, "false claims"):

• Knowingly presenting, or causing to be presented, a false or fraudulent claim for payment or approval;
• Knowingly making, using, or causing to be made or used a false record or statement material to a false or fraudulent claim;
• Having possession, custody, or control of property or money used, or to be used, by the state or a political subdivision and knowingly delivering, or causing to be delivered, less than all of the money or property;
• Authorizing the making or delivery of a document certifying receipt of property used, or to be used, by the state or a political subdivision and, with the intent to defraud the state or political subdivision, making or delivering the receipt without completely knowing that the information on the receipt is true;
• Knowingly buying, or receiving as a pledge of an obligation or debt, public property from an officer or employee of the state or a political subdivision who lawfully may not sell or pledge the property;
• Knowingly making, using, or causing to be made or used a false record or statement material to an obligation to pay or transmit money or property to the state or political subdivision, or knowingly concealing or knowingly and improperly avoiding or decreasing an obligation to pay or transmit money or property to the state or political subdivision; or
• Knowingly making, using, or causing to be made or used, a false record or statement resulting in the underpayment of unemployment premiums or the payment of unemployment insurance benefits of more than $15,000 in a calendar year.

A person who makes a false claim is liable to the state for a civil penalty of $11,800 to $23,600 per violation, plus 3 times the amount of the damages sustained by the state. A court may assess a reduced penalty if the person who makes a false claim furnishes to investigators all the information the person knows about the violation within 30 days after first learning of a potential violation, the person did not know about the investigation when the person furnished the information, and the person fully cooperated with the investigation as follows:

• If the person furnished the information prior to an action being filed, the person is subject to a civil penalty of $5,900 to $11,800 per violation, plus 1.5 times the amount of the damages.
• If the person furnished the information while a pending action was under seal, the person is subject to a civil penalty of $7,800 to $15,700 per violation, plus double the amount of the damages.

The civil penalty range amounts for a violation are annually adjusted for inflation, rounded upward or downward to the nearest ten-dollar increment and certified by the secretary of state. A person who makes a false claim is also liable for the costs incurred for the investigation and prosecution of the false claim.

The attorney general may accept from a person alleged to have made a false claim an assurance of discontinuance or a consent order approved by a court in lieu of, or as a part of, a false claims action. Proof by a preponderance of the evidence of a violation of an assurance or stipulation or consent order is prima facie evidence of a violation for the purposes of any civil action or proceeding brought by the attorney general after the alleged violation of the assurance or stipulation or consent order, whether a new action or a motion or petition in a pending action or proceeding.

The false claims act requires the attorney general to investigate false claims. The attorney general or a private person may bring a civil action against a person who made a false claim. The attorney general may intervene in an action brought by a private person. A private person who brings a false claims action may be awarded up to 30% of the proceeds from the action based on the extent the private person contributed to the investigation and prosecution of the false claim. If the private person is an employee of the state and learns information about the false claim in the course of the person's work, the court will award that amount to the state.

The false claims act requires that a false claims action be filed in a state district court or federal court with jurisdiction over the action. A court cannot hear a false claim action:

• Brought against a serving member of the general assembly, a member of the state judiciary, an executive director of a state agency, or an elected official in the executive branch of the state of Colorado, acting in the member's, executive director's, or official's official capacity;
• Brought against an elected official of a political subdivision, a member of a political subdivision's judiciary, of an appointed official of a political subdivision, acting in the official's or member's official capacity; or
• Based on the same allegations or transactions that are the subject of a different civil or administrative proceeding.

The false claims act prohibits retaliatory action against an individual because of the individual's efforts in furtherance of investigating, prosecuting, or stopping false claims. A court hearing a false claims action may hear a claim for retaliation against the individual.

The false claims act clarifies how information subject to a person's attorney-client privilege is protected, unless the privilege is waived, an exception to the privilege applies, or disclosure of the information is permitted by an attorney pursuant to certain federal regulations applicable to attorneys appearing and practicing before the federal securities and exchange commission, the applicable Colorado rules of professional conduct, or otherwise.

The false claims recovery cash fund (fund) is created and any proceeds retained by the state from a false claims action are transferred to the fund. Subject to annual appropriation, the department of law may use money in the fund for the costs of investigating and prosecuting false claims. Remaining proceeds are transferred to the fund from which the false claim was paid and the false claims act sets forth the process for paying to a political subdivision any proceeds recovered that are attributable to the political subdivision.

The false claims act requires the attorney general to annually submit a report to specified committees of reference about false claims actions during the previous fiscal year.

The act authorizes the state auditor to share information about potential false claims with the attorney general and a political subdivision.

The act appropriates $13,568 from the general fund to the legislative department for use by the office of the state auditor.

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

Under current law, juveniles who are 10 years of age and older can be prosecuted in juvenile court. The act requires the state department of human services to establish a pre-adolescent services task force to examine gaps in services for juveniles who are 10 years of age or older but under 13 years of age, if any, that would be created if the minimum age of prosecution of juveniles is increased from 10 years of age to 13 years of age, and to make recommendations for addressing any gaps in services identified. The task force shall create a report containing its recommendations made by December 30, 2022, and provide that report to the judiciary committees of the house of representatives and the senate, and to the public and behavioral health and human services committee of the house of representatives and the health and human services committee of the senate, or any successor committees.

For the 2022-23 fiscal year, the act appropriates $105,000 from the general fund to the state department of human services for use by the division of child welfare.

For the 2022-23 fiscal year, the act appropriates $9,433 from the general fund to the legislative department for use by the general assembly for per diem and travel expenses.

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

The act requires that before a person conducts a controlled burn, the person must provide notice in accordance with any local rules and regulations and if there are no local rules and regulations, then the notice is provided to the local dispatch center, the county sheriff, and where applicable to the fire department (defined to include a fire protection district as well as a county, municipality, or metropolitan district or county improvement district that provides fire protection). The act also defines "controlled burn" to include specific types of burns that are intentionally started on private property that is not classified as agricultural land. The act requires the state treasurer to transfer $100,000 from the general fund to the local firefighter safety and disease prevention fund for need-based grants to volunteer fire departments.

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

Current law restricts the sale of malt, vinous, or spirituous liquors to between the hours of 7:00 a.m. and 2:00 a.m., and restricts the sale of fermented malt beverages to between the hours of 8:00 a.m. and 12 midnight.

The bill creates an extended service hours permit to authorize certain liquor licensees that are authorized to sell alcohol beverages for consumption on the licensed premises to sell alcohol beverages outside of these specified hours. A licensee must obtain a permit from both the state and local licensing authorities before operating during extended hours.
(Note: This summary applies to this bill as introduced.)

Under current law, a defendant is required to execute the defendant's signature on citations for a misdemeanor, petty offense, misdemeanor traffic offense, or traffic infraction to signify agreement to pay the penalties or appear in court. The act eliminates the defendant signature requirement.

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

The act requires the Colorado water conservation board (board) to develop a statewide program to provide financial incentives for the voluntary replacement of irrigated turf with water-wise landscaping (turf replacement program). The act defines water-wise landscaping as a water- and plant-management practice that emphasizes using plants with lower water needs. Local governments, certain districts, Native American tribes, and nonprofit organizations with their own turf replacement programs may apply to the board for money to help finance their turf replacement programs. The board will contract with one or more third parties to administer one or more turf replacement programs in areas where local turf replacement programs do not exist.

The state treasurer is required to transfer $2 million from the general fund to the turf replacement fund, which fund is created to finance the turf replacement program. The money is appropriated to the department of natural resources for use by the board to implement the turf replacement program, with $11,400 of the money reappropriated to the office of the governor for use by the office of information technology to provide information technology services to the department of natural resources.

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

The bill prohibits an employer from taking adverse action against an employee, including an applicant for employment, who engages in the use of:

• Medical marijuana on the premises of the employer during working hours; or
• Retail or medical marijuana off the premises of the employer during nonworking hours.

An employer is permitted to impose restrictions on employee use of medical or retail marijuana under specified circumstances.

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

Under the "Fair Campaign Practices Act" ("FCPA"), the candidate committees of candidates for statewide offices must submit a post-election report disclosing contributions and expenditures 30 days after the major election in election years. The committees of candidates for county, special district, and municipal offices must submit a post-election report 30 days after the primary election, where applicable, and 30 days after the major election in election years. Under the public official disclosure law ("PODL"), elected candidates and incumbents are required to file a personal financial disclosure statement and an annual update to the personal financial disclosure statement. Under the FCPA, candidates are required to file a disclosure statement.

The act changes the post-election report filing deadline from 30 days to 35 days and exempts a political party committee from the requirement of filing a report of a major contribution during an off-election year.

The act exempts candidates seeking reelection who have filed their annual update to the personal financial disclosure statement under the PODL from the requirement of filing a disclosure statement under the FCPA.

The act further clarifies that an incumbent seeking reelection who files an annual update to the personal financial disclosure statement under the PODL is exempt from the requirement of filing a disclosure statement under the FCPA.

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

The act requires the Colorado state patrol to develop an assessment report to identify the level of compliance by dealers, owners, keepers, or proprietors of a junk shop, junk store, salvage yard, or other secondhand property (applicable facility) with commodity metal transaction reporting requirements. The assessment report must encourage voluntary compliance and education concerning commodity metal transaction reporting requirements. The act requires applicable facilities to complete and submit the assessment report to the Colorado state patrol, and the state patrol is required to produce a summary of the reports received.

The act requires the state patrol to develop an inspection form for authorities to use when inspecting applicable facilities for compliance with commodity metal transaction reporting requirements. Upon completion of the inspection form, the agency completing the inspection shall send the form to the state patrol within 2 weeks of completing the inspection. The state patrol has to provide a summary of all the statewide inspections to the commodity metal task force. The task force shall consider the report at a public meeting.

The act creates the catalytic converter identification and theft prevention grant program to award grants to eligible recipients for public awareness campaigns regarding catalytic converter theft, catalytic converter theft prevention parts, assistance to victims of catalytic converter theft, and catalytic converter identification and tracking efforts.

The act appropriates $300,000 from the general fund to the department of public safety for use by the Colorado state patrol. The act appropriates $105,871 from the highway users tax fund to the department of public safety for use by the executive director's office to purchase information technology services.

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

Colorado law regulates the manufacturers, sellers, and installers of manufactured homes. This regulation includes requirements for the installation of manufactured homes, contract and disclosure requirements, and the registration, escrow, reimbursement, bonding, and inspections of the manufacturers, installers, and sellers. In addition, the state housing board (board) sets standards for the proper manufacture and installation of manufactured homes. The board consults with an advisory committee when promulgating rules.

The act adds tiny homes, which are typically manufactured, to this regulation on substantially similar terms. This includes adding 2 representatives of the tiny home industry to the advisory committee. The board is given the duty to regulate foundations for manufactured homes, tiny homes, and factory-built structures where no construction standards otherwise exist. Manufacturers are required to meet bonding and escrow requirements, and standards are set for payment from the bond or escrow account.

In addition to adding tiny homes to these provisions, the act addresses tiny home regulation in the following manner:

• The board must promulgate rules establishing specific standards for tiny homes. When a national or international standard is created, the board may use that standard. The board may modify these standards as necessary.
• The board must establish standards for connecting a tiny home to utilities, including water, sewer, natural gas, and electricity;
• A state electrical inspector or a local government may approve the connection of a tiny home for electric utility service if the tiny home is in compliance with applicable codes and standards for connection for electric utility service;
• A state plumbing inspector or a local government may approve the connection of a tiny home for water, gas, or sewer utility service if the tiny home is in compliance with applicable codes and standards for connection for water, gas, or sewer utility service; and
• Standards are set for promulgating rules governing tiny homes.

If a tiny home is approved for connection to utilities through the process described above, the tiny home may be connected to the appropriate utilities. Current law governing the connection to each utility is amended to avoid conflicts with the process established in the act.

Selling or installing a tiny home without complying with the act is declared a deceptive trade practice, which subjects a violator to damages in a lawsuit and civil penalties of:

• Up to $20,000 per violation;
• Up to $10,000 for violating a court order or injunction; and
• Up to $50,000 per violation if the victim is an elderly person.

Colorado law regulates mobile home parks, including notice requirements, lease termination limits and requirements, security deposit regulations, entry fee prohibitions, antitrust prohibitions, selling fee prohibitions, kickback prohibitions, retaliation prohibitions, regulation of how and if park rules are established, a right of first refusal when the owner wants to sell the mobile home park, a peaceful enjoyment right, and remedy provisions. The act includes tiny homes under these provisions.

Colorado law exempts manufactured homes from sales and use tax. The act adds tiny homes to this exemption. Tiny homes are classified as residential improvements for the purpose of property tax, which means the landowner will pay the lower residential tax rates on land that has a tiny home.

To implement the act, $227,612 is appropriated from the general fund to the department of local affairs and $86,946 is appropriated from the division of professions and occupations cash fund to the department of regulatory agencies.

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

Under current law, a defendant may be awarded reasonable attorney fees in tort actions if a case is dismissed on a motion of the defendant prior to trial. The act states that a defendant may not be awarded reasonable attorney fees in cases dismissed prior to trial in which the plaintiff brought non-frivolous claims in order to challenge precedent or for a similar reason.

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

The act makes it unlawful for a person to threaten, coerce, or intimidate an election official with the intent to interfere with the performance of the official's duties or with the intent to retaliate against the official for the performance of the official's duties. The prohibition does not apply to an enforcement action taken by the secretary of state to enforce state election laws or to an enforcement action take by a designated election official against an election judge who has violated a statute, a rule promulgated by the secretary of state, or the election judge's oath.

The act also prohibits a person from making the personal information of an election official or an election official's immediate family publicly available on the internet if the person knows or reasonably should know that doing so will pose an imminent and serious threat to the election official or the election official's immediate family. For the purposes of this restriction, "election official" is defined to include a county clerk and recorder, a municipal clerk, an election judge, a member of a canvassing board, a member of a board of county commissioners, a member or secretary of a board of directors authorized to conduct public elections, a representative of a governing body, or any other person contracted for or engaged in the performance of election duties.

An election worker may file a request with a state or local official to remove personal information from records that the official makes available on the internet. The request must include an affirmation under penalty of perjury that the election worker has reason to believe that the dissemination of the election worker's personal information on the internet poses an imminent and serious threat to the safety of the election worker. After receiving a request from an election worker, the state or local official is also required to deny access to the personal information in response to a request for records under the "Colorado Open Records Act"; except that a party to a record, settlement service, title insurance agency, mortgage servicer or mortgage servicer's agent, and an attorney engaged in a real estate matter may access records maintained by a county recorder, county assessor, or county treasurer. For purposes of this protection, "election worker" is defined to include a county clerk and recorder, county election staff, a municipal clerk, municipal election staff, the secretary of state, and the secretary of state's election staff but does not include an election judge or a temporary employee.

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

Under current law, public money may be deposited in or invested with banks and savings and loan associations that are protected by the federal deposit insurance corporation. The bill permits the deposit or investment of public money with a credit union that is federally insured by the national credit union administration.Section 1 of the bill authorizes credit unions to make loans to public entities, and section 2 authorizes the state commissioner of financial services to assess each credit union for the cost of monitoring compliance with laws that protect public deposits.Section 4 renames the "Savings and Loan Association Public Deposit Protection Act" the "Credit Union and Savings and Loan Association Public Deposit Protection Act" (deposit protection act), and sections 5 through 13 add references to credit unions throughout the deposit protection act.Section 15 amends the law allowing public entities to use depositories that are federally insured to include credit unions.Sections 3, 14, and 16 through 24 make conforming amendments to statute to authorize public entities or officials to deposit money with federally insured credit unions and to reflect the renaming of the deposit protection act.

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

The act creates 2 state grant programs:

• The local investments in transformational affordable housing grant program (affordable housing grant program), administered by the division of housing (DOH) in the department of local affairs (department); and
• The infrastructure and strong communities grant program (strong communities grant program), administered by the division of local government (DLG) in the department.

The affordable housing grant program provides grants to local governments and nonprofit organizations to enable such entities to make investments in their communities or regions of the state in transformational affordable housing and housing related matters. The strong communities grant program provides grants to eligible local governments to enable local governments to invest in infill infrastructure projects that support affordable housing.

The strong communities grant program requires a multi-agency group, comprised of DLG, the state energy office, and the department of transportation, with the assistance of stakeholders, to develop a list of sustainable land use best practices that will accomplish the goals of the grant program and improve a local government's viability in being considered for a grant award.

The act requires both DOH and DLG to develop policies, procedures, and guidelines governing the administration of the respective grant programs. The act specifies how grant funding is to be prioritized and eligible uses of grant money awarded under the grant programs.

The act creates 2 funds in the state treasury: The local investments in transformational affordable housing fund and the infrastructure and strong communities grant program fund. The act specifies requirements pertaining to the administration of these funds.

The affordable housing grant program is initially funded by a transfer to the local investments in transformational affordable housing fund of $138 million of money from the affordable housing and home ownership cash fund that originated from the federal coronavirus state fiscal recovery fund. The strong communities grant program is initially funded by a transfer to the infrastructure and strong communities grant program fund of $40 million of money from the affordable housing and home ownership cash fund that originated from the federal coronavirus state fiscal recovery fund.

Both grant programs are subject to reporting requirements specified in the act, and both grant programs are repealed, effective December 31, 2026.

For the 2022-23 state fiscal year, $431,985 is appropriated from various sources to the governor's office to implement the act.

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

The bill makes the unlawful possession of any material, compound, mixture, or preparation that weighs more than 4 grams and contains any amount of fentanyl, carfentanal, or an analog thereof a level 4 drug felony.

The bill creates an exemption to the unlawful possession of a controlled substance offense for employees, agents, or volunteers of certain agencies who are in possession of the controlled substance, including fentanyl, carfentanal, or an analog thereof, for the purpose of safe disposal of the controlled substance.

The bill makes the unlawful distribution, manufacturing, dispensing, or sale of a material, compound, mixture, or preparation containing fentanyl, carfentanal, or an analog thereof:

• A level 1 drug felony if it weighs more than 50 grams;
• A level 2 drug felony if it weighs more than 4 grams, but not more than 50 grams; and
• A level 3 drug felony if it weighs not more than 4 grams.

The bill makes it a level 1 drug felony if the defendant unlawfully distributed, manufactured, dispensed, or sold a material, compound, mixture, or preparation containing fentanyl, carfentanal, or an analog thereof, and a person died as a proximate cause of using or consuming it.

The bill makes a defendant a special offender, making them subject to a level 1 drug felony, if:

• The defendant introduced or imported into Colorado any material, compound, mixture, or preparation that weighs more than 4 grams and contains fentanyl or carfentanal; or
• The defendant unlawfully distributed, manufactured, dispensed, or sold a material, compound, mixture, or preparation containing fentanyl or carfentanal, and the defendant possessed pill or tablet manufacturing equipment with the intent to use the equipment in the manufacture of a controlled substance.

For certain offenses, the bill requires a court to order placement in a residential treatment facility for treatment of an addiction that includes fentanyl, carfentanal, or an analog thereof as a condition of probation if recommended pursuant to a substance abuse assessment. Furthermore, for certain offenses, a court is required to order a fentanyl education class, which is developed by the office of behavioral health.

The bill expands the list of eligible entities that are eligible for standing orders to receive opiate antagonists.

The bill creates immunity from civil liability for certain persons who or entities that act in good faith to furnish a non-laboratory synthetic opiate detection test to another person.

The bill requires a jail, upon release, to provide opiate antagonists and prescribe medication for an opiate use disorder to certain persons.

The bill requires community corrections programs to assess individuals residing in the programs for substance use withdrawal symptoms and develop protocols for medical detoxification monitoring, medication-assisted treatment, and other appropriate withdrawal management care.

The bill permits the correctional treatment board to direct money in the correctional treatment cash fund for drug overdose prevention, opiate antagonists, and non-laboratory synthetic opiate detection tests.

The bill permits a school district board of education, the charter school institute, or governing board of a nonpublic school to adopt and implement a policy to permit a school to acquire and maintain non-laboratory synthetic opiate detection tests and furnish them on school grounds.

For the 2022-23 fiscal year, the bill requires the appropriation of $20 million from the behavioral and mental health cash fund to the opiate antagonist bulk purchase fund.

For the 2022-23 fiscal year, the bill requires the appropriation of $300,000 to the department of public health and environment for the purchase and distribution of non-laboratory synthetic opiate detection tests to eligible entities.

The bill requires the department of public health and environment to develop and implement a statewide fentanyl prevention and education campaign.

The bill expands the types of entities that are eligible for a harm reduction grant and the permissible uses of the grant funds. For the 2022-23 fiscal year, the bill requires the appropriation of $6 million from the behavioral and mental health cash fund to the harm reduction grant program cash fund.

The bill requires a jail that receives funding through the jail-based behavioral health services program to develop protocols for medication-assisted treatment and withdrawal management care and develop and implement a policy that describes the provision of medication-assisted treatment to individuals upon release. For the 2022-23 fiscal year, the bill requires the appropriation of $3 million from the behavioral and mental health cash fund for these purposes.

The bill requires each managed service organization to evaluate current supply and necessary demand within its region for certain harm reduction and treatment services and report their findings to the general assembly.

The bill requires the legislative services agencies of the general assembly to perform a post-enactment review of certain criminal provisions 3 years following the act becoming law.

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

The act enacts the "Perfluoroalkyl and Polyfluoroalkyl Chemicals Consumer Protection Act" to establish a regulatory scheme that prohibits the sale or distribution of certain products that contain intentionally added perfluoroalkyl and polyfluoroalkyl chemicals (PFAS chemicals).

On and after January 1, 2024, a person shall not sell or distribute in the state any products in the following product categories if the products contain intentionally added PFAS chemicals:

• Carpets or rugs;
• Fabric treatments;
• Food packaging;
• Juvenile products; and
• Oil and gas products.

On and after January 1, 2024, a manufacturer of cookware sold in the state that contains intentionally added PFAS chemicals in the handle of the product or in any product surface that comes into contact with food, foodstuffs, or beverages is required to:

• List the presence of PFAS chemicals on the product label of the cookware; and
• Include a statement on the product label of the cookware that directs the consumer to a website with information about why PFAS chemicals were intentionally added to the product.

On and after January 1, 2024, a manufacturer of cookware is prohibited from making a statement that the cookware is free of PFAS chemicals unless no individual PFAS chemical is intentionally added to the cookware.

On and after January 1, 2025, a person shall not sell or distribute in the state any products in the following product categories if the products contain intentionally added PFAS chemicals:

• Cosmetics;
• Indoor textile furnishings; and
• Indoor upholstered furniture.

On and after January 1, 2027, a person shall not sell or distribute in the state any products in the following product categories if the products contain intentionally added PFAS chemicals:

• Outdoor textile furnishings; and
• Outdoor upholstered furniture.

The act includes products that do not contain intentionally added PFAS chemicals in the definition of "environmentally preferable products" for the purposes of state agency procurement.

The act also:

• Requires a person that uses class B firefighting foam that contains intentionally added PFAS chemicals (firefighting foam) to prohibit a release of the firefighting foam into the environment, fully contain the firefighting foam during its use, safely store the firefighting foam, and report certain information to the water quality spills hotline within 24 hours if there is a release of the firefighting foam into the environment;
• Requires a person that uses firefighting foam to report its use to the water quality spills hotline within 24 hours after the use;
• Authorizes the attorney general to enforce laws regulating firefighting foams that contain PFAS chemicals; and
• Extends to January 1, 2024, the effective date of an existing restriction on the use of firefighting foam that contains intentionally added PFAS chemicals at certain airports.
  (Note: This summary applies to this bill as enacted.)

Sections 1 and 5 of the act authorize the director of the division of professions and occupations (division) in the department of regulatory agencies to appoint or employ individuals who are licensed or, if not licensed, who demonstrate substantial work experience in the electrical, plumbing, or construction industry to:

• Conduct compliance checks to ensure compliance with licensing and supervisor-to-apprentice ratio requirements applicable to electricians and plumbers on projects throughout the state; and
• Prioritize for compliance checks projects that provide or will provide critical needs to state residents.

The act also:

• Specifies that only a homeowner performing work on the homeowner's home or a licensed master electrician or plumber who is either a registered electrical or plumbing contractor or directly employed by a registered electrical or plumbing contractor may apply for an electrical or a plumbing permit (sections 2 and 6);
• Prohibits a licensed master electrician or plumber who is not a registered electrical or plumbing contractor and who is working as an independent contractor from applying for an electrical or a plumbing permit (sections 2 and 6) and makes a violation of this prohibition specific grounds for discipline by the electrical or plumbing board, as applicable (sections 3 and 4);
• Requires the entity issuing the permit to verify that the applicant meets the qualifications to apply for the permit (sections 2 and 6); and
• Requires inspecting entity procedures to include a provision allowing the inspecting entity to request worker documentation indicating compliance with worker license requirements and the supervisor-to-apprentice ratio (sections 2 and 6).

Section 7 of the act appropriates $191,991 for the 2022-23 state fiscal year from the division of professions and occupations cash fund to the department of regulatory agencies to implement the act, allocated as follows:

• $127,110 for use by the division for personal services, including 2.0 additional FTE;
• $45,847 for the division's operating expenses; and
• $19,034 for the purchase of vehicle lease services, which amount is reappropriated to the department of personnel to provide vehicle replacement lease/purchase services.
  (Note: This summary applies to this bill as enacted.)

The act amends the "Workers' Compensation Act of Colorado" by:

• Creating a process for a claimant to receive advance payment for mileage expenses for travel that is reasonably necessary and related to obtaining compensable treatment, supplies, or services and that requires round-trip travel greater than 100 miles;
• Specifying how to determine the benefit amount for medical impairment when the amount payable using the schedule of injuries would exceed the amount payable for nonscheduled injuries;
• Increasing the maximum benefit payable for funeral and burial expenses;
• Requiring reporting by employers to the division of workers' compensation (division) in the department of labor and employment of active medical treatments necessary to cure and relieve an injury lasting for a period of more than 180 calendar days after the date of the injury; and
• Repealing the special funds board and moving the duties of the board to the director of the division.
  (Note: This summary applies to this bill as enacted.)

The act establishes a regulatory scheme that requires disclosure of certain chemical information for products used in downhole oil and gas operations (chemical disclosure information). The oil and gas conservation commission (commission) is required to utilize or develop a chemical disclosure website to collect and share certain chemical disclosure information with the public (chemical disclosure website).

On and after July 31, 2023, operators, service providers, and direct vendors that provide chemical products directly to an operator or service provider at a well site (discloser) for use in underground oil and gas operations (downhole operations) in the state must disclose to the commission:

• The trade name of the chemical product; and
• A list of the names of each chemical used in the chemical product.

The discloser must also provide the commission with a declaration that the chemical product contains no intentionally added perfluoroalkyl or polyfluoroalkyl chemicals.

For disclosers that were already selling, distributing, or using a chemical product for use in downhole operations in the state before July 31, 2023, the disclosure and declaration must be made at least 30 days before July 31, 2023. For disclosers that begin to sell or distribute a chemical product for use in downhole operations in the state, or that begin to use a chemical product in downhole operations in the state, on or after July 31, 2023, the disclosure and declaration must be made at least 30 days before the discloser begins selling, distributing, or using the chemical product.

If a manufacturer does not provide the disclosure information for a chemical product that it sells or distributes for use in downhole operations in the state to the discloser upon the request of the discloser or commission, the manufacturer must provide the commission with a trade secret form of entitlement for the chemical product. If, after making a request to the manufacturer, the discloser is unable to disclose the disclosure information, the discloser shall disclose to the commission:

• The name of the chemical product's manufacturer;
• The chemical product's trade name;
• The amount or weight of the chemical product; and
• A safety data sheet for the chemical product if it is available for disclosure by the discloser.

On and after July 31, 2023, an operator of downhole operations using a chemical product must disclose to the commission:

• The date of commencement of downhole operations;
• The county of the well site where downhole operations are being conducted;
• The unique numerical identifier assigned by the American Petroleum Institute to the well where downhole operations are being conducted and the US well number assigned to the well where downhole operations are being conducted; and
• The trade names and quantities of any chemical products the operator used in downhole operations.

The operator must also provide the commission with a declaration that the chemical product contains no intentionally added perfluoroalkyl or polyfluoroalkyl chemicals.

For downhole operations that commenced before July 31, 2023, and that will be ongoing on July 31, 2023, the disclosure and declaration must be made within 120 days after July 31, 2023. For downhole operations that commence on or after July 31, 2023, the disclosure and declaration must be made within 120 days after the commencement of downhole operations.

The commission will use the chemical disclosure information to create a chemical disclosure list for each well site, which will include an alphabetical list of names and Chemical Abstracts Service numbers of chemicals that will be used in downhole operations at the well site. The commission will post each chemical disclosure list on the chemical disclosure website. The commission shall provide the chemical disclosure list to the applicable operator within 7 days after the operator's disclosures.

The operator is required to disclose the chemical disclosure list to persons and entities near where downhole operations will be conducted. The disclosure of the chemical disclosure list to these persons and entities must be made within 30 days after the operator's receipt of the chemical disclosure list from the commission.

The commission will prepare and present an annual report to the general assembly that includes a list of chemicals used in downhole operations in the state in the prior calendar year.

For the 2022-23 state fiscal year, $61,500 is appropriated from the oil and gas conservation and environmental response fund to the department of natural resources (department) to implement the act, which amount is reappropriated to the office of the governor for use by the office of information technology to provide information technology services for the department.

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

Senate Bill 21-260, concerning the sustainability of the transportation system in Colorado:

• Created phased-in road usage fees on gasoline and diesel that increase from 2 cents per gallon for state fiscal year (FY) 2022-23, when they are first imposed, to 8 cents per gallon for FYs 2028-29 through 2031-32, and thereafter continue to increase to account for inflation; and
• Temporarily reduced the amount of the road safety surcharge, which is imposed annually when a motor vehicle is registered by $11.10 for registration periods beginning in 2022 and $5.55 for registration periods beginning in 2023.

The act delays the initial imposition of the road usage fees from July 1, 2022, to April 1, 2023, and increases the amount of the reduction in the road safety surcharge for registration periods beginning in 2023 from $5.55 to $11.10. The act also requires transfers to be made on July 1, 2022, to hold the department of transportation, counties, and municipalities harmless from the reductions in road usage fee and road safety surcharge revenue as follows:

• $47.1 million from the general fund to the state highway fund; and
• $31.4 million from the general fund to the highway users tax fund.

For implementation of the act, $5,850 is appropriated from the general fund to the department of revenue for use by the division of motor vehicles.

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

The act clarifies provisions in the "Workers' Compensation Act of Colorado" (workers' compensation act) relating to the release and disclosure of mental health records pertaining to an injured employee making a claim under the workers' compensation act (claimant).

The act:

• Defines "mental health records" psychological or psychiatric tests, including neuropsychological testing; other records prepared by or for a mental health provider; independent medical examination records, audio recordings, and reports that address psychological or psychiatric issues; division independent medical evaluation records and reports that address psychological or psychiatric issues; and records relating to the evaluation, diagnosis, or treatment of a substance use or abuse disorder;
• Requires a mental health provider to provide an insurer or employer, if self-insured, with mental health records, as necessary for payment, adjustment, and adjudication of claims involving psychological or psychiatric issues; to the employer, as necessary, to enable to employer to comply with applicable state and federal laws, rules, and regulations; and to the referring physician and any other relevant treating or evaluating providers;
• Prohibits the disclosure of mental health records to any person who is not reasonably necessary for the medical evaluation, adjustment, or adjudication of claims involving psychological or psychiatric issues, unless otherwise directed by order of the director of the division of workers' compensation (director) or an administrative law judge;
• Permits an insurer to release information from a claimant's mental health records to the claimant's employer concerning work restrictions and information necessary for the adjustment or adjudication of the claim, but prohibits the disclosure of the claimant's actual mental health records to third parties that do not need the information; and
• For a self-insured employer:
• Requires the employer to keep a claimant's mental health records separate from personnel files;
• Limits disclosure of the claimant's mental health records to a supervisor or manager to only information from the mental health records pertaining to work restrictions placed on the claimant; and
• Prohibits disclosure of the claimant's mental health records to any third party and redisclosure by the third party to any person who is not directly involved in adjusting or adjudicating claims involving psychological or psychiatric issues, unless the disclosure is otherwise ordered by the director or an administrative law judge.

The act authorizes the director to promulgate rules necessary for the implementation of the act.

The act requires a person providing mental health services under the workers' compensation act to be a licensed mental health provider.

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

On or before June 1, 2023, the executive director (executive director) of the Colorado department of public health and environment (department) must designate a nonprofit organization (organization) to implement and manage a statewide program (program) that provides recycling services to covered entities in the state, which are defined as residences, public places, small businesses, schools, hospitality locations, and state and local government buildings. The program is funded by annual dues (producer responsibility dues) paid by producers of products that use covered materials (producers). Covered materials are defined as packaging materials and paper products.

The act creates the producer responsibility program for statewide recycling advisory board (advisory board), which consists of members who have expertise in recycling programs and are knowledgeable about recycling services in the different geographic regions of the state.

Prior to the implementation of the program, the organization must:

• On or before September 1, 2023, hire an independent third party to conduct an assessment of the recycling services currently provided in the state and the recycling needs in the state that are not being met (needs assessment);
• On or before January 30, 2024, report the results of the needs assessment to the advisory board and the executive director;
• On or before March 15, 2024, submit and present the needs assessment to the joint budget committee; and
• On or before February 1, 2025, after soliciting input from the advisory board and other key stakeholders, submit a plan proposal for the program (plan proposal) to the advisory board and executive director.

The plan proposal will initially cover recycling services only for residential covered entities. The plan proposal must:

• Describe how the organization will meet certain convenience standards and statewide recycling, collection, and postconsumer-recycled-content rates (rates);
• Establish a funding mechanism through the collection of producer responsibility dues that covers the organization's costs in implementing the program and the costs of the department in overseeing the program;
• Establish an objective formula to reimburse 100% of the net recycling services costs of public and private recycling service providers (providers) performing services under the program;
• Provide a list of covered materials (minimum recyclable list) that providers performing services under the program must collect to be eligible for reimbursement under the program;
• Set minimum rate targets that the state will strive to meet by January 1, 2030, and January 1, 2035, and describe how the state can meet increased rates after 2035; and
• Describe a process and timeline, beginning no later than 2028, to expand recycling services to applicable nonresidential covered entities.

As part of the program, the organization must:

• Utilize and expand on providers' existing recycling services to provide statewide recycling services at no charge to covered entities for all covered materials on the minimum recyclable list;
• Develop and implement a statewide education and outreach program on the recycling and reuse of covered materials;
• Contract with an independent third party to conduct an annual audit of the program; and
• Submit an annual report to the advisory board describing the progress of the program (annual report).

On January 1, 2025, and each January 1 thereafter, as an alternative to participating in the program, a producer may submit an individual plan proposal to the advisory board. The advisory board will review and make recommendations on, and the executive director shall approve or reject, the individual plan proposal.

The act establishes the producer responsibility program for statewide recycling administration fund (fund). On or before June 30, 2026, and on each June 30 thereafter, the department will notify the organization of its costs in overseeing and enforcing the program, and the organization will transmit a portion of the producer responsibility dues to the fund for the purposes of reimbursing the department for its costs.

Effective July 1, 2025, a producer may not sell or distribute any products that use covered materials in the state unless the producer is participating in the program or, after January 1, 2029, as set forth in the final plan or another plan approved by the executive director.

The advisory board has the following duties:

• Advise the organization on the needs assessment;
• Review the needs assessment;
• Review the plan proposal and make recommendations to the executive director regarding its approval or rejection;
• Consult with the organization on any amendments to the plan proposal and then make recommendations to the executive director regarding approval or rejection of the amendments;
• Review the annual report submitted by the organization; and
• Consult with the organization on the development and updating of the minimum recyclable list.

The act establishes an administrative penalty for the organization's or a producer's violation of the relevant statutes and rules. The collected penalties are deposited into the recycling resources economic opportunity fund.

For the 2022-23 fiscal year, $119,130 is appropriated from the general fund to the department to implement the act, of which $20,503 is reappropriated to the department of law to provide legal services for the department.

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

The act requires each child care center, each family child care home, and each public school that serves any of grades preschool through fifth grade, on or before May 31, 2023, to test its drinking water sources by having a state-certified laboratory measure the lead content of water drawn from each drinking water source. Subject to available appropriations, each public school that serves students in sixth, seventh, or eighth grade shall satisfy this requirement on or before November 30, 2024.

Within 30 days after receiving the results of a test, a child care center, family child care home, or public school that serves any of grades preschool through eighth grade (P-8 school) must make the results, as well as any associated lead remediation plans, publicly available on the child care center's, family child care home's, or P-8 school's website, if applicable, and report the results to the water quality control commission (commission). The commission shall post the results on its public website within 30 days after receiving them. If the results of a test of a drinking water source show that water from the drinking water source contains lead in an amount of 5 parts per billion or more, a child care center, family child care home, or P-8 school must notify all employees and parents and guardians of students, discontinue use of the drinking water source, and take specific measures to address and remediate the drinking water source.

The act requires each child care center, family child care home, and P-8 school to create and maintain, for at least 5 years, records of its filter replacement activities, including when a filter is removed and when a new filter is installed, and any remediation efforts, including faucet replacements.

The act requires the department of public health and environment (department) to provide training to each child care center, family child care home, and P-8 school regarding water filter maintenance, flushing protocols, testing for lead, reporting processes for sampling reports, and other activities relevant to compliance with the act's new requirements.

The act allows a family child care home established before March 31, 2023, to opt out of the duty to comply with the act's requirements so long as the authorized representative of the family child care home provides written notice of such decision to the department on or before March 31, 2023. A family child care home established on or after March 31, 2023, may opt out of the duty to comply so long as the authorized representative provides written notice of such decision to the department within 6 months after the date upon which the family child care home is established.

A child care center or P-8 school is not required to satisfy the act's requirements if the child care center or P-8 school is classified as a public water system under the "Lead and Copper Rule" of the federal environmental protection agency and the child care center or P-8 school is in compliance with the requirements of the federal rule. However, the child care center or P-8 school is required to report annually to the commission the results of the testing of the center or P-8 school's drinking water sources pursuant to the federal rule.

The act creates the school and child care clean drinking water fund (fund) in the department and requires the department to expend money from the fund only to:

• Help child care centers, family child care homes, and P-8 schools comply with the act's requirements; and
• Reimburse child care centers, family child care homes, and P-8 schools as needed for costs associated with complying with the act's requirements.

The act prohibits the department from reimbursing a child care center, family child care home, or P-8 school for such costs if the child care center, family child care home, or P-8 school has already received reimbursement money from the fund and:

• None of the results of the required testing showed the presence of lead in an amount of at least 5 parts per billion; or
• If the results of such testing showed the presence of lead in an amount of at least 5 parts per billion, the child care center, family child care home, or P-8 school has also received reimbursement for any associated remediation efforts and a confirmation test of each drinking water source.

The act requires the commission, on or before December 1, 2023, and on or before each December 1 thereafter, to submit a report concerning the act's requirements to legislative committees of reference. The act also requires the department, on or before February 28, 2024, to report to the legislative committees of reference:

• The remaining balance in the fund as of the date of the report; and
• The department's determination as to whether the money remaining in the fund is sufficient to require public schools that serve any of grades 6 through 8 to comply with the requirements of the act.

The act's requirements are repealed, effective June 30, 2026.

For the 2022-23 state fiscal year, the act appropriates $2,648,019 from the general fund to the department to be used as follows:

• $673,286 for use by the drinking water program for personal services;
• $1,469,235 for use by the drinking water program for operating expenses; and
• $505,498 for the purchase of information technology services, which amount is reappropriated to the office of the governor for use by the office of information technology to provide information technology services for the department.

For the 2022-23 state fiscal year, the act appropriates $21,000,000 from the general fund to the fund, which money is reappropriated to the department to pay operating expenses.

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

The act requires the director of the Colorado energy office (office) and the executive director of the department of local affairs to appoint an energy code board (board) that will develop for adoption by counties, municipalities, and state agencies 2 sets of model codes. The director of the office and the executive director of the department shall also appoint an executive committee for the board. The board shall develop a model electric and solar ready code on or before June 1, 2023, and a model low energy and carbon code on or before July 1, 2025. The office shall, independent of the board, identify model green code language for adoption by counties, municipalities, and state agencies.

Every element of either model code adopted by the board must be approved by two-thirds of the board. If two-thirds of the board fail to adopt an element required by statute for either model code, the executive committee must vote on that element. An element of either model code must be approved by the majority of the executive committee to be adopted.

In the event of a conflict between the 2021 international energy conservation code, the 2024 international energy conservation code, the model electric ready and solar ready code, or any other model codes adopted by either a local government or divisions in the executive branch and either the Colorado plumbing code or the national electric code, the Colorado plumbing code or the national electric code prevails.

The act establishes when the office of the state architect, the division of housing, and the division of fire prevention and control must adopt and enforce codes that achieve equivalent or better energy performance than the codes adopted by the board as follows:

• On or before January 1, 2025, the office of the state architect, the division of housing, and the division of fire prevention and control shall adopt and enforce an energy code that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric and solar ready code developed by the board; and
• On or before January 1, 2030, the office of the state architect, the division of housing, and the division of fire prevention and control shall adopt and enforce an energy code that achieves equivalent or better energy and carbon emissions performance than the model low energy and carbon code developed by the board.

Likewise, the act establishes when municipalities and counties must adopt and enforce codes that achieve equivalent or better energy performance than the codes adopted by the board as follows:

• On or after July 1, 2023, and before July 1, 2026, municipalities and counties that update a building code shall adopt and enforce an energy code that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric and solar ready code developed by the board; and
• On or after July 1, 2026, municipalities and counties that update a building code shall adopt and enforce an energy code that achieves equivalent or better energy performance than the model low energy and carbon code language developed by the board.

However, rather than either the model electric and solar ready code or the model low energy and carbon code, a rural county that applies for and is not awarded a grant that significantly assists in energy code adoption and enforcement training is instead required to adopt and enforce an energy code that achieves equivalent or better energy performance than one of the 3 most recent editions of the international energy conservation code.

The act also creates 2 primary grant programs that will be administered by the office:

• The building electrification for public buildings grant program to provide grants to local governments, school districts, state agencies, and special districts for the installation of high-efficiency electric heating equipment; and
• The high-efficiency electric heating and appliances grant program to provide grants to local governments, utilities, nonprofit organizations, and housing developers for the installation of high-efficiency electric heating equipment in multiple structures within a neighborhood and the purchase of electrical installations and upgrades necessary to support the installation of high-efficiency electric equipment.

The clean air building investments fund, a continuously appropriated cash fund, is established by the act to fund the creation, implementation, and administration of both of these grant programs.

Lastly, the act also requires the following transfers from the general fund:

• $3 million to the energy fund created for the office to issue grants and provide training related to the 2021 international energy conservation code, electric and solar ready codes, and low energy and carbon codes;
• $150,000 to the energy fund created for the office for the costs associated with administering the board;
• $10 million to the clean air building investments fund for the creation, implementation, and administration of the building electrification for public buildings grant program; and
• $10,850,000 to the clean air building investments fund for the creation, implementation, and administration of the high-efficiency electric heating and appliances grant program.
  (Note: This summary applies to this bill as enacted.)

The bill makes the following modifications to statutory provisions governing special districts to increase the accountability of special districts to taxpayers:

• If a separate legal entity established by contract includes one or more special districts, requires the separate legal entity to file with the division of local government in the department of local affairs certain financial information pertaining to the special district. In such circumstances, the directors of the special district are also required to comply with oath and bond requirements for directors of special districts.
• Expands existing requirements on the information a metropolitan district must include on its public website to include information that is required by the service plan of the metropolitan district, by an ordinance or resolution adopted by the board of commissioners of a county, or by the governing body of a municipality, as applicable;
• Expands the applicability of statutory provisions governing the approval and oversight of special districts to specify that these provisions do not apply when a special district that was originally approved at any time thereafter becomes wholly included within the boundaries of one or more municipalities;
• Specifies information to be included in the financial plan that a new district submits along with its service plan;
• Removes an existing cap on the amount of the fee that a special district must pay the board of county commissioners for processing review of a service plan;
• For any proposed special metropolitan district that has any property within its boundaries that is zoned or valued for assessment as residential, enumerates certain acts that are disallowed for any service plan required to be filed by the district. A local government acting on a service plan is prohibited from approving a service plan for a special metropolitan district that permits any of these same acts the purchase of district debt by any entity with respect to which any director of the district has a conflict of interest necessitating disclosure .
• Clarifies requirements affecting the oversight by a municipality that is wholly contained within the boundaries of the municipality, especially in connection with an annexing municipality;
• Expands the circumstances under which material modifications of a special district's service plan are approved by the county or municipality, as applicable, to include the situation when the special district after initial approval of the plan becomes wholly included within the boundaries of a newly annexed municipality;
• Specifies that approval is also required for any action or omission of a special district that is materially inconsistent with the district's service plan. Expands the list of examples of acts or omissions necessitating approval.
• Authorizes a board of county commissioners for a district that lies entirely within the territorial boundaries of a county or the governing body of a municipality for a district that lies entirely within the boundaries of a municipality to impose a fee to offset the costs incurred by the county or municipality, as applicable, in reviewing the operations of the district and the district's compliance with its service plan. The fee is not payable more than once annually.
• Prohibits a member of the board of a district that approved the issuance of any debt while the member was serving on the board from thereafter acquiring any interest in the debt individually or on behalf of any organization or entity for which the board member is engaged as an employee, counsel, consultant, representative, or agent; except that this requirement does not apply to debt acquired indirectly through an investment fund if the member has no input into or control over the individual securities that the fund purchases;
• Prior to issuing debt to a director of a metropolitan district or to an entity with respect to which a director of a metropolitan district must make disclosure of a conflict of interest, the bill requires the board of the metropolitan district to receive a statement of a registered municipal advisor certifying that the interest rate of the debt does not exceed the lesser of:
• The interest rate allowed under a method of calculation specified in the bill; or
• The current market interest rate for the debt based on criteria determined by the municipal advisor, examples of which are listed in the bill;

• Requires all meetings of a board of a special district that are held solely at physical locations to be held at physical locations that are within the boundaries of the district or that are within the boundaries of any county in which the district is located, in whole or in part, without exceptions or the possibility of a waiver;
• Clarifies that the powers of the board of directors of any metropolitan district are limited by the district's service plan;
• On and after September 1, 2022, prohibits a metropolitan district from entering into any new contract or agreement as of that date to furnish covenant enforcement and design review services. On and after September 1, 2022, the bill prohibits a metropolitan district from renewing any existing agreement entered into prior to that date to furnish covenant enforcement and design review services. Upon the expiration of the agreement, the master association or similar entity contracting with the metropolitan district is required to assume covenant enforcement and design review services.
• Under current law, under specified circumstances, the board of county commissioners or the governing body of the municipality that has adopted a resolution of approval of the special district may require the board of the special district to file an application for a finding of reasonable diligence every 5 years. The bill makes this an annual requirement.
• Makes proof of the commission of such act by a preponderance of the evidence proof that the director has breached the director's fiduciary duty and the public trust.

(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 creates the connecting Coloradans experiencing homelessness with services, recovery care, and housing supports grant program (grant program), administered by the division of housing (division) in the department of local affairs (department).

The grant program provides grants to local governments and nonprofit organizations to enable those entities to make investments and improvements in their communities or regions of the state to address and respond to the needs of people experiencing homelessness.

The act requires the division to develop policies, procedures, and guidelines governing the administration of the grant program. The act specifies how grant funding is to be awarded and the eligible uses of grant money awarded under the grant program. The act specifies requirements for grant recipients.

The act creates the connecting Coloradans experiencing homelessness with services, recovery care, and housing supports fund (fund) in the department. The act specifies requirements pertaining to the administration of the fund. The act requires a transfer of $105 million from the economic recovery and relief cash fund to the fund to administer the grant program. The act allows for up to $5 million of the money appropriated to the fund to be used for data collection and outreach efforts.

The act sets forth specified reporting requirements pertaining to the grant program.

The act requires the department, in conjunction with the department of health care policy and financing, to report to the house of representatives public and behavioral health and human services committee and the senate health and human services committee, and to its committee of reference during its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing, any results, recommendations, and federal implications concerning any supportive housing pilot program currently being administered by the department in conjunction with the department of health care policy and financing.

The act requires the division to report on the activities of the grant program as part of the regular annual public report prepared by the division on affordable and emergency housing spending.

The act appropriates $9,218 to the office of information technology to provide information technology services for the department.

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

Under current law, an affordable housing developer in Colorado can qualify for state property tax exemptions for 15 years and federal income tax credits for 30 years. The act allows affordable housing projects to receive the Colorado state property tax exemptions for an extended period of 15 years to match the period available under federal law.

Under current law, the tax credit for environmental remediation of contaminated land (commonly referred to as the Brownfield credit) allows taxpayers to claim income tax credits for voluntary cleanup of contaminated land, known as brownfield, located in Colorado. Taxpayers can claim a transferable credit equivalent to 40% of the first $750,000 spent on remediation and 30% of the next $750,000 spent, for a maximum credit of $525,000 on remediation costs of $1.5 million or more. In addition, a "qualified entity", which is a county, municipality, or private nonprofit entity, is allowed an essentially identical transferable expense amount for expenses incurred in performing approved environmental remediation that can be transferred to a taxpayer as an income tax credit. The Colorado department of public health and environment (CDPHE) is authorized to certify a total of $3 million in both tax credits for each income tax year. The act:

• Extends the tax credit, which is set to expire on January 1, 2023, to January 1, 2025, for an additional 2 years;
• Increases the annual total cap on tax credits from $3 million to $5 million for calendar year 2022 and after;
• Expands the definition of "qualified entity" to include school districts, charter schools, special districts, institutions of higher education, and other quasi-governmental entities;
• Allows a taxpayer whose credit is tied to remediation of a site in a rural community to claim a credit equivalent to 50% of the first $750,000 spent on remediation and 40% of the next $750,000 spent;
• Eliminates some restrictions that taxpayers have on the transferability of credits, including a restriction that requires any transfer to occur within the first 2 years of receiving the tax credit and the requirement that the transferee certify that the taxpayer satisfied statutory requirements; and
• Requires a taxpayer and a transferee of a tax credit or transferable expense amount to jointly file a copy of the transfer agreement with CDPHE, specifies that such filing perfects the transfer, and clarifies that the transferee and the department of revenue can rely upon the certification by CDPHE of the ownership and the amount of the tax credit as being accurate.
  (Note: This summary applies to this bill as enacted.)

The bill creates the competitive transportation innovation grant program (grant program) in the department of education (department) to address the public school transportation shortage.

The bill allows school districts, charter schools, institute charter schools, the state charter school institute, boards of cooperative services, a consortium of school districts, tribal governments, local governments, and community organizations that partner with school districts (eligible applicants) to apply to the grant program. The state board of education (state board) shall select grantees who develop and implement innovative solutions, strategies, and services to address the public school transportation shortage. Eligible applicants shall serve students of color and students from under-resourced communities who are disproportionately impacted by the transportation shortage and struggle to access school districts of their choice and career pathway programs because of their limited access to transportation. The department operates the grant program. The grant program is a one-time grant program, but grantees have 2 years to spend the grant money.

If selected for a grant, a grantee is required to submit a report to the department on or before August 1, 2024, and to submit a second report on or before August 1, 2025. The report must include an explanation of the solutions, strategies, and services developed and implemented with the grant money as described in the grantee's grant application.

On or before August 30, 2024, and again on or before August 30, 2025, the department is required to submit a report summarizing information submitted by the grantee.

The bill requires the general assembly to appropriate money from the revenue loss restoration cash fund to address the public school transportation shortage resulting from the COVID-19 pandemic.

The bill repeals the grant program, effective July 1, 2026.

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

To provide additional funding for the community revitalization grant program, the act requires the state treasurer to transfer $20 million from the economic recovery and relief cash fund to the community revitalization fund on July 1, 2022. On and after the effective date of the act, for-profit entities and organizations are no longer eligible to receive grants through the program.

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

The bill creates a task force in the department of revenue to study the regulation of alcohol beverages. The task force is required to review the current statutes regulating alcohol beverages and make recommendations concerning how to modernize, clarify, and harmonize the statutes. The task force is required to report its findings to the general assembly by December 1, 2023.

The bill modifies laws governing the licensure of retail liquor stores and liquor-licensed drugstores and creates the new beer-and-wine-licensed grocery store license.With regard to retail liquor store licenses, the bill:

• Removes the requirement that a new retail liquor store must be located a certain distance from an existing liquor-licensed drugstore;
• Expands the minimum distance between a new retail liquor store and other existing retail liquor stores from 1,500 feet to 3,000 feet;
• Effective January 1, 2024, removes the requirement that only an employee of the retail liquor store may deliver alcohol beverages and instead allows delivery by any person who is authorized by the retail liquor store, subject to specified requirements including that the licensee or the authorized deliverer obtain a delivery permit from the state licensing authority and other requirements specified in state licensing authority rules; and
• Increases the maximum number of retail liquor store licenses that a person may own.

With regard to liquor-licensed drugstore licenses, the bill:

• Prohibits the state and local licensing authorities from issuing new liquor-licensed drugstore licenses after the date the bill takes effect and repeals provisions related to the ability of liquor-licensed drugstore licensees to obtain additional licenses;
• Allows a liquor-licensed drugstore licensed before January 1, 2022, to continue to renew the licensee's license, unless the license has converted to a beer-and-wine-licensed grocery store license;
• On January 1, 2026, converts every liquor-licensed drugstore license in effect on that date to a beer-and-wine-licensed grocery store license, unless the licensee chooses to remain a liquor-licensed drugstore, and eliminates the ability of those licensees that convert to a beer-and-wine-licensed grocery store license to sell spirituous liquors; and
• Effective January 1, 2024, removes the requirement that only an employee of the liquor-licensed drugstore may deliver alcohol beverages and instead allows delivery by any person who is authorized by the liquor-licensed drugstore, subject to specified requirements including that the licensee or the authorized deliverer obtain a delivery permit from the state licensing authority and other requirements specified in state licensing authority rules.

With regard to beer-and-wine-licensed grocery store licenses, the bill:

• Creates the new license, available on or after January 1, 2026, with requirements similar to the requirements applicable to liquor-licensed drugstores, to permit a grocery store that obtains the license to sell beer and wine only;
• Specifies that a beer-and-wine-licensed grocery store cannot be located within 1,500 feet of a retail liquor store;
• Allows a beer-and-wine-licensed grocery store to deliver beer and wine to its customers under the same requirements applicable to retail liquor stores and liquor-licensed drugstores;
• Allows a beer-and-wine grocery store to own multiple stores as follows: On and after January 1, 2026, and before January 1, 2027, a maximum of 8 stores; on and after January 1, 2027, and before January 1, 2032, a maximum of 13 stores; on and after January 1, 2032, and before January 1, 2037, a maximum of 20 stores; and on and after January 1, 2037, an unlimited number of additional stores;
• Allows a licensee licensed as a liquor-licensed drugstore on December 31, 2025, whose license converted to a beer-and-wine-licensed grocery store license on January 1, 2026, to transfer any spirituous liquors in its possession to a licensee authorized to sell spirituous liquors but prohibits the licensee from selling spirituous liquors;
• Permits a beer-and-wine-licensed grocery store to offer tastings on the licensed premises if authorized by the local licensing authority; and
• Defines "grocery store" as an establishment that generates at least 20% of its gross annual income from the sale of food items.

(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 creates the crime prevention through safer streets grant program (grant program) in the department of public safety (DPS). Local governmental agencies or local government in partnership with a community-based nonprofit organization can apply to DPS for grants for improvements designed to decrease crime and create safer streets.

The act directs DPS to establish policies and procedures for the grant program. It also creates an advisory committee to review grant requests and make recommendations to the executive director of DPS. The executive director reviews responses to the requests for proposals and grants and determines which local governmental agencies will receive money and the amount of each grant.

The act appropriates from the general fund $10.3 million to DPS for the grant program.

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

The act expands the purposes of the peace officers behavioral health support and community partnerships grant program to include hiring, contracting, or developing a remote network to provide behavioral health counseling, therapy, or other related support services to peace officers involved in job-related traumatic situations.

The act appropriates $3 million from the general fund to the peace officers behavioral health support and community partnership fund.

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

Under existing law, the court reminder program (program) provides reminders to criminal defendants and juveniles who have been alleged to have committed a delinquent act (collectively, "defendants") to appear at each of their scheduled court appearances.

The act requires every defendant to be automatically enrolled in the program and allows a defendant to opt out of the program. The act clarifies that defendants alleged to have committed traffic offenses are enrolled in the program. The program must use the best contact information available to the courts and provide at least 3 reminders, including one reminder the day before the court appearance. For court appearances that can be attended virtually, the final reminder must include a link to the virtual court appearance. The program must send reminders by text message, but may use another method if a defendant is unable to receive text messages.

The program is required to track the number of defendants that opt out of the program and to implement or recommend changes to improve participation. The judicial department is required to report information regarding reminders sent by methods other than text message.

The act requires the state court administrator to convene a working group to study best practices in court reminders, assess the effectiveness of the program, and recommend appropriate changes to the program to the state court administrator. In its annual State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act hearing, the judicial department is required to present the recommendations made by the working group, whether the recommendations were implemented, and the rationale for implementing or rejecting any recommendation.

Because defendants are automatically enrolled in the program, the act repeals provisions related to notifying defendants of the opportunity to enroll in the program.

The act appropriates $74,713 to the judicial department from the general fund to implement the act.

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

The bill prohibits a law enforcement officer or an agent who assists, cooperates with, or otherwise facilitates a custodial interrogation ( interrogation) with a juvenile (law enforcement official) from using deception and false facts or beliefs (deception) to obtain a statement or admission from the juvenile. Any statement or admission obtained during the course of a juvenile custodial interrogation in which a law enforcement official knowingly uses deception is presumptively inadmissible against the juvenile in an evidentiary hearing unless the prosecution proves by clear and convincing evidence that the statement or admission was made voluntarily.

The bill requires law enforcement officials to electronically record all juvenile custodial interrogations.The bill instructs the P.O.S.T. board to develop an in-person interactive training program for peace officers on the uniform standards regarding interrogations of juveniles. The training must provide education for peace officers on juvenile development and culture and its impact on interrogations; interpreting juvenile behavior during an interrogation; techniques for building and establishing rapport during an interrogation; constructing age appropriate questions; and cautions and considerations for interrogating juveniles in custody.

(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.)

In order to enable the streamlining of the imposition, collection, and administration of sales and use taxes imposed by local taxing jurisdictions on retail sales made by retailers that have a state standard retail license and either do not have physical presence within a local taxing jurisdiction or have only incidental physical presence within a local taxing jurisdiction through the streamlining of application requirements for and elimination of fees for local general business licenses, the act requires the department of revenue (department) to require sufficient information to be collected from such a retailer, when the retailer applies for or renews a state standard retail business license through the state's electronic sales and use tax simplification system (SUTS) or by other means or at any other time to the extent necessary, and made available to local taxing jurisdictions to ensure that concerns of local taxing jurisdictions, including but not limited to concerns relating to administrative efficiency, retailer compliance, and collection of sales and use tax revenue, are addressed. The department is required to consult with local taxing jurisdictions when determining what information to collect and how to make the information collected available to local taxing jurisdictions. The department is also required to consult with retailers and to address any reasonable concerns that they may have. The department is required to accomplish these tasks expeditiously so that no later than July 1, 2023, and sooner if feasible, a retailer that has a state standard retail license and either does not have physical presence within a local taxing jurisdiction or has only incidental physical presence can make retail sales within the local taxing jurisdiction without having to obtain a general business license from the local taxing jurisdiction.

On and after July 1, 2022, a local taxing jurisdiction is prohibited from charging a fee for a local general business license to a retailer that has a state standard retail license, makes retail sales within the local taxing jurisdiction, and either does not have physical presence within the local taxing jurisdiction or has only incidental physical presence within the local taxing jurisdiction. On and after July 1, 2023, a local taxing jurisdiction is prohibited from requiring such a retailer to apply separately to the local taxing jurisdiction for a general business license. A local taxing jurisdiction must automatically issue a general business license to such a retailer unless the local taxing jurisdiction has previously revoked a general business license held by the retailer for a violation of its local code.

For the 2022-23 state fiscal year, $2,100 is appropriated to the department for use by the taxation services division to implement the act.

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

Current law provides whistleblower protections for workers who raise a reasonable concern about health or safety related to a public health emergency. The act expands the protection to all health and safety concerns regardless of whether there is a declared public health emergency.

To implement the act, the act appropriates:

• $417,629 to the department of labor and employment, of which $386,579 is for use by the division of labor standards and statistics and $31,050 is for the purchase of legal services;
• $228,499 to the department of personnel, of which $125,000 is for use by the division of human resources for liability claims and $103,499 is for the purchase of legal services; and
• $134,549 to the department of law, reappropriated from the department of labor and employment and the department of personnel.
  (Note: This summary applies to this bill as enacted.)

The bill prohibits every public employee and every employee organization from directly or indirectly inducing, instigating, encouraging, authorizing, ratifying, or participating in picketing, a strike, work stoppage, or work slowdown (prohibited action) against any public employer and prohibits a public employer from consenting to or condoning a prohibited action.

In the event of a prohibited action by a public employee or the imminent threat of a prohibited action, the bill authorizes a public employer to seek an injunction from the district court. If the court finds that a prohibited action has occurred or unless enjoined will occur, the bill directs the court to enjoin the continuance or the commencement of the prohibited action. The bill also specifies that the court will hold a public employee or an employee organization that fails to comply with the injunction in contempt of court and specifies the punishments for public employees or employee organizations found to be in contempt of court.

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

The act requires a state or local government agency (agency), including an institution of higher education, that uses or intends to develop, procure, or use a facial recognition service (FRS) to file with its reporting authority a notice of intent to develop, procure, or use the FRS and specify a purpose for which the technology is to be used. For a state agency, the reporting authority is the office of information technology in the governor's office; for a local government agency, the reporting agency is the city council, county commission, or other local government agency vested with legislative powers. After filing the notice of intent, the agency must produce an accountability report that includes certain information and policies regarding the proposed use of the FRS. The act establishes requirements for the adoption, implementation, disclosure, and updating of accountability reports.

The act also requires an agency using an FRS to subject to meaningful human review any decisions that result from such use and produce legal or similarly significant effects concerning individuals. An agency must test the FRS in operational conditions before deploying the FRS in a context in which it will be used to make such decisions.

An agency using an FRS must conduct periodic training of all individuals who operate the FRS or who process personal data obtained from the FRS. An agency must maintain records that are sufficient to facilitate public reporting and auditing of compliance with the agency's facial recognition policies.

The act also prohibits a law enforcement agency (LEA) from:

• Using an FRS to engage in ongoing surveillance; conduct real-time or near real-time identification; or start persistent tracking unless the LEA obtains a warrant authorizing such use, such use is necessary to develop leads in an investigation, the LEA has established probable cause for such use, or the LEA obtains a court order authorizing the use of the service for the sole purpose of locating or identifying a missing person or identifying a deceased person;
• Applying an FRS to any individual based on the individual's religious, political, or social views or activities; participation in a particular noncriminal organization or lawful event; or any other characteristic protected by law;
• Using an FRS to create a record depicting any individual's exercise of rights guaranteed by the first amendment of the United States constitution and by section 10 of article II of the Colorado constitution;
• Using the results of an FRS as the sole basis to establish probable cause in a criminal investigation; or
• Substantively manipulating an image for use in an FRS in a manner not consistent with the FRS provider's intended use and training.

An agency must disclose its use of an FRS on a criminal defendant to that defendant in a timely manner prior to trial. In January of each year:

• Any judge who has issued or extended a warrant for the use of an FRS during the preceding year, or who has denied approval of such a warrant during that year, must report certain information to the state court administrator; and
• Any agency that has applied for a warrant or an extension of a warrant for the use of an FRS to engage in any surveillance must provide to the agency's reporting authority a report summarizing nonidentifying demographic data of individuals named in warrant applications as subjects of surveillance.

The requirements of the act do not apply to:

• An agency that is required to use a specific FRS pursuant to a federal regulation or order or that uses an FRS in partnership with a federal agency to fulfill a congressional mandate, fulfill aviation security directives, or comply with federal law; that uses an FRS in association with a federal agency to verify the identity of individuals presenting themselves for travel at an airport; or that uses an FRS in connection with a physical access control system in order to grant or deny access to a sterile area of an airport;
• The use of an FRS solely for research purposes by a state agency, so long as the use does not result in or affect any decisions that produce legal effects concerning individuals or similarly significant effects concerning individuals; or
• A utility.

The act also prohibits a school district or a public school, charter school, or institute charter school from contracting with a vendor for the purchase of, or services related to, an FRS until July 1, 2025. However, the prohibition does not apply to a contract:

• That was executed before the effective date of the act; or
• For the purchase of, or for services related to, a generally available consumer product that allows for the analysis of facial features in order to facilitate the user's ability to manage an address book or images for personal or household use.

The act also creates a task force for the consideration of FRSs (task force) and requires the task force to examine and report to the joint technology committee of the general assembly concerning the extent to which state and local government agencies are currently using FRSs and provide recommendations concerning the extent to which such agencies should be permitted to continue to do so, including certain specific considerations. The task force must submit a report on or before October 1, 2023, and on or before each October 1 thereafter, to the joint technology committee. The report must include a recommendation as to whether the scope of the issues for study by the task force should be expanded to include consideration of artificial intelligence other than FRSs, or even artificial intelligence itself, and whether the membership of the task force should be adjusted accordingly. The task force is repealed, effective September 1, 2027, subject to a sunset review by the department of regulatory agencies.

The act also states that an individual may authorize an agent to access and process the individual's personal data or other information held by a controller and that is otherwise accessible to the individual, and such an authorization does not constitute cybercrime.

For the 2022-23 state fiscal year, the act appropriates $11,109 from the general fund to the legislative department.

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

The bill implements a number of measures to protect pollinators and people throughout the state. Section 1 of the bill makes legislative findings.Section 2 restricts the use of pesticides on the grounds of a school, preschool program, child care center, or children's resident camp and requires that notification be sent when a pesticide is used at such a location. The executive director of the department of public health and environment may adopt rules to implement section 2.Section 3 requires the executive director of the department of natural resources or the executive director's designee (DNR executive director) to conduct a study on how to address pollinator decline and increase pollinator health in the state. In conducting the study, the DNR executive director shall consult with other state agencies and with scientists with expertise in pollinator health, ecological processes, biodiversity, native plants, and ecological land management. The DNR executive director shall submit a report of the study to the general assembly and the governor on or before January 1, 2024.Section 4 creates a pilot grant program in the department of agriculture to provide financial grants to agricultural producers to test the use of noncoated seed-applied systemic insecticide on their crops.Sections 5 and 6 require the commissioner of agriculture to adopt rules designating as restricted-use certain pesticides that contain an active ingredient belonging to the neonicotinoid class of insecticides or the sulfoxomine class of insecticides, but allowing the use of such pesticides in pet care, personal care, wood preservatives, and indoor pest-control products and products used on golf courses. The commissioner's rules will not affect the use of the restricted-use pesticides for agricultural purposes.Sections 7 through 10 authorize local governments to regulate pesticide use and remove certain preemptions regarding local government regulation of pesticide use.
(Note: This summary applies to this bill as introduced.)

Section 1 of the bill extends the powers of the initiative and referendum reserved to the people in the state constitution to the electors of special districts.Section 2 requires each developer-affiliated board (board) of a special district (district) to issue an agenda and board packet for each board meeting. The board must send the agenda and board packet by regular United States mail and by e-mail to each resident of the district along with a separate statement that expressly discloses to each resident the fact that the board has a conflict of interest with the residents and that residents of the district may serve on the board.

The bill also requires each board to send a self-nomination form to each resident of the district with each agenda and board packet with instructions that a resident may follow for completing the form and delivering the completed form to the manager and legal counsel of the district.

Immediately upon receiving a self-nomination form from a resident for a position on the board, the board must identify the board position to be terminated and immediately appoint the resident who submitted the self-nomination form to fill the position. A developer-affiliated position is immediately terminated upon receipt by the board of a self-nomination form from a resident. If self-nomination forms are received from residents in an amount that exceeds the positions on the board, the board is required to immediately call a special election to fill all of the developer-affiliated positions.

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

Section 1 of the bill requires that, beginning in 2023, each insurance company issued a certificate of authority to transact insurance business to prepare and file an annual report with the insurance commissioner providing a climate-risk assessment for the insurance company's investment portfolio from the previous 12 months. The commissioner of insurance is required to post the reports on the division of insurance's website. Section 1 defines "climate-risk assessment" as a determination of the economic and business risks that climate change poses to an investment that reports more than $100 million on its annual schedule T filing with the National Association of Insurance Commissioners (NAIC) participate in and complete the NAIC's "Insurer Climate Risk Disclosure Survey" or successor survey or reporting mechanism.Section 2 requires the board of trustees of the public employees' retirement association (PERA board ) to prepare a similar include as part of its annual investment stewardship report, and post it which report is posted on the PERA board's website , a description of climate-related investment risks, impacts, and strategies .Section 3 adds wastewater thermal energy equipment to the definition of "pollution control equipment", which equipment may be certified by the division of administration (division) in the department of public health and environment (CDPHE). Similarly, section 13 adds wastewater thermal energy to the definition of "clean heat resource", which resources a gas distribution utility includes in its clean heat plan filed with the public utilities commission.Section 3 4 updates the statewide greenhouse gas (GHG) emission reduction goals to add a 40% 65% reduction goal for 2028 2035 compared to 2005 GHG pollution levels and a 75% reduction goal for 2040 compared to 2005 GHG pollution levels.Section 4 defines a small off-road engine as a gasoline-powered engine of 50 horsepower or less used to fuel small off-road equipment like lawn mowers and leaf blowers. Section 4 phases out the use of small off-road engines by prohibiting their sale in nonattainment areas of the state on or after January 1, 2030, and by providing financial incentives to promote the replacement of small off-road engines with electric-powered, small off-road equipment before 2030.Section 11 establishes a state income tax credit in an amount equal to 30% of the purchase price for new, electric-powered, small off-road equipment for purchases made in income tax years 2023 through 2029. Section 5 requires the air quality control commission (AQCC), on or before August 1, 2023, to adopt rules to reduce GHG emissions, at a minimum, from sources in the industrial and manufacturing sector that reported GHG emissions greater than 25,000 metric tons from 2020 pursuant to the AQCC rule commonly known as "regulation number 22".Section 6 7 gives the oil and gas conservation commission (COGCC) authority over class VI injection wells used for sequestration of GHG including through the issuance and enforcement of permits if the governor and COGCC have determined that the state has sufficient resources to ensure the safe and effective regulation of the sequestration of GHG gases in accordance with a study that the COGCC conducts . If the governor and COGCC determine there are sufficient resources, the COGCC may seek primacy under the federal "Safe Drinking Water Act" and, once granted, may issue and enforce permits for class VI injection wells. The COGCC shall require, as part of its regulation of class VI injection wells, that operators of the wells provide adequate financial assurance, which financial assurance must be maintained until the COGCC approves the closure of a class VI injection well site.Section 7 8 requires the commissioner of agriculture or the commissioner's designee, in consultation with the Colorado energy office , and the air quality control commission the AQCC, and an institution of higher education with expertise in climate change mitigation, adaptation benefits, and other environmental benefits related to agricultural research , to conduct a study examining carbon reduction and sequestration opportunities in the agricultural sector and in land management in the state, including the potential development of certified carbon offset programs or credit instruments. On or before December 15, 2022 October 1, 2024 , the commissioner of agriculture or the commissioner's designee is required to submit a report summarizing the study, including any legislative recommendations, to the general assembly. The commissioner of agriculture may adopt rules incorporating recommendations and any recommended carbon offsets may be incorporated into the AQCC's rules.

In support of the use of agrivoltaics, which is the colocation integration of solar energy generation facilities on a parcel of land with agricultural activities, section 8 9 authorizes the Colorado agriculture value-added development board (board) to provide financing, including grants or loans, for agricultural research on the use of agrivoltaics. Section 9 directs the state treasurer to transfer $1,800,000 per year through 2027 from the general fund to the agriculture value-added cash fund for implementation of agrivoltaics research. For a research project for which the board awards money to study the use of agrivoltaics, sections 5 and 8 6 and 9 require the director of the division of parks and wildlife to consult on the research project regarding the wildlife impacts of agrivoltaic use.Section 9 10 authorizes the board to seek, accept, and expend gifts, grants, and donations, including donations of in-kind resources such as solar panels, for use in agricultural research projects. Section 9 10 also updates the statutory definition of "agrivoltaics" to list additional agricultural activities on the parcel of land on with which solar panel generation facilities may be colocated integrated , including animal husbandry, cover cropping for soil health, and carbon sequestration.Section 10 11 amends the statutory definition of "solar energy facility" used in determining the valuation of public utilities for property tax purposes to include agrivoltaics.Section 12 establishes a state income tax credit in an amount equal to 30% of the purchase price for new, electric-powered, small off-road equipment, which is defined as a lawn mower, leaf blower, or trimmer, for purchases made in income tax years 2023 through 2029. The tax credit may be claimed by a seller of electric-powered, small off-road equipment that demonstrates that it provided the purchaser a 30% discount from the purchase price of the electric-powered, small off-road equipment.Section 14 appropriates for state fiscal year 2022-23:

• $81,429 from the oil and gas conservation and environmental response fund to the department of natural resources for use by the COGCC for the underground injection program;
• $145,789 from the general fund to CDPHE for use by the division for regulation of stationary sources; and
• $2,098,784 from the general fund to the department of agriculture for conservation services.

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

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

Under Colorado law, the public utilities commission (PUC) regulates transportation network companies, which are commonly known as ridesharing companies, and the services they provide to ensure that the services are provided in a safe manner and that the drivers are financially responsible. Prior to the act, ridesharing companies were exempt from regulation if they provided services to a school, a school district, the federal government, a state, a political subdivision of a state, or a tax-exempt entity. The act removes this exemption.

The act also requires ridesharing companies that provide school-related services and are paid by a school or school district to:

• Enter into a contract that includes safety provisions for student transportation;
• Use a technology-enabled integrated solution that provides end-to-end visibility using the global positioning system for the transportation network company, the student's legal guardian, and the person that scheduled the ride;
• Ensure that each driver providing the service receives training in mandatory reporting requirements, safe driving practices, first aid and cardiopulmonary resuscitation, education on special considerations for transporting students with disabilities, emergency preparedness, and safe pick-up and drop-off procedures; and
• Not use a driver who has been convicted of or pled guilty or nolo contendere to certain offenses.

The PUC is required to coordinate with the department of education to promulgate rules implementing minimum safety standards for transportation network companies when providing services provided under a contract with a school or school district.

A ridesharing company must notify the commission, the school or school district, and the student's legal guardian of any safety or security incidents that involve providing services for students to or from a school, school-related activities, or school-sanctioned activities. The commission is directed to promulgate rules implementing this requirement. In addition, the rules must require a ridesharing company to report information related to driver background checks, insurance coverage, and data reporting, consistent with the type of service provided, as it relates to service for students.

The PUC must review and, if necessary, update the rules once every three years.

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

The act establishes 3 new grant programs within the division of criminal justice (division) in the department of public safety:

• A multidisciplinary crime prevention and crisis intervention grant program to award grants to law enforcement, other local governmental agencies, federally recognized Indian tribes, community-based organizations, and third-party membership organizations or administrators to identify high-crime areas and to implement crime prevention and intervention strategies in those areas;
• A law enforcement workforce recruitment, retention, and tuition grant program to award grants to law enforcement agencies to address workforce shortages, improve training, and improve relationships between law enforcement and impacted communities; and
• A state's mission for assistance in recruitment and training (SMART) policing grant program to increase the number of P.O.S.T.-certified and non-certified law enforcement officers who are representative of the communities they police and provide training for those additional law enforcement officers.

The act directs the executive director of the department of public safety to establish policies and procedures and create advisory committees consisting of diverse members to review applications and make recommendations on who should receive grants and the amount of the grants.

The act requires the division to create a project management team to coordinate grant programs.

The act requires the division to host a statewide forum which may be facilitated by a national criminal justice organization to solicit suggestions on crime prevention measures related to the grant programs.

The act requires the general assembly to appropriate money for the grant programs in the 2022-23 and 2023-24 fiscal years, for the statewide forum in the 2022-23 fiscal year, and for the project management team in the 2022-23 and 2023-24 fiscal years. The act appropriates from the general fund:

• $300,000 to the division of criminal justice in the department of public safety to implement the act;
• $7.5 million to the multidisciplinary crime prevention and intervention grant fund;
• $3.75 million to the law enforcement workforce recruitment, retention, and tuition grant fund; and
• $3.75 million to the SMART policing grant fund.
  (Note: This summary applies to this bill as enacted.)

The act appropriates $25 million from the affordable housing and home ownership cash fund, which money originates from the general fund, to the department of local affairs (DOLA) for expansion of the middle income access program created and administered by the Colorado housing and finance authority (CHFA). The act requires the division of housing within DOLA to contract with CHFA for administration of the money appropriated.

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

The act creates the transformational affordable housing revolving loan fund program (loan program) in the division of housing (division) in the department of local affairs (department) as a revolving loan program in accordance with the requirements of the act and the policies established by the division. The loan program provides flexible, low-interest, and below-market rate loan funding to assist eligible recipients in completing the eligible loan projects identified in the act.

The division may administer the loan program or, if it determines that it would be more efficient and effective to contract out full or partial administration of the loan program, the division may enter into a contract with a third-party entity to administer the loan program.

Any loan made under the loan program by the state, any department, division, or agency of the state, or any administrator to a district, as defined in the TABOR amendment to the state constitution, must either be approved by the voters of the district in accordance with TABOR or be structured so that it is not a multiple-fiscal year direct or indirect district debt or other financial obligation whatsoever that requires voter approval under TABOR.

The act specifies eligibility requirements in order for projects to be funded under the loan program.

The division is required to establish and publicize policies for the loan program. The division is encouraged to consider prioritizing applications for funding that satisfy certain objectives specified in the act.

The transformational affordable housing revolving loan fund (fund) is created in the state treasury and the act specifies requirements pertaining to the administration of the fund.

On July 1, 2022, the state treasurer is required to transfer $150 million from the affordable housing and home ownership cash fund to the fund.

The division is required to report on the activities of the loan program as part of the regular annual public report prepared by the division on affordable housing spending undertaken by the state.

For the 2022-23 state fiscal year, the act appropriates $379,081 to the office of the governor for use by the office of information technology (OIT). The appropriation is from reappropriated money from the fund. To implement the act, OIT may use the appropriation to provide information technology services for the department.

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

The act establishes a revolving loan and grant program to provide assistance and financing to mobile home owners seeking to organize and purchase their mobile home parks. The division of housing (division) in the department of local affairs (department) is required to contract with at least 2, and not more than 3, loan program administrators, unless the division determines that there is only one qualified applicant during an open and competitive selection process, in which case the division may contract with a single administrator.

The administrators are required to use money provided by the loan program to make loans to mobile home owners seeking to purchase their mobile home parks. The division is required to establish a grant program to provide grants to nonprofit organizations that provide technical and other assistance to eligible home owners seeking to organize to purchase their mobile home parks. The division is also required to establish a grant program to provide grants to eligible home owners to support programs to ensure the long term affordability of a resident-owned park, including by stabilizing lot rents and limiting rent increases.

The mobile home park resident empowerment loan and grant program fund (fund) is created. The state treasurer is required to transfer $35 million of money from the affordable housing and home ownership cash fund that originates from the general fund to the fund. The money in the fund is continuously appropriated to the department to implement the loan and grant program; except that $384,019 is reappropriated to the office of the governor for use by the office of information technology to provide information technology services for the department and $29,571 is reappropriated to the department of law to provide legal services to the department.

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

The act expands the grant program administered by the Colorado bureau of investigation (CBI) that assists counties in implementing recovery programs for persons who wander (grant program). A recovery program for persons who wander (recovery program), currently known as a lifesaver program, is a program under which a participant has a device that may be used to assist in attempting to electronically locate the participant.

The act expands the grant program to apply to recovery programs established or maintained by counties and municipalities (local governments) or local government designees. The act also removes a limit on the amount of any single grant and a nonbinding intent statement regarding the maximum amount of money that the general assembly should spend on the grant program. Further, the act allows the executive director of the department of public safety to award grants to assist in maintaining and implementing recovery programs.

The act also requires the CBI to establish a website that lists those local governments and local government designees that have a recovery program, describes how to contact those local governments and local government designees, lists resources for caretakers of persons with medical conditions that cause wandering, provides procedures to follow when a participant of a recovery program is determined to be missing, describes how the technology used by the various local governments and local government designees for recovery programs works, and provides any other information the CBI may conclude is necessary to better explain and publicize recovery programs.

$100,000 is appropriated from the general fund to the recovery program for persons who wander cash fund for use by the CBI for operating expenses related to the Colorado crime information center and related personal services.

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

Section 1 of the act creates the industrial and manufacturing operations clean air grant program (clean air grant program) through which the Colorado energy office (office) awards grant money to private entities, local governments, tribal governments, and public-private partnerships for voluntary projects to reduce air pollutants from industrial and manufacturing operations.

Voluntary projects eligible for grant money include:

• Energy efficiency projects;
• Renewable energy projects;
• Beneficial electrification projects;
• Transportation electrification projects;
• Projects producing or utilizing clean hydrogen;
• Projects involving carbon capture at industrial facilities and direct air capture projects;
• Methane capture projects;
• Projects producing or utilizing sustainable aviation fuel; and
• Industrial process changes that reduce emissions.

Starting in 2025, the office is required to report annually on the progress of the clean air grant program, submit the report to the legislative committees with jurisdiction over energy matters, and post the reports on the office's website.

On June 30, 2022, the state treasurer shall transfer $25 million from the general fund to the industrial and manufacturing operations clean air grant program cash fund, which fund is created in the act. The fund may also consist of money from federal sources and from gifts, grants, and donations. The money in the fund is continuously appropriated to the office for its administration of the clean air grant program. The office may use up to 9% of the money in the fund for its administrative costs in implementing the clean air grant program.

The clean air grant program is repealed on September 1, 2029.

Section 1 also creates the cannabis resource optimization cash fund, which fund the office is required to administer to provide financial incentives for energy and water use conservation and sustainability practices in cannabis operations. The state treasurer is directed to transfer $1.5 million from the general fund to the cannabis resource optimization cash fund on July 1, 2022.

Section 2 creates the community access to electric bicycles grant program (electric bicycles grant program) through which the office awards grant money to local governments, tribal governments, and nonprofit organizations that administer or plan to administer a bike share program or an ownership program for the provision of electric bicycles in a community. Section 2 also creates the community access to electric bicycles rebate program (rebate program) through which the office provides rebates for purchases of electric bicycles and equipment used for commuting purposes to individuals in low- and moderate-income households, businesses, or nonprofit organizations (program participants) or bicycle shops that sell electric bicycles to program participants at discounted prices.

Starting in 2025, the office is required to report annually on the progress of the electric bicycles grant program and the rebate program, submit copies of the report to the legislative committees with jurisdiction over transportation matters, and post the report on the office's website.

On June 30, 2022, the state treasurer shall transfer $12 million from the general fund to the community access to electric bicycles cash fund (fund), which fund is created in the act. The fund may also consist of money from federal sources and from gifts, grants, and donations. The money in the fund is continuously appropriated to the office for its administration of the electric bicycles grant program and the rebate program. The office may use up to 9% of the money in the fund for its administrative costs in implementing the electric bicycles grant program and the rebate program.

The electric bicycles grant program and the rebate program are repealed on September 1, 2028.

Section 3 creates the electrifying school buses grant program (school buses grant program) through which the department of public health and environment (department), with technical assistance from the office, awards grant money to school districts, including schools operated by tribal governments, and charter schools, or nonprofit partners acting on behalf of a school district or charter school, to help finance the procurement and maintenance of electric-powered school buses, the conversion of fossil-fuel-powered school buses to electric-powered school buses, charging infrastructure, and upgrades for electric charging infrastructure and the retirement of fossil-fuel-powered school buses. The department of education is authorized to provide assistance to school districts and charter schools in applying for or implementing a project funded with grant money.

Starting in 2025, and every odd-numbered year thereafter, the department is required to report on the progress of the school buses grant program, submit copies of the report to the legislative committees with jurisdiction over education, energy and environment, and transportation matters, and post copies of the report on its website.

On June 30, 2022, the state treasurer shall transfer $65 million from the general fund to the electrifying school buses grant program cash fund (electric school buses fund), which fund is created in the act. The electrifying school buses fund may also consist of money from federal sources and from gifts, grants, and donations. The money in the electrifying school buses fund is continuously appropriated to the department for its administration of the school buses grant program. The department may use up to 8% of the money in the electrifying school buses fund for its administrative costs in implementing the electrifying school buses grant program.

The school buses grant program is repealed on September 1, 2034.

Section 4 updates the definition of "federal act" regarding the reference to the federal "Clean Air Act". Section 4 also updates the definition of "issue" with respect to an order, permit, determination, or notice issued by the division of administration in the department (division), to remove certified mail and add electronic mail as options to issue such order, permit, determination, or notice.

Section 5 clarifies that the statutory fee caps for fees collected by the air quality enterprise apply only to the annual stationary source emission fees. The statutory fee caps are $1 million for state fiscal year 2021-22, $3 million for state fiscal year 2022-23, $4 million for state fiscal year 2023-24, and $5 million on and after July 1, 2024.

Section 6 removes the requirement that the division make the forms on which a person provides details necessary for filing an air pollution emission notice available at all of the air pollution control authority offices.

Section 7 authorizes a person to seek judicial review of the division's failure to grant or deny a renewable operating permit until the division grants or denies the permit and authorizes the division to contract with third parties to perform permit application reviews, air quality monitoring reviews, or other work to support the division's air quality permit programs.

Section 8 extends the time within which the air quality control commission must grant or deny a request for a hearing from within 15 days after the request was made to within 30 days after the request was made and, if granted, requires the commission to set the hearing no later than 90 days after its first regularly scheduled meeting following receipt of the hearing request.

Existing law authorizes the commission to submit any additions or changes to the state implementation plan (SIP) to the administrator of the federal environmental protection agency (administrator) for conditional or temporary approval pending legislative council review of the additions or changes. Section 9 authorizes the commission to submit the changes or additions to the administrator as a provisional submission, pending possible introduction and enactment of a bill to modify or delete all or a portion of the commission's additions or changes to the SIP.

Section 11 appropriates from the general fund:

• $750,000 to the department of personnel for the costs of issuing free annual eco passes to state employees; and
• $7,000,000 to the department to finance the aerial surveying of pollutants, $90,725 of which is reappropriated to the office of information technology in the governor's office to provide information technology services to the department.

Section 11 also appropriates $44,365 from the electrifying school buses grant program cash fund to the department of education to provide technical assistance to school districts and charter schools applying for grant money from the school buses grant program and implementing projects awarded grant money.

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

Section 2 of the act creates the disaster resilience rebuilding program in the division of local government (division) in the department of local affairs. The disaster resilience rebuilding program's purpose is to provide loans and grants to homeowners, owners of residential rental property, businesses, governmental entities, and other organizations working to rebuild after a disaster emergency. The division may contract with a governmental entity, bank, community development financial institution, or other entity to administer the disaster resilience rebuilding program.

The division or an administrator is required to establish policies for administering the disaster resilience rebuilding program, including application requirements, eligibility requirements for applicants, maximum assistance levels, loan terms, equitable outreach, and any specific criteria for the allowable uses of the loans and grants. The division is required to prioritize applicants who demonstrate that their needs cannot be met by other sources of assistance.

Loans and grants may be used to:

• Subsidize costs to repair or rebuild a homeowner's primary residence that are insufficiently covered by the homeowner's insurance or by federal assistance programs, including costs of rebuilding to advanced fire resistance standards and to replant climate ready trees and vegetation;
• Repair or reconstruct housing stock in areas that are experiencing a shortage of available housing by housing authorities and nonprofit organizations working to repair or reconstruct housing stock, or by owners of rental housing who agree to requirements to provide affordable rent or temporary rental assistance to displaced renters;
• Rebuild neighborhoods in a manner intended to resist the impacts of natural disasters;
• Provide operating capital to a business experiencing a loss or interruption of business or to pay to repair or replace damaged business property and inventory;
• Reimburse governmental entities for costs associated with a declared disaster that are not covered by available federal assistance, including infrastructure repairs and replacement of lost revenue; or
• Assist eligible applicants in addressing other related unmet needs as allowed by division policies.

Section 2 also creates the disaster resilience rebuilding program fund. The state treasurer is required to transfer $15 million from the general fund to the fund after the effective date of the act. The money in the fund is continuously appropriated to the division for the rebuilding program.

Section 3 creates the sustainable rebuilding program in the Colorado energy office. The office is required to consult with the department of local affairs in creating the sustainable rebuilding program. The sustainable rebuilding program's purpose is to provide loans and grants to homeowners, owners of residential rental property, and businesses that are rebuilding after a wildfire or other natural disaster to cover costs associated with building high performing, energy efficient, and resilient homes and structures. The office may contract with a governmental entity, Colorado-based nonprofit green bank with history and expertise in providing loans and grants for energy efficiency projects and services, business nonprofit organization, bank, or community development financial institution to administer the sustainable rebuilding program.

The Colorado energy office or an administrator is required to establish policies for administering the sustainable rebuilding program, including application requirements, eligibility requirements for homeowners and businesses, maximum assistance levels, loan terms, equitable outreach, and any specific criteria for the allowable uses of the loans and grants.

The loans and grants may be used to:

• Install high-efficiency heat pumps for heating space or water;
• Achieve advanced energy certifications, including from Energy Star, the Passive House Institute U.S., the United States department of energy zero energy ready homes, or other similar programs;
• Achieve net zero energy or net zero carbon buildings with the addition of renewable energy generation;
• Assist with the costs of installing battery storage and electric vehicle charging stations;
• Cover the incremental costs of building to the most recent energy standard adopted by a local jurisdiction compared to the earlier version of the jurisdiction's energy code; and
• Support other similar uses identified by the office.

The act creates the sustainable rebuilding program fund. The state treasurer is required to transfer $20 million to the fund after the effective date of the act. The money in the fund is continuously appropriated to the office for the sustainable rebuilding program and for development of the disaster survivor portal that may be created as authorized by section 6.

Section 4 creates the office of climate preparedness in the governor's office. The office is required to coordinate disaster recovery efforts for the governor's office and to develop, publish, and implement the statewide climate preparedness roadmap (roadmap).

The office of climate preparedness may establish interagency and intergovernmental task forces and community advisory groups to inform and support the work of the office. The office may promote community engagement and information sharing and further efforts to implement the recommendations of the roadmap.

The office of climate preparedness is required to coordinate the implementation of the roadmap and may establish criteria for evaluating existing programs in all other state agencies to ensure implementation of the roadmap and its governing principles.

No later than December 1, 2023, the office of climate preparedness is required to prepare and publish and, every 3 years thereafter, update the roadmap. The roadmap must integrate and include information from all existing and future state plans that address climate mitigation, adaptation, resiliency, and recovery. The roadmap must build upon this previous body of work, seek to align existing plans, and identify any gaps in policy, planning, or resources. The roadmap must identify strategies for how the state will grow in population and continue to develop in a manner that meets certain goals specified in the act.

Section 5 requires the commissioner of insurance (commissioner) to conduct a study and prepare a report on methods to address the stability, availability, and affordability of homeowner's insurance in Colorado with a focus on stabilizing the market. The commissioner may contract with a third party and is required to consult with stakeholders in completing the study.

Section 6 removes the existing cap on the size of grants that the governor may provide to individuals to meet disaster-related expenses that cannot be met from other means of assistance. Section 6 also requires the office of emergency management to coordinate with the governor's office, federal agencies, and other state and local agencies to ensure that individual disaster assistance is delivered in a coordinated effort. The office of emergency management is authorized to create a disaster survivor portal in collaboration with the department of local affairs and the Colorado energy office. The portal may provide a coordinated method to access individual disaster assistance benefits, including from the disaster resilience rebuilding program and the sustainable rebuilding program.

Section 7 requires the division of fire prevention and control (DFPC) in the department of public safety to establish and maintain a statewide fire dispatch center for rapid responses to wildfires and all-hazard incidents.

Section 8 authorizes the center of excellence within the DFPC to develop and implement a Colorado team awareness kit. Section 8 also requires the transfer of $15,500,000 from the disaster emergency fund to the Colorado firefighting air corps fund for use by the DFPC to implement the statewide fire dispatch center and the team awareness kit and for the leasing of appropriate aviation resources for wildfire suppression. Section 9 requires the transfer of $2,700,000 from the disaster emergency fund to the capital construction fund for use by the DFPC for capital construction related to aviation resources for wildfire suppression.

The $2,700,000 transferred in section 9 is appropriated to the department of public safety in section 12 for capital construction related to aviation resources for wildfire suppression.

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

The act creates the "Infrastructure Investment and Jobs Act" cash fund (fund) and requires the state treasurer to transfer $80,250,000 to the fund. The money in the fund is subject to annual appropriation by the general assembly to the office of the governor (office) and to departments. Money in the fund is to be used, subject to approval by the governor, as the nonfederal matching funding necessary for the state or a local government to be eligible to receive federal approval and federal funds for certain categories of infrastructure projects allowed under the federal "Infrastructure Investment and Jobs Act". The office must establish a process for receiving, reviewing, and approving applications and awarding and distributing money from the fund. The office, as well as state departments receiving money from the fund, are subject to annual reporting requirements.

$60 million is appropriated from the fund to the office and to a department, as defined in the act, for the 2021-22 state fiscal year, and any money appropriated and not expended prior to July 1, 2022, is further appropriated through the 2026-27 state fiscal year.

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

Beginning July 1, 2023, the act grants the public employees of a county with a population of 7,500 people or more (county employees) the right to:

• Organize, form, join, or assist an employee organization or refrain from doing so;
• Engage in collective bargaining;
• Engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection;
• Communicate with other county employees and with employee organization representatives and receive and distribute literature regarding employee organization issues; and
• Have an exclusive representative at formal discussions concerning a grievance, a personnel policy or practice, or any other condition of employment.

The act clarifies that county employees may participate fully in the political process.

Additionally, the act:

• Grants the exclusive representative of county employees the right to access county employees at work, through electronic communication, and through other means, including employee orientations;
• Requires counties to honor county employee authorizations for payroll deductions for the exclusive representative;
• Clarifies that specific rights of county employers are not impaired unless otherwise agreed to in a collective bargaining agreement;
• Clarifies that nothing in a collective bargaining agreement restricts or usurps the existing authority granted to county commissioners;
• Requires the director of the division of labor standards and statistics in the department of labor and employment (director) to enforce, interpret, apply, and administer the provisions of the act and, in doing so, to adopt rules, hold hearings, and impose administrative remedies;
• Authorizes the director or any party of interest to request a district court to enforce orders made pursuant to the act;
• Sets forth the process by which an employee organization is certified and decertified as the exclusive representative of county employees;
• Sets forth the process by which an appropriate bargaining unit is determined; and
• Requires the county and the exclusive representative to collectively bargain in good faith.

The act states that the collective bargaining agreement is an agreement negotiated between an exclusive representative and a county, with the approval of the board of county commissioners of the county, that must:

• Be for a term of at least 12 months and not more than 60 months; and
• Provide a grievance procedure that culminates in final and binding arbitration.

The act prohibits a collective bargaining agreement from:

• Delaying the prompt interviewing of county employees under investigation;
• Permitting a county employee to use paid time for a suspension from employment;
• Permitting the expungement of disciplinary records under certain circumstances; and
• Imposing limits on the period of time for which a county employee may be disciplined for incidents of violence.

The act describes the dispute resolution process that the exclusive representative and a county must follow if an impasse arises during the negotiation of a collective bargaining agreement.

The act sets forth the actions taken during the collective bargaining process by a county or an exclusive representative that are unfair labor practices.

To implement the act, $326,092 is appropriated from the general fund to the department of labor and employment and from that appropriation, $59,142 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.)

Legislative Oversight Committee Concerning the Treatment of Persons with Mental Health Disorders in the Criminal and Juvenile Justice Systems. The bill establishes and expands programs within the division of housing in the department of local affairs (division) to build the capacity of communities across the state to provide supportive housing services to individuals with behavioral, mental health, or substance use disorders who are homeless or at risk of becoming homeless and who have contact with the criminal or juvenile justice system, including:

• Expanding statewide training and technical assistance to help communities develop and implement supportive housing programs for individuals who have behavioral, mental health, or substance use disorders who are homeless or at risk of becoming homeless and who have contact with the criminal or juvenile justice system. The program must be targeted to communities that currently face barriers to accessing existing state and federal funding for supportive housing programs.
• Establishing a predevelopment grant program that provides funding to entities working to develop supportive housing interventions for individuals who have behavioral, mental health, or substance use disorders who are homeless or at risk of becoming homeless and who have contact with the criminal or juvenile justice system. The grant money can be used to add new or additional staff capacity to allow the development and implementation of such programs. The division is required to prioritize applicants that will serve rural or frontier communities and to provide hands-on technical assistance to grant recipients. The division is required to consult with the office of behavioral health in the department of human services in implementing the grant.
• Establishing a supportive housing services and homelessness prevention grant program. Grant money can be used to cover the costs of providing supportive housing services that are currently not eligible for reimbursement through the state's medical assistance program. It can also be used to fund homelessness prevention projects for individuals who have behavioral, mental health, or substance use disorders who are homeless or at risk of becoming homeless and who have contact with the criminal or juvenile justice system. The division is required to prioritize applicants that will serve rural or frontier communities and provide hands-on technical assistance to grant recipients. The division is required to consult with the office of behavioral health in implementing the grant.
• Developing a plan to increase participation in regional homeless data systems, support accurate data reporting, and assess housing-related needs. The division must work with regional continuums of care to evaluate how to increase participation in data systems in communities across the state, identify technical needs and associated costs for doing so, and work with the office of behavioral health and other stakeholders to integrate or develop an integrated user interface for various data systems related to housing and supportive services. It must also enhance information about best practices and training materials available to communities across the state.
  (Note: This summary applies to this bill as introduced.)

The act creates the middle-income housing authority (authority) for the purpose of acquiring, constructing, rehabilitating, owning, operating, and financing affordable rental housing projects for middle-income workforce housing. The authority is governed by a board of directors composed of appointees by the governor with the consent of the senate. The bill specifies requirements governing the appointment of board members and other administrative details. The board must solicit project proposals by October 1, 2022. Rental units in affordable rental housing projects must provide middle-income workforce housing with stable rents.

The authority is a "public entity" and is a "special purpose authority" for the purpose of TABOR.

The authority is authorized to exercise the powers necessary to acquire, construct, rehabilitate, own, operate, and finance affordable rental housing projects, including but not limited to:

• The power to issue bonds in connection with its affordable rental housing projects payable solely from revenues from affordable rental housing projects and with no recourse to the state;
• The power to enter into public-private partnerships and to contract with experienced real estate professionals to develop and operate affordable rental housing projects;
• The power to employ its own personnel or contract with public or private entities, or both, for services necessary or convenient to the conduct of all of the authority's activities;
• To provide assistance to tenants in its rental housing to enable a transition to home ownership; and
• To establish one or more controlled entities to carry out its activities.
  (Note: This summary applies to this bill as enacted.)

For the 2023 property tax year:

• Section 1 of the act reduces the valuation for assessment of nonresidential property, excluding agricultural and renewable energy production nonresidential property, from 29% of the actual value of the property to 27.9% of the actual value of the property;
• Section 2 reduces the valuation for assessment of residential property, including multi-family residential property, to 6.765% of the actual value of the property; and
• Sections 1 and 3 reduce the actual value used for purposes of the valuation for assessment of commercial real property by $30,000 and of residential real property by $15,000, but in either case to no less than $1,000.

For the 2024 property tax year:

• Section 1 continues the valuation for assessment of real and personal property that is classified as agricultural property or renewable energy production property at 26.4% of the actual value of the property;
• Section 2 establishes the valuation for assessment for all residential real property other than multi-family residential real property as the percentage of the actual value of such property determined by a calculation made by the property tax administrator as required by section 4; and
• Section 2 also establishes the valuation for assessment for multi-family residential real property as 6.8% of the actual value of the property.

Section 4 requires the adjustment of the ratio of valuation for assessment for all residential real property other than multi-family residential real property for the 2024 property tax year so that the aggregate decrease in local government property tax revenue during the 2023 and 2024 property tax years, as a result of the act, equals $700 million.

Section 5 requires the state treasurer to reimburse counties for the reduction in property tax revenue resulting from the act during the 2023 property tax year and requires the property tax administrator, using information provided by each county treasurer, to report this amount to the general assembly. The state treasurer is required to fully reimburse any county that:

• Had an increase of less than 10% in assessed value of real property between the 2022 and 2023 property tax years; and
• Has a population of 300,000 or fewer.

The state treasurer is also required to reimburse a county 90% of the amount of the reduction if the county:

• Had an increase of 10% or more in assessed value of real property between the 2022 and 2023 property tax years; and
• Has a population of 300,000 or fewer.

Lastly, the state treasurer is also required to reimburse any county that does not qualify for full or 90% reimbursement 65% of the amount of the reduction excluding the aggregate decrease in local government property tax revenue during the 2023 and 2024 property tax years, as a result of the act for municipalities, fire districts, health services districts, water districts, sanitation districts, school districts, and library districts in those counties. If municipalities, fire districts, health services districts, water districts, sanitation districts, and library districts in those counties had an increase of less than 10 % in assessed value of real property between the 2022 and 2023 property tax years, the state treasurer is required to reimburse the entire amount of the aggregate decrease in local government property tax revenue for those local governmental entities during the 2023 property tax years, as a result of the act. If municipalities, fire districts, health services districts, water districts sanitation districts, and library districts in those counties had an increase of 10% or more in assessed value of real property between the 2022 and 2023 property tax years, the state treasurer is required to reimburse 90% of the aggregate decrease in local government property tax revenue for those local governmental entities during the 2023 property tax years, as a result of the act. County treasurers must then distribute these reimbursements to the local governmental entities, excluding school districts, within the treasurer's county as if the revenue had been regularly paid as property tax. The lesser of $240 million of reimbursement or the amount of reimbursement that can be paid from such excess state revenues must be paid as a refund of state fiscal year 2022-23 excess state revenues that are not being refunded through specified existing refund mechanisms, and the rest of the reimbursement must be paid from the general fund.

For school districts, section 6 requires the state treasurer to transfer $200 million from the general fund to the state public school fund to offset school district property tax revenue reductions.

Section 5 also requires the property tax administrator to prepare a report that identifies the aggregate reduction in local government property tax revenue during the 2023 property tax year resulting from the act.

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