| Bill # |
BJ4C position | Position | Calendar Notification | Short Title | Sponsors | Bill Summary | Most Recent Status |
| HB23-1005 | Support | Support | NOT ON CALENDAR | New Energy Improvement Program Changes | J. Willford (D) | B. Titone (D) / S. Jaquez Lewis (D) | J. Marchman (D) | The commercial property assessed clean energy program (C-PACE) is part of the new energy improvement program. C-PACE allows owners of eligible real property to apply to the Colorado new energy improvement district (district) to finance certain energy efficiency improvements. The act allows owners to also apply to the district to finance resiliency improvements and water efficiency improvements.
Additionally, when the district approves a C-PACE application, an owner consents to the district levying a special assessment on an owner's eligible real property. Current law requires the district to notify district members and existing lienholders about the special assessment and the availability of a hearing to resolve any complaints or objections. After a hearing, current law further requires the district to pass a resolution resolving any complaints or objections. The act eliminates the requirements for the district to give notice about a hearing, conduct a hearing, and pass a resolution resolving complaints or objections. Instead of notifying district members and existing lienholders about the availability of a hearing, the act requires the district to send a notice of assessment, which specifies the amount of the special assessment to be levied on the eligible real property and explains that the special assessment constitutes a lien against the eligible real property.
APPROVED by Governor March 8, 2023
EFFECTIVE August 7, 2023
NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
| 3/8/2023 Governor Signed
|
| HB23-1006 | | Monitor | NOT ON CALENDAR | Employer Notice Of Income Tax Credits | M. Young (D) | L. Daugherty (D) / T. Exum (D) | The law has required an employer to provide its employees with an annual statement showing the total compensation paid and the income tax withheld for the preceding calendar year. The act requires an employer to also provide written notice of the availability of the federal and state earned income tax credits and the federal and state child tax credits at least once annually. An employer may send the written notice to employees electronically, including via e-mail or text message. The written notice must be in English and any other language the employer uses to communicate with employees and must include any additional content that the department of revenue prescribes.
APPROVED by Governor March 31, 2023
EFFECTIVE August 7, 2023
NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
| 3/31/2023 Governor Signed
|
| HB23-1017 | Support | Support | NOT ON CALENDAR | Electronic Sales And Use Tax Simplification System | C. Kipp (D) | R. Bockenfeld (R) / J. Bridges (D) | K. Van Winkle (R) | As part of an effort to simplify the sales and use tax system, the department of revenue (department) created the electronic sales and use tax simplification system (SUTS), which is a one-stop portal designed to facilitate the collection and remittance of sales and use tax. As soon as possible, but no later than January 1, 2025, the act requires the department to modify SUTS:
To populate a local account number on all returns and summary reports, if the retailer filing the return has a number and provides the number in SUTS;
By developing a simplified user interface for filing returns as an alternative to the current spreadsheet method;
To provide retailers with a bulk testing option for address files; and
To include additional use taxes, additional information about deductions, filtering options, and certain tabs.
With the exception of charges for payments by credit cards, the act prohibits the department from imposing a convenience fee or any other type of charge for a payment through SUTS and from passing those charges on to local taxing jurisdictions.
The act also requires the department to:
Create a campaign to promote SUTS for the purpose of increasing the awareness, participation, and compliance by retailers and local taxing jurisdictions; and
Solicit and consider feedback from interested stakeholders about enhancements to SUTS that lead to greater local taxing jurisdiction participation and greater compliance by retailers.
APPROVED by Governor June 5, 2023
EFFECTIVE August 7, 2023
NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
| 6/5/2023 Governor Signed
|
| HB23-1023 | Support | Support | NOT ON CALENDAR | Special District Construction Contracts | W. Lindstedt (D) | D. Wilson (R) / D. Roberts (D) | B. Gardner (R) | Public notice for bids on special district construction contracts is currently required when the contract cost is $60,000 or more. The act increases the notice threshold to $120,000 or more and requires the amount to be adjusted for inflation every 5 years.
APPROVED by Governor March 17, 2023
EFFECTIVE August 7, 2023
NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
| 3/17/2023 Governor Signed
|
| HB23-1032 | | | NOT ON CALENDAR | Remedies Persons With Disabilities | D. Ortiz (D) / R. Rodriguez (D) | The act creates exceptions to the general rule that a person must first exhaust the proceedings and remedies available to them before filing an action in district court based on an alleged discriminatory or unfair practice related to certain employment practices, housing practices, or discriminatory advertising for actions alleging discrimination in places of public accommodation and private actions to enforce laws that prohibit discriminatory housing practices.
The act also prohibits an individual with a disability from being excluded from participation in, or denied the benefits of services, programs, or activities provided by a place of public accommodation.
In addition, the act requires that, in certain civil suits, an individual with a disability is entitled to a court order requiring compliance with applicable provisions along with either actual monetary damages or a statutory fine.
APPROVED by Governor May 25, 2023
EFFECTIVE May 25, 2023 (Note: This summary applies to this bill as enacted.)
| 5/25/2023 Governor Signed
|
| HB23-1035 | | Monitor | NOT ON CALENDAR | Statute Of Limitations Minimum Wage Violations | M. Soper (R) |
The bill specifies that actions brought for violations of minimum wage laws must be commenced within 2 years after the cause of action accrues or, for a willful violation, within 3 years after the cause of action accrues.
(Note: This summary applies to this bill as introduced.)
| 2/14/2023 House Committee on Judiciary Postpone Indefinitely
|
| HB23-1039 | Support | Support | NOT ON CALENDAR | Electric Resource Adequacy Reporting | S. Bird (D) / R. Rodriguez (D) | F. Winter (D) | On or before April 1, 2024, and on or before April 1 of each year thereafter, an entity with an obligation to provide retail or wholesale electricity services in the state (load-serving entity) must file with the entity responsible for approving the resource plans or rates of the load-serving entity (regulatory oversight entity) an annual report detailing the adequacy of its electric resources (resource adequacy annual report).
On or before April 30, 2024, and on or before April 30 of each year thereafter, each regulatory oversight entity must submit any resource adequacy annual reports to the Colorado energy office (office). On or before July 1, 2024, and on or before July 1 of each year thereafter, the office must aggregate the resource adequacy annual reports received from the regulatory oversight entities into a statewide resource adequacy aggregate annual report.
If a load-serving entity participates in an active organized wholesale market, which is a regional transmission organization or an independent system operator established for the purpose of coordinating and managing the dispatch and transmission of electricity on a multistate or regional basis, or, if the load-serving entity is participating in a voluntary regional resource adequacy reporting program, the load-serving entity's obligation to provide a resource adequacy annual report terminates on the date that the load-serving entity begins participating in an organized wholesale market or in the year following the submission of a compliance report required by the program.
For the 2023-24 state fiscal year, the act appropriates $14,737 from the general fund to the office of the governor for use by the office for program administration.
APPROVED by Governor April 25, 2023
EFFECTIVE August 7, 2023
NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
| 4/25/2023 Governor Signed
|
| HB23-1045 | | Monitor | NOT ON CALENDAR | Employee Leave For Colorado National Guard Service | G. Evans (R) / B. Pelton (R) | N. Hinrichsen (D) | The act clarifies that a member of the Colorado National Guard or any other component of the military forces of the state who is an officer or employee of a public employer is entitled to a leave of absence from employment for training or active state military service for the equivalent of 3 weeks of work on the officer's or employee's regular work schedule each year. The officer or employee is entitled to use any paid leave available to the officer or employee or to use unpaid leave.
The act clarifies that a member of the Colorado National Guard or the reserve forces of the United States who is an employee of a private employer is entitled to a leave of absence from employment in order to receive military training with the United States armed forces for the equivalent of 3 weeks of work on the employee's regular work schedule each year. The employee is entitled to use any paid leave available to the employee or to use unpaid leave for the employee's period of absence for military training.
The act clarifies that a private employee is entitled to use any paid leave available to the employee or to use unpaid leave in order to engage in active service in the Colorado National Guard.
The act repeals the requirement that a public employee or officer not be physically or mentally disabled in order to be reinstated to the employee or officer's public position following a leave of absence for active military service.
APPROVED by Governor March 10, 2023
EFFECTIVE March 10, 2023 (Note: This summary applies to this bill as enacted.)
| 3/10/2023 Governor Signed
|
| HB23-1057 | Monitor | Monitor | NOT ON CALENDAR | Amenities For All Genders In Public Buildings | K. McCormick (D) | S. Vigil (D) / S. Jaquez Lewis (D) | Effective January 1, 2024, the act requires each newly constructed building and each building with qualifying restroom renovations that is wholly or partly owned by a state department, state agency, state institution of higher education, county, city and county, or municipality (public entity) to:
Provide a non-gendered restroom facility or a multi-stall non-gendered facility on each floor where restrooms are available in a newly constructed building and wherever a restroom is accessible to the public in a building in which a restroom is being renovated;
Ensure that all single-stall restrooms are not gender specific restrooms;
Allow for the use of multi-stall restrooms by any gender if certain facility features are met under the International Plumbing Code and the Colorado Fuel Gas Code;
Provide at least one safe, sanitary, and convenient baby diaper changing station that is accessible to the public on each floor where there is a public restroom in a newly constructed building and wherever a restroom is accessible to the public in a building in which a restroom is being renovated, in each gender-specific restroom if only gender-specific restrooms are available, and in each non-gendered single-stall or multi-stall restroom or provide such a changing station in an easily accessible location with equivalent privacy and amenities as a restroom;
Ensure that each baby diaper changing station is cleaned with the same frequency as the restroom in which it is located, or restrooms on the same floor or in the space if it is not within a restroom, and maintained, repaired, and replaced as necessary to ensure safety and ease of use.
Beginning July 1, 2024, but no later than July 1, 2026, a building that is wholly or partially owned or leased by a public entity must ensure that signage for the building or the portion of the building leased or owned by the public entity complies with the following signage requirements, subject to available appropriations:
Include signage indicating the presence of a baby diaper changing station with a pictogram that is void of gender in all restrooms with baby diaper changing stations, include signage with a pictogram void of gender in all non-gendered restrooms, and include signage with a pictogram void of gender in all single-stalled restrooms; and
Indicate in the central building directory, if such a directory exists, the location of any baby diaper changing station and of any non-gendered restroom with a pictogram void of gender.
The act requires the department of personnel to complete a survey that determines the number and locations of signs needed to comply with the act signage requirements and requires the survey be provided to the general assembly and the capital development committee. The requirements of the act pertaining to baby diaper changing stations and providing a non-gendered single-stall restroom or a non-gendered multi-stall restroom in specified locations do not apply:
To the extent that compliance with a requirement would result in failure to comply with applicable building standards governing the right of access for individuals with disabilities;
To a project that has already progressed through the design review process, budgeting, and final approval by the governing body that has final approval over capital construction project expenditures as of the effective date of the act, or to a building designated as a certified historic structure.
Beginning on July 1, 2025, the act requires a building that is wholly or partially owned by a public entity that is a newly constructed building that is accessible to employees or enrolled students, or a building undergoing a qualifying restroom renovation to:
Provide a non-gendered single-stall restroom or a non-gendered multi-stall restroom;
Ensure that any single-stall restroom is not a gender-specific restroom; and
Allow for the use of a multi-stall restroom by any gender if certain facility features are met pursuant to the International Plumbing Code or the Colorado Fuel Gas Code as adopted by the state plumbing board.
The act clarifies that an employee with a designated workplace in a public building may undertake the complaint process for alleged discriminatory or unfair practices including the failure to comply with providing the required amenities to all genders, as required, with the Colorado civil rights division charged with the enforcement of the Colorado anti-discrimination act.
For the 2023-24 state fiscal year, $450,000 is appropriated from the general fund to the department of personnel for use by the office of the state architect. To implement the act, the office may use $400,000 for statewide planning services and $50,000 for a restroom survey of state-owned buildings.
APPROVED by Governor May 24, 2023
EFFECTIVE August 7, 2023
NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
| 5/24/2023 Governor Signed
|
| HB23-1058 | | Monitor | NOT ON CALENDAR | Child-occupied Facility Lead-based Paint Abatement | R. Dickson / J. Buckner (D) | Current law defines "child-occupied facility" for the purposes of lead-based paint abatement as a building or portion of a building that is visited by a child on 2 or more days within any week, with each visit totaling 6 or more hours. The act reduces the total daily visit time to 3 or more hours.
APPROVED by Governor March 31, 2023
EFFECTIVE March 31, 2023 (Note: This summary applies to this bill as enacted.)
| 3/31/2023 Governor Signed
|
| HB23-1076 | Monitor | Monitor | NOT ON CALENDAR | Workers' Compensation | L. Daugherty (D) / J. Marchman (D) | Section 1 of the act increases the limit on medical impairment benefits based on mental impairment from 12 weeks to 36 weeks.
Section 2 removes language authorizing an employee to petition the division of workers' compensation in the department of labor and employment (division) for the replacement of any artificial member, glasses, hearing aid, brace, or other external prosthetic device, including dentures. The treating physician must deem such replacement necessary.
Section 3 allows an employee to request an expedited hearing when the employee's temporary total disability benefits end based on an attending physician's written release to return to regular employment.
Section 4 specifies that when a physician recommends medical benefits after maximum medical improvement, the benefits admitted by the insurer or self-insured employer are not limited to any specific medical treatment.
Current law requires an insurance carrier to provide an independent medical examiner and all other parties a complete copy of all medical records in its possession pertaining to an injury. Section 5 limits the medical records required to be provided to records relevant to the injury. Section 5 also specifies how the division is required to determine the amount and allocation of costs to be paid by the parties for an independent medical examination.
Section 6 allows a prehearing administrative law judge to issue interlocutory orders resolving disputes regarding the content and format of the independent medical examiner's medical record packet, indigency status, and the allocation of independent medical examiner costs.
Current law states that, in an unappealed case, a contingent attorney fee exceeding 20% of the amount of contested benefits is presumed to be unreasonable. Section 7 increases the amount to 25%.
For the 2023-24 state fiscal year, $731,640 is appropriated to the department of labor and employment from the from the workers' compensation cash fund for use by the division of workers' compensation in implementing the act.
APPROVED by Governor June 5, 2023
EFFECTIVE August 7, 2023
NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
| 6/5/2023 Governor Signed
|
| HB23-1078 | | Oppose | NOT ON CALENDAR | Unemployment Compensation Dependent Allowance | J. Willford (D) | S. Gonzales-Gutierrez / C. Hansen (D) |
The bill creates a dependent allowance for an individual receiving unemployment compensation (eligible individual) for each of the eligible individual's dependents. The dependent allowance starts on July 1, 2025 2026, is $35 per dependent per week, and increases annually for inflation if necessary. The bill defines "dependent" as a child of an eligible individual who receives at least half of the child's financial support from the eligible individual and who is:
Under 18 years of age; or
18 years of age or older and incapable of self-care because of a mental or physical disability.
The bill requires the division of unemployment insurance to report to the general assembly regarding the dependent allowance annually, beginning August 31, 2025 2026, and by August 31 of each year thereafter. The bill appropriates $655,530 to the department of labor and employment for the 2023-24 state fiscal year to implement the act.
(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.)
| 5/2/2023 Senate Committee on Business, Labor, & Technology Postpone Indefinitely
|
| HB23-1081 | | Monitor | NOT ON CALENDAR | Employee Ownership Tax Credit Expansion | W. Lindstedt (D) | R. Taggart (R) / N. Hinrichsen (D) | Under the law, a qualified business is allowed a tax credit in the amount of 50% of the costs to convert the qualified business to a form of employee ownership. The tax credit has been capped at $25,000 for converting a qualified business to a worker-owned cooperative or employee ownership trust and $100,000 for converting a qualified business to an employee stock ownership plan.
The act:
Increases the caps for converting a qualified business to a worker-owned cooperative or employee ownership trust from $25,000 to $40,000, and for converting a qualified business to an employee stock ownership plan from $100,000 to $150,000;
Expands the tax credit to include 50% of the costs of a qualified employee-owned business expanding its employee ownership by at least 20%, not to exceed $25,000;
Expands the tax credit to include 50% of the costs of a qualified business converting to or expanding an alternate equity structure, not to exceed $25,000. An alternate equity structure is a mechanism under which an employer grants to employees a form of employee ownership, including an employee stock ownership plan, LLC membership, phantom stock, profit interest, restricted stock, stock appreciation right, stock option, or synthetic equity.
Establishes certain minimum requirements for an alternate equity structure and requires the Colorado office of economic development in the office of the governor to develop guidelines for the types of employee ownership grants that qualify as an alternate equity structure; and
Specifies that a qualified business or qualified employee-owned business may apply for and claim only one credit for the conversion or expansion costs per tax year.
APPROVED by Governor May 23, 2023
EFFECTIVE August 7, 2023
NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
| 5/23/2023 Governor Signed
|
| HB23-1085 | | | NOT ON CALENDAR | Rural County and Municipality Energy Efficient Building Codes | M. Martinez / C. Simpson (R) |
Counties and municipalities are currently required to adopt and enforce certain energy efficient building codes concurrently with the updating of their existing building codes or, before July 1, 2023 only, concurrently with either the adoption or updating of their building codes. Counties and municipalities must adopt and enforce these specified model energy codes within particular time frames. A rural county, which is defined as a county with a population of less than 30,000 people, is permitted to adopt a less current model code if it has applied for and not been awarded a grant that significantly assists with energy code adoption and enforcement training. Section 1 of the bill extends the compliance periods for adoption and enforcement of the model energy codes by a rural county as follows:
An energy code that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric ready and solar ready code language developed by the energy board is not required prior to July 1, 2030, instead of being required concurrently with any county code building code update occurring on or after July 1, 2023, and before July 1, 2026;
An energy code that achieves equivalent or better energy and carbon emissions performance than the model low energy and carbon code developed by the energy board is not required prior to July 1, 2032, instead of being required concurrently with any county code building code update occurring on or after July 1, 2026; and
An energy code that achieves equivalent or better energy performance than one of the 3 most recent editions of the international energy conservation code is not required prior to July 1, 2025, instead of being required concurrently with any county code building code adoption or update occurring before July 1, 2023.
Section 2 defines a rural municipality as a municipality with a population of less than 10,000 people and extends the compliance periods for adoption and enforcement of the model energy codes in an identical manner to that outlined above for rural counties. The bill adds language allowing a rural municipality to adopt a less current model code if it has applied for and not been awarded a grant that significantly assists with energy code adoption and enforcement training.(Note: This summary applies to this bill as introduced.)
| 2/23/2023 House Committee on Energy & Environment Postpone Indefinitely
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| HB23-1090 | Oppose | Oppose | NOT ON CALENDAR | Limit Metropolitan District Director Conflicts | M. Weissman (D) / R. Rodriguez (D) |
For any proposed metropolitan district that has any property within its boundaries that is zoned or valued for assessment as residential, section 1 of the bill prohibits requires the service plan to include a prohibition on the purchase of district debt by any entity with respect to which any director of the district has a conflict of interest necessitating disclosure under current law. Section 2 prohibits a board of county commissioners from approving a service plan for such a metropolitan district unless the service plan includes the prohibition. Section 3 prohibits a court from considering a petition for the organization for such a metropolitan district unless the service plan includes the prohibition. Section 2 4 prohibits a member of the board of a metropolitan district that approved the issuance of any debt while the member was serving on the board from 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 unless the debt is acquired indirectly through an investment fund and the member has no input into or control over the individual securities that the fund purchases. Section 3 5 states that proof of a violation of the prohibition set forth in section 2 4 is proof that the violator has breached the actor'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.)
| 3/28/2023 Senate Committee on Local Government & Housing Postpone Indefinitely
|
| HB23-1096 | Support | Support | NOT ON CALENDAR | Wildfire Resilient Homes | M. Snyder (D) |
The bill expands the wildfire mitigation resources and best practices grant program to allow grant recipients to expend grant money on programs, education, and resources for ways in which houses located in areas of the state at high risk of wildfires may be built, rebuilt, or improved to make such houses more resilient to the risks posed by wildfires and requires the Colorado state forest service to promote the benefits of adopting the ways in which houses can be made more wildfire resilient.(Note: This summary applies to this bill as introduced.)
| 2/27/2023 House Committee on Agriculture, Water & Natural Resources Postpone Indefinitely
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| HB23-1118 | | Amend | NOT ON CALENDAR | Fair Workweek Employment Standards | E. Sirota (D) | S. Gonzales-Gutierrez / J. Gonzales (D) | F. Winter (D) |
The bill imposes requirements for certain types of employers with regard to:
The determination of employee work schedules;
Employee requests for changes to work schedules; and
Notices and posting of employee work schedules.
In addition to pay for hours worked by the employee, the bill requires certain types of employers to pay employees:
Predictability pay when an employer makes certain changes to an employee's work schedule;
Rest shortfall pay when an employee is required to work hours without a minimum period of rest after a prior shift;
Retention pay when an employer provides work hours to a new employee without first offering the work hours to existing employees; and
Minimum weekly pay in an amount that corresponds to 15% of the average weekly hours indicated on the employee's anticipated work plan, paid at the greater of the employee's regular rate of pay or the minimum wage, regardless of whether the employee works such hours.
The bill prohibits employers from discriminating or taking any adverse action against an employee based on the hours an employee is scheduled or actually works, the expected duration of employment, or the employee's desired work schedule. The bill also prohibits retaliation against an employee for attempting to exercise any right created in the bill. Employers are required to retain records demonstrating their compliance with the requirements of the bill.
A person who is aggrieved by a violation of the requirements of the bill may file a complaint with the division of labor standards and statistics (division) in the department of labor and employment or bring a civil action in district court. The division is authorized to investigate complaints and, upon determining that a violation occurred, to impose fines, penalties, or damages and award attorney fees and costs. The division is also authorized to bring a civil action to enforce the requirements of the bill. The bill includes protections for whistleblowers and establishes penalties for violations.
The director of the division is required to promulgate rules to implement the bill.
(Note: This summary applies to this bill as introduced.)
| 3/2/2023 House Committee on Business Affairs & Labor Postpone Indefinitely
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| HB23-1127 | | Monitor | NOT ON CALENDAR | Customer's Right To Use Energy | T. Winter (R) / M. Baisley (R) |
The bill prohibits a state agency, local government, or common interest community from limiting or prohibiting the use of natural gas, propane, solar photovoltaics, micro wind turbines, or micro hydroelectricity for generating electricity, cooking, heating water, or heating or cooling spaces in residences, units, or businesses.
(Note: This summary applies to this bill as introduced.)
| 2/9/2023 House Committee on Energy & Environment Postpone Indefinitely
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| HB23-1161 | Amend | Amend | NOT ON CALENDAR | Environmental Standards For Appliances | C. Kipp (D) | J. Willford (D) / L. Cutter (D) | F. Winter (D) | Current law establishes water and energy efficiency standards (standards) for certain appliances and fixtures sold in Colorado. Sections 1 through 7 of the act expand the appliances and fixtures that are subject to the standards and update the standards.
Specifically, section 4 updates standards for certain new appliances and fixtures that are sold, leased, or rented in Colorado on and after certain dates, including:
Showerheads, urinals, water closets, and certain faucets;
Certain lamps;
Commercial hot food holding cabinets;
Portable electric spas;
Residential ventilating fans; and
Spray sprinkler bodies.
Section 4 also creates new standards for certain new appliances and other fixtures that are sold or leased in Colorado on and after January 1, 2026, including:
Air purifiers;
Commercial ovens;
Electric storage water heaters;
Electric vehicle supply equipment;
Gas fireplaces;
Irrigation controllers;
Tub spout diverters and showerhead tub spout diverter combinations;
Certain residential windows, residential doors, and residential skylights; and
Thermostats.
Section 4 also removes standards for air compressors, general service lamps, and uninterruptible power supplies.
Section 5 requires the executive director (executive director) of the department of public health and environment (department) to promulgate rules on or before January 1, 2026, and every 5 years thereafter establishing standards for appliances and other devices that are not subject to the standards if certain conditions are met.
Section 6 exempts manufacturers of products subject to the standards from having to demonstrate that a product complies with the law if the product appears in the state appliance standards database maintained by the Northeast Energy Efficiency Partnerships or a successor organization. Section 6 also requires the executive director to verify major retailers' and distributors' compliance with the standards through online spot-checks, coordination with other states that have similar standards, or both. The executive director must deliver a report to the legislative committees of reference concerning the method and findings of the verifications, post the report on the department's website, and report any findings of violations to the attorney general.
Under current law, any person who sells or offers to sell in the state any new consumer product that is required to meet an efficiency standard but that the person knows does not meet that standard is subject to a civil penalty of not more than $2,000 for each violation, which amount is credited to the general fund. Section 7 credits any penalties imposed to the energy fund created in the Colorado energy office rather than to the general fund and specifies that each transaction or online for-sale product listing constitutes a separate violation.
Section 8 establishes the "Clean Lighting Act" to phase out the sale of general-purpose fluorescent light bulbs that contain mercury. With certain exceptions, on and after January 1, 2025, a person shall not manufacture, distribute, sell, or offer for sale in Colorado any linear florescent lamp or compact fluorescent lamp.
Section 9 establishes standards for heating and water heating appliances. With certain exceptions, on and after January 1, 2026, a person shall not manufacture, distribute, sell, offer for sale, lease, or offer for lease in Colorado any new water heater or fan-type central furnace unless the emissions of the product do not exceed certain limits on emissions. Section 9 also requires manufacturers to use certain testing protocols, display certain information on each product, and demonstrate compliance through one of 2 described means.
Section 9 also allows the executive director to promulgate rules updating any emission standard, definition, or test method for new water heaters or fan-type central furnaces in order to maintain or improve consistency with other comparable standards in other states so long as the updated version results in air quality that is equal to or better than air quality achieved using the prior standard. On or before January 1, 2030, the executive director must conduct an analysis to determine whether statewide greenhouse gas emissions from water heaters and fan-type central furnaces are declining in comparison to emission levels in 2023 in a manner that comports with the statewide greenhouse gas reduction goals. Unless the analysis determines that the emissions trajectory is consistent with achieving the statewide greenhouse gas reduction goals, the executive director shall propose to the air quality control commission rules to bring the emission levels in line with the reduction goals.
Sections 8 and 9 both require the executive director to verify major retailers' and distributors' compliance with the prohibitions through online spot-checks, coordination with other states that have similar standards, or both. The executive director must deliver a report to the legislative committees of reference concerning the method and findings of the verifications, post the report on the department's website, and report any findings of violations to the attorney general. If the attorney general has probable cause to believe that a violation occurred, the attorney general may bring a civil action on behalf of the state to seek the imposition of civil penalties, and any civil penalties are to be deposited in the energy fund.
For the 2023-24 state fiscal year, the act appropriates $49,730 to the department from the general fund to be used by the department as follows:
$5,848 for use by the division of environmental health and sustainability for administration and support; and
$43,882 for the purchase of legal services, which amount is reappropriated to the department of law to provide legal services for the department.
APPROVED by Governor June 1, 2023
EFFECTIVE August 7, 2023
NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
| 6/1/2023 Governor Signed
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| HB23-1169 | | | NOT ON CALENDAR | Limit Arrest For Low-level Offenses | J. Bacon (D) |
The bill prohibits a peace officer from arresting a person based solely on the alleged commission of a petty offense, except for petty theft, a drug petty offense, a class 2 traffic misdemeanor or comparable municipal offense, and all municipal offenses for which there is no comparable state misdemeanor offense, unless the location of the person is unknown and the issuance of an arrest warrant is necessary in order to subject the person to the jurisdiction of the court.
The bill does not limit a peace officer's authority to arrest a person for an alleged offense:
For which custodial arrest is statutorily required;
That is a victim rights act crime;
For a driving under the influence or a driving while impaired offense or a municipal offense with substantially similar elements;
That is a traffic offense involving death or bodily injury or a municipal offense with substantially similar elements;
That is eluding or attempting to elude a police officer or a municipal offense with substantially similar elements; or
That is operating a vehicle after circumventing an interlock device or a municipal offense with substantially similar elements.
The bill does not limit a peace officer's authority to execute an arrest warrant or require a court or sheriff as a matter of jail administration to verify compliance with the bill.
(Note: This summary applies to this bill as introduced.)
| 4/5/2023 House Committee on Judiciary Postpone Indefinitely
|
| HB23-1190 | Oppose | Oppose | NOT ON CALENDAR | Affordable Housing Right Of First Refusal | A. Boesenecker (D) | E. Sirota (D) / F. Winter (D) | S. Jaquez Lewis (D) | The act creates a right of first refusal of a local government to match an acceptable offer for the sale of a multifamily residential or mixed-use rental property consisting of 15 or more units in an urban county or 5 or more units in a rural or rural resort county (property). The right to the purchase of the property by the local government is effective on and after August 7, 2023 until August 1, 2028, is subject to the local government's commitment to using the property as long-term affordable housing, and, if the property is mixed-use, applies only to the residential portion of the property. The local government may assign its right of first refusal to a housing authority that is within the local government's jurisdiction, to a regional housing authority, or to the Colorado housing and finance authority subject to the limitation that the assignee make the same commitment to using the property as long-term affordable housing.
The act requires notices to be given by the seller to the local government and by the local government to the seller and to residents of the property. Upon receiving notice of intent to sell or of a potential sale of property, the local government has 7 calendar days to preserve its right of first refusal and an additional 30 calendar days to make an offer and must agree to close on the property within 60 calendar days if practicable but within not more than 90 calendar days of the execution of an agreement for the sale and purchase of the qualifying property; except that there are certain circumstances that may allow these periods to be tolled. Prior to the sale of a property, the seller is required to execute and record an affidavit in the real property records of the county in which the property is located certifying that either the rights and property interests of the local government have expired or been released or waived or that the local government or its assignee is the purchaser of the property.
The act allows certain sales of property to be exempt from the right of first refusal and the requirements established by the act for the right of first refusal. The act also allows the local government to waive its right of first refusal to purchase a property if the local government elects to disclaim its rights to any proposed transaction or for any duration of time or if there is a third-party buyer interested in purchasing the property with the same commitment to preserving or converting the property for long-term affordable housing that enters into an agreement with the local government concerning the third-party buyer's commitment to long-term affordable housing.
If the local government, its assignee, or a third-party buyer who has committed to preserving or converting the property for long-term affordable housing has acquired the property and maintained the property for long-term affordable housing for 50 years, the property may be converted to another use if the following conditions are met:
Notice is given to residents prior to the conversion;
Any displaced residents are provided with compensation for relocation; and
The local government, its assignee, or a third-party buyer who has committed to preserving or converting the property for long-term affordable housing guarantees the development or conversion of an equal or greater amount of units within the boundaries of the local government for long-term affordable housing and offers the units first to any residents displaced by the conversion of the property.
The act also provides that the attorney general's office has responsibility to enforce the provisions of the act and that the attorney general's office, the local government, or a mission-driven organization has standing to bring a civil action for violations of the right of first refusal established by the act. If a court finds that a seller or a third-party buyer that has entered into an agreement with the local government for the waiver of the local government's right of first refusal has materially violated the law with respect to the provisions of the right of first refusal, the court must award a statutory penalty of not less than $50,000 or an amount equal to 30% of the purchase or listing price of the property, whichever amount is greater.
VETOED by Governor June 6, 2023 (Note: This summary applies to this bill as enacted.)
| 6/6/2023 Governor Vetoed
|
| HB23-1192 | Oppose | Oppose | NOT ON CALENDAR | Additional Protections In Consumer Code | M. Weissman (D) / J. Gonzales (D) | R. Rodriguez (D) | Under current law, a person commits an unfair and unconscionable act or practice if the person engages in price gouging with regard to the sale or provision of certain goods or services during, and for a certain period after, a declared emergency disaster (disaster period). The act extends the disaster period from 180 days after the first declaration of the disaster to 180 days after the final declaration concerning the disaster expires.
The act also repeals and reenacts the "Colorado Antitrust Act of 1992" as the "Colorado State Antitrust Act of 2023" (antitrust act) and:
Establishes that the facilitation or aiding and abetting of another person's violation of the antitrust act is itself a violation of the antitrust act;
Authorizes the attorney general (AG) to request discovery from any person that the AG believes may in the future engage in, or has information related to, a violation of the antitrust act;
Authorizes the AG to deem investigatory or intelligence records related to the antitrust act available for public inspection and allows the AG to issue public statements or warnings regarding conduct forming the basis of the investigatory or intelligence records;
Authorizes a court, upon request of the AG, to compensate a person that has been injured from a violation of the antitrust act as part of a civil action that the AG brings on behalf of the person;
Increases the maximum civil penalty that a court may award for a violation of the antitrust act from $250,000 to $1,000,000 per violation; and
With regard to the statute of limitations for commencing a civil action under the antitrust act:
Clarifies that a cause of action accrues on the date of the last in a series of acts or practices that, in the aggregate, constitute a violation of the antitrust act; and
Tolls the statute of limitations for any civil action pertaining to an alleged violation of the antitrust act during the pendency of a federal proceeding regarding the conduct forming the basis of the alleged violation of the antitrust act.
APPROVED by Governor June 7, 2023
EFFECTIVE June 7, 2023 (Note: This summary applies to this bill as enacted.)
| 6/7/2023 Governor Signed
|
| HB23-1196 | | | NOT ON CALENDAR | Remedies At Law For Violating Colorado Youth Act | S. Lieder (D) / T. Sullivan (D) | The act amends the "Colorado Youth Employment Opportunity Act of 1971" (CYEOA) to allow aggrieved parties, including parents of children protected by the CYEOA, to pursue remedies at law and in equity for violations of the act, in addition to workers' compensation remedies, if:
An injury occurs to a minor during a week when the employer intentionally required the minor to work hours in violation of those allowed by the CYEOA; or
An injury occurs to a minor while the minor was engaging in work prohibited by the CYEOA.
The act clarifies that economic damages for claims in tort recovered by a party aggrieved by a violation of the CYEOA against the employer of a minor pursuant to the act must be reduced by the amount of compensation and benefits that the minor or the minor's dependents received for the same harm through the employer's workers' compensation insurance.
APPROVED by Governor June 7, 2023
EFFECTIVE July 1, 2023 (Note: This summary applies to this bill as enacted.)
| 6/7/2023 Governor Signed
|
| HB23-1240 | | | NOT ON CALENDAR | Sales Use Tax Exemption Wildfire Disaster Construction | K. Brown (D) | J. Amabile (D) / S. Fenberg (D) | The act creates a sales and use tax exemption for construction and building materials used directly in rebuilding or repairing a residential structure damaged or destroyed by a declared wildfire disaster in calendar year 2020, 2021, or 2022 (wildfire rebuild exemption). In addition to the state sales and use tax, the wildfire rebuild exemption extends to the sales and use taxes levied by the regional transportation district and the scientific and cultural facilities district. The exemption does not apply to the sales or use taxes levied by any other local government, including any city, town, county, special purpose district, or limited purpose governmental entity. The exemption is to be administered by the department of revenue (department) solely as a refund allowed to qualified homeowners. To be qualified, a homeowner must certify that:
The homeowner was the owner of the residential structure to be repaired or rebuilt (qualified residential structure) at the time it was damaged or destroyed by the declared wildfire disaster; and
The replacement cost for the qualified residential structure exceeds the homeowner's coverage under any homeowner's insurance policy associated with the structure.
A qualified homeowner may claim a refund by obtaining and submitting to the department a building permit and a wildfire rebuild exemption certificate for each qualified residential structure from the local government authorized to issue a building permit in the area in which the qualified residential structure is located. The amount of the refund is equal to 4.0% of the estimated construction and building materials cost for repairing or rebuilding the qualified residential structure. The estimated construction and building materials cost is the cost amount used by the local government to collect estimated use tax, as stated in the building permit. If no estimated use tax has been collected, the estimated construction and building materials cost is half of the total contract price or total cost for rebuilding or repairing the qualified residential structure.
The act amends the 3-year statute of limitations for state sales and use tax refund claims to allow a qualified homeowner to claim a refund based on the wildfire rebuild exemption at any time on or before June 30, 2028. The act also requires the department to prioritize refund applications based on the wildfire rebuild exemption over refund applications submitted pursuant to other provisions of law.
For the 2023-24 state fiscal year, $72,267 is appropriated from the general fund to the department for use by taxation services to implement the act.
APPROVED by Governor May 12, 2023
EFFECTIVE May 12, 2023 (Note: This summary applies to this bill as enacted.)
| 5/12/2023 Governor Signed
|
| HB23-1246 | Support | Support | NOT ON CALENDAR | Support In-demand Career Workforce | J. McCluskie (D) | R. Pugliese (R) / J. Buckner (D) | P. Will (R) | The act directs the state board of community colleges and occupational education (board) to administer the in-demand short-term credentials program (program) to support the expansion of the number of available and qualified professionals who are able to meet Colorado's in-demand workforce needs. Under the program, the board is required to allocate funds to community and technical colleges, area technical colleges, local district colleges, and Colorado Mesa university to provide assistance to students for eligible expenses that support their enrollment in eligible programs. If unexpended resources exist, the funds must be used to pay for a student's housing, transportation, child or dependent care, or food expenses. The act requires the Colorado commission on higher education to submit a report regarding the program to the house of representatives and senate education committees during its annual "SMART Act" hearing.
The act requires the office of future work (office) to provide grants to registered apprenticeship programs that provide training in the building and construction trade at no cost to apprentices (grant program). The act requires the office to submit a report regarding the grant program to the house of representatives business affairs and labor committee and senate business, labor, and technology committee during its annual "SMART Act" hearing.
In the 2022-23 state fiscal year, the general assembly appropriated $10 million to the department of public health and environment (department) for the purpose of recruitment and re-engagement efforts with health-care professionals with licenses and staffing. The act extends the authority for the department to use the appropriation through December 30, 2024.
In the 2022-23 state fiscal year, the general assembly appropriated $3 million to the department for the school nurse grant program, which provides grants for hiring school nurses for public schools. The act extends the authority for the department to use the appropriation through December 30, 2024.
For the 2023-24 state fiscal year, $43,600,000 is appropriated from the general fund to the department of higher education, of which:
$38,600,000 for the program; and
$5,000,000 to establish 2 new short-term degree nursing programs at community or technical colleges.
For the 2023-24 state fiscal year, $1,400,000 is appropriated from the general fund to the department of labor and employment for the grant program.
APPROVED by Governor May 16, 2023
EFFECTIVE May 16, 2023 (Note: This summary applies to this bill as enacted.)
| 5/16/2023 Governor Signed
|
| HB23-1255 | Support | | NOT ON CALENDAR | Regulating Local Housing Growth Restrictions | W. Lindstedt (D) | R. Dickson / J. Gonzales (D) | The act preempts any existing local governmental entity housing growth restriction that explicitly limits either the growth of the population in the local governmental entity's jurisdiction or the number of development permits or building permit applications for residential development or the residential component of any mixed use development submitted to, reviewed by, approved by, or issued by a governmental entity for any calendar or fiscal year and forbids the enactment or enforcement of any such future local housing growth restriction unless the governmental entity has experienced a disaster emergency, has developed or amended land use plans or land use laws covering residential development or the residential component of a mixed-use development, or is extending or acquiring public infrastructure, public services, or water resources. A governmental entity that experiences one of these events may implement a growth cap for up to 24 months in a 5-year period.
APPROVED by Governor June 7, 2023
EFFECTIVE August 7, 2023
NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
| 6/7/2023 Governor Signed
|
| HB23-1296 | | | NOT ON CALENDAR | Create Task Force Study Rights Persons Disabilities | D. Ortiz (D) | L. Herod (D) / F. Winter (D) | The act creates the task force on the rights of Coloradans with disabilities (task force) in the Colorado civil rights commission. The task force shall create a minimum of 4 subcommittees to study and make recommendations on specific issues related to persons with disabilities:
The rewrite subcommittee, which must study and make recommendations concerning the various issues related to the rewrite and modernization of the Colorado Revised Statutes concerning civil rights of persons with disabilities;
The outdoors subcommittee, which must study and make recommendations related to the basic accessibility of outdoor spaces for persons with disabilities;
The housing subcommittee, which must study and make recommendations related to the affordability, accessibility, and attainability of housing for persons with disabilities; and
The government subcommittee, which must focus on basic physical and programmatic accessibility within state and local government.
Minimum mandatory membership and reporting requirements are outlined for the task force and each subcommittee. The task force shall produce a final report, including recommendations, to submit to the governor and general assembly on or before January 30, 2025.
For the 2023-24 state fiscal year, the act appropriates $289,568 from the general fund to the department of regulatory agencies for use by the civil rights division to implement the act.
APPROVED by Governor May 25, 2023
EFFECTIVE May 25, 2023 (Note: This summary applies to this bill as enacted.)
| 5/25/2023 Governor Signed
|
| HB23-1302 | | | NOT ON CALENDAR | Housing Accessibility | D. Ortiz (D) | S. Lieder (D) |
The bill modifies the accessible housing standards and specifications exception process for housing for which building plans are submitted to a governmental unit on or after July 1, 2023. A governmental unit may only grant exceptions to any particular accessible housing standard or specification when the governmental unit determines that the standard or specification is technically infeasible and would create an undue hardship. The determination must be in writing and must articulate the relevant undue hardship.
Similarly, the bill requires that the alteration of walls or defining boundaries in housing that was under construction prior to July 1, 2023, must comply with certain minimum alteration requirements, unless there is a determination of undue hardship by the relevant governmental unit. However, even if a governmental unit makes a determination of undue hardship, the alterations must still comply with the minimum alteration requirements to the maximum extent feasible.
The bill establishes that failure to comply with certain standards for accessible housing constitutes discrimination on the basis of a disability jointly and severally by the owner of the relevant property and any construction professionals who participate in the noncompliant construction or alteration of the relevant property. The bill creates a civil action for an individual with a disability subject to a failure or the attorney general.
The bill requires that certain new construction projects and alterations provide a certain number of type B dwelling units or type B multistory dwelling units, and in some cases at least one type A dwelling unit or type A multistory dwelling unit, based on the number of dwelling units in the construction project or alteration.
The bill prohibits a landlord from refusing a request by an individual with a disability to make modifications, at the individual's own expense, necessary to afford the individual the full enjoyment of the property.
The bill requires newly constructed housing to have:
At least one building entrance on an accessible route, unless doing so would be an undue hardship;
Fire alarms that are accessible to individuals with a disability, so long as the dwelling unit does not require individuals to purchase their own fire alarms; and
Emergency exits that are accessible to individuals with a disability.
The bill also states that a failure to ensure the following qualifies as discrimination against an individual with a disability:
That all mailboxes assigned to dwelling units are fully accessible to any individual with a disability who lives in those dwelling units; and
That all signage in dwelling units, including directories and elevator buttons, is accessible to individuals with disabilities.
Lastly, the bill authorizes a court to extend:
The answer date in an eviction proceeding if the defendant files a written request with the court for a reasonable accommodation pursuant to prohibited unfair housing practices; and
The hearing date for a hearing required during a foreclosure proceeding if the borrower files a written request with the court for a reasonable accommodation pursuant to prohibited unfair housing practices.(Note: This summary applies to this bill as introduced.)
| 4/25/2023 House Committee on Transportation, Housing & Local Government Postpone Indefinitely
|
| SB23-016 | | Monitor | NOT ON CALENDAR | Greenhouse Gas Emission Reduction Measures | C. Hansen (D) / K. McCormick (D) | E. Sirota (D) | The length of the bill summary for this bill requires it to be published on a separate page here:
https://leg.colorado.gov/sb23-016-bill-summary
APPROVED by Governor May 11, 2023
EFFECTIVE August 7, 2023
NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.(Note: This summary applies to this bill as enacted.)
| 5/11/2023 Governor Signed
|
| SB23-017 | Monitor | Monitor | NOT ON CALENDAR | Additional Uses Paid Sick Leave | F. Winter (D) / J. Willford (D) | J. Joseph (D) | The act allows an employee to use accrued paid sick leave when the employee needs to:
Care for a family member whose school or place of care has been closed due to inclement weather, loss of power, loss of heating, loss of water, or any other unexpected occurrence or event that results in the closure of the family member's school or place of care;
Grieve, attend funeral services or a memorial, or deal with financial and legal matters that arise after the death of a family member; or
Evacuate the employee's place of residence due to inclement weather, loss of power, loss of heating, loss of water, or any other unexpected occurrence or event that results in the need to evacuate the employee's residence.
To implement the act, $74,927 is appropriated from the general fund to the department of labor employment for use by the division of labor standards and statistics.
APPROVED by Governor June 2, 2023
EFFECTIVE August 7, 2023
NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.(Note: This summary applies to this bill as enacted.)
| 6/2/2023 Governor Signed
|
| SB23-046 | Monitor | Monitor | NOT ON CALENDAR | Average Weekly Wage Paid Leave Benefits | F. Winter (D) / M. Duran (D) | The act eliminates the requirement that an individual's weekly paid family and medical leave benefit be calculated based on the average weekly wage earned only from the job or jobs from which the individual is taking paid family and medical leave.
APPROVED by Governor March 23, 2023
EFFECTIVE March 23, 2023 (Note: This summary applies to this bill as enacted.)
| 3/23/2023 Governor Signed
|
| SB23-049 | | | NOT ON CALENDAR | Special Mobile Machinery Registration Exemption | R. Zenzinger (D) | K. Van Winkle (R) / M. Snyder (D) | R. Bockenfeld (R) | The act changes the minimum amount of items of special mobile machinery required to be located in the state from 1000 items to 250 items in order for the owner of the special mobile machinery to be eligible for a registration exempt certificate issued by the department of revenue (department). An owner of special mobile machinery that is issued a registration exempt certificate shall pay all fees and surcharges that would otherwise be paid at the time of registration and any other fees and surcharges due for each item of special mobile machinery upon application, renewal, or within 20 days of the expiration of a registration exempt certificate. To ensure proper administration of registration exempt certificates and payment of the required fees and surcharges, an owner of special mobile machinery is also required to report information about all its special mobile machinery located in the state to the department when applying for or renewing a registration exempt certificate or within 20 days of the expiration of a registration exempt certificate.
For the 2023-24 state fiscal year, $113,476 is appropriated from the Colorado DRIVES vehicle services account in the highway users tax fund to the department for use by the division of motor vehicles to implement the act.
APPROVED by Governor June 2, 2023
EFFECTIVE August 7, 2023
NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
| 6/2/2023 Governor Signed
|
| SB23-058 | | | NOT ON CALENDAR | Job Application Fairness Act | J. Danielson (D) | S. Jaquez Lewis (D) / J. Willford (D) | M. Young (D) | Starting July 1, 2024, the act prohibits employers from inquiring about a prospective employee's age, date of birth, and dates of attendance at or date of graduation from an educational institution on an initial employment application.
An employer may request an individual to verify compliance with age requirements imposed pursuant to or required by:
A bona fide occupational qualification pertaining to public or occupational safety;
A federal law or regulation; or
A state or local law or regulation based on a bona fide occupational qualification.
The act allows an employer to request or require an individual to provide additional application materials, including copies of certifications, transcripts, and other materials created by third parties, at the time of an initial employment application if the employer notifies the individual that the individual may redact information that identifies the individual's age, date of birth, or dates of attendance at or graduation from an educational institution.
The department of labor and employment (department) is charged with enforcing the requirements of the act and may issue warnings and orders of compliance for violations and, for second or subsequent violations, impose civil penalties. A violation of the restrictions does not create a private cause of action. The department is directed to adopt rules regarding procedures for handling complaints against employers.
For the 2023-24 state fiscal year, $56,468 is appropriated from the general fund to the department for use by the division of labor standards and statistics to pay program costs related to labor standards.
APPROVED by Governor June 2, 2023
EFFECTIVE August 7, 2023
NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
| 6/2/2023 Governor Signed
|
| SB23-065 | Support | Support | NOT ON CALENDAR | Career Development Success Program | P. Lundeen (R) | J. Bridges (D) / S. Bird (D) | D. Wilson (R) | For the career development success program (program), the act removes the requirement for successful completion of a qualified industry pre-apprenticeship program and the requirement for successful completion of a qualified industry apprenticeship. The act adds boards of cooperative services to the program.
Current law requires the general assembly to annually appropriate $1 million to the department of education for the program. Beginning in the 2023-24 budget year, and each budget year thereafter, the act increase the appropriation to $9.5 million.
The act requires a school district or charter school participating in the program to receive 120% of the per-pupil amount for each pupil who is eligible for free or reduced-price lunch and who successfully earned an industry certificate by completing a qualified industry-credential program, a qualified workplace training program, or a qualified advanced placement course.
The act authorizes a participating school district or participating charter school to contract with a third party to provide specified services under the program.
The act extends the repeal date from September 1, 2024, to September 1, 2034.
APPROVED by Governor May 16, 2023
EFFECTIVE August 7, 2023
NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
| 5/16/2023 Governor Signed
|
| SB23-105 | | Monitor | NOT ON CALENDAR | Ensure Equal Pay For Equal Work | J. Danielson (D) | J. Buckner (D) / S. Gonzales-Gutierrez | J. Bacon (D) | Current law authorizes the director of the division of labor standards and statistics in the department of labor and employment (director) to create and administer a process to accept and mediate wage complaints, to provide legal resources concerning alleged wage inequity, and to promulgate rules as necessary for this purpose. The act changes these authorizations to requirements and further requires the director to create and administer a complaint mediation process by July 1, 2024.
Additionally, the act requires the director to:
Investigate complaints or other leads concerning employer violations of wage inequity;
Upon finding a violation, order compliance and relief; and
Promulgate rules to enforce the act.
The act also requires an employer to:
For each job opportunity, follow specific guidelines for posting the opportunity and provide specific information to employees regarding the compensation, benefits, and date that the application window is anticipated to close; and
Make reasonable efforts to make known information regarding the candidate who is selected for the job opportunity.
For positions with career progression, the act requires an employer to disclose and make available to all eligible employees the requirements for the career progression.
$412,438 is appropriated from the general fund to implement the act. Of that sum, $292,590 is appropriated to the department of labor and employment and $119,848 is appropriated to the department of personnel.
APPROVED by Governor June 5, 2023
EFFECTIVE January 1, 2024
NOTE: This act was passed without a safety clause.(Note: This summary applies to this bill as enacted.)
| 6/5/2023 Governor Signed
|
| SB23-110 | Support | Support | NOT ON CALENDAR | Transparency For Metropolitan Districts | J. Marchman (D) | R. Zenzinger (D) / C. Kipp (D) | R. Taggart (R) | For a proposed metropolitan district that submits a service plan to one or more boards of county commissioners or one or more governing bodies of a municipality on or after January 1, 2024, the service plan is required to include:
The maximum mill levy that may be imposed for the payment of general obligation indebtedness, as determined by the board of county commissioners of each county that is approving the service plan or the governing body of each municipality that is approving the service plan, as applicable; and
The maximum debt that may be issued by the metropolitan district, as determined by the board of county commissioners of each county that is approving the service plan or the governing body of each municipality that is approving the service plan, as applicable.
In addition to any other meetings held by the board of directors of a metropolitan district (board), beginning in the 2023 calendar year, the board is required to hold an annual meeting if the metropolitan district was organized after January 1, 2000, has residential units within its boundaries, and is not in inactive status. The board is prohibited from taking any official action at the annual meeting and shall ensure that the annual meeting includes a presentation from the metropolitan district regarding the status of public infrastructure projects within the metropolitan district and outstanding bonds, if any, a review of unaudited financial statements showing the year-to-date revenue and expenditures of the metropolitan district in relation to its adopted budget for that calendar year, and an opportunity for members of the public to ask questions about the metropolitan district. In addition, the board is required to provide a public comment period during the separate meeting at which the board adopts the annual budget for the metropolitan district.
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 a disclosure pursuant to current law, the board is required to receive a statement of a registered municipal advisor certifying that specified limits on the maximum interest rate of the debt have been met.
On and after January 1, 2024, the seller of residential real property that is located within a metropolitan district is required to provide the purchaser of the property with the official website established by the metropolitan district. The seller is required to provide the information on the Colorado real estate commission approved seller's property disclosure.
APPROVED by Governor April 3, 2023
EFFECTIVE August 7, 2023
NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
| 4/3/2023 Governor Signed
|
| SB23-143 | | | NOT ON CALENDAR | Retail Delivery Fees | S. Fenberg (D) | K. Van Winkle (R) / C. Kipp (D) | M. Soper (R) | Currently, the state and several state enterprises impose fees on retail sales of taxable tangible personal property delivered by motor vehicle to a location in the state. These fees are collectively known as the retail delivery fee (RDF), and a retailer who makes a retail delivery is required to add the RDF to the price of the retail delivery, collect it from the purchaser, and pay the RDF revenue to the department of revenue (department), which distributes the revenue to the appropriate cash funds.
The department generally administers the RDF in the same manner as the state sales and use tax. The act modifies this administration by permitting a retailer to pay the RDF on behalf of the purchaser. If the retailer elects to pay the RDF, then the retailer is:
Not required to add the RDF to the price of the retail delivery, separately itemize the RDF, or collect the RDF from the purchaser, who is not liable or the amount nor eligible for a refund of an erroneously paid RDF; and
Required to remit the RDF on the date that would be required if the RDF had been received from the purchaser on the date of the retail delivery.
The department is required to waive any processing costs for a retailer's electronic payment by automated clearing house (ACH) debit of the RDF if the charges would exceed the amount of the RDF revenue being remitted.
The act creates an exemption from the RDF for a retail delivery by a qualified business, which is a business that has $500,000 or less of retail sales in the prior year or is new, that applies retroactively to when RDFs were first imposed. A purchaser is not eligible for a refund of any RDF that is collected and remitted to the department by a qualified business prior to the effective date of the act.
The act also creates a primary definition for "retail delivery" that is cross-referenced in other RDF provisions, and related to this change, a definition of "retail sale" is repealed where the cross reference makes it unnecessary.
APPROVED by Governor May 4, 2023
EFFECTIVE May 4, 2023 (Note: This summary applies to this bill as enacted.)
| 5/4/2023 Governor Signed
|
| SB23-166 | Amend | Amend | NOT ON CALENDAR | Establishment Of A Wildfire Resiliency Code Board | L. Cutter (D) | T. Exum (D) / M. Froelich (D) | E. Velasco (D) | The act establishes a wildfire resiliency code board (board) in the division of fire prevention and control (division) within the department of public safety (department) for the purposes of ensuring community safety from and more resiliency to wildfires by reducing the risk of wildfires to people and property through the adoption of statewide codes and standards. The board consists of 21 appointed voting members with specific government or industry qualifications and 3 non-voting members. The board is required to promulgate rules concerning the adoption of codes and standards for the hardening of structures and reducing fire risk in the defensible space surrounding structures in the wildland-urban interface in Colorado, including rules that:
Define the wildland-urban interface and identify areas of the state that are within it;
Adopt minimum codes and standards based on best practices to reduce the risk to life and property from the effects of wildfires;
Identify hazards and types of buildings, entities, and defensible space around structures to which the codes apply; and
Establish a process for a governing body to petition the board for a modification to the codes and establish the criteria and process for the board to grant or deny an appeal from a decision of the board on a petition for modification.
The act also creates the wildfire resiliency code board cash fund (cash fund) and, subject to annual appropriation by the general assembly, the department shall use money in the fund to implement the provisions of the act. The state treasurer is required to transfer $250,000 from the general fund to the cash fund on July 1, 2023.
The act requires a governing body with jurisdiction in an area within the wildland-urban interface that has the authority to adopt building codes or fire codes to adopt and enforce a code that meets or exceeds the minimum standards of the codes adopted by the board within 3 months of the date the board adopts its codes. Enforcement of the governing body's adopted codes is done in accordance with the rules and regulations for code enforcement adopted by the governing body and the period to comply with a governing body's adopted codes must be in accordance with the governing body's rules and regulations or within 3 months of adoption, whichever is sooner. If the governing body does not have rules and regulations for code enforcement, the governing body may request support from the division to enforce the code.
For the 2023-24 state fiscal year, the act appropriates $9,302 from the general fund to the cash fund and reappropriates the money to the department of public safety for use by the division for the board and for vehicle lease payments. An additional $250,000 is appropriated to the department for use by the division from the cash fund for the board.
APPROVED by Governor May 12, 2023
EFFECTIVE May 12, 2023 (Note: This summary applies to this bill as enacted.)
| 5/12/2023 Governor Signed
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| SB23-172 | | | NOT ON CALENDAR | Protecting Opportunities And Workers' Rights Act | F. Winter (D) | J. Gonzales (D) / M. Weissman (D) | J. Bacon (D) | For purposes of addressing discriminatory or unfair employment practices pursuant to Colorado's anti-discrimination laws, the act enacts the "Protecting Opportunities and Workers' Rights (POWR) Act", which:
Directs the Colorado civil rights division (division) to include "harassment" as a basis or description of discrimination on any charge form or charge intake mechanism;
Repeals the current definition of "harass" that requires creation of a hostile work environment and redefines "harass" or "harassment" as unwelcome conduct directed at an individual or group of individuals in, or perceived to be in, a protected class, which conduct is subjectively offensive to the individual alleging harassment and objectively offensive to members of the same protected class as the individual alleging harassment, and which conduct need not be severe or pervasive to constitute a discriminatory or an unfair employment practice;
Adds protections from discriminatory or unfair employment practices for individuals based on their marital status;
For purposes of the exception to otherwise discriminatory practices for an employer that is unable to accommodate an individual with a disability who is otherwise qualified for the job, eliminates the ability for the employer to assert that the individual's disability has a significant impact on the job as a rationale for the employment practice and specifies that the exception is limited to situations in which there is no reasonable accommodation that would allow the individual to satisfy the essential functions of the job;
Specifies the requirements for an employer to assert an affirmative defense to an employee's proven claim of unlawful harassment by a supervisor;
Specifies the requirements that must be satisfied for a nondisclosure provision in an agreement between an employer and an employee or a prospective employee to be enforceable; and
Requires an employer to maintain personnel and employment records for at least 5 years and, with regard to complaints of discriminatory or unfair employment practices, to maintain those records in a designated repository.
The act appropriates a total of $1,248,170 from the general fund for the 2023-24 state fiscal year, allocated as follows to the following state departments and offices, to implement the act:
$152,866 to the department of corrections;
$23,469 to the department of education;
$35,415 to the office of the governor;
$23,363 to the department of health care policy and financing;
$129,081 to the department of human services;
$146,894 to the judicial department;
$46,833 to the department of labor and employment;
$17,708 to the department of law;
$76,276 to the department of natural resources;
$89,090 to the department of personnel;
$52,912 to the department of public health and environment;
$52,912 to the department of public safety;
$266,298 to the department of regulatory agencies; and
$47,045 to the department of revenue.
Additionally, $88,008 is appropriated from the state highway fund to the department of transportation to implement the act.
APPROVED by Governor June 6, 2023
EFFECTIVE August 7, 2023
NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
| 6/6/2023 Governor Signed
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| SB23-196 | | | NOT ON CALENDAR | Income Tax Credit For Retrofitting A Home For Health Reasons | F. Winter (D) / M. Young (D) | N. Ricks (D) | The act extends for an additional 5 years the income tax credit for expenses incurred by an individual with a family income at or below $150,00, adjusted for inflation, (qualified individual) in retrofitting the individual's residence to increase its accessibility for persons with disabilities. The act also extends the credit carry-forward period from 5 to 8 years.
APPROVED by Governor May 30, 2023
EFFECTIVE August 7, 2023
NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
| 5/30/2023 Governor Signed
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| SB23-213 | | | NOT ON CALENDAR | Land Use | D. Moreno / I. Jodeh (D) | S. Woodrow (D) | Housing needs planning. The executive director of the department of local affairs (director) shall, no later than December 31, 2024, and every 5 years thereafter, issue methodology for developing statewide, regional, and local housing needs assessments. The statewide housing needs assessment must determine existing statewide housing stock and current and future housing needs. The regional housing needs assessments must allocate the addressing of housing needs identified in the statewide housing needs assessment to regions of the state. Similarly, the local housing needs assessments must allocate the addressing of the housing needs allocated in the regional housing needs assessment to localities in the relevant region.
The director shall, no later than December 31, 2024, issue guidance on creating a housing needs plan for both a rural resort job center municipality and an urban municipality. Following this guidance, no later than December 31, 2026, and every 5 years thereafter, a rural resort job center municipality and an urban municipality shall develop a housing needs plan and submit that plan to the department of local affairs (department). A housing needs plan must include, among other things, descriptions of how the plan was created, how the municipality will address the housing needs it was assigned in the local housing needs assessment, affordability strategies the municipality has selected to address its local housing needs assessment, an assessment of displacement risk and any strategies selected to address identified risks, and how the locality will comply with other housing requirements in this bill.
The director shall, no later than December 31, 2024, develop and publish a menu of affordability strategies to address housing production, preservation, and affordability. Rural resort job center municipalities and urban municipalities shall identify at least 2 of these strategies that they intend to implement in their housing plan, and urban municipalities with a transit-oriented area must identify at least 3.
The director shall, no later than December 31, 2024, develop and publish a menu of displacement mitigation measures. This menu must, among other things, provide guidance for how to identify areas at the highest risk for displacement and identify displacement mitigation measures that a locality may adopt. An urban municipality must identify which of these measures it intends to implement in its housing plan to address any areas it identifies as at an elevated risk for displacement.
The director shall, no later than March 31, 2024, publish a report that identifies strategic growth objectives that will incentivize growth in transit-oriented areas and infill areas and guide growth at the edges of urban areas. The multi-agency advisory committee shall, no later than March 31, 2024, submit a report to the general assembly concerning the strategic growth objectives.
The bill establishes a multi-agency advisory committee and requires that committee to conduct a public comment and hearing process on and provide recommendations to the director on:
Methodologies for developing statewide, regional, and local housing needs assessments;
Guidance for creating housing needs plans;
Developing a menu of affordability strategies;
Developing a menu of displacement mitigation measures;
Identifying strategic growth objectives; and
Developing reporting guidance and templates.
A county or municipality within a rural resort region shall participate in a regional housing needs planning process. This process must encourage participating counties and municipalities to identify strategies that, either individually or through intergovernmental agreements, address the housing needs assigned to them. A report on this process must be submitted to the department. Further, within 6 months of completing this process, a rural resort job center municipality shall submit a local housing needs plan to the department. Once a year, both rural resort job centers and urban municipalities shall report to the department on certain housing data.
A multi-agency group created in the bill and the division of local government within the department shall provide assistance to localities in complying with the requirements of this bill. This assistance must include technical assistance and a grant program.
Accessory dwelling units. The director shall promulgate an accessory dwelling unit model code that, among other things, requires accessory dwelling units to be allowed as a use by right in any part of a municipality where the municipality allows single-unit detached dwellings as a use by right. The committee shall provide recommendations to the director for promulgating this model code. In developing these recommendations, the committee shall conduct a public comment and hearing process.
Even if a municipality does not adopt the accessory dwelling unit model code, the municipality shall adhere to accessory dwelling unit minimum standards established in the bill and by the department. These minimum standards, among other things, must require a municipality to:
Allow accessory dwelling units as a use by right in any part of the municipality where the municipality allows single-unit detached dwellings as a use by right;
Only adopt or enforce local laws concerning accessory dwelling units that use objective standards and procedures;
Not adopt, enact, or enforce local laws concerning accessory dwelling units that are more restrictive than local laws concerning single-unit detached dwellings; and
Not apply standards that make the permitting, siting, or construction of accessory dwelling units infeasible.
Middle housing. The director shall promulgate a middle housing model code that, among other things, requires middle housing to be allowed as a use by right in any part of a rural resort job center municipality or a tier one urban municipality where the municipality allows single-unit detached dwellings as a use by right. The committee shall provide recommendations to the director for promulgating this model code. In developing these recommendations, the committee shall conduct a public comment and hearing process.
Even if a rural resort job center municipality or a tier one urban municipality does not adopt the middle housing model code, the municipality shall adhere to middle housing minimum standards established in the bill and by the department. These minimum standards, among other things, must require a municipality to:
Allow middle housing as a use by right in certain areas;
Only adopt or enforce local laws concerning middle housing that use objective standards and procedures;
Allow properties on which middle housing is allowed to be split by right using objective standards and procedures;
Not adopt, enact, or enforce local laws concerning middle housing that are more restrictive than local laws concerning single-unit detached dwellings; and
Not apply standards that make the permitting, siting, or construction of middle housing infeasible.
Transit-oriented areas. The director shall promulgate a transit-oriented area model code that, among other things, imposes minimum residential density limits for multifamily residential housing and mixed-income multifamily residential housing and allows these developments as a use by right in the transit-oriented areas of tier one urban municipalities. The committee shall provide recommendations to the director for promulgating this model code. In developing these recommendations, the committee shall conduct a public comment and hearing process.
Even if a tier one urban municipality does not adopt the transit-oriented model code, the municipality shall adhere to middle housing minimum standards established in the bill and by the department. These minimum standards, among other things, must require a municipality to:
Create a zoning district within a transit-oriented area in which multifamily housing meets a minimum residential density limit and is allowed as a use by right; and
Not apply standards that make the permitting, siting, or construction of multifamily housing in transit-oriented areas infeasible.
Key corridors. The director shall promulgate a key corridor model code that applies to key corridors in rural resort job center municipalities and tier one urban municipalities. The model code must, among other things, include requirements for:
The percentage of units in mixed-income multifamily residential housing that must be reserved for low- and moderate-income households;
Minimum residential density limits for multifamily residential housing; and
Mixed-income multifamily residential housing that must be allowed as a use by right in key corridors.
The committee shall provide recommendations to the director for promulgating this model code. In developing these recommendations, the committee shall conduct a public comment and hearing process.
Even if a rural resort job center municipality or a tier one urban municipality does not adopt the key corridor model code, the municipality shall adhere to key corridor minimum standards promulgated by the director and developed by the department. These minimum standards, among other things, must identify a net residential zoning capacity for a municipality and must require a municipality to:
Allow multifamily residential housing within key corridors that meets the net residential zoning capacity as a use by right;
Not apply standards that make the permitting, siting, or construction of multifamily housing in certain areas infeasible; and
Not adopt, enact, or enforce local laws that make satisfying the required minimum residential density limits infeasible.
The committee shall provide recommendations to the director on promulgating these minimum standards. In developing these recommendations, the committee shall conduct a public comment and hearing process.
Adoption of model codes and minimum standards. A relevant municipality shall adopt either the model code or local laws that satisfy the minimum standards concerning accessory dwelling units, middle housing, transit-oriented areas, and key corridors. Furthermore, a municipality shall submit a report to the department demonstrating that it has done so. If a municipality fails to adopt either the model code or local laws that satisfy the minimum standards by a specified deadline, the relevant model code immediately goes into effect, and municipalities shall then approve any proposed projects that meet the standards in the model code using objective procedures. However, a municipality may apply to the department for a deadline extension for a deficiency in water or wastewater infrastructure or supply.Additional provisions. The bill also:
Requires the advisory committee on factory-built structures and tiny homes to produce a report on the opportunities and barriers in state law concerning the building of manufactured homes, mobile homes, and tiny homes;
Removes the requirements that manufacturers of factory-built structures comply with escrow requirements of down payments and provide a letter of credit, certificate of deposit issued by a licensed financial institution, or surety bond issued by an authorized insurer;
Prohibits a planned unit development resolution or ordinance for a planned unit with a residential use from restricting accessory dwelling units, middle housing, housing in transit-oriented areas, or housing in key corridors in a way not allowed by this bill;
Prohibits a local government from enacting or enforcing residential occupancy limits that differ based on the relationships of the occupants of a dwelling;
Modifies the content requirements for a county and municipal master plan, requires counties and municipalities to adopt or amend master plans as part of an inclusive process, and requires counties and municipalities to submit master plans to the department;
Allows a municipality to sell and dispose of real property and public buildings for the purpose of providing property to be used as affordable housing, without requiring the sale to be submitted to the voters of the municipality;
Requires the approval process for manufactured and modular homes to be based on objective standards and administrative review equivalent to the approval process for site-built homes;
Prohibits a municipality from imposing more restrictive standards on manufactured and modular homes than the municipality imposes on site-built homes;
Prohibits certain municipalities from imposing minimum square footage requirements for residential units in the approval of residential dwelling unit construction permits;
Requires certain entities to submit to the Colorado water conservation board (board) a completed and validated water loss audit report pursuant to guidelines that the board shall adopt;
Allows the board to make grants from the water efficiency grant program cash fund to provide water loss audit report validation assistance to covered entities;
Allows the board and the Colorado water resources and power development authority to consider whether an entity has submitted a required audit report in deciding whether to release financial assistance to the entity for the construction of a water diversion, storage, conveyance, water treatment, or wastewater treatment facility;
Prohibits a unit owners' association from restricting accessory dwelling units, middle housing, housing in transit-oriented areas, or housing in key corridors;
Requires the department of transportation to ensure that the prioritization criteria for any grant program administered by the department are consistent with state strategic growth objectives, so long as doing so does not violate federal law;
Requires any regional transportation plan that is created or updated to address and ensure consistency with state strategic growth objectives;
Requires that expenditures for local and state multimodal projects from the multimodal transportation options fund are only to be made for multimodal projects that the department determines are consistent with state strategic growth objectives; and
For state fiscal year 2023-24, appropriates $15,000,000 from the general fund to the housing plans assistance fund and makes the department responsible for the accounting related to the appropriation.(Note: This summary applies to this bill as introduced.)
| 5/6/2023 Senate Considered House Amendments - Result was to Laid Over Daily
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| SB23-291 | Oppose | | NOT ON CALENDAR | Utility Regulation | S. Fenberg (D) | L. Cutter (D) / C. deGruy Kennedy (D) | M. Martinez | Section 1 of the act requires the public utilities commission (commission), if relying on a discount rate when calculating the net present value of future carbon-based fuel costs as part of a utility's electric resource plan, to apply a discount rate that does not exceed the long-term rate of inflation. The commission is required to determine an appropriate rate of inflation specifically for fuel costs.
Section 2 requires the commission to establish rules to limit the amount of rate case expenses that an investor-owned electric or gas utility may recover from the utility's customers. In reviewing an investor-owned utility's application to modify base rates, the commission is required to certify that sufficient information is included in the application, including a comprehensive cost and revenue requirement analysis.
Section 3 prohibits an investor-owned electric or gas utility from recovering various costs from its customers, including:
More than 50% of annual total compensation or of expense reimbursement for a utility's board of directors;
Tax penalties or fines issued against the utility;
Investor-relation expenses;
Certain advertising and public relations expenses;
Lobbying and other expenses intended to influence the outcome of local, state, or federal legislation or ballot measures;
Charitable giving expenses;
Certain organizational and membership dues;
Certain political contributions or expenses;
Travel, lodging, food, or beverage expenses for the utility's board of directors and officers;
Gift or entertainment expenses;
Expenses related to aircraft for a utility's board of directors and officers; and
Expenses related to unregulated products or services sold or provided by a utility.
If an investor-owned utility recovers prohibited costs, the commission may assess a nonrecoverable penalty against the utility and is required to order the utility to refund the amount improperly recovered to its customers, plus interest.
An investor-owned utility is required to file an annual report with the commission on the utility's compliance with the cost recovery prohibitions, which report must include the purpose, payee, and amount of any expenses associated with costs and activities not permitted to be recovered from customers.
Section 4 requires that, on or before November 1, 2023, an investor-owned gas utility file with the commission for the commission's approval, amendment, or denial a gas price risk management plan that includes proposals for addressing the volatility of fuel costs recovered from the utility's customers pursuant to the utility's gas cost adjustment filings.
Section 4 requires the commission to adopt rules, on or before January 1, 2025, to help protect investor-owned electric or gas utility customers from the volatility of gas prices by establishing mechanisms that align an investor-owned utility's financial incentives with the financial interests of its customers regarding incurred fuel costs. In adopting the rules, the commission is required to consider mechanisms to create a financial incentive for an investor-owned utility to improve its electricity production cost efficiency while minimizing its fuel costs.
As part of its rules, the commission shall also consider, to the extent such information is relevant, each investor-owned electric or gas utility's financial health and corresponding impacts on customer affordability.
Section 4 also requires the commission to open a proceeding to investigate whether and how residential and other development in certain geographic areas drive natural gas infrastructure costs for any natural gas utility that serves more than 500,000 customers in the state. After completing the investigation, the commission shall consider whether alternative infrastructure, service investments, or other actions by the utility could mitigate impacts of such development on nonparticipating or income-qualified utility customers.
Section 5 requires:
On or before December 31, 2023, each regulated gas utility to remove from the utility's rate tariffs incentives offered to an applicant applying for natural gas service to establish gas service to a property;
The Colorado energy office to contract with an independent third party, on or before July 1, 2024, to evaluate the risk that stranded or underutilized natural gas infrastructure investments pose, including the risk posed to utility employees and contractors, and the annual projected rate impact that such stranded assets have on utility customers;
The commission to determine whether any changes to rules or depreciation schedules are warranted based on its review of the evaluation contracted by the Colorado energy office;
An investor-owned gas utility to provide the commission information, including a map, about the utility's gas distribution system pipes;
An investor-owned gas utility to refrain from penalizing or charging a fee to a customer that voluntarily terminates gas service. The commission may adopt rules to establish standards for a customer's voluntary disconnection from an investor-owned gas utility's gas distribution system.
On or before January 1, 2024, the commission to examine existing investor-owned electric utility tariffs, policies, and practices to determine if they pose a barrier to the beneficial electrification of transportation and buildings and determine whether requiring a customer that seeks to interconnect distributed energy resources or beneficial electrification resources to bear the full incremental cost of transformer or service upgrades needed for such interconnection imposes an undue burden on the customer.
Section 6 requires the commission to allow a wholesale customer of an investor-owned utility to intervene in a proceeding regarding the commission's consideration of the investor-owned utility's application for cost recovery from customers if the wholesale customer has a demonstrated interest in the proceeding.
Section 7 appropriates for the 2023-24 state fiscal year:
$1,347,554 from the public utilities commission fixed utility fund to the department of regulatory agencies for use by the commission, with $713,745 reappropriated to the department of law; and
$142,749 to the department of law from the legal services cash fund from revenue received from the Colorado energy office that originates as custodial federal funds that the office has authority to expend.
APPROVED by Governor May 11, 2023
EFFECTIVE August 7, 2023
NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
| 5/11/2023 Governor Signed
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| SB23-292 | | | NOT ON CALENDAR | Labor Requirements For Energy Sector Construction | C. Hansen (D) | S. Fenberg (D) / M. Duran (D) | S. Bird (D) | In 2019, the general assembly adopted an apprenticeship utilization law (apprenticeship utilization law) that requires the general contractor for a public project that does not receive federal money, and that is in the amount of $1,000,000 or more, to submit, at the time a mechanical, electrical, or plumbing subcontractor is put under contract, certain documentation regarding the contractors that will do the work to the contracting agency. At the same time, the general assembly also adopted a prevailing wage law (prevailing wage law) that requires any contractor who is awarded a contract for a public project by an agency of government for $500,000 or more and that does not include federal money, and any subcontractors working on the public project, to pay their employees a prevailing wage at weekly intervals.
The act creates a new category of public projects defined as "energy sector public works projects", and requires these projects to comply with the requirements of the apprenticeship utilization law and the prevailing wage law. An "energy sector public works project" is any project that:
Has the purpose of generating, transmitting, or distributing electricity or natural gas to provide energy to Colorado individual consumers and businesses, is built by or for a public utility, and is funded in whole or in part by the state or utility customer funding; or
Has the purpose of generating or distributing electricity or natural gas for the purpose of providing energy to Colorado individual consumers and businesses from utility customer funding as approved by a cooperative electric association.
With certain exceptions, the act requires that a contract between public utilities, cooperative electric associations, or independent power producers and lead contractors for an energy sector public works project include provisions that expressly require that all work performed under the contract comply with the apprenticeship utilization law and the state prevailing wage law if the project is an electric power generation project with a nameplate generation capacity of one megawatt or higher or if the project is a project other than an electric power generation project with a total cost of one million dollars or more. All contracts with subcontractors on the project are also required to include such provisions. If the contract for an energy sector public works project does not include such provisions, the project will not be eligible to receive state funding or to receive required authorizations or approvals from the public utilities commission (PUC).
For projects funded in whole or in part by the state, the requirements to comply with the apprenticeship utilization law and the prevailing wage law apply only when the project is a power generation project with a nameplate generation capacity of one megawatt or higher or an energy storage system with an energy rating of one megawatt of power capacity or 4 megawatt hours of useable energy capacity or higher and the aggregated public assistance from the state is $500,000 or more. For other projects, the apprenticeship utilization law and the prevailing wage law apply only when the total project cost is one million dollars or more and the aggregated public assistance from the state, funding from a public utility, or funding from a cooperative electric association is $500,000 or more.
The requirements to comply with the apprenticeship utilization law and the prevailing wage law do not apply to a project that is covered by a project labor agreement, work on an energy sector public works project performed by employees of a utility company, work on an energy sector public works project put out to bid on or after January 1, 2024, that is qualified for and claims the increased federal production tax credit or investment tax credit amount by having satisfied federal "Inflation Reduction Act" requirements, a utility-incentivized demand-side management or electrification program, a utility or state-funded building energy efficiency program, service agreements that were entered into on or before March 1, 2023, projects that involve an electric distribution line with a specified capacity, and projects that involve pipelines with a specified minimum yield strength.
The lead contractor for an energy sector public works project is required to prepare certified payroll records for workers directly employed by the contractor, obtain certified payroll records from all contractors and subcontractors on the project, and submit the records to the public utility or other owner of the energy sector public works project weekly. The lead contractor is also required to prepare a quarterly craft labor certification that attests that the lead contractor and all subcontractors are compliant with the apprenticeship utilization law and the prevailing wage law. The public utility, cooperative electric association, independent power producer, or other owner of an energy sector public works project is required to maintain the records for all craft labor certifications and is required to either provide copies quarterly to the department of labor and employment or require the lead contractor to provide such copies.
The state auditor's office is required to conduct an audit of the PUC's approval of energy sector public works projects no later than January 1, 2029, and at least 5 years thereafter. The purpose of the audit is to establish oversight and accountability for compliance with the "best value" employment metrics for electric resources acquisition and the employment, training, wage, and apprenticeship requirements specified in the act.
Violations of the requirements for energy sector public works project contracts are subject to the penalties described in the apprenticeship utilization law and the prevailing wage law.
In lieu of compliance with the apprenticeship utilization law and the prevailing wage law, a public utility, cooperative electric association, or independent power producer may incorporate a project labor agreement requirement for an energy sector public works project. The PUC is prohibited from denying approval of an energy sector public works project solely because it uses a project labor agreement.
The act specifies which provisions of the apprenticeship utilization law for public projects apply to energy sector public works projects.
Regarding "best value" employment metrics that the PUC is required to consider when it evaluates electric resource acquisitions and requests for certificates of public convenience and necessity for construction or expansion of generating facilities, the act requires the PUC to promulgate rules requiring utilities, when submitting annual progress reports for an electric resource acquisition, to collect and provide to the PUC information concerning the implementation of "best value" employment metrics and requires the PUC to report annually to committees of reference of the general assembly concerning the information that is reported.
The act adds enforcement mechanisms for the existing mechanical, electrical, and plumbing apprenticeship utilization requirements for gas demand-side management projects and beneficial electrification projects. In addition, the act requires that projects undertaken pursuant to specified existing state laws comply with the state mechanical, electrical, and plumbing apprenticeship utilization law and the state prevailing wage law.
For the 2023-24 state fiscal year, the act appropriates $108,401 from the general fund to the department of labor and employment for use by the division of labor standards and statistics to implement the act.
APPROVED by Governor May 23, 2023
EFFECTIVE January 1, 2024
NOTE: This act was passed without a safety clause. (Note: This summary applies to this bill as enacted.)
| 5/23/2023 Governor Signed
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| SB23-303 | | | NOT ON CALENDAR | Reduce Property Taxes And Voter-approved Revenue Change | S. Fenberg (D) | C. Hansen (D) / C. deGruy Kennedy (D) | M. Weissman (D) | The act requires the secretary of state to refer a ballot issue to voters at the November 2023 election. Most of the act only becomes effective if the voters approve the ballot issue.
Beginning with the 2023 property tax year, the act establishes a limit on specified property tax revenue for local governments, excluding those that are home rule and school districts, that is equal to inflation above the property tax revenue from the prior property tax year (limit). A local government may establish a temporary property tax credit up to the number of mills necessary to prevent the local government's property tax revenue from exceeding the limit. Alternatively, the governing board may approve a mill levy that would cause the local government to exceed the limit if the governing board approves the mill levy at a public meeting that meets certain criteria.
The act temporarily reduces the valuation for assessment (valuation) for certain subclasses of nonresidential and residential property for the property tax years 2023 through 2032 and creates the new subclass of renewable energy agricultural land, which is a subclass of nonresidential property. The act also establishes the residential real property subclasses of primary residence real property and qualified-senior primary residence real property and establishes administrative procedures related to the classification that are based on the procedures for the homestead exemption, with those procedures expanded to treat civil union partners like spouses.
Several property tax deadlines for the 2023 property tax year are delayed because of the possible valuation reductions that are contingent on the 2023 ballot. County assessors are required to provide information to taxpayers about the new valuations for assessment and the application process for primary residence real property and qualified-senior primary residence real property.
The act modifies an existing mechanism designed to reimburse local governmental entities for property tax revenue reductions by extending the backfill through 2032, incorporating the lost revenue due to the act, clarifying how the reimbursement is determined, excluding local governmental entities that have a certain amount of growth in assessed value, capping the total amount of state backfill, and eliminating the cap on the amount of excess state revenues that may be used for the reimbursements for the 2023 property tax year.
If the voters approve the referred ballot issue, which the act requires to be called "proposition HH", then the state will be authorized to retain and spend revenues up to the proposition HH cap, the amount of which is determined under the act. The ability of the general assembly to continue retaining and spending this money after the fiscal year 2031-32 is contingent on the general assembly enacting future valuation reductions. The amount retained under this authority is first used in the following fiscal year to backfill certain local governments for the reduced property tax revenue as a result of the property tax changes in the act and Senate Bill 22-238 "Concerning reductions in real property taxation for only the 2023 and 2024 property tax years" and then up to $20 million for the amount of property taxes that are paid as a portion of a tenant's rent. Any remaining amounts are transferred to the state education fund to offset the revenue that school districts lose as a result of the property tax changes.
APPROVED by Governor May 24, 2023
EFFECTIVE May 24, 2023
NOTE: The act takes effect only if a majority of voters approve the ballot issue referred in accordance with section 24-77-202, and in which case the act takes effect on the date of the official declaration of the vote thereon by the governor; except that, section 3; section 39-1-104.2 (3.7); section 39-3-210 (1)(a.3), (1)(e), and (2.5); section 18; section 23; and section 24 of the act take effect upon passage. (Note: This summary applies to this bill as enacted.)
| 5/24/2023 Governor Signed
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| SB23-304 | | | NOT ON CALENDAR | Property Tax Valuation | C. Hansen (D) | S. Fenberg (D) / B. Marshall (D) | S. Bird (D) | The act specifies that when a property tax assessor values real property, the property tax assessor shall consider:
The current use;
Existing zoning and other governmental land use or environmental regulations and restrictions;
Multi-year leases or other contractual arrangements affecting the use of or income from real property;
Easements and reservations of record; and
Covenants, conditions, and restrictions of record.
Beginning January 1, 2024, the act requires counties with a population greater than 300,000 to use an alternative procedure to determine objections and protests of property tax valuations in any year of general reassessment of real property that is valued biennially.
At the request of a taxpayer, the law requires a property tax assessor to provide the taxpayer with certain data that the assessor used to determine the value of the taxpayer's property. The act clarifies that the data the assessor is required to provide must include the primary method and rates the assessor used to value the property.
APPROVED by Governor May 24, 2023
EFFECTIVE August 7, 2023
NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.(Note: This summary applies to this bill as enacted.)
| 5/24/2023 Governor Signed
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| SJR23-004 | Support | Support | NOT ON CALENDAR | Uniform Sales And Use Tax On Construction Material | J. Bridges (D) | K. Van Winkle (R) / C. Kipp (D) | R. Bockenfeld (R) | *** No bill summary available *** | 5/17/2023 Signed by the President of the Senate
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