Sections 1 and 3 of the bill restore, over time, certain business deductions to federal taxable income that were disallowed in Colorado by operation of a department of revenue rule and by House Bill 20-1420. The specific deductions are related to net operating losses, the application of the federal excess business loss rules, interest expenses, and qualified improvement property.

The earned income tax credit is equal to a percentage of the federal earned income tax credit. Section 2 allows taxpayers filing with an individual taxpayer identification number to claim the earned income tax credit for income tax years commencing on or after January 1, 2020.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill creates the state apprenticeship agency (SAA) in the department of labor and employment (department) as a type 1 agency. The executive director of the department is required to appoint a director of the SAA (director). The purpose of the SAA is to:

• Serve as the primary point of contact with the United States department of labor's office of apprenticeship concerning apprentices and registered apprenticeship programs; and
• Oversee apprenticeship programs, including registration, required standards for registration, quality assurance, the promotion of apprenticeships, and the provision of technical assistance.

The director shall establish the state apprenticeship council (SAC) and an interagency advisory committee on apprenticeship (IAC). The governor and the director appoint the members of the SAC and the IAC. The SAC is charged with overseeing registered apprenticeship programs for the building and construction trades in this state and ensuring compliance with state and federal laws and standards. The IAC is charged with the same responsibilities for all other apprenticeships not in the building and construction trades.

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

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

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

Current law requires the prescription drug monitoring program (program) to track all controlled substances prescribed in Colorado. The bill:

• Expands the program, effective February July 1, 2023, to track all prescription drugs prescribed in this state The bill extends the repeal of the program until September 1, 2028 only if there is sufficient money in the prescription drug monitoring fund from public and private sources to fund the expansion ;
• Exempts veterinarians from submitting prescription drug information to the program other than for controlled substances; and
• Requires the state board of pharmacy to seek and accept money for the program.

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

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

The bill states that a domestic stock insurer (dividing insurer) may divide into 2 or more resulting insurers pursuant to a plan of division. A plan of division must include:

• The name of the dividing insurer;
• The name of each resulting insurer created by the proposed division and, for each resulting insurer, a copy of proposed articles of incorporation and proposed bylaws;
• The manner of allocating assets and liabilities, including policy liabilities, between or among all resulting insurers;
• The manner of distributing shares in the resulting insurers to the dividing insurer or the dividing insurer's shareholders;
• A reasonable description of all liabilities and all assets that the dividing insurer proposes to allocate to each resulting insurer, including the manner by which the dividing insurer proposes to allocate all reinsurance contracts;
• All terms and conditions required by the laws of this state and the articles of incorporation and bylaws of the dividing insurer; and
• All other terms and conditions required by the division.

A plan of division must include additional provisions, the nature of which depends on whether the dividing insurer will survive the division.

A dividing insurer shall file a plan of division with the commissioner of insurance (commissioner) only after the plan of division has been approved in accordance with all provisions of the dividing insurer's articles of incorporation and bylaws. The commissioner shall approve the plan of division if, after considering certain criteria, the commissioner finds that certain requirements are met. If the commissioner approves a plan of division, an officer or duly authorized representative of the dividing insurer shall sign a certificate of division that sets forth certain information concerning the division.

The bill establishes procedures for amending and abandoning plans of division.

The bill provides for the protection of confidential information, documents, and materials that are submitted to, obtained by, or disclosed to the commissioner in connection with a plan of division or in contemplation of a plan of division.

For the 2021-22 state fiscal year, the bill appropriates $10,729 from the division of insurance cash fund to the department of regulatory agencies for use by the division of insurance.

(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.)

Section 1 of the bill defines a "protected series" as an arrangement, configuration, or other structure established by an entity formed outside of Colorado (a "foreign entity") as to which, under the organic statutes of the foreign entity:

• The assets of or associated with the protected series are not subject to claims against, or liabilities of, the foreign entity or any other protected series of the foreign entity; and
• The assets of or associated with the foreign entity or any other protected series of the foreign entity are not subject to claims against, or liabilities of, the protected series.

Section 2 authorizes a foreign entity that has established a protected series (a "foreign series entity") that is doing or proposing to do business in this state to file with the secretary of state a statement of foreign entity authority that states the name and principal place of business of the protected series. Section 3 specifies the effect of filing the statement of foreign entity authority with regard to the foreign series entity's and protected series' rights and liabilities.
(Note: This summary applies to this bill as introduced.)

The bill prohibits state government from passing or implementing any law or rule restricting the natural rights of a private sector enterprise or its customers to use and exercise their free will and free choice to conduct business, exchange goods and services, and take risks in any manner, time, or condition that is acceptable by the private sector enterprise, its customers, and any private sector individuals.

The bill authorizes a private sector enterprise to assert a violation as a claim against state government in any judicial or administrative proceeding or as a defense in any judicial or administrative proceeding without regard to whether the proceeding is brought by or in the name of state government, any private sector enterprise, private person, or any other party.

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

The bill requires retail establishments that offer goods or services to accept United States currency (cash) to purchase the goods or services, but applies only to:

• Establishments that have an individual accepting payment in person; and
• A transaction in which a security deposit is not placed on a credit card or in which a credit card number is not provided to cover unforeseen damages or expenses.

A violation is a class 2 petty offense punishable by a fine of up to $500.

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

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

The bill:

• Prohibits an employer from requiring union membership or payment of union dues as a condition of employment;
• Creates civil and criminal penalties for employer violations regarding union membership and authorizes the attorney general and the district attorney in each judicial district to investigate alleged violations and take action against a person believed to be in violation; and
• States that all-union agreements are unfair labor practices.
  (Note: This summary applies to this bill as introduced.)

The bill:

• Adds guardian ad litem and conservator services to the list of medical aid that an employer is required to furnish to an employee who is incapacitated as a result of a work-related injury or occupational disease ( section 1 of the bill);
• Requires an injured worker who is claiming mileage reimbursement for travel related to obtaining compensable medical care to submit a request to the employer or insurer within 120 days after the expense is incurred, and requires the employer or insurer to pay or dispute mileage within 30 days after submittal and to include in the brochure of claimants' rights an explanation of rights to mileage reimbursement and the deadline for filing a request ( sections 1 and 7 );
• Clarifies that offsets to disability benefits granted by the federal "Old-Age, Survivors, and Disability Insurance Amendments of 1965" only apply if the payments were not already being received by the employee at the time of the work-related injury ( section 2 );
• Prohibits the reduction of an employee's temporary total disability, temporary partial disability, or medical benefits based on apportionment under any circumstances; limits apportionment of permanent impairment to specific situations; and declares that the employer or insurer bears the burden of proof, by a preponderance of the evidence, at a hearing regarding apportionment of permanent impairment or permanent total disability benefits ( section 3 );
• Adds the following conditions that must be met for an employer or insurer to request the selection of an independent medical examiner when an authorized treating physician has not determined that the employee has reached maximum medical improvement (MMI): An examining physician must have examined the employee at least 20 months after the date of the injury, have determined that the employee has reached MMI, and have served a written report to the authorized treating physician specifying that the examining physician has determined that the employee has reached MMI; and the authorized treating physician must have responded that the employee has not reached MMI or must have failed to respond within 15 days after service of the report ( section 4 );
• Changes the whole person impairment rating applicable to an injured worker from 25% to 19% for purposes of determining the maximum amount of combined temporary disability and permanent partial disability payments an injured worker may receive ( section 5 );
• Clarifies when benefits and penalties payable to an injured worker are deemed paid ( section 6 );
• Prohibits an employer or insurer from withdrawing an admission of liability when 2 years or more have passed since the date the admission of liability on the issue of compensability was filed, except in cases of fraud ( section 7 );
• Prohibits the director of the division of workers' compensation or an administrative law judge from determining issues of compensability or liability unless specific benefits or penalties are awarded or denied at the same time ( section 8 );
• Clarifies the scope of authority of prehearing administrative law judges ( section 9 );
• Increases the threshold amount that an injured worker must earn in order for permanent total disability payments to cease and allows for annual adjustment of the threshold amount starting in 2022 ( section 11 ); and
• Clarifies the orders that are subject to review or appeal ( sections 10 and 12 ).
  (Note: This summary applies to this bill as introduced.)

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

• Repeals Increases the lower cost amount for CDOT projects to $250,000, which means that the requirements of the act, including the requirement that CDOT prepare a bid estimate when it proposes to undertake a project itself rather than awarding the project to a contractor through competitive bidding, will apply to a CDOT project only if the cost of the project is reasonably expected to exceed $500,000 $250,000 for any fiscal year; and
• Increases from $50,000 to $100,000 $150,000 the maximum cost for a CDOT project that is exempt from transportation commission approval; and
• Requires CDOT to annually identify in a report to the transportation commission and the transportation legislation review committee of the general assembly all highway maintenance projects for the reporting year costing more than $150,000 but not more than $250,000 that:
• CDOT is completing using CDOT employees;
• CDOT awarded by invitation for bids or competitive sealed best value bidding; or
• For which CDOT solicited but did not receive bids.

The bill also limits the existing requirement that CDOT pay all employees performing work on any public project local prevailing wages in accordance with specified federal acts to projects that cost more than $500,000 $250,000 and requires all electrical work on a CDOT public project to be performed by licensed electricians or registered apprentices properly supervised by electricians.

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

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

The bill creates a statutory basis to allow a private employer to give preference to a veteran of the armed forces or the National Guard and the spouse of a disabled veteran or a service member killed in the line of duty when hiring a new employee, as long as the veteran or the spouse is as qualified as other applicants for employment. The bill allows a private employer's veterans' preference employment policy to also include the preferential hiring of veterans who have been discharged from active duty within the last 10 years, as determined by the discharge date. The bill clarifies that a private employer that adopts a program that gives preferences to veterans or their spouses is not committing a discriminatory or unfair labor practice.
(Note: This summary applies to this bill as introduced.)

The bill adds a requirement, as part of mandatory health insurance coverage of preventive health care services, that health plans cover an annual mental health wellness examination of up to 60 minutes that is performed by a qualified mental health care provider. The coverage must:

• Be comparable to the coverage of a physical examination;
• Comply with the requirements of federal mental health parity laws; and
• Not require any deductibles, copayments, or coinsurance for the mental health wellness examination.

The coverage applies to large employer plans issued or renewed on or after January 1, 2022 , and to individual and small group plans issued or renewed on or after January 1, 2023, if the commissioner of insurance determines, and the United States department of health and human services confirms or fails to timely respond to a request for confirmation, that the coverage for an annual mental health wellness examination does not require state defrayal pursuant to the federal "Patient Protection and Affordable Care Act". Additionally, the division of insurance (division) is directed to conduct an actuarial study to determine the effect of the coverage on insurance premiums .The bill appropriates $26,353 to the division to conduct reviews of health plans to ensure compliance with the coverage required by the bill.

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

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

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

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

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

The bill creates the legislative oversight committee concerning tax policy (committee) and the associated task force (task force).

The committee is required to review annually define in writing, no later than the second meeting of the year, the scope of tax policy to be considered for the committee and the task force. The committee is responsible for considering the policy considerations contained in the tax expenditure evaluations prepared by the state auditor. and The committee is responsible for the oversight of the task force. The committee may recommend legislative changes that are treated as bills recommended by an interim legislative committee.

The task force is required to study tax policy and within its scope as annually defined by the committee and is required to develop and propose for committee consideration any modifications to the current system of state and local taxation tax policy and legislative recommendations.

The task force is also authorized, upon request by a committee member with approval from the committee chair in consultation with the committee vice-chair , to provide evidence-based feedback on the potential benefits or consequences of a legislative or other policy proposal not directly affiliated with or generated by the task force, including any bill or resolution introduced by the general assembly that affects tax policy.

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

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

The bill requires the state auditor to conduct an annual audit of the statewide voter registration system. The audit must include at least 20% of the active registered electors in each county, unduplicated over 5 consecutive years. The auditor is required to determine whether the data in the statewide voter registration list can be validated against other official records including death records, property records, and tax records. The secretary of state must reimburse the state for the full cost of the audit from the department of state cash fund.
(Note: This summary applies to this bill as introduced.)

The bill states that in a class action under the "Colorado Consumer Protection Act", a successful plaintiff may recover actual damages, injunctive relief allowed by law, and reasonable attorney fees and costs.

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

The bill amends the definition of "sexual orientation" and adds definitions of the terms "gender expression" and "gender identity". The bill also adds the terms "gender expression" and "gender identity" to statutes prohibiting discrimination against members of a protected class, including statutes prohibiting discriminatory practices in the following areas:

• Membership of the Colorado civil rights commission;
• Employment practices;
• Housing practices;
• Places of public accommodation;
• Publications that advertise places of public accommodation;
• Consumer credit transactions;
• Selection of patients by direct primary health care providers;
• Sales of cemetery plots;
• Membership in labor organizations;
• Colorado labor for public works projects;
• Issuance or renewal of automobile insurance policies;
• The provision of funeral services and crematory services;
• Eligibility for jury service;
• Issuance of licenses to practice law;
• The juvenile diversion program;
• Access to services for youth in foster care;
• Enrollment in a charter school, institute charter school, public school, or pilot school;
• Local school boards' written policies regarding employment, promotion, and dismissal;
• The assignment or transfer of a public school teacher;
• Leasing portions of the grounds of or improvements on the grounds of the Colorado state university - Pueblo and the Colorado school of mines;
• Enrollment or classification of students at private occupational schools;
• Training provided to peace officers concerning the prohibition against profiling;
• Criminal justice data collection;
• Employment in the state personnel system;
• The availability of services for the prevention and treatment of sexually transmitted infections;
• Membership of the health equity commission;
• The availability of family planning services;
• Requirements for managed care programs participating in the state medicaid program and the children's basic health plan;
• The treatment of and access to services by individuals in facilities providing substance use disorder treatment programs;
• Employment practices of county departments of human or social services involving the selection, retention, and promotion of employees;
• Practices of the Colorado housing and finance authority in making or committing to make a housing facility loan;
• The imposition of occupancy requirements on charitable property for which the owner is claiming an exemption from property taxes based on the charitable use of the property;
• The determination of whether expenses paid at or to a club that has a policy to restrict membership are tax deductible; and
• Practices of transportation network companies in providing services to the public.
  (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Sections 1 and 3 of the bill exempt certain mapping data submitted to the office of information technology (office) from public disclosure under the "Colorado Open Records Act".Section 2 adds a definition of "critically unserved", which means a household or area that lies outside municipal boundaries and lacks access to at least one provider of nonsatellite broadband service delivered at measurable speeds of at least 10 megabits per second downstream and one megabit per second upstream and or at measurable speeds of at least one-half of the minimum measurable speeds that qualify as broadband under the federal communications commission's definition, rounded up, whichever is faster. Section 2 also adds a definition of "office of information technology".

Section 3 reduces the membership of the broadband deployment board (board) in the department of regulatory agencies from 16 members to 11 members.

The board is required to develop a request for proposal process through which the board will solicit bids for proposed projects to serve areas of the state that the office has determined lack access to broadband service at measurable speeds of at least 10 megabits per second downstream and one megabit per second upstream. The board is required to reserve at least 75% up to 60% of the money from the high cost support mechanism that is allocated for broadband deployment to award grants to proposed projects solicited through the request for proposal process.

Section 3 also directs the board to:

• Require an applicant or appellant to submit a either written certification from a local entity indicating that the area to be served by the applicant's project is an unserved area or a statistically representative number of speed test tests performed on an incumbent provider's network and conducted in accordance with industry-standard speed-test protocols;
• Give additional consideration to proposed projects that would give discounted service for low-income households;
• Contractually require an applicant receiving a grant award to:
• Report annually on the number of homes and businesses served by the grant-supported broadband network, the number of homes and businesses expected to be served in the following year, and the speeds, rates, and services offered to customers through the grant-supported broadband network; and
• Provide third-party performance-testing certification, after the grant money has been fully expended, that the project meets the original design of, and provides the measurable speeds, rates, and services set forth in, the application.
• Require an applicant or appellant to submit to the office, in a form and manner determined by the office, certain granular mapping data ; and
• Use the request for proposal process for the disbursement of any federal money the board receives for broadband deployment projects and programs so long as using the request for proposal process complies with federal requirements for use of the money.

Section 4 repeals the current board composition requirements on August 31, 2021.

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

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

The bill adds language to strengthen current Colorado law related to protections against discrimination on the basis of disability for persons with disabilities. The added provisions include:

• Prohibiting a person with a disability from being excluded from participating in or being denied the benefits of services, programs, or activities of a public entity or a state agency ;
• Clarifying that such prohibition includes the failure of a public entity to substantially comply or state agency to develop an accessibility plan and fully, on or before July 1, 2024, with web content accessibility guidelines established and published by an international consortium by the office of information technology (office);
• Any Colorado agency with the authority to promulgate rules shall not promulgate a rule that provides less protection than that provided by the "Americans with Disabilities Act of 1990".

Definitions related to disabilities are added to the statutory sections for the office. The chief information officer in the office is directed to maintain accessibility standards for individuals with disabilities (accessibility standards) for information technology systems employed by state agencies that provide access to information stored electronically and are designed to present information for interactive communications, in formats intended for visual and nonvisual use.The chief information officer in the office is directed to promote and monitor the accessibility standards in the state's information technology infrastructure. The bill directs each state agency to comply with the accessibility standards established by the office. The accessibility standards must be established using the most recent web content accessibility guidelines promulgated and published by the world wide web consortium web accessibility initiative or the international accessibility guidelines working group.The bill directs each state agency, on or before July 1, 2022, to submit its written accessibility plan to the office. The office shall then work collaboratively with the state agency to review sections related to accessibility standards and to establish implementation methodology. On or before July 1, 2024, each state agency shall fully implement the sections of the state agency's plan related to accessibility standards. The bill states that any state agency that is not in full compliance by July 1, 2024, is in violation of the state's laws concerning discrimination against individuals with a disability and is subject to the remedies set forth in statute.

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

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

The bill clarifies that the existing authority of cities and counties to plan for and regulate the use of land includes the authority to regulate development or redevelopment in order to promote the construction of new affordable housing units. The provisions of the state's rent control statute do not apply to any land use regulation that restricts rents on newly constructed or redeveloped housing units as long as the regulation provides a choice of options to the property owner or land developer and creates one or more alternatives to the construction of new affordable housing units on the building site. The bill clarifies that the existing authority of cities and counties to plan for and regulate the use of land includes the authority to regulate development or redevelopment in order to promote the construction of new affordable housing units. The provisions of the state's rent control statute do not apply to any land use regulation that restricts rents on newly constructed or redeveloped housing units as long as the regulation provides a choice of options to the property owner or land developer and creates one or more alternatives to the construction of new affordable housing units on the building site. The bill also states that it should not be construed to authorize a local government to adopt or enforce any ordinance or regulation that would have the effect of controlling rent on any existing private residential housing unit in violation of the existing statutory prohibition on rent control .

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

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

Under existing law, certain residential landlords must give 10 days' notice to tenants prior to starting eviction proceedings for failure to pay rent or for a first or subsequent violation of any other condition or covenant other than a substantial violation. The bill requires landlords to give 14 days' notice in those situations.Under existing law, the clerk of the court or the attorney for the plaintiff may issue a summons to a defendant in an eviction action. The bill requires that the clerk of the court issue the summons in a residential eviction action. The bill extends the period for which the summons must be issued from 7 days before the court appearance to 14 days before the court appearance. Under existing law, a court summons in an existing action must contain a statement to the defendant that explains the consequences for failing to answer the summons and requirements related to certain defenses. The bill includes updated language explaining the consequences for failing to answer, the content of a defendant's answer, and fees and deposits related to filing an answer.Under existing law, in certain circumstances, a person may serve a notice to quit or summons to the tenant by posting a copy of the notice or summons and the complaint in a conspicuous place upon the premises and a person may serve a notice to quit by leaving it with a member of the tenant's family who is at least 15 years old. The bill removes those provisions for service in residential tenancy actions and requires that the notice to quit or summons be served in the same manner as any other civil action.

Under existing law, if a landlord wins judgment in an eviction action, the court cannot issue a writ of restitution, which directs the county sheriff to assist the landlord in removing the tenant, until 48 hours after judgment. The bill extends the period for residential evictions to 14 days after judgment. The bill prohibits a sheriff from executing a writ of restitution until at least 10 days after judgment.

The bill prohibits residential landlords from increasing rent more than one time in a 12-month period of tenancy.

The bill extends the notice period for nonpayment of rent for a home owner in a mobile home park from 10 days to 14 days.

Under existing law, for a tenancy of one month or longer but less than 6 months in which there is no written agreement between the landlord and tenant, a landlord must give 21 days' written notice to the tenant prior to increasing the rent. For a residential tenancy, the bill extends the notice period to 60 days and makes it apply to a tenancy of any duration without a written agreement. The bill prohibits a landlord from terminating a residential tenancy in which there is no written agreement with the primary purpose of increasing a tenant's rent without providing 60 days' notice.

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

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

The bill facilitates business entities' ability to conduct business activities electronically by:

• Defining terms, including address, delivery, document, e-mail, electronic transmission, notice, and sign, that relate to electronic communications;
• Specifying how notice may be given by electronic transmission; and
• Establishing requirements for remote participation in shareholders' and directors' meetings.
  (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Under current law, local governments are prohibited from requiring or banning the use or sale of specific types of plastic materials or products. Section 1 repeals the prohibition on July 1, 2023.Section 2 The bill prohibits stores and retail food establishments, on and after September 1, 2022, from providing single-use plastic carryout bags to customers ; except that a retail food establishment that is a restaurant and not a store or convenience store may provide single-use plastic carryout bags . The prohibition does not apply to inventory purchased before September 1, 2022, and used on or before March 31, 2023, which may be supplied to a customer at the point of sale for a 10-cent fee.

Between September 1, 2021, and September 1, 2022, a store may furnish a recycled paper carryout bag or a single-use plastic carryout bag to a customer at the point of sale if the customer pays a fee of 10 cents per bag or a higher fee adopted by the municipality or county in which the store is located.

On and after September 1, 2022, a store may furnish only a recycled paper carryout bag to a customer at the point of sale at a fee of 10 cents per bag or a higher fee imposed by the municipality or county in which the store is located.

A store is required to remit, on a quarterly basis beginning January 1, 2022, 60% of the carryout bag fee revenues to the municipality or county within which the store is located and may retain the remaining 40% of the carryout bag fee revenues. A municipality or county may use its portion of the carryout bag fee revenues to pay for its administrative and enforcement costs and any recycling, composting, or other waste diversion programs or related outreach or education activities.

The carryout bag fee does not apply to a customer that provides evidence to the store that the customer is a participant in a federal or state food assistance program.

Section 2 The bill also prohibits a retail food establishment, on and after January 1, 2022, from distributing an expanded polystyrene product for use as a container for ready-to-eat food in this state. The prohibition does not apply to retail food establishments located within certain schools until January 1, 2023 2024 ; except that the prohibition does not apply to a high school until January 1, 2024 2025 .

Retail food establishments that purchase expanded polystyrene products before January 1, 2022, may continue to use the products until their supply is depleted ; except that a retail food establishment located in a school may continue to use the products for up to 3 months after the school is required to comply with the prohibition .Section 2 The bill also authorizes a local government to enforce against a violation of section 2 the bill and expressly authorizes a county to impose a civil penalty against a store or retail food establishment of $500 for a second violation or $1,000 for a third or subsequent violation ; except that a local government cannot enforce a violation committed by a retail food establishment located within a school .On and after July 1, 2023, a local government may enact, implement, or enforce an ordinance, resolution, rule, or charter provision that is as stringent as or more stringent than the requirements set forth in the bill.The bill does not apply to materials used in the packaging of pharmaceutical drugs, medical devices, or dietary supplements or any equipment or materials used to manufacture pharmaceutical drugs, medical devices, or dietary supplements.For the 2021-22 state fiscal year, the bill appropriates $51,838 from the general fund to the department of corrections for use by institutions for operating expenses related to the food service subprogram.

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

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

The bill requires local governments, including school districts, with a procurement budget of a certain size to collect data regarding the participation of historically underutilized businesses in local government procurement for a 5-year period and requires the local government to annually report that data to the secretary of state. The bill requires the secretary of state to share summarized data with the department of local affairs. The bill further requires the department of local affairs to annually include the summarized data received from the secretary of state (department), no later than August 13, 2021, to establish a pilot program to help local governments identify perceptual and substantial barriers to entry for historically underutilized businesses in local government procurement.The bill requires local governments participating in the pilot program to consider a number of items, such as:

• Identifying implementation needs, such as labor and technology, for historically underutilized businesses preference programs for local government procurement (programs);
• Determining the appropriate size contracts that would benefit from a program; and
• Creating a sample program that all local governments may use and articulate the necessary steps to build a program.

The bill specifies that pilot program participants may collaborate with the department and the general assembly on future legislation requiring local governments to establish programs.In January 2022, the department is required to report on the progress of the pilot project as part of the department's presentation to its committee of reference at a hearing held pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act".In January 2023, the department is required to include the findings of the pilot project as part of the department's presentation to its committee of reference at a hearing held pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act".

The bill defines a historically underutilized business as a business that is at least 51% owned and controlled, in both the management and day-to-day business decisions, by one or more individuals who are:

• Members of a racial or ethnic minority group;
• Non-Hispanic Caucasian women;
• Persons with physical or mental disabilities;
• Members of the lesbian, gay, bisexual, and transgender community; or
• Veterans.

(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.)

A recent Colorado supreme court case held that in a civil action when an employer admits liability for the tortious actions of its employee, the plaintiff cannot assert direct negligence claims against the employer arising out of the same incident. The bill allows a plaintiff to bring such claims against an employer or against a principal that admits liability for the actions of its agent.

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

The bill prohibits an employer, including a licensed health facility, from taking adverse action against an employee or an applicant for employment based on the employee's or applicant's COVID-19 immunization status. The bill allows an aggrieved employee or applicant for employment to file a civil action for injunctive, affirmative, and equitable relief and, if the employer or health facility acted with malice or wanton or willful misconduct or has repeatedly violated the law, the court may also award punitive damages and attorney fees and costs.

Additionally, the bill specifies that the COVID-19 vaccine is not mandatory, that the state cannot require any individual to obtain a COVID-19 vaccine, and that government agencies and private businesses, including health insurers, cannot discriminate against clients, patrons, or customers based on their COVID-19 vaccination status. A person aggrieved by a violation of these prohibitions may file a civil action for injunctive and other appropriate relief and may be awarded punitive damages and attorney fees and costs for wanton, willful, or repeated violations.

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

No later than Beginning June 1, 2022, a health-care facility shall screen each uninsured patient for eligibility for public health insurance programs, discounted care through the Colorado indigent care program (CICP), and discounted care as described in the bill. Health-care facilities shall use a single uniform application developed by the department of health care policy and financing (department) when screening a patient. If a health-care facility determines a patient is ineligible for discounted care, the facility shall provide the patient notice of the determination and an opportunity for the patient to appeal the determination.Beginning June 1, 2022, for emergency and other non-CICP health-care services provided to qualified patients, a health-care facility and licensed health-care professional shall limit the amounts charged to not more than 80% of the medicare rate if the patient is uninsured the discounted rate established by the department ; collect amounts charged in monthly installments such that a patient is not paying more than 5% 4% of the patient's monthly household income on a bill from a health-care facility and not paying more than 2% of the patient's monthly household income on a bill from a licensed health-care professional ; and after a cumulative 36 months of payments, consider the patient's bill paid in full and permanently cease any and all collection activities on any balance that remains unpaid.Beginning June 1, 2022, a health-care facility shall make information about patient's rights and the uniform application for discounted care available to the public and to each patient.

Beginning June 1, 2023, and each June 1 thereafter, each health-care facility shall collect and report to the department data that the department determines is necessary to evaluate compliance across patient groups based on race, ethnicity, and primary language spoken with the required screening, discounted care, payment plan, and collections practices.

No later than April 1, 2022, the department shall develop a written explanation of a patient's rights, make the explanation available to the public and each patient, and establish a process for patients to submit a complaint relating to noncompliance with the requirements. The department shall periodically review health-care facilities and licensed health-care professionals (hospital providers) to ensure compliance, and the department shall notify the hospital provider if the hospital provider is not in compliance that the hospital provider has 90 days to file a corrective action plan with the department. A hospital provider may request up to 120 days to submit a corrective action plan. The department may require a hospital provider that is not in compliance to develop and operate under a corrective action plan until the department determines the hospital provider is in compliance. The bill implements fines for hospital providers if the department determines the hospital provider's noncompliance is knowing or willful.

The bill imposes requirements on hospital providers before assigning or selling patient debt to a medical creditor or before pursuing any permissible extraordinary collection action and imposes fines for any hospital provider that fails to comply with the requirements.

The bill prohibits a medical creditor from using impermissible extraordinary collection actions to collect debts owed for health-care services provided by a hospital provider services . A medical creditor may engage in permissible extraordinary collection actions 180 182 days after the first bill for a medical debt is sent to the patient receives hospital services . At least 30 days before taking any permissible extraordinary collection action, a medical creditor shall provide the patient with a notice about the discounted care policy, the permissible extraordinary collection actions that will be initiated, and a deadline after which such permissible extraordinary collection actions will be initiated notify the patient of potential collection actions and shall include with the notice a statement that explains the availability of discounted care for qualified individuals and how to apply for such care . If a patient is later found eligible for discounted care, the medical creditor shall reverse any permissible extraordinary collection actions.Beginning June 1, 2022, a medical creditor shall not sell a medical debt to another party unless, prior to the sale, the medical debt seller has entered into a legally binding written agreement with the medical debt buyer to which certain terms are agreed to. The medical debt seller shall indemnify the medical debt buyer for any amount paid for a debt that is returned to or recalled by the medical debt seller.Beginning June 1, 2022, the department shall promulgate rules prohibiting hospitals from considering assets when determining whether a patient meets the specified percentage of the federal poverty level for CICP and ensuring the method used to determine whether a patient meets the specified percent is uniform across hospitals.

(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.)

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

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

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

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

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

The bill limits the definition of defines "overpayments" of workers' compensation benefits to include only benefits paid as money received by a claimant that:

• Is a result of fraud;
• Is the result of an error due only to miscalculation, omission, or clerical error asserted in a new admission of liability ;
• Is paid in error or excess of an admission order that exists at the time that the benefits are paid to a claimant ; or
• Duplicate benefits that result from offsets that reduce disability or death benefits paid to a claimant.

The bill also:

• Clarifies that this limit does not prevent an insurance carrier from receiving a credit against permanent disability benefits for temporary disability benefits paid beyond the date of maximum medical improvement or an administrative law judge from determining overpayments and requiring repayment of overpayments ; and
• Prohibits the director of the division of workers' compensation or an administrative law judge from reopening an award of benefits paid to a claimant due to an overpayment except in limited, specific circumstances.

(Note: 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.)

Section 2 of the bill:

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

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

The bill creates the outdoor recreation industry office in the office of economic development. The director of the outdoor recreation industry office is designated by and reports to the director of the office of economic development.

The outdoor recreation industry office serves as a central coordinator of outdoor recreation industry matters.

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

Under current law, when real property is sold in a foreclosure sale for an amount above the value of the lien on the property, any excess amount (overbid), after paying all junior lienors, is paid to the owner of the property as of the recording of the election to foreclose. The bill requires that any overbid is instead paid to the person liable under the related evidence of debt constituting a mortgage loan or deed of trust .

The bill also adds to the definition of "qualified holder" a private company that originates, insures, guaranties, or purchases loans on behalf of an entity that holds time-share evidence of debt and deeds of trust a holder of evidence of debt that is secured by a deed of trust encumbering a time share estate with a minimum of $5 million in assets or not less than 1,000 loans.

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

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

The bill increases requirements for disclosure and transparency in the operations of unit owners' associations (HOAs) in common interest communities, including:

• Posting on the HOA information and resource center's website the community's governing documents, and any amendments to those documents, in addition to recording them in the county land records as required by current law ( sections 5 and 17 of the bill);
• Supplying a list of the HOA's current fees chargeable upon sale of a home in the community to the HOA information and resource center for posting on the center's own website ( sections 14 and 17 );
• Posting on a website, with the web address communicated annually to all unit owners, the contact information for the HOA and its management company, if any, as well as other information currently required to be disclosed ( section 6 );
• Specifically authorizing the state internet portal authority to coordinate with the HOA information and resource center to host HOA websites on behalf of registered HOAs ( sections 1 and 17 );
• Allowing unit owners to place items on a meeting agenda by petition, to record any portion of an open meeting, and to invite a registered parliamentarian to observe executive board elections ( sections 11 and 12 );
• Limiting the use of proxies by requiring express delegation of a unit owner's voting rights in a signed, dated writing (section 12);
• Prohibiting any action to be taken at an open meeting by written or secret ballot unless at least 20% of the unit owners in attendance or represented by proxy so request (section 12); and
• If access to association records required to be provided within 30 calendar days after a request was submitted by certified mail is withheld beyond that period, penalizing the HOA $50 per day for not providing them (section 14).

The bill also requires:

• Members of an HOA's executive board to either certify that they know and fully understand the HOA's governing documents or complete a free, online basic training course offered or approved by the HOA information and resource center ( sections 8 and 17 );
• The executive board to commission a reserve study at least every 3 years and, at least annually, to adjust the HOA's finances accordingly ( sections 7 and 10 ); and
• All contracts for goods or services over a specific dollar amount to be awarded based on a competitive bid process involving at least 3 bids if possible ( section 13 ).

For purposes of the reserve study requirements, HOAs with fewer than 35 residential units that do not employ professional association managers may conduct an internal reserve study.Under current law, the developer of a subdivision (declarant) is not required to transfer control of the HOA to executive board members representing the owners of units in the subdivision until specified percentages of the units are sold to initial purchasers. Section 10 places limits on the amount of time that may pass before the declarant must turn over control of the HOA to unit owners, regardless of the percentage of units that remain unsold, and requires the annual budget to detail proposed allocations to the reserve fund and a history of the prior year's expenditures from the reserve fund. Section 10 also requires any vacancy on the executive board that occurs more than 60 days before the next board election to be filled by a special election rather than by the remaining board members as allowed by current law.Section 9 prohibits the HOA from closing off or limiting use of the common elements except for a finite period of time, with advance notice to unit owners and a statement of the reason for the closure, and prohibits the selective scheduling of maintenance on common elements to immediately benefit certain units in preference over others.Upon the sale of a unit, current law requires disclosure to the buyer of certain HOA documents. Section 14 requires the HOA to ensure that the documents provided to a buyer or posted online are correct and complete, and gives the buyer the right to sue for damages if they are not. Section 15 requires the HOA to disclose whether a loss has occurred to common property that may result in a future assessment against unit owners, and section 16 requires property and casualty insurers to pay claims for loss assessments based on when the assessment is made rather than when the loss occurred, thus avoiding a potential gap in coverage for the buyer of the unit.Section 2 adds specificity to the requirement that HOAs allow installation of renewable energy generation devices (e.g., solar panels) subject to reasonable aesthetic guidelines by requiring approval or denial of a completed application within 60 days and requiring approval if imposition of the aesthetic guidelines would result in more than a 10% reduction in efficiency or a 10% increase in price.Section 3:

• Amends current provisions regarding political yard signs to specify that the election season during which such signs must be permitted begins 45 days before the first mail-in ballots are sent to voters, rather than 45 days before the official date of the election; and
• Specifically includes nonvegetative turf grass (also known as artificial turf) among the types of drought-tolerant landscaping materials that the HOA may regulate but not prohibit.

Section 4 requires any dispute between the HOA and a unit owner to be submitted to mediation, either through the office of dispute resolution within the Colorado judicial branch or through other available mediation services, prior to the commencement of any legal proceeding. The HOA's acceptance of a settlement proposed by the mediator does not preclude the HOA from enforcing covenants or rules in any future proceeding.The bill increases requirements for disclosure and transparency in the operations of unit owners' associations (HOAs) in common interest communities, including requiring an HOA to maintain and keep available to unit owners, as part of its official records:

• A list of the HOA's current fees chargeable upon sale of a home in the community; and ( section 4 )
• Other information currently required to be disclosed annually under existing law, including financial statements, reserve fund balances, insurance policies, and meeting minutes (section 4);

If access to the association records described above are not provided within 30 calendar days after a request was submitted by certified mail, the HOA is liable for a penalty of $50 per day for not providing them (section 4).

Section 2 adds specificity to the requirement that HOAs allow installation of renewable energy generation devices (e.g., solar panels) subject to reasonable aesthetic guidelines by requiring approval or denial of a completed application within 60 days and requiring approval if imposition of the aesthetic guidelines would result in more than a 10% reduction in efficiency or a 10% increase in price. Section 1 specifically includes nonvegetative turf grass (also known as artificial turf) among the types of drought-tolerant landscaping materials that the HOA may regulate but not prohibit in the backyard area of a unit. Section 3 adds a similar provision to a companion statute.

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

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

The bill directs the office of information technology in consultation with the secretary of state, the statewide internet portal authority, the department of regulatory agencies, and an appointee of the governor who has experience with digital transformation, to take primary responsibility to develop a centralized, statewide internet portal search interface for access to all agency rule-making that is highly visible on the state's main website portal, and that meets various standards specified in the bill and to make the portal search interface available for use by June 30, 2022.The bill appropriates $368,194 and 2.1 FTE from the general fund to the office of the governor for use by the office of information technology and $108,718 from the department of state cash fund to the department of state.

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

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

The bill requires the commissioner of insurance (commissioner) in the department of regulatory agencies to establish a standardized health benefit plan (standardized plan) by rule to be offered by health insurance carriers (carriers) in the individual and small group markets. The standardized plan must:

• Offer health-care coverage at the bronze, silver, and gold levels;
• Include pediatric and other essential health benefits;
• Be offered through the Colorado health benefit exchange and in the individual market ;
• Be a standardized benefit design created through a stakeholder engagement process;
• Provide first-dollar, predictable coverage for certain high value services; and
• Be actuarially sound and allow carriers to meet financial requirements;
• Comply with state and federal law; and
• Have a provider network (network) that is culturally responsive and reflects the diversity of its enrollees.

The bill requires the commissioner to:

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

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

• An individual health benefit plan in Colorado to offer the standardized plan in the individual market; and
• A small group health benefit plan in Colorado to offer the standardized plan in the small group market.

For 2023, each carrier shall set a goal of offering offer a standardized plan premium that is at least 10% 6% less than the premium rate for health benefit plans offered by that carrier in the 2021 calendar year in the individual and small group market s , as adjusted for medical inflation . For 2024, each carrier shall set a goal of offering offer a standardized plan premium that is at least 20% 12% less than the premium rate for health benefit plans offered by that carrier in the 2021 calendar year in the individual and small group market s , as adjusted for medical inflation . For 2025, each carrier shall offer a standardized plan premium that is at least 18% less than the premium rate for health benefit plans offered by that carrier in the 2021 calendar year in the individual and small group markets, as adjusted for medical inflation. For 2025 2026 and each year thereafter, carriers are encouraged to shall limit annual premium rate increases for the standardized plan to no more than the consumer price index plus one percent medical inflation , relative to the previous year.The Colorado option authority (authority) is created for the purpose of operating as a carrier to offer the standardized plan as the Colorado option if the carriers do not meet the established premium rate goals. The authority shall operate as a nonprofit, unincorporated public entity. The authority is required to implement a provider fee schedule as established by the commissioner in consultation with the executive director of the department of health care policy and financing. Health-care providers and health facilities are required to accept consumers who are enrolled in any health benefit plan offered by the authority.The bill requires each carrier to file rates for the standardized plan. If a carrier or health-care provider anticipates that a carrier will be unable to meet network adequacy standards or the premium rate requirements, the carrier or the health-care provider may initiate nonbinding arbitration prior to filing rates for the standardized plans. If a carrier cannot meet the premium rate requirements, the carrier must notify the commissioner of the reasons. The commissioner may hold a public hearing concerning network adequacy and premium rates. Based on evidence at the hearing, the commissioner may establish carrier reimbursement rates for hospitals and health-care providers and require the hospitals and health-care providers to accept patients and the established reimbursement rates.

The bill creates an advisory committee board to make recommendations to the authority concerning the development, implementation, and operation of the authority implement part 13 of the bill.

The commissioner is required to may apply to the secretary of the United States department of health and human services for a state innovation waiver and include a request for a pass-through of federal funding to capture savings as a result of the implementation of the standardized plan. Upon approval of the waiver, the commissioner is authorized to use any federal money for the implementation of the bill and for the Colorado health insurance enterprise.The bill requires the commissioner to contract with an independent third party to prepare reports regarding the implementation of the bill. The commissioner is required to report during the hearings conducted pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act".

The commissioner is required to disapprove of a rate filing submitted by a carrier if the rate filing reflects a cost shift between the standardized plan and the health benefit plan for which rate approval is being sought.

The bill makes the failure to accept consumers who are covered through the Colorado option or the balance billing of a patient grounds for discipline under specified practice acts authorizes the director of the division of professions and occupations in the department of regulatory agencies (director) to assess an administrative fine against a licensee, certificate holder, and registrant for refusing to participate in the standardized plan or to accept reimbursement rates in violation of the bill. The bill authorizes the director to issue a warning and to fine a hospital that refuses to participate in the standardized plan.The bill repeals the authority and its functions if the United States congress establishes a national public option program that meets or exceeds the premium rate goals set forth in and health-care coverage pursuant to this bill.The bill creates the office of the insurance ombudsman in the department of health care policy and financing to act as an advocate for consumer interests in matters related to access to and affordability of the standardized plan.

$1,199,637 is appropriated to the department of regulatory agencies to implement the bill.

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

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

The department of personnel (department) is required to contract for the services of a pharmacy benefit manager (PBM) for group benefit plans provided pursuant to the "State Employees Group Benefits Act" (state employee group benefits plans) and to procure a technology platform with the required capabilities for conducting a PBM reverse auction and the related services of a technology platform operator.

The department is required to repurpose the technology platform used to conduct the reverse auction over the duration of the PBM services contract to perform reviews of all invoiced PBM prescription drug claims, and to identify all deviations from the specific terms of the PBM services contract. The department is required to reconcile the electronically adjudicated pharmacy claims with PBM invoices to ensure that state payments do not exceed the terms specified in any PBM services contract.

Each PBM reverse auction is required to be completed and the PBM services contract awarded to the winning PBM within a specified timeline.

The department may perform a market check for providing PBM services during the term of the current PBM services contract to ensure continuing competitiveness of incumbent prescription drug pricing over the life of a PBM services contract.

To ensure that the department does not incur additional expenditures associated with the requirements of the bill, the department is required to implement a no-pay option that obligates the winning PBM to pay the cost of the technology platform and related technology platform operator services by assessing a per-prescription fee and requiring the PBM to pay these fees to the technology operator over the duration of the PBM services contract.

The bill allows other health plans to use the processes and procedures established in the bill individually, collectively, or as a joint purchasing group with the state employee group benefits plans.

After completion of the first state employees group benefits plans PBM reverse auction, self-funded private sector employer or multi-employer health plans have the option to participate in a joint purchasing pool with state employees for conduct of subsequent PBM reverse auctions.

The state employees group benefits plans and any self-funded public or private sector health plans that opt to participate with the state employees group benefits plans in a joint PBM reverse auction purchasing pool shall retain full autonomy over determination of their respective prescription drug formularies and pharmacy benefit designs and shall not be required to adopt a common prescription drug formulary or common prescription pharmacy benefit design.

Any PBM providing services to the department or a self-funded public or private sector employee health plan is required to provide the department and the plan access to complete pharmacy claims data necessary to conduct the reverse auction and carry out their administrative and management duties.

The department may elect to vacate the outcome of a PBM reverse auction if the lowest cost bid is not less than the projected cost trend for the incumbent PBM contract as verified by the department.

(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.)

Each contract for a dating, matrimonial, or personal referral service (social referral service) must provide that the buyer may cancel the contract by providing written notice to the seller within 3 business days after the date upon which the buyer receives a copy of the written contract or the date upon which the social referral service is made available to the buyer, whichever is later.A seller of a social referral service must disclose to buyers certain information regarding the buyers' right to cancel the service. A seller that receives a timely notice of cancellation from a buyer must refund to the buyer all money paid by the buyer pursuant to the contract within 10 business days after receiving the notice of cancellation.The bill states that, in addition to any other right to revoke an offer, a buyer has the right to cancel a dating service contract until midnight of the third business day after the day on which the buyer signs the contract.A dating service contract must be set forth in writing, which, in the case of an online dating service contract, may be an electronic writing made available for viewing online. Each dating service contract must contain on its face, in close proximity to the space reserved for the signature of the buyer, a conspicuous statement concerning the buyer's right to cancel the contract.A dating service contract may not require payments or financing by the buyer over a period exceeding 2 years after the date the contract is entered into, nor may the term of any such contract be measured by the life of the buyer.Each dating service contract must contain language providing that:

• If by reason of death or disability the buyer is unable to receive all services for which the buyer has contracted, the buyer and the buyer's estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability, so long as the buyer or the buyer's estate provides written verification of the death or disability to the dating service;
• If the buyer has prepaid any amount for services, so much of the amount prepaid that is allocable to services that the buyer has not received shall be promptly refunded to the buyer or the buyer's representative; and
• If the physician verifying the buyer's disability determines that the duration of the disability will be less than 6 months, the dating service may extend the term of the contract for a period of 6 months at no additional charge to the buyer in lieu of cancellation.

If a dating service provides services within a limited geographical area, and a buyer relocates the buyer's primary residence more than 50 miles from the dating service office and is unable to transfer the contract to a comparable facility, the buyer may elect to be relieved of the obligation to make payment for services other than those received prior to the relocation, and if the buyer has prepaid any amount for services, so much of the amount prepaid that is allocable to services that the buyer has not received shall be promptly refunded to the buyer.An online dating service shall provide notice to all of its members in this state who the online dating service knows have previously received and responded to an on-site message from a banned member. The notice must include certain information concerning the banned member and how to avoid online fraud.

A person that makes an automatic renewal offer contract to a consumer in this state must:

• Present the terms in a clear and conspicuous manner;
• Obtain the consumer's affirmative consent to the agreement contract before charging the consumer;
• Provide the consumer a written acknowledgment that includes the offer contract terms, the cancellation policy, and information regarding how to cancel; and
• Provide a simple, cost-effective, timely, and easy-to-use mechanism for canceling the agreement contract .

A person that sells a good or service to a consumer pursuant to a an automatic renewal contract with an initial term of 12 months, which contract will automatically renew for any additional term, must notify the consumer of that the automatic renewal at least contract will automatically renew unless the consumer cancels the contract. The notice must be sent no more than 30 days before the first automatic renewal and no more than 60 30 days before the cancellation deadline for the first automatic renewal and each subsequent automatic renewal.

A person that sells a consumer a contract with a trial period offer, which contract will renew at the end of a trial period offer, shall satisfy similar requirements.

• Notify the consumer of the automatic renewal at least 15 and no more than 30 days before the expiration of the trial period offer; and
• Obtain the consumer's affirmative consent to the automatic renewal before charging the consumer for the automatic renewal.

The bill exempts certain persons from the new provisions concerning automatic renewal offers contracts .

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

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

The bill prohibits a legal entity that targets products or services to people in Colorado (covered entity) from collecting, storing, or using biometric identifiers of a Colorado consumer unless it:

• Provides the consumer with information about what biometric identifiers are collected;
• Obtains the consent of the consumer to the collection, storage, or use of the biometric identifiers; and
• Informs the consumer that the consumer can revoke consent at any time and how to do so.

If a consumer revokes consent to collect, store, or use biometric identifiers, the covered entity is required to cease collection within 30 days and to delete or destroy any biometric identifiers it has stored. A violation of the bill's requirements is an unfair or deceptive trade practice.

A governmental entity is prohibited from acquiring, possessing, or using biometric identifiers or a biometric surveillance system unless authorized by statute. A governmental entity is prohibited from selling, releasing, or publicly disclosing biometric identifiers or information from a biometric surveillance system in its possession and from buying or otherwise receiving such information from a third party, unless:

• The sale, disclosure, or receipt of the information is necessary to comply with a court order or rule or with state or federal law; or
• The person who is the subject of the information consents in writing.

An individual can bring a private right of action against a governmental entity that violates the bill's requirements. Upon a finding of a violation, a court can award actual damages, punitive or exemplary damages, reasonable attorney fees and costs, and other relief.

"Biometric identifier" is defined to include a retina or iris scan, a voice print, a face print, a fingerprint or palm print, or any other unique identifying information based on an individual's immutable characteristics.

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

The public employees' retirement association (PERA) board (board) is required to create an exclusion list of all fossil fuel companies in whose stocks, securities, equities, assets, or other obligations PERA has any money or assets directly invested. The board is required to notify any company on the list of its inclusion on the list and of the divestment requirements of the bill. The board is required to periodically update the exclusion list.

A company that was included on the exclusion list may request that it be removed from the list on the basis of clear and convincing evidence that it is not currently a fossil fuel company or that it will no longer meet such definition by a certain date.

Within 6 months from the completion of the exclusion list, the board is required to issue a determination as to whether divestment from the companies on the exclusion list complies with the board's fiduciary obligations. If the board determines that divestment from any company on the exclusion list does not comply with its fiduciary obligations, the board will remove the company from the exclusion list.

Beginning one year after the effective date of the bill, the board is required to:

• Divest the funds managed by PERA (fund) of any stocks, securities, equities, assets, or other obligations of companies on the exclusion list in which any money or assets of the fund are directly invested; and
• Cease new direct investments of any money or assets of the fund in any stocks, securities, or other obligations of any company that is a fossil fuel company.

The board is required to complete divestment from fossil fuel companies by a specified date.

Beginning one year after the effective date of the bill, the board is required to endeavor to ensure that no money or assets of the fund are invested in an indirect investment vehicle unless the board is satisfied that such indirect investment vehicle is unlikely to have in excess of 2% of its assets directly or indirectly invested in fossil fuel companies.

The board is required to issue periodic reports to the members of the pension review commission of the general assembly outlining all actions taken to comply with the requirements of the bill.

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

The bill creates the Colorado meeting and events incentive program (program) in the Colorado tourism office (office) to provide rebates and direct support to eligible events and eligible personal events in Colorado to assist in the state's recovery from the COVID-19 pandemic.An eligible personal event means a wedding, family reunion, or other personal event that:

• Takes place in Colorado between July 1, 2021, and December 31, 2021;
• Generates at least 25 paid overnight stays in a motel, hotel, vacation rental, or other lodging establishment;
• Can demonstrate a significant economic benefit for the host community as determined by the office; and
• Meets any additional criteria established by the office.

An eligible event means an event other than an eligible personal event, including a meeting, conference, or festival, that:

• Takes place in Colorado between July 1, 2021, and December 31, 2022;
• Can demonstrate a significant economic benefit for the host community as determined by the office;
• Generates at least 25 paid overnight stays in a motel, hotel, vacation rental, or other lodging establishment; and
• Meets any additional criteria established by the office.

The program may offer rebates of up to 10% of the hard costs of an eligible event or eligible personal event. A hard cost means an actual incurred cost associated with hosting the event, as determined by the office in consultation with industry stakeholders. The program may also offer rebates of up to 25% for COVID-19-related costs, which are hard costs that are directly related to complying with public health orders or other mandates issued in response to the COVID-19 pandemic, as determined by the office in consultation with industry stakeholders. The primary organizer or booking agent, as determined pursuant to guidelines developed by the office, may apply for and receive the rebate for an eligible event.

The program may provide direct support to attract eligible events that have the potential to generate significant economic impact and affect multiple counties. The costs of all such direct support cannot exceed 5% of the total appropriation for the program.

The office is required to create guidelines for the program. In doing so, the office must consider mechanisms to:

• Make rebates and direct support available equitably and proportionally across the state;
• Prioritize events with significant economic impacts; and
• Retain existing events with a demonstrated risk of cancellation, delay, or relocation in addition to attracting new events to the state.

The program is repealed, effective July January 1, 2024.

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

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

The bill creates the stimulus investments in reskilling, upskilling, and next-skilling workers program (program) as an initiative of the state work force development council (state council) to facilitate training for unemployed and underemployed workers in the state during times of substantial unemployment, defined as a statewide an unemployment rate that exceeds 4% statewide or within a work force development area . The bill appropriates $25 million for the program and directs the state council to use the money to support individuals in need of:

• Reskilling, which supports unemployed and underemployed workers to change industries in order to return to work or obtain more appropriate work based on their skills;
• Upskilling, which assists workers in increasing skill levels to retain or advance in their employment; or
• Next-skilling, which supports workers in developing future-ready skills necessary for employment in the twenty-first century.

The state council, in collaboration with the department of labor and employment (department) , is directed to allocate funding as follows:

• $2.75 million to local work force development areas and to develop for the program;
• $3 million for a grant program developed by the state council to award grants to other partners to provide reskilling, upskilling, and next-skilling supports to eligible individuals for up to 13 months ; and
• $1.25 million fror the department to conduct outreach and recruitment, provide access to digital platforms for career navigation, issue licenses for virtual training classes, and implement, administer, and report on the program, with any portion of the money allocated for these that is unencumbered and unexpended as of June 30, 2022, reallocated for the program and the grant program.

Starting in 2022, as part of the Colorado talent report, the state council is directed to report on the activities and outcomes resulting from the program. The program repeals on June 30, 2024.

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

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

The bill continues for June 2021, July 2021, and August 2021 a temporary deduction from state net taxable sales for qualifying retailers in the alcoholic beverages drinking places industry, the restaurant and other eating places industry, and the mobile food services industry in the state in order to allow such qualified retailers to retain the resulting sales tax collected as assistance for lost revenue as a result of the economic disruptions due to the presence of coronavirus disease 2019 (COVID-19) in Colorado.

The bill also expands the definition of qualifying retailers to include those in the catering industry, and the food service contractors industry, and the hotel-operated restaurant, bar, or catering service.

(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.)

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

Section 1 also requires that, on or before June 1, 2027, a covered building owner demonstrate that, in 2026, the covered building met performance standards set forth in the bill. A covered building owner must demonstrate compliance with the performance standards every 5 years after June 1, 2027. A task force consisting of various building owners, building professionals, utility representatives, and local government representatives is authorized to recommend modifications of the performance standards for adoption as rules by the air quality control commission (commission), which is required to adopt rules in 2026 or 2027 that extend or modify the performance standards and waivers and extensions of time related to the performance standards . Thereafter, the commission may, as the commission deems necessary, modify the performance standards by rule.Section 2 authorizes the office to use the energy fund to help finance its work to administer the benchmarking and performance standard program described in section 1 (program).Section 2 3 requires the office to administer the program and assist covered building owners with the reporting requirements set forth in section 1 by:

• Creating a database of covered buildings and owners required to comply with section 1;
• Tracking compliance with the program and providing a list of noncompliant owners of covered buildings to the division of administration in the department of public health and environment;
• Developing publicly available, digitally interactive maps and lists showing the energy-use and performance-standard data reported;
• Coordinating with any local government that implements its own energy benchmarking requirements or energy performance program, including coordination of reporting requirements; and
• Collecting an annual fee from owners of covered buildings of $100 per covered building ; except that owners of certain types of public covered buildings are exempt from paying the fee . The office is required to transfer the fees collected to the state treasurer, who will credit the fees to the climate change mitigation and adaptation fund (fund) created in section 2 3 .

Section 3 4 imposes penalties for violations of section 1 of up to $500, up to $2,000, or up to $5,000, depending on whether the violations are first violations or subsequent violations, and requires that the civil penalty payments be credited to the fund. Certain subsequent violations are also subject to a penalty of 2 cents per square foot of gross floor area of the covered building for each day that the violations continue. Owners of certain types of public covered buildings are exempt from paying the penalties.Section 4 5 modifies the definition of an "energy performance contract" that a governing body of a municipality, county, special district, or school district (board) enters into for evaluation, recommendations, or implementation of energy-saving measures to remove requirements that a board's payment for goods and services pursuant to the contract be made within a certain number of years of the contract's execution.

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

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

The bill creates the Colorado startup loan program (program) in the office of economic development (office) as a revolving loan program to provide loans and grants to businesses seeking capital to start, restart, or restructure a business. The office may must contract with a business nonprofit organization, bank, nondepository community development financial institution, or other entity to administer the program, and does not have direct lending authority to make loans under the program .

The office or an administrator is required to establish policies for the program, including:

• The process and deadlines for applying to the program;
• The eligibility criteria for businesses;
• Maximum assistance levels for loans and grants;
• Loan terms, program fees, and underwriting and risk management policies; and
• Reporting requirements for recipients.

The policies must be developed with the goal of generating enough return to replenish the Colorado startup loan program fund (fund) for further loan allocations.

In determining the eligibility of applicants and the size and terms of loans and grants, the office or an administrator must consider:

• The need of the business to restructure as a result of the COVID-19 pandemic or the ability of the business to fill gaps left by closures resulting from the COVID-19 pandemic;
• The financial losses or other impacts from the COVID-19 pandemic that may inhibit an entrepreneur from obtaining capital through traditional sources;
• Whether the applicant or the applicant's community faces other barriers to accessing capital from traditional sources; and
• The applicant's financial needs and repayment ability and any technical assistance the applicant is receiving the likelihood the applicant would need to be supported by a nontraditional lender .

If the administrator determines that an applicant would likely be eligible to receive a loan and may obtain more favorable terms from a traditional financial institution, the administrator must notify the applicant in a timely manner.

The office is required to work with the minority business office and other stakeholders to promote the program to businesses that are owned by women, minorities, and veterans and to businesses in rural and underserved communities. By September 1, 2021, the office is required to develop and administer a marketing initiative for the program in coordination with the minority business office and other stakeholders.

The bill creates the fund. The state treasurer is required to transfer $30 million to the fund on the effective date of the bill. The money in the fund is continuously appropriated to the office for the program.

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

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

The bill establishes requirements for the creation and assignment of a health-care provider lien for a person injured in an accident. A health-care provider lien is a lien related to charges for health care provided to a person injured by the negligence or wrongful act of another person, which is asserted against money the injured person may receive from a personal injury claim or uninsured motorist claim.

A health-care provider or the health-care provider's assignee creating a lien must advise the injured person of their options for payment, including the use of benefits from an insurance plan. In addition, the provider or assignee must provide additional disclosures about the lien, including how the health-care provider's assignee is compensated and of any common ownership interests among the lien holder and the injured person's health-care providers or legal counsel. The injured person must also be advised that, except in the case of fraud or misrepresentation:

• If the injured person does not receive a judgment, settlement, or payment on the injured person's claim, the injured person is not liable for any amount of the lien;
• If the injured person receives a net judgment, settlement, or payment that is less than the amount of the lien, the injured person is not liable for any amount over the amount of the net judgment, settlement, or payment; and
• The lien holder cannot assign the lien to a collection agency.

The bill requires that a health-care provider lien cannot include additional finance charges or interest and must be limited to the total of the usual and customary charges billed by health-care providers. In the absence of fraud or misrepresentation:

• If the injured person does not receive a judgment, settlement, or payment on the injured person's claim, the injured person is not liable for any amount of the lien;
• If the injured person receives a net judgment, settlement, or payment that is less than the amount of the lien, the injured person is not liable for any amount over the amount of the net judgment, settlement, or payment; and
• The lien holder cannot assign the lien to a collection agency.

A health-care provider or its assignee must comply with the provisions of the bill to have a valid health-care provider lien. If a court determines that a health-care provider or its assignee knowingly failed to comply, the injured person may seek a ruling from the court concerning which portions of the lien, if any, the health-care provider or assignee cannot recover.

Except in an action under the "Uniform Consumer Credit Code", when a lien is assigned, the amount paid for the assignment, the fact of the assignment, and the terms of the assignment are not admissible as evidence in the underlying personal injury action.

The holder of a health-care provider lien may file notice of the lien with the office of the secretary of state a record of the lien in accordance with the "Colorado Statutory Lien Registration Act" . If more than one health-care provider lien has been asserted against an injured person's net judgment, settlement, or payment for the same accident or incident, a lien for which notice a record has been filed has priority for payment out of the injured person's net judgment, settlement, or payment over a lien for which notice has not been no record is filed. If notices records are filed for more than one health-care provider lien for the same accident or incident, priority is determined by the date on which the notice record was filed, with the lien with the earliest date of filing having first priority. Filing a record is optional and does not waive any other provisions of the bill.

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

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

Senate Bill 20-222, enacted in 2020, created a grant program financed through the federal "Coronavirus Aid, Relief, and Economic Security Act" to support small businesses suffering from economic impacts of COVID-19 and related public health restrictions. The bill appropriates $15 million from the general fund to continue the grant program and modifies the criteria pursuant to which grants are awarded.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Current law requires a private college or university operating in the state to be institutionally accredited on the basis of an on-site review by a regional or national accrediting body recognized by the United States department of education (DOE). The bill allows private colleges and universities and private occupational schools to be accredited by:

• Institutional or programmatic accrediting bodies recognized by the DOE; or by the Council for Higher Education Accreditation (CHEA); or
• Programmatic accrediting bodies that may are recognized by the Council for Higher Education Accreditation (CHEA) as having the ability to accredit freestanding, single-purpose institutions of construction education .

If an institution intends to seek institutional accreditation from a programmatic accrediting body, the scope of such recognition must reflect the accrediting body's ability, as recognized by the DOE or the CHEA, to accredit a freestanding, single-purpose institution.

The bill states it is a deceptive trade or sales practice for a private occupational school to advertise or otherwise represent that it is accredited unless the school is accredited by an accrediting body that is recognized by the DOE or is accredited by a programmatic accrediting body that is recognized by the CHEA as having the ability to accredit a freestanding, single-purpose institution of construction education .

The bill allows an educational institution or educational service that is exempt from the requirements of the "Private Occupational Education Act of 1981" to waive its exempt status in order to apply for authorization to operate a private occupational school, subject to certain conditions.

For the 2021-22 state fiscal year, the bill appropriates $98,796 to the department of higher education from the private occupational schools fund. $45,626 of this amount is for use by the division of private occupational schools, and $53,170 of this amount is reappropriated to the department of law to use to provide legal services to the department of higher education.

(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.)

Section 2 of the bill modifies how taxable income is determined for individuals for purposes of the state income tax. Specifically, it:

• Imposes a cap for taxpayers with adjusted gross incomes equal to or exceeding $400,000 on certain itemized deductions claimed under the internal revenue code;
• Repeals, for social security income that is included in federal taxable income only, the cap on the deduction for pension and annuity income received;
• Adds a cap, per taxpayer per beneficiary, on the deduction for contributions made to 529 plans;
• Requires individual taxpayers to add amounts of federal taxable income that are equal to the enhanced federal deductions for food and beverage in a restaurant for the 2022 income year; and
• Extends the limit on the federal deduction allowed under section 199A of the internal revenue code.

Section 3 increases the earned income tax credit to 20% for income tax years commencing on or after January 1, 2022, and but before January 1, 2023, and income tax years commencing on or after January 1, 2026. Section 3 also increases the earned income tax credit to 25% for income tax years commencing on or after January 1, 2023, but before January 1, 2026. Finally, section 3 applies the lowered minimum age for individuals without a qualifying child in the federal "American Rescue Plan Act of 2021" to the state credit for income tax years commencing on or after January 1, 2022.Section 4 funds the child tax credit for income tax years commencing on or after January 1, 2022, and allows a child tax credit in the state regardless of the federal requirement that a qualifying child must have a social security number for the federal child tax credit. Section 4 also specifies that if the changes to the federal child tax credit in the "American Rescue Plan Act of 2021" are no longer in effect, the percentages of the state child tax credit are increased.Sections 5 through 7 make the state's corporate income tax more uniform compared to other states by replacing the current combined reporting standard with the multistate tax commission's standard. In addition, these sections modify Section 5 modifies the computation of the corporate income tax receipts factor to make it more congruent with the unitary business principle combined reporting .In addition to making the state's corporate income tax more uniform compared to other states, section 6 Section 5 also prevents corporations from using tax shelters in foreign jurisdictions for the purpose of tax avoidance.Section 7 Section 6 functions to prevent corporations from using tax shelters in foreign jurisdictions for the purpose of tax avoidance and additionally modifies how taxable income is determined for C corporations for purposes of the state income tax. Specifically, it requires corporate taxpayers to add amounts of federal taxable income that are equal to the enhanced federal deductions for food and beverage in a restaurant for the 2022 income year.Section 8 repeals a Section 7 limits the state subtraction for certain capital gains incurred by allowing the subtraction to a taxpayer who is required to file a Schedule F, profit or loss from farming, as an attachment to the taxpayer's federal income tax return for the tax year in which the net capital gains arise for the sale of real property, not tangible personal property, that is classified as agricultural land for property tax purposes .Section 9 Section 8 creates a temporary income tax credit for a business for a percentage of the conversion costs to convert the business to a worker-owned coop, an employee stock ownership plan, or an employee ownership trust.Sections 10 through 13 9 through 12 address the avoidance of income tax by certain captive insurance companies.Section 13 adds an appropriation to the office of the governor for use by the office of economic development for the administration of the income tax credit for a business converting to a worker-owned coop, an employee stock ownership plan, or an employee ownership trust.

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

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

The bill makes changes to several state and local government taxes.

Insurance premium tax. Currently, the insurance premium tax is equal to 2% of premiums collected or contracted for covering property or risks in this state; except that a company that is deemed to maintain a home office or regional home office in this state pays tax of 1%. Section 2 of the bill requires a company to have at least 2.5% a minimum percentage of its total domestic workforce in the state in order for the company to be deemed to maintain a home office or regional home office. This percentage is 2% for 2022, 2.25% for 2023, and 2.5% for 2024 and thereafter. This section also narrows the tax exemption for annuities considerations to those that are purchased in connection with a qualified retirement plan, a Roth 401(k), or an individual retirement account. For the purpose of auditing a company's tax statement, section 2 also authorizes the commissioner of insurance to appoint an independent examiner to conduct an examination on behalf of the commissioner.Property tax. For purposes of imposing the property tax, section 4 requires the actual value of real property to reflect the value of the fee simple estate. Section 5 requires that the actual value of personal property be determined based on the property's value in use, which will be defined by the property tax administrator.

There is an exemption from property tax for business personal property that would otherwise be listed on a single personal property if the property is less than a certain amount, which increases with inflation each property tax cycle. For the next current property tax cycle, section 6 increases the exemption from $7,900 to $50,000. Similar to the reimbursement for the homestead exemption, the state is required to reimburse local governments for lost property tax revenue caused by the increase. The first reimbursement will be based on actual property tax schedules filed, and future reimbursements will be adjusted estimates based on the initial amount. Section 7 requires the assessor to provide an estimate of the exempt business personal property along with the certifications to local governments.Sales and use tax. The state sales and use tax is imposed on the sale and use of tangible personal property. Section 7 8 codifies the department of revenue rule that the definition of "tangible personal property" includes "digital goods". Section 8 9 specifies that the state sales tax applies to amounts charged for mainframe computer access, photocopying, and packing and crating.

A retailer who collects state sales tax is currently allowed to retain 4% of the state sales taxes collected, with a monthly cap of $1,000, as compensation for the retailer's expenses incurred in collecting and remitting the tax (vendor fee). Beginning January 1, 2022, section 9 10 eliminates the vendor fee for any filing period that the retailer's total taxable sales were greater than $1 million.Severance taxes. The severance tax on oil and gas is currently imposed on gross income, which is equal to the net amount realized for the sale of the oil and gas. The net amount realized is equal to the gross lease revenues, less deductions for any transportation, manufacturing, or processing costs by the taxpayer borne by the taxpayer (netback deductions). Section 10 11 limits the netback deductions to direct costs actually paid by the taxpayer for those purposes, which disallows costs of capital and other indirect expenses.

Currently, the first 300,000 tons of coal produced in each quarter is exempt from the property tax. There is also a tax credit equal to 50% for coal produced from underground mines and another credit in the same amount for lignitic coal. Beginning with the 2022 taxable year, section 11 12 phases out the quarterly exemption and both tax credits. The additional severance tax that results from these changes is credited to the just transition cash fund under section 12 13 .

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

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

The 2017 federal "Tax Cuts and Jobs Act" placed a cap of $10,000 on the amount of state and local taxes paid that an individual can deduct on their federal taxes. This limitation did not apply to C corporations. Consequently, businesses organized as pass-through entities like S corporations and partnerships pay increased taxes on business profits compared to C corporations because pass-through entities pay taxes on business profits at the individual (partner or shareholder) level.

For income tax years commencing on or after January 1, 2022, the bill allows pass-through entities to elect to pay their state income tax at the entity level so that the pass-through entity can claim an unlimited deduction at the federal level of state and local taxes paid ; except that the election is only allowed in an income tax year where there is a limitation on the deductions allowed to individuals under section 164 of the internal revenue code .

While this reduces federal taxable income for the pass-through entity, it does not reduce Colorado taxable income because, under current law, the individual and the partnership are required to add back any state and local taxes deducted at the federal level.

The bill adds an appropriation for the department of revenue to implement the taxpayer's election to pay their state income tax at the entity level.

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

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

The bill moves the COVID-19 relief program for minority-owned businesses from the minority business office to the Colorado office of economic development and expands the scope of the program to allow relief payments, grants, loans, and technical assistance and consulting support to small businesses disproportionately impacted by the COVID-19 pandemic.

Additionally, the bill extends the deadlines for allocating and distributing relief payments under the small business relief program.

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

The bill extends the time in which debtors experiencing financial hardship due to the COVID-19 emergency may have extraordinary debt collection actions suspended. Currently, the law requires a judgment creditor (creditor) to provide a notice to a judgment debtor (debtor) before instituting an extraordinary debt collection action, which includes an action in the nature of a garnishment, attachment, levy, or execution to collect or enforce a judgment. The debtor may suspend the collection action by notifying the creditor that the debtor is experiencing financial hardship due to COVID-19. The obligation to provide notice and the suspension of the collection action are effective through February 1, 2021. The bill extends the effective period for the notice and the suspension to June 1, 2021. If a collection action has already been suspended by the debtor, the creditor is required to notify the debtor that the suspension is now effective through June 1, 2021.

In addition, under current law, up to $4,000 cumulative in a depository account or accounts in a debtor's name is exempt from levy and sale under a writ of attachment or execution through February 1, 2021. The bill extends that date to June 1, 2021.

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

The bill prohibits a third-party food delivery service from :

• Offering or Taking taking and arranging for the sale or the same-day delivery or same-day pickup of prepared food or beverages an order from a retail food establishment without a written agreement with the retail food e stablishment establishment's consent. or
• Reducing the compensation rate paid to a delivery service driver or withholding gratuities or tips to a retail food establishment, its staff, or any delivery service driver.

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

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

The bill prohibits an employer that does not hold a special certificate from the United States department of labor that authorizes the employer to pay less than the minimum wage to employees whose earning capacity is impaired by age, physical or mental disability, or injury from paying an employee below minimum wage. The bill phases out subminimum wage employment for employers that hold a special certificate from the United States department of labor that authorizes the employers to pay less than the minimum wage to employees whose earning capacity is impaired by age, physical or mental disability, or injury. The bill and requires each employer that holds a special certificate to submit a transition plan to the Colorado department of labor and employment detailing how the employer plans to phase out subminimum wage employment by July 1, 2025. On and after July 1, 2025, an employer is prohibited from paying an employee with a disability less than minimum wage regardless of whether the employer was issued a special certificate.

The bill requires the employment first advisory partnership in the Colorado department of labor and employment (partnership) to:

• Develop actionable recommendations to address structural and fiscal barriers to phasing out subminimum wage employment and successfully implementing competitive integrated employment; and
• Report the recommendations to the general assembly.

The bill continues operation of the partnership, which is scheduled to repeal on July 1, 2021, indefinitely.

The bill requires the department of health care policy and financing (department) to add employment-related services for individuals with intellectual and developmental disabilities.$82, 641 is appropriated to the department to implement the bill. The department also expects to receive $391,075 in federal funds to implement the bill.

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

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

Supplemental appropriations are made to the offices of the governor, lieutenant governor, and state planning and budgeting.

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

Section 1 of the bill amends the definition of "broadband network" to increase downstream and upstream speed requirements and adds a definition of "critically unserved", which means a household or area that lacks access to at least one provider of nonsatellite broadband service delivered at measurable speeds of at least 10 megabits per second downstream and one megabit per second upstream.Section 2 reduces the membership of the broadband deployment board (board) in the department of regulatory agencies from 16 members to 9 members.

The board is required to develop a reimbursement program to reimburse certain households for up to $600 per year for broadband service. A household is eligible to apply for reimbursement if the household:

• Includes children enrolled in grades K-12 who receive free or reduced-price lunch through a school's lunch program; or
• Has an income that does not exceed the higher of the federal poverty level or 30% of area median income.

The board is also required to develop a request for proposal process through which the board will solicit bids for proposed projects to serve areas of the state that the office of information technology has determined lack access to broadband service at measurable speeds of at least 10 megabits per second downstream and one megabit per second upstream. Each year, the board is required to reserve at least 50% of the money from the high cost support mechanism that is allocated for broadband deployment to award grants to proposed projects solicited through the request for proposal process.

Section 2 also limits the notice and comment period for a local entity's review of an application from 60 days to 30 days and removes provisions requiring the board to apply for specific types of federal funding because the board has completed those applications.

Section 2 further requires the public utilities commission, in consultation with the board, to:

• Adopt rules establishing speed testing protocols by which broadband grant applicants must abide; and
• Consider, on a biennial basis starting in 2023, whether to modify by rule the definitions of "broadband network" and "critically unserved" and certain aspects of the reimbursement program, including eligibility for reimbursement and the maximum amount of money that the board may annually reimburse a household.

Section 3 repeals the current board composition requirements on August 31, 2021.
(Note: This summary applies to this bill as introduced.)

Colorado courts follow the common law rule that, generally, only a parent or guardian has the right to claim pre-majority economic damages of a minor for which another person is liable. The bill abolishes the common law rule and permits a minor to bring a claim to recover damages for the minor's pre-majority economic loss. A minor or a parent may not be awarded damages for any economic loss that have been awarded to another person.

Under existing law, the statute of limitations for civil claims against health care institutions and health care professionals is 2 years, with certain exceptions. The exceptions to the 2-year limitation include claims brought by or on behalf of a minor who is under 8 years old and claims brought by or on behalf of a person under disability. The bill makes any exemption to the 2-year limitation that would apply to a minor's claim also apply to a claim brought by a person entitled or required to bring a claim to recover damages for a minor's pre-majority economic loss.

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

Current law allows an existing association consisting of multiple employers, referred to as a "multiple employer welfare arrangement" (MEWA) to offer health care benefits to the association's members only if, among other requirements, the MEWA has been in existence continuously since at least January 1, 1983. The bill changes that date to January 1, 2010 allows a MEWA that does not meet this deadline to file an application for a waiver with the commissioner of insurance that, if granted, would enable the MEWA to offer health care benefits to its members' employees. The bill specifies the application requirements, substantive requirements that a MEWA must comply with to qualify for a waiver, and factors that the commissioner will consider in determining whether to grant a waiver. If a waiver is granted, the MEWA is subject to the division of insurance's full enforcement authority and the MEWA may operate for 2 years. To operate past the 2 years, a MEWA must reapply for a waiver; except that, if the commissioner grants 5 consecutive waivers, a MEWA may continue to operate without again applying for a waiver.

The bill also appropriates $13,352 from the division of insurance cash fund to the department of regulatory agencies for use by the division of insurance 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.)

The bill authorizes a board of county commissioners to require the registration of businesses in the unincorporated portions of the county.

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

The bill eliminates the requirement that the department of education and each division, board, or agency of the department of regulatory agencies verify the lawful presence of each applicant before issuing or renewing a license.

The bill also specifies that lawful presence is not required of any applicant for any state or local license, certificate, or registration. The bill affirmatively states that the bill is a state law within the meaning of the federal law that gives states authority to provide for eligibility for state and local public benefits to persons who are unlawfully residing in the United States.

(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.)

An entity is not liable for any damages that result from exposure, loss, damage, injury, or death arising out of COVID-19 unless:

• A claimant proves by clear and convincing evidence that the exposure, loss, damage, injury, or death was caused by the entity's failure to comply with public health guidelines; or
• The exposure, loss, damage, injury, or death was caused by gross negligence or a willful and wanton act or omission of the entity.

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

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

The bill requires the division of insurance (division) to retain a contractor on or before November 1, 2021, for the purpose of performing actuarial reviews of proposed legislation that may impose a new health benefit mandate on health benefit plans. The contractor, under the direction of the division, shall conduct an actuarial review of up to 5 legislative proposals for each regular legislative session, each at the request of a member of the general assembly. Each actuarial review performed by the contractor must consider the predicted effects of the legislative proposal during the 5 years immediately following the effective date of the proposed legislation, including specifically described considerations.

In preparing a fiscal note for any legislative proposal that may impose a new health benefit mandate on health benefit plans, the legislative service agency charged with preparing the fiscal note shall either:

• Include in the fiscal note information that is produced by the contractor in review of the legislative proposal; or
• If no information is produced by the contractor in review of the legislative proposal, indicate such fact in the fiscal note.
  (Note: This summary applies to this bill as introduced.)

The bill:

• Removes the exemption of agricultural employers and employees from the Colorado "Labor Peace Act" and authorizes agricultural employees to organize and join labor unions; engage in protected, concerted activity; and engage in collective bargaining;
• Removes the exemption of agricultural labor from state and local minimum wage laws;
• Requires the director of the division of labor standards and statistics to promulgate rules to establish the overtime pay of agricultural employees for hours worked in excess of 40 hours per week or 12 hours in one day;
• Grants agricultural employees meal breaks and rest periods throughout each work period, consistent with protections for other employees;
• Requires agricultural employers to provide agricultural employees with access and transportation to key service providers;
• Authorizes agricultural employees to have visitors at employer-provided housing without interference from other persons;
• Requires agricultural employers to provide overwork and health protections to agricultural employees;
• Prohibits the use of the short-handled or long-handled hoe for agricultural labor except in specific circumstances;
• During a public health emergency, requires an agricultural employer to provide extra protections and increased safety precautions for agricultural employees;
• Creates the agricultural work advisory committee to study and analyze agricultural wages and working conditions; and
• Creates rights, remedies, and enforcement actions for aggrieved agricultural employees, whistleblowers, relators, and key service providers.
  (Note: This summary applies to this bill as introduced.)

The bill clarifies that if a small employer has been issued a health benefit plan subject to small group insurance laws and rules, and then following the issuance date no longer meets the definition of "small employer" subsequently employs more than 100 employees , the small group insurance laws and rules continue to apply to the plan as long as the employer renews the current health benefit plan. If the employer opts to renew its current plan, the bill requires an insurance carrier to offer the employer the same small group health benefit plan or, if the same plan is no longer available, a similar plan that the carrier offers to other small employers.

The bill requires an insurance carrier to notify the employer that the small group insurance laws and rules will no longer apply if the employer fails to renew the current plan or elects to enroll in a different health benefit plan.

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

Under current law, a seller, lessor, or company issuing a credit or charge card is prohibited from imposing a surcharge against a person who elects to pay for a sales or lease transaction by using a credit or charge card. The bill:

• Repeals the prohibition; and
• Limits the maximum surcharge amount per transaction to 2% of the total cost to the buyer for the sales or lease transaction or the merchant discount fee , which is defined as the actual fee that a seller or lessor (merchant) pays its processor or service provider to process the transaction .

A merchant is required to display notice regarding the surcharge on the merchant's premises or, for online purchases, before an online customer's completion of the sales or lease transaction.The bill clarifies that a merchant is prohibited from applying the surcharge on debit card payments or payments made by redemption of a gift card.If a merchant imposes a surcharge in violation of the bill, an individual consumer aggrieved by the violation may seek enforcement of the violation as an excess charge under the "Uniform Consumer Credit Code - Remedies and Penalties".

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

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

The bill amends the high school innovative learning pilot program (ILOP) that authorized school districts, district charter schools, and institute charter schools (local education providers) to count as full-time students high school students participating in innovative learning opportunities regardless of whether they meet the number of teacher-pupil instruction and contact hours for full-time enrollment. The bill allows a school of a school district to participate in an ILOP with a district or independently and requires all applicants to demonstrate how their innovative learning plan disproportionately benefits underserved students.

In selecting applicants to participate in the pilot program, the bill requires the department of education (department) and the state board of education (state board) to consider whether the innovative learning plan includes opportunities for students to participate in registered or unregistered apprenticeships, internships, and technical training or skills programs through an industry provider, teacher training opportunities, concurrent enrollment, and industry certificates.

Further, subject to available appropriations, the state board is encouraged to select up to 20 applicants and is not limited to choosing applicants that had part-time students in the prior year and that enroll fewer than 5,000 students.

The bill creates the fourth year innovation pilot program (pilot program) in the department of higher education to disburse state funding to postsecondary education and training programs on behalf of low-income students who graduate early from a high school participating in the pilot program prior to enrolling in the fourth year of high school or prior to enrolling in the second semester of their fourth year in high school.

The state funding awarded to a student graduating prior to enrolling in the fourth year of high school is equal to the greater of 75% of the average state share amount of the statewide average per-pupil funding for public elementary and secondary schools for the 2021-22 budget year or $3,500. The state funding for a student graduating prior to the second semester of their fourth year in high school is equal to the greater of 45% of the average state share amount of the statewide average per-pupil funding for public elementary and secondary schools for the 2021-22 budget year or $2,000. The state funding is disbursed to the postsecondary program on behalf of the eligible graduate and may be used for the eligible graduate's cost of attendance for the postsecondary program, as determined by the department of higher education. The local education provider from which the student graduated early prior to the fourth year of high school receives a portion of the state savings for school finance obligations due to the early graduation.

An eligible graduate must enroll in a postsecondary program and use the state funding award before the eligible graduate's twenty-first birthday , at which time the unused portion of within eighteen months after graduating or the state funding is forfeited.

The bill requires the department of higher education to report annually to certain committees of the general assembly certain information relating to the pilot program. The bill creates a fund for the pilot program.

The pilot program repeals, effective December 31, 2027.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

In 2019, the Colorado general assembly enacted, and the governor subsequently signed into law, the Canadian prescription drug importation program (program) in the department of health care policy and financing (department). The bill states that the department may expand the program to allow a manufacturer, wholesale distributor, or pharmacy from a nation other than Canada to export prescription drugs into the state under the program if certain conditions are met.

If, upon the satisfaction of these conditions, the department decides to expand the program, the executive director of the department shall notify the president of the senate, the speaker of the house of representatives, and specified legislative committees, of the department's intent to do so. The executive director shall provide the notice at least 30 days before the program is expanded, and the notice may include any recommendations of the department for legislation to amend the program to reflect its expansion.

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

The bill allows counties, municipalities, and special districts to exempt up to 100% of business personal property from the levy and collection of property taxation for the 2021 property tax year.

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

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

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

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

An insurer is prohibited from:

• Considering Unfairly discriminating based on an individual's race, color, national or ethnic origin, religion, sex, sexual orientation, disability, or transgender status gender identity in any insurance practice; or
• Directly or indirectly Pursuant to rules adopted by the commissioner of insurance (commissioner), using any external consumer data and information source, algorithm, or predictive model (external data source) that unfairly discriminates against an individual based on an individual's race, color, national or ethnic origin, religion, sex, sexual orientation, disability, or transgender status gender identity.

After a stakeholder process, the commissioner shall adopt rules for specific types of insurance, by insurance practice, which rules establish means by which an insurer may demonstrate that it has tested whether its use of an external data source unfairly discriminates based on an individual's race, color, national or ethnic origin, religion, sex, sexual orientation, or gender identity. Any such rules shall not become effective until January 1, 2023, at the earliest, for any type of insurance. The rules must require each insurer to:

• Provide information to the commissioner concerning the external data sources used by the insurer in the development and implementation of algorithms and predictive models for a particular type of insurance and insurance practice;
• Provide an explanation of the manner in which the insurer uses external data sources for the particular type of insurance and insurance practice;
• Establish and maintain a risk management framework that is reasonably designed to determine, to the extent practicable, whether the insurer's use of external data sources unfairly discriminates against individuals based on their race, color, national or ethnic origin, religion, sex, sexual orientation, or gender identity;
• Provide an assessment of the results of the risk management framework and actions taken to minimize the risk of unfair discrimination, including ongoing monitoring; and
• Provide an attestation by the insurer's chief risk officer that the insurer has implemented the risk management framework appropriately on a continuous basis.

Documents, materials, and other information in the possession or control of the division that are obtained by, created by, or disclosed to the commissioner or any other person pursuant to the new requirements are recognized as proprietary and containing trade secrets.

On and after January 1, 2022, an insurer that uses one or more external data sources in any insurance practice shall submit certain disclosures to the division of insurance. The commissioner of insurance (commissioner) may examine and investigate an insurer's use of an external data source. If the commissioner determines as a result of an insurer's compliance with the bill's reporting requirements that use of an external data source bears no direct causal relationship to insurance losses or to the condition of a property or applicant to be potentially insured and that the use of the external data source unfairly discriminates on the basis of an individual's membership in a protected class race, color, national or ethnic origin, religion, sex, sexual orientation, or gender identity, the commissioner may promulgate rules restricting or prohibiting the use of the external data source. issue an order to the insurer, which order shall be limited to:

• Any necessary restitution for consumers; and
• Any other action required to be taken by the insurer to remedy the unfair discrimination on a prospective basis.

In the department's annual "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" report to the legislative committees of reference, the division of insurance shall include information concerning any changes in insurance rates that have resulted from the prohibitions described in the bill.

The requirements described in the bill do not apply to:

• Title insurance;
• Bonds executed by qualified surety companies; or
• Insurers of exempt commercial policyholders.

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

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

The bill addresses the following items related to landlord and tenant rights in residential rental agreements:

• When a landlord removes or excludes a tenant from a dwelling without resorting to proper court procedures, it is an unfair or deceptive trade practice for the purposes of the "Colorado Consumer Protection Act";
• After a complaint is filed by a landlord, the clerk of the court or the attorney for the plaintiff shall issue a summons, including information concerning filing an answer and legal aid. A court shall not enter a default writ of restitution before the close of business on the date upon which an appearance is due.
• Provides additional details regarding the defendant's answer, including that a defendant does not waive any defense related to proper notice by filing an answer; that the court shall set a date for trial no sooner than 7, but not more than 10, days after the answer is filed, unless the defendant agrees to waive this provision and schedule the trial for an earlier date, and in the time after an answer is filed and before a trial occurs, the court shall order that the landlord provide any documentation related to the tenancy or the current action that the defendant requests except that a court with a docket that is impacted by the COVID-19 public health emergency is not required to comply with this time frame. In the time after an answer is filed and before a trial occurs, the court shall order that the landlord or tenant provide any relevant documentation that either party requests.
• Repeals language requiring the defendant, in an appeal from a judgment of a county court, to deposit with the court the amount of rent found due;
• When a court has issued a writ of restitution in a residential forcible entry and wrongful detainer (FED) proceeding, a tenant may pay any rent that is still owed to the landlord at any point up to 48 hours after A landlord who provides a tenant with proper notice of nonpayment shall accept payment of the tenant's full amount due according to the notice, as well as any rent due under the rental agreement, at any time until a court has ordered a writ of restitution;
• Eliminates the bond requirement for the warranty of habitability and allows the tenant to assert an alleged breach of the warranty of habitability as an affirmative defense;
• Establishes allowable court procedures and remedies in cases of an alleged breach of warranty of habitability;
• Bans liquidated damage clauses that assign a cost to a party stemming from a rental violation or an eviction action;
• Prohibits rental agreements that contain one-way fee-shifting clauses that award attorney fees and court costs only to one party; and
• Guarantees parties to a residential FED dispute the right to a trial by jury.

The bill prohibits a landlord of a mobile home park or a residential premises (landlord) from:

• Charging a tenant or mobile home owner (tenant) a late fee for late payment of rent unless the rent payment is late by at least 14 7 calendar days;
• Charging a tenant a late fee in an amount that exceeds the greater of:
• $20 $50 ; or
• 2.5% 5% of the amount of the rent obligation that remains past due;
• Requiring a tenant to pay a late fee unless the late fee is disclosed in the rental agreement;
• Removing, excluding, or initiating eviction procedures against a tenant solely as a result of the tenant's failure to pay one or more late fees;
• Terminating a tenancy or other estate at will or a lease in a mobile home park because the tenant fails to pay one or more late fees to the landlord;
• Imposing a late fee on a tenant for the late payment or nonpayment of any portion of the rent that a rent subsidy provider, rather than the tenant, is responsible for paying;
• Imposing a late fee more than once for each late payment;
• Requiring a tenant to pay interest on late fees;
• Recouping any amount of a late fee from a rent payment made by a tenant; or
• Charging a tenant a late fee unless the landlord provided the tenant written notice of the late fee within 180 days after the date upon which the rent payment was due.

A landlord who commits a violation must pay a $20 $50 penalty to an aggrieved tenant for each violation. Otherwise, a landlord who commits a violation has 7 days to cure the violation, which 7 days begins when the landlord receives notice of the violation. If a landlord fails to timely cure a violation, the tenant may bring a civil action to seek one or more of the following remedies:

• Compensatory damages for injury or loss suffered;
• A penalty of at least $500 $150 but not more than $2,000 $1,000 for each violation, payable to the tenant;
• Costs, including reasonable attorney fees if the tenant is the prevailing party; and
• Other equitable relief the court finds appropriate.

The attorney general may investigate and prosecute alleged violations. A violation that is not timely cured or that was committed by a landlord in bad faith is an unfair or deceptive trade practice for the purposes of the "Colorado Consumer Protection 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.)

The bill creates the Colorado prescription drug affordability review board (board) as an independent unit of state government and requires the board to perform affordability reviews of prescription drugs and establish upper payment limits for prescription drugs the board determines are unaffordable for Colorado consumers. The board is also required to promulgate rules as necessary for its purposes.

The board shall determine by rule the methodology for establishing an upper payment limit for a prescription drug. An upper payment limit applies to all purchases of and payer reimbursements for the prescription drug dispensed or administered to individuals in the state in person, by mail, or by other means. Any savings generated for a health benefit plan as a result of an upper payment limit established by the board must be used by the carrier that issued the health benefit plan to reduce costs to consumers, prioritizing the reduction of out-of-pocket costs for prescription drugs.

On and after January 1, 2022, the bill prohibits, with certain exceptions, any purchase or payer reimbursement for a prescription drug from exceeding an upper payment limit established by the board for that prescription drug. A person who violates the prohibition may be subject to a fine of $1,000 for each violation. Final board decisions are subject to judicial review.

A person aggrieved by a decision of the board may appeal the decision within 60 days. The board shall consider the appeal and issue a final decision concerning the appeal within 60 days after the board receives the appeal.

Any prescription drug manufacturer (manufacturer) that intends to withdraw a prescription drug for which the board has established an upper payment limit from sale or distribution within the state must notify, at least 180 days before the withdrawal:

• The commissioner;
• The attorney general; and
• Each entity in the state with which the manufacturer has contracted for the sale or distribution of the prescription drug.

A manufacturer who fails to comply with the notice requirement may be required to pay a penalty of up to $500,000.

For all prescription drugs dispensed at a pharmacy and paid for by a carrier during the immediately preceding calendar year, the bill requires each carrier and each pharmacy benefit management firm acting on behalf of a carrier to report certain information to the all-payer health claims database .

The bill creates the Colorado prescription drug affordability advisory council to provide stakeholder input to the board.

The board must submit an annual report to the governor and to subject matter committees of the general assembly summarizing the activities of the board during the preceding calendar year.

The board and its functions are repealed, effective September 1, 2026, following a sunset review by the department of regulatory agencies.

(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.)

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

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

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

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

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

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

The bill prohibits a foreign-influenced corporation from making an electioneering communication or a regular biennial school electioneering communication.

The bill also expands the group of persons and entities currently prohibited from expending money on an independent expenditure in connection with an election in the state to include a foreign-influenced corporation. An independent expenditure committee is prohibited from knowingly accepting a donation from any foreign-influenced corporation.

The bill prohibits an independent expenditure committee from knowingly accepting a contribution, donation, or transfer from a covered organization if all or part of the contribution, donation, or transfer includes money received by the independent expenditure committee from a foreign-influenced corporation.

The bill prohibits any person from using funds from a foreign-influenced corporation to make either an electioneering communication or a regular biennial school electioneering communication.

A for-profit corporation that is authorized to make a contribution or donation is required to affirm in writing under penalty of perjury that it is not a foreign-influenced corporation before it makes any permissible contributions or donations. The bill prohibits any person from accepting a permissible contribution or donation from a nonprofit corporation unless the written affirmation is provided before the contribution or donation is received by the recipient. The recipient of the contribution or donation is required to retain the written affirmation for not less than one year following the date of the end of the election cycle during which the contribution or donation is received. An affirmation statement is not required if the for-profit corporation has previously provided a statement to the recipient in the 3-month period prior to the date on which it makes the permissible contribution or donation.

The bill defines the terms "foreign-influenced corporation", "foreign owner", and "widely held diversified fund".

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

With regard to event ticket sales and resales, the bill repeals provisions prohibiting certain restrictions on ticket resales and instead limits a reseller from advertising, offering for sale, or contracting to resell tickets or accepting payment for a resale ticket unless the reseller has possession of the ticket or has a written contract to obtain the ticket from the person who possesses it and the ticket matches the advertised description of the ticket. The bill also specifies that terms or conditions on the original sale of a ticket, including limits on transferability, are permissible.

With regard to online ticket sales, the bill adds the following as deceptive trade practices:

• Using or causing to be used a website to display a trademarked or copyrighted URL, title, image, or other symbol without written consent; or
• Using or causing to be used a website to display text, images, web designs, or internet addresses, which website is substantially similar to another website, without written consent.
  (Note: This summary applies to this bill as introduced.)

The bill creates personal data privacy rights and:

• Applies to legal entities that conduct business or produce commercial products or services that are intentionally targeted to Colorado residents and that either:
• Control or process personal data of more than 100,000 consumers per calendar year; or
• Derive revenue from the sale of personal data and control or process the personal data of at least 25,000 consumers; and
• Does not apply to certain specified entities, personal data governed by listed state and federal laws, listed activities, and employment records.

Consumers have the right to opt out of the processing of their personal data; access, correct, or delete the data; or obtain a portable copy of the data. The bill defines a "controller" as a person that, alone or jointly with others, determines the purposes and means of processing personal data. A "processor" means a person that processes personal data on behalf of a controller.

The bill:

• Specifies how controllers must fulfill duties regarding consumers' assertion of their rights, transparency, purpose specification, data minimization, avoiding secondary use, care, avoiding unlawful discrimination, and sensitive data;
• Requires controllers to conduct a data protection assessment for each of their processing activities involving personal data that present a heightened risk of harm to consumers, such as processing for purposes of targeted advertising , profiling, selling personal data, or processing sensitive data; and
• May Specifies that a violation of its requirements is a deceptive trade practice, but the bill may be enforced only by the attorney general or district attorneys.

Local governments are preempted from adopting laws that govern the processing of personal data by controllers or processors. The attorney general may promulgate rules to administer the bill, including technical specifications for a universal opt-out mechanism that controls must use.

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

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

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

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

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

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

In 2020, the Colorado general assembly created the rural economic development initiative (REDI) grant program in the department of local affairs (department). The department, in consultation with the office of economic development, may provide grants to a new employer or the expansion of an existing employer and for projects that create diversity and resiliency in the local economies of rural communities. Or, if the department determines that a rural community needs resources or assistance because it has been impacted by a significant economic event or an anticipated event that has been announced, the department may use all or a portion of the money appropriated for the REDI grant program for the purposes of the "Rural Economic Advancement of Colorado Towns (REACT) Act".

Section 2 of the bill appropriates $5 million to the department for the REDI grant program. Section 1 ensures that the department will use all of this appropriation for the purposes of the grants or REACT permits the department to use up to 3.75% of the appropriation for any direct and indirect administrative expenses related to the REDI program grants that are awarded from the appropriation.

(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.)

Joint Budget Committee. Under current law, revenue from an assessment on employers' unemployment insurance premiums, not to exceed $10 million per year and not to exceed cumulative revenue of $100 million, is allocated to the employment and training technology fund (technology fund) in the division of unemployment insurance (division) in the department of labor and employment to fund employment and training automation initiatives established by the director of the division. Any amount of revenues from the assessment that exceeds the $10 million annual cap or the $100 million cumulative revenue cap is allocated to the unemployment compensation fund. Additionally, if the balance in the unemployment compensation fund falls below $100 million, the balance in the technology fund is allocated to the unemployment compensation fund.

The bill:

• Eliminates the allocation of the technology fund balance to the unemployment compensation fund when the unemployment compensation fund balance falls below $100 million;
• Eliminates the $10 million cap on annual allocations to the technology fund and adds a new, $7 million annual cap starting July 1, 2023;
• Eliminates the Adds a cap of $31 million on cumulative revenue to the technology fund until June 30, 2023 ;
• Transfers any amounts credited to and remaining in the technology fund between July 1, 2020, and the effective date of the bill to the unemployment compensation fund; and
• Repeals the assessment for the technology fund on June 30, 2031.

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

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

The bill creates the rural jump-start zone grant program (grant program) and authorizes the Colorado economic development commission (commission) to issue grants, subject to available appropriations, as follows:

• Up to $20,000 to new businesses to establish operations;
• Up to $40,000 to new businesses to establish operations in a tier one transition community;
• Up to $2,500 to new businesses for each new hire; and
• Up to $5,000 to new businesses for each new hire who is hired for operations established in a tier one transition community.

The bill also authorizes the commission to issue grants, at its discretion and subject to available appropriations, not to exceed $30,000 per applicant, to a state institution of higher education or an economic development organization that collaborates with a new business in order to support the new business in meeting the requirements for the business under the grant program.

The bill creates the rural jump-start zone grant fund account in the Colorado economic development fund, which consists of any money appropriated to the fund by the general assembly, and may be used:

• By the commission to issue grants; and
• For the direct and indirect costs that the Colorado office of economic development incurs, not to exceed a specified amount, to administer the grant program.

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

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

The bill appropriates money to the department of higher education for the Colorado opportunity scholarship initiative's displaced workers grant.

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

The bill establishes the left-behind workers program (program) in the division of unemployment insurance (division) in the department of labor and employment (department) for the purpose of providing unemployment assistance relief payments to eligible individuals who are unemployed through no fault of their own, who meet specified criteria, and who are ineligible for regular unemployment benefits due to their immigration status. The bill requires the department to contract with a third-party administrator to administer the program. The third-party administrator must provide outreach to unemployed individuals who may be eligible to receive unemployment assistance relief payments, screen applicants for eligibility, and make payments to eligible individuals.The bill establishes the left-behind workers fund (fund) as part of the enterprise that is administered by the division. The fund consists of a percentage of the premium currently assessed by the division and paid by employers.The bill includes the employment support fund as part of the enterprise that is administered by the division requires the executive director of the department of labor and employment (executive director), in partnership with the director of the division of unemployment insurance, the new American advisor, or the office of new Americans (ONA), if established, to study the feasibility of establishing a contract with a nonprofit, third-party entity to administer a wage replacement program for individuals who are unemployed through no fault of their own and who are ineligible for regular unemployment benefits due to their immigration status. The executive director and the new American advisor or ONA are required to submit recommendations to the governor and to the senate business, labor, and technology committee and the house of representatives business affairs and labor committee.

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

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

The bill creates the small business accelerated growth program (program) administered by the Colorado office of economic development (office). The program provides business development support to small businesses with 19 or fewer employees. The office is required to develop a marketing initiative for the program in coordination with the minority business office, the small business development center, and local and regional economic development entities to promote the program. The businesses selected to participate in the program have one year to use the business development support offered by the program, and $1,350,000 in grants from the Colorado startup loan fund are for participants demonstrating need and success under the program. The bill makes an appropriation.
(Note: This summary applies to this bill as introduced.)

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

Section 1 of the bill declares that DSM has provided substantial economic and environmental benefits, and the PUC's administration of DSM has successfully carried out legislative intent; therefore, the PUC is directed to implement the beneficial electrification programs and plans using the same approach.Sections 2 and 4 3 and 5 specify the parameters for these programs and plans, including the types of systems and appliances that are eligible for installation, the criteria to be considered when the PUC evaluates plan proposals, the implementation of plans, utility cost-recovery mechanisms, and performance incentives. Section 4 5 also requires that any installation, upgrade, or new construction under a beneficial electrification program must be performed either by utility employees or by qualified, Colorado-licensed contractors. For large projects, contractors must be selected from a list, maintained by the Colorado department of labor and employment, of contractors that participate in apprenticeship programs registered with the United States department of labor. Section 2 adds heat pumps to the list of energy efficiency measures that cannot be prohibited under the covenants of a homeowners' association.Section 3 4 directs the PUC to apply current standards for measurement of the social cost of carbon emissions, including methane, in evaluating the cost, benefit, or net present value of utility plans and proposals for beneficial electrification.Section 5 6 makes a conforming amendment.

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

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

The bill creates new sources of dedicated funding and new state enterprises to enable the planning, funding, development, construction, maintenance, and supervision of a sustainable transportation system by preserving, improving, and expanding existing transportation infrastructure, developing the modern infrastructure needed to support the widespread adoption of electric motor vehicles, and mitigating adverse environmental and health impacts of transportation system use as follows:

• Section 6 of the bill creates the community access enterprise within the Colorado energy office (CEO) for the purpose of supporting the widespread and equitable adoption of electric motor vehicles and electric alternatives to motor vehicles in an equitable manner. The community access enterprise is authorized to impose a community access retail delivery fee to fund its business purpose. The governance and powers and duties of the community access enterprise are specified.
• Section 7 makes various general fund transfers to the state highway fund, the highway users tax fund (HUTF), and the multimodal transportation and mitigation options fund, including limited contingent transfers of a portion of any additional general fund revenue made available due to the restoration of the excess state revenues cap (Referendum C cap) by Section 8.
• Section 8 restores the Referendum C cap, which the general assembly reduced in 2017, to its maximum voter-approved level.
• Section 11 creates the clean fleet enterprise within the department of public health and environment (CDPHE) for the purpose of incentivizing and supporting the use of electric motor vehicles and other clean fleet technologies by owners and operators of motor vehicle fleets. The clean fleet enterprise is authorized to impose a clean fleet retail delivery fee to be paid by the purchaser of tangible personal property delivered to the purchaser by motor vehicle and a clean fleet per ride fee to be paid by a transportation network company (TNC) on each ride offered and accepted by the TNC to fund the clean fleet enterprise's business purpose. The governance and powers and duties of the clean fleet enterprise are specified.
• Section 25 requires the department of revenue (DOR) to collect the per ride fees imposed by the clean fleet enterprise and the nonattainment area air pollution mitigation enterprise as authorized by sections 11 and 50 51. Both fees are first imposed for rides offered and accepted in state fiscal year (FY) 2022-23 and are annually adjusted for consumer price index (CPI) inflation thereafter.
• Section 26 indexes the existing $50 registration fee imposed on electric motor vehicles to national highway construction cost index (NHCCI) inflation and imposes additional electric motor vehicle road usage equalization fees on battery electric motor vehicles at a specified level and on plug-in hybrid electric motor vehicles at a lower level, with both additional fees being phased in on a set schedule from state FYs 2022-23 through 2031-32 and thereafter indexed to NHCCI inflation. Section 26 also imposes a commercial electric motor vehicle fee. The increase and new fee revenue is credited to the HUTF for allocation to the state, counties, and municipalities; except that 40% of the revenue generated by inflation indexing of the existing $50 registration fee is credited to the electric vehicle grant fund and 30% of the revenue generated by the commercial electric motor vehicle fee is credited to the state highway fund for freight-related projects. In 2026, specified executive agencies must jointly review the fees and make recommendations to the transportation legislation review committee of the general assembly as to whether the fees should be adjusted to ensure continued equalization of the average aggregate amount of registration fees and motor fuel charges annually paid by owners of electric motor vehicles and owners of motor vehicles powered exclusively by internal combustion engines.
• Section 33 34 imposes road usage fees on gasoline and diesel purchases that are phased in from state FYs 2022-23 through 2031-32 and thereafter indexed to NHCCI inflation, with the road usage fees also being adjusted beginning in state FY 2032-33 in a manner calculated to generate the same amount of additional revenue as would be generated by indexing the existing state excise taxes imposed on gasoline and diesel to construction cost inflation. The fee revenue is credited to the HUTF for allocation to the state, counties, and municipalities.
• Section 33 34 also imposes a retail delivery fee on retail deliveries by motor vehicle that include tangible personal property subject to the state sales tax, requires the fee to be collected from the purchaser by the retailer, and requires simultaneous collection of community access, clean fleet, bridge and tunnel, clean transit, and air pollution mitigation retail delivery fees imposed, respectively, by the community access, clean fleet, statewide bridge and tunnel, clean transit, and nonattainment area air pollution mitigation enterprises. The fees are first collected in state FY 2022-23 and are annually adjusted for CPI inflation thereafter. Retail delivery fee revenue is credited to the HUTF for allocation to the state, counties, and municipalities and to the multimodal transportation and mitigation options fund and each enterprise's retail delivery fee revenue is collected by DOR on behalf of and credited to the cash fund controlled by the enterprise.
• Sections 43, 44, and 46 44, 45, and 47 change the name of the statewide bridge enterprise to the statewide bridge and tunnel enterprise, authorize the enterprise to complete tunnel projects, and authorize the enterprise to impose a bridge and tunnel impact fee on diesel fuel and a bridge and tunnel retail delivery fee to fund its business purpose. The bridge and tunnel impact fee is phased in from state FYs 2022-23 through 2031-32 and thereafter indexed to NHCCI inflation.
• Section 45 46 indexes the existing $2 short-term daily vehicle rental fee to CPI inflation and, on or after July 1, 2022, requires a car sharing program to collect the daily vehicle rental fee for any short-term vehicle rental of 24 hours or longer that is enabled by the car sharing program.
• Sections 47 through 49 48 through 50 change the name of the multimodal transportation options fund to the multimodal transportation and mitigation options fund and make greenhouse gas mitigation projects eligible for funding from the fund.
• Section 50 51 creates the clean transit enterprise within the department of transportation (CDOT) for the purpose of supporting clean public transit through electrification planning efforts, facility upgrades, fleet motor vehicle replacement, and construction and development of associated electric motor vehicle charging and fueling infrastructure. The clean transit enterprise is authorized to impose a clean transit retail delivery fee of up to a specified amount to fund its business purpose. The governance and powers and duties of the clean transit enterprise are specified. Section 50 51 also creates the nonattainment area air pollution mitigation enterprise for the purpose of mitigating transportation-related emissions in ozone nonattainment areas. The nonattainment area air pollution mitigation enterprise is authorized to impose air pollution mitigation per ride and retail delivery fees to fund its business purpose.

Section 1 makes legislative findings and declarations that explain the purpose of the bill and the reasons why it includes the new sources of dedicated funding and new state enterprises that it does. Section 2 clarifies that an existing fee may be used to fund the functions of the freight mobility and safety branch created in section 27. Sections 3 and 4 respectively clarify that the clean fleet enterprise operates as a type 1 agency within CDPHE and that the clean transit enterprise and the nonattainment area air pollution mitigation enterprise operate as type 1 agencies within CDOT.Section 5 requires the CEO and CDPHE, after consultation with CDOT, to jointly and annually prepare a report for specified legislative committees that details the progress made toward the electric motor vehicle adoption goals set forth in the "Colorado Electric Vehicle Plan 2020" and the transportation sector greenhouse gas pollution reduction goals set forth in the "Colorado Greenhouse Gas Pollution Reduction Roadmap". Section 5 also specifies a methodology to be used by the CEO, CDOT, and CDPHE to estimate the social costs of greenhouse gas pollution.Sections 9, 32, 42, and 51 33, 43, and 52 effectuate the repeal of the requirement that a ballot question seeking approval for the issuance of transportation revenue anticipation notes be submitted to the voters of the state at the November 2021 statewide election.Section 10 requires CDOT to comply with specified transparency and contractor short-listing requirements when using the integrated project delivery method of contract procurement for a public project that involves infrastructure that is part of the state highway system . Section 14 clarifies that sales and use tax is not levied on the retail delivery fees imposed by or as authorized by the bill. Sections 16 through 21 provide legal authority for collection under an existing multistate agreement of the motor fuel road usage and bridge and tunnel impact fees imposed by or as authorized by the bill. Section 22 requires the staff of the public utilities commission to conduct a certificated prepare an authorized taxi carrier parity study report.Section 27 requires the department of public health and environment to seek approval from the federal environmental protection agency to modify the state implementation plan to expand the exemption from emissions testing for new vehicles to 10 model years for internal combustion engine motor vehicles and 12 model years for plug-in hybrid electric motor vehicles and to implement any approved modifications within 12 months following the approval. Section 28 creates the freight mobility and safety branch in CDOT's transportation development division . Section 28 29 requires CDOT and metropolitan planning organizations to engage in an enhanced level of planning, analysis, community engagement, and monitoring with respect to transportation capacity projects and specifies what that entails and also requires CDOT to conduct a road usage charge study and an autonomous vehicle study. Section 29 30 allows some of the general fund money transferred to the state highway fund pursuant to section 7 to be used for multimodal transportation projects. Section 31 32 specifies the manner in which revenue credited to the HUTF as required by the bill is allocated and expended.Sections 34 through 41 35 through 42 authorize a transportation planning organization (TPO), subject to territorial restrictions and TPO member jurisdiction approval requirements, to exercise the powers of a regional transportation authority (RTA). Among other powers, the powers of a RTA include the power to impose various charges, fees, and, with voter approval, visitor benefit, sales, and use taxes to generate transportation funding for the purpose of financing, constructing, operating, and maintaining regional transportation systems.

Any additional transportation funding obtained by a TPO exercising the power of a RTA is intended to supplement and not supplant state and federal transportation funding allocated within the boundaries of the TPO. Therefore, the transportation commission and CDOT are prohibited from taking such additional transportation funding into account when determining the amount of state and federal transportation funding to be allocated within the boundaries of a TPO, and CDOT, when submitting its annual proposed budget allocation plan, is required to provide evidence that the proposed allocation of state and federal transportation funding within the boundaries of any TPO that has obtained such additional transportation funding has not been reduced in any way on account of the additional transportation funding.

Section 45 reduces the amount of each road safety surcharge imposed on motor vehicle registration for registration periods beginning on or after January 1, 2022, but before January 1, 2024, by $11.10 for registration periods beginning on or after January 1, 2022, but before January 1, 2023, and by $5.55 for registration periods beginning on or after January 1, 2023, but before January 1, 2024.

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

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

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

• Under current law, the designated election official is required to provide notice by publication of a call for nominations for a regular local government election. Except for metropolitan districts organized after January 1, 2000, section 1 of the bill eliminates the requirement that notice be made exclusively by publication and allows the notice to be made by any 2 of 5 means, including publication, specified in the bill.
• In the case of any metropolitan district that was organized after January 1, 2000, the bill requires the notice of the call for nominations to be made by emailing the notice to each active registered elector of the metropolitan district as specified in the registration list provided by the county clerk and recorder as of the date that is 150 days prior to the date of the regular local government election. Where the active registered elector does not have an e-mail address on file for such purpose with the county clerk and recorder as of that date, the public notice must be made by mailing the notice, at the lowest cost option, to each address at which one or more active registered electors of the metropolitan district resides as specified in the registration list provided by the county clerk and recorder as of that date.
• In addition to the means of providing public notice of the call for nominations that is required under the bill, the bill also requires the designated election official to additionally provide public notice by any one of 4 alternate means as specified in the bill;
• Section 2 exempts inactive special districts from new requirements under the bill concerning maintenance of a district's website and a district's annual report;
• Section 3 requires a metropolitan district, by a certain date, to establish, maintain, and annually update an official website in a form that is readily accessible to the public that contains information that is specified in the bill;
• Section 4 adds to existing statutory requirements regarding the annual report to be filed by a special district and, among other things, supplements the type of information to be included in the annual report;
• In the case of any contracts or agreements entered into by the special district with a person or private entity for the person or private entity's advance of funds on behalf or for the benefit of the special district for the design or construction of public improvements that is anticipated to result in a future reimbursement of the person or private entity by the special district for the costs associated with the design or construction, section 5 requires that, prior to payment or reimbursement of the advance of funds by the special district, a professional engineer registered in the state of Colorado prepares a written certification attesting to various statements enumerated in the bill;
• Section 6 prohibits a metropolitan district from exercising its power of dominant eminent domain within a municipality or the unincorporated area of a county, other than within the boundaries of the jurisdiction that approved its service plan, without a written resolution approving the exercise of dominant eminent domain by the governing body of the municipality in connection with property that is located within an incorporated area or by the board of county commissioners of the county in connection with property that is located within an unincorporated area; and
• Section 7 requires, on and after January 1, 2022, each owner of real property that sells real property that includes a newly constructed residence that is located within a metropolitan district, concurrently with or prior to the execution of a contract to sell the property, to provide to the purchaser of the property certain information or statements specified in the bill relating to the finances of the metropolitan district, including information about the debt obligations of the district and an estimate of property taxes applicable to the property at the time of the sale.

(Note: 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.)

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

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

By enacting House Bill 19-1420 House Bill 19-1240 in 2019, the state codified the department of revenue's destination sourcing rule for state sales and use tax collection for sales and use taxes imposed by any statutory incorporated town, city, or county and for special districts. That bill allowed small retailers to source their sales to the business' location regardless of where the purchaser receives the tangible personal property or service until 90 days after a geographic information system provided by the state is online and available for the retailer to determine the taxing jurisdiction in which an address resides. On April 1, 2021, the department of revenue issued a notice that the geographic information system is online and meets the requirements. Therefore, under current law, the small retailer exception to the sales tax destination sourcing rules will repeal on June 30, 2021.

This bill allows small retailers to source their sales to the business' location regardless of where the purchaser receives the tangible personal property or service until February 1, 2022.

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

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

Under current law, common carriers and contract carriers may use independent contractors for transportation services. The contract must provide for coverage under either workers' compensation or an occupational accident insurance policy that provides "similar coverage" to that available under workers' compensation. "Similar coverage" must meet or exceed standards set by the division of insurance and is defined to require benefits that are at least comparable to the benefits offered under the workers' compensation system. The bill amends the definition of "similar coverage" by repealing this "comparable benefits" requirement.
(Note: This summary applies to this bill as introduced.)

Section 1 of the bill repeals a moratorium on changing a ratio for valuation for assessment (assessment rate), which is the percentage applied to a property's actual value to determine the taxable amount upon which a mill levy is imposed. Section 2 classifies agricultural property, lodging property, and renewable energy production property as new subclasses of nonresidential property. The assessment rate for agricultural property and renewable energy production property is temporarily reduced from 29% to 26.4% for the next 2 property tax years. The law is restructured so that, if a proposed initiative an initiated measure to reduce the assessment rate for nonresidential property is approved by voters, then it would only apply to lodging property.Section 3 classifies multi-family residential real property as a new subclass of residential real property. The law is restructured so that, if a proposed initiative an initiated measure to reduce the residential assessment rate is approved by voters, then it would only apply to multi-family residential real property. If the initiative initiated measure fails or is not on the ballot , then, under section 4 , the assessment rate for multi-family residential real property is temporarily reduced from 7.15% to 6.8% for the next 2 property tax years. The assessment rate for all residential real property other than multi-family residential real property is temporarily reduced from 7.15% to 6.95% for the next 2 property tax years.Sections 5 through 8 expand the property tax deferral program to allow any person to defer the payment of the portion of real property taxes that exceed the tax-growth cap, which is an amount equal to the average of the person's real property taxes paid for the preceding 2 property tax years for the same homestead, increased by 4.6% 4% . The minimum amount a taxpayer may defer at one time under this authorization is $100, and the total taxes that a taxpayer may defer under this authorization is $10,000. and The taxpayer is treated like a person called into military service for purposes of the equity the person must have in the homestead to qualify for deferral and surviving-spouse eligibility.Under section 9, the governor's office, in consultation with the treasurer, is required to commission a study on the property tax deferral program and make recommendations for possible changes to the general assembly by January 1, 2022.Section 10 requires assessors to include information about the assessment rates that apply to the various classes of property, which is prepared by the property tax administrator, along with the notices of valuation that are sent in 2022.Sections 11 through 13 make conforming amendments related to the new classifications or assessment rates.

(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.)