Calendar Notification of Your Bill Dossier

Bill SB21-135 - J. Ginal | R. Zenzinger / M. Duran | M. Froelich Prohibit Certain Animals In Traveling Animal Act
   Monday, April 12 2021
   Agriculture, Livestock, & Water
   1:30 p.m. Room 0107
   (1) in house calendar.

Bill HB21-1226 - D. Esgar | P. Will / D. Coram | K. Donovan More Robust Check Station Aquatic Nuisance Species
   Tuesday, April 13 2021
   GENERAL ORDERS - SECOND READING OF BILLS
   (1) in house calendar.

Bill HB21-1242 - J. Arndt / K. Donovan Create Agricultural Drought And Climate Resilience Office
   Tuesday, April 13 2021
   GENERAL ORDERS - SECOND READING OF BILLS
   (2) in house calendar.

Bill HB21-1008 - J. Arndt | M. Catlin / J. Cooke | C. Hansen Forest Health Project Financing
   Thursday, April 15 2021
   SENATE AGRICULTURE & NATURAL RESOURCES COMMITTEE
   1:30 PM Old Supreme Court
   (1) in senate calendar.

Bill HB21-1046 - J. Arndt | M. Catlin / R. Fields | J. Sonnenberg Water Share Right Mutual Ditch Corporation
   Thursday, April 15 2021
   SENATE AGRICULTURE & NATURAL RESOURCES COMMITTEE
   1:30 PM Old Supreme Court
   (4) in senate calendar.

Bill SB21-202 - D. Moreno | P. Lundeen / E. Sirota | C. Larson Public School Air Quality Improvement Grants
   Thursday, April 15 2021
   SENATE EDUCATION COMMITTEE
   1:30 PM SCR 357
   (2) in senate calendar.

Bill HB21-1168 - J. Bacon | N. Ricks / C. Kolker Historically Underutilized Businesses Local Government Procurement
   Monday, April 19 2021
   Finance
   1:30 p.m. Room 0112
   (3) in house calendar.

Bill HB21-1260 - A. Garnett | M. Catlin / K. Donovan | C. Simpson General Fund Transfer Implement State Water Plan
   Monday, April 19 2021
   Agriculture, Livestock, & Water
   1:30 p.m. Room 0107
   (1) in house calendar.

Bill SB21-136 - J. Ginal | D. Coram / L. Cutter | T. Carver Sunset Forest Health Advisory Council
   Monday, April 19 2021
   Agriculture, Livestock, & Water
   1:30 p.m. Room 0107
   (4) in house calendar.

Bill SB21-200 - F. Winter | D. Moreno / D. Jackson Reduce Greenhouse Gases Increase Environmental Justice
   Tuesday, April 20 2021
   SENATE TRANSPORTATION & ENERGY COMMITTEE
   2:00 PM SCR 357
   (1) in senate calendar.

Bill HB21-1266 - D. Jackson / F. Winter | J. Buckner Environmental Justice Disproportionate Impacted Community
   Thursday, April 22 2021
   State Library Energy & Environment
   1:30 p.m. Room Old
   (2) in house calendar.

Bill HB21-1043 - NOT ON CALENDAR

Bill HB21-1105 - NOT ON CALENDAR

Bill HB21-1181 - NOT ON CALENDAR

Bill HB21-1233 - NOT ON CALENDAR

Bill HJR21-1002 - NOT ON CALENDAR

Bill SB21-028 - NOT ON CALENDAR

Bill SB21-034 - NOT ON CALENDAR

Bill SB21-054 - NOT ON CALENDAR

Bill SB21-113 - NOT ON CALENDAR

Bill SB21-145 - NOT ON CALENDAR

Bill SB21-164 - NOT ON CALENDAR

Bill SB21-170 - NOT ON CALENDAR

Bill SB21-176 - NOT ON CALENDAR

Bill SB21-189 - NOT ON CALENDAR

Bill SB21-220 - NOT ON CALENDAR

Bill SB21-225 - NOT ON CALENDAR

Bill SB21-234 - NOT ON CALENDAR

Bill SB21-237 - NOT ON CALENDAR


BILL HB21-1008



Concerning increased options for financing forest health projects, and, in connection therewith, financing wildfire mitigation treatments.

The bill provides additional options for financing forest health projects by authorizing:

The bill also modifies the definition of "forest health project"and postpones the scheduled repeal of the statute that authorizes the Colorado water resources power and development authority to issue bonds to fund watershed protection projects and forest health projects from July 1, 2023, to July 1, 2033.

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


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



Status
2/16/2021 Introduced In House - Assigned to Agriculture, Livestock, & Water + Finance
2/22/2021 House Committee on Agriculture, Livestock, & Water Refer Amended to Finance
3/4/2021 House Committee on Finance Refer Amended to House Committee of the Whole
3/8/2021 House Second Reading Special Order - Laid Over Daily - No Amendments
3/9/2021 House Second Reading Passed with Amendments - Committee, Floor
3/10/2021 House Third Reading Passed - No Amendments
3/12/2021 Introduced In Senate - Assigned to Agriculture & Natural Resources

Amendment

House Journal, February 23
28 HB21-1008 be amended as follows, and as so amended, be referred to
29 the Committee on Finance with favorable
30 recommendation:
31
32 Amend printed bill, page 3, line 5, after "SPECIAL" insert "OR LOCAL".
33
34 Page 3, line 13, after "SPECIAL" insert "OR LOCAL".
35
36 Page 3, line 20, strike "ELECTORS,".
37
38 Page 3, strike line 21 and substitute "ELECTORS OF THE DISTRICT WITHIN
39 THE SPECIAL OR LOCAL IMPROVEMENT".
40
41 Page 3, line 23, after "SPECIAL" insert "OR LOCAL".
42
43 Page 3, line 25, strike "SPECIAL".
1 Page 3, line 27, strike "SPECIAL".
2
3 Page 4, line 1, strike "31, AS AMENDED," and substitute "31 FOR A SPECIAL
4 IMPROVEMENT DISTRICT AND AS PROVIDED IN PART 6 OF ARTICLE 20 OF
5 TITLE 30 FOR A LOCAL IMPROVEMENT DISTRICT,".
6
7 Page 4, strike lines 4 through 16 and substitute "POWERS, AND DUTIES OF
8 A MUNICIPALITY AND ITS GOVERNING BODY AS SET FORTH IN PARTS 5 AND
9 11 OF ARTICLE 25 OF TITLE 31 OR OF A COUNTY AND ITS BOARD OF COUNTY
10 COMMISSIONERS AS SET FORTH IN PART 6 OF ARTICLE 20 OF TITLE 30;
11 (B) THE BOARD OF DIRECTORS OF THE SEPARATE LEGAL ENTITY
12 CONSTITUTES THE GOVERNING BODY AND BOARD OF THE IMPROVEMENT
13 DISTRICT;
14 (C) THE BOARD OF DIRECTORS SHALL APPOINT OFFICERS WHO
15 SHALL PERFORM THE DUTIES OF THE OFFICERS AS SET FORTH IN PART 5 OF
16 ARTICLE 25 OF TITLE 31 OR PART 6 OF ARTICLE 20 OF TITLE 30, AS
17 APPLICABLE; AND".
18
19 Reletter succeeding sub-subparagraph accordingly.
20
21 Printed bill, page 8, line 9, strike "TO" and substitute "WITHOUT LIMITING
22 ANY OTHER EXPRESS OR IMPLIED AUTHORITY PROVIDED TO A DISTRICT OR
23 TO A SUBDISTRICT OF A DISTRICT BY THIS ARTICLE 45, TO".
24
25 Page 8, line 20, strike "TO" and substitute "WITHOUT LIMITING ANY
26 OTHER EXPRESS OR IMPLIED AUTHORITY PROVIDED TO THE DISTRICT OR TO
27 A SUBDISTRICT OF THE DISTRICT BY THIS ARTICLE 46, TO".
28
29 Page 9, strike lines 2 through 4 and substitute:
30
31 "SECTION 11. In Colorado Revised Statutes, 37-47-148, add (2)
32 as follows:
33 37-47-148. Miscellaneous powers. (2) "WITHOUT LIMITING ANY
34 OTHER EXPRESS OR IMPLIED AUTHORITY PROVIDED TO THE DISTRICT OR TO
35 A SUBDISTRICT OF THE DISTRICT BY THIS ARTICLE 47, TO SECURE AND
36 PROTECT AN".
37
38

House Journal, March 9
8 Amendment No. 1, Finance Report, dated March 4, 2021, and placed in
9 member's bill file; Report also printed in House Journal, March 4, 2021.
10
11 Amendment No. 2, Agriculture, Livestock, & Water Report, dated
12 February 23, 2021, and placed in member's bill file; Report also printed
13 in House Journal, February 23, 2021.
14
15 Amendment No. 3, by Representative Arndt.
16
17 Amend the Finance Committee Report, dated March 4, 2021, page 1, line
18 6, strike "SCIENCE-BASED".
19
20 Page 1, line 13, strike "SEVERELY".
21
22 Page 1, lines 14 and 15, strike "areas WHERE NATURAL REGENERATION OR
23 FOREST COVER IS UNLIKELY;" and substitute "areas;".
24
25 Page 1, strike lines 16 through 19 and substitute:
26
27 "(V) Improving the use of, or adding value to, small diameter
28 trees; and".
29
30 Page 1, line 20, strike "HARVESTING" and substitute "IN ADDITION TO THE
31 MANAGEMENT ACTIONS SPECIFIED IN SUBSECTIONS (4.9)(a)(I) THROUGH
32 (4.9)(a)(IV) OF THIS SECTION, IMPROVEMENT OF THE USE OF, OR ADDITION
33 OF VALUE TO, SMALL DIAMETER TREES AND HARVESTING".
34
35 Page 1, line 22, strike "BENEFITS OF FOREST HEALTH PROJECTS".
36
37 Page 1, strike line 23.
38
39 Page 2, strike line 1.
40
41 Page 2, line 2, strike "WILDLIFE HABITAT.".
42
43 As amended, ordered engrossed and placed on the Calendar for Third
44 Reading and Final Passage.
45

House Journal, March 4
5 HB21-1008 be amended as follows, and as so amended, be referred to
6 the Committee of the Whole with favorable
7 recommendation:
8
9 Amend printed bill, page 9, after line 12 insert:
10
11 "SECTION 12. In Colorado Revised Statutes, 37-95-103, amend
12 (4.9) as follows:
13 37-95-103. Definitions. As used in this article 95:
14 (4.9) "Forest health project" means:
15 (a) An undertaking A SCIENCE-BASED MANAGEMENT ACTION that
16 improves the ECOLOGICAL health of a forest, including, but not limited to:
17 (I) Reducing the threat of uncharacteristically large or intense
18 insect diseases and DISEASE epidemics;
19 (II) Reducing the THREAT OR impact of uncharacteristically large
20 or high-intensity wildfires;
21 (III) Reducing the impact of undesirable nonnative species;
22 (IV) Replanting trees in SEVERELY BURNED OR OTHERWISE
23 deforested areas WHERE NATURAL REGENERATION OF FOREST COVER IS
24 UNLIKELY; or AND
25 (V) Improving IN ADDITION TO THE MANAGEMENT ACTIONS
26 SPECIFIED IN SUBSECTIONS (4.9)(a)(I) THROUGH (4.9)(a)(IV) OF THIS
27 SECTION, IMPROVEMENT OF the use of, or adding ADDITION OF value to,
28 small diameter trees; and
29 (b) A project to harvest HARVESTING woody vegetation for, or use
30 USING woody vegetation in, the production of energy, fuels, forest
31 products, or other applications. BENEFITS OF FOREST HEALTH PROJECTS
32 MAY INCLUDE IMPROVED COMMUNITY SAFETY IN THE WILDLAND-URBAN
33 INTERFACE, PROTECTION OF CRITICAL WATER SUPPLIES, AND ENHANCED
34 WILDLIFE HABITAT. The A FOREST HEALTH project may, but need not,
35 constitute all or part of a plan adopted by a community under section
36 23-31-312 (3.5). C.R.S.".
37
38 Renumber succeeding sections accordingly.
39
40




BILL HB21-1043


Concerning a study of underground water storage to maximize the beneficial use of water within Colorado.

The bill directs the Colorado water conservation board (board), in consultation with the state engineer, to contract with a Colorado institution of higher education (institution) to conduct a study to:

The bill directs the board or the institution to submit a report summarizing the results of the study to the water resources review committee by August 1, 2022, which shall either have legislation drafted to implement the study's recommendations or submit the study along with its own recommendations to the committees of the general assembly with jurisdiction over water resources by January 1, 2023.


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



Status
2/16/2021 Introduced In House - Assigned to Agriculture, Livestock, & Water
3/1/2021 House Committee on Agriculture, Livestock, & Water Refer Amended to Finance
4/1/2021 House Committee on Finance Refer Unamended to Appropriations

Amendment

House Journal, March 1
40 HB21-1043 be amended as follows, and as so amended, be referred to
41 the Committee on Finance with favorable
42 recommendation:
43
44 Amend printed bill, page 5, after line 16 insert:
45
46 "(e) THE BOARD SHALL PAY FOR THE STUDY USING MONEY
47 TRANSFERRED PURSUANT TO SECTION 44-30-1509 (2)(e) INTO THE WATER
48 PLAN IMPLEMENTATION CASH FUND CREATED IN SECTION 37-60-123.3.".
49
50 Reletter succeeding paragraph accordingly.
51
52




BILL HB21-1046


Concerning the use of a water right obtained through a mutual ditch corporation.

For a mutual ditch corporation, the bill creates a presumption, which may be changed by changing the corporation's articles of incorporation or bylaws, that the shares of stock owned by a stockholder in the corporation represent:

The bill also authorizes these water rights to be limited to a pro rata amount at times when shareholder demand exceeds available supply. A mutual ditch corporation may operate using traditional ditch operating practices.The bill clarifies that:

The bill authorizes a mutual ditch corporation to deliver direct flow water to only water-requesting stockholders. Consistent with each stockholder's request and the available water supply, a mutual ditch corporation may provide water at rates of flow greater or less than each stockholder's pro-rata ownership. When total stockholder demand exceeds available water supply, a mutual ditch corporation must provide, to the extent possible, a pro rata amount of water to all stockholders that are requesting water.

If a water court decree authorizes a change in water use in a mutual ditch corporation and the decree contains volumetric limits, water diverted and delivered by the mutual ditch corporation only counts against the changed stockholder's volumetric limits if the stockholder takes delivery in accordance with the change in use decree.

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


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



Status
2/16/2021 Introduced In House - Assigned to Agriculture, Livestock, & Water
3/17/2021 House Committee on Agriculture, Livestock, & Water Refer Amended to House Committee of the Whole
3/22/2021 House Second Reading Passed with Amendments - Committee
3/23/2021 House Third Reading Laid Over Daily - No Amendments
3/24/2021 House Third Reading Passed - No Amendments
3/24/2021 Introduced In Senate - Assigned to Agriculture & Natural Resources

Amendment

House Journal, March 18
37 HB21-1046 be amended as follows, and as so amended, be referred to
38 the Committee of the Whole with favorable
39 recommendation:
40
41 Amend printed bill, page 2, strike line 3 and substitute "as follows:".
42
43
1 Page 2, strike lines 5 through 16 and substitute "corporation shares.
2 (4) (a) SUBJECT TO ANY DECREE FOR THE WATER RIGHTS HELD IN THE
3 NAME OF A MUTUAL DITCH CORPORATION AND TO A MUTUAL DITCH
4 CORPORATION'S ARTICLES OF INCORPORATION OR BYLAWS, A MUTUAL
5 DITCH CORPORATION DELIVERING DIRECT FLOW WATER RIGHTS MAY
6 PROVIDE WATER TO ONLY WATER-REQUESTING STOCKHOLDERS,
7 INCLUDING STOCKHOLDERS THAT OWN SHARES FOR WHICH A CHANGE IN
8 USE HAS BEEN ADJUDICATED OR APPROVED. CONSISTENT WITH EACH
9 STOCKHOLDER'S REQUEST AND THE AVAILABLE WATER SUPPLY, A MUTUAL
10 DITCH CORPORATION MAY PROVIDE WATER AT RATES OF FLOW GREATER
11 OR LESS THAN EACH STOCKHOLDER'S PRO-RATA OWNERSHIP OF SHARES IN
12 THE CORPORATION. WHEN TOTAL STOCKHOLDER DEMAND EXCEEDS
13 AVAILABLE WATER SUPPLY, A MUTUAL DITCH CORPORATION SHALL
14 PROVIDE, TO THE EXTENT POSSIBLE, A PRO RATA AMOUNT OF WATER TO
15 ALL STOCKHOLDERS THAT ARE REQUESTING WATER, EITHER
16 SIMULTANEOUSLY OR, IF NECESSARY, BY ROTATING AMONG
17 STOCKHOLDERS IN SECTIONS OR BY OTHER EQUITABLE METHODS AS
18 DETERMINED BY THE CORPORATION.
19 (b) SUBJECT TO SUBSECTION (4)(c)(IV) OF THIS SECTION, IF A
20 WATER COURT DECREE AUTHORIZING THE CHANGE IN USE OF THE WATER
21 RIGHTS REPRESENTED BY MUTUAL DITCH CORPORATION SHARES CONTAINS
22 VOLUMETRIC LIMITS ON THE AMOUNT OF WATER DELIVERABLE TO THE
23 CHANGED SHARES, WATER DIVERTED AND DELIVERED BY THE MUTUAL
24 DITCH CORPORATION ONLY COUNTS AGAINST THE CHANGED
25 STOCKHOLDER'S VOLUMETRIC LIMITS IF THE STOCKHOLDER, OR ITS LESSEE
26 OR DESIGNEE, TAKES DELIVERY IN ACCORDANCE WITH THE CHANGE IN USE
27 DECREE.
28 (c) A COURT SHALL NOT CONSTRUE THIS SUBSECTION (4):
29 (I) (A) TO SUPERSEDE OR ABROGATE THE CONDITIONS OF ANY
30 FINAL WATER COURT DECREE ENTERED BEFORE THE EFFECTIVE DATE OF
31 THIS SUBSECTION (4); OR
32 (B) TO APPLY TO ANY WATER COURT APPLICATION FOR WHICH A
33 TRIAL WAS HELD BEFORE THE EFFECTIVE DATE OF THIS SUBSECTION (4) OR
34 TO AN APPEAL OF ANY WATER COURT DECISION OR DECREE RESULTING
35 FROM SUCH A TRIAL;
36 (II) TO IMPEDE OR PREVENT A STOCKHOLDER FROM CHANGING THE
37 TYPE OF, PLACE OF, TIME OF USE OF, OR POINT OF DIVERSION OF THE WATER
38 RIGHTS REPRESENTED BY THE SHARES IN A MUTUAL DITCH CORPORATION;
39 (III) TO REQUIRE OR PROHIBIT A REDUCTION IN THE FLOW RATE
40 AVAILABLE TO A STOCKHOLDER OR MUTUAL DITCH CORPORATION WHEN
41 THE TYPE OF, PLACE OF, TIME OF USE OF, OR POINT OF DIVERSION OF THE
42 WATER RIGHTS REPRESENTED BY THE SHARES IS LAWFULLY CHANGED;
43 (IV) (A) TO AMEND OR MODIFY THE STANDARDS IN SECTION
44 37-92-305 FOR WATER COURT APPROVAL OF A CHANGE IN USE; OR
45 (B) TO AMEND OR MODIFY THE COURT'S ABILITY TO ORDER
46 CONDITIONS NECESSARY TO PREVENT AN ENLARGEMENT UPON THE
47 HISTORICAL USE OF WATER RIGHTS FOR WHICH A CHANGE IS SOUGHT OR TO
48 PREVENT A DIMINUTION OF RETURN FLOW HISTORICALLY RESULTING FROM
49 THE USE OF THE CHANGED SHARES TO THE DETRIMENT OF OTHER
50 APPROPRIATORS; OR
51 (V) TO IMPAIR THE ABILITY OF A STOCKHOLDER TO ENTER INTO A
52 PROGRAM IDENTIFIED IN SECTION 37-92-305 (3)(c) OR TO ENTER INTO AN
102 53 ACQUISITION TRANSACTION PROVIDED FOR IN EITHER SECTION 37-92-
54 (3) OR 37-83-105.".
55
56 Page 3, strike lines 1 through 16.

House Journal, March 22
39 Amendment No. 1, Agriculture, Livestock, & Water Report, dated March
40 18, 2021, and placed in member's bill file; Report also printed in House
41 Journal, March 18, 2021.
42
43 As amended, ordered engrossed and placed on the Calendar for Third
44 Reading and Final Passage.
45




BILL HB21-1105


Concerning utility customers' financial contributions for low-income utility assistance.

Section 1 of the bill removes the low-income energy assistance program administered by Energy Outreach Colorado (EOC) from the grant program reserve funded by tier 2 severance tax operational fund money.Section 2 clarifies that the definition of a "low-income utility customer", with regard to the public utilities commission's (PUC) consideration of a preference or advantage that a gas or electric utility grants a low-income utility customer, means a utility customer who meets the Colorado department of human services' income eligibility criteria.Sections 3 and 4 make modifications to the legislative commission on low-income energy assistance, wherein section 3 expands the commission's scope to include water utility assistance and section 4 reduces the composition of the commission from 11 members to 7 members. Section 4 also requires the commission to:

Sections 5, 6, and 8 to 10 concern the creation of an energy assistance system benefit charge, which is a mandatory monthly charge that investor-owned electric and gas utilities are required to collect from their customers. The initial amount of the charge per customer is $1 for electric service provided and $1 for natural gas service provided, but the PUC may adopt rules to modify the amount of the charge, so long as the charge is at least $1 per service provided. Investor-owned utilities are required to remit the charges collected to EOC to help finance the direct utility bill payment assistance and energy retrofit programs that EOC administers for low-income households.Sections 7 and 11 concern voluntary, opt-in charges that a water utility may offer its customers to help finance the water utility bill payment assistance program that EOC administers. Alternatively, a water utility may implement its own water utility bill payment assistance program.Section 12 requires EOC and the office, when installing energy retrofits for low-income households, to prioritize customer savings, emission reductions, and improving indoor air quality.Section 13 governs reporting requirements for EOC regarding the mandatory monthly energy assistance system benefit charge and voluntary, opt-in monthly water utility bill payment assistance collections.Sections 14 to 17 make conforming amendments.
(Note: This summary applies to this bill as introduced.)



Status
2/16/2021 Introduced In House - Assigned to Finance
3/29/2021 House Committee on Finance Refer Amended to Appropriations

Amendment

House Journal, April 5
11 HB21-1105 be amended as follows, and as so amended, be referred to
12 the Committee on Appropriations with favorable
13 recommendation:
14
15 Amend printed bill, page 2, after line 1 insert:
16
17 "SECTION 1. In Colorado Revised Statutes, add 26-2-307 as
18 follows:
19 26-2-307. Fuel assistance payments - eligibility for federal
20 standard utility allowance - supplemental utility assistance fund
21 created - definitions. (1) (a) ON OR BEFORE OCTOBER 1, 2023, THE
22 STATE DEPARTMENT SHALL IMPLEMENT A PROGRAM TO ADMINISTER THE
23 SUPPLEMENTAL UTILITY ASSISTANCE FUND CREATED IN SUBSECTION (2)(a)
24 OF THIS SECTION FOR DISTRIBUTION OF FUEL ASSISTANCE PAYMENTS TO
25 HOUSEHOLDS RECEIVING SUPPLEMENTAL NUTRITION ASSISTANCE
26 PROGRAM BENEFITS.
27 (b) THE STATE DEPARTMENT SHALL MAKE FUEL ASSISTANCE
28 PAYMENTS TO ELIGIBLE HOUSEHOLDS IN THE STATE THAT RECEIVE
29 BENEFITS UNDER THE FEDERAL SUPPLEMENTAL NUTRITION ASSISTANCE
30 PROGRAM TO ENSURE THAT THOSE HOUSEHOLDS QUALIFY FOR THE
31 FEDERAL HEATING AND COOLING STANDARD UTILITY ALLOWANCE.
32 (c) THE STATE DEPARTMENT SHALL MAKE THE FUEL ASSISTANCE
33 PAYMENTS IN AMOUNTS REFLECTED IN THE BUDGET THAT THE
34 ORGANIZATION PREPARES PURSUANT TO SECTION 40-8.7-108 (3) AND THAT
35 THE COMMISSION APPROVES PURSUANT TO SECTION 40-8.5-103.5 (6)(c).
36 (2) (a) THE SUPPLEMENTAL UTILITY ASSISTANCE FUND, REFERRED
37 TO IN THIS SUBSECTION (2) AS THE "FUND", IS HEREBY CREATED IN THE
38 STATE TREASURY. THE FUND CONSISTS OF MONEY CREDITED TO THE FUND
39 PURSUANT TO SECTION 40-8.7-108 (2)(b) AND ANY OTHER MONEY THAT
40 THE GENERAL ASSEMBLY MAY APPROPRIATE OR TRANSFER TO THE FUND.
41 (b) THE STATE TREASURER SHALL CREDIT ALL INTEREST AND
42 INCOME DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEY IN THE
43 FUND TO THE FUND.
44 (c) MONEY IN THE FUND IS CONTINUOUSLY APPROPRIATED TO THE
45 STATE DEPARTMENT FOR USE IN ACCORDANCE WITH SUBSECTION (1) OF
46 THIS SECTION.
47 (3) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
48 REQUIRES:
49 (a) "COMMISSION" MEANS THE LEGISLATIVE COMMISSION ON
50 LOW-INCOME ENERGY AND WATER ASSISTANCE CREATED IN SECTION
51 40-8.5-103.5 (1).
52 (b) "HEATING AND COOLING STANDARD UTILITY ALLOWANCE" IS
53 A STANDARD UTILITY ALLOWANCE AUTHORIZED IN THE FEDERAL
54 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM REGULATIONS
55 PROMULGATED BY THE FOOD AND NUTRITION SERVICE IN THE UNITED
56 STATES DEPARTMENT OF AGRICULTURE.
1 (c) "ORGANIZATION" HAS THE MEANING SET FORTH IN SECTION
2 40-8.7-103 (4).".
3
4 Renumber succeeding sections accordingly.
5
6 Page 2, line 2, strike "amend" and substitute "repeal".
7
8 Page 3, strike lines 7 through 9 and substitute:
9
10 "(f) For providing energy-related assistance to low-income
11 households as specified in section 40-8.7-112:
12 (I) to (IV) Repealed.
13 (V) (A) For the state fiscal year commencing July 1, 2012, and
14 each state fiscal year thereafter, through the state fiscal year commencing
15 July 1, 2023, thirteen million dollars as follows: Twenty-five percent to
16 the department of human services low-income energy assistance fund
17 created in section 40-8.7-112 (1); twenty-five percent to the energy
18 outreach Colorado low-income energy assistance fund created in section
19 40-8.7-112 (2)(a); and fifty percent to the Colorado energy office
20 low-income energy assistance fund created in section 40-8.7-112 (3)(a).
21 (B) This subsection (2)(f)(V) is repealed, effective July 1, 2025.".
22
23 Page 4, strike line 7 and substitute "assistance IN THE COLORADO ENERGY
24 OFFICE. THE COLORADO ENERGY OFFICE SHALL STAFF THE COMMISSION AS
25 NEEDED.".
26
27 Page 8, after line 4 insert:
28
29 "SECTION 5. In Colorado Revised Statutes, 40-8.7-102, add (3)
30 as follows:
31 40-8.7-102. Legislative declaration. (3) THE GENERAL
32 ASSEMBLY FURTHER FINDS THAT, ALTHOUGH WATER UTILITIES ARE NOT
33 REGULATED BY THE PUBLIC UTILITIES COMMISSION, ALLOWING WATER
34 UTILITIES TO PARTICIPATE IN A WATER ASSISTANCE PROGRAM ON A
35 VOLUNTARY BASIS WILL PROVIDE AN EFFICIENT MEANS FOR SOME WATER
36 UTILITIES TO PROVIDE FINANCIAL ASSISTANCE TO THEIR CUSTOMERS IN
37 LOW-INCOME HOUSEHOLDS.".
38
39 Renumber succeeding sections accordingly.
40
41 Page 8, line 21, before "SERVICE" insert "OR WASTEWATER".
42
43 Page 9, strike line 12 and substitute:
44 "(2.5) (a) EXCEPT AS PROVIDED IN SUBSECTION (2.5)(b) OF THIS
45 SECTION, COMMENCING WITH A CUSTOMER'S BILLING STATEMENT".
46
47 Page 9, after line 16 insert:
48 "(b) (I) FOR EACH MONTH THAT AN INVESTOR-OWNED UTILITY
49 COLLECTS THE MONTHLY ENERGY ASSISTANCE SYSTEM BENEFIT CHARGE,
50 THE UTILITY SHALL INCLUDE ON ITS CUSTOMERS' BILLING STATEMENTS A
51 CONSPICUOUS NOTIFICATION IN BOTH ENGLISH AND SPANISH THAT
52 SUBSTANTIALLY COMPLIES WITH THE FOLLOWING LANGUAGE:
53
1 IF YOU'RE STRUGGLING TO PAY YOUR UTILITY BILLS, YOU
2 MIGHT QUALIFY FOR EXEMPTION FROM A MONTHLY
3 CHARGE RELATED TO ENERGY ASSISTANCE AND BE
4 ELIGIBLE FOR UTILITY BILL PAYMENT ASSISTANCE.
5 PLEASE CALL 1-866-HEAT-HELP TO SEE IF YOU
6 QUALIFY.
7 (II) THE ORGANIZATION SHALL NOTIFY EACH INVESTOR-OWNED
8 UTILITY OF ANY CUSTOMER OF THE INVESTOR-OWNED UTILITY WHO IS
9 EXEMPTED FROM PAYMENT OF THE CHARGE BY VIRTUE OF HAVING
10 RECEIVED DIRECT UTILITY BILL PAYMENT ASSISTANCE FROM THE
11 ORGANIZATION IN THE PREVIOUS TWELVE MONTHS.
12 (III) EACH INVESTOR-OWNED UTILITY SHALL REVIEW READILY
13 AVAILABLE INFORMATION IT HAS RECEIVED FROM THE STATE DEPARTMENT
14 OF HUMAN SERVICES AND THE ORGANIZATION TO DETERMINE WHICH
15 CUSTOMERS HAVE RECEIVED ANY DIRECT UTILITY BILL PAYMENT
16 ASSISTANCE FROM THE STATE DEPARTMENT OR THE ORGANIZATION IN THE
17 PREVIOUS TWELVE MONTHS AND, AS A RESULT, ARE ELIGIBLE FOR
18 EXEMPTION FROM PAYMENT OF THE CHARGE.
19 (IV) UPON RECEIVING NOTIFICATION FROM THE ORGANIZATION
20 PURSUANT TO SUBSECTION (2.5)(b)(II) OF THIS SECTION OR UPON ITS OWN
21 DETERMINATION THAT A CUSTOMER IS ELIGIBLE FOR EXEMPTION FROM THE
22 CHARGE, AN INVESTOR-OWNED UTILITY SHALL REMOVE THE CHARGE FROM
23 THE CUSTOMER'S MONTHLY BILLING STATEMENTS FOR THE SUCCEEDING
24 TWELVE MONTHS.".
25
26 Page 10, strike lines 21 through 24 and substitute "PROGRAM TO MEET ITS
27 CUSTOMERS' WATER ASSISTANCE NEEDS. IN DETERMINING ELIGIBILITY FOR
28 ASSISTANCE, A WATER UTILITY MAY ADOPT THE CRITERIA SPECIFIED IN
29 SECTION 40-3-106 (1)(d) OR ALTERNATIVE CRITERIA AS DETERMINED BY
30 THE WATER UTILITY.".
31
32 Page 11, after line 5 insert:
33
34 "(4) THE ORGANIZATION SHALL USE THE MONEY COLLECTED FROM
35 EACH WATER UTILITY PURSUANT TO THIS SECTION TO HELP FINANCE
36 DIRECT WATER UTILITY BILL PAYMENT ASSISTANCE TO LOW-INCOME
37 HOUSEHOLDS SERVED BY THAT WATER UTILITY.".
38
39 Page 11, line 8, strike "rules." and substitute "rules - repeal.".
40
41 Page 11, line 9, after "2021," insert "AND EXCEPT AS PROVIDED IN SECTION
42 40-8.7-104 (2.5)(b),".
43
44 Page 11, strike lines 14 and 15 and substitute:
45
46 "(b) (I) EXCEPT AS PROVIDED IN SUBSECTIONS (1)(b)(II) AND
47 (1)(b)(III) OF THIS SECTION,".
48
49 Page 11, strike lines 16 and 17 and substitute "THE MONTHLY ENERGY
50 ASSISTANCE SYSTEM BENEFIT CHARGE IS SEVENTY-FIVE CENTS FOR
51 ELECTRIC SERVICE PROVIDED AND SEVENTY-FIVE CENTS FOR NATURAL".
52
53 Page 11, after line 18 insert:
54
55
1 "(II) (A) NOTWITHSTANDING SUBSECTION (1)(b)(I) OF THIS
2 SECTION, FOR BILLING STATEMENTS COVERING ELECTRIC OR NATURAL GAS
3 USAGE BETWEEN THE MONTHS OF OCTOBER 2021 AND SEPTEMBER 2022,
4 THE MONTHLY ENERGY ASSISTANCE SYSTEM BENEFIT CHARGE IS REDUCED
5 TO FIFTY CENTS FOR ELECTRIC SERVICE PROVIDED AND FIFTY CENTS FOR
6 NATURAL GAS SERVICE PROVIDED.
7 (B) THIS SUBSECTION (1)(b)(II) IS REPEALED, EFFECTIVE
8 SEPTEMBER 1, 2023.".
9
10 Page 11, strike lines 19 through 27 and substitute:
11
12 "(III) COMMENCING OCTOBER 1, 2023, THE MONTHLY ENERGY
13 ASSISTANCE SYSTEM BENEFIT CHARGE SHALL BE ADJUSTED IN
14 ACCORDANCE WITH CHANGES IN THE UNITED STATES DEPARTMENT OF
15 LABOR'S BUREAU OF LABOR STATISTICS CONSUMER PRICE INDEX FOR
16 DENVER-AURORA-LAKEWOOD FOR ALL ITEMS AND ALL URBAN
17 CONSUMERS, OR ITS SUCCESSOR INDEX.
18 (2) THE COMMISSION MAY INITIATE A RULE-MAKING PROCEEDING
19 TO REQUIRE EACH INVESTOR-OWNED UTILITY TO CONSIDER USING THE
20 MOST COST-EFFECTIVE METHOD FOR IMPLEMENTING THE PROGRAM.".
21
22 Page 12, strike lines 1 through 7.
23
24 Page 12, after line 7 insert:
25
26 "(4) THIS SECTION IS REPEALED, EFFECTIVE JANUARY 1, 2029.".
27
28 Page 12, line 21, strike "THE" and substitute "EXCEPT AS PROVIDED IN
29 SECTION 40-8.7-108 (2)(b), THE".
30
31 Page 12, line 25, strike "TERRITORY." and substitute "TERRITORY OR
32 WITHIN THE SERVICE TERRITORY OF AN AFFILIATED INVESTOR-OWNED
33 UTILITY.".
34
35 Page 12, after line 25 insert:
36
37 "(c) NOTWITHSTANDING SECTION 40-3-114, A UTILITY REGULATED
38 BY THE PUBLIC UTILITIES COMMISSION MAY USE FUNDS COLLECTED FROM
39 ITS CUSTOMERS FOR THE PURPOSE OF COMPLYING WITH A STATUTORY
40 REQUIREMENT TO FINANCE LOW-INCOME ENERGY ASSISTANCE
41 PROGRAMS.".
42
43 Page 13, strike line 19 and substitute:
44
45 "(2) (a) EXCEPT AS PROVIDED IN SUBSECTION (2)(b) OF THIS
46 SECTION, the organization shall use the MONEY COLLECTED FROM THE".
47
48 Page 14, after line 3 insert:
49
50 "(b) IN ACCORDANCE WITH THE PAYMENT AMOUNTS REFLECTED IN
51 THE ORGANIZATION'S BUDGET PREPARED PURSUANT TO SUBSECTION (3)(b)
52 OF THIS SECTION AND APPROVED BY THE LEGISLATIVE COMMISSION ON
53 LOW-INCOME ENERGY AND WATER ASSISTANCE PURSUANT TO SECTION
54 40-8.5-103.5 (6)(c), THE ORGANIZATION SHALL TRANSMIT A PORTION OF
55 THE MONEY COLLECTED FROM THE ENERGY ASSISTANCE SYSTEM BENEFIT
56 CHARGE TO THE STATE TREASURER AND THE STATE TREASURER SHALL
1 CREDIT THAT AMOUNT TO THE SUPPLEMENTAL UTILITY ASSISTANCE FUND
2 CREATED IN SECTION 26-2-307 (2)(a) FOR USE BY THE DEPARTMENT OF
3 HUMAN SERVICES IN ACCORDANCE WITH SECTION 26-2-307 (1).".
4
5 Page 14, line 4, after "(3)" insert "(a)".
6
7 Page 14, line 9, after the period insert "THE BUDGET MUST INCLUDE AN
8 ALLOCATION OF MONEY COLLECTED FROM THE CHARGE THAT WILL BE
9 USED FOR EDUCATION AND OUTREACH ABOUT THE PROGRAM.".
10
11 Page 14, after line 11 insert:
12
13 "(b) AS PART OF THE BUDGET DEVELOPED PURSUANT TO
14 SUBSECTION (3)(a) OF THIS SECTION, THE ORGANIZATION SHALL
15 CALCULATE THE AMOUNT OF MONEY FROM THE ENERGY ASSISTANCE
16 SYSTEM BENEFIT CHARGE TO TRANSMIT TO THE STATE TREASURER
17 PURSUANT TO SUBSECTION (2)(b) OF THIS SECTION AND THE AMOUNT OF
18 THE FUEL ASSISTANCE PAYMENTS THAT THE DEPARTMENT OF HUMAN
19 SERVICES MAKES IN ACCORDANCE WITH SECTION 26-2-307 (1).".
20
21 Page 16, line 14, strike "TERRITORY;" and substitute "TERRITORY OR
22 WITHIN THE SERVICE TERRITORY OF AN AFFILIATED INVESTOR-OWNED
23 UTILITY;".
24
25




BILL HB21-1168


Concerning historically underutilized businesses in local government procurement.

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 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:



Status
3/4/2021 Introduced In House - Assigned to Transportation & Local Government
3/31/2021 House Committee on Transportation & Local Government Refer Amended to Finance

Amendment

House Journal, April 1
28 HB21-1168 be amended as follows, and as so amended, be referred to
29 the Committee on Finance with favorable
30 recommendation:
31
32 Amend printed bill, strike everything below the enacting clause and
33 substitute:
34 "SECTION 1. In Colorado Revised Statutes, add part 15 to
35 article 1 of title 29 as follows:
15 36 PART
37 IDENTIFYING BARRIERS TO
38 HISTORICALLY UNDERUTILIZED BUSINESSES IN
39 LOCAL GOVERNMENT PROCUREMENT
40 29-1-1501. Legislative declaration. (1) THE GENERAL ASSEMBLY
41 HEREBY FINDS, DETERMINES, AND DECLARES THAT:
42 (a) IT IS IMPERATIVE THAT THE LOCAL GOVERNMENT
43 PROCUREMENT PROCESS BE FREE FROM BIAS SO THAT ALL QUALIFIED
44 PERSONS AND ENTITIES MAY COMPETE FOR LOCAL GOVERNMENT BUSINESS;
45 (b) A FAIR PROCUREMENT PROCESS NOT ONLY ENSURES JUSTICE
46 AND FAIRNESS IN LOCAL GOVERNMENT CONTRACTING BUT BROADENS THE
47 PROCUREMENT CONTRACTOR POOL, WHICH RESULTS IN EFFICIENCIES AND,
48 AS WARRANTED, PROMOTES THE GROWTH OF HISTORICALLY
49 UNDERUTILIZED BUSINESSES, THEREBY CREATING JOBS AND STIMULATING
50 THE LOCAL GOVERNMENT'S ECONOMY; AND
51 (c) ESTABLISHING A PILOT PROJECT TO IDENTIFY THE PERCEPTUAL
52 AND SUBSTANTIAL BARRIERS TO ENTRY FOR HISTORICALLY
53 UNDERUTILIZED BUSINESSES IN LOCAL GOVERNMENT PROCUREMENT IS THE
54 APPROPRIATE WAY TO START THIS CONVERSATION AT THE STATE
55 GOVERNMENT LEVEL.
1 29-1-1502. Definitions. AS USED IN THIS PART 15, UNLESS THE
2 CONTEXT OTHERWISE REQUIRES:
3 (1) "HISTORICALLY UNDERUTILIZED BUSINESS" MEANS A BUSINESS
4 THAT IS AT LEAST FIFTY-ONE PERCENT OWNED AND CONTROLLED, IN BOTH
5 THE MANAGEMENT AND DAY-TO-DAY BUSINESS DECISIONS, BY ONE OR
6 MORE INDIVIDUALS WHO ARE:
7 (a) UNITED STATES CITIZENS OR PERMANENT RESIDENTS; AND
8 (b) ONE OR MORE OF THE FOLLOWING:
9 (I) MEMBERS OF A RACIAL OR ETHNIC MINORITY GROUP;
10 (II) NON-HISPANIC CAUCASIAN WOMEN;
11 (III) PERSONS WITH PHYSICAL OR MENTAL DISABILITIES;
12 (IV) MEMBERS OF THE LESBIAN, GAY, BISEXUAL, AND
13 TRANSGENDER COMMUNITY; OR
14 (V) VETERANS.
15 (2) "LOCAL GOVERNMENT" MEANS ANY COUNTY, CITY AND
16 COUNTY, CITY, TOWN, OR SPECIAL DISTRICT, INCLUDING ANY COUNTY,
17 CITY AND COUNTY, CITY, OR TOWN THAT HAS ADOPTED A HOME RULE
18 CHARTER, AND ANY SCHOOL DISTRICT ORGANIZED AND EXISTING
19 PURSUANT TO ARTICLE 20 OF TITLE 22, BUT NOT INCLUDING A LOCAL
20 COLLEGE DISTRICT.
21 (3) "PERSONS WITH PHYSICAL OR MENTAL DISABILITIES" MEANS
22 PERSONS WHO:
23 (a) HAVE IMPAIRMENTS THAT SUBSTANTIALLY LIMIT ONE OR MORE
24 MAJOR LIFE ACTIVITIES;
25 (b) ARE REGARDED GENERALLY BY THE COMMUNITY AS HAVING
26 A DISABILITY; AND
27 (c) WHOSE DISABILITIES SUBSTANTIALLY LIMIT THEIR ABILITY TO
28 ENGAGE IN COMPETITIVE BUSINESS.
29 (4) "PROCUREMENT" MEANS ALL TYPES OF LOCAL GOVERNMENT
30 PURCHASING BY CONTRACT FOR CONSTRUCTION, PROFESSIONAL SERVICES,
31 GOODS, OR OTHER SERVICES.
32 (5) "PROGRAM" MEANS A HISTORICALLY UNDERUTILIZED BUSINESS
33 PREFERENCE PROGRAM FOR LOCAL GOVERNMENT PROCUREMENT.
34 (6) "RACIAL OR ETHNIC MINORITY GROUP" MEANS:
35 (a) AFRICAN AMERICAN PERSONS, MEANING INDIVIDUALS HAVING
36 ORIGINS IN ANY OF THE BLACK RACIAL GROUPS;
37 (b) HISPANIC AMERICAN PERSONS, INCLUDING PERSONS OF
38 MEXICAN, PUERTO RICAN, CUBAN, CENTRAL OR SOUTH AMERICAN, OR
39 OTHER SPANISH OR PORTUGUESE CULTURE OR ORIGIN, REGARDLESS OF
40 RACE;
41 (c) ASIAN AMERICAN PERSONS, INCLUDING PERSONS WHOSE
42 ORIGINS ARE FROM JAPAN, CHINA, TAIWAN, KOREA, VIETNAM, LAOS,
43 CAMBODIA, THE PHILIPPINES, SAMOA, THE UNITED STATES TERRITORIES
44 OF THE PACIFIC, OR THE NORTHERN MARIANA ISLANDS; OR PERSONS
45 WHOSE ORIGINS ARE FROM SUBCONTINENT ASIA, INCLUDING PERSONS
46 WHOSE ORIGINS ARE FROM INDIA, PAKISTAN, BANGLADESH, SRI LANKA,
47 BHUTAN, OR NEPAL; OR
48 (d) NATIVE AMERICAN PERSONS, INCLUDING PERSONS WHO ARE
49 AMERICAN INDIANS, ESKIMOS, ALEUTS, OR HAWAIIANS OF POLYNESIAN
50 DESCENT.
51 (7) "VETERANS" MEANS PERSONS WHO ACTIVELY SERVED IN THE
52 UNITED STATES ARMED FORCES AND WHO WERE DISCHARGED OR
53 RELEASED UNDER CONDITIONS OTHER THAN BAD CONDUCT OR
54 DISHONORABLE, IN ACCORDANCE WITH U.S.C. TITLE 38, AS AMENDED.
55 "VETERANS" INCLUDES PERSONS SERVING OR WHO SERVED IN THE
1 NATIONAL GUARD OR AS RESERVISTS.
2 29-1-1503. Identifying barriers to entry for historically
3 underutilized businesses in local government procurement - pilot
4 program. (1) NO LATER THAN AUGUST 13, 2021, THE DEPARTMENT OF
5 LOCAL AFFAIRS SHALL ESTABLISH A PILOT PROGRAM TO HELP LOCAL
6 GOVERNMENTS IDENTIFY PERCEPTUAL AND SUBSTANTIAL BARRIERS TO
7 ENTRY FOR HISTORICALLY UNDERUTILIZED BUSINESSES IN LOCAL
8 GOVERNMENT PROCUREMENT. THE DEPARTMENT OF LOCAL AFFAIRS SHALL
9 ENSURE THAT THE LOCAL GOVERNMENTS THAT OPT IN TO THE PILOT
10 PROGRAM ARE REPRESENTATIVE OF THE LOCAL GOVERNMENTS THAT
11 INTERSECT THE RURAL, URBAN, AND SUBURBAN GEOGRAPHIES OF THE
12 STATE AND ARE REPRESENTATIVE OF THE VARYING TYPES OF LOCAL
13 GOVERNMENTS. THE PILOT PROGRAM MUST INCLUDE AT LEAST FIVE
14 DIVERSE LOCAL GOVERNMENTS.
15 (2) THE LOCAL GOVERNMENTS PARTICIPATING IN THE PILOT
16 PROGRAM SHALL:
17 (a) IDENTIFY PROGRAM IMPLEMENTATION NEEDS, SUCH AS LABOR
18 AND TECHNOLOGY;
19 (b) DETERMINE THE APPROPRIATE SIZE CONTRACTS THAT WOULD
20 BENEFIT FROM A PROGRAM;
21 (c) DETERMINE THE APPROPRIATE TYPE OF CONTRACTS THAT
22 WOULD BENEFIT FROM A PROGRAM, SUCH AS, CONSTRUCTION OR SERVICE
23 CONTRACTS, OR SHORT-TERM OR LONG-TERM CONTRACTS;
24 (d) ESTABLISH A REASONABLE THRESHOLD FOR THE AMOUNT OF A
25 LOCAL GOVERNMENT'S OPERATING BUDGET THAT SHOULD BE ALLOCATED
26 TO THE ESTABLISHMENT AND MAINTENANCE OF A PROGRAM;
27 (e) UNDERSTAND THE AVAILABLE PROGRAM SOFTWARE AND
28 COSTS;
29 (f) DETERMINE HOW CAN WE STANDARDIZE THE DATA ACROSS
30 LOCAL GOVERNMENTS TO BEING SUBMITTED TO THE STATE;
31 (g) DETERMINE THE REQUIRED MINIMUM PARTICIPATION GOALS OR
32 PARTICIPATION BENCHMARKS OF HISTORICALLY UNDERUTILIZED
33 BUSINESSES TO DETERMINE IF THE LOCAL GOVERNMENT'S PROGRAM IS
34 FAIR;
35 (h) DETERMINE WHICH TYPES OF HISTORICALLY UNDERUTILIZED
36 BUSINESSES, AS SPECIFIED IN SECTION 29-1-1502 (1)(b), APPEAR TO BE
37 MORE OR LESS IMPACTED;
38 (i) CREATE A SAMPLE PROGRAM THAT ALL LOCAL GOVERNMENTS
39 MAY USE AND ARTICULATE THE NECESSARY STEPS TO BUILD A PROGRAM;
40 AND
41 (j) HELP ARTICULATE PROGRAM GOALS AND TARGETS, SUCH AS
42 DETERMINING WHY A PROGRAM IS IMPORTANT FOR THE LOCAL
43 GOVERNMENT AND WHAT OUTCOMES THE LOCAL GOVERNMENTS WISH TO
44 SEE FROM PROGRAM IMPLEMENTATION.
45 (2) A PILOT PROGRAM PARTICIPANT MAY COLLABORATE WITH THE
46 DEPARTMENT OF LOCAL AFFAIRS AND THE GENERAL ASSEMBLY ON FUTURE
47 LEGISLATION REQUIRING LOCAL GOVERNMENTS TO ESTABLISH PROGRAMS.
48 (3) (a) IN JANUARY 2022, THE DEPARTMENT OF LOCAL AFFAIRS
49 SHALL REPORT ON THE PROGRESS OF THE PILOT PROJECT AS PART OF THE
50 DEPARTMENT'S PRESENTATION TO ITS COMMITTEE OF REFERENCE AT A
51 HEARING HELD PURSUANT TO SECTION 2-7-203 (2)(a) OF THE "STATE
52 MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT
53 (SMART) GOVERNMENT ACT".
54
1 (b) IN JANUARY 2023, THE DEPARTMENT OF LOCAL AFFAIRS SHALL
2 INCLUDE THE FINDINGS OF THE PILOT PROJECT AS PART OF THE
3 DEPARTMENT'S PRESENTATION TO ITS COMMITTEE OF REFERENCE AT A
4 HEARING HELD PURSUANT TO SECTION 2-7-203 (2)(a) OF THE "STATE
5 MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT
6 (SMART) GOVERNMENT ACT".
7 SECTION 2. Act subject to petition - effective date. This act
8 takes effect at 12:01 a.m. on the day following the expiration of the
9 ninety-day period after final adjournment of the general assembly; except
10 that, if a referendum petition is filed pursuant to section 1 (3) of article V
11 of the state constitution against this act or an item, section, or part of this
12 act within such period, then the act, item, section, or part will not take
13 effect unless approved by the people at the general election to be held in
14 November 2022 and, in such case, will take effect on the date of the
15 official declaration of the vote thereon by the governor.".
16
17




BILL HB21-1181


Concerning the creation of a voluntary soil health program, and, in connection therewith, making an appropriation.

The bill creates the Colorado soil health program in the department of agriculture (department). The soil health program is voluntary. The department, commissioner of agriculture (commissioner), and state agricultural commission will administer the soil health program.

The department may establish the following:

Before establishing a system, inventory and platform, or program, the department must provide public notice and afford the public an opportunity to submit written comments.

The department may also:

The bill also creates a soil health advisory committee (advisory committee). The commissioner is required to appoint members who represent the different geographic areas, political diversity, and demographic diversity of the state and include agricultural producers of diverse production systems. The advisory committee approves grants.

The advisory committee will make recommendations to the department and assist in the development of the soil health program. The advisory committee is also authorized to solicit input, review proposals and agreements, and evaluate the soil health program.

The department shall maintain the confidentiality of information related to private lands that identify landowners, land managers, agricultural producers, or lands.

No later than January 31 of each year, the department shall prepare and make available to the public a report of its activities on its official website. The department shall annually report each gift, grant, or donation in its budget request for the state fiscal year to the joint budget committee and at the hearing required by the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government 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.)



Status
3/4/2021 Introduced In House - Assigned to Agriculture, Livestock, & Water
3/22/2021 House Committee on Agriculture, Livestock, & Water Refer Amended to Appropriations
4/5/2021 House Committee on Appropriations Refer Amended to House Committee of the Whole
4/7/2021 House Second Reading Passed with Amendments - Committee
4/8/2021 House Third Reading Passed - No Amendments
4/9/2021 Introduced In Senate - Assigned to Agriculture & Natural Resources

Amendment

House Journal, March 23
14 HB21-1181 be amended as follows, and as so amended, be referred to
15 the Committee on Appropriations with favorable
16 recommendation:
17
18 Amend printed bill, page 3, line 8, after "sequestration;" insert "and".
19
20 Page 3, line 11, strike "decades;" and substitute "decades.".
21
22 Page 3, strike lines 12 through 20.
23
24 Page 4, strike lines 4 through 12.
25
26 Renumber succeeding subsections accordingly.
27
27 28 Page 4, strike lines 19 through
29
30 Page 5, strike lines 1 through 21.
31
32 Renumber succeeding subsections accordingly.
33
34 Page 5, strike lines 24 through 27.
35
36 Page 6, strike lines 1 through 10.
37
38 Renumber succeeding subsections accordingly.
39
40 Page 6, strike line 25 and substitute:
41
42 "(e) INTEGRATING BEST GRAZING LIVESTOCK PRACTICES.".
43
44 Page 7, strike lines 10 through 12.
45
46 Renumbers succeeding subsection accordingly.
47
48 Page 7, line 18, strike "DEPARTMENT." and substitute "ADVISORY
49 COMMITTEE.".
50
51 Page 8, line 5, strike "ENVIRONMENTAL" and substitute "AGRICULTURAL,
52 ENVIRONMENTAL,".
53
54 Page 8, line 13, after "(2)" insert "(a)".
55
56
1 Page 8, after line 20 insert:
2
3 "(b) THE DEPARTMENT SHALL NOT MAKE A GRANT UNLESS THE
4 ADVISORY COMMITTEE APPROVES THE GRANT, INCLUDING THE AMOUNT,
5 RECIPIENT, AND PURPOSE; EXCEPT THAT THE ADVISORY COMMITTEE MAY
6 DELEGATE, WITH APPROVAL STANDARDS, TO THE DEPARTMENT APPROVAL
7 OF THE TYPES OF GRANTS THAT ARE DETERMINED APPROPRIATE.".
8
9 Page 10, strike line 6 and substitute "AGREEMENT, TO:".
10
11 Page 10, strike lines 19 through 27.
12
13 Reletter succeeding paragraphs accordingly.
14
15 Page 11, strike lines 10 and 11 and substitute "SOIL HEALTH TESTING
16 PROGRAM.".
17
18 Page 11, strike lines 12 through 19.
19
20 Page 11, line 22, strike "NINE" and substitute "TEN".
21
22 Page 12, line 12, strike "A REPRESENTATIVE" and substitute "TWO
23 REPRESENTATIVES WHO ARE MEMBERS".
24
25 Page 12, after line 24 insert:
26
27 "(c) THE COMMISSIONER SHALL APPOINT ONE OF THE TWO
28 REPRESENTATIVES WHO ARE MEMBERS OF THE STATE CONSERVATION
29 BOARD AS THE CHAIR OF THE ADVISORY COMMITTEE.
30 (d) THE ADVISORY COMMITTEE SHALL MEET WITH THE STATE
31 CONSERVATION BOARD AT LEAST ONCE ANNUALLY.".
32
33 Page 12, line 25, strike "INVITE" and substitute "APPOINT".
34
35 Page 13, strike line 27 and substitute:
36
37 "(7) (a) THE ADVISORY COMMITTEE SHALL:
38 (I) APPROVE OR DENY ANY GRANT PROPOSED BY THE DEPARTMENT
39 OR DELEGATE, WITH APPROVAL STANDARDS, TO THE DEPARTMENT
40 APPROVAL OF THE TYPES OF GRANTS THAT ARE DETERMINED
41 APPROPRIATE; AND
42 (II) MAKE".
43
44 Page 14, strike lines 22 and 23.
45
46 Renumber succeeding subparagraphs accordingly
47
48 Page 15, strike line 3.
49
50 Renumber succeeding subsections accordingly.
51
52 Page 16, after line 12 insert:
53
54
1 "(3) NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE
2 DEPARTMENT SHALL ANNUALLY REPORT EACH GIFT, GRANT, OR DONATION,
3 INCLUDING THE IDENTITY OF THE DONOR, IN ITS BUDGET REQUEST FOR THE
4 STATE FISCAL YEAR TO THE JOINT BUDGET COMMITTEE AND AT THE
5 HEARING REQUIRED BY THE "STATE MEASUREMENT FOR ACCOUNTABLE,
2 6 RESPONSIVE, AND TRANSPARENT (SMART) GOVERNMENT ACT", PART
7 OF ARTICLE 7 OF TITLE 2.".
8
9 Page 17, strike lines 9 and 10 and substitute "MANAGERS, AGRICULTURAL
10 PRODUCERS, OR PARCELS OF LAND;".
11
12

House Journal, April 5
14 HB21-1181 be amended as follows, and as so amended, be referred to
15 the Committee of the Whole with favorable
16 recommendation:
17
18 Amend printed bill, page 17, after line 14 insert:
19
20 "SECTION 5. Appropriation. For the 2021-22 state fiscal year,
21 $4,464 is appropriated to the department of agriculture for use by the
22 agricultural services division. This appropriation is from the general fund.
23 To implement this act, the division may use this appropriation for the
24 conservation services division.".
25
26 Renumber succeeding section accordingly.
27
28 Page 1, line 102, strike "PROGRAM." and substitute "PROGRAM, AND, IN
29 CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
30
31

House Journal, April 7
50 Amendment No. 1, Appropriations Report, dated April 5, 2021, and
51 placed in member's bill file; Report also printed in House Journal, April
52 5, 2021.
53
54 Amendment No. 2, Agriculture, Livestock, & Water Report, dated March
55 22, 2021, and placed in member's bill file; Report also printed in House
56 Journal, March 22, 2021.
1 As amended, ordered engrossed and placed on the Calendar for Third
2 Reading and Final Passage.
3




BILL HB21-1226


Concerning additional measures to control aquatic nuisance species, and, in connection therewith, prohibiting a person from refusing to stop at a check station and directing the division of parks and wildlife to report to the general assembly regarding implementation of the act.

Current law allows qualified peace officers to stop a conveyance, including a boat trailer and a boat, and inspect the conveyance for the presence of aquatic nuisance species before the boat is launched onto waters of the state and before departing from the waters of the state or a vessel staging area, and to impound and quarantine a conveyance that is contaminated until it is decontaminated. Authorized agents can detain and inspect conveyances but cannot impound or quarantine conveyances.Section 1 of the bill directs the division of parks and wildlife in the department of natural resources to investigate the methods that other states are using with respect to the location and operation of check stations and report regarding its investigation and the operation of check stations pursuant to the bill to the general assembly's committees with jurisdiction over wildlife.Section 2 authorizes a qualified peace officer to stop and inspect for the presence of aquatic nuisance species a conveyance that has encountered an aquatic nuisance species check station.Section 3 prohibits a person who encounters a check station from failing or refusing to stop at the check station while transporting a conveyance during the check station's hours of operation without presenting the conveyance for inspection.
(Note: This summary applies to this bill as introduced.)



Status
3/18/2021 Introduced In House - Assigned to Agriculture, Livestock, & Water
4/1/2021 House Committee on Agriculture, Livestock, & Water Witness Testimony and/or Committee Discussion Only
4/8/2021 House Committee on Agriculture, Livestock, & Water Refer Amended to House Committee of the Whole

Amendment

House Journal, April 9
7 HB21-1226 be amended as follows, and as so amended, be referred to
8 the Committee of the Whole with favorable
9 recommendation:
10
11 Amend printed bill, page 3, strike line 19 and substitute "(1)(c), (1)(d),
12 and (2)(a) introductory portion; and add (1)(e) and (2)(a.5) as follows:".
13
14 Page 4, after line 3 insert:
15
16 "(2) (a) A person who knowingly or willfully violates subsection
17 (1) ANY OF THE PROVISIONS IN SUBSECTIONS (1)(a) TO (1)(d) of this
18 section:
19 (a.5) A PERSON WHO KNOWINGLY OR WILLFULLY VIOLATES
20 SUBSECTION (1)(e) OF THIS SECTION COMMITS A CIVIL INFRACTION AND,
21 UPON ENTRY OF JUDGMENT, SHALL BE FINED ONE HUNDRED DOLLARS.
22 WHEN A PERSON IS CHARGED WITH KNOWINGLY OR WILLFULLY VIOLATING
23 SUBSECTION (1)(e) OF THIS SECTION, THE OFFICER SHALL GIVE A PENALTY
24 ASSESSMENT NOTICE TO THE DEFENDANT AND FOLLOW THE PROCEDURES
25 IN SECTION 33-15-102 (2). IF THE FINE AND SURCHARGE ARE NOT TIMELY
26 PAID, THE CASE SHALL BE HEARD IN THE COURT OF COMPETENT
27 JURISDICTION PRESCRIBED ON THE PENALTY ASSESSMENT NOTICE IN THE
28 MANNER PROVIDED FOR IN ARTICLE 4 OF TITLE 42 FOR THE PROSECUTION
29 OF TRAFFIC INFRACTIONS.".
30
31




BILL HB21-1233


Concerning modifications to the requirements for claiming an income tax credit for the donation of a perpetual conservation easement.

The bill makes the following changes affecting claims for an income tax credit allowed for the donation of a perpetual conservation easement in gross (tax credit):



Status
3/19/2021 Introduced In House - Assigned to Agriculture, Livestock, & Water
4/5/2021 House Committee on Agriculture, Livestock, & Water Refer Unamended to Finance


BILL HB21-1242


Concerning the creation of an agricultural drought and climate resilience office in the department of agriculture.

Section 1 of the bill creates in the department of agriculture the agricultural drought and climate resilience office (office). The office may provide voluntary technical assistance, nonregulatory programs, and incentives that increase the ability to anticipate, prepare for, mitigate, adapt to, and respond to hazardous events, trends, or disturbances related to drought or the climate. The office may accept gifts, grants, and donations for these purposes. On July 1, 2021, the state treasurer shall transfer all unobligated money in the agriculture value-added cash fund to the newly created agriculture drought and climate resiliency cash fund. The commissioner of agriculture shall appoint the head of the office and may promulgate rules necessary for the administration of the office's assistance, programs, and incentives.Section 2 annually transfers $500,000 from tier 2 of the severance tax operational fund to the new cash fund until July 1, 2029.
(Note: This summary applies to this bill as introduced.)



Status
3/24/2021 Introduced In House - Assigned to Agriculture, Livestock, & Water
4/5/2021 House Committee on Agriculture, Livestock, & Water Witness Testimony and/or Committee Discussion Only
4/8/2021 House Committee on Agriculture, Livestock, & Water Refer Amended to House Committee of the Whole

Amendment

House Journal, April 9
33 HB21-1242 be amended as follows, and as so amended, be referred to
34 the Committee of the Whole with favorable
35 recommendation:
36
37 Amend printed bill, page 2, line 5, strike "rules-" and substitute "rules -
38 definition -".
39
40 Page 2, strike line 18 and substitute:
41
42 "(c) DECLARES THAT:
43 (I) CREATING THE AGRICULTURAL DROUGHT AND".
44
45 Page 3, line 1, strike "PROGRAMS." and substitute "PROGRAMS; AND
46 (II) THE AGRICULTURAL DROUGHT AND CLIMATE RESILIENCE
47 OFFICE CAN BEST ADDRESS AND MITIGATE AGRICULTURAL
48 CLIMATE-RELATED ISSUES ON A WIDE SCALE BY PROVIDING SUPPORT TO
49 AND ASSISTING BONA FIDE AGRICULTURAL PRODUCERS IN IMPLEMENTING
50 PRACTICES THAT MINIMIZE THE IMPACTS OF CLIMATE CHANGE.".
51
52 Page 3, line 12, strike "INCENTIVES." and substitute "INCENTIVES,
53 INCLUDING GRANTS. BEFORE PROMULGATING THE RULES, THE
54 COMMISSIONER SHALL CONVENE A STAKEHOLDER GROUP, INCLUDING
55 REPRESENTATIVES OF ORGANIZATIONS WHOSE MEMBERSHIP CONSISTS OF
1 AGRICULTURAL PRODUCERS ENGAGED IN THE PRODUCTION OF THE TOP TEN
2 AGRICULTURAL COMMODITIES PRODUCED IN COLORADO. THE
3 STAKEHOLDER GROUP SHALL ADVISE THE COMMISSIONER AS TO THE NEEDS
4 OF THE AGRICULTURE INDUSTRY TO RESPOND TO AND MITIGATE THE
5 IMPACTS OF CLIMATE CHANGE ON AGRICULTURAL PRODUCTION. FOR THE
6 PURPOSE OF THIS SECTION, "BONA FIDE AGRICULTURAL PRODUCER" MEANS
7 AN AGRICULTURAL PRODUCER THAT RECEIVES A MAJORITY OF THE
8 PRODUCER'S ANNUAL INCOME FROM AGRICULTURE, AN AGRICULTURAL
9 PRODUCER THAT SPENDS MORE THAN ONE THOUSAND FORTY HOURS PER
10 YEAR ENGAGED IN AGRICULTURAL PRODUCTION, OR A COLORADO
11 BUSINESS THAT PROCESSES AGRICULTURAL PRODUCTS. EXCEPT FOR A
12 PROGRAM OR SUPPORT ADMINISTERED BY THE OFFICE TO ADDRESS
13 IMMEDIATE NEEDS AS A RESULT OF DISASTER, INCLUDING WILDFIRE AND
14 DROUGHT, OR A PROGRAM THAT WAS IN EXISTENCE ON JANUARY 1, 2021:
15 (a) A PROGRAM ADMINISTERED BY THE OFFICE MUST BE DESIGNED
16 TO BENEFIT BONA FIDE AGRICULTURAL PRODUCERS ACTIVELY ENGAGED
17 IN AGRICULTURE. GRANTS AWARDED BY THE OFFICE MUST PAY FOR
18 IMPLEMENTATION OF PRACTICES TO ADDRESS AND MITIGATE THE IMPACTS
19 OF CLIMATE CHANGE OR DROUGHT OR TO PROVIDE DIRECT ADAPTATION
20 SUPPORT FOR IMPACTED AGRICULTURAL COMMUNITIES, INCLUDING
21 MENTAL HEALTH RESOURCES, CONFLICT RESOLUTION ASSISTANCE, AND
22 RISK-MANAGEMENT GUIDANCE. A GRANT AWARD MAY PAY NO MORE THAN
23 FIVE PERCENT OF ADMINISTRATIVE EXPENSES INCURRED BY A BONA FIDE
24 AGRICULTURAL PRODUCER TO IMPLEMENT THE PRACTICES.
25 (b) THE DEPARTMENT SHALL, AT LEAST THIRTY DAYS BEFORE
26 OPENING THE GRANT APPLICATION PROCESS, MAKE AVAILABLE ON ITS
27 WEBSITE INFORMATION RELATED TO THE GRANT PROGRAM AVAILABLE TO
28 BONE FIDE AGRICULTURAL PRODUCERS;
29 (c) A GRANT AUTHORIZED PURSUANT TO THIS SECTION MUST
30 RECEIVE FINAL APPROVAL BY THE COMMISSION BEFORE A FINAL AWARD
31 CAN BE ISSUED; AND
32 (d) THE DEPARTMENT SHALL POST ON ITS WEBSITE ALL
33 APPLICATIONS FOR GRANT AWARDS. WITHIN FIFTEEN DAYS AFTER
34 AWARDING A GRANT, THE DEPARTMENT SHALL POST ON ITS WEBSITE THE
35 NAME OF THE INDIVIDUAL OR ENTITY RECEIVING A GRANT, THE AMOUNT
36 OF THE GRANT AWARDED, THE PROJECT OR PROJECTS TO BE FUNDED BY
37 THE GRANT, AND THE DURATION OF THE GRANT AWARD.".
38
39 Page 4, strike line 6 and substitute:
40
41 "(d) THE DEPARTMENT SHALL:
42 (I) REPORT AND REGULARLY UPDATE ON ITS WEBSITE THE AMOUNT
43 AND SOURCE OF MONEY RECEIVED UNDER THIS SUBSECTION (4) AND, IF
44 THE MONEY IS A GIFT, GRANT, OR DONATION, THE PURPOSE AND PERIOD OF
45 TIME FOR WHICH THE MONEY IS AVAILABLE; AND
46 (II) REPORT ANNUALLY THE AMOUNT AND".
47
48 Page 4, line 10, strike "2." and substitute "2 AND, IF THE MONEY IS A GIFT,
49 GRANT, OR DONATION, THE NAME OF THE SOURCE OF THE MONEY AND THE
50 GRANTEE.".
51
52




BILL HB21-1260


Concerning transfers of money from the general fund to implement the state water plan, and, in connection therewith, making an appropriation.

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



Status
4/6/2021 Introduced In House - Assigned to Agriculture, Livestock, & Water


BILL HB21-1266


Concerning efforts to redress the effects of environmental injustice on disproportionately impacted communities.

Section 3 of the bill defines "disproportionately impacted community".Section 4 requires the air quality control commission to promote outreach to and engage with disproportionately impacted communities by creating new ways to gather input from communities across the state, using multiple languages and multiple formats, and transparently sharing information about adverse effects resulting from its proposed actions.Section 5 creates the environmental justice action task force (task force) in the department of public health and environment (department), the goal of which is to propose recommendations to the general assembly regarding practical means of addressing environmental justice inequities. The task force will:

The department will report on the task force during the department's "SMART Act" presentations.


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



Status
4/6/2021 Introduced In House - Assigned to Energy & Environment


BILL HJR21-1002


Concerning approval of water project revolving fund eligibility lists administered by the Colorado water resources and power development authority.

*** No bill summary available ***

Status
1/15/2021 Introduced In House - Assigned to Agriculture, Livestock, & Water
2/18/2021 House Committee on Agriculture, Livestock, & Water Refer Unamended to House Committee of the Whole
2/23/2021 Introduced In Senate - Assigned to Agriculture & Natural Resources
2/24/2021 House Third Reading Passed - No Amendments
3/4/2021 Senate Committee on Agriculture & Natural Resources Refer Unamended to Senate Committee of the Whole
3/9/2021 Senate Third Reading Laid Over Daily - No Amendments
3/10/2021 Senate Third Reading Passed - No Amendments
3/11/2021 Signed by the Speaker of the House
3/11/2021 Signed by the President of the Senate
3/11/2021 Sent to the Governor
3/21/2021 Governor Signed


BILL SB21-028


Concerning compliance with the "State Administrative Procedure Act" by certain state entities in the promulgation of legal standards affecting public health.

The bill clarifies that, whenever the state board of health or the Colorado department of public health and environment promulgates a rule, it shall do so by complying with the "State Administrative Procedure Act".

The bill also prohibits the state board of health and the Colorado department of public health and environment from issuing an order that has the general applicability of a rule unless the state board of health or the Colorado department of public health and environment issues the order in accordance with the requirements for promulgating a rule, as set forth in the "State Administrative Procedure Act".


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



Status
2/16/2021 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
3/2/2021 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely


BILL SB21-034


Concerning the creation of an enterprise that is exempt from the requirements of section 20 of article X of the state constitution to administer a fee-based water resources financing program.

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

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

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

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



Status
2/16/2021 Introduced In Senate - Assigned to Agriculture & Natural Resources
3/11/2021 Senate Committee on Agriculture & Natural Resources Postpone Indefinitely


BILL SB21-054


Concerning transfers from the general fund to cash funds to be used to address wildland fires, and, in connection therewith, making an appropriation.

Joint Budget Committee. Section 1 of the bill requires the state treasurer to transfer $6 million from the general fund to the forest restoration and wildfire risk mitigation grant program cash fund.Section 2 requires the state treasurer to transfer $3 million from the general fund to the wildfire preparedness fund. The division of homeland security and emergency management in the department of public safety is required to use this money:

Section 3 requires the state treasurer to transfer $4 million from the general fund to the Colorado water conservation board construction fund. This money is appropriated to the board for the watershed restoration program to support post-fire recovery and mitigation efforts.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
2/16/2021 Introduced In Senate - Assigned to Appropriations
2/23/2021 Senate Committee on Appropriations Refer Unamended - Consent Calendar to Senate Committee of the Whole
2/25/2021 Senate Second Reading Passed - No Amendments
2/26/2021 Senate Third Reading Passed - No Amendments
2/26/2021 Introduced In House - Assigned to Appropriations
3/2/2021 House Committee on Appropriations Refer Unamended to House Committee of the Whole
3/4/2021 House Second Reading Passed - No Amendments
3/5/2021 House Third Reading Passed - No Amendments
3/11/2021 Signed by the President of the Senate
3/11/2021 Signed by the Speaker of the House
3/11/2021 Sent to the Governor
3/21/2021 Governor Signed


BILL SB21-113


Concerning state funding of firefighting aircraft to respond to wildfires.

The bill directs the state treasurer to transfer $30,800,000 from the general fund to the Colorado firefighting air corps fund to support the following purposes:

In addition to any other purpose for the use of money in the wildfire emergency preparedness fund (WEPF), the bill permits the division of fire prevention and control in the department of public safety to use money in the WEPF to provide wildfire suppression assistance to county sheriffs, municipal fire departments, or fire protection districts throughout the state at no cost to such entities pursuant to annual guidelines published by the division in the wildfire preparedness plan .

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


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



Status
2/19/2021 Introduced In Senate - Assigned to Appropriations
2/23/2021 Senate Committee on Appropriations Refer Amended - Consent Calendar to Senate Committee of the Whole
2/25/2021 Senate Second Reading Passed with Amendments - Committee
2/26/2021 Senate Third Reading Passed - No Amendments
2/26/2021 Introduced In House - Assigned to Appropriations
3/2/2021 House Committee on Appropriations Refer Unamended to House Committee of the Whole
3/4/2021 House Second Reading Passed - No Amendments
3/5/2021 House Third Reading Passed - No Amendments
3/10/2021 Signed by the President of the Senate
3/10/2021 Signed by the Speaker of the House
3/11/2021 Sent to the Governor
3/21/2021 Governor Signed

Amendment

Senate Journal, February 23
After consideration on the merits, the Committee recommends that SB21-113 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation and with a recommendation that it be placed on the Consent Calendar.
Amend printed bill, page 2, after line 1 insert:

"SECTION 1. In Colorado Revised Statutes, 24-33.5-1226, add (2.5)
as follows:
24-33.5-1226. Wildfire emergency response fund - creation - gifts,
grants, and donations authorized. (2.5) IN ADDITION TO ANY OTHER PURPOSE
FOR THE USE OF MONEY IN THE WILDFIRE EMERGENCY PREPAREDNESS FUND
SPECIFIED IN THIS SECTION, THE DIVISION MAY USE MONEY IN THE FUND TO
PROVIDE WILDFIRE SUPPRESSION ASSISTANCE TO COUNTY SHERIFFS, MUNICIPAL
FIRE DEPARTMENTS, OR FIRE PROTECTION DISTRICTS THROUGHOUT THE STATE
AT NO COST TO SUCH ENTITIES PURSUANT TO ANNUAL GUIDELINES PUBLISHED
BY THE DIVISION IN THE WILDFIRE PREPAREDNESS PLAN REQUIRED BY SECTION
24-33.5-1227 (2)(a).".

Renumber succeeding sections accordingly.




BILL SB21-135


Concerning a prohibition on the use of certain animals in a traveling animal act.

The bill creates the "Traveling Animal Protection Act" (Act), which prohibits the use of certain animals in a traveling animal act. A person who violates the Act commits a misdemeanor and is subject to a fine ranging from $250 to $1,000 per violation.


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



Status
2/26/2021 Introduced In Senate - Assigned to Agriculture & Natural Resources
3/18/2021 Senate Committee on Agriculture & Natural Resources Refer Amended to Senate Committee of the Whole
3/23/2021 Senate Second Reading Laid Over Daily - No Amendments
3/24/2021 Senate Second Reading Passed with Amendments - Committee
3/25/2021 Senate Third Reading Passed - No Amendments
3/25/2021 Senate Third Reading Reconsidered - No Amendments
3/25/2021 Senate Third Reading Passed - No Amendments
3/25/2021 Introduced In House - Assigned to Agriculture, Livestock, & Water

Amendment

Senate Journal, March 19
After consideration on the merits, the Committee recommends that SB21-135 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 4, line 18, strike "OR".

Page 4, line 22, strike "RESEARCH." and substitute "RESEARCH; OR
(e) FOR THE SOLE PURPOSE OF A FILM, AS DEFINED IN SECTION
24-48.5-114 (1), OR A TELEVISION PRODUCTION, IF THE USE IN THE FILM OR
TELEVISION PRODUCTION DOES NOT INVOLVE A LIVE ANIMAL EXHIBITION OR
PERFORMANCE CONDUCTED BEFORE AN AUDIENCE OR INTERACTION WITH AN
AUDIENCE, THE PUBLIC, CLIENTS, OR CUSTOMERS.".

Page 4, after line 26 insert:

"(6) THIS SECTION DOES NOT PROHIBIT WORKING DOG TRIALS,
LIVESTOCK OR HORSE SHOWS, OR ANY OTHER EXHIBITION INVOLVING
LIVESTOCK.".


Judiciary





BILL SB21-136


Concerning the continuation of the forest health advisory council, and, in connection therewith, implementing the recommendation contained in the 2020 sunset report by the department of regulatory agencies to continue the advisory council and continuing it for five years.

Sunset Process - Senate Agriculture and Natural Resources Committee. The bill implements the recommendation of the department of regulatory agencies' sunset review and report to continue the forest health advisory council and continues it 5 years until 2026.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)



Status
3/1/2021 Introduced In Senate - Assigned to Agriculture & Natural Resources
3/11/2021 Senate Committee on Agriculture & Natural Resources Refer Unamended to Appropriations
4/1/2021 Senate Committee on Appropriations Refer Unamended - Consent Calendar to Senate Committee of the Whole
4/1/2021 Senate Second Reading Special Order - Passed - No Amendments
4/5/2021 Senate Third Reading Passed - No Amendments
4/5/2021 Introduced In House - Assigned to Agriculture, Livestock, & Water


BILL SB21-145


Concerning the extension of the period of time that voluntary contributions that are set to expire in 2021 will appear on the state individual tax return form.

The voluntary contribution to the Colorado healthy rivers fund, the Alzheimer's Association fund, the military family relief fund, the Colorado cancer fund, the Make-A-Wish Foundation of Colorado fund, and the unwanted horse fund are currently scheduled to appear on the state income tax return form for income tax years beginning on or after January 1, 2016, but prior to January 1, 2021. The bill reauthorizes the funds to remain on the form, so long as the funds meet the existing statutory requirement that a voluntary contribution fund must receive at least $50,000 in contributions each tax year.


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



Status
3/1/2021 Introduced In Senate - Assigned to Finance
3/8/2021 Senate Committee on Finance Refer Unamended - Consent Calendar to Senate Committee of the Whole
3/11/2021 Senate Second Reading Passed - No Amendments
3/12/2021 Senate Third Reading Passed - No Amendments
3/12/2021 Senate Third Reading Reconsidered - No Amendments
3/17/2021 Introduced In House - Assigned to Finance
4/1/2021 House Committee on Finance Refer Unamended to House Committee of the Whole
4/7/2021 House Second Reading Passed - No Amendments
4/8/2021 House Third Reading Passed - No Amendments


BILL SB21-164


Concerning the "Uniform Easement Relocation Act".

Colorado Commission on Uniform State Laws. The bill enacts the "Uniform Easement Relocation Act", drafted by the Uniform Law Commission. The bill sets procedures to relocate an easement established by express grant, reservation, prescription, implication, necessity, estoppel, or other method, but the procedures may not be used to relocate a public utility easement, conservation easement, or negative easement.

To relocate an easement, the relocation must not:

To obtain an order to relocate an easement, a servient estate owner must commence a civil action and serve a summons and petition on:

Service of a summons and petition is not required for the owner of real property interest in oil, gas, or minerals unless the interest includes an easement to facilitate oil, gas, or mineral development.

The petition must state:

At any time before the court renders a final order in the action, a person who was served may file a document to waive its rights to contest or obtain relief in connection with the relocation or subordinate its interests to the relocation. On filing of the document, the court may order that the person need not answer or participate further in the action.

A court order approving relocation of an easement must:

Before a servient estate owner proceeds with relocation of an easement, the owner must record, in the appropriate land records, a certified copy of the order.

The servient estate owner is responsible for reasonable expenses of relocation of an easement.

Each party to the civil action is obligated to act in good faith.

If an order requires building an improvement to relocate an easement, relocation is substantially complete, and the easement holder is able to use the moved easement, the servient estate owner is required to:

Until the affidavit is recorded and sent to the parties, the easement holder may use the easement in the current location, subject to any court's order approving relocation. If a court order does not require building an improvement, recording of the order constitutes relocation.

The bill clarifies that relocation of an easement:

A servient estate owner may not waive the right to relocate an easement. The bill should be interpreted in such a way as to promote uniformity among the states. The bill supersedes the federal "Electronic Signatures in Global and National Commerce Act" except for consumer disclosures. The changes apply to easements created before, on, or after the bill takes effect.


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



Status
3/2/2021 Introduced In Senate - Assigned to Agriculture & Natural Resources
3/18/2021 Senate Committee on Agriculture & Natural Resources Postpone Indefinitely


BILL SB21-170


Concerning standards applicable to cooperative electric association wildland fire mitigation, and, in connection therewith, requiring wildland fire protection plans, providing authority for vegetation management, and limiting cooperative electric association liability.

The bill requires a cooperative electric association (association) to adopt a wildland fire protection plan. The plan must include information on:

An association must file its wildland fire protection plan with the public utilities commission every 3 years and must submit an annual report to the commission detailing its compliance with the plan.

The bill allows, but does not require, an association to remove or partially remove vegetation outside of a powerline facility easement as necessary following a major weather event or other emergency situation. In addition, an association may designate vegetation as "hazard vegetation" if the association finds that the vegetation is dead, likely to fail, or likely to fall, sway, or grow into a powerline facility and finds that the vegetation is likely to cause substantial damage, disrupt service, or come within a minimum clearance distance of the powerline facility. An association may, but is not required to, remove or partially remove hazard vegetation outside of an easement after providing notice to the landowner. The association is not required to provide notice if removal of the hazard vegetation is necessary to continue safe operation of its facilities or if the removal is done as part of trimming or removing vegetation after a storm or other emergency event.

If vegetation outside of a powerline facility easement dies as the result of being trimmed or partially removed by an association, the landowner may request that the association remove the vegetation at the association's expense. The association is required to remove the vegetation within ninety days; except that the association may offer and the landowner may accept payment for the reasonable cost of removal instead of the association removing the vegetation.

An association is not liable for personal injury, property damage, or fire suppression costs resulting from a wildland fire if any of the following apply:

If none of those circumstances apply and an association is found liable for a wildland fire, the prevailing plaintiff is limited to actual damages and cannot recover noneconomic, punitive, or exemplary damages.


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



Status
3/2/2021 Introduced In Senate - Assigned to Transportation & Energy
4/6/2021 Senate Committee on Transportation & Energy Postpone Indefinitely


BILL SB21-176


Concerning protections for Colorado workers against discriminatory employment practices.

For purposes of addressing discriminatory or unfair employment practices pursuant to Colorado's anti-discrimination laws, the bill:



Status
3/8/2021 Introduced In Senate - Assigned to Judiciary
4/1/2021 Senate Committee on Judiciary Lay Over Amended


BILL SB21-189


Concerning the funding of Colorado water conservation board projects, and, in connection therewith, making an appropriation.

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

Section 5 directs the state treasurer to transfer up to $2,000,000 from the CWCB construction fund to the litigation fund on July 1, 2021.Section 6 authorizes the CWCB to make a loan in an amount up to $3,000,000 from the CWCB construction fund or the severance tax perpetual base fund to the Colorado Rio Grande Restoration Foundation in furtherance of the San Luis valley confined aquifer recovery project.Section 7 reinstates severance tax funding of the water efficiency grant program by authorizing a transfer of $550,000 in each state fiscal year commencing on or after July 1, 2021, from the grant program reserve of the severance tax operational fund, which reserve is part of the "tier 2" funding that is used only if the general assembly chooses not to spend 100% of the money in the operational fund on core departmental programs, to the water efficiency grant program cash fund. The reinstated funding is repealed on July 1, 2030, when the water efficiency grant program is scheduled to repeal.
(Note: This summary applies to this bill as introduced.)



Status
3/19/2021 Introduced In Senate - Assigned to Agriculture & Natural Resources
4/1/2021 Senate Committee on Agriculture & Natural Resources Refer Amended to Appropriations

Amendment

Senate Journal, April 5
After consideration on the merits, the Committee recommends that SB21-189 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 4, strike lines 26 and 27.

Page 5, strike lines 1 through 24 and substitute "project grant - appropriation.
(1) For the 2021-22 state fiscal year, $3,000,000 is appropriated to the
department of natural resources for use by the Colorado water conservation
board. This appropriation is from the Colorado water conservation board
construction fund created in section 37-60-121, C.R.S. To implement this
section, the Colorado water conservation board may use this appropriation to
make a grant to the Colorado Rio Grande Restoration Foundation to purchase
a farm and water rights in order to reduce groundwater pumping to help bring
the San Luis valley confined aquifer to sustainable levels.
(2) The money appropriated in subsection (1) of this section remains
available for the designated purposes until it is fully expended.".

Page 6, line 9, strike "2021," and substitute "2020,".


Agriculture &
Natural
Resources




BILL SB21-200


Concerning measures to further environmental protections, and, in connection therewith, adopting measures to reduce emissions of greenhouse gases and adopting protections for disproportionately impacted communities.

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:

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.)



Status
3/29/2021 Introduced In Senate - Assigned to Transportation & Energy


BILL SB21-202


Concerning a general fund transfer to the public school capital construction assistance fund for the purpose of providing grants for public school air quality improvement projects, and, in connection therewith, making an appropriation.

The bill transfers $10 million from the general fund to the public school capital construction assistance fund (assistance fund) for the purpose of providing "Building Excellent Schools Today Act" (BEST) grants to fund public school air quality improvement projects. The public school capital construction assistance board (board) is authorized to make the grants and is required to prioritize grant awards based on grant applicants' existing calculated local match requirements for BEST grants, with applicants with the lowest matching money requirements having the highest priority and applicants with the highest matching money requirements having the lowest priority. The board is also required to submit a report about the grants to the general assembly during the department of education's 2022 "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" presentation to legislative committees of reference. Notwithstanding the use of existing calculated local match requirements for grant prioritization purposes, the grants are exempted from existing matching money requirements for BEST grants. The bill makes an appropriation of $10 million from the assistance fund to the board.
(Note: This summary applies to this bill as introduced.)



Status
3/31/2021 Introduced In Senate - Assigned to Education


BILL SB21-220


Concerning the stabilization of revenue in the severance tax operational fund by returning money that was transferred to natural resources and energy grant programs.

Joint Budget Committee. Money in the severance tax operational fund (operational fund) is primarily used for 2 purposes. The general assembly annually appropriates money from the operational fund for several core departmental programs. If money remains after these appropriations and after a reserve requirement for the core departmental programs is satisfied, then the state treasurer transfers money to several funds that support natural resources and energy grant programs (grant programs). On August 15, 2020, the state treasurer made these transfers to the grant programs based on revenue that was available for the fiscal year 2019-20.

Based on recent forecasts, however, there will be insufficient revenue in the operational fund for the core departmental programs. To avoid a fund deficit in the operational fund, the bill reverses 5 transfers made in the following amounts:



Status
4/5/2021 Introduced In Senate - Assigned to Appropriations
4/6/2021 Senate Committee on Appropriations Refer Unamended - Consent Calendar to Senate Committee of the Whole
4/8/2021 Senate Second Reading Passed - No Amendments
4/9/2021 Senate Third Reading Passed - No Amendments
4/9/2021 Introduced In House - Assigned to Appropriations


BILL SB21-225


Concerning the repayment of cash funds from which money was transferred in 2020 for the purpose of augmenting the general fund.

Joint Budget Committee. In 2020, the general assembly enacted legislation to require the state treasurer to transfer money from the small communities water and wastewater grant fund and off-highway vehicle recreation fund to the general fund to offset the general fund revenue reduction related to the COVID-19 public health emergency.

The bill requires the state treasurer to repay those cash funds by transferring the following amounts from the general fund:



Status
4/5/2021 Introduced In Senate - Assigned to Appropriations
4/6/2021 Senate Committee on Appropriations Refer Unamended - Consent Calendar to Senate Committee of the Whole
4/8/2021 Senate Second Reading Passed - No Amendments
4/9/2021 Senate Third Reading Passed - No Amendments
4/9/2021 Introduced In House - Assigned to Appropriations


BILL SB21-234


Concerning creation of the agriculture and drought resiliency fund, and, in connection therewith, transferring money from the general fund to the fund and making an appropriation.

The bill creates the agriculture and drought resiliency fund and directs the state treasurer to transfer $3 million from the general fund to the fund. The department of agriculture will use the fund to engage in activities that promote the ability of the state to anticipate, prepare for, mitigate, adapt to, or respond to any event, trend, or climatological disturbance related to drought or climate. The fund is repealed, effective September 1, 2022.
(Note: This summary applies to this bill as introduced.)



Status
4/6/2021 Introduced In Senate - Assigned to Agriculture & Natural Resources


BILL SB21-237


Concerning creation of the Colorado forest health council in the department of natural resources, and, in connection therewith, repealing the forest health advisory council within the state forest service.

Under current law, the forest health advisory council was created within the state forest service, which is within Colorado state university. Section 4 of the bill repeals the forest health advisory council and section 2 creates the Colorado forest health council within the division of forestry within the department of natural resources and specifies the new council's membership and duties. Section 1 schedules the new council for sunset review in 2026.
(Note: This summary applies to this bill as introduced.)



Status
4/6/2021 Introduced In Senate - Assigned to Agriculture & Natural Resources