Calendar Notification of Your Bill Dossier

Bill HB21-1260 - A. Garnett | M. Catlin / K. Donovan | C. Simpson General Fund Transfer Implement State Water Plan
   Tuesday, June 8 2021
   CONSIDERATION OF SENATE AMENDMENTS TO HOUSE BILLS
   (18) in house calendar.

Bill HB21-1266 - D. Jackson | M. Weissman / F. Winter | J. Buckner Environmental Justice Disproportionate Impacted Community
   Tuesday, June 8 2021
   THIRD READING OF BILLS - FINAL PASSAGE
   (5) in senate calendar.

Bill SB21-240 - J. Danielson | C. Simpson / C. Kipp | M. Catlin Watershed Restoration Grant Program Stimulus
   Tuesday, June 8 2021
   THIRD READING OF BILLS - FINAL PASSAGE
   (4) in house calendar.

Bill HB21-1008 - NOT ON CALENDAR

Bill HB21-1043 - NOT ON CALENDAR

Bill HB21-1046 - NOT ON CALENDAR

Bill HB21-1105 - NOT ON CALENDAR

Bill HB21-1168 - NOT ON CALENDAR

Bill HB21-1181 - NOT ON CALENDAR

Bill HB21-1226 - NOT ON CALENDAR

Bill HB21-1233 - NOT ON CALENDAR

Bill HB21-1242 - NOT ON CALENDAR

Bill HB21-1268 - NOT ON CALENDAR

Bill HB21-1292 - 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 SB21-135 - NOT ON CALENDAR

Bill SB21-136 - 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 SB21-200 - NOT ON CALENDAR

Bill SB21-202 - 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 SB21-249 - NOT ON CALENDAR

Bill SB21-258 - NOT ON CALENDAR

Bill SB21-262 - NOT ON CALENDAR

Bill SB21-281 - NOT ON CALENDAR


BILL HB21-1008



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



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


The act also adds to the definition of "forest health project" management actions that improve the ecological health of a forest or reduce the threat of forest disease epidemics or high-intensity wildfires, 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: This summary applies to this bill as enacted.)



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
4/15/2021 Senate Committee on Agriculture & Natural Resources Refer Unamended - Consent Calendar to Senate Committee of the Whole
4/20/2021 Senate Second Reading Passed - No Amendments
4/21/2021 Senate Third Reading Passed - No Amendments
5/11/2021 Sent to the Governor
5/11/2021 Signed by the President of the Senate
5/11/2021 Signed by the Speaker of the House
5/20/2021 Governor Signed

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
6/15/2021 House Committee on Appropriations Lay Over Unamended - Amendment(s) Failed

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 act clarifies that, subject to the articles of incorporation and bylaws of the corporation:


The act specifies that it is not intended to prevent a stockholder from changing the use of the water rights represented by the stockholder's shares, create any impediments to changes in use, affect storage water rights, or change the standards for water court approval to change a water right.

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



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
4/15/2021 Senate Committee on Agriculture & Natural Resources Refer Unamended - Consent Calendar to Senate Committee of the Whole
4/20/2021 Senate Second Reading Passed - No Amendments
4/21/2021 Senate Third Reading Passed - No Amendments
4/21/2021 Senate Third Reading Reconsidered - No Amendments
5/11/2021 Sent to the Governor
5/11/2021 Signed by the Speaker of the House
5/11/2021 Signed by the President of the Senate
5/20/2021 Governor Signed

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 act authorizes the department of human services (department) to make fuel assistance payments to supplemental nutrition assistance program recipients to maximize their federal heating and cooling standard utility allowance. Money for the fuel assistance payments comes from a portion of the money collected from the energy assistance system benefit charge (charge), which is a monthly charge that investor-owned electric and gas utilities are required to collect from their customers. Money for the fuel assistance payments is credited to the supplemental utility assistance fund, which fund is continuously appropriated to the department.

Section 2 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 3 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 department's income eligibility criteria.

Sections 4 and 5 make modifications to the legislative commission on low-income energy assistance, wherein section 4 expands the commission's scope to include water utility assistance and section 5 reduces the composition of the commission from 11 members to 7 members. Section 5 moves the commission from the department to the Colorado energy office (office) on May 1, 2022. Section 5 also requires the commission to:


Section 6 updates the legislative declaration regarding low-income energy assistance with regard to the benefit of allowing all water utilities to participate voluntarily in a program to provide financial assistance to customers in low-income households.

Sections 7, 8, and 10 to 12 concern the creation of the charge. From October 2021 through September 2022, the initial amount of the charge per customer is 50 cents for electric service provided and 50 cents for natural gas service provided, and, after September 2022, each is raised to 75 cents. Commencing October 1, 2023, the charge is adjusted for inflation. Investor-owned utilities are required to remit the charges collected to EOC to help finance low-income energy assistance programs. Additionally, each investor-owned utility is required to notify customers of:


EOC is required to allocate a portion of the money collected from the charge to the department for its fuel assistance payments and use another portion for EOC's community outreach about the charge, with the remainder of the money collected split between EOC and the office for helping to finance their energy assistance programs.

Sections 9 and 13 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 14 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 15 governs reporting requirements for EOC and the office regarding use of the money collected from the charge and, for EOC, additional reporting requirements on voluntary, opt-in monthly water utility bill payment assistance collections.

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



Status
2/16/2021 Introduced In House - Assigned to Finance
3/29/2021 House Committee on Finance Refer Amended to Appropriations
5/14/2021 House Committee on Appropriations Refer Amended to House Committee of the Whole
5/17/2021 House Second Reading Laid Over Daily - No Amendments
5/18/2021 House Second Reading Passed with Amendments - Committee, Floor
5/19/2021 House Third Reading Passed - No Amendments
5/19/2021 Introduced In Senate - Assigned to Finance
5/25/2021 Senate Committee on Finance Refer Amended to Appropriations
5/28/2021 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
5/28/2021 Senate Second Reading Special Order - Passed with Amendments - Committee, Floor
6/1/2021 Senate Third Reading Passed - No Amendments
6/2/2021 House Considered Senate Amendments - Result was to Laid Over Daily
6/7/2021 House Considered Senate Amendments - Result was to Concur - Repass
6/22/2021 Sent to the Governor
6/22/2021 Signed by the Speaker of the House
6/22/2021 Signed by the President of the Senate
7/7/2021 Signed by Governor
7/7/2021 Governor Signed

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

House Journal, May 14
6 HB21-1105 be amended as follows, and as so amended, be referred to
7 the Committee of the Whole with favorable
8 recommendation:
9
10 Amend the Finance Committee Report, dated March 29, 2021, page 1,
11 strike lines 6 through 20 and substitute "established - definitions -
12 repeal. (1) (a) ON AND AFTER OCTOBER 1, 2023, THE STATE DEPARTMENT
13 SHALL IMPLEMENT A PROGRAM TO MAKE FUEL ASSISTANCE PAYMENTS BY
14 CREDITING THE FUEL ASSISTANCE PAYMENTS TO RECIPIENTS' ELECTRONIC
15 BENEFITS TRANSFER SERVICE CARDS.
16 (b) EXCEPT AS PROVIDED IN SUBSECTIONS (1)(c) AND (1)(d) OF
17 THIS SECTION:
18 (I) THE STATE DEPARTMENT SHALL MAKE THE FUEL ASSISTANCE
19 PAYMENTS TO ELIGIBLE HOUSEHOLDS THAT RECEIVE SNAP BENEFITS BUT
20 THAT ARE NOT ELIGIBLE FOR ASSISTANCE UNDER LEAP IN ORDER TO
21 QUALIFY THOSE HOUSEHOLDS FOR THE STANDARD UTILITY ALLOWANCE TO
22 MAXIMIZE THEIR SNAP BENEFITS;
23 (II) TO HELP THE STATE DEPARTMENT MAXIMIZE THE NUMBER OF
24 HOUSEHOLDS THAT ARE RECEIVING BOTH THE SNAP AND LEAP BENEFITS
25 AND FACILITATE THE IDENTIFICATION OF THOSE HOUSEHOLDS THAT
26 RECEIVE SNAP BENEFITS AND QUALIFY FOR THE FUEL ASSISTANCE
27 PAYMENTS, THE STATE DEPARTMENT SHALL DEVELOP A DATABASE
28 CONNECTION BETWEEN THE LEAP ELIGIBILITY SYSTEM AND THE
29 COLORADO BENEFITS MANAGEMENT SYSTEM;
30 (III) THE STATE DEPARTMENT MAY SEEK, ACCEPT, AND EXPEND
31 OUTSIDE FUNDS TO FINANCE ITS WORK TO DEVELOP THE DATABASE
32 CONNECTION. THE STATE DEPARTMENT SHALL TRANSMIT ANY OUTSIDE
33 FUNDS RECEIVED PURSUANT TO THIS SUBSECTION (1)(b)(III) TO THE STATE
34 TREASURER WHO SHALL CREDIT THE OUTSIDE FUNDS TO THE FUND.
35 (IV) THE STATE DEPARTMENT SHALL USE OUTSIDE FUNDS
36 RECEIVED TO PROCESS THE EBT CARD PAYMENTS AND FOR OTHER
37 ADMINISTRATIVE COSTS INCURRED IN IMPLEMENTING THE PROGRAM. IF
38 INSUFFICIENT FUNDS ARE AVAILABLE TO COVER THE ADMINISTRATIVE
39 COSTS, THE STATE DEPARTMENT SHALL REQUEST THAT THE ORGANIZATION
40 ALLOCATE, AS PART OF ITS BUDGET PREPARED PURSUANT TO SECTION
41 40-8.7-108 (3), MONEY TO THE STATE DEPARTMENT FROM THE ENERGY
42 ASSISTANCE SYSTEM BENEFIT CHARGE COLLECTED PURSUANT TO SECTION
43 40-8.7-104 (2.5) FOR THIS PURPOSE.
44 (V) ON OR BEFORE JULY 1, 2023, AND ON OR BEFORE JULY 1 OF
45 EACH YEAR THEREAFTER, THE STATE DEPARTMENT SHALL SUBMIT A
46 BUDGET TO THE ORGANIZATION AND THE COMMISSION TO INCLUDE THE
47 STATE DEPARTMENT'S ADMINISTRATIVE COSTS TO IMPLEMENT THE
48 PROGRAM AND THE PROJECTED NUMBER OF ELIGIBLE HOUSEHOLDS THAT
49 THE STATE DEPARTMENT IDENTIFIES AS RECEIVING SNAP BENEFITS BUT
50 THAT ARE NOT ELIGIBLE FOR ASSISTANCE UNDER LEAP INCLUDING AN
51 ESTIMATED NUMBER OF NEW SNAP CASES THAT THE STATE DEPARTMENT
52 WILL APPROVE DURING THE UPCOMING FEDERAL FISCAL YEAR. BASED ON
53 THE BUDGET THAT THE STATE DEPARTMENT SUBMITS, THE ORGANIZATION
54 SHALL CALCULATE THE AMOUNT OF MONEY FROM THE ENERGY
55 ASSISTANCE SYSTEM BENEFIT CHARGE COLLECTED PURSUANT TO SECTION
1 40-8.7-104 (2.5) THAT IT ALLOCATES AS PART OF ITS BUDGET PREPARED
2 PURSUANT TO SECTION 40-8.7-108 (3) FOR USE BY THE STATE
3 DEPARTMENT TO MAKE FUEL ASSISTANCE PAYMENTS AND TO IMPLEMENT
4 THE PROGRAM.
5 (c) IF, BY JANUARY 1, 2022, THE STATE DEPARTMENT DOES NOT
6 RECEIVE OUTSIDE FUNDS PURSUANT TO SUBSECTION (1)(b)(III) OF THIS
7 SECTION OR DOES NOT RECEIVE SUFFICIENT OUTSIDE FUNDS TO DEVELOP
8 THE DATABASE CONNECTION, THE STATE DEPARTMENT SHALL NOTIFY THE
9 JOINT TECHNOLOGY COMMITTEE CREATED IN SECTION 2-3-1702 THAT
10 OUTSIDE FUNDS WERE NOT RECEIVED OR THAT INSUFFICIENT OUTSIDE
11 FUNDS WERE RECEIVED.
12 (d) IF INSUFFICIENT OUTSIDE FUNDS TO DEVELOP THE DATABASE
13 CONNECTION ARE RECEIVED BY JANUARY 1, 2022, THE STATE
14 DEPARTMENT NEED NOT COMMENCE WORK ON DEVELOPING THE
15 DATABASE CONNECTION PURSUANT TO SUBSECTION (1)(b)(II) OF THIS
16 SECTION, BUT SHALL:
17 (I) MAKE THE FUEL ASSISTANCE PAYMENTS TO ALL HOUSEHOLDS
18 THAT RECEIVE SNAP BENEFITS;
19 (II) USE ANY OUTSIDE FUNDS RECEIVED TO HELP COVER ITS COSTS
20 TO PROCESS THE EBT CARD PAYMENTS; AND
21 (III) ON OR BEFORE JULY 1, 2023, AND ON OR BEFORE JULY 1 OF
22 EACH YEAR THEREAFTER, SUBMIT A BUDGET TO THE ORGANIZATION AND
23 THE COMMISSION TO INCLUDE THE STATE DEPARTMENT'S ANTICIPATED
24 ADMINISTRATIVE COSTS TO IMPLEMENT THE PROGRAM AND THE
25 PROJECTED NUMBER OF HOUSEHOLDS THAT THE STATE DEPARTMENT
26 IDENTIFIES AS RECEIVING SNAP BENEFITS, INCLUDING AN ESTIMATED
27 NUMBER OF NEW SNAP CASES THAT THE STATE DEPARTMENT WILL
28 APPROVE DURING THE UPCOMING FEDERAL FISCAL YEAR. BASED ON THE
29 BUDGET THAT THE STATE DEPARTMENT SUBMITS, THE ORGANIZATION
30 SHALL CALCULATE THE AMOUNT OF MONEY FROM THE ENERGY
31 ASSISTANCE SYSTEM BENEFIT CHARGE COLLECTED PURSUANT TO SECTION
32 40-8.7-104 (2.5) THAT IT ALLOCATES AS PART OF ITS BUDGET PREPARED
33 PURSUANT TO SECTION 40-8.7-108 (3) FOR USE BY THE STATE
34 DEPARTMENT:
35 (A) TO MAKE FUEL ASSISTANCE PAYMENTS; AND
36 (B) UNLESS THE STATE DEPARTMENT RECEIVED SUFFICIENT
37 OUTSIDE FUNDS TO COVER ALL OF ITS ADMINISTRATIVE COSTS FOR
38 IMPLEMENTING THE PROGRAM, TO COVER ITS COSTS TO PROCESS THE EBT
39 CARD PAYMENTS AND OTHER ADMINISTRATIVE COSTS AND TO IMPLEMENT
40 THE PROGRAM.
41 (e) IF, AFTER JANUARY 1, 2022, THE STATE DEPARTMENT RECEIVES
42 SUFFICIENT OUTSIDE FUNDS FOR THE PURPOSE OF DEVELOPING THE
43 DATABASE CONNECTION, THE STATE DEPARTMENT SHALL, AS SOON AS
44 PRACTICABLE, DEVELOP THE DATABASE CONNECTION AND TRANSITION TO
45 IMPLEMENTING THE PROGRAM IN ACCORDANCE WITH SUBSECTION (1)(b)
46 OF THIS SECTION.".
47
48 Page 2 of the report, strike lines 14 through 18 and substitute:
49
50 "(b) "ELECTRONIC BENEFITS TRANSFER SERVICE" OR "EBT" MEANS
51 THE SERVICE THAT THE STATE DEPARTMENT IMPLEMENTS PURSUANT TO
52 SECTION 26-2-104 (2) TO ADMINISTER THE DELIVERY OF PUBLIC
53 ASSISTANCE PAYMENTS AND FOOD STAMPS TO RECIPIENTS.
54
1 (c) "FUEL ASSISTANCE PAYMENT" MEANS AN ANNUAL PAYMENT
2 THAT, WHEN MADE TO AN ELIGIBLE HOUSEHOLD IDENTIFIED PURSUANT TO
3 SUBSECTION (1) OF THIS SECTION, MAKES THAT HOUSEHOLD ELIGIBLE TO
4 RECEIVE THE STANDARD UTILITY ALLOWANCE.
5 (d) "LEAP" MEANS THE LOW-INCOME ENERGY ASSISTANCE
6 PROGRAM SPECIFIED IN SECTION 26-2-122.5.".
7
8 Reletter succeeding paragraph accordingly.
9
10 Page 2 of the report, strike line 20 and substitute:
11
12 "40-8.7-103 (4).
13 (f) "OUTSIDE FUNDS" MEANS:
14 (I) FEDERAL FUNDS; OR
15 (II) GIFTS, GRANTS, OR DONATIONS FROM PUBLIC OR PRIVATE
16 SOURCES.
17 (g) "PROGRAM" MEANS THE FUEL ASSISTANCE PAYMENT PROGRAM
18 IMPLEMENTED UNDER SUBSECTION (1)(a) OF THIS SECTION.
19 (h) "SNAP" MEANS THE SUPPLEMENTAL NUTRITION ASSISTANCE
20 PROGRAM ESTABLISHED PURSUANT TO THIS PART 3.
21 (i) "STANDARD UTILITY ALLOWANCE" MEANS THE HEATING AND
22 COOLING STANDARD UTILITY ALLOWANCE AUTHORIZED IN THE FEDERAL
23 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM REGULATIONS
24 PROMULGATED BY THE FOOD AND NUTRITION SERVICE IN THE UNITED
25 STATES DEPARTMENT OF AGRICULTURE.".".
26
27 Page 2 of the report, strike line 36.
28
29 Page 3 of the report, strike line 1 and 2 and substitute:
30
31 "Page 4 of the printed bill, strike lines 5 through 7 and substitute:
32
33 "40-8.5-103.5 Commission created - duties - repeal.
34 (1) (a) (I) There is created the legislative commission on low-income
35 energy AND WATER assistance.
36 (II) THIS SUBSECTION (1)(a) IS REPEALED, EFFECTIVE MAY 1, 2022.
37 (b) COMMENCING MAY 1, 2022, THERE IS CREATED THE
38 LEGISLATIVE COMMISSION ON LOW-INCOME ENERGY AND WATER
39 ASSISTANCE IN THE COLORADO ENERGY OFFICE. THE COLORADO ENERGY
40 OFFICE SHALL STAFF THE COMMISSION AS NEEDED.".".
41
42 Page 4 of the report, line 23, strike ""rules - repeal."." and substitute
43 ""repeal.".".
44
45 Page 5 of the report, strike lines 16 through 18 and substitute:
46
47 "(2) EACH INVESTOR-OWNED UTILITY SHALL USE THE MOST
48 COST-EFFECTIVE METHOD FOR IMPLEMENTING THE PROGRAM.".".
49
50 Page 6 of the report, strike lines 15 through 20 and substitute:
51
52 "Page 14 of the bill, strike line 4 and substitute:
53
54
1 "(3) (a) (I) SUBJECT TO THE ALLOCATION REQUIREMENTS SET
2 FORTH IN SUBSECTION (3)(a)(II) OF THIS SECTION, the organization shall,
3 on an annual basis, develop a budget".
4
5 Page 14 of the bill, line 9, after the period insert "TO IMPROVE AND
6 INCREASE ENROLLMENT IN THE UTILITY ASSISTANCE PROGRAMS, THE
7 BUDGET MUST INCLUDE AN ALLOCATION OF AT LEAST TWO PERCENT OF
8 THE MONEY COLLECTED FROM THE CHARGE TO BE USED TO ENGAGE THE
9 ASSISTANCE OF COMMUNITY-BASED ORGANIZATIONS THAT ARE ACTIVE IN
10 OUTREACH TO, ENGAGEMENT OF, AND EDUCATION FOR, INCOME-QUALIFIED
11 COMMUNITIES, COMMUNITIES OF COLOR, AND IMMIGRANT COMMUNITIES
12 TO HELP PROVIDE OUTREACH AND EDUCATION ABOUT THE UTILITY
13 ASSISTANCE PROGRAMS.".
14
15 Page 14 of the bill, after line 11 insert:
16
17 "(II) ONCE THE ORGANIZATION BEGINS ALLOCATING AN AMOUNT
18 OF THE MONEY COLLECTED FROM THE ENERGY ASSISTANCE SYSTEM
19 BENEFIT CHARGE TO BE CREDITED TO THE SUPPLEMENTAL UTILITY
20 ASSISTANCE FUND CREATED IN SECTION 26-2-307 (2)(a), THE
21 ORGANIZATION SHALL ALLOCATE FROM THE REMAINING AMOUNT OF THE
22 MONEY COLLECTED FROM THE ENERGY ASSISTANCE SYSTEM BENEFIT
23 CHARGE:
24 (A) NOT MORE THAN FIFTY PERCENT TO DIRECT UTILITY BILL
25 PAYMENT ASSISTANCE; AND
26 (B) AT LEAST TWO PERCENT TO BE USED TO ENGAGE THE
27 ASSISTANCE OF COMMUNITY-BASED ORGANIZATIONS THAT ARE ACTIVE IN
28 OUTREACH TO, ENGAGEMENT OF, AND EDUCATION FOR, INCOME-QUALIFIED
29 COMMUNITIES, COMMUNITIES OF COLOR, AND IMMIGRANT COMMUNITIES
30 TO HELP PROVIDE OUTREACH AND EDUCATION ABOUT THE UTILITY
31 ASSISTANCE PROGRAMS.
32 (b) AS PART OF THE BUDGET DEVELOPED PURSUANT TO".".
33
34 Page 7 of the report, after line 3 insert:
35
36 "Page 19 of the bill, after line 17 insert:
37
38 "SECTION 18. Appropriation. (1) For the 2021-22 state fiscal
39 year, $395,037 is appropriated to the department of human services. This
40 appropriation is from the general fund. To implement this act, the
41 department may use this appropriation as follows:
42 (a) $246,200 for use by the office of information technology
43 services for operating and contract expenses related to the Colorado
44 benefits management system; and
45 (b) $148,837 for use by the office of self sufficiency for the low
46 income energy assistance program, which amount is based on an
47 assumption that the office will require an additional 1.4 FTE.
48 (3) For the 2021-22 state fiscal year, $27,709 is appropriated to
49 the office of the governor for use by the Colorado energy office. This
50 appropriation is from the energy outreach Colorado low-income energy
51 assistance fund created in section 40-8.7-112 (2)(a)(I), C.R.S., and is
2 52 based on an assumption that the office will require an additional 0.
53 FTE.".
54
55 Renumber succeeding section accordingly.
1 Page 1 of the bill, line 102, strike "ASSISTANCE." and substitute
2 "ASSISTANCE, AND, IN CONNECTION THEREWITH, MAKING AN
3 APPROPRIATION.".".
4
5

House Journal, May 18
35 Amendment No. 1, Appropriations Report, dated May 14, 2021, and
36 placed in member's bill file; Report also printed in House Journal, May
37 14, 2021.
38
39 Amendment No. 2, Finance Report, dated March 29, 2021, and placed in
40 member's bill file; Report also printed in House Journal, March 30, 2021.
41
42 Amendment No. 3, by Representative Kennedy.
43
44 Amend the Appropriations Committee Report, dated May 14, 2021, page
45 1, line 3, strike "OCTOBER 1, 2023," and substitute "JANUARY 1, 2024,".
46
47 Page 1, line 11 strike "ARE NOT ELIGIBLE FOR" and substitute "DO NOT
48 RECEIVE".
49
50 Page 2, line 17, strike "ARE NOT ELIGIBLE FOR" and substitute "ARE NOT
51 RECEIVING".
52
53 Page 3, strike line 27 and substitute "OF THIS SECTION.
54
1 (f) ON OR BEFORE JANUARY 1, 2022, THE ORGANIZATION SHALL
2 TRANSMIT TWO HUNDRED FORTY-SIX THOUSAND DOLLARS FROM THE
3 ENERGY ASSISTANCE SYSTEM BENEFIT CHARGE COLLECTED PURSUANT TO
4 SECTION 40-8.7-104 (2.5) TO THE STATE TREASURER WHO SHALL CREDIT
5 THE MONEY TO THE FUND FOR USE BY THE STATE DEPARTMENT TO COVER
6 ITS COMPUTER PROGRAMMING COSTS FOR IMPLEMENTING THE PROCESSING
7 OF THE EBT CARD PAYMENTS.".".
8
9 Page 5, line 4, strike "SUBSECTION (3)(a)(II)" and substitute
10 "SUBSECTIONS (3)(a)(II) AND (3)(a)(III)".
11
12 Page 5, strike lines 15 through 30 and substitute:
13
14 "Page 14 of the bill, after line 11 insert:
15
16 "(II) SUBJECT TO SUBSECTION (3)(a)(IV) OF THIS SECTION, BEFORE
17 THE ORGANIZATION BEGINS ALLOCATING AN AMOUNT OF THE MONEY
18 COLLECTED FROM THE ENERGY ASSISTANCE SYSTEM BENEFIT CHARGE TO
19 BE CREDITED TO THE SUPPLEMENTAL UTILITY ASSISTANCE FUND CREATED
20 IN SECTION 26-2-307 (2)(a), THE ORGANIZATION, AFTER ALLOCATING AT
21 LEAST TWO PERCENT OF THE MONEY COLLECTED TO COMMUNITY
22 OUTREACH AS DESCRIBED IN SUBSECTION (3)(a)(I) OF THIS SECTION,
23 SHALL:
24 (A) IF THE PROJECTED AMOUNT COLLECTED IN THE FEDERAL
25 FISCAL YEAR, AS DETERMINED BY THE ORGANIZATION BY APRIL 30, WILL
26 NOT EXCEED TEN MILLION DOLLARS, ALLOCATE FORTY PERCENT TO THE
27 COLORADO ENERGY OFFICE CREATED IN SECTION 24-38.5-101 FOR ITS
28 WEATHERIZATION ASSISTANCE PROGRAM AND RETAIN FORTY-FIVE
29 PERCENT FOR THE ORGANIZATION'S ENERGY ASSISTANCE PROGRAMS, WITH
30 THE LEGISLATIVE COMMISSION ON LOW-INCOME ENERGY AND WATER
31 ASSISTANCE, REFERRED TO IN THIS SUBSECTION (3)(a) AS THE
32 "LEGISLATIVE COMMISSION", DETERMINING THE ALLOCATION OF THE
33 REMAINING MONEY BETWEEN THE TWO ENTITIES PURSUANT TO ITS
34 BUDGET APPROVAL AUTHORITY UNDER SECTION 40-8.5-103.5 (6)(c); AND
35 (B) IF THE PROJECTED AMOUNT COLLECTED IN THE FEDERAL
36 FISCAL YEAR, AS DETERMINED BY THE ORGANIZATION BY APRIL 30, WILL
37 EXCEED TEN MILLION DOLLARS, ALLOCATE FORTY-FIVE PERCENT TO THE
38 COLORADO ENERGY OFFICE FOR ITS WEATHERIZATION ASSISTANCE
39 PROGRAM AND RETAIN FORTY-FIVE PERCENT FOR THE ORGANIZATION'S
40 ENERGY ASSISTANCE PROGRAMS, WITH THE LEGISLATIVE COMMISSION
41 DETERMINING THE ALLOCATION OF THE REMAINING MONEY BETWEEN THE
42 TWO ENTITIES PURSUANT TO ITS BUDGET APPROVAL AUTHORITY.
43 (III) SUBJECT TO SUBSECTION (3)(a)(IV) OF THIS SECTION, ONCE
44 THE ORGANIZATION BEGINS ALLOCATING AN AMOUNT OF THE MONEY
45 COLLECTED FROM THE ENERGY ASSISTANCE SYSTEM BENEFIT CHARGE TO
46 BE CREDITED TO THE SUPPLEMENTAL UTILITY ASSISTANCE FUND CREATED
47 IN SECTION 26-2-307 (2)(a), THE ORGANIZATION, AFTER ALLOCATING
48 MONEY FOR THE SUPPLEMENTAL UTILITY ASSISTANCE FUND AND FOR
49 COMMUNITY OUTREACH AS DESCRIBED IN SUBSECTION (3)(a)(I) OF THIS
50 SECTION, SHALL:
51 (A) IF THE PROJECTED AMOUNT COLLECTED IN THE FEDERAL
52 FISCAL YEAR, AS DETERMINED BY THE ORGANIZATION BY APRIL 30, WILL
53 NOT EXCEED TEN MILLION DOLLARS, ALLOCATE FORTY PERCENT TO THE
54 COLORADO ENERGY OFFICE FOR ITS WEATHERIZATION ASSISTANCE
55 PROGRAM AND RETAIN FORTY-FIVE PERCENT FOR THE ORGANIZATION'S
1 ENERGY ASSISTANCE PROGRAMS, WITH THE LEGISLATIVE COMMISSION
2 DETERMINING THE ALLOCATION OF THE REMAINING MONEY BETWEEN THE
3 TWO ENTITIES PURSUANT TO ITS BUDGET APPROVAL AUTHORITY UNDER
4 SECTION 40-8.5-103.5 (6)(c); AND
5 (B) IF THE PROJECTED AMOUNT COLLECTED IN THE FEDERAL
6 FISCAL YEAR, AS DETERMINED BY THE ORGANIZATION BY APRIL 30, WILL
7 EXCEED TEN MILLION DOLLARS, ALLOCATE FORTY-FIVE PERCENT TO THE
8 COLORADO ENERGY OFFICE FOR ITS WEATHERIZATION ASSISTANCE
9 PROGRAM AND RETAIN FORTY-FIVE PERCENT FOR THE ORGANIZATION'S
10 ENERGY ASSISTANCE PROGRAMS, WITH THE LEGISLATIVE COMMISSION
11 DETERMINING THE ALLOCATION OF THE REMAINING MONEY BETWEEN THE
12 TWO ENTITIES PURSUANT TO ITS BUDGET APPROVAL AUTHORITY.
13 (IV) IF ANY MONEY ALLOCATED TO THE COLORADO ENERGY
14 OFFICE OR RETAINED BY THE ORGANIZATION IS NOT EXPENDED IN THE
15 YEAR FOR WHICH IT WAS ALLOCATED, THE LEGISLATIVE COMMISSION MAY
16 TAKE THAT UNEXPENDED MONEY INTO CONSIDERATION IN ALLOCATING
17 MONEY IN THE FOLLOWING YEAR'S BUDGET PURSUANT TO THIS
18 SUBSECTION (3)(a).".".
19
20 Page 5 of the report, after line 31 insert:
21
22 "Page 6 of the Finance Committee Report, after line 26 insert:
23
24 "Page 15 of the bill, line 26, strike "(2)" and substitute "(2); and add (4)".
25
26 Page 6 of the Finance Committee Report, after line 29 insert:
27
28 "Page 17 of the bill, after line 10 insert:
29
30 "(4) NOTWITHSTANDING SECTION 24-1-136 (11)(a)(I), THE
31 COLORADO ENERGY OFFICE SHALL SUBMIT A WRITTEN REPORT TO THE
32 GENERAL ASSEMBLY, THE LEGISLATIVE AUDIT COMMITTEE, AND THE
33 OFFICE OF THE STATE AUDITOR ON OR BEFORE MARCH 31 OF EACH YEAR
34 COVERING THE IMMEDIATELY PRECEDING CALENDAR YEAR. THE REPORT
35 MUST INCLUDE AN ITEMIZED ACCOUNT OF THE MONEY THAT THE OFFICE
36 RECEIVED FROM THE ENERGY ASSISTANCE SYSTEM BENEFIT CHARGE
37 COLLECTED PURSUANT TO SECTION 40-8.7-104 (2.5) FOR USE FOR ITS
38 WEATHERIZATION ASSISTANCE PROGRAM, INCLUDING INFORMATION ON
39 THE AMOUNT OF MONEY DISTRIBUTED, THE TYPE OF ASSISTANCE
40 PROVIDED, AND THE GEOGRAPHIC AREAS OF THE STATE SERVED. THE
41 OFFICE SHALL POST THE REPORT ON ITS PUBLIC WEBSITE.".".".
42
43 Amendment No. 4, by Representative Kennedy.
44
45 Amend the Finance Committee Report, dated March 29, 2021, page 3,
46 line 7, after "ALTHOUGH" insert "MUNICIPAL AND SPECIAL DISTRICT".
47
48 Page 3, line 8, after "ALLOWING" insert "ALL".
49
50 Amendment No. 5, by Representative Kennedy.
51
52 Amend the Finance Committee Report, dated March 29, 2021, page 6,
53 after line 29 insert:
54
55
1 "Page 19 of the bill, line 2, strike "(2)(a)(I)" and substitute "(1), (2)(a)(I),
2 and (3)(a).".
3
4 Page 19 of the bill, strike line 7 and substitute:
5 "(1) There is hereby created in the state treasury the department
6 of human services low-income energy assistance fund, which shall be
7 administered by the department of human services. and shall consist of all
3 8 moneys transferred by the treasurer as specified in section 39-29-109.
9 (2)(f), C.R.S. All moneys ALL MONEY in the fund are IS continuously
10 appropriated to the department of human services for the purpose of
11 increasing available funds under the low-income energy assistance
12 program specified in section 26-1-109. C.R.S. All moneys ALL MONEY
13 in the fund at the end of each fiscal year shall be retained REMAINS in the
14 fund and shall DOES not revert to the general fund or any other fund.
15 (2) (a) (I) There is hereby created in the state treasury the energy".
16
17 Page 19 of the bill, after line 17 insert:
18 "(3) (a) There is hereby created in the state treasury the Colorado
19 energy office low-income energy assistance fund, which shall be
20 administered by the Colorado energy office and shall consist of all
3 21 moneys transferred by the treasurer as specified in section 39-29-109.
22 (2)(f), C.R.S., all moneys ALL MONEY transferred to the fund, all moneys
23 ALL MONEY received as a result of contracts entered into by the Colorado
24 energy office for the office's program to improve the home energy
25 efficiency of low-income households, and all moneys ALL MONEY
26 received by the Colorado energy office from gifts, grants, and donations
27 for the office's program to improve the home energy efficiency of
28 low-income households. All moneys MONEY in the fund are IS
29 continuously appropriated to the Colorado energy office to be used for the
30 purposes set forth in this subsection (3). All moneys MONEY in the fund
31 at the end of each fiscal year shall be retained REMAINS in the fund and
32 shall DOES not revert to the general fund or any other fund."."
33
34 Amendment No. 6, by Representative Holtorf.
35
36 Amend printed bill, page 14, line 3, strike "principles." and substitute
37 "principles; HOWEVER, THE ORGANIZATION SHALL NOT USE ANY MONEY
38 COLLECTED FROM THE ENERGY ASSISTANCE SYSTEM BENEFIT CHARGE TO
39 PAY EMPLOYEE SALARIES OR BONUSES.".
40
41 As amended, ordered engrossed and placed on the Calendar for Third
42 Reading and Final Passage.
43

Senate Journal, May 28
After consideration on the merits, the Committee recommends that HB21-1105 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 32, strike lines 1 through 15.
Renumber succeeding section accordingly.

Page 1, line 102, strike "ASSISTANCE, AND, IN CONNECTION" and substitute
"ASSISTANCE.".

Page 1, strike line 103.


Appro-
priations

Senate Journal, May 28
HB21-1105 by Representative(s) Kennedy; also Senator(s) Hansen and Priola--Concerning utility
customers' financial contributions for low-income utility assistance.

Amendment No. 1, Finance Committee Amendment.
(Printed in Senate Journal, May 25, page(s) 1115 and placed in members' bill files.)

Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, May 28, page(s) 1197-1198 and placed in members' bill files.)

Amendment No. 3(L.027), by Senator Hansen.

Amend reengrossed bill, page 15, line 17, strike "SUBSECTION (2.5)(b) " and
substitute "SUBSECTIONS (2.5)(b) AND (2.5)(c)".

Page 16, after line 24 insert:

"(c) FOR EACH MONTH THAT AN INVESTOR-OWNED UTILITY COLLECTS
THE MONTHLY ENERGY ASSISTANCE SYSTEM BENEFIT CHARGE, THE UTILITY
SHALL INCLUDE ON ITS CUSTOMERS' BILLING STATEMENTS WITHIN ITS
EXPLANATION OF CHARGES A PHONE NUMBER OR E-MAIL ADDRESS THROUGH
WHICH A CUSTOMER MAY OPT OUT OF PAYING THE MONTHLY ENERGY
ASSISTANCE SYSTEM BENEFIT CHARGE.".

As amended, ordered revised and placed on the calendar for third reading and final
passage.





BILL HB21-1168


Concerning historically underutilized businesses in local government procurement.



The act requires the department of local affairs (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 act requires local governments participating in the pilot program to consider a number of items, such as:


The act 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 program 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 program 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 act 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
4/19/2021 House Committee on Finance Refer Amended to House Committee of the Whole
4/22/2021 House Second Reading Laid Over Daily - No Amendments
4/23/2021 House Second Reading Passed with Amendments - Committee
4/26/2021 House Third Reading Passed - No Amendments
4/27/2021 Introduced In Senate - Assigned to Finance
5/5/2021 Senate Committee on Finance Refer Unamended to Senate Committee of the Whole
5/10/2021 Senate Second Reading Passed - No Amendments
5/11/2021 Senate Third Reading Passed - No Amendments
5/27/2021 Signed by the Speaker of the House
5/28/2021 Sent to the Governor
5/28/2021 Signed by the President of the Senate
6/7/2021 Governor Signed

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

House Journal, April 20
25 HB21-1168 be amended as follows, and as so amended, be referred to
26 the Committee of the Whole with favorable
27 recommendation:
28
29 Amend the Transportation and Local Government Committee Report,
30 dated March 31, 2021, page 4, strike lines 32 through 40 and substitute:
31
32 "SECTION 2. Safety clause. The general assembly hereby finds,
33 determines, and declares that this act is necessary for the immediate
34 preservation of the public peace, health, or safety.".".
35
36

House Journal, April 23
15 Amendment No. 1, Finance Report, dated April 19, 2021, and placed in
16 member's bill file; Report also printed in House Journal, April 20, 2021.
17
18 Amendment No. 2, Transportation & Local Government Report, dated
19 March 31, 2021, and placed in member's bill file; Report also printed in
20 House Journal, April 1, 2021.
21
22 As amended, ordered engrossed and placed on the Calendar for Third
23 Reading and Final Passage.
24




BILL HB21-1181


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



The act creates the Colorado soil health program in the department of agriculture (department), which includes programs to encourage widespread adoption of soil health practices. An entity's participation in the soil health program is voluntary. The department, commissioner of agriculture (commissioner), and state agricultural commission will administer the soil health program.

The department shall, if financial resources are available, establish the following:


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

The department may also:


The act also creates a soil health advisory committee (advisory committee). The commissioner is required to appoint members who:


The state conservation board appoints 2 members to the advisory committee.

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 advisory committee approves grants.

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".

For the 2021-22 state fiscal year, $4,464 is appropriated to the department for use by the agricultural services division.

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



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
5/13/2021 Senate Committee on Agriculture & Natural Resources Refer Amended to Appropriations
5/21/2021 Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
5/21/2021 Senate Second Reading Passed with Amendments - Committee, Floor
5/24/2021 Senate Third Reading Passed - No Amendments
5/25/2021 House Considered Senate Amendments - Result was to Laid Over Daily
6/7/2021 House Considered Senate Amendments - Result was to Concur - Repass
6/18/2021 Signed by the Speaker of the House
6/21/2021 Signed by the President of the Senate
6/21/2021 Sent to the Governor
6/21/2021 Governor Signed

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

Senate Journal, May 14
After consideration on the merits, the Committee recommends that HB21-1181 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.
Amend reengrossed bill page 4, after line 4 insert:

"(4) "ELIGIBLE ENTITY" MEANS A PUBLIC, GOVERNMENTAL, OR PRIVATE
ENTITY, INCLUDING:
(a) AN AGRICULTURAL PRODUCER, A GROUP OF AGRICULTURAL
PRODUCERS, OR AN AGRICULTURAL PRODUCER COOPERATIVE;
(b) AN INDIAN TRIBE;
(c) A NONPROFIT ENTITY OF A TYPE LISTED IN 26 U.S.C. SEC. 501 (c), AS
AMENDED;
(d) A CHARITABLE ORGANIZATION AS DEFINED IN SECTION 6-16-103 (1);
(e) AN ACADEMIC OR A RESEARCH INSTITUTION OR A SUBDIVISION OF
THE INSTITUTION;
(f) THE UNITED STATES OR ANY CORPORATION OR AGENCY CREATED OR
DESIGNED BY THE UNITED STATES;
(g) THE STATE OF COLORADO OR ANY OF ITS AGENCIES OR POLITICAL
SUBDIVISIONS, INCLUDING A CONSERVATION DISTRICT CREATED UNDER ARTICLE
70 OF THIS TITLE 35 OR A WATER CONSERVANCY DISTRICT;
(h) AN ACEQUIA DITCH CORPORATION OR AN UNINCORPORATED
ACEQUIA DITCH ASSOCIATION, AS EITHER IS DESCRIBED IN SECTION 7-42-101.5;
AND
(i) A DITCH CORPORATION AS DESCRIBED IN SECTION 7-42-101.".

Renumber succeeding subsections accordingly.
Page 5, strike lines 10 through 12 and substitute "PRODUCER, OR OTHER TYPES
OF UNDERSERVED AGRICULTURAL".

Page 6, strike lines 18 through 20 and substitute "RECIPIENT, AND PURPOSE.".

Page 9, strike lines 5 and 6 and substitute "SOIL HEALTH ADVISORY COMMITTEE
IS HEREBY CREATED. THE COMMISSIONER SHALL APPOINT NO LESS THAN NINE
BOARD MEMBERS TO THE COMMITTEE.".

Page 9, strike lines 23 and 24 and substitute:
"(H) TWO REPRESENTATIVES WHO ARE BOARD MEMBERS OF THE
COLORADO ASSOCIATION OF CONSERVATION DISTRICTS OR ITS SUCCESSOR
ORGANIZATION; AND".

Page 10, after line 9 insert:

"(c) THE COLORADO CONSERVATION BOARD, CREATED IN ARTICLE 60
OF TITLE 37, SHALL APPOINT TWO REPRESENTATIVES TO BE MEMBERS OF THE
ADVISORY COMMITTEE.".

Reletter succeeding paragraphs accordingly.

Page 10, line 14, strike "ONCE" and substitute "FOUR TIMES".

Page 10, strike lines 20 and 21.

Reletter succeeding paragraphs accordingly.

Page 11, line 15, after "(2)(a)(III)(H)" insert "AND (2)(c)".

Page 11, line 18, strike "DEPARTMENT" and substitute "DEPARTMENT; AND".

Page 11, strike lines 19 through 21.


Agriculture &
Natural
Resources

Senate Journal, May 21
HB21-1181 by Representative(s) McCormick and Will; also Senator(s) Simpson and Winter--
Concerning the creation of a voluntary soil health program, and, in connection therewith,
making an appropriation.

Amendment No. 1, Agriculture & Natural Resources Committee Amendment.
(Printed in Senate Journal, May 14, page(s) 925-926 and placed in members' bill files.)

Amendment No. 2(L.013), by Senator Winter.

Amend the Agriculture and Natural Resources Committee Report, dated May
13, 2021, page 2, lines 13 and 14, strike "COLORADO CONSERVATION BOARD,
CREATED IN ARTICLE 60 OF TITLE 37," and substitute "STATE CONSERVATION
BOARD, CREATED IN SECTION 35-70-103,".

Page 2, line 7, strike "BOARD".

As amended, ordered revised and placed on the calendar for third reading and final
passage.





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 act 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 act 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 knowingly or willfully 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 and specifies that doing so is a civil infraction with a $100 fine.

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



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
4/13/2021 House Second Reading Laid Over Daily - No Amendments
4/15/2021 House Second Reading Passed with Amendments - Committee
4/16/2021 House Third Reading Laid Over Daily - No Amendments
4/19/2021 House Third Reading Passed - No Amendments
4/20/2021 Introduced In Senate - Assigned to Agriculture & Natural Resources
4/29/2021 Senate Committee on Agriculture & Natural Resources Refer Unamended - Consent Calendar to Senate Committee of the Whole
5/4/2021 Senate Second Reading Passed - No Amendments
5/5/2021 Senate Third Reading Passed - No Amendments
5/11/2021 Sent to the Governor
5/11/2021 Signed by the Speaker of the House
5/11/2021 Signed by the President of the Senate
5/20/2021 Governor Signed

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

House Journal, April 14
1 Amendment No. 1, Agriculture, Livestock, & Water Report, dated April
2 9, 2021, and placed in member's bill file; Report also printed in House
3 Journal, April 9, 2021.
4
5 As amended, ordered engrossed and placed on the Calendar for Third
6 Reading and Final Passage.
7




BILL HB21-1233


Concerning modifications to the requirements for claiming an income tax credit for the donation of a perpetual conservation easement, and, in connection therewith, making an appropriation.



The act 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
4/22/2021 House Committee on Finance Refer Amended to Appropriations
5/14/2021 House Committee on Appropriations Refer Amended to House Committee of the Whole
5/18/2021 House Second Reading Laid Over Daily - No Amendments
5/19/2021 House Second Reading Special Order - Passed with Amendments - Committee
5/20/2021 House Third Reading Passed - No Amendments
5/20/2021 Introduced In Senate - Assigned to Finance
5/25/2021 Senate Committee on Finance Refer Unamended to Appropriations
6/3/2021 Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
6/3/2021 Senate Second Reading Special Order - Passed - No Amendments
6/4/2021 Senate Third Reading Laid Over to 06/07/2021 - No Amendments
6/7/2021 Senate Third Reading Passed - No Amendments
6/22/2021 Sent to the Governor
6/22/2021 Signed by the Speaker of the House
6/22/2021 Signed by the President of the Senate
6/30/2021 Signed by Governor
6/30/2021 Governor Signed

Amendment

House Journal, April 23
31 HB21-1233 be amended as follows, and as so amended, be referred to
32 the Committee on Appropriations with favorable
33 recommendation:
34
35 Amend printed bill, page 3, strike lines 8 through 18 and substitute:
36
37 "SECTION 3. In Colorado Revised Statutes, 39-21-113, add (29)
38 as follows:
39 39-21-113. Reports and returns - rule. (29) NOTWITHSTANDING
40 THE PROVISIONS OF THIS SECTION:
41 (a) THE EXECUTIVE DIRECTOR MAY PROVIDE SUCH DETAILED
42 TAXPAYER INFORMATION PERTINENT TO A CLAIM FOR AN INCOME TAX
43 CREDIT FOR THE DONATION OF A PERPETUAL CONSERVATION EASEMENT
44 IN GROSS PURSUANT TO SECTION 39-22-522 TO TAXPAYERS, INCLUDING
45 OWNERS AND TRANSFEREES, WITH CASES INVOLVING COMMON OR
46 RELATED ISSUES OF FACT OR LAW. WITH THE EXCEPTION OF TAXPAYER
47 CONTACT INFORMATION, ANY INFORMATION PROVIDED PURSUANT TO THIS
48 SUBSECTION (29) MUST REMAIN CONFIDENTIAL, AND ALL PERSONS ARE
49 SUBJECT TO THE LIMITATIONS SPECIFIED IN SUBSECTION (4) OF THIS
50 SECTION AND THE PENALTIES SPECIFIED IN SUBSECTION (6) OF THIS
51 SECTION.
52
1 (b) THE EXECUTIVE DIRECTOR MAY REQUIRE THAT SUCH DETAILED
2 TAXPAYER INFORMATION PERTINENT TO A CLAIM FOR AN INCOME TAX
3 CREDIT FOR THE DONATION OF A PERPETUAL CONSERVATION EASEMENT
4 PURSUANT TO SECTION 39-22-522 AND ANY DOCUMENTATION IN SUPPORT
5 OF THE CREDIT CLAIMED BE GIVEN TO THE DIVISION OF CONSERVATION AS
6 THE EXECUTIVE DIRECTOR DETERMINES IS NECESSARY IN THE
7 PERFORMANCE OF THE DEPARTMENT'S FUNCTIONS RELATING TO THE
8 CREDIT. IN RESOLVING DISPUTES REGARDING THE CREDIT, THE EXECUTIVE
9 DIRECTOR MAY DISCLOSE SUCH DETAILED TAXPAYER INFORMATION AND
10 CONSULT WITH THE DIVISION OF CONSERVATION. NOTWITHSTANDING
11 PART 2 OF ARTICLE 72 OF TITLE 24, IN ORDER TO PROTECT THE
12 CONFIDENTIAL FINANCIAL INFORMATION OF A TAXPAYER, THE EXECUTIVE
13 DIRECTOR SHALL DENY THE RIGHT TO INSPECT ANY INFORMATION OR
14 DOCUMENTATION REQUIRED IN ACCORDANCE WITH THIS SUBSECTION
15 (29).".
16
17 Page 3, line 20, after "(3.5)(b)," insert "(3.6)," and after "(4)(b)," insert
18 "(5)(b)(III),".
19
20 Page 3, line 21, after "(4)(a)(II.7)" insert "and (7.5)".
21
22 Page 3, line 22, strike "easements." and substitute "easements -
23 definition.".
24
25 Page 5, line 4, strike "2022," and substitute "2021,".
26
27 Page 5, strike lines 14 through 27 and substitute:
28
29 "(II) FOR TAX CREDIT CERTIFICATES ISSUED BY THE DIVISION FOR
30 USE ON OR AFTER JANUARY 1, 2021, THE TRANSFEROR AND TRANSFEREE
31 OF THE TAX CREDIT SHALL JOINTLY FILE A COPY OF THE WRITTEN
32 TRANSFER AGREEMENT WITH THE DIVISION OF CONSERVATION WITHIN
33 THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (3.5)(b)(II)
34 OR THE DATE OF THE TRANSFER, WHICHEVER IS LATER. IF THE CREDIT
35 BEING TRANSFERRED WAS ISSUED FOR A YEAR OTHER THAN THE YEAR IN
36 WHICH IT IS TRANSFERRED, THE TRANSFEROR SHALL FURTHER SUBMIT A
37 COPY OF THE TRANSFEROR'S DR1305 FORM FOR EACH YEAR FROM THE
38 YEAR FOR WHICH THE CREDIT WAS ISSUED THROUGH THE MOST RECENT
39 YEAR FOR WHICH TAXES WERE DUE. THE DIVISION SHALL ISSUE A
40 CERTIFICATE TO THE TRANSFEREE IN THE AMOUNT OF THE TAX CREDIT
41 TRANSFERRED AND, IF ANY AMOUNT IS RETAINED BY THE TRANSFEROR,
42 ISSUE A CERTIFICATE TO THE TRANSFEROR IN THE AMOUNT RETAINED. THE
43 DIVISION SHALL DEVELOP A SYSTEM TO TRACK THE TRANSFERS OF TAX
44 CREDITS AND TO CERTIFY THE OWNERSHIP OF TAX CREDITS. A
45 CERTIFICATION BY THE DIVISION OF THE OWNERSHIP AND AMOUNT OF TAX
46 CREDITS SHALL BE RELIED UPON BY THE DEPARTMENT OF REVENUE AND
47 THE TRANSFEREE AS BEING ACCURATE, AND NEITHER THE DIVISION NOR
48 THE DEPARTMENT OF REVENUE SHALL ADJUST THE AMOUNT OF TAX
49 CREDITS AS TO THE TRANSFEREE; EXCEPT THAT THE DIVISION AND
50 DEPARTMENT RETAIN ANY REMEDIES IT MAY HAVE AGAINST THE
51 LANDOWNER. THE DIVISION MAY PROMULGATE RULES TO PERMIT
52 VERIFICATION OF THE OWNERSHIP AND AMOUNT OF THE TAX CREDITS;
53 EXCEPT THAT ANY RULES PROMULGATED SHALL NOT UNDULY RESTRICT
54 OR HINDER THE TRANSFER OF THE TAX CREDITS.".
55
1 Page 6, strike lines 1 through 11 and substitute:
2
3 "(3.6) (a) For conservation easements donated on or after January
4 1, 2014, in order for any taxpayer to qualify for CLAIM the credit provided
5 for in subsection (2) of this section, the taxpayer must submit the
6 following in a form, approved by the executive director, to the department
7 of revenue at the same time as the taxpayer files a return for the taxable
8 year in which the credit is claimed:
9 (a) (I) A tax credit certificate issued under section 12-15-106; and
10 (II) The information required in subsections (3)(a), (3)(b), (3)(d),
11 and (3)(f)(II) SUBSECTIONS (3)(a) AND (3)(b) of this section.
12 (b) Notwithstanding any other provisions of law, the executive
13 director retains the authority to administer all issues related to the claim
14 or use of a tax credit for the donation of a conservation easement that are
15 not granted to the director of the division of conservation or the
16 conservation easement oversight commission under section 12-15-106.
17 (c) The information required in paragraph (f) of subsection (3) of
18 this section will no longer be required from the holder of the conservation
19 easement.".
20
21 Page 7, line 3, strike "THAT IS" and substitute "EQUAL TO NINETY".
22
23 Page 7, strike line 4.
24
25 Page 7, line 14, after "(b)" insert "(I)".
26
27 Page 7, line strike line 21 and substitute:
28 "income or ownership percentage from such entity or group.
29 (II) (A) For income".
30
31 Page 8, strike line 2 and substitute:
32 "dollars for that income tax year.
33 (B) For income tax years commencing on or".
34
35 Page 8, strike line 10 and substitute:
36 "tax year.
37 (C) For income tax years commencing on or after January 1,
38 2007,".
39
40 Page 8, strike line 18 and substitute:
41 "year.
42 (D) FOR INCOME TAX YEARS COMMENCING ON OR AFTER JANUARY
43 1,".
44
45 Page 8, strike lines 26 and 27 and substitute:
46
47 "(5) (b) (III) If any refund is claimed pursuant to subparagraph (I)
48 of this paragraph (b) SUBSECTION (5)(b)(I) OF THIS SECTION, then the
49 aggregate amount of the refund and amount of the credit used as an offset
50 against income taxes, EXCLUDING AMOUNTS TRANSFERRED TO OR USED
51 BY A TRANSFEREE, for that income tax year shall not exceed fifty
52 thousand dollars for that income tax year. In the case of a partnership, S
53 corporation, or other similar pass-through entity that donates a
54 conservation easement as an entity, if any refund is claimed pursuant to
55 subparagraph (I) of this paragraph (b) SUBSECTION (5)(b)(I) OF THIS
1 SECTION, the aggregate amount of the refund and the credit claimed by
2 the partners, members, or shareholders of the entity shall not exceed the
3 dollar limitation set forth in this subparagraph (III) SUBSECTION (5)(b)(III)
4 for that income tax year. Nothing in this subparagraph (III) SUBSECTION
5 (5)(b)(III) shall limit a taxpayer's ability to claim a credit against taxes
6 due in excess of fifty thousand dollars in accordance with subsection (4)
7 of this section.".
8
9 Page 9, strike lines 1 through 10 and substitute:
10
11 "(6) (a) For conservation easements donated prior to January 1,
12 2014, a taxpayer may claim only one tax credit under this section per
13 income tax year; except that a transferee of a tax credit under subsection
14 (7) of this section may claim an unlimited number of credits. A taxpayer
15 who has carried forward or elected to receive a refund of part of the tax
16 credit in accordance with subsection (5) of this section shall not claim an
17 additional tax credit under this section for any income tax year
18 COMMENCING PRIOR TO JANUARY 1, 2014, in which the taxpayer applies
19 the amount carried forward against income tax due or receives a refund.
20 A taxpayer TRANSFEROR who has transferred a credit to a transferee
21 pursuant to subsection (7) of this section shall not claim an additional tax
22 credit under this section for any income tax year COMMENCING PRIOR TO
23 JANUARY 1, 2014, in which the transferee uses such transferred credit.
24 COMMENCING JANUARY 1, 2014, A TAXPAYER MAY CLAIM ONE TAX
25 CREDIT PER YEAR REGARDLESS OF WHETHER THE TAXPAYER HAS CREDITS
26 REMAINING FROM ANY PRIOR CONSERVATION EASEMENT DONATION.".
27
28 Page 10, after line 18 insert:
29
30 "(7.5) (a) FOR INCOME TAX YEARS COMMENCING ON OR AFTER
31 JANUARY 1, 2021, IN LIEU OF A CREDIT WITH RESPECT TO THE INCOME
32 TAXES IMPOSED BY THIS ARTICLE 22, THERE IS ALLOWED A TRANSFERABLE
33 EXPENSE AMOUNT TO EACH QUALIFIED ENTITY THAT DONATES DURING
34 THE TAXABLE YEAR ALL OR PART OF THE VALUE OF A PERPETUAL
5 35 CONSERVATION EASEMENT IN GROSS CREATED PURSUANT TO ARTICLE 30.
36 OF TITLE 38 UPON REAL PROPERTY THE QUALIFIED ENTITY OWNS TO A
37 GOVERNMENTAL ENTITY OR A CHARITABLE ORGANIZATION DESCRIBED IN
38 SECTION 38-30.5-104 (2). A TRANSFERABLE EXPENSE AMOUNT SHALL BE
39 TREATED IN ALL MANNERS AS A TAX CREDIT FOR PURPOSES OF THIS
40 SECTION, INCLUDING PROVISIONS GOVERNING THE AMOUNT, VALUATION,
41 AND TRANSFER OF A TAX CREDIT; EXCEPT THAT THE TRANSFERABLE
42 EXPENSE AMOUNT MAY ONLY BE TRANSFERRED TO A TRANSFEREE TO BE
43 CLAIMED BY THE TRANSFEREE AS A CREDIT PURSUANT TO THIS SECTION. A
44 QUALIFIED ENTITY MAY TRANSFER A TRANSFERABLE EXPENSE AMOUNT TO
45 BE CLAIMED AS A CREDIT BY A TRANSFEREE PURSUANT TO THIS SECTION
46 REGARDLESS OF WHETHER THE QUALIFIED ENTITY RECEIVES VALUE IN
47 EXCHANGE FOR THE TRANSFER.
48 (b) AS USED IN THIS SUBSECTION (7.5), "QUALIFIED ENTITY"
49 MEANS A GOVERNMENTAL ENTITY THAT MEETS THE DEFINITION OF
50 "TAXPAYER" AS SET FORTH IN SUBSECTION (1)(b) OF THIS SECTION BUT IS
51 OTHERWISE EXEMPT FROM THE INCOME TAXES IMPOSED BY THIS ARTICLE
52 22.".
53
54

House Journal, May 14
1 HB21-1233 be amended as follows, and as so amended, be referred to
2 the Committee of the Whole with favorable
3 recommendation:
4
5 Amend the Finance Committee Report, dated April 22, 2021, page 2, line
6 29, after "RETAINED." insert "IN NO EVENT SHALL A TRANSFEREE BE
7 ALLOWED TO CLAIM AN AMOUNT GREATER THAN THE AMOUNT SPECIFIED
8 IN THE CERTIFICATE ISSUED TO THE TRANSFEREE.".
9
10 Page 2 of the report, line 32, after "CERTIFICATION" insert "ISSUED FOR
11 USE ON OR AFTER JANUARY 1, 2021,".
12
13 Page 3 of the report, line 1, afer "CREDITS" insert "CERTIFIED BY THE
14 DIVISION".
15
16 Page 5 of the report, after line 6 insert:
17
18 "Page 10 of the printed bill, line 1, strike "2014," and substitute "2021,".
19
20 Page 10 of the bill, line 14, strike "2014," and substitute "2021,".".
21
22 Page 5 of the report, after line 29 insert:
23
24 "Page 11 of the bill, strike lines 13 through 21 and substitute:
25
26 "SECTION 5. Appropriation. (1) For the 2021-22 state fiscal
27 year, $254,372 is appropriated to the department of regulatory agencies.
28 This appropriation is from the conservation cash fund created in section
29 12-15-107, C.R.S. To implement this act, the department may use this
30 appropriation as follows:
31 (a) $158,666 for use by the division of conservation for
32 conservation easement program costs, which amount is based on an
33 assumption that the division will require an additional 2.0 FTE; and
34 (b) $95,706 for the purchase of legal services.
35 (2) For the 2021-22 state fiscal year, $206,998 is appropriated to
36 the department of revenue. This appropriation is from the general fund.
37 To implement this act, the department may use this appropriation as
38 follows:
39 (a) $159,145 for tax administration IT system (GenTax) support;
40 and
41 (b) $47,853 for the purchase of legal services.
42 (3) For the 2021-22 state fiscal year, $143,559 is appropriated to
43 the department of law. This appropriation is from reappropriated funds
44 received from the department of regulatory agencies under subsection
45 (1)(b) and the department of revenue under subsection (2)(b) of this
46 section and is based on an assumption that the department of law will
47 require an additional 0.9 FTE. To implement this act, the department of
48 law may use this appropriation to provide legal services for the
49 department of regulatory agencies and the department of revenue.
50 SECTION 6. Safety clause. The general assembly hereby finds,
51 determines, and declares that this act is necessary for the immediate
52 preservation of the public peace, health, or safety.".
53
54
1 Page 1 of the bill, line 103, strike "EASEMENT." and substitute
2 "EASEMENT, AND, IN CONNECTION THEREWITH, MAKING AN
3 APPROPRIATION.".".
4
5

House Journal, May 19
6 Amendment No. 1, Appropriations Report, dated May 14, 2021, and
7 placed in member's bill file; Report also printed in House Journal,
8 May 14, 2021.
9
10 Amendment No. 2, Finance Report, dated April 22, 2021, and placed in
11 member's bill file; Report also printed in House Journal, April 23, 2021.
12
13 As amended, ordered engrossed and placed on the Calendar for Third
14 Reading and Final Passage.
15




BILL HB21-1242


Concerning the creation of an agricultural drought and climate resilience office in the department of agriculture, and, in connection therewith, making an appropriation.



The act 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 commissioner of agriculture shall appoint the head of the office and may adopt rules necessary for the office's administration after convening a stakeholder group.

Except for a program or support administered by the office to address immediate needs as a result of disaster, including wildfire and drought, or a program that was in existence on January 1, 2021:


The act:



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
4/13/2021 House Second Reading Laid Over Daily - No Amendments
4/15/2021 House Second Reading Passed with Amendments - Committee
4/16/2021 House Third Reading Laid Over to 04/21/2021 - No Amendments
4/16/2021 House Third Reading Laid Over Daily - No Amendments
4/21/2021 House Third Reading Passed - No Amendments
4/26/2021 Introduced In Senate - Assigned to Agriculture & Natural Resources
5/13/2021 Senate Committee on Agriculture & Natural Resources Refer Amended to Appropriations
5/21/2021 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
5/21/2021 Senate Second Reading Special Order - Passed with Amendments - Committee
5/24/2021 Senate Third Reading Passed with Amendments - Floor
5/25/2021 House Considered Senate Amendments - Result was to Laid Over Daily
6/7/2021 House Considered Senate Amendments - Result was to Concur - Repass
6/16/2021 Signed by the Speaker of the House
6/16/2021 Signed by the President of the Senate
6/17/2021 Sent to the Governor
6/24/2021 Signed by Governor
6/24/2021 Governor Signed

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

House Journal, April 14
14 Amendment No. 1, Agriculture, Livestock, & Water Report, dated April
15 9, 2021, and placed in member's bill file; Report also printed in House
16 Journal, April 9, 2021.
17
18 As amended, ordered engrossed and placed on the Calendar for Third
19 Reading and Final Passage.
20

Senate Journal, May 14
After consideration on the merits, the Committee recommends that HB21-1242 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.
Amend reengrossed bill, page 2, line 5, strike "cash fund -".

Page 2, after line 7 insert:
"(I) SEVERE DROUGHTS, AS WELL AS UNADDRESSED WATER DEMANDS
ASSOCIATED WITH URBAN GROWTH, WILL ADD PRESSURE TO COLORADO'S
ALREADY STRAINED WATER SUPPLY IN ALL OF COLORADO'S WATERSHEDS;".

Renumber succeeding subparagraphs accordingly.

Page 2, line 14, strike "ECOSYSTEMS;" and substitute "ECOSYSTEMS BUT THEY
CANNOT SHOULDER THE BURDEN OF WATER SCARCITY WITHOUT ADDRESSING
WATER-SAVING MEASURES BEING IMPLEMENTED AND SUSTAINED IN URBAN
AREAS;".

Page 2, line 16, strike "RESILIENCY" and substitute "RESILIENCY, CONSERVE OUR
WATER SUPPLIES, PROVIDE AN ECONOMIC BASE FOR RURAL COMMUNITIES,".

Page 3, line 2, strike "PROGRAMS;" and substitute "PROGRAMS WITHOUT
NEGATIVELY IMPACTING THE OVERALL RURAL ECONOMIC VIABILITY OF
AGRICULTURAL OPERATIONS AND RURAL COMMUNITIES;".

Page 3, line 15, after the first period insert "THE OFFICE SHALL ADVISE THE
COMMISSIONER, THE COLORADO AGRICULTURAL VALUE-ADDED DEVELOPMENT
BOARD CREATED IN SECTION 35-75-203, OTHER STATE AGENCIES, AND THE
GOVERNOR ON THE IMPACT TO AGRICULTURE OF DROUGHT AND CLIMATE
POLICIES AND PROGRAMS.".

Page 3, line 23, strike "COLORADO." and substitute "COLORADO AND MEMBERS
OF THE COLORADO WATER CONSERVATION BOARD CREATED IN SECTION
37-60-102.".

Page 5, strike lines 5 through 27.

Page 6, strike lines 1 through 8.

Page 6, after line 8 insert:

"SECTION 2. In Colorado Revised Statutes, 35-75-204, amend (1) as
follows:
35-75-204. Duties of board - agriculture value-added grants, loans
and loan guarantees, and equity investments. (1) The board has the power
to make grants, loans and loan guarantees, and equity investments to any
person, including eligible agricultural value-added cooperatives, as defined in
section 35-75-202 (4), for new or ongoing agricultural projects and research that
add value to Colorado agricultural products and aid the economy of rural
Colorado communities AND FOR AGRICULTURAL PROJECTS THAT WILL REDUCE
ENERGY COSTS FOR AGRICULTURAL PRODUCERS OR BUSINESSES. The board also
has the power to fund market promotion activities of the department pursuant
to section 35-75-205 (2)(f).".

Renumber succeeding sections accordingly.

Page 6 line 19, strike "DROUGHT AND CLIMATE RESILIENCY CASH" and substitute
"VALUE-ADDED CASH".

Page 6, line 20, strike "35-1-114." and substitute "35-75-205 (1).".


Agriculture &
Natural
Resources

Senate Journal, May 21
After consideration on the merits, the Committee recommends that HB21-1242 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 6, before line 21 insert:

"SECTION 3. Appropriation. (1) For the 2021-22 state fiscal year,
$101,333 is appropriated to the department of agriculture for use by the
commissioner's office and administrative services This appropriation is from the
general fund. To implement this act, the office may use this appropriation as
follows:
(a) $93,783 for personal services, which amount is based on an
assumption that the office will require an additional 0.9 FTE; and
(b) $7,550 for operating expenses.".

Renumber succeeding section accordingly.

Page 1, line 103, strike "AGRICULTURE." and substitute "AGRICULTURE, AND,
IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.".


Appro-
priations


Senate Journal, May 24
HB21-1242 by Representative(s) McLachlan; also Senator(s) Donovan--Concerning the creation of an
agricultural drought and climate resilience office in the department of agriculture, and, in
connection therewith, making an appropriation.

A majority of those elected to the Senate having voted in the affirmative, Senator
Donovan was given permission to offer a third reading amendment.

Third Reading Amendment No. 1(L.008), by Senator Donovan.

Amend revised bill, page 4, line 10, strike "COLORADO WATER" and substitute
"STATE".

Page 4, line 11, strike "37-60-102." and substitute "35-70-103 (1)(a).".

The amendment was passed on the following roll call vote:


YES 35 NO 0 EXCUSED 0 ABSENT 0
Bridges Y Gardner Y Lee Y Simpson Y
Buckner Y Ginal Y Liston Y Smallwood Y
Coleman Y Gonzales Y Lundeen Y Sonnenberg Y
Cooke Y Hansen Y Moreno Y Story Y
Coram Y Hisey Y Pettersen Y Winter Y
Danielson Y Holbert Y Priola Y Woodward Y
Donovan Y Jaquez Lewis Y Rankin Y Zenzinger Y
Fenberg Y Kirkmeyer Y Rodriguez Y President Y
Fields Y Kolker Y Scott Y

The question being "Shall the bill, as amended, pass?", the roll call was taken with the
following result:

YES 25 NO 10 EXCUSED 0 ABSENT 0
Bridges Y Gardner N Lee Y Simpson Y
Buckner Y Ginal Y Liston Y Smallwood N
Coleman Y Gonzales Y Lundeen N Sonnenberg Y
Cooke N Hansen Y Moreno Y Story Y
Coram Y Hisey N Pettersen Y Winter Y
Danielson Y Holbert N Priola Y Woodward N
Donovan Y Jaquez Lewis Y Rankin N Zenzinger Y
Fenberg Y Kirkmeyer N Rodriguez Y President Y
Fields Y Kolker Y Scott N




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


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

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



Status
4/6/2021 Introduced In House - Assigned to Agriculture, Livestock, & Water
4/19/2021 House Committee on Agriculture, Livestock, & Water Refer Unamended to Appropriations
4/28/2021 House Committee on Appropriations Refer Unamended to House Committee of the Whole
4/28/2021 House Second Reading Special Order - Passed - No Amendments
4/29/2021 House Third Reading Passed - No Amendments
4/30/2021 Introduced In Senate - Assigned to Agriculture & Natural Resources
5/12/2021 Senate Committee on Agriculture & Natural Resources Refer Amended to Appropriations
6/3/2021 Senate Committee on Appropriations Refer Unamended - Consent Calendar to Senate Committee of the Whole
6/3/2021 Senate Second Reading Special Order - Passed with Amendments - Committee
6/4/2021 Senate Third Reading Passed - No Amendments
6/7/2021 House Considered Senate Amendments - Result was to Laid Over Daily
6/8/2021 House Considered Senate Amendments - Result was to Concur - Repass
6/14/2021 Sent to the Governor
6/14/2021 Signed by the President of the Senate
6/14/2021 Signed by the Speaker of the House
6/24/2021 Signed by Governor
6/24/2021 Governor Signed

Amendment

Senate Journal, May 13
After consideration on the merits, the Committee recommends that HB21-1260 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.
Amend reengrossed bill, page 2, after line 21 insert:

"SECTION 2. In Colorado Revised Statutes, 37-60-106.3, amend
(6)(c) as follows:
37-60-106.3. State water plan - legislative declaration - grant
program. (6) Water plan implementation grant program. The board may
approve grants pursuant to the following requirements:
(c) Grant money must amount to no more than fifty percent of the total
cost of an individual project, and the total money from all board funding
sources must not exceed seventy-five percent of the total cost of an individual
project THE BOARD SHALL ESTABLISH CRITERIA THAT REQUIRE MATCHING
FUNDS OF AT LEAST TWENTY-FIVE PERCENT; EXCEPT THAT THE BOARD MAY
AWARD GRANTS IN 2021 AND 2022 WITH REDUCED MATCHING FUND
REQUIREMENTS.".

Renumber succeeding sections accordingly.


Agriculture &
Natural
Resources




BILL HB21-1266


Concerning efforts to redress the effects of environmental injustice on disproportionately impacted communities, and, in connection therewith, making an appropriation.



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


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

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


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

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

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

Section 14:


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

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

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

To implement the act, section 23 appropriates the following:



Status
4/6/2021 Introduced In House - Assigned to Energy & Environment
4/22/2021 House Committee on Energy & Environment Refer Amended to Finance
5/3/2021 House Committee on Finance Refer Amended to Appropriations
5/11/2021 House Committee on Appropriations Refer Amended to House Committee of the Whole
5/11/2021 House Second Reading Laid Over Daily - No Amendments
5/11/2021 House Second Reading Special Order - Laid Over Daily - No Amendments
5/12/2021 House Second Reading Passed with Amendments - Committee, Floor
5/13/2021 House Third Reading Passed - No Amendments
5/13/2021 Introduced In Senate - Assigned to Finance
6/7/2021 Senate Committee on Finance Refer Amended to Appropriations
6/7/2021 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
6/7/2021 Senate Second Reading Special Order - Passed with Amendments - Committee, Floor
6/8/2021 Senate Third Reading Passed with Amendments - Floor
6/23/2021 Sent to the Governor
6/23/2021 Signed by the Speaker of the House
6/23/2021 Signed by the President of the Senate
7/2/2021 Governor Signed

Amendment

House Journal, April 23
32 HB21-1266 be amended as follows, and as so amended, be referred to
33 the Committee on Finance with favorable
34 recommendation:
35
36 Amend printed bill, page 2, line 14, strike "effects," and substitute
37 "effects as documented in numerous studies, including the "Toxic Wastes
38 and Race at Twenty, 1987-2007" report by the United Church of Christ
39 Justice & Witness Ministries, federal environmental protection agency
40 annual Environmental Justice Progress Reports, and a 2021 report from
41 the "Mapping for Environmental Justice" project at the Berkeley Public
42 Policy/The Goldman School that shows how the pollution burden is
43 distributed in Colorado,".
44
45 Page 3, after line 8 insert:
46
47 "(I) Federal action to address environmental justice includes the
48 federal environmental protection agency's office of environmental justice,
49 originally established in 1992, and the assignment of EPA regional
42 50 liaisons to minority, Tribal, and low-income communities pursuant to
51 U.S.C. sec. 4370i;
52 (II) States have also addressed environmental justice, with the
53 National Law Review recently noting on October 30, 2020, that "the vast
54 majority of states now address [environmental justice] in some
55 fashion-via legislation, agency policy and guidance, or advisory
1 groups-with fewer than five failing to mention the concept at all";
2 (III) Environmental justice laws that promote outreach to and
3 facilitate feedback from disproportionately impacted communities and
4 require that agencies consider that feedback have been upheld by the
5 courts as a legitimate exercise of legislative authority, such as in Friends
6 of Buckingham v. State Air Pollution Control Bd., 947 F.3d 68 (4th Cir.
7 2020) (vacating the issuance of a permit due to the board's failure to
8 properly consider the permit's environmental justice impacts);".
9
10 Renumber succeeding subparagraphs accordingly.
11
12 Page 11, strike lines 5 through 10 and substitute:
13
14 "(IV) A POTENTIAL REQUIREMENT THAT PERMITS MUST BE ISSUED
15 AND RENEWED ONLY AFTER AN ENVIRONMENTAL EQUITY ANALYSIS
16 DETERMINES THAT THE TERMS AND CONDITIONS OF THE PERMIT OR
17 RENEWAL ARE SUFFICIENT TO ENSURE, TO A REASONABLE CERTAINTY,
18 THAT ANY HARM TO THE HEALTH AND ENVIRONMENT OF
19 DISPROPORTIONATELY IMPACTED COMMUNITIES IS EITHER:
20 (A) AVOIDED; OR
21 (B) MINIMIZED TO THE EXTENT PRACTICABLE AND, TO THE EXTENT
22 ANY HARM REMAINS, IS MITIGATED;".
23
24

House Journal, May 4
23 HB21-1266 be amended as follows, and as so amended, be referred to
24 the Committee on Appropriations with favorable
25 recommendation:
26
27 Amend printed bill, page 4, line 11, strike "Definitions." and substitute
28 "Definitions - repeal.".
29
30 Page 5, after line 11 insert:
31
32 "(c) (I) A RULE THAT DEFINES "DISPROPORTIONATELY IMPACTED
33 COMMUNITY" THAT WAS PROMULGATED BEFORE THE EFFECTIVE DATE OF
34 THIS SUBSECTION (2.7) NEED NOT COMPLY WITH THIS SUBSECTION (2.7).
35 (II) THIS SUBSECTION (2.7)(c) IS REPEALED, EFFECTIVE SEPTEMBER
36 1, 2023.".
37
38 Page 8, line 6, strike "NINETEEN" and substitute "TWENTY-THREE".
39
40 Page 9, line 1, strike "EIGHT" and substitute "TWELVE".
41
42 Page 9, line 5, strike "BOTH OF THE FOLLOWING TWO CATEGORIES" and
43 substitute "SUBSECTION (1)(c)(III)(A) OF THIS SECTION AND TWO
44 MEMBERS EACH FROM SUBSECTION (1)(c)(III)(B) OF THIS SECTION:".
45
46 Page 9, strike lines 9 through 12 and substitute:
47
48 "(B) THE FOLLOWING NUMBER OF MEMBERS OF DIFFERENT
49 ORGANIZATIONS THAT: CARRY OUT INITIATIVES RELATING TO
50 ENVIRONMENTAL JUSTICE, THREE MEMBERS; REPRESENT WORKER
51 INTERESTS IN DISPROPORTIONATELY IMPACTED COMMUNITIES, ONE
52 MEMBER; REPRESENT THE INTEREST OF PEOPLE OF COLOR, FOUR MEMBERS;
53 REPRESENT THE RENEWABLE ENERGY INDUSTRY, ONE MEMBER; REPRESENT
54 THE NONRENEWABLE ENERGY INDUSTRY, ONE MEMBER; REPRESENT LOCAL
55 GOVERNMENT IN DISPROPORTIONATELY IMPACTED COMMUNITIES, ONE
1 MEMBER; AND WORK TO SUPPORT PUBLIC HEALTH, ONE MEMBER, WHO
2 MUST BE AN ENVIRONMENTAL TOXICOLOGIST.".
3

House Journal, May 11
42 HB21-1266 be amended as follows, and as so amended, be referred to
43 the Committee of the Whole with favorable
44 recommendation:
45 Amend printed bill, page 14, before line 4 insert:
46
47 "SECTION 7. Appropriation. (1) For the 2021-22 state fiscal
48 year, $456,090 is appropriated to the department of public health and
49 environment. This appropriation is from the general fund. To implement
50 this act, the department may use this appropriation as follows:
51 (a) $196,032 for use by the air pollution control division for
52 personal services related to stationary sources, which amount is based on
53 an assumption that the division will require an additional 2.7 FTE;
54 (b) $153,718 for use by the air pollution control division for
55 operating costs related to stationary sources; and
1 (c) $106,340 for the purchase of legal services.
2 (2) For the 2021-22 state fiscal year, $106,340 is appropriated to
3 the department of law. This appropriation is from reappropriated funds
4 received from the department of public health and environment under
5 subsection (1)(c) of this section and is based on an assumption that the
6 department of law will require an additional 0.5 FTE. To implement this
7 act, the department of law may use this appropriation to provide legal
8 services for the department of public health and environment.".
9
10 Renumber succeeding section accordingly.
11
12 Page 1, line 102, strike "COMMUNITIES." and substitute "COMMUNITIES,
13 AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.".
14
15

House Journal, May 12
37 Amendment No. 1, Appropriations Report, dated May 11, 2021, and
38 placed in member's bill file; Report also printed in House Journal, May
39 11, 2021.
40
41 Amendment No. 2, Finance Report, dated May 3, 2021, and placed in
42 member's bill file; Report also printed in House Journal, May 4, 2021.
43
44 Amendment No. 3, Energy & Environment Report, dated April 22, 2021,
45 and placed in member's bill file; Report also printed in House Journal,
46 April 23, 2021.
47
48 Amendment No. 4, by Representative Jackson.
49
50 Amend the Finance Committee Report, dated May 3, 2021, page 1, strike
51 lines 1 through 8 and substitute "Amend printed bill, page 4, strike lines
52 9 through 27.
53 Page 5 of the bill, strike lines 1 through 11.
54
55 Renumber succeeding sections accordingly.
1 Page 6 of the bill, line 3, strike "SECTION," and substitute "SECTION AND
2 SECTIONS 25-1-131 AND 25-7-105 (1)(e),".
3
4 Page 6 of the bill, after line 6 insert:
5 "(II) "DISPROPORTIONATELY IMPACTED COMMUNITY" MEANS A
6 COMMUNITY THAT IS IN A CENSUS BLOCK GROUP, AS DETERMINED IN
7 ACCORDANCE WITH THE MOST RECENT UNITED STATES CENSUS, WHERE
8 THE PROPORTION OF HOUSEHOLDS THAT ARE LOW INCOME IS GREATER
9 THAN FORTY PERCENT, THE PROPORTION OF HOUSEHOLDS THAT IDENTIFY
10 AS MINORITY IS GREATER THAN FORTY PERCENT, OR THE PROPORTION OF
11 HOUSEHOLDS THAT ARE HOUSING COST-BURDENED IS GREATER THAN
12 FORTY PERCENT; OR IS ANY OTHER COMMUNITY AS IDENTIFIED OR
13 APPROVED BY A STATE AGENCY, IF: THE COMMUNITY HAS A HISTORY OF
14 ENVIRONMENTAL RACISM PERPETUATED THROUGH REDLINING,
15 ANTI-INDIGENOUS, ANTI-IMMIGRANT, ANTI-HISPANIC, OR ANTI-BLACK
16 LAWS; OR THE COMMUNITY IS ONE WHERE MULTIPLE FACTORS, INCLUDING
17 SOCIOECONOMIC STRESSORS, DISPROPORTIONATE ENVIRONMENTAL
18 BURDENS, VULNERABILITY TO ENVIRONMENTAL DEGRADATION, AND LACK
19 OF PUBLIC PARTICIPATION, MAY ACT CUMULATIVELY TO AFFECT HEALTH
20 AND THE ENVIRONMENT AND CONTRIBUTE TO PERSISTENT DISPARITIES. AS
21 USED IN THIS SUBSECTION (2)(b)(II), "COST-BURDENED" MEANS A
22 HOUSEHOLD THAT SPENDS MORE THAN THIRTY PERCENT OF ITS INCOME ON
23 HOUSING, AND "LOW INCOME" MEANS THE MEDIAN HOUSEHOLD INCOME IS
24 LESS THAN OR EQUAL TO TWO HUNDRED PERCENT OF THE FEDERAL
25 POVERTY GUIDELINE.".
26
27 Renumber succeeding subparagraph accordingly.".".
28
29 Page 2 of the report, after line 7 insert:
30 "Page 12 of the bill, line 9, strike "2-4-401 (2.7);" and substitute
31 "24-4-109 (2)(b)(II);".
32 Page 12 of the bill, line 11, strike "(2)(b)(II);" and substitute
33 "(2)(b)(III);".".
34
35 As amended, ordered engrossed and placed on the Calendar for Third
36 Reading and Final Passage.
37

Senate Journal, June 7
After consideration on the merits, the Committee recommends that HB21-1266 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.
Amend reengrossed bill, page 5, after line 5 insert:

"(2) The general assembly also hereby:
(a) Finds that prompt action is essential for Colorado to meet its
climate goals, given, among other things, the slow turnover of equipment,
vehicles, appliances, and other technologies that burn or release fossil fuels. The
general assembly further recognizes that climate change is a cumulative
emissions problem. This is because long-lived climate pollutants can persist for
centuries in the atmosphere, thus committing us to warming for generations to
come. As we continue to emit greenhouse gases into the atmosphere over the
next decade, and even over the next few years, we will continue to exacerbate
the climate damages we are already seeing and increase the risk of catastrophic
disruption. Therefore, early action to reduce the pollutants that contribute to
climate change, thereby reducing overall atmospheric greenhouse gas
concentrations, is essential. Colorado needs to secure reductions in pollution
over time in amounts that align with the estimated carbon dioxide budgets
identified by the United Nations' intergovernmental panel on climate change
consistent with limiting the average global warming, in comparison to accepted
historical average temperatures, to one and one-half degrees Celsius.
(b) Determines that:
(I) Due to historical systems and practices that intentionally targeted
Black, Latino, Asian American, and Indigenous people, communities of color,
and low-income communities, there continues to be a racial and socioeconomic
inequity in regard to the impacts of climate change and pollution. As
documented in multiple peer-reviewed scientific studies, communities with
predominantly Black, Latino, Asian American, or Indigenous populations suffer
from higher rates of air pollution and damage due to changing and more severe
weather and have been systematically excluded from governance and decision
making. It is therefore the responsibility of the state to include and engage these
communities more fully in policymaking at every level and to ensure that
environmental policy works toward restorative justice and benefitting these
communities. The general assembly recognizes that the key to addressing these
historic wrongs is to rapidly reduce pollution in disproportionately impacted
communities, including from electric power, industrial, and manufacturing
sources.
(II) The public should have a meaningful opportunity to participate in
rule-making proceedings before the air quality control commission. This
requires that members of the public be provided with timely access to
information needed to understand proposed rules and to develop alternative
proposals;
(III) The commission is encouraged to use language that is
understandable to citizens who do not have specialized knowledge of the
matters before the commission; and
(c) Declares that:
(I) Nothing in this act:
(A) Alters the greenhouse gas emission reduction goals previously
established in section 25-7-102 (2)(g), C.R.S., in either amount or timing; or
(B) Detracts from the commission's existing authority to require more
than the minimum greenhouse gas emission reduction goals and deadlines
previously established in section 25-7-102 (2)(g), C.R.S.; and
(II) This act adds to, but does not otherwise alter, the air quality control
commission's authority and obligation to publish and promulgate rules pursuant
to sections 25-7-105, 25-7-102 (2)(g), and 25-7-140.".

Page 8, line 22, strike "TWENTY-THREE" and substitute "TWENTY-SEVEN".

Page 9, line 17, strike "TWELVE" and substitute "SIXTEEN".

Page 9, line 22, strike "TWO" and substitute "THREE".

Page 15, after line 3 insert:

"SECTION 6. In Colorado Revised Statutes, 25-7-114.1, amend (1),
(2), and (3) introductory portion as follows:
25-7-114.1. Air pollutant emission notices - rules. (1) (a) No person
shall permit emission of air pollutants from, or construction or alteration of, any
facility, process, or activity except residential structures from which air
pollutants are, or are to be, emitted unless and until an air pollutant emission
notice has been filed with the division with respect to such emission. THE
COMMISSION MAY REQUIRE THAT AIR POLLUTANT EMISSION NOTICES FOR
GREENHOUSE GAS, AS DEFINED IN SECTION 25-7-140 (6), REPORT THE PREVIOUS
CALENDAR YEAR'S EMISSIONS OF GREENHOUSE GAS IN THE FORM OF CARBON
DIOXIDE EQUIVALENT. An air pollutant emission notice shall be IS valid for a
period of NO MORE THAN five years.
(b) WITH REGARD TO THE CHANGES MADE IN 2021 BY HOUSE BILL
21-1266:
(I) NOTHING:
(A) ALTERS THE GREENHOUSE GAS EMISSION REDUCTION GOALS
PREVIOUSLY ESTABLISHED IN SECTION 25-7-102 (2)(g), IN EITHER AMOUNT OR
TIMING; OR
(B) DETRACTS FROM THE AIR QUALITY CONTROL COMMISSION'S
EXISTING AUTHORITY TO REQUIRE MORE THAN THE MINIMUM GREENHOUSE GAS
EMISSION REDUCTION GOALS AND DEADLINES PREVIOUSLY ESTABLISHED IN
SECTION 25-7-102 (2)(g); AND
(II) THE CHANGES ADD TO, BUT DO NOT OTHERWISE ALTER, THE AIR
QUALITY CONTROL COMMISSION'S AUTHORITY AND OBLIGATION TO
PROMULGATE AND PUBLISH RULES PURSUANT TO SECTIONS 25-7-102 (2)(g),
25-7-105, AND 25-7-140.
(2) All sources existing on or before December 31, 1992, shall file an
updated air pollutant emission notice with the division on or before December
31, 1992. In addition, A revised emission notice shall be filed whenever a
significant change in emissions, in processes, or in the facility is anticipated or
has occurred OR AS THE COMMISSION OTHERWISE DETERMINES TO BE
NECESSARY. The revised air pollutant emission notice shall be IS valid for NO
MORE THAN five years or until the underlying permit expires. The commission
shall exempt those sources or categories of sources which THAT it determines
to be of minor significance from the requirement that an air pollutant emission
notice be filed.
(3) The commission shall promulgate a list of air pollutants which THAT
are required to be reported in an air pollutant emission notice. NO LATER THAN
DECEMBER 31, 2022, THE COMMISSION SHALL INCLUDE GREENHOUSE GAS, AS
DEFINED IN SECTION 25-7-140 (6), IN THE LIST OF AIR POLLUTANTS REQUIRED TO
BE REPORTED IN AN AIR POLLUTANT EMISSION NOTICE AND SHALL IDENTIFY THE
CATEGORIES OF SOURCES FOR WHICH AND THE THRESHOLDS BELOW WHICH
GREENHOUSE GAS DOES NOT NEED TO BE REPORTED IN AN AIR POLLUTANT
EMISSION NOTICE. AN AIR POLLUTANT EMISSION NOTICE FOR GREENHOUSE
GASES NEED NOT BE REQUIRED FOR A FACILITY OR ENTITY THAT IS OTHERWISE
EXEMPT FROM REPORTING GREENHOUSE GAS EMISSIONS TO THE DIVISION
PURSUANT TO A RULE ADOPTED BY THE COMMISSION. Prior to the commission's
promulgation of such a list of air pollutants to be reported in an air pollutant
emission notice, sources shall report any emissions of the following which
THAT are in excess of de minimis quantities:
SECTION 7. In Colorado Revised Statutes, 25-7-114.4, add (5) as
follows:
25-7-114.4. Permit applications - contents - rules - definitions.
(5) Provisions for permits for sources that affect disproportionately
impacted communities. (a) Rules. (I) NO LATER THAN JUNE 1, 2023, THE
COMMISSION SHALL ADOPT RULES TO IMPLEMENT THE REQUIREMENTS OF THIS
SUBSECTION (5).
(II) THE COMMISSION MAY SET THRESHOLDS OF AFFECTED POLLUTANTS
BELOW WHICH THE REQUIREMENTS OF THIS SECTION DO NOT APPLY.
(III) IN ADOPTING RULES TO IMPLEMENT THIS SUBSECTION (5), THE
COMMISSION SHALL IDENTIFY DISPROPORTIONATELY IMPACTED COMMUNITIES.
(IV) THE COMMISSION SHALL PERIODICALLY, BUT NOT LESS OFTEN
THAN EVERY THREE YEARS, REVISIT ITS IDENTIFICATION OF
DISPROPORTIONATELY IMPACTED COMMUNITIES AND DETERMINATIONS OF
AFFECTED POLLUTANTS.
(b) Applicability and requirements. (I) THE REQUIREMENTS OF THIS
SUBSECTION (5)(b) APPLY TO PERMITS FOR SOURCES OF AFFECTED POLLUTANTS
IN DISPROPORTIONATELY IMPACTED COMMUNITIES.
(II) (A) THE COMMISSION'S RULES MUST PROVIDE FOR ENHANCED
MODELING AND MONITORING REQUIREMENTS FOR NEW AND MODIFIED SOURCES
OF AFFECTED POLLUTANTS IN DISPROPORTIONATELY IMPACTED COMMUNITIES
THAT ARE IDENTIFIED OR APPROVED AT THE TIME OF PERMIT APPLICATION. IN
ADOPTING THE RULES, THE COMMISSION SHALL ALSO CONSIDER REQUIRING
ENHANCED MONITORING FOR EXISTING SOURCES OF AFFECTED POLLUTANTS.
(B) THE COMMISSION'S RULES MUST IDENTIFY THE TYPES OF
MONITORING TECHNOLOGY THAT CAN BE USED BY THE SOURCES OF AFFECTED
POLLUTANTS AND MUST ALLOW FOR THE USE OF ALTERNATIVE METHODS OF
MONITORING AS APPROVED BY THE DIVISION.
(c) Fees. SOURCES OF AFFECTED POLLUTANTS SUBJECT TO THE
REQUIREMENTS OF THIS SUBSECTION (5) SHALL PAY A PROCESSING FEE IN
CONFORMITY WITH SECTION 25-7-114.7 (2)(a)(III) TO COVER THE DIVISION'S
AND COMMISSION'S DIRECT AND INDIRECT COSTS OF IMPLEMENTING THE
REQUIREMENTS OF THIS SECTION. THESE FEES SHALL BE CREDITED TO THE
STATIONARY SOURCES CONTROL FUND IN ACCORDANCE WITH SECTION
25-7-114.7 (2)(b)(I).
(d) Definitions. AS USED IN THIS SUBSECTION (5), UNLESS THE CONTEXT
OTHERWISE REQUIRES:
(I) "AFFECTED POLLUTANTS" MEANS THOSE AIR POLLUTANTS AS
DETERMINED BY THE COMMISSION WITH THE POTENTIAL TO CAUSE OR
CONTRIBUTE TO SIGNIFICANT HEALTH OR ENVIRONMENTAL IMPACTS. THE TERM
INCLUDES:
(A) VOLATILE ORGANIC COMPOUNDS;
(B) OXIDES OF NITROGEN;
(C) HAZARDOUS AIR POLLUTANTS AS IDENTIFIED BY THE COMMISSION,
INCLUDING BENZENE, TOLUENE, ETHYLBENZENE AND XYLENE; AND
(D) PARTICULATE MATTER THAT IS TWO AND ONE-HALF MICRONS OR
SMALLER.
(II) "COST-BURDENED" MEANS A HOUSEHOLD THAT SPENDS MORE THAN
THIRTY PERCENT OF ITS INCOME ON HOUSING.
(III) "DISPROPORTIONATELY IMPACTED COMMUNITY" MEANS A
COMMUNITY THAT:
(A) IS IN A CENSUS BLOCK GROUP, AS DETERMINED IN ACCORDANCE
WITH THE MOST RECENT UNITED STATES CENSUS, WHERE THE PROPORTION OF
HOUSEHOLDS THAT ARE LOW INCOME IS GREATER THAN FORTY PERCENT, THE
PROPORTION OF HOUSEHOLDS THAT IDENTIFY AS MINORITY IS GREATER THAN
FORTY PERCENT, OR THE PROPORTION OF HOUSEHOLDS THAT ARE HOUSING
COST-BURDENED IS GREATER THAN FORTY PERCENT; OR
(B) IS ANY OTHER COMMUNITY AS IDENTIFIED OR APPROVED BY A STATE
AGENCY, IF THE COMMUNITY: HAS A HISTORY OF ENVIRONMENTAL RACISM
PERPETUATED THROUGH REDLINING, ANTI-IMMIGRANT, ANTI-BLACK,
ANTI-LATINO, ANTI-ASIAN AMERICAN, OR ANTI-INDIGENOUS LAWS; OR IS ONE
IN WHICH MULTIPLE FACTORS, INCLUDING SOCIOECONOMIC STRESSORS,
DISPROPORTIONATE ENVIRONMENTAL BURDENS, VULNERABILITY TO
ENVIRONMENTAL DEGRADATION, AND LACK OF PUBLIC PARTICIPATION, MAY
ACT CUMULATIVELY TO AFFECT HEALTH AND THE ENVIRONMENT AND
CONTRIBUTE TO PERSISTENT DISPARITIES.
(IV) "LOW INCOME" MEANS THE MEDIAN HOUSEHOLD INCOME IS LESS
THAN OR EQUAL TO TWO HUNDRED PERCENT OF THE FEDERAL POVERTY
GUIDELINE.
(V) "SOURCE OF AFFECTED POLLUTANTS" MEANS A STATIONARY
SOURCE THAT EMITS ANY AFFECTED POLLUTANT IN AN AMOUNT SUCH THAT A
CONSTRUCTION PERMIT IS REQUIRED UNDER COMMISSION RULES.
SECTION 8. In Colorado Revised Statutes, 25-7-114.5, amend
(12.5)(a)(I) introductory portion, (12.5)(a)(I)(C), (12.5)(a)(I)(D), and (12.5)(b);
and add (12.5)(a)(I)(E) as follows:
25-7-114.5. Application review - public participation.
(12.5) (a) (I) Except for sources involved in agricultural, horticultural, or
floricultural production such as farming, seasonal crop drying, animal feeding,
or pesticide application, upon determination by the division that the criteria set
forth in paragraph (b) of this subsection (12.5) SUBSECTION (12.5)(b) OF THIS
SECTION applies to a source that is not required to obtain a renewable operating
permit, the division may reopen such construction permit for the purpose of
imposing any or all of the following additional terms and conditions:
(C) Operating and maintenance requirements; and
(D) Emission control requirements pursuant to section 25-7-109.3; AND
(E) ADDITIONAL MONITORING REQUIREMENTS FOR SOURCES AFFECTING
DISPROPORTIONATELY IMPACTED COMMUNITIES.
(b) With the exception of those sources involved in agricultural,
horticultural, or floricultural production such as farming, seasonal crop drying,
animal feeding, and pesticide application, a source's construction permit may
be reopened for cause for the purposes of paragraph (a) of this subsection (12.5)
SUBSECTION (12.5)(a) OF THIS SECTION only upon a determination by the
division that the location of the source is significant in terms of its proximity
to residential or business areas OR A DISPROPORTIONATELY IMPACTED
COMMUNITY, and one or more of the following criteria apply to the permitted
source:
(I) The control equipment utilized by the source requires an unusually
high degree of maintenance or operational sensitivity when compared to control
equipment in general; or
(II) The design characteristics of the source require an unusually high
degree of maintenance or operational sensitivity when compared to the design
characteristics of all sources in general; or
(III) The application of the control equipment utilized is unique or
untested; or
(IV) The operational variability of the source may impact the
effectiveness of the controls; or
(V) The emissions from the source will threaten public health, as
determined pursuant to section 25-7-109.3; OR
(VI) THE EMISSIONS FROM THE SOURCE WILL AFFECT A
DISPROPORTIONATELY IMPACTED COMMUNITY AS DEFINED IN SECTION
25-7-114.4 (5)(d)(III).
SECTION 9. In Colorado Revised Statutes, 25-7-114.7, amend
(1)(a)(II), (2)(a)(I) introductory portion, (2)(b)(III) introductory portion, and
(2)(b)(III)(G); and add (2)(a)(VII), (2)(b)(III)(I), (2)(b)(III)(J), and (2)(h) as
follows:
25-7-114.7. Emission fees - fund - rules - definition - repeal. (1) As
used in this section, unless the context otherwise requires:
(a) Indirect and direct costs include, but are not limited to:
(II) Implementing and enforcing the terms and conditions of any such
permit OR RULE, not including court costs or other legal costs associated with
any enforcement action;
(2) (a) (I) EXCEPT AS SPECIFIED IN SUBSECTION (2)(a)(VII) OF THIS
SECTION, the commission shall designate by rule those classes of sources of air
pollution that are exempt from the requirement to pay an annual emission fee.
Every owner or operator of an air pollution source not otherwise exempt in
accordance with such commission rules shall pay an annual fee as follows:
(VII) THE COMMISSION SHALL ESTABLISH, BY RULE, A FEE PER TON OF
GREENHOUSE GAS, IN THE FORM OF CARBON DIOXIDE EQUIVALENT, THAT WAS
REPORTED IN THE MOST RECENT AIR POLLUTANT EMISSION NOTICE ON FILE WITH
THE DIVISION IN AN AMOUNT THAT IS SUFFICIENT TO COVER THE INDIRECT AND
DIRECT COSTS REQUIRED TO DEVELOP AND ADMINISTER THE PROGRAMS
ESTABLISHED PURSUANT TO THIS ARTICLE 7 THAT PERTAIN TO EMISSIONS OF
GREENHOUSE GAS. THE COMMISSION MAY SET THRESHOLDS OF REPORTED
GREENHOUSE GAS BELOW WHICH NO SUCH FEE SHALL BE ASSESSED. NO MORE
FREQUENTLY THAN ANNUALLY, THE COMMISSION MAY ADJUST THE FEE FOR
GREENHOUSE GAS BY RULE TO COVER THE INDIRECT AND DIRECT COSTS
REQUIRED TO DEVELOP AND ADMINISTER THE PROGRAMS ESTABLISHED
PURSUANT TO THIS ARTICLE 7 THAT PERTAIN TO EMISSIONS OF GREENHOUSE
GAS.
(b) (III) The division shall expend the portion of the fee revenue
collected pursuant to subsections (2)(a)(I)(A), (2)(a)(I)(B), and (2)(a)(III), AND
(2)(a)(VII) of this section and section 25-7-114.1 (6)(a) attributable to the
increases authorized in 2020 by Senate Bill 20-204 AND IN 2021 BY HOUSE BILL
21-1266 for the following purposes:
(G) Expanding the division's capacity to quickly respond to and better
understand public health issues that are related to exposure to air toxics, such
as benzene and other volatile organic compounds; and
(I) ENABLING OUTREACH TO AND ENGAGEMENT OF
DISPROPORTIONATELY IMPACTED COMMUNITIES; AND
(J) PAYING FOR THE ENVIRONMENTAL JUSTICE OMBUDSPERSON
CREATED IN SECTION 25-1-132.
(h) WITH REGARD TO THE CHANGES MADE IN 2021 BY HOUSE BILL
21-1266:
(I) NOTHING:
(A) ALTERS THE GREENHOUSE GAS EMISSION REDUCTION GOALS
PREVIOUSLY ESTABLISHED IN SECTION 25-7-102 (2)(g), IN EITHER AMOUNT OR
TIMING; OR
(B) DETRACTS FROM THE AIR QUALITY CONTROL COMMISSION'S
EXISTING AUTHORITY TO REQUIRE MORE THAN THE MINIMUM GREENHOUSE GAS
EMISSION REDUCTION GOALS AND DEADLINES PREVIOUSLY ESTABLISHED IN
SECTION 25-7-102 (2)(g); AND
(II) THE CHANGES ADD TO, BUT DO NOT OTHERWISE ALTER, THE AIR
QUALITY CONTROL COMMISSION'S AUTHORITY AND OBLIGATION TO
PROMULGATE AND PUBLISH RULES PURSUANT TO SECTIONS 25-7-102 (2)(g),
25-7-105, AND 25-7-140.
SECTION 10. In Colorado Revised Statutes, 25-7-115, amend (3)(b)
as follows:
25-7-115. Enforcement. (3) (b) If, after any such conference, a
violation or noncompliance is determined to have occurred, the division shall
issue an order requiring the owner or operator or any other responsible person
to comply, unless the owner or operator demonstrates that such THE violation
occurred during a period of start-up, shutdown, or malfunction and timely
notice was given to the division of such THE condition. Such THE order may
include termination, modification, or revocation and reissuance of the subject
permit, and the assessment of civil penalties in accordance with section
25-7-122, Such AND, IN ADDITION TO CIVIL PENALTIES, A REQUIREMENT TO
PERFORM ONE OR MORE PROJECTS TO MITIGATE VIOLATIONS RELATED TO
EXCESS EMISSIONS. THE order may also require the calculation of a
noncompliance penalty under subsection (5) of this section. Unless enforcement
of its order has been stayed as provided in paragraph (b) of subsection (4)
SUBSECTION (4)(b) of this section, the division may seek enforcement, pursuant
to section 25-7-121 or 25-7-122, of the applicable regulation RULE of the
commission, order issued pursuant to section 25-7-121 or 25-7-122 of OR the
applicable regulation RULE of the commission, order issued pursuant to section
25-7-118, requirement of the state implementation plan, provision of this article
ARTICLE 7, or terms or conditions of a permit required pursuant to this article
ARTICLE 7 in the district court for the district where the affected air pollution
source is located. The court shall issue an appropriate order, which may include
a schedule for compliance by the owner or operator of the source.
SECTION 11. In Colorado Revised Statutes, add 25-1-132 as follows:
25-1-132. Environmental justice - ombudsperson - advisory board
- grant program - definitions - repeal. (1) Environmental justice
ombudsperson. (a) THERE IS HEREBY CREATED IN THE DEPARTMENT THE
POSITION OF AN ENVIRONMENTAL JUSTICE OMBUDSPERSON. THE
OMBUSDSPERSON REPORTS TO THE EXECUTIVE DIRECTOR OF THE DEPARTMENT.
THE DEPARTMENT SHALL PROVIDE ADMINISTRATIVE SUPPORT FOR THE
OMBUDSPERSON. THE OMBUDSPERSON OTHERWISE FUNCTIONS INDEPENDENTLY
IN EXERCISING ITS POWERS.
(b) THE GOVERNOR SHALL APPOINT THE OMBUDSPERSON AS SOON AS
PRACTICABLE BUT NO LATER THAN FEBRUARY 1, 2022, AND AS NECESSARY
THEREAFTER TO FILL A VACANCY. PRIOR TO AN APPOINTMENT, THE GOVERNOR
OR THE GOVERNOR'S DESIGNEE SHALL CONSULT WITH, AND MAY RECEIVE
RECOMMENDATIONS FROM, THE ADVISORY BOARD, THE GENERAL ASSEMBLY,
REPRESENTATIVES OF DISPROPORTIONATELY IMPACTED COMMUNITIES, AND
OTHER RELEVANT STAKEHOLDERS REGARDING THE SELECTION OF THE
OMBUDSPERSON.
(c) THE OMBUDSPERSON MUST BE QUALIFIED BY TRAINING OR
EXPERIENCE IN ENVIRONMENTAL JUSTICE, AND SHOULD HAVE BEEN A RESIDENT
OF ONE OR MORE DISPROPORTIONATELY IMPACTED COMMUNITIES OR HAVE
WORKED TO ADVANCE ENVIRONMENTAL JUSTICE WITHIN DISPROPORTIONATELY
IMPACTED COMMUNITIES.
(d) THE OMBUDSPERSON SHALL:
(I) COLLABORATE WITH THE ADVISORY BOARD ESTABLISHED IN
SUBSECTION (2) OF THIS SECTION, FOR THE PURPOSE OF PROMOTING
ENVIRONMENTAL JUSTICE FOR THE PEOPLE OF COLORADO;
(II) SERVE AS AN ADVOCATE FOR DISPROPORTIONATELY IMPACTED
COMMUNITIES AND AS A LIAISON BETWEEN DISPROPORTIONATELY IMPACTED
COMMUNITIES AND THE DEPARTMENT, INCLUDING WITH RESPECT TO
COMMUNICATIONS REGARDING THE GRANT PROGRAM TO FUND ENVIRONMENTAL
MITIGATION PROJECTS;
(III) WORK TO IMPROVE THE RELATIONSHIPS AND INTERACTIONS
BETWEEN DISPROPORTIONATELY IMPACTED COMMUNITIES AND THE
DEPARTMENT;
(IV) INCREASE THE FLOW OF INFORMATION BETWEEN THE DEPARTMENT
AND DISPROPORTIONATELY IMPACTED COMMUNITIES CONCERNING THE
ENVIRONMENT AND DEPARTMENTAL PROGRAMS USING METHODS OF OUTREACH
THAT INCLUDE, AT A MINIMUM:
(A) DISSEMINATING INFORMATION THROUGH LOCAL SCHOOLS, SOCIAL
MEDIA, LOCAL SOCIAL AND ACTIVITY CLUBS, LIBRARIES, OR OTHER LOCAL
SERVICES; AND
(B) PRIORITIZING IN-PERSON MEETINGS IN COMMUNITIES WITH
POPULATIONS THAT ARE PREDOMINANTLY BLACK, INDIGENOUS, LATINO, OR
ASIAN AMERICANS THAT HAVE A MEDIAN INCOME BELOW THE STATE'S
AVERAGE, OR THAT ARE IN RURAL LOCATIONS;
(V) IDENTIFY WAYS TO ENABLE MEANINGFUL PARTICIPATION BY
DISPROPORTIONATELY IMPACTED COMMUNITIES IN THE DECISION-MAKING
PROCESSES OF THE DEPARTMENT;
(VI) COORDINATE WITH THE OFFICE OF HEALTH EQUITY, CREATED IN
SECTION 25-4-2204;
(VII) MAINTAIN A TELEPHONE NUMBER, WEBSITE, E-MAIL ADDRESS,
AND MAILING ADDRESS FOR THE RECEIPT OF COMPLAINTS AND INQUIRIES FOR
MATTERS PERTAINING TO ENVIRONMENTAL JUSTICE;
(VIII) ESTABLISH PROCEDURES TO ADDRESS COMPLAINTS PERTAINING
TO ENVIRONMENTAL JUSTICE TO THE EXTENT PRACTICABLE;
(IX) CONSULT WITH THE DIVISION OF ADMINISTRATION IN REPORTING
TO THE AIR QUALITY CONTROL COMMISSION, CREATED IN SECTION 25-7-104, ON
EQUITABLE PROGRESS TOWARD THE STATE'S GREENHOUSE GAS REDUCTION
GOALS; AND
(X) SERVE IN AN ADVISORY CAPACITY, AS REQUESTED, TO OTHER STATE
AGENCIES CONDUCTING OUTREACH TO AND ENGAGEMENT OF
DISPROPORTIONATELY IMPACTED COMMUNITIES IN LIGHT OF A PROPOSED
AGENCY ACTION.
(2) Environmental justice advisory board. (a) THERE IS HEREBY
CREATED IN THE DEPARTMENT THE ENVIRONMENTAL JUSTICE ADVISORY BOARD.
(b) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION (2), THE
MEMBERS OF THE ADVISORY BOARD ARE APPOINTED BY THE GOVERNOR. THE
GOVERNOR SHALL MAKE THE INITIAL APPOINTMENTS AS SOON AS PRACTICABLE,
BUT NO LATER THAN FOUR MONTHS AFTER THE EFFECTIVE DATE OF THIS
SECTION. AN APPOINTING AUTHORITY MAY REMOVE A MEMBER OF THE
ADVISORY BOARD FOR MALFEASANCE IN OFFICE, FAILURE TO REGULARLY
ATTEND MEETINGS, OR ANY CAUSE THAT RENDERS THE MEMBER UNABLE OR
UNFIT TO DISCHARGE THE MEMBER'S DUTIES.
(c) THE ADVISORY BOARD CONSISTS OF THE FOLLOWING TWELVE
MEMBERS WHO, TO THE EXTENT PRACTICABLE, MUST RESIDE IN DIFFERENT
GEOGRAPHIC AREAS OF THE STATE, REFLECT THE RACIAL AND ETHNIC DIVERSITY
OF THE STATE, AND HAVE EXPERIENCE WITH A RANGE OF ENVIRONMENTAL
ISSUES, INCLUDING AIR POLLUTION, WATER CONTAMINATION, AND PUBLIC
HEALTH IMPACTS:
(I) FOUR VOTING MEMBERS APPOINTED BY THE GOVERNOR, WHO MUST
BE OR HAVE BEEN RESIDENTS OF A DISPROPORTIONATELY IMPACTED
COMMUNITY;
(II) THREE VOTING MEMBERS APPOINTED BY THE GOVERNOR, ONE OF
WHOM MUST BE FROM A NONGOVERNMENTAL ORGANIZATION THAT REPRESENTS
STATEWIDE INTERESTS TO ADVANCE RACIAL JUSTICE, ONE OF WHOM MUST BE
FROM A NONGOVERNMENTAL ORGANIZATION THAT REPRESENTS STATEWIDE
INTERESTS TO ADVANCE ENVIRONMENTAL JUSTICE, AND ONE OF WHOM MUST
REPRESENT WORKER INTERESTS IN DISPROPORTIONATELY IMPACTED
COMMUNITIES;
(III) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT, OR THE
EXECUTIVE DIRECTOR'S DESIGNEE, AS A NONVOTING MEMBER; AND
(IV) FOUR VOTING MEMBERS APPOINTED BY THE EXECUTIVE DIRECTOR
OF THE DEPARTMENT.
(d) (I) EXCEPT AS PROVIDED IN SUBSECTION (2)(d)(II) OF THIS SECTION,
EACH MEMBER'S TERM OF APPOINTMENT IS FOUR YEARS. VOTING MEMBERS MAY
SERVE NO MORE THAN TWO TERMS. THE GOVERNOR SHALL FILL ANY VACANCIES
ON THE ADVISORY BOARD, INCLUDING FOR THE REMAINDER OF ANY UNEXPIRED
TERM. A MEMBER APPOINTED TO FILL A VACANCY MAY SERVE THE REMAINDER
OF THE UNEXPIRED TERM OF THE MEMBER WHOSE VACANCY IS BEING FILLED,
AND THIS REMAINDER COUNTS AS ONE TERM FOR THAT APPOINTEE.
(II) IN ORDER TO ENSURE STAGGERED TERMS OF OFFICE, THE INITIAL
TERM OF TWO MEMBERS APPOINTED BY THE GOVERNOR PURSUANT TO
SUBSECTION (2)(c)(I) OF THIS SECTION, AS SPECIFIED BY THE GOVERNOR, AND
TWO MEMBERS APPOINTED PURSUANT TO SUBSECTION (2)(c)(IV) OF THIS
SECTION AS SPECIFIED BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT IS
TWO YEARS.
(e) (I) EACH VOTING MEMBER OF THE ADVISORY BOARD APPOINTED
PURSUANT TO SUBSECTION (2)(c) OF THIS SECTION IS ENTITLED TO RECEIVE A
PER DIEM OF TWO HUNDRED DOLLARS FOR ATTENDANCE AT REGULARLY
SCHEDULED MEETINGS OF THE BOARD DURING THE 2021-22 STATE FISCAL YEAR.
FOR EACH STATE FISCAL YEAR THEREAFTER, THE PER DIEM AMOUNT SHALL BE
ANNUALLY ADJUSTED FOR INFLATION BASED ON THE PERCENTAGE CHANGE IN
THE UNITED STATES DEPARTMENT OF LABOR'S BUREAU OF LABOR STATISTICS
CONSUMER PRICE INDEX FOR DENVER-AURORA-LAKEWOOD FOR ALL ITEMS PAID
BY ALL URBAN CONSUMERS, OR ITS APPLICABLE SUCCESSOR INDEX. VOTING
MEMBERS OF THE BOARD ARE ALSO ENTITLED TO RECEIVE REIMBURSEMENT FOR
ACTUAL AND NECESSARY EXPENSES INCURRED WHILE PERFORMING OFFICIAL
DUTIES.
(II) THE NONVOTING MEMBER OF THE ADVISORY BOARD MAY NOT
RECEIVE A PER DIEM, BUT MAY BE REIMBURSED FOR ACTUAL AND NECESSARY
EXPENSES INCURRED WHILE PERFORMING OFFICIAL DUTIES.
(f) THE ADVISORY BOARD SHALL ELECT A CHAIR FROM AMONG ITS
MEMBERS EVERY YEAR. THE ADVISORY BOARD SHALL MEET AT LEAST ONCE
EVERY QUARTER. THE CHAIR MAY SCHEDULE ALL SUCH ADDITIONAL MEETINGS
AS ARE NECESSARY FOR THE ADVISORY BOARD TO COMPLETE ITS DUTIES.
(g) THE ADVISORY BOARD SHALL:
(I) SERVE IN AN ADVISORY CAPACITY TO THE OMBUDSPERSON IN THE
PERFORMANCE OF THE DUTIES OF THE OMBUDSPERSON;
(II) HOLD A PORTION OF ADVISORY BOARD MEETINGS FOR THE
OMBUDSPERSON TO JOINTLY RECEIVE STAKEHOLDER INPUT INTO THE ACTIVITIES
AND PRIORITIES OF THE OMBUDSPERSON;
(III) DEVELOP A PUBLIC COMPLAINT PROCESS RELATED TO THE
PERFORMANCE OF THE OMBUDSPERSON;
(IV) DEVELOP RECOMMENDATIONS TO ADDRESS ANY OTHER MATTERS
RELATING TO ADVERSE ENVIRONMENTAL EFFECTS ON DISPROPORTIONATELY
IMPACTED COMMUNITIES AS REFERRED TO THE ADVISORY BOARD BY THE
GOVERNOR OR THE EXECUTIVE DIRECTOR OF THE DEPARTMENT;
(V) DEVELOP POLICIES AS ARE NECESSARY FOR THE CONDUCT OF ITS
AFFAIRS AND ITS MEETINGS, AND POST ALL POLICIES ON ITS WEBSITE, INCLUDING
A CONFLICT OF INTEREST POLICY FOR ITS MEMBERS, WHICH MUST REQUIRE THE
DISCLOSURE OF ANY POTENTIAL FINANCIAL INTEREST OF ANY MEMBER OR
RELATIVE OF ANY MEMBER IN A PROPOSED ENVIRONMENTAL MITIGATION
PROJECT. A BOARD MEMBER WHO HAS A PERSONAL OR FINANCIAL INTEREST IN
AN ENVIRONMENTAL MITIGATION PROJECT UNDER CONSIDERATION SHALL
RECUSE THE BOARD MEMBER FROM ANY VOTE ON THAT PROJECT.
(VI) ADVISE THE DEPARTMENT ON MATTERS TO ENABLE THE
DEPARTMENT TO INTERACT WITH DISPROPORTIONATELY IMPACTED
COMMUNITIES IN THE BEST MANNER POSSIBLE;
(VII) SUPPORT THE IMPLEMENTATION OF A GRANT PROGRAM TO FUND
ENVIRONMENTAL MITIGATION PROJECTS FROM THE COMMUNITY IMPACT CASH
FUND CREATED IN SECTION 25-7-129 IN ACCORDANCE WITH THIS SUBSECTION
(2)(g)(VII) BY PERFORMING THE FOLLOWING DUTIES:
(A) THE ADVISORY BOARD SHALL DEVELOP GUIDELINES FOR A GRANT
PROGRAM TO FUND ENVIRONMENTAL MITIGATION PROJECTS, WITH INPUT FROM
THE DEPARTMENT. THE GUIDELINES MUST INCLUDE: PROCEDURES FOR
APPLICANTS TO SUBMIT APPLICATIONS TO THE BOARD, AND FOR SELECTION OF
ENVIRONMENTAL MITIGATION PROJECTS TO FUND; PROVISIONS TO ENSURE THAT
THE APPLICATIONS ARE CONCISE, STRAIGHTFORWARD, OBJECTIVE, INCLUSIVE,
AND ACCESSIBLE TO ALL INTERESTED PARTIES; A REQUIREMENT THAT THE
APPLICANT DISCLOSE ANY CONFLICT OF INTEREST, SUCH AS A PERSONAL OR
FINANCIAL RELATIONSHIP WITH ANY MEMBER OF THE ADVISORY BOARD; AND
IDENTIFICATION OF ANY INFORMATION NECESSARY TO BE INCLUDED IN AN
APPLICATION TO ENSURE THE ADVISORY BOARD CAN PREPARE THE REPORT
REQUIRED BY SUBSECTION (2)(g)(VII)(C) OF THIS SECTION.
(B) THE ADVISORY BOARD SHALL REVIEW EACH APPLICATION THAT IT
RECEIVES AND MAY AWARD GRANTS, SUBJECT TO APPROPRIATIONS AND
AVAILABLE FUNDING, TO APPLICANTS TO FUND ENVIRONMENTAL MITIGATION
PROJECTS IN DISPROPORTIONATELY IMPACTED COMMUNITIES.
(C) THE ADVISORY BOARD SHALL COMPILE AN ANNUAL REPORT THAT
DETAILS INFORMATION ABOUT THE ENVIRONMENTAL MITIGATION PROJECTS
THAT ARE AWARDED GRANTS, INCLUDING: DETAILS ABOUT THE
DISPROPORTIONATELY IMPACTED COMMUNITY IN WHICH THE PROJECT WILL
TAKE PLACE, INCLUDING INFORMATION ABOUT POLLUTION LEVELS, HEALTH
DISPARITIES, AND DEMOGRAPHICS; THE RELATIONSHIP BETWEEN THE
COMMUNITY, THE PROJECT, AND ANY VIOLATIONS THAT GAVE RISE TO
PENALTIES PAID INTO THE COMMUNITY IMPACT CASH FUND CREATED IN SECTION
25-7-129; THE STATUS OF THE PROJECT, THE ENGAGEMENT BETWEEN THE
PROJECT AND THE COMMUNITY, AND THE REACTION OF THE
DISPROPORTIONATELY IMPACTED COMMUNITY TO THE PROJECT; AND OTHER
DETAILS AS THE ADVISORY BOARD DEEMS APPROPRIATE. THE ANNUAL REPORT
SHALL BE MADE PUBLICLY ACCESSIBLE, INCLUDING ON THE ADVISORY BOARD'S
WEBSITE.
(h) THIS SUBSECTION (2) IS REPEALED, EFFECTIVE SEPTEMBER 1, 2027.
BEFORE THE REPEAL, THE ADVISORY BOARD AND ITS FUNCTIONS ARE
SCHEDULED FOR REVIEW IN ACCORDANCE WITH SECTION 2-3-1203.
(3) Records and meetings. THE ADVISORY BOARD AND THE
OMBUDSPERSON ARE SUBJECT TO ALL THE APPLICABLE REQUIREMENTS OF THE
"COLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE 72 OF TITLE 24, AND THE
OPEN MEETINGS LAW CONTAINED IN PART 4 OF ARTICLE 6 OF TITLE 24.
(4) Definitions. AS USED IN THIS SECTION, UNLESS THE CONTEXT
OTHERWISE REQUIRES:
(a) "ADVISORY BOARD" MEANS THE ENVIRONMENTAL JUSTICE
ADVISORY BOARD CREATED IN SUBSECTION (2) OF THIS SECTION.
(b) "ENVIRONMENTAL MITIGATION PROJECT" MEANS ANY PROJECT THAT
AVOIDS, MINIMIZES, MEASURES, OR MITIGATES ADVERSE ENVIRONMENTAL
IMPACTS IN A DISPROPORTIONATELY IMPACTED COMMUNITY, INCLUDING,
WITHOUT LIMITATION, HEALTH EFFECTS, HEALTH DISPARITIES, AND OTHER
ENVIRONMENTAL IMPACTS OR THAT PROMOTES EQUITABLE PARTICIPATION IN
A RULE-MAKING PROCEEDING THAT MAY AFFECT A DISPROPORTIONATELY
IMPACTED COMMUNITY.
(c) "OMBUDSPERSON" MEANS THE ENVIRONMENTAL JUSTICE
OMBUDSPERSON APPOINTED PURSUANT TO SUBSECTION (1) OF THIS SECTION.
SECTION 12. In Colorado Revised Statutes, amend 25-7-129 as
follows:
25-7-129. Disposition of fines - community impact cash fund -
repeal. (1) THERE IS HEREBY CREATED IN THE STATE TREASURY THE
COMMUNITY IMPACT CASH FUND, REFERRED TO IN THIS SECTION AS THE "FUND".
THE FUND CONSISTS OF MONEY CREDITED TO THE FUND PURSUANT TO
SUBSECTION (2) OF THIS SECTION, AND ANY OTHER MONEY THAT THE GENERAL
ASSEMBLY MAY APPROPRIATE OR TRANSFER TO THE FUND. THE STATE
TREASURER SHALL CREDIT ALL INTEREST AND INCOME DERIVED FROM THE
DEPOSIT AND INVESTMENT OF MONEY IN THE FUND TO THE FUND. ANY
UNEXPENDED AND UNENCUMBERED MONEY REMAINING IN THE FUND AT THE
END OF ANY FISCAL YEAR REMAINS IN THE FUND.
(2) (a) All receipts from penalties or fines collected under the
provisions of sections 25-7-115, 25-7-122, and 25-7-123 shall be credited to the
general fund of the state IN THE FOLLOWING MANNER:
(I) FOR STATE FISCAL YEAR 2021-22, TWENTY PERCENT OF THE
RECEIPTS FROM PENALTIES OR FINES COLLECTED DURING THE FISCAL YEAR
SHALL BE CREDITED TO THE FUND, AND EIGHTY PERCENT TO THE GENERAL
FUND;
(II) FOR STATE FISCAL YEAR 2022-23, FORTY PERCENT OF THE RECEIPTS
FROM PENALTIES OR FINES COLLECTED DURING THE FISCAL YEAR SHALL BE
CREDITED TO THE FUND, AND SIXTY PERCENT TO THE GENERAL FUND;
(III) FOR STATE FISCAL YEAR 2023-24, SIXTY PERCENT OF THE RECEIPTS
FROM PENALTIES OR FINES COLLECTED DURING THE FISCAL YEAR SHALL BE
CREDITED TO THE FUND, AND FORTY PERCENT TO THE GENERAL FUND;
(IV) FOR STATE FISCAL YEAR 2024-25, EIGHTY PERCENT OF THE
RECEIPTS FROM PENALTIES OR FINES COLLECTED DURING THE FISCAL YEAR
SHALL BE CREDITED TO THE FUND, AND TWENTY PERCENT TO THE GENERAL
FUND; AND
(V) FOR STATE FISCAL YEAR

Senate Journal, June 7
After consideration on the merits, the Committee recommends that HB21-1266 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 15, strike lines 4 through 20 and insert:

"SECTION 6. Appropriation. (1) For the 2021-22 state fiscal year,
$2,550,218 is appropriated to the department of public health and environment.
This appropriation consists of $2,172,376 from the general fund and $377,842
from the community impact cash fund created in section 25-7-129 (1), C.R.S..
To implement this act, the department may use this appropriation as follows:
(a) $1,417,544, which consists of $1,070,172 from the general fund and
$347,372 from the community impact cash fund for use by the air pollution
control division for personal services related to stationary sources, which
amount is based on an assumption that the division will require an additional
20.4 FTE;
(b) $510,353, which consists of $479,882 from the general fund and
$30,470 from the community impact cash fund for use by the air pollution
control division for operating costs related to stationary sources;
(c) $382,680 from the general fund for the purchase of legal services;
and
(d) $239,642 from the general fund for the purchase of information
technology services.
(2) For the 2021-22 state fiscal year, $382,680 is appropriated to the
department of law. This appropriation is from reappropriated funds received
from the department of public health and environment under subsection (1)(c)
of this section and is based on an assumption that the department of law will
require an additional 2.0 FTE. To implement this act, the department of law
may use this appropriation to provide legal services for the department of public
health and environment.
(3) For the 2021-22 state fiscal year, $239,642 is appropriated to the
office of the governor for use by the office of information technology. This
appropriation is from reappropriated funds received from the department of
public health and environment under subsection (1)(d) of this section. To
implement this act, the office may use this appropriation to provide information
technology services for the department of public health and environment.
(4) For the 2021-22 state fiscal year, $146,703 is appropriated to the
office of the governor for use by the Colorado energy office. This appropriation
is from the general fund and is based on an assumption that the office will
require an additional 1.8 FTE. To implement this act, the office may use this
appropriation for program costs.".


Senate Journal, June 7
HB21-1266 by Representative(s) Jackson, Bacon, Benavidez, Caraveo, Cutter, Duran, Exum, Gonzales-
Gutierrez, Gray, Jodeh, Kennedy, Kipp, Ortiz, Sirota, Titone, Valdez A., Woodrow; also
Senator(s) Winter and Buckner--Concerning efforts to redress the effects of environmental
injustice on disproportionately impacted communities, and, in connection therewith, making
an appropriation.

Amendment No. 1, Finance Committee Amendment.
(Printed in Senate Journal, June 7, page(s) 1404-1419 and placed in members' bill files.)

Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, June 7, page(s) 1424-1425 and placed in members' bill files.)

Amendment No. 3(L.013), by Senator Winter.

Amend the Finance Committee Report, dated June 7, 2021, page 3, line 26,
strike "PROMULGATE AND PUBLISH" and substitute "PUBLISH AND
PROMULGATE".

Page 8, line 19, strike "PROMULGATE AND PUBLISH" and substitute "PUBLISH
AND PROMULGATE".

Page 22, line 35, after "THE" insert "AIR QUALITY CONTROL".

Page 22, line 39, after "THE" insert "AIR QUALITY CONTROL".

Page 22, lines 40 and 41, strike "PROMULGATE AND PUBLISH" and substitute
"PUBLISH AND PROMULGATE".

Page 24, line 19, strike "PROMULGATE AND PUBLISH" and substitute "PUBLISH
AND PROMULGATE".

Page 25, line 27, after "THE" insert "AIR QUALITY CONTROL".

Page 25, lines 32 and 33, strike "PROMULGATE AND PUBLISH" and substitute
"PUBLISH AND PROMULGATE".

Page 25, line 31, after "THE" insert "AIR QUALITY CONTROL".


Amendment No. 4(L.023), by Senator Winter.

Amend the Finance Committee Report, dated June 7, 2021, page 16, line 20,
strike "SECTION 25-7-102 (1)(e)(XII) AND (1)(e)(XIII)" and substitute
"SUBSECTIONS (1)(e)(XII) AND (1)(e)(XIII) OF THIS SECTION.".

Page 20, line 40, strike "2005" and substitute "2015".


Amendment No. 5(L.025), by Senator Winter.

Amend the Finance Committee Report, dated June 7, 2021, page 17, line 27,
strike "INTENDS TO FILE A CLEAN ENERGY" and "IS REQUIRED TO FILE AN
ELECTRIC RESOURCE".

Page 17, line 36, strike "THAT IS NOT" and substitute "OTHER THAN AN" and
after "INVESTOR-OWNED" insert "UTILITY".

Page 17, line 38, after "PLAN" insert "PURSUANT TO THIS SUBSECTION
(1)(e)(VIII)(J)".


As amended, ordered revised and placed on the calendar for third reading and final
passage.


Senate Journal, June 7
HB21-1266 by Representative(s) Jackson, Bacon, Benavidez, Caraveo, Cutter, Duran, Exum, Gonzales-
Gutierrez, Gray, Jodeh, Kennedy, Kipp, Ortiz, Sirota, Titone, Valdez A., Woodrow; also
Senator(s) Winter and Buckner--Concerning efforts to redress the effects of environmental
injustice on disproportionately impacted communities, and, in connection therewith, making
an appropriation.

Senator Lundeen moved to amend the report of the Committee of the Whole to show that
the following Senate floor Amendment, (L.021) to HB21-1266, did pass.

Amend the Finance Committee Report, dated June 7, 2021, page 20, line 24,
strike "THIRTY-SIX" and substitute "TWENTY-SIX" and strike "SIXTY" and
substitute "FIFTY".

Less than a majority of all members elected to the Senate having voted in the affirmative,
the amendment to the report of the Committee of the Whole was lost on the following roll
call vote:

YES 13 NO 19 EXCUSED 3 ABSENT 0
Bridges N Gardner Y Lee N Simpson Y
Buckner N Ginal N Liston Y Smallwood Y
Coleman N Gonzales N Lundeen Y Sonnenberg Y
Cooke Y Hansen N Moreno N Story N
Coram Y Hisey Y Pettersen N Winter N
Danielson N Holbert Y Priola Y Woodward Y
Donovan E Jaquez Lewis N Rankin Y Zenzinger N
Fenberg N Kirkmeyer E Rodriguez N President N
Fields N Kolker N Scott E





BILL HB21-1268


Concerning a requirement that Colorado institutions of higher education study potential uses of emerging technologies to more effectively manage Colorado's water supply, and, in connection therewith, making an appropriation conditioned on the receipt of matching funds from gifts, grants, and donations.



The act declares that new technologies, such as blockchain, telemetry, improved sensors, and advanced aerial observation platforms, can improve monitoring, management, conservation, and allocation of water to fulfill obligations under Colorado water law and enhance confidence in the reliability of data underlying water rights transactions. To advance the potential use of these new technologies, the act:


The universities are directed to report on the amounts and sources of money received through gifts, grants, and donations and the purposes to which those amounts were devoted, on their websites, in any published reports produced by the universities, and in the annual "SMART Act" hearings held by the general assembly.

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



Status
4/9/2021 Introduced In House - Assigned to Agriculture, Livestock, & Water
4/26/2021 House Committee on Agriculture, Livestock, & Water Refer Amended to Appropriations
5/11/2021 House Committee on Appropriations Refer Amended to House Committee of the Whole
5/11/2021 House Second Reading Special Order - Passed with Amendments - Committee, Floor
5/12/2021 House Third Reading Passed - No Amendments
5/13/2021 Introduced In Senate - Assigned to Agriculture & Natural Resources
5/19/2021 Senate Committee on Agriculture & Natural Resources Refer Unamended to Appropriations
5/24/2021 Senate Committee on Appropriations Refer Unamended - Consent Calendar to Senate Committee of the Whole
5/24/2021 Senate Second Reading Special Order - Passed - No Amendments
5/25/2021 Senate Third Reading Passed - No Amendments
6/16/2021 Signed by the Speaker of the House
6/16/2021 Signed by the President of the Senate
6/17/2021 Sent to the Governor
6/18/2021 Governor Signed

Amendment

House Journal, April 27
31 HB21-1268 be amended as follows, and as so amended, be referred to
32 the Committee on Appropriations with favorable
33 recommendation:
34
35 Amend printed bill, page 5, after line 17 insert:
36
37 "(4) EACH OF THE UNIVERSITIES SHALL:
38 (a) REPORT AND REGULARLY UPDATE ON ITS WEBSITE THE AMOUNT
39 AND SOURCE OF MONEY RECEIVED PURSUANT TO SUBSECTION (2) OF THIS
40 SECTION AND, IF THE MONEY IS A GIFT, GRANT, OR DONATION, THE
41 IDENTITY OF THE DONOR AND THE PURPOSE AND PERIOD OF TIME FOR
42 WHICH THE MONEY IS AVAILABLE;
43 (b) REPORT ANNUALLY THE AMOUNT AND SOURCE OF MONEY
44 RECEIVED PURSUANT TO SUBSECTION (2) OF THIS SECTION IN THE PRIOR
45 STATE FISCAL YEAR AT THE HEARING REQUIRED BY THE "STATE
46 MEASUREMENT FOR ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT
47 (SMART) GOVERNMENT ACT", PART 2 OF ARTICLE 7 OF TITLE 2, AND, IF
48 THE MONEY IS A GIFT, GRANT, OR DONATION, THE NAME OF THE SOURCE OF
49 THE MONEY AND THE GRANTEE; AND
50 (c) INCLUDE THE INFORMATION SPECIFIED IN SUBSECTION (4)(a) OF
51 THIS SECTION IN ANY PUBLISHED REPORT ON THE OUTCOME OF ANY
52 FEASIBILITY STUDY OR PILOT DEPLOYMENT AND ANY PUBLISHED
53 RECOMMENDATIONS BASED ON THAT OUTCOME.".
54
55 Renumber succeeding subsection accordingly.
1 FINANCE
2 After consideration on the merits, the Committee recommends the
3 following:
4

House Journal, May 11
17 HB21-1268 be amended as follows, and as so amended, be referred to
18 the Committee of the Whole with favorable
19 recommendation:
20
21 Amend printed bill, page 7, line 9 strike "for the".
22
23 Page 7, strike lines 10 and 11 and substitute:
24
25 "as follows:
26 (a) $20,000 for the board of governors of the Colorado state
27 university system; and
28 (b) $20,000 for the regents of the university of Colorado.".
29
30

House Journal, May 11
51 Amendment No. 1, Appropriations Report, dated May 11, 2021, and
52 placed in member's bill file; Report also printed in House Journal, May
53 11, 2021.
54
55
1 Amendment No. 2, Agriculture, Livestock, & Water Report, dated April
2 26, 2021, and placed in member's bill file; Report also printed in House
3 Journal, April 27, 2021.
4
5 Amendment No. 3, by Representative Titone.
6
7 Amend printed bill, page 2, line 6, strike "trading" and substitute
8 "allocation".
9
10 Page 3, line 3, after "report -" insert "legislative declaration -".
11
12 Page 3, line 9, strike "TRADING" and substitute "ALLOCATION".
13
14 Page 3, line 25, strike "USE, TRADING," and substitute "USE; FULFILLMENT
15 OF OBLIGATIONS UNDER COLORADO'S SYSTEM OF PRIOR APPROPRIATION,
16 INCLUDING AUGMENTATION PLANS;".
17
18 Page 3, line 26, before "CONSERVATION." insert "WATER".
19
20 Page 4, line 15, after the period add "THE GENERAL ASSEMBLY FINDS,
21 DETERMINES, AND DECLARES THAT NOTHING IN THIS SECTION SHALL BE
22 CONSTRUED TO ENCOURAGE OR ENABLE SPECULATION IN WATER OR
23 WATER RIGHTS.".
24
25 As amended, ordered engrossed and placed on the Calendar for Third
26 Reading and Final Passage.
27




BILL HB21-1292


Concerning a requirement for reporting revenues derived from sports betting activity.



The division of gaming within the department of revenue currently publishes on its website monthly and annual public reports of revenues, expenses, and other information from limited gaming activity in Central City, Black Hawk, and Cripple Creek. The act requires similar reporting for revenue associated with sports betting. To protect the privacy of owners of sports betting venues, when the number of licensees in any of the cities is less than 3, the act requires aggregation of data from that city with data from another city.

If the use of aggregated data results in a property valuation that the casino owner or other taxpayer believes is inaccurate, the act permits the taxpayer to submit additional information to the county assessor, subject to strict confidentiality requirements that continue throughout the property valuation process and any subsequent appeals or court proceedings.

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



Status
4/22/2021 Introduced In House - Assigned to Business Affairs & Labor
5/5/2021 House Committee on Business Affairs & Labor Witness Testimony and/or Committee Discussion Only
5/12/2021 House Committee on Business Affairs & Labor Refer Amended to House Committee of the Whole
5/17/2021 House Second Reading Laid Over Daily - No Amendments
5/18/2021 House Second Reading Passed with Amendments - Committee
5/19/2021 House Third Reading Passed - No Amendments
5/19/2021 Introduced In Senate - Assigned to Finance
5/24/2021 Senate Committee on Finance Refer Unamended to Senate Committee of the Whole
5/26/2021 Senate Second Reading Passed - No Amendments
5/27/2021 Senate Third Reading Passed - No Amendments
6/11/2021 Signed by the Speaker of the House
6/11/2021 Signed by the President of the Senate
6/11/2021 Sent to the Governor
7/6/2021 Signed by Governor
7/6/2021 Governor Signed

Amendment

House Journal, May 13
10 HB21-1292 be amended as follows, and as so amended, be referred to
11 the Committee of the Whole with favorable
12 recommendation:
13
14 Amend printed bill, page 3, line 21, strike "CASINO" and substitute
15 "CASINO,".
16
17 Page 3, strike line 22 and substitute "WHETHER SPORTS".
18
19 Page 3, strike lines 26 and 27 and substitute "CASINO'S REAL PROPERTY,
20 THE COUNTY ASSESSOR".
21
22 Page 4, line 10, strike "AND".
23
24 Page 4, after line 25 insert:
25
26 "(D) ONLY USE SUCH AGGREGATED INFORMATION OR
27 INFORMATION PROVIDED BY THE TAXPAYER THAT ESTABLISHES INCOME
28 ACTUALLY RECEIVED BY THE CASINO BECAUSE THE CASINO CONDUCTS
29 SPORTS BETTING ON ITS LICENSED PREMISES, EITHER DIRECTLY OR BY
30 CONTRACTING WITH A LICENSED SPORTS BETTING OPERATOR; OR
31 CONTRACTS WITH A THIRD PARTY SO THAT THE THIRD PARTY MAY
32 CONDUCT A LICENSED ONLINE SPORTS BETTING OPERATION IN
33 CONJUNCTION WITH THE CASINO'S MASTER LICENSE.".
34
35

House Journal, May 18
10 Amendment No. 1, Business Affairs & Labor Report, dated May 12,
11 2021, and placed in member's bill file; Report also printed in House
12 Journal, May 13, 2021.
13
14 As amended, ordered engrossed and placed on the Calendar for Third
15 Reading and Final Passage.
16




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.



The act requires the state treasurer to transfer $6 million from the general fund to the forest restoration and wildfire risk mitigation grant program cash fund.

The state treasurer is also required 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:


The state treasurer is also required 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 this bill as enacted.)



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 act 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 act 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: This summary applies to this bill as enacted.)



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 act creates the "Traveling Animal Protection Act" (Act), which prohibits a person from causing the performance of specified animals, such as whales, dolphins, wild cats, marsupials, nonhuman primates, rhinoceroses, seals, elephants, large birds, penguins, and bears, in a traveling animal act. The Act exempts the use of livestock and alternative livestock.

The Act also exempts the use of the specified animals by or at:


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 this bill as enacted.)



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
4/12/2021 House Committee on Agriculture, Livestock, & Water Refer Amended to House Committee of the Whole
4/15/2021 House Second Reading Laid Over Daily - No Amendments
4/16/2021 House Second Reading Passed with Amendments - Committee
4/19/2021 House Third Reading Passed - No Amendments
4/21/2021 Senate Considered House Amendments - Result was to Not Concur - Request Conference Committee
4/29/2021 House Consideration of First Conference Committee Report result was to Adopt Committee Report - Repass
4/30/2021 Senate Consideration of First Conference Committee Report result was to Adopt Committee Report - Repass
5/6/2021 Signed by the President of the Senate
5/6/2021 Sent to the Governor
5/6/2021 Signed by the Speaker of the House
5/14/2021 Governor Signed

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


House Journal, April 13
39 SB21-135 be amended as follows, and as so amended, be referred to
40 the Committee of the Whole with favorable
41 recommendation:
42
43 Amend reengrossed bill, page 4, line 4, strike "OR".
44
45 Page 4, line 8, after "ORGANIZATIONS;" add "OR
46 (III) FACILITY WITH A ZOOLOGICAL PARK LICENSE ISSUED BY THE
47 DIVISION OR A CLASS C LICENSE ISSUED BY THE UNITED STATES
48 DEPARTMENT OF AGRICULTURE.".
49
50 Page 4, line 22, strike "OR".
51
52 Page 4, line 27, strike "CUSTOMERS." and substitute "CUSTOMERS; OR
53 (f) AT A RODEO OR COUNTY FAIR.".
54
55
1 FINANCE
2 After consideration on the merits, the Committee recommends the
3 following:
4

House Journal, April 16
5 Amendment No. 1, Agriculture, Livestock, & Water Report, dated
6 April 13, 2021, and placed in member's bill file; Report also printed in
7 House Journal, April 13, 2021.
8
9 As amended, ordered revised and placed on the Calendar for Third
10 Reading and Final Passage.
11

Senate Journal, April 28
SB21-135 by Senator(s) Ginal and Zenzinger; also Representative(s) Duran and Froelich--Concerning
a prohibition on the use of certain animals in a traveling animal act.


FIRST REPORT OF FIRST CONFERENCE COMMITTEE
ON SB21-135


*****************************
THIS REPORT AMENDS THE
REREVISED BILL
*****************************


To the President of the Senate and the
Speaker of the House of Representatives:

Your first conference committee appointed on SB21-135, concerning a
prohibition on the use of certain animals in a traveling animal act, has met and
reports that it has agreed upon the following:

That the Senate accede to the House amendments made to the bill, as the
amendments appear in the rerevised bill, with the following changes:

Amend rerevised bill, page 3, after line 8 insert:


"(d) "RODEO" MEANS A COMPETITION INVOLVING LIVESTOCK, AS
DEFINED IN SECTION 35-80-102 (9); ALTERNATIVE LIVESTOCK, AS DEFINED IN
SECTION 35-41.5-102 (1); OR BOTH.".

Reletter succeeding paragraph accordingly.

Page 4, line 4, after "SANCTUARY;" insert "OR".


Page 4, strike lines 8 through 11 and substitute "SUCCESSOR ORGANIZATIONS.".

Respectfully submitted,

Senate Committee: House Committee:

(signed) (signed)
Sen. Zenzinger, Chair Rep. Duran
Sen. Ginal Rep. Froelich
Sen. Sonnenberg Rep. Pelton





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.



The act continues the forest health advisory council for 5 years, until 2026.

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



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
5/3/2021 House Committee on Agriculture, Livestock, & Water Refer Unamended to Appropriations
5/11/2021 House Committee on Appropriations Refer Unamended to House Committee of the Whole
5/11/2021 House Second Reading Laid Over Daily - No Amendments
5/12/2021 House Second Reading Passed - No Amendments
5/13/2021 House Third Reading Passed - No Amendments
5/18/2021 Signed by the President of the Senate
5/19/2021 Signed by the Speaker of the House
5/19/2021 Sent to the Governor
5/28/2021 Governor Signed


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 prior to January 1, 2021. The act 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 this bill as enacted.)



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
4/13/2021 Signed by the President of the Senate
4/13/2021 Signed by the Speaker of the House
4/14/2021 Sent to the Governor
4/22/2021 Governor Signed


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, and, in connection therewith, making an appropriation.

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:

The bill appropriates the following amounts to the following departments 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.)



Status
3/8/2021 Introduced In Senate - Assigned to Judiciary
4/1/2021 Senate Committee on Judiciary Lay Over Amended
5/6/2021 Senate Committee on Judiciary Refer Amended to Appropriations
5/24/2021 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
5/26/2021 Senate Second Reading Passed with Amendments - Committee, Floor
5/27/2021 Senate Third Reading Passed - No Amendments
6/1/2021 Introduced In House - Assigned to Judiciary
6/3/2021 House Committee on Judiciary Witness Testimony and/or Committee Discussion Only
6/7/2021 House Committee on Judiciary Postpone Indefinitely

Amendment

Senate Journal, May 24
After consideration on the merits, the Committee recommends that SB21-176 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend the Judiciary Committee Report, dated May 6, 2021, page 14, after line
28 insert:

"SECTION 13. Appropriation. (1) For the 2021-22 state fiscal year,
$539,292 is appropriated to the department of corrections for use by support
services. This appropriation is from the general fund. To implement this act,
the department may use this appropriation as follows:
(a) $493,992 for personal services related to the personnel subprogram,
which amount is based on an assumption that the department will require an
additional 6.0 FTE;
(b) $3,000 for operating expenses related to the personnel subprogram;
(c) $37,200 for personnel start-up related to the personnel subprogram;
(d) $2,700 for operating expenses related to the communications
subprogram; and
(d) $2,400 for operating expenses related to the information systems
subprogram.
(2) For the 2021-22 state fiscal year, $71,905 is appropriated to the
department of education for use by management and administration. This
appropriation is from the general fund and is based on an assumption that the
department will require an additional 0.8 FTE. To implement this act, the
department may use this appropriation for general department and program
administration.
(3) For the 2021-22 state fiscal year, $134,823 is appropriated to the
office of the governor. This appropriation is from the general fund. To
implement this act, the office may use this appropriation as follows:
(a) $44,941 for use by the office of the governor for administration of
governor's office and residence, which amount is based on an assumption that
the office will require an additional 0.5 FTE; and
(b) $89,882 for use by the office of information technology for central
administration, which amount is based on an assumption that the office will
require an additional 1.0 FTE.
(4) For the 2021-22 state fiscal year, $22,471 is appropriated to the
department of health care policy and financing for use by the executive
director's office. This appropriation is from the general fund and is based on an
assumption that the office will require an additional 0.5 FTE. To implement this
act, the office may use this appropriation for personal services.
(5) For the 2021-22 state fiscal year, the general assembly anticipates
that the department of health care policy and financing will receive $22,470 in
federal funds for use by the executive director's office for personal services to
implement this act. The appropriation in subsection (4) of this section is based
on the assumption that the department will receive this amount of federal funds,
which is subject to the "(I)" notation as defined in the annual general
appropriation act for the same fiscal year.
(6) For the 2021-22 state fiscal year, $449,410 is appropriated to the
department of human services for use by the executive director's office. This
appropriation is from the general fund and is based on an assumption that the
office will require an additional 5.0 FTE. To implement this act, the office may
use this appropriation for personal services.
(7) For the 2021-22 state fiscal year, $449,410 is appropriated to the
judicial department. This appropriation is from the general fund. To implement
this act, the office may use this appropriation as follows:
(a) $334,728 for use by courts administration for general courts
administration, which amount is based on an assumption that courts
administration will require an additional 4.0 FTE;
(b) $24,800 for use by courts administration for capital outlay related to
central appropriations; and
(c) $89,882 for use by the office of the state public defender for personal
services, which amount is based on an assumption that the office will require
an additional 1.0 FTE.
(8) For the 2021-22 state fiscal year, $107,858 is appropriated to the
department of labor and employment for use by the executive director's office.
This appropriation is from the general fund and is based on an assumption that
the office will require an additional 1.2 FTE. To implement this act, the office
may use this appropriation for personal services.
(9) For the 2021-22 state fiscal year, $401,180 is appropriated to the
department of law. This appropriation consists of $44,941 from the general fund
and $356,239 from reappropriated funds received from the department of
personnel under subsection (11)(d) of this section and from the department of
regulatory agencies under subsection (14)(d) of this section. To implement this
act, the department may use this appropriation as follows:
(a) $44,941 from the general fund for use by administration for personal
services, which amount is based on an assumption that the department will
require an additional 0.5 FTE; and
(b) $356,239 from reappropriated funds received from and to provide
legal services for the department of personnel and the department of regulatory
agencies under subsections (11)(d) and (14)(d) of this section, which amount
is based on an assumption that the department will require an additional 2.0
FTE.
(10) For the 2021-22 state fiscal year, $134,823 is appropriated to the
department of natural resources for use by the executive director's office. This
appropriation is from the general fund and is based on an assumption that the
office will require an additional 1.5 FTE. To implement this act, the office may
use this appropriation for personal services.
(11) For the 2021-22 state fiscal year, $630,465 is appropriated to the
department of personnel. This appropriation is from the general fund. To
implement this act, the department may use this appropriation as follows:
(a) $52,967 for use by risk management services for personal services,
which amount is based on an assumption that the department will require an
additional 0.9 FTE;
(b) $7,550 for use by risk management services for operating expenses;
(c) $58,460 for use by the state personnel board for personal services,
which amount is based on an assumption that the board will require an
additional 0.6 FTE; and
(d) $511,488 for the purchase of legal services, which amount consists
of $340,288 for the purchase of legal services from the department of law and
$171,200 for the purchase of legal services from outside council.
(12) For the 2021-22 state fiscal year, $125,835 is appropriated to the
department of public health and environment for use by administration and
support. This appropriation is from the general fund and is based on an
assumption that the department will require an additional 1.4 FTE. To
implement this act, the department may use this appropriation for personal
services related to administration.
(13) For the 2021-22 state fiscal year, $161,788 is appropriated to the
department of public safety for use by the executive director's office. This
appropriation is from the general fund and is based on an assumption that the
office will require an additional 1.8 FTE. To implement this act, the office may
use this appropriation for personal services related to administration.
(14) For the 2021-22 state fiscal year, $652,879 is appropriated to the
department of regulatory agencies. This appropriation is from the general fund.
To implement this act, the department may use this appropriation as follows:
(a) $44,941 for use by the executive director's office for personal
services, which amount is based on an assumption that the office will require
an additional 0.5 FTE;
(b) $491,487 for use by the civil rights division for personal services,
which amount is based on an assumption that the division will require an
additional 9.2 FTE;
(c) $100,500 for use by the civil rights division for operating expenses;
and
(d) $15,951 for the purchase of legal services.
(15) For the 2021-22 state fiscal year, $134,823 is appropriated to the
department of revenue for use by the executive director's office. This
appropriation is from the general fund and is based on an assumption that the
office will require an additional 1.5 FTE. To implement this act, the office may
use this appropriation for personal services related to administration and
support.
(16) For the 2021-22 state fiscal year, $269,646 is appropriated to the
department of transportation. This appropriation is from the state highway fund
created in section 43-1-219, C.R.S., and is based on an assumption that the
department will require an additional 3.0 FTE. To implement this act, the
department may use this appropriation for administration.".

Page 14 of the report, line 29, strike "13." and substitute "14.".

Page 14 of the report, after line 40 insert:

"Page 1 of the bill, line 102, strike "PRACTICES." and substitute "PRACTICES,
AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.".".


Appro-
priations


Senate Journal, May 26
SB21-176 by Senator(s) Winter and Pettersen, Jaquez Lewis, Buckner, Danielson, Ginal, Gonzales,
Hansen, Kolker, Story; also Representative(s) Lontine and Gray, Bernett, Caraveo, Cutter,
Esgar, Froelich, Jackson, Jodeh, Kipp, McLachlan, Titone, Young--Concerning protections
for Colorado workers against discriminatory employment practices.

Amendment No. 1, Judiciary Committee Amendment.
(Printed in Senate Journal, May 7, page(s) 809-816 and placed in members' bill files.)

Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, May 24, page(s) 1069-1071 and placed in members' bill files.)

Amendment No. 3(L.020), by Senator Winter.

Amend the Judiciary Committee Report, dated May 6, 2021, page 4, strike lines
1 and 2 and substitute "division to develop. THE DIVISION SHALL".

Page 4, line 5, strike "CIVILITY." and substitute "CIVILITY IN COMPLIANCE WITH
PART 4 OF THIS ARTICLE 34.".

Page 4, line 6, strike "COMMISSION" and substitute "DIVISION".

Page 4, line 17, strike "DISCRIMINATION, HOSTILITY, OR" and substitute
"DISCRIMINATION AND".

Page 6, line 15, strike "INDIVIDUAL employed by" and substitute "employed by
INDIVIDUAL PERFORMING LABOR OR SERVICES FOR".

Page 6, strike lines 21 through 41.

Page 7, strike lines 1 through 12 and substitute "EVIDENCE THAT THE
INDIVIDUAL SATISFIES THE CONDITIONS SPECIFIED IN SECTION 8-4-101 (5) FOR
A DETERMINATION THAT THE INDIVIDUAL IS NOT AN EMPLOYEE. A
DETERMINATION THAT AN INDIVIDUAL IS NOT AN EMPLOYEE FOR PURPOSES OF
THIS PART 4 DOES NOT AFFECT RIGHTS OR LIABILITIES UNDER ANY OTHER LAW
OR AGREEMENT.
(II) EVERY WRITTEN, ELECTRONIC, OR ORAL CONTRACT OR AGREEMENT
BETWEEN A PERSON FOR WHOM SERVICES ARE PERFORMED AND AN INDIVIDUAL
PERFORMING THE SERVICES WHO IS NOT AN EMPLOYEE, AS DETERMINED
PURSUANT TO SECTION 8-4-101 (5), SHALL IMPOSE A REQUIREMENT THAT THE
PERSON FOR WHOM THE SERVICES ARE PERFORMED SHALL NOT ENGAGE IN ANY
DISCRIMINATORY OR UNFAIR EMPLOYMENT PRACTICE SPECIFIED IN SECTION
24-34-402 (1) WITH RESPECT TO THE INDIVIDUAL PERFORMING THE SERVICES.".

Page 7, line 16, after "INDIVIDUAL'S" insert "MEMBERSHIP IN A PROTECTED
CLASS BASED ON".

Page 7, line 25, strike "WITH" and substitute "IN THE SAME PROTECTED CLASS
OR WHO SHARES".

Page 7, line 29, strike "WITH" and substitute "IN THE SAME PROTECTED CLASS
OR WHO SHARES".

Page 8, strike line 9 and substitute "(1)(j), (1.5), and (8) as follows:".
Page 9, line 1, after "REASONABLE," insert "AND, IF WARRANTED,".

Page 10, line 31, strike "OF AN EMPLOYEE'S" and substitute "OF, OR FAIL TO
TAKE PROMPT, REASONABLE, AND, IF WARRANTED, REMEDIAL ACTION IN
RESPONSE TO, A".

Page 10, strike lines 33 and 34 and substitute "DISCRIMINATION, OR
RETALIATION.".

Page 10, line 35, strike "CLAIMS" and substitute "PROVES".

Page 10, line 39, strike "END THE" and substitute "PREVENT".

Page 11, line 3, strike "A" and substitute "AN ADMISSIBLE".

Page 11, after line 10 insert:

"(8) THE CAREGIVER STATUS PROTECTIONS IN THIS SECTION DO NOT
REQUIRE AN EMPLOYER TO MAKE SPECIAL ACCOMMODATIONS FOR AN
EMPLOYEE WHO IS A CAREGIVER SO LONG AS THE EMPLOYER APPLIES ITS
POLICIES RELATED TO LEAVE, SCHEDULING, ABSENTEEISM, WORK
PERFORMANCE, AND BENEFITS IN A MANNER THAT IS NOT DISCRIMINATORY OR
UNFAIR UNDER SUBSECTION (1) OF THIS SECTION.".

Page 12, line 8, strike "PROVISION:" and substitute "PROVISION APPLIES".

Page 12, strike line 9.

Page 12, line 10, strike "(B) APPLIES".

Page 12, strike lines 21 through 28 and substitute:

"(IV) THE AGREEMENT INCLUDES A CONDITION THAT IF ANY PARTY TO
THE AGREEMENT MAKES A MATERIAL MISREPRESENTATION ABOUT ANOTHER
PARTY TO THE AGREEMENT, THE PARTY MAKING THE MATERIAL
MISREPRESENTATION MAY NOT ENFORCE ANY NONDISCLOSURE PROVISION OR
ASSOCIATED LIQUIDATED DAMAGES PROVISION IN THE AGREEMENT AGAINST
ANY OTHER PARTY, BUT ALL REMAINING TERMS OF THE AGREEMENT REMAIN
ENFORCEABLE.".

Page 12, line 36, strike "ALLOW" and substitute "INSTRUCT".

Page 13, line 23, strike "DEVELOPED" and substitute "PROVIDED".

Page 13, line 24, strike "COMMISSION" and substitute "DIVISION".

Page 14, strike lines 14 through 20.


Amendment No. 4(L.037), by Senator Winter.

Amend the Winter floor amendment (SB176_L.020), page 2, strike line 7 and
substitute "RETALIATION. NOTHING IN THIS SUBSECTION (1)(j) REQUIRES AN
INSTITUTION OF HIGHER EDUCATION, AS DEFINED IN SECTION 23-5-146 (1)(d),
TO VIOLATE FEDERAL LAW OR REGULATION OR TO FOREGO ACCESS TO FEDERAL
MONEY AVAILABLE TO THE INSTITUTION OR ITS STUDENTS.".".

As amended, ordered engrossed and placed on the calendar for third reading and final
passage.

(For further action, see amendments to the report of the Committee of the Whole.)


Senate Journal, May 26
SB21-176 by Senator(s) Winter and Pettersen, Jaquez Lewis, Buckner, Danielson, Ginal, Gonzales,
Hansen, Kolker, Story; also Representative(s) Lontine and Gray, Bernett, Caraveo, Cutter,
Esgar, Froelich, Jackson, Jodeh, Kipp, McLachlan, Titone, Young--Concerning protections
for Colorado workers against discriminatory employment practices.

Senator Kirkmeyer moved to amend the report of the Committee of the Whole to show
that the following Kirkmeyer floor amendment, (L.039) to SB21-176, did pass.

Amend the Judiciary Committee Report, dated May 6, 2021, page 13, after line
7 insert:

"(3) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
CONTRARY, NEITHER THE STATE NOR ANY OF ITS DEPARTMENTS, INSTITUTIONS,
OR AGENCIES SHALL INCLUDE IN AN AGREEMENT WITH AN EMPLOYEE OF THE
STATE, DEPARTMENT, INSTITUTION, OR AGENCY A NONDISCLOSURE PROVISION
AS DESCRIBED IN SUBSECTION (1) OF THIS SECTION.".

Less than a majority of all members elected to the Senate having voted in the affirmative,
the amendment to the report of the Committee of the Whole was lost on the following roll
call vote:

YES 17 NO 18 EXCUSED 0 ABSENT 0
Bridges N Gardner Y Lee N Simpson Y
Buckner N Ginal N Liston Y Smallwood Y
Coleman N Gonzales N Lundeen Y Sonnenberg Y
Cooke Y Hansen N Moreno N Story N
Coram Y Hisey Y Pettersen N Winter N
Danielson N Holbert Y Priola Y Woodward Y
Donovan N Jaquez Lewis N Rankin Y Zenzinger Y
Fenberg N Kirkmeyer Y Rodriguez N President N
Fields Y Kolker N Scott Y





BILL SB21-189


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



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


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

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

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

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

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



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
4/23/2021 Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
4/27/2021 Senate Second Reading Passed with Amendments - Committee, Floor
4/28/2021 Senate Third Reading Passed - No Amendments
5/3/2021 Introduced In House - Assigned to Agriculture, Livestock, & Water
5/17/2021 House Committee on Agriculture, Livestock, & Water Refer Unamended to Appropriations
5/25/2021 House Committee on Appropriations Refer Unamended to House Committee of the Whole
5/26/2021 House Second Reading Special Order - Passed - No Amendments
5/27/2021 House Third Reading Laid Over Daily - No Amendments
5/28/2021 House Third Reading Passed - No Amendments
6/11/2021 Signed by the President of the Senate
6/11/2021 Sent to the Governor
6/11/2021 Signed by the Speaker of the House
6/24/2021 Governor Signed

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

Senate Journal, April 27
SB21-189 by Senator(s) Donovan; also Representative(s) Arndt and Catlin--Concerning the funding
of Colorado water conservation board projects, and, in connection therewith, making an
appropriation.

Amendment No. 1, Agriculture & Natural Resources Committee Amendment.
(Printed in Senate Journal, April 5, page(s) 417 and placed in members' bill files.)


Amendment No. 2(L.007), by Senator Hansen.

Amend printed bill, page 6, after line 13 insert:

"SECTION 8. In Session Laws of Colorado 2002, section 25 of chapter
150, (HB 02-1152), amend (3); and recreate with amendments (2), as (2) is
repealed by and (3) is amended by section 21 of chapter 150, (HB 20-1403),
Session Laws of Colorado 2020, as follows:
Section 25. Water education foundation - authorization and
appropriation. (2) FOLLOWING THE ESTABLISHMENT OF THE WATER
EDUCATION FOUNDATION, IN ADDITION TO ANY OTHER APPROPRIATION, THE
COLORADO WATER CONSERVATION BOARD IS HEREBY AUTHORIZED, FROM THE
WATER CONSERVATION BOARD CONSTRUCTION FUND, TO ANNUALLY PROVIDE
ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000) TO THE FOUNDATION.
(3) The money referred to in subsection SUBSECTIONS (1) AND (2) of
this section is hereby continuously appropriated to the board for the purposes
established in this section.".".

Renumber succeeding section accordingly.


As amended, ordered engrossed and placed on the calendar for third reading and final
passage.

(For further action, see amendments to the report of the Committee of the Whole.)


Senate Journal, April 27
SB21-189 by Senator(s) Donovan; also Representative(s) Arndt and Catlin--Concerning the funding
of Colorado water conservation board projects, and, in connection therewith, making an
appropriation.


Senator Sonnenberg moved to amend the report of the Committee of the Whole to show
that the following Sonnenberg floor amendment, (L.005) to SB21-189, did pass.

Amend printed bill, page 6, after line 13 insert:

"SECTION 8. Species conservation - appropriation. (1) For the
2021-22 state fiscal year, $5,000,000 is appropriated to the department of
natural resources for use by the division of parks and wildlife. 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 division of
parks and wildlife may use this appropriation to conserve native species that
have been listed as threatened or endangered under state or federal law or are
candidate species or are likely to become candidate species.
(2) The money appropriated in subsection (1) of this section remains
available for the designated purposes until it is fully expended.
SECTION 9. Species conservation trust fund - transfer. Within three
days after the effective date of this section, the state treasurer shall transfer
$5,000,000 from the Colorado water conservation board construction fund
created in section 37-60-121, C.R.S., to the species conservation trust fund
created in section 24-33-111 (2).".

Renumber succeeding section accordingly.

Less than a majority of all members elected to the Senate having voted in the affirmative,
the amendment to the report of the Committee of the Whole was lost on the following roll
call vote:

YES 15 NO 20 EXCUSED 0 ABSENT 0
Bridges N Gardner Y Lee N Simpson Y
Buckner N Ginal N Liston Y Smallwood Y
Coleman N Gonzales N Lundeen Y Sonnenberg Y
Cooke Y Hansen N Moreno N Story N
Coram Y Hisey Y Pettersen N Winter N
Danielson N Holbert Y Priola Y Woodward Y
Donovan N Jaquez Lewis N Rankin Y Zenzinger N
Fenberg N Kirkmeyer Y Rodriguez N President N
Fields N Kolker N Scott Y




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
4/20/2021 Senate Committee on Transportation & Energy Refer Amended to Finance
4/28/2021 Senate Committee on Finance Refer Unamended to Appropriations
5/12/2021 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
5/14/2021 Senate Second Reading Laid Over Daily - No Amendments
6/7/2021 Senate Second Reading Laid Over to 12/09/2021 - No Amendments

Amendment

Senate Journal, April 21
After consideration on the merits, the Committee recommends that SB21-200 be amended
as follows, and as so amended, be referred to the Committee on Finance with favorable
recommendation.
Amend printed bill, page 3, after line 11 insert:

"(II) ACTIONS TO REDUCE GREENHOUSE GAS POLLUTION CAN AND
SHOULD OCCUR AT ALL LEVELS OF STATE GOVERNMENT. NONETHELESS, THE
COMMISSION, AS THE STATE'S AIR QUALITY REGULATOR AND THE SOLE ENTITY
WITH THE LEGAL RESPONSIBILITY TO IMPLEMENT SECTION 25-7-105 (1)(e), IS
THE AGENCY RESPONSIBLE FOR ENSURING THAT COLORADO'S
ALL-OF-GOVERNMENT APPROACH TO ADDRESSING CLIMATE CHANGE WILL
RESULT IN SUFFICIENT REDUCTIONS IN GREENHOUSE GAS POLLUTION TO
ACHIEVE THE GOALS SET FORTH IN SECTION 25-7-105 (1)(e) BY TAKING ANY
ADDITIONAL REGULATORY ACTION NECESSARY TO ENSURE THAT THE STATE'S
GREENHOUSE GAS EMISSION REDUCTION GOALS ARE ACTUALLY ACHIEVED.".

Renumber succeeding subparagraph accordingly.

Page 4, after line 5 insert:

"(IV) THE GENERAL ASSEMBLY RECOGNIZES THAT THE COMMISSION'S
"RESOLUTION TO ENSURE GREENHOUSE GAS REDUCTION GOALS ARE MET",
ADOPTED OCTOBER 23, 2020, OUTLINES A SET OF SECTOR-SPECIFIC GREENHOUSE
GAS EMISSION REDUCTION TARGETS, ACHIEVEMENT OF WHICH WILL
DEMONSTRATE THAT COLORADO IS ON TRACK TO ACHIEVE ITS GREENHOUSE GAS
EMISSION REDUCTION GOALS. GIVEN THE RAPID PACE OF TECHNOLOGICAL AND
ECONOMIC CHANGE, THE GENERAL ASSEMBLY ALSO AUTHORIZES THE
COMMISSION TO ADJUST THE SECTOR-SPECIFIC TARGETS IF NECESSARY, SO LONG
AS THE OVERALL REQUIRED LEVEL OF EMISSION REDUCTIONS IS ACHIEVED.".

Page 4, line 19, after the period add "THE GENERAL ASSEMBLY RECOGNIZES
THAT THE KEY TO ADDRESSING THESE HISTORIC WRONGS IS TO RAPIDLY REDUCE
POLLUTION IN DISPROPORTIONATELY IMPACTED COMMUNITIES.".

Page 5, line 6, strike "(1)(e)(VIII)(J),".

Page 6, line 27, strike "REQUIRE REDUCTIONS" and substitute "BE DESIGNED TO
MITIGATE THE CUMULATIVE IMPACT".

Page 7, lines 1 and 2, strike "POLLUTION ON A LINEAR OR MORE STRINGENT
PATHWAY" and substitute "POLLUTION, REQUIRING REDUCTIONS ON A PATHWAY
THAT REFLECTS STEADY PROGRESS".

Page 14, strike lines 4 through 25.

Page 15, line 3, after "(2)(a)(I)(A)," insert "(2)(a)(II),".

Page 16, after line 7 insert:

"(II) In no event shall an owner or operator of a major source pay more
than a fee based upon total annual emissions of four thousand tons of each
regulated pollutant, INCLUDING EACH GREENHOUSE GAS, per source.".

Page 16, line 21, after "(2)(a)(I)" insert "and (2)(a)(II)".

Page 17, line 16, after the period insert "THE RULES MUST INCLUDE
REQUIREMENTS FOR FUEL IMPORTERS AND FUEL SUPPLIERS TO TRACK AND
DIRECTLY REPORT EMISSIONS OF GREENHOUSE GASES FROM THE FULL
COMBUSTION OR OXIDATION OF ANY SIGNIFICANT AMOUNT OF FUEL THAT EACH
FUEL IMPORTER OR FUEL SUPPLIER IMPORTS, OWNS, OR STORES FOR
DISTRIBUTION OR SALE IN THE STATE OF COLORADO, IF THOSE EMISSIONS
WOULD NOT OTHERWISE BE REPORTED TO THE STATE.".

Page 17, after line 19 insert:

"(II) Direct the division to update the statewide inventory of greenhouse
gas emissions by sector, up to on an annual basis as determined by the
commission, but in no event less frequently than every two years. The division
shall update the inventory in a manner that allows reasonable tracking of
progress in reducing greenhouse gas emissions over time. The commission shall
take reasonable steps to ensure that emission abatement that counts toward
meeting the state's greenhouse gas emission reduction goals is durable and
rigorously tracked. The inventory must include a forecast of Colorado's
greenhouse gas emissions for the milestone year of 2025, as well as 2030, 2035,
2040, and 2045. THE FORECAST MUST BE CREDIBLE, SUBSTANTIATED BY
EVIDENCE, AND REASONABLY TRANSPARENT AND MUST NOT INCLUDE EMISSION
REDUCTIONS PROJECTED TO OCCUR BECAUSE OF ANY FEDERAL, STATE, OR
LOCAL LAW, RULE, REGULATION, POLICY, OR PROGRAM THAT IS NOT FINAL OR
NOT IN PLACE AS OF THE DATE OF PUBLICATION OF THE INVENTORY. The initial
inventory required under this subsection (2) must include a recalculation of
Colorado's 2005 greenhouse gas emissions to serve as a baseline for measuring
progress against Colorado's greenhouse gas emission reduction goals.".


Senate Journal, May 12
After consideration on the merits, the Committee recommends that SB21-200 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 22, after line 20 insert:

"SECTION 7. Appropriation. (1) For the 2021-22 state fiscal year,
$1,132,993 is appropriated to the department of public health and environment
for use by administration and support. This appropriation is from the general
fund. To implement this act, the division may use this appropriation as follows:
(a) $332,482 for health, life, and dental;
(b) $4,027 for short-term disability;
(c) $118,437 for amoritization equalization disbursement;
(d) $118,437 for supplemental amoritization equalization disbursement;
(e) $319,020 for the purchase of legal services; and
(f) $240,590 for the purchase of information technology services.
(2) For the 2021-22 state fiscal year, $3,179,861 is appropriated to the
department of public health and environment for use by the air pollution control
division. This appropriation is from the general fund. To implement this act, the
division may use this appropriation as follows:
(a) $2,089,072 for personal services related to stationary sources, which
amount is based on an assumption that the division will require an additional
31.0 FTE; and
(b) $1,090,789 for operating expenses related to stationary sources.
(3) For the 2021-22 state fiscal year, $319,020 is appropriated to the
department of law. This appropriation is from reappropriated funds received
from the department of public health and environment under subsection (1)(e)
of this section and is based on an assumption that the department of law will
require an additional 1.7 FTE. To implement this act, the department of law
may use this appropriation to provide legal services for the department of public
health and environment.
(4) For the 2021-22 state fiscal year, $240,590 is appropriated to the
office of the governor for use by the office of information technology. This
appropriation is from reappropriated funds received from the department of
public health and environment under subsection (1)(f) of this section. To
implement this act, the office may use this appropriation to provide information
technology services for the department of public health and environment.
(5) For the 2021-22 state fiscal year, $88,351 is appropriated to the
office of the governor for use by the Colorado energy office. This appropriation
is from the general fund and is based on an assumption that the office will
require an additional 0.9 FTE. To implement this act, the office may use this
appropriation for program costs.".

Renumber succeeding sections accordingly.

Page 1, line 103, strike "GASES AND" and substitute "GASES,".

Page 1, line 105, strike "COMMUNITIES." and substitute "COMMUNITIES, AND
MAKING AN APPROPRIATION.".


Appro-
priations





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 act 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. $10 million is appropriated from the assistance fund to the board for state fiscal year 2020-21, and any of the money not expended before July 1, 2021, is further appropriated to the board for state fiscal year 2021-22 for the same purpose.
(Note: This summary applies to this bill as enacted.)



Status
3/31/2021 Introduced In Senate - Assigned to Education
4/15/2021 Senate Committee on Education Refer Unamended to Appropriations
4/30/2021 Senate Committee on Appropriations Refer Unamended - Consent Calendar to Senate Committee of the Whole
4/30/2021 Senate Second Reading Special Order - Passed - No Amendments
5/3/2021 Senate Third Reading Passed - No Amendments
5/5/2021 Introduced In House - Assigned to Education
5/20/2021 House Committee on Education Refer Amended to Appropriations
5/28/2021 House Committee on Appropriations Refer Unamended to House Committee of the Whole
5/28/2021 House Second Reading Special Order - Passed with Amendments - Committee
6/1/2021 House Third Reading Passed - No Amendments
6/2/2021 Senate Considered House Amendments - Result was to Concur - Repass
6/10/2021 Signed by the President of the Senate
6/10/2021 Signed by the Speaker of the House
6/10/2021 Sent to the Governor
6/16/2021 Governor Signed

Amendment

House Journal, May 21
13 SB21-202 be amended as follows, and as so amended, be referred to
14 the Committee on Appropriations with favorable
15 recommendation:
16
17 Amend reengrossed bill, page 4, line 6, after "part 1," insert "AND
18 NOTWITHSTANDING SUBSECTION (1)(a) OF THIS SECTION,".
19
20

House Journal, May 28
49 Amendment No. 1, Education Report, dated May 20, 2021, and placed in
50 member's bill file; Report also printed in House Journal, May 21, 2021.
51
52 As amended, ordered revised and placed on the Calendar for Third
53 Reading and Final Passage.
54
55




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.



To avoid a fund deficit in the severance tax operational fund, the act reverses 5 transfers made from the fund to other cash funds after the fiscal year 2019-20. Specifically, the state treasurer is required to transfer the following amounts to the 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
4/13/2021 House Committee on Appropriations Refer Unamended to House Committee of the Whole
4/14/2021 House Second Reading Laid Over Daily - No Amendments
4/15/2021 House Second Reading Special Order - Passed - No Amendments
4/16/2021 House Third Reading Laid Over Daily - No Amendments
4/19/2021 House Third Reading Passed - No Amendments
4/21/2021 Signed by the President of the Senate
4/21/2021 Signed by the Speaker of the House
4/22/2021 Sent to the Governor
4/30/2021 Governor Signed


BILL SB21-225


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



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 act 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
4/13/2021 House Committee on Appropriations Refer Unamended to House Committee of the Whole
4/14/2021 House Second Reading Special Order - Passed - No Amendments
4/15/2021 House Third Reading Passed - No Amendments
4/20/2021 Signed by the President of the Senate
4/20/2021 Signed by the Speaker of the House
4/20/2021 Sent to the Governor
4/29/2021 Governor Signed

Amendment

House Journal, April 14
7 Amend reengrossed bill, page 2, after line 1 insert:
8 "SECTION 1. In Colorado Revised Statutes, 24-75-302, amend
9 (3.3)(b) as follows:
10 24-75-302. Capital construction fund - capital assessment fees
11 - calculation - information technology capital account.
12 (3.3) (b) Notwithstanding subsection (3.3)(a) of this section, on June 30,
13 2020, the state treasurer shall transfer seven million nine hundred
14 thousand dollars from the Fort Logan land sale account to the general
15 fund. ON JULY 1, 2021, THE STATE TREASURER SHALL TRANSFER SEVEN
16 MILLION NINE HUNDRED THOUSAND DOLLARS FROM THE GENERAL FUND TO
17 THE FORT LOGAN LAND SALE ACCOUNT.
18 SECTION 2. In Colorado Revised Statutes, 28-3-106, amend
19 (1)(s)(III) as follows:
20 28-3-106. Powers and duties of adjutant general. (1) The
21 adjutant general has the following powers and duties:
22 (s) (III) Notwithstanding subsection (1)(s)(I) of this section, on
23 July 1, 2020, the state treasurer shall transfer four million nine hundred
24 eight thousand three hundred ninety-five dollars from the account
25 specified in subsection (1)(s)(I) of this section to the general fund. THE
26 STATE TREASURER SHALL TRANSFER FOUR MILLION NINE HUNDRED EIGHT
27 THOUSAND THREE HUNDRED NINETY-FIVE DOLLARS FROM THE GENERAL
28 FUND TO THE ACCOUNT SPECIFIED IN SUBSECTION (1)(S)(I) OF THIS
29 SECTION.
30 SECTION 3. In Colorado Revised Statutes, 28-5-709, amend
31 (1)(c)(II) as follows:
32 28-5-709. Colorado state veterans trust fund - created - report.
33 (1) (c) (II) On July 1, 2020, the state treasurer shall transfer three million
34 dollars from the trust fund to the general fund. ON JULY 1, 2021, THE
35 STATE TREASURER SHALL TRANSFER THREE MILLION DOLLARS FROM THE
36 GENERAL FUND TO THE TRUST FUND.".
37 SECTION 4. In Colorado Revised Statutes, 28-5-712, amend
38 (3)(e) as follows:
39 28-5-712. Veterans assistance grant program - created - rules
40 - fund - repeal. (3) (e) Notwithstanding subsection (2)(b) of this section,
41 on June 30, 2020, the state treasurer shall transfer one million dollars
42 from the fund to the general fund. ON JULY 1, 2021, THE STATE
43 TREASURER SHALL TRANSFER ONE MILLION DOLLARS FROM THE GENERAL
44 FUND TO THE FUND.".
45
46 Renumber succeeding sections accordingly.
47
48 The amendment was declared lost by the following roll call vote:
49
50 YES 23 NO 40 EXCUSED 2 ABSENT
51 Amabile N Exum N Lynch Y Sirota N
52 Arndt N Froelich N McCluskie N Snyder N
53 Bacon N Geitner Y McCormick N Soper Y
54 Baisley Y Gonzales-Gutierrez N McKean Y Sullivan N
55 Benavidez N Gray N McLachlan N Tipper N
1 Bernett N Hanks Y Michaelson Jenet E Titone N
2 Bird N Herod N Mullica N Valdez A. N
3 Bockenfeld Y Holtorf Y Neville Y Valdez D. N
4 Bradfield Y Hooton N Ortiz E Van Beber Y
5 Caraveo N Jackson N Pelton Y Van Winkle Y
6 Carver Y Jodeh N Pico Y Weissman N
7 Catlin Y Kennedy N Ransom N Will Y
8 Cutter N Kipp N Rich Y Williams Y
9 Daugherty N Larson Y Ricks N Woodrow N
10 Duran N Lontine N Roberts N Woog Y
11 Esgar N Luck Y Sandridge Y Young N
12 Speaker N




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 act creates the agriculture and drought resiliency fund (fund), directs the state treasurer to transfer $3 million from the general fund to the fund, and appropriates the money from the fund to the department of agriculture (department). The department will use the fund to anticipate, prepare for, mitigate, adapt to, or respond to any event, trend, or climatological disturbance related to drought or climate. The department will distribute $15,000 from the fund to each conservation district by July 1, 2021. The fund is repealed, effective September 1, 2022.

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



Status
4/6/2021 Introduced In Senate - Assigned to Agriculture & Natural Resources
5/13/2021 Senate Committee on Agriculture & Natural Resources Refer Amended to Appropriations
5/21/2021 Senate Committee on Appropriations Refer Unamended - Consent Calendar to Senate Committee of the Whole
5/21/2021 Senate Second Reading Special Order - Passed with Amendments - Committee
5/24/2021 Senate Third Reading Passed - No Amendments
5/24/2021 Introduced In House - Assigned to Agriculture, Livestock, & Water
5/27/2021 House Committee on Agriculture, Livestock, & Water Refer Unamended to Appropriations
6/1/2021 House Committee on Appropriations Refer Unamended to House Committee of the Whole
6/1/2021 House Second Reading Special Order - Passed - No Amendments
6/2/2021 House Third Reading Laid Over Daily - No Amendments
6/7/2021 House Third Reading Passed - No Amendments
6/11/2021 Signed by the President of the Senate
6/11/2021 Sent to the Governor
6/11/2021 Signed by the Speaker of the House
6/15/2021 Governor Signed

Amendment

Senate Journal, May 14
After consideration on the merits, the Committee recommends that SB21-234 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 3 through 8 and substitute:

"(I) PROVIDING MONEY FOR AGRICULTURAL WATER PROJECTS,
INCLUDING MATCHING FUNDS FOR STATE OR FEDERAL GRANTS;".

Renumber succeeding subparagraphs accordingly.

Page 4, after line 13 insert:

"(c) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, BY JULY 1,
2021, THE DEPARTMENT SHALL DISTRIBUTE FIFTEEN THOUSAND DOLLARS FROM
THE FUND TO EACH CONSERVATION DISTRICT FORMED PURSUANT TO ARTICLE 70
OF THIS TITLE 35.".

Page 4, line 21, strike "general fund." and substitute "agriculture and drought
resiliency fund created in section 35-1-114 (2)(a), C.R.S.".


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 and making an appropriation.



Current law repeals the forest health advisory council, which was created within the Colorado state forest service, on September 1, 2021, subject to sunset review. The act repeals the forest health advisory council and 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. The council is scheduled for sunset review in 2026.

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



Status
4/6/2021 Introduced In Senate - Assigned to Agriculture & Natural Resources
4/28/2021 Senate Committee on Agriculture & Natural Resources Refer Amended to Senate Committee of the Whole
5/3/2021 Senate Second Reading Passed with Amendments - Committee, Floor
5/4/2021 Senate Third Reading Passed - No Amendments
5/4/2021 Introduced In House - Assigned to Legislative Council + Agriculture, Livestock, & Water
5/10/2021 House Committee on Legislative Council Refer Unamended to Agriculture, Livestock, & Water
5/20/2021 House Committee on Agriculture, Livestock, & Water Refer Amended to Appropriations
5/25/2021 House Committee on Appropriations Refer Amended to House Committee of the Whole
5/26/2021 House Second Reading Special Order - Laid Over Daily - No Amendments
5/27/2021 House Second Reading Special Order - Passed with Amendments - Committee
5/28/2021 House Third Reading Passed - No Amendments
6/1/2021 Senate Considered House Amendments - Result was to Concur - Repass
6/11/2021 Signed by the President of the Senate
6/11/2021 Sent to the Governor
6/11/2021 Signed by the Speaker of the House
6/22/2021 Signed by Governor
6/22/2021 Governor Signed

Amendment

Senate Journal, April 29
After consideration on the merits, the Committee recommends that SB21-237 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 2, line 13, strike "24-33-206." and substitute
"23-31-316.".

Page 2, strike lines 14 and 15 and substitute:

"SECTION 2. In Colorado Revised Statutes, repeal and reenact, with
amendments, 23-31-316 as follows:".

Page 2, line 16, strike "24-33-206." and substitute "23-31-316.".

Page 6, line 18, strike "SUBSECTIONS (3)(a)(II)(A) TO (3)(a)(II)(I)" and
substitute "SUBSECTION (3)(a)(II)".

Page 7, line 12, strike "IDENTIFICATION OF" and substitute "LANDSCAPE-SCALE
PLANNING TO IDENTIFY".

Page 8, strike line 27.

Page 9, strike lines 1 through 7 and substitute:

"SECTION 3. Effective date. This act takes effect September 2,
2021.".

Renumber succeeding section accordingly.


Agriculture &
Natural
Resources

Senate Journal, May 3
SB21-237 by Senator(s) Donovan; also Representative(s) McCluskie--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.

Amendment No. 1, Agriculture & Natural Resources Committee Amendment.
(Printed in Senate Journal, April 29, page(s) 683 and placed in members' bill files.)

Amendment No. 2(L.004), by Senator Sonnenberg.

Amend printed bill, page 4, line 19, strike "TWENTY-THREE" and substitute
"TWENTY-FOUR".

Page 6, line 8, strike "AND".

Page 6, after line 10 insert:

"(N) ONE MEMBER WHO IS EMPLOYED BY OR ASSOCIATED WITH AN
ORGANIZATION THAT ADVOCATES FOR MOTORIZED RECREATION; AND".

As amended, ordered engrossed and placed on the calendar for third reading and final
passage.


House Journal, May 21
1 SB21-237 be amended as follows, and as so amended, be referred to
2 the Committee on Appropriations with favorable
3 recommendation:
4
5 Amend reengrossed bill, page 4, line 19, strike "TWENTY-FOUR" and
6 substitute "TWENTY-SIX".
7
8 Page 5, line 13, strike "TWO COUNTY COMMISSIONERS, ONE" and
9 substitute "FOUR COUNTY COMMISSIONERS, TWO".
10
11 Page 5, line 14, strike "ONE" and substitute "TWO".
12
13 Page 5, line 25, strike "DIVIDE;" and substitute "DIVIDE AND ONE OF
14 WHOM MUST RESIDE IN A COUNTY EAST OF THE CONTINENTAL DIVIDE;".
15
16

House Journal, May 25
1 SB21-237 be amended as follows, and as so amended, be referred to
2 the Committee of the Whole with favorable
3 recommendation:
4
5 Amend reengrossed bill, page 8, after line 27 insert:
6
7 "SECTION 3. Appropriation. For the 2021-22 state fiscal year,
8 $668 is appropriated to the legislative department for use by the general
9 assembly. This appropriation is from the general fund. To implement this
10 act, the assembly may use this appropriation for per diem and traveling
11 expenses.".
12
13 Renumber succeeding sections accordingly.
14
15 Page 1, line 104, strike "SERVICE." and substitute "SERVICE AND MAKING
16 AN APPROPRIATION.".
17
18

House Journal, May 27
51 Amendment No. 1, Appropriations Report, dated May 25, 2021, and
52 placed in member's bill file; Report also printed in House Journal,
53 May 25, 2021.
54
55
1 Amendment No. 2, Agriculture, Livestock, & Water Report, dated
2 May 20, 2021, and placed in member's bill file; Report also printed in
3 House Journal, May 21, 2021.
4
5 As amended, ordered revised and placed on the Calendar for Third
6 Reading and Final Passage.
7




BILL SB21-240


Concerning the transfer of money from the general fund to the Colorado water conservation board construction fund for watershed protection programs, and, in connection therewith, making an appropriation.



The act transfers $30 million from the general fund to the Colorado water conservation board construction fund and appropriates the money for use by the Colorado water conservation board (CWCB) to protect watersheds against the impacts of wildfires through the existing watershed restoration grant program and for conducting a statewide watershed analysis to investigate the susceptibility of life, safety, infrastructure, and water supplies to wildfire impacts. The CWCB can use up to 5% of the money to administer the grant program and up to 10% to provide technical engineering services to grantees. The CWCB is directed to:



Status
4/12/2021 Introduced In Senate - Assigned to Agriculture & Natural Resources
4/29/2021 Senate Committee on Agriculture & Natural Resources Refer Unamended to Appropriations
5/14/2021 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
5/18/2021 Senate Second Reading Passed with Amendments - Committee
5/19/2021 Senate Third Reading Passed - No Amendments
5/19/2021 Introduced In House - Assigned to Agriculture, Livestock, & Water
5/24/2021 House Committee on Agriculture, Livestock, & Water Refer Unamended to Appropriations
6/7/2021 House Committee on Appropriations Refer Amended to House Committee of the Whole
6/7/2021 House Second Reading Special Order - Passed with Amendments - Committee
6/8/2021 Senate Considered House Amendments - Result was to Concur - Repass
6/8/2021 House Third Reading Passed - No Amendments
6/10/2021 Signed by the President of the Senate
6/10/2021 Signed by the Speaker of the House
6/10/2021 Sent to the Governor
6/15/2021 Governor Signed

Amendment

Senate Journal, May 14
After consideration on the merits, the Committee recommends that SB21-240 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 2, line 11, strike "FIFTEEN" and substitute "TWENTY".

Page 4, line 4, strike "$15,000,000" and substitute "$20,000,000".


Appro-
priations

House Journal, June 7
23 SB21-240 be amended as follows, and as so amended, be referred to
24 the Committee of the Whole with favorable
25 recommendation:
26
27 Amend reengrossed bill, page 2, line 11, strike "TWENTY" and substitute
28 "THIRTY".
29
30 Page 4, line 4, strike "$20,000,000" and substitute "$30,000,000".
31
32

House Journal, June 7
13 Amendment No. 1, Appropriations Report, dated June 7, 2021, and
14 placed in member's bill file; Report also printed in House Journal, June 7,
15 2021.
16
17 As amended, ordered revised and placed on the Calendar for Third
18 Reading and Final Passage.
19




BILL SB21-249


Concerning the creation of an optional discounted parks and public lands access pass that is purchased at the time a motor vehicle is registered, and, in connection therewith, using the pass fees to finance a number of goals of the division of parks and wildlife related to increased conservation of, safety at, and access to state parks and public lands; and making an appropriation.



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


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

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

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

The division is required to:


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

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



Status
4/23/2021 Introduced In Senate - Assigned to Agriculture & Natural Resources
5/6/2021 Senate Committee on Agriculture & Natural Resources Refer Unamended to Appropriations
5/6/2021 Senate Committee on Agriculture & Natural Resources Refer Unamended to Finance
5/12/2021 Senate Committee on Finance Refer Unamended to Appropriations
5/14/2021 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
5/18/2021 Senate Second Reading Passed with Amendments - Committee, Floor
5/19/2021 Senate Third Reading Passed - No Amendments
5/19/2021 Introduced In House - Assigned to Energy & Environment
5/27/2021 House Committee on Energy & Environment Refer Unamended to Finance
5/28/2021 House Committee on Finance Refer Unamended to Appropriations
6/1/2021 House Committee on Appropriations Refer Amended to House Committee of the Whole
6/1/2021 House Second Reading Special Order - Passed with Amendments - Committee
6/2/2021 House Third Reading Laid Over Daily - No Amendments
6/3/2021 House Third Reading Passed - No Amendments
6/3/2021 Senate Considered House Amendments - Result was to Concur - Repass
6/15/2021 Signed by the President of the Senate
6/15/2021 Signed by the Speaker of the House
6/15/2021 Sent to the Governor
6/21/2021 Signed by Governor
6/21/2021 Governor Signed

Amendment

Senate Journal, May 14
After consideration on the merits, the Committee recommends that SB21-249 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 17, after line 10 insert:

"SECTION 9. Appropriation. (1) For the 2021-22 state fiscal year,
$502,646 is appropriated to the department of natural resources for use by the
division of parks and wildlife. This appropriation is from the parks and outdoor
recreation cash fund created in section 33-10-111 (1), C.R.S. To implement this
act, the division may use this appropriation for state park operations, which
amount is based on an assumption that the division will require an additional
2.4 FTE.
(2) For the 2021-22 state fiscal year, $106,200 is appropriated to the
department of revenue for use by the division of motor vehicles. This
appropriation is from reappropriated funds received from the department of
natural resources under subsection (1) of this section. To implement this act, the
division may use this appropriation for DRIVES maintenance and support.".

Renumber succeeding section accordingly.

Page 1, line 107, strike "LANDS." and substitute "LANDS; AND MAKING AN
APPROPRIATION.".


Appro-
priations


Senate Journal, May 18
SB21-249 by Senator(s) Fenberg and Donovan, Bridges, Hansen; also Representative(s) Will and
Tipper, Cutter--Concerning the creation of an optional discounted parks and public lands
access pass that is purchased at the time a motor vehicle is registered, and, in connection
therewith, using the pass fees to finance a number of goals of the division of parks and
wildlife related to increased conservation of, safety at, and access to state parks and public
lands; and making an appropriation.

Amendment No. 1, Appropriations Committee Amendment.
(Printed in Senate Journal, May 14, page(s) 933-934 and placed in members' bill files.)

Amendment No. 2(L.001), by Senator Gonzales.

Amend printed bill, page 12, after line 23 insert:

"SECTION 2. In Colorado Revised Statutes, 24-4-109, as added by
House Bill 21-1266 add (4) as follows:
24-4-109. State engagement of disproportionately impacted
communities - definition - repeal. (4) THE DIVISION OF PARKS AND WILDLIFE
CREATED IN SECTION 33-9-104 SHALL, IN CONDUCTING PUBLIC OUTREACH
REGARDING THE KEEP COLORADO WILD PASS PURSUANT TO SECTION 33-12-108
(7):
(a) INCLUDE OUTREACH TO AND ENGAGEMENT OF DISPROPORTIONATELY
IMPACTED COMMUNITIES WITH A GOAL TO BUILD TRUST AND TRANSPARENCY,
PROVIDE MEANINGFUL OPPORTUNITIES TO INFLUENCE PUBLIC POLICY, AND
MODIFY PROPOSED STATE ACTION IN RESPONSE TO PUBLIC INPUT RECEIVED TO
DECREASE ENVIRONMENTAL BURDENS OR INCREASE ENVIRONMENTAL BENEFITS
FOR EACH DISPROPORTIONATELY IMPACTED COMMUNITY; AND
(b) ENGAGE DISPROPORTIONATELY IMPACTED COMMUNITIES IN
ACCORDANCE WITH THE PROCEDURES SET FORTH IN SUBSECTION (3) OF THIS
SECTION.".

Renumber succeeding sections accordingly.

Page 17, strike line 12 and substitute "applicability. (1) Except as provided in
subsection (2) of this section, this act takes effect at 12:01 a.m. on the day
following".

Page 17, strike line 21 and substitute:

"(2) Section 2 takes effect only if House Bill 21-1266 becomes law, in
which case section 2 takes effect on the effective date of this act or House Bill
21-1266, whichever is later.
(3) This act applies to conduct occurring on or after the applicable".


Amendment No. 3(L.003), by Senator Holbert.

Amend printed bill, page 7, after line 27 insert:

"(II) IF A PERSON DECLINES TO PAY THE PASS FEE OR OTHERWISE FAILS
TO PAY THE PASS FEE, IT SHALL BE PRESUMED THAT THE PERSON WILL DECLINE
TO PAY THE PASS FEE IN FUTURE YEARS IN WHICH THE PERSON REGISTERS THE
MOTOR VEHICLE, AND THE DIVISION, IN COLLABORATION WITH THE DIVISION OF
MOTOR VEHICLES IN THE DEPARTMENT OF REVENUE, SHALL DEVELOP AN OPT-IN
PROVISION TO BE DISPLAYED ON ANY SUBSEQUENT NOTIFICATIONS SENT TO THE
PERSON REGARDING THAT MOTOR VEHICLE.".

Renumber succeeding subparagraph accordingly.

As amended, ordered engrossed and placed on the calendar for third reading and final
passage.


House Journal, June 1
37 SB21-249 be amended as follows, and as so amended, be referred to
38 the Committee of the Whole with favorable
39 recommendation:
40
41 Amend reengrossed bill, page 18, line 10, strike "$502,646" and
42 substitute "$504,646".
43
44 Page 18, line 16, strike "$106,200" and substitute "108,200".
45
46

House Journal, June 1
1 Amendment No. 1, Appropriations Report, dated June 1, 2021, and
2 placed in member's bill file; Report also printed in House Journal, June 1,
3 2021.
4
5 As amended, ordered revised and placed on the Calendar for Third
6 Reading and Final Passage.
7

House Journal, June 1
5 Amend reengrossed bill, page 7, strike lines 24 through 26 and substitute
6 "PASS FEE MAY OPT TO PURCHASE THE PASS FEE AND PAY THE FEE WHEN
7 MAKING PAYMENT DURING THE MOTOR VEHICLE REGISTRATION PROCESS.
8 THE DIVISION IN CONSULTATION WITH THE DIVISION OF MOTOR VEHICLES
9 SHALL PROVIDE LANGUAGE ON MOTOR VEHICLE REGISTRATION
10 DOCUMENTATION REQUIRING A PERSON TO OPT IN TO PAYING THE PASS FEE
11 AT THE TIME OF REGISTERING THE PERSON'S MOTOR VEHICLE. IT IS
12 PRESUMED THAT A PERSON WILL NOT PAY THE PASS FEE WHEN
13 REGISTERING THE PERSON'S MOTOR VEHICLE UNLESS THE PERSON
14 AFFIRMATIVELY OPTS IN TO PAY THE PASS FEE AT THAT TIME.
15 NONPAYMENT OF THE PASS FEE DOES NOT AFFECT A PERSON'S".
16
17 The motion was withdrawn.




BILL SB21-258


Concerning the administration of state assistance programs to mitigate the risk of wildfire, and, in connection therewith, creating the wildfire mitigation capacity development fund and the hazard mitigation fund; transferring money into specially designed wildfire funds; and making an appropriation.



The act allows the forest service to issue forest restoration and wildfire risk mitigation grants for projects on federal lands, so long as the project maintains continuity across a landscape including federal lands and the area of federal lands does not exceed the combined area of the nonfederal lands involved in the project.

The act increases the amount that the forest service may use for the direct and indirect costs in administering the forest restoration and wildfire risk mitigation grant program from 3% to 7% of any amounts appropriated in any fiscal year.

The act allows for the technical advisory panel that evaluates the proposals for forest restoration and wildfire risk mitigation grants to scale up and down in size.

The act expands the allowable uses of the forest restoration and wildfire risk mitigation grant program by allowing the grant program to fund capacity-building efforts to provide local governments, community groups, and collaborative forestry groups with the resources and staffing necessary to plan and implement forest restoration and wildfire risk mitigation projects, including community and partner outreach and engagement, identifying priority project areas, prescription planning, and acquiring community equipment for use by landowners.

The act allows for the forest service to hire nontemporary additional field capacity to support the implementation and monitoring of fuels mitigation grant awards and wildfire risk mitigation program grant awards and to hire full-time, nontemporary staff for developing, revising, and implementing community wildfire protection plans and collaborative landscape level prioritization plans; developing and implementing risk mitigation and watershed restoration plans; strengthening the responsible use of prescribed fire; and supporting economically beneficial uses of woody biomass.

The act also creates 2 funds. First, the act creates the wildfire mitigation capacity development fund. Money from the wildfire mitigation capacity development fund is continuously appropriated to the department of natural resources to support a number of wildfire related areas administered by the department. Second, the act creates the hazard mitigation fund to assist local jurisdictions in obtaining the matching funds required for certain federal hazard mitigation grants.

Finally, the act requires the following immediate transfers:



Status
4/29/2021 Introduced In Senate - Assigned to Local Government
5/18/2021 Senate Committee on Local Government Refer Unamended to Appropriations
5/24/2021 Senate Committee on Appropriations Refer Unamended - Consent Calendar to Senate Committee of the Whole
5/24/2021 Senate Second Reading Special Order - Passed - No Amendments
5/25/2021 Senate Third Reading Passed - No Amendments
5/25/2021 Introduced In House - Assigned to Energy & Environment
6/1/2021 House Committee on Energy & Environment Refer Unamended to Appropriations
6/3/2021 House Committee on Appropriations Refer Unamended to House Committee of the Whole
6/3/2021 House Second Reading Special Order - Passed - No Amendments
6/4/2021 House Third Reading Laid Over Daily - No Amendments
6/7/2021 House Third Reading Passed - No Amendments
6/10/2021 Signed by the President of the Senate
6/10/2021 Signed by the Speaker of the House
6/10/2021 Sent to the Governor
6/15/2021 Governor Signed


BILL SB21-262


Concerning transparency for special districts.



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



Status
5/5/2021 Introduced In Senate - Assigned to Local Government
5/13/2021 Senate Committee on Local Government Refer Unamended to Senate Committee of the Whole
5/17/2021 Senate Second Reading Laid Over to 05/19/2021 - No Amendments
5/19/2021 Senate Second Reading Passed with Amendments - Floor
5/20/2021 Senate Third Reading Passed - No Amendments
5/24/2021 Introduced In House - Assigned to Transportation & Local Government
6/2/2021 House Committee on Transportation & Local Government Refer Amended to House Committee of the Whole
6/4/2021 House Second Reading Special Order - Passed with Amendments - Committee
6/7/2021 House Third Reading Passed - No Amendments
6/8/2021 Senate Considered House Amendments - Result was to Concur - Repass
6/22/2021 Signed by the President of the Senate
6/22/2021 Sent to the Governor
6/22/2021 Signed by the Speaker of the House
6/28/2021 Signed by Governor
6/28/2021 Signed by Governor
6/28/2021 Governor Signed

Amendment

Senate Journal, May 19
SB21-262 by Senator(s) Zenzinger and Gardner; also Representative(s) Bird and McKean--Concerning
transparency for special districts.

Amendment No. 1(L.001), by Senator Kolker.

Amend printed bill, page 3, line 3, after "(1.5)" insert "and (1.7)".

Page 3, line, 13, strike "THE" and substitute "EXCEPT AS OTHERWISE REQUIRED
BY SUBSECTION (1.7) OF THIS SECTION, THE".

Page 3, strike lines 16 through 19 and substitute:

"(b) MAILING THE NOTICE, AT THE LOWEST COST OPTION, TO EACH
ADDRESS AT WHICH ONE OR MORE ACTIVE REGISTERED ELECTORS OF THE LOCAL
GOVERNMENT RESIDES AS SPECIFIED IN THE REGISTRATION LIST PROVIDED BY
THE COUNTY CLERK AND RECORDER AS OF THE DATE THAT IS ONE HUNDRED
FIFTY DAYS PRIOR TO THE DATE OF THE REGULAR LOCAL GOVERNMENT
ELECTION;".

Page 3, line 23, strike "SPECIAL DISTRICT" and substitute "LOCAL
GOVERNMENT".

Page 3, line 24, strike "SPECIAL DISTRICT;" and substitute "LOCAL
GOVERNMENT;".

Page 3, strike line 26 and substitute "LOCAL GOVERNMENT; OR".

Page 4, strike lines 1 and 2.

Page 4, line 3, strike "SPECIAL DISTRICT" and substitute "LOCAL GOVERNMENT".

Page 4, line 7, strike "SPECIAL DISTRICT" and substitute "LOCAL GOVERNMENT".

Page 4, line 9, strike "SPECIAL DISTRICT" and substitute "LOCAL GOVERNMENT".

Page 4, after line 11 insert:

"(1.7) (a) IN THE CASE OF ANY METROPOLITAN DISTRICT THAT WAS
ORGANIZED AFTER JANUARY 1, 2000, IN ACCORDANCE WITH TITLE 32, THE
NOTICE REQUIRED BY SUBSECTION (1) OF THIS SECTION MUST 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 ONE HUNDRED
FIFTY 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 THE DATE THAT IS NOT LATER THAN ONE HUNDRED FIFTY DAYS
PRIOR TO THE DATE OF THE REGULAR LOCAL GOVERNMENT ELECTION, THE
PUBLIC NOTICE REQUIRED BY SUBSECTION (1) OF THIS SECTION 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 THE DATE THAT IS ONE HUNDRED FIFTY
DAYS PRIOR TO THE DATE OF THE REGULAR LOCAL GOVERNMENT ELECTION.
(b) IN ADDITION TO THE PUBLIC NOTICE REQUIRED BY SUBSECTION
(1.7)(a) OF THIS SECTION, THE DESIGNATED ELECTION OFFICIAL SHALL ALSO
PROVIDE PUBLIC NOTICE BY ANY ONE OF THE FOLLOWING MEANS:
(I) PUBLICATION AS DEFINED IN SUBSECTION (2) OF THIS SECTION;
(II) INCLUDING THE NOTICE AS A PROMINENT PART OF A NEWSLETTER,
ANNUAL REPORT, BILLING INSERT, BILLING STATEMENT, LETTER, VOTER
INFORMATION CARD OR OTHER NOTICE OF ELECTION, OR OTHER INFORMATIONAL
MAILING SENT BY THE METROPOLITAN DISTRICT TO THE ELIGIBLE ELECTORS OF
THE METROPOLITAN DISTRICT;
(III) POSTING THE INFORMATION ON THE OFFICIAL WEBSITE OF THE
METROPOLITAN DISTRICT; OR
(IV) FOR A METROPOLITAN DISTRICT WITH FEWER THAN ONE THOUSAND
ELIGIBLE ELECTORS THAT IS WHOLLY LOCATED WITHIN A COUNTY, THE
POPULATION OF WHICH IS LESS THAN THIRTY THOUSAND PEOPLE, POSTING THE
NOTICE IN AT LEAST THREE PUBLIC PLACES WITHIN THE TERRITORIAL
BOUNDARIES OF THE METROPOLITAN DISTRICT AND, IN ADDITION, POSTING A
NOTICE IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY IN WHICH
THE SPECIAL DISTRICT IS LOCATED. ANY SUCH NOTICES MUST REMAIN POSTED
UNTIL THE DAY AFTER THE CALL FOR NOMINATIONS CLOSES.".


Amendment No. 2(L.004), by Senator Zenzinger and Gardner.

Amend printed bill, page 6, line 2, strike "WITHIN THIRTY DAYS OF" and
substitute "NOT MORE THAN THIRTY DAYS AFTER".

Page 6, line 20, strike "ON" and substitute "IN".

Page 7, line 14, after "OR" insert "BY".

Page 7, line 18, strike "SEPTEMBER" and substitute "OCTOBER".

Page 8, strike line 20 and substitute:

"(G) THE FINAL ASSESSED VALUATION OF THE SPECIAL DISTRICT AS OF
DECEMBER 31 OF THE REPORTING YEAR;".

Page 9, line 14, strike "ON" and substitute "IN".

As amended, ordered engrossed and placed on the calendar for third reading and final
passage.


House Journal, June 3
18 SB21-262 be amended as follows, and as so amended, be referred to
19 the Committee of the Whole with favorable
20 recommendation:
21
22 Amend reengrossed bill, page 3, strike lines 13 through 16 and substitute:
23
24 "(1.5) EXCEPT AS OTHERWISE REQUIRED BY SUBSECTION (1.7) OF
25 THIS SECTION, THE PUBLIC NOTICE REQUIRED BY SUBSECTION (1) OF THIS
26 SECTION MUST BE MADE BY PUBLICATION AS DEFINED BY SUBSECTION (2)
27 OF THIS SECTION AND BY ANY ONE OF THE FOLLOWING MEANS:".
28
29 Page 3, line 17, strike "(b)" and substitute "(a)".
30
31 Page 3, line 23, strike "(c)" and substitute "(b)".
32
33 Page 4, line 2, strike "(d)" and substitute "(c)".
34
35 Page 4, line 4, strike "(e)" and substitute "(d)".
36
37 Page 11, strike lines 24 through 27.
38
39 Page 12, strike lines 1 through 26.
40
41 Renumber succeeding sections accordingly.

House Journal, June 4
18 Amendment No. 1, Transportation & Local Government Report, dated
19 June 2, 2021, and placed in member's bill file; Report also printed in
20 House Journal, June 3, 2021.
21
22 As amended, ordered revised and placed on the Calendar for Third
23 Reading and Final Passage.
24




BILL SB21-281


Concerning severance tax revenue, and, in connection therewith, making an appropriation.



Currently, 50% of state severance tax revenues are deposited into the severance tax trust fund, which is then typically split between the severance tax perpetual base fund (perpetual base fund) and the severance tax operational fund (operational fund). Money in the operational fund is currently used for core departmental programs and, if there are sufficient available revenues, for transfers to funds that support natural resources and energy grant programs (grant program transfers). The act repeals the grant program transfers, with some, but not all, of the recipient programs receiving alternative funding from severance tax revenues.

Subject to annual appropriation, the Colorado water conservation board is authorized to direct the state treasurer to transfer money from the perpetual base fund to the water supply reserve fund, the interbasin compact committee operation fund, and the water efficiency grant program cash fund, all of which previously received grant program transfers. The general assembly is authorized to directly appropriate or transfer money into the perpetual base fund and the water supply reserve fund.

If less than 100% of the money available in the operational fund is used for the current core departmental programs, then, the general assembly may appropriate money from the operational fund to the species conservation trust fund, the division of parks and wildlife aquatic nuisance species fund, and the conservation district grant fund, all of which previously received grant program transfers. The transfers from the operational fund are subject to the same limits that they had as grant program transfers. On June 30, 2021, and July 1, 2022, the state treasurer is required to transfer $9,456,005 from the general fund to the operational fund.

The director of the office of state planning and budgeting and the executive directors of the departments of revenue, natural resources, education, and local affairs, or their designees, are required to review and analyze various elements of the state severance tax and submit written recommendations for any changes to the joint budget committee. Stakeholders will be involved in the process and may submit responsive comments to the recommendations.

The act also requires metropolitan districts created after July 1, 2021, to annually pay the state an amount equal to the total of all severance tax ad valorem credits claimed for property taxes that are imposed by the metropolitan district. This money will be allocated like severance tax revenues.

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



Status
5/19/2021 Introduced In Senate - Assigned to Finance
5/24/2021 Senate Committee on Finance Refer Unamended to Appropriations
5/26/2021 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
5/26/2021 Senate Second Reading Special Order - Laid Over Daily - No Amendments
5/27/2021 Senate Second Reading Passed with Amendments - Committee, Floor
5/28/2021 Senate Third Reading Passed - No Amendments
5/28/2021 Introduced In House - Assigned to Appropriations
6/4/2021 House Committee on Appropriations Refer Amended to House Committee of the Whole
6/4/2021 House Second Reading Special Order - Passed with Amendments - Committee
6/7/2021 House Third Reading Passed with Amendments - Floor
6/8/2021 Senate Considered House Amendments - Result was to Concur - Repass
6/10/2021 Signed by the President of the Senate
6/11/2021 Signed by the Speaker of the House
6/11/2021 Sent to the Governor
6/18/2021 Governor Signed

Amendment

Senate Journal, May 26
After consideration on the merits, the Committee recommends that SB21-281 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 19, after line 3 insert:

"SECTION 14. Appropriation. (1) For the 2021-22 state fiscal year,
$5,000,000 is appropriated to the species conservation trust fund created in
section 24-33-111 (2)(a)(I)(A), C.R.S. This appropriation is from the severance
tax operational fund created in section 39-29-109 (2)(b), C.R.S. The department
of natural resources is responsible for the accounting related to this
appropriation.
(2) For the 2021-22 state fiscal year, $4,006,005 is appropriated to the
division of parks and wildlife aquatic nuisance species fund created in section
33-10.5-108 (1)(a)(I), C.R.S. This appropriation is from the severance tax
operational fund created in section 39-29-109 (2)(b), C.R.S. The department of
natural resources is responsible for the accounting related to this appropriation.
(3) For the 2021-22 state fiscal year, $450,000 is appropriated to the
conservation district grant fund created in section 35-1-106.7 (1), C.R.S. This
appropriation is from the severance tax operational fund created in section 39-
29-109 (2)(b), C.R.S. The department of agriculture is responsible for the
accounting related to this appropriation.".

Renumber succeeding sections accordingly.

Page 1, line 101, strike "REVENUE." and substitute "REVENUE, AND, IN
CONNECTION THEREWITH, MAKING AN APPROPRIATION.".


Appro-
priations


Senate Journal, May 27
SB21-281 by Senator(s) Hansen and Rankin, Moreno; also Representative(s) McCluskie and Ransom,
Herod--Concerning severance tax revenue, and, in connection therewith, making an
appropriation.

Amendment No. 1, Appropriations Committee Amendment.
(Printed in Senate Journal, May 26, page(s) 1143 and placed in members' bill files.)

Amendment No. 2(L.001), by Senator Hansen.

Amend printed bill, page 4, line 7, after "RESOURCES," insert "EDUCATION,".

Page 4, strike line 12 and substitute:

"(III) TAX EXPENDITURES;
(IV) TAXES PAID BY INDUSTRY TO SPECIAL DISTRICTS;
(V) TAX FILING AND PROCESS EFFICIENCIES; AND".

Renumber succeeding subparagraph accordingly.

Page 4, after line 13 insert:

"(b) THE PERSONS IDENTIFIED IN SUBSECTION (6)(a) SHALL ESTABLISH
A STAKEHOLDER GROUP, CONSISTING OF AFFECTED INDUSTRIES AND PARTIES,
INCLUDING LOCAL GOVERNMENT REPRESENTATIVES, TO ASSIST THEIR REVIEW
AND ANALYSIS.".

Renumber succeeding paragraphs accordingly.

Page 4, line 17, strike "JANUARY 1, 2022." and substitute "DECEMBER 15, 2021.
PRIOR TO SUBMITTAL OF THE WRITTEN RECOMMENDATIONS, THE STAKEHOLDER
GROUP SHALL HAVE AN OPPORTUNITY TO REVIEW THE DRAFT
RECOMMENDATIONS AND INDIVIDUAL STAKEHOLDERS MAY PROVIDE COMMENTS
IN RESPONSE TO THE RECOMMENDATIONS TO BE INCLUDED AS PART OF THE
RECOMMENDATIONS.".


Amendment No. 3(L.002), by Senator Rankin.

Amend printed bill, page 14, after line 18 insert:

"SECTION 7. In Colorado Revised Statutes, 39-29-109.3, repeal as
added by House Bill 21-1242 (2)(t) as follows:
39-29-109.3. Severance tax operational fund - core reserve - grant
program reserve - definitions - repeal. (2) Subject to the requirements of
subsections (3) and (3.5) of this section, if the general assembly chooses not to
spend up to one hundred percent of the money in the operational fund on core
departmental programs, the state treasurer shall transfer the following amounts:
(t) For each state fiscal year commencing on or after July 1, 2021,
through July 1, 2029, five hundred thousand dollars per year to the agriculture
value-added cash fund created in section 35-75-205 (1).".

Renumber succeeding sections accordingly.

Page 19, line 7, strike "later." and substitute "later, and section 7 of this act
takes effect only if House Bill 21-1242 becomes law, in which case section 7
takes effect on the effective date of this act or House Bill 21-1242, whichever
is later.".

As amended, ordered engrossed and placed on the calendar for third reading and final
passage.


House Journal, June 4
14 SB21-281 be amended as follows, and as so amended, be referred to
15 the Committee of the Whole with favorable
16 recommendation:
17
18 Amend reengrossed bill, page 8, line 24, strike "JULY 1, 2021," and
19 substitute "JUNE 30, 2021,".
20

House Journal, June 4
30 Amendment No. 1, Appropriations Report, dated June 4, 2021, and
31 placed in member's bill file; Report also printed in House Journal, June 4,
32 2021.
33
34 As amended, ordered revised and placed on the Calendar for Third
35 Reading and Final Passage.
36

House Journal, June 7
31 Amend revised bill, page 8, line 24, strike the second "JUNE 30, 2021,"
32 and substitute "JULY 1, 2022,".
33
34 Page 20, line 18, "strike "July 1, 2021;" and substitute "upon passage;".
35
36 The amendment was declared passed by the following roll call vote:
37
38 YES 60 NO 3 EXCUSED 2 ABSENT
39 Amabile Y Exum Y Lynch Y Sirota Y
40 Bacon Y Froelich Y McCluskie Y Snyder Y
41 Baisley N Geitner Y McCormick Y Soper Y
42 Benavidez Y Gonzales-Gutierrez Y McKean Y Sullivan Y
43 Bernett Y Gray Y McLachlan Y Tipper Y
44 Bird Y Hanks Y Michaelson Jenet Y Titone Y
45 Bockenfeld Y Herod Y Mullica Y Valdez A. Y
46 Boesenecker Y Holtorf Y Neville N Valdez D. Y
47 Bradfield Y Hooton Y Ortiz Y Van Beber Y
48 Caraveo Y Jackson Y Pelton N Van Winkle Y
49 Carver Y Jodeh Y Pico Y Weissman Y
50 Catlin Y Kennedy Y Ransom Y Will Y
51 Cutter Y Kipp Y Rich Y Williams E
52 Daugherty Y Larson Y Ricks Y Woodrow Y
53 Duran Y Lontine Y Roberts Y Woog Y
54 Esgar Y Luck E Sandridge Y Young Y
55 Speaker Y
1 The question being, "Shall the bill, as amended, pass?".
2 A roll call vote was taken. As shown by the following recorded vote, a
3 majority of those elected to the House voted in the affirmative, and the
4 bill, as amended, was declared passed.
5
6 YES 64 NO 0 EXCUSED 1 ABSENT
7 Amabile Y Exum Y Lynch Y Sirota Y
8 Bacon Y Froelich Y McCluskie Y Snyder Y
9 Baisley Y Geitner Y McCormick Y Soper Y
10 Benavidez Y Gonzales-Gutierrez Y McKean Y Sullivan Y
11 Bernett Y Gray Y McLachlan Y Tipper Y
12 Bird Y Hanks Y Michaelson Jenet Y Titone Y
13 Bockenfeld Y Herod Y Mullica Y Valdez A. Y
14 Boesenecker Y Holtorf Y Neville Y Valdez D. Y
15 Bradfield Y Hooton Y Ortiz Y Van Beber Y
16 Caraveo Y Jackson Y Pelton Y Van Winkle Y
17 Carver Y Jodeh Y Pico Y Weissman Y
18 Catlin Y Kennedy Y Ransom Y Will Y
19 Cutter Y Kipp Y Rich Y Williams Y
20 Daugherty Y Larson Y Ricks Y Woodrow Y
21 Duran Y Lontine Y Roberts Y Woog Y
22 Esgar Y Luck E Sandridge Y Young Y
23 Speaker Y
24 Co-sponsor(s) added: Representative(s) Bird, Esgar, Kennedy, Mullica, Ricks,
25 Snyder
26