ASLA - Colorado

HB21-1042 Water Storage Tanks Grant Program 
Comment:
Calendar Notification: NOT ON CALENDAR
Short Title: Water Storage Tanks Grant Program
Sponsors: R. Hanks
Summary:

The bill establishes the water storage tank wildfire mitigation grant program (grant program) within the forest service. Grant recipients may use grant money to purchase water storage tanks for wildfire firefighting efforts. The grant program only awards grants to entities that are an agency of local government, a county, a municipality, a special district, a tribal agency or program, or a nonprofit or not-for-profit organization that is registered and in good standing with the secretary of state's office. In awarding grants, the forest service considers the potential impact of additional water storage tanks in the applicant's jurisdiction or area.

Grant recipients are required to report to the forest service, and the forest service is required to annually report on the grant program to the wildfire matters review committee.

The bill also creates the water storage tank wildfire mitigation cash fund. Money in the fund is used to implement the grant program. The general assembly is required to transfer $5 million into the fund beginning September 1, 2021, through and including the 2024-25 fiscal year.


(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 Postpone Indefinitely
Amendments:

HB21-1045 Invasive Pest Control Administration 
Comment:
Calendar Notification: NOT ON CALENDAR
Short Title: Invasive Pest Control Administration
Sponsors: M. Young (D) | D. Valdez (D) / R. Fields (D)
Summary:

The bill creates the emergency invasive-pest response fund (fund), which is subject to annual appropriation. The commissioner of agriculture (commissioner) may expend money from the fund to implement the bill and emergency measures to control or eradicate invasive pests. The state agricultural commission (commission) may request that, at the end of each fiscal year, money in the plant health, pest control, and environmental protection cash fund be transferred to the fund. The commissioner is authorized to seek and expend gifts, grants, or donations from private or public sources for the new fund.

The commissioner may:

  • Enter into an agreement with any person or local government to provide pest control services. The department of agriculture may provide pest control services directly or through a local government and may require remuneration for providing pest control services. The remuneration is deposited in the fund.
  • Work cooperatively with the United States secretary of agriculture to implement a joint phytosanitary program if the program would economically or environmentally assist with mitigating or eradicating the spread of a regulated nonquarantine pest; and
  • Quarantine anything that harbors a pest if the pest has an economically unacceptable impact and if the measures to control the pest may achieve an acceptable level of official control.

If the commissioner determines that a public nuisance creates an unacceptable risk of spreading a pest, the commissioner may coordinate with industry to, support local governments to, and make grants to take emergency action to quarantine, control, or eradicate an invasive pest.

The commission may establish procedures for determining what is a public nuisance. A board of county commissioners may declare a pest to be a public nuisance and require its control or eradication.

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


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

Status: 2/16/2021 Introduced In House - Assigned to Agriculture, Livestock, & Water
2/22/2021 House Committee on Agriculture, Livestock, & Water Refer Unamended to House Committee of the Whole
2/25/2021 House Second Reading Laid Over to 03/01/2021 - No Amendments
3/1/2021 House Second Reading Laid Over Daily - No Amendments
3/2/2021 House Second Reading Laid Over to 03/04/2021 - No Amendments
3/4/2021 House Second Reading Passed with Amendments - Floor
3/5/2021 House Third Reading Passed - No Amendments
3/10/2021 Introduced In Senate - Assigned to Agriculture & Natural Resources
4/15/2021 Senate Committee on Agriculture & Natural Resources Refer Amended to Senate Committee of the Whole
4/21/2021 Senate Second Reading Passed with Amendments - Committee
4/22/2021 Senate Third Reading Passed - No Amendments
4/23/2021 House Considered Senate Amendments - Result was to Concur - Repass
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
Amendments:

House Journal, March 4
42 Amendment No. 1, by Representative Young.
43
1 Amend printed bill, page 4, after line 2 insert:
2
3 "(5) THE DEPARTMENT SHALL REPORT ANNUALLY THE AMOUNT
4 AND SOURCE OF MONEY RECEIVED UNDER THIS SECTION IN THE PRIOR
5 FISCAL YEAR AT THE HEARING REQUIRED BY THE "STATE MEASUREMENT
6 FOR ACCOUNTABLE, RESPONSIVE, AND TRANSPARENT (SMART)
7 GOVERNMENT ACT", PART 2 OF ARTICLE 7 OF TITLE 2.".
8
9 Page 4, strike lines 24 through 26 and substitute:
10
11 "(6) "ERADICATE" MEANS THE COMPLETE ELIMINATION OF A PEST
12 AND ITS PARTS CAPABLE OF REPRODUCTION BASED ON ITS ABSENCE AS
13 DETERMINED BY A NEGATIVE VERIFICATION SURVEY FOR THE TARGET
14 PEST.".
15
16 Page 5, after line 7 insert:
17
18 "(9) "LOCAL GOVERNMENT" MEANS A COUNTY, MUNICIPALITY,
19 CITY AND COUNTY, OR PEST CONTROL DISTRICT.".
20
21 Renumber succeeding subsections accordingly.
22
23 Page 5, strike lines 19 through 22 and substitute:
24
25 "(6) (13) (a) "Pests" means ORGANISMS THAT CAUSE HARM TO
26 AGRICULTURE OR NATURAL LANDS.
27 (b) "PESTS" INCLUDES insect pests, PLANT PESTS, and animal pests,
28 except rodents, jackrabbits, and predatory animals, and includes plant
29 diseases and weeds.
30 (c) For purposes of section 35-4-107, the definition of pests shall
31 DOES not include NOXIOUS weeds.".
32
33 Page 5, strike line 27.
34
35 Page 6, strike lines 1 through 3 and substitute:
36
37 "(15) "PLANT PEST" MEANS ANY LIVING STAGE OF A PEST THAT
38 CAN, DIRECTLY OR INDIRECTLY, CAUSE DISEASE IN, SPOILAGE OF, OR
39 DAMAGE TO PLANTS, PLANT PARTS, OR PROCESSED PLANT MATERIALS.
40 (16) "PLANT PRODUCT" MEANS UNMANUFACTURED MATERIAL OF
41 PLANT ORIGIN THAT, BY THE PRODUCT'S NATURE, MAY CREATE A RISK FOR
42 THE INTRODUCTION AND SPREAD OF PESTS.".
43
44 Renumber succeeding subsections accordingly.
45
46 Page 6, line 7, strike "NOXIOUS".
47
48 Page 6, after line 11 insert:
49
50 "(18) "QUARANTINE" MEANS THE OFFICIAL CONFINEMENT OF
51 REGULATED ARTICLES FOR, REGULATED PESTS FOR, OR ORGANISMS FOR
52 INSPECTION, TESTING, TREATMENT, OBSERVATION, OR RESEARCH.".
53
54 Renumber succeeding subsections accordingly.
55
56 Page 6, strike lines 15 through 21 and substitute:
1 "(20) "REGULATED NONQUARANTINE PEST" MEANS A PEST THAT
2 IS:
3 (a) PRESENT IN COLORADO; AND
4 (b) UNDER A MANDATED CONTROL PROGRAM DUE TO SPECIFIC
5 LOCAL CIRCUMSTANCES, NOTWITHSTANDING THAT THE PEST MAY BE
6 WIDELY DISTRIBUTED IN THE UNITED STATES.
7 (21) "REGULATED PEST" MEANS A QUARANTINE PEST OR A
8 REGULATED NONQUARANTINE PEST DESIGNATED BY FEDERAL OR STATE
9 PLANT PROTECTION OFFICIALS.
10 (9) (22) "Weeds" "WEED" means any noxious, destructive or
11 troublesome".
12
13 Page 6, line 23, strike "welfare." and substitute "welfare OR AFFECT
14 NATURAL RESOURCES.".
15
16 Page 7, line 17, before "PEST" insert "REGULATED".
17
18 Page 7, strike line 27.
19
20 Page 8, strike lines 1 and 2 and substitute:
21
22 "(2) A BOARD OF COUNTY COMMISSIONERS MAY DECLARE A PEST
23 TO BE A PUBLIC NUISANCE AND REQUIRE ITS CONTROL OR ERADICATION.".
24
25 As amended, ordered engrossed and placed on the Calendar for Third
26 Reading and Final Passage.
27

Senate Journal, April 19
After consideration on the merits, the Committee recommends that HB21-1045 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 5, strike lines 3 through 5 and substitute "AND
ITS PARTS CAPABLE OF REPRODUCTION BASED ON ITS ABSENCE.".




HB21-1056 Cost Thresholds For Public Project Bidding Requirements 
Comment:
Calendar Notification: NOT ON CALENDAR
Short Title: Cost Thresholds For Public Project Bidding Requirements
Sponsors: R. Pelton (R) / C. Hansen (D)
Summary:

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

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

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

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


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

Status: 2/16/2021 Introduced In House - Assigned to Transportation & Local Government + Business Affairs & Labor
3/30/2021 House Committee on Transportation & Local Government Refer Amended to Business Affairs & Labor
4/7/2021 House Committee on Business Affairs & Labor Refer Amended to House Committee of the Whole
4/9/2021 House Second Reading Passed with Amendments - Committee
4/12/2021 House Third Reading Passed - No Amendments
4/13/2021 Introduced In Senate - Assigned to Transportation & Energy
4/27/2021 Senate Committee on Transportation & Energy Refer Unamended to Senate Committee of the Whole
4/30/2021 Senate Second Reading Passed - No Amendments
5/3/2021 Senate Third Reading Passed - No Amendments
5/14/2021 Sent to the Governor
5/14/2021 Signed by the President of the Senate
5/14/2021 Signed by the Speaker of the House
5/24/2021 Governor Signed
Amendments:

House Journal, March 31
36 HB21-1056 be amended as follows, and as so amended, be referred to
37 the Committee on Business Affairs & Labor with
38 favorable recommendation:
39
40 Amend printed bill, page 2, strike line 3 and substitute "the introductory
41 portion and (8)(c) as follows:".
42
43 Page 2, strike lines 6 through 16 and substitute:
44
45 "(8) (c) "Public project" does not include any project under the
46 supervision of the department of transportation for which appropriation
47 or expenditure of funds may be reasonably expected not to exceed one
48 TWO hundred fifty thousand dollars in the aggregate of any fiscal year.".
49
50 Page 3, line 12, strike "FIVE HUNDRED" and substitute "TWO HUNDRED
51 FIFTY".
52
53 Page 3, line 16, strike "FIVE HUNDRED" and substitute "TWO HUNDRED
54 FIFTY".
55
56
1 Page 3, after line 19 insert:
2
3 "SECTION 3. In Colorado Revised Statutes, add 24-92-114 as
4 follows:
5 24-92-114. Department of transportation - reporting
6 requirements. (1) THE DEPARTMENT OF TRANSPORTATION SHALL
7 ANNUALLY IDENTIFY IN A REPORT TO THE TRANSPORTATION COMMISSION
8 AND TO THE TRANSPORTATION LEGISLATION REVIEW COMMITTEE OF THE
9 GENERAL ASSEMBLY ALL HIGHWAY MAINTENANCE PROJECTS FOR THE
10 REPORTING YEAR COSTING MORE THAN ONE HUNDRED FIFTY THOUSAND
11 DOLLARS BUT NOT MORE THAN TWO HUNDRED FIFTY THOUSAND DOLLARS
12 THAT:
13 (a) THE DEPARTMENT IS COMPLETING USING ITS OWN EMPLOYEES;
14 (b) THE DEPARTMENT AWARDED BY INVITATION FOR BIDS
15 PURSUANT TO SECTION 24-92-103 OR BY COMPETITIVE SEALED BEST
16 VALUE BIDDING PURSUANT TO SECTION 24-92-103.5; OR
17 (c) FOR WHICH THE DEPARTMENT SOLICITED BUT DID NOT RECEIVE
18 BIDS PURSUANT TO SECTION 24-92-103 OR 24-92-103.5.
136 19 (2) NOTWITHSTANDING THE REQUIREMENT IN SECTION 24-1-
20 (11)(a)(I), THE REQUIREMENT TO SUBMIT THE REPORT REQUIRED IN
21 SUBSECTION (1) OF THIS SECTION CONTINUES INDEFINITELY.".
22
23 Renumber succeeding sections accordingly.
24
25 Page 3, line 25, after "that" insert "A CONTRACTOR PERFORMING WORK ON
26 A PUBLIC PROJECT FOR".
27
28 Page 3, line 26, strike "project THAT COSTS MORE".
29
30 Page 3, strike line 27 and substitute "project, regardless of the amount
31 or".
32
33 Page 4, line 3, after "ACTS." add "ANY WORK PERFORMED ON A PUBLIC
34 PROJECT UNDER THE SUPERVISION OF THE DEPARTMENT OF
35 TRANSPORTATION THAT IS ELECTRICAL WORK, AS DEFINED IN SECTION
36 12-115-103 (5), MUST UTILIZE LICENSED JOURNEYMEN ELECTRICIANS, AS
37 DEFINED IN SECTION 12-115-103 (6), LICENSED MASTER ELECTRICIANS, AS
38 DEFINED IN SECTION 12-115-103 (7), OR REGISTERED AND PROPERLY
39 SUPERVISED APPRENTICES, AS DEFINED IN SECTION 12-115-103 (1),
40 REGARDLESS OF WHETHER THE WORK IS PERFORMED BY DEPARTMENT OF
41 TRANSPORTATION EMPLOYEES OR PERFORMED BY A CONTRACTOR ON
42 BEHALF OF THE DEPARTMENT OF TRANSPORTATION.".
43
44

House Journal, April 7
26 HB21-1056 be amended as follows, and as so amended, be referred to
27 the Committee of the Whole with favorable
28 recommendation:
29
30 Amend printed bill, page 3, line 15, after "HUNDRED" insert "FIFTY".
31
32

House Journal, April 9
10 Amendment No. 1, Business Affairs & Labor Report, dated April 7, 2021,
11 and placed in member's bill file; Report also printed in House Journal,
12 April 7, 2021.
13
14 Amendment No. 2, Transportation & Local Government Report, dated
15 March 30, 2021, and placed in member's bill file; Report also printed in
16 House Journal, March 30, 2021.
17
18 As amended, ordered engrossed and placed on the Calendar for Third
19 Reading and Final Passage.
20



HB21-1117 Local Government Authority Promote Affordable Housing Units 
Comment:
Calendar Notification: NOT ON CALENDAR
Short Title: Local Government Authority Promote Affordable Housing Units
Sponsors: S. Lontine (D) | S. Gonzales-Gutierrez (D) / J. Gonzales (D) | R. Rodriguez (D)
Summary:

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

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


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

Status: 2/16/2021 Introduced In House - Assigned to Transportation & Local Government
3/10/2021 House Committee on Transportation & Local Government Refer Unamended to House Committee of the Whole
3/16/2021 House Second Reading Laid Over Daily - No Amendments
3/19/2021 House Second Reading Passed with Amendments - Floor
3/22/2021 House Third Reading Passed - No Amendments
3/25/2021 Introduced In Senate - Assigned to State, Veterans, & Military Affairs
4/27/2021 Senate Committee on State, Veterans, & Military Affairs Refer Amended to Senate Committee of the Whole
4/30/2021 Senate Second Reading Passed with Amendments - Committee
5/3/2021 Senate Third Reading Passed - No Amendments
5/4/2021 House Considered Senate Amendments - Result was to Laid Over Daily
5/7/2021 House Considered Senate Amendments - Result was to Concur - Repass
5/19/2021 Signed by the President of the Senate
5/19/2021 Signed by the Speaker of the House
5/21/2021 Sent to the Governor
5/28/2021 Governor Signed
Amendments:

House Journal, March 19
10 Amendment No. 1, by Representative Lontine.
11
12 Amend printed bill, page 3, line 13, after the period add "NOTHING IN
13 THIS SUBSECTION (1)(e.5) IS CONSTRUED TO AUTHORIZE A LOCAL
14 GOVERNMENT TO ADOPT OR ENFORCE ANY ORDINANCE OR REGULATION
15 THAT WOULD HAVE THE EFFECT OF CONTROLLING RENT ON ANY EXISTING
16 PRIVATE RESIDENTIAL HOUSING UNIT IN VIOLATION OF SECTION
17 38-12-301.".
18
19 Page 3, strike line 15 and substitute "takes effect at 12:01 a.m. on the day
20 following the expiration of the ninety-day period after final adjournment
21 of the general assembly; except that, if a referendum petition is".
22
23 As amended, ordered engrossed and placed on the Calendar for Third
24 Reading and Final Passage.
25

Senate Journal, April 28
After consideration on the merits, the Committee recommends that HB21-1117 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.

Amend reengrossed bill, page 2, line 20, strike "(1)(e.5)" and substitute
"(1)(e.5), (1)(e.7), and (1)(e.9)".

Page 3, line 5, strike "(E.5)" and substitute "(e.5)".

Page 3, after line 17 insert:

"(e.7) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, A
LOCAL GOVERNMENT SHALL NOT EXERCISE THE AUTHORITY GRANTED BY
SUBSECTION (1)(e.5) OF THIS SECTION UNLESS THE LOCAL GOVERNMENT
DEMONSTRATES, AT THE TIME IT ENACTS A LAND USE REGULATION FOR THE
PURPOSE OF EXERCISING SUCH AUTHORITY, IT HAS TAKEN ONE OR MORE OF THE
FOLLOWING ACTIONS TO INCREASE THE OVERALL NUMBER AND DENSITY OF
HOUSING UNITS WITHIN ITS JURISDICTIONAL BOUNDARIES OR TO PROMOTE OR
CREATE INCENTIVES TO THE CONSTRUCTION OF AFFORDABLE HOUSING UNITS:
(I) ADOPT CHANGES TO ITS ZONING AND LAND USE POLICIES THAT ARE
INTENDED TO INCREASE THE OVERALL DENSITY AND AVAILABILITY OF HOUSING,
INCLUDING BUT NOT LIMITED TO:
(A) CHANGING ITS ZONING REGULATIONS TO INCREASE THE NUMBER OF
HOUSING UNITS ALLOWED ON A PARTICULAR SITE;
(B) PROMOTING MIXED-USE ZONING THAT PERMITS HOUSING UNITS TO
BE INCORPORATED IN A WIDER RANGE OF DEVELOPMENTS;
(C) PERMITTING MORE THAN ONE DWELLING UNIT PER LOT IN
TRADITIONAL SINGLE-FAMILY LOTS;
(D) INCREASING THE PERMITTED HOUSEHOLD SIZE IN SINGLE FAMILY
HOMES;
(E) PROMOTING DENSER HOUSING DEVELOPMENT NEAR TRANSIT
STATIONS AND PLACES OF EMPLOYMENT;
(F) GRANTING REDUCED PARKING REQUIREMENTS TO RESIDENTIAL OR
MIXED-USE DEVELOPMENTS THAT INCLUDE HOUSING NEAR TRANSIT STATIONS
OR AFFORDABLE HOUSING DEVELOPMENTS;
(G) GRANTING DENSITY BONUSES TO DEVELOPMENT PROJECTS THAT
INCORPORATE AFFORDABLE HOUSING UNITS; OR
(H) ADOPTING POLICIES TO PROMOTE THE DIVERSITY OF THE HOUSING
STOCK WITHIN THE LOCAL COMMUNITY INCLUDING A MIX OF BOTH FOR-SALE
AND RENTAL HOUSING OPPORTUNITIES;
(II) MATERIALLY REDUCE OR ELIMINATE UTILITY CHARGES,
REGULATORY FEES, OR TAXES IMPOSED BY THE LOCAL GOVERNMENT
APPLICABLE TO AFFORDABLE HOUSING UNITS;
(III) GRANT AFFORDABLE HOUSING DEVELOPMENTS MATERIAL
REGULATORY RELIEF FROM ANY TYPE OF ZONING OR OTHER LAND
DEVELOPMENT REGULATIONS THAT WOULD ORDINARILY RESTRICT THE DENSITY
OF NEW DEVELOPMENT OR REDEVELOPMENT;
(IV) ADOPT POLICIES TO MATERIALLY MAKE SURPLUS PROPERTY
OWNED BY THE LOCAL GOVERNMENT AVAILABLE FOR THE DEVELOPMENT OF
HOUSING; OR
(V) ADOPT ANY OTHER REGULATORY MEASURE THAT IS EXPRESSLY
DESIGNED AND INTENDED TO INCREASE THE SUPPLY OF HOUSING WITHIN THE
LOCAL GOVERNMENT'S JURISDICTIONAL BOUNDARIES.
(e.9) THE DEPARTMENT OF LOCAL GOVERNMENT SHALL OFFER
GUIDANCE TO ASSIST LOCAL GOVERNMENTS IN CONNECTION WITH THE
IMPLEMENTATION OF THIS SECTION.".


State,
Veterans, &
Military
Affairs



HB21-1147 Simplify Architects Continuing Education Requirement 
Comment:
Calendar Notification: NOT ON CALENDAR
Short Title: Simplify Architects Continuing Education Requirement
Sponsors: D. Valdez (D) | K. Van Winkle (R) / C. Hansen (D) | C. Simpson
Summary:

The practice act for professional architects directs the department of regulatory agencies to adopt rules establishing requirements for continuing education and also requiring an architect to demonstrate retention of the material presented in the continuing education program or course. The requirement to demonstrate program or course material retention is not typical among licensed professionals in Colorado and is not common practice in other states.

The bill removes the material retention requirement, allowing an architect to renew a license upon demonstrating compliance with the continuing education requirement alone, as do all other licensed professionals with continuing education requirements in Colorado.


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

Status: 3/3/2021 Introduced In House - Assigned to Business Affairs & Labor
3/17/2021 House Committee on Business Affairs & Labor Refer Unamended to House Committee of the Whole
3/19/2021 House Second Reading Passed - No Amendments
3/22/2021 House Third Reading Passed - No Amendments
3/24/2021 Introduced In Senate - Assigned to Business, Labor, & Technology
4/12/2021 Senate Committee on Business, Labor, & Technology Refer Unamended - Consent Calendar to Senate Committee of the Whole
4/15/2021 Senate Second Reading Passed - No Amendments
4/16/2021 Senate Third Reading Passed - No Amendments
4/26/2021 Sent to the Governor
4/26/2021 Signed by the Speaker of the House
4/26/2021 Signed by the President of the Senate
4/29/2021 Governor Signed
Amendments:

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

Section 3 of the bill defines "disproportionately impacted community" andSection 4 requires the air quality control commission to promote outreach to and engage with disproportionately impacted communities by creating new ways to gather input from communities across the state, using multiple languages and multiple formats, and transparently sharing information about adverse effects resulting from its proposed actions.Section 5 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 of addressing environmental justice inequities. The task force will:

  • Hold meetings to solicit public comment concerning the development of a state agency-wide environmental justice strategy and a plan to implement that strategy, including ways to address data gaps and data sharing between state agencies and the engagement of disproportionately impacted communities;
  • Evaluate and propose recommended revisions to the definition of "disproportionately impacted community" and the state agencies and their proposed actions that are subject to section 3; and
  • File a final report by November 14, 2022, regarding its recommendations.

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

To implement the bill, section 6 appropriates 2.7 FTE and $456,090 from the general fund to the department of public health and environment, of which $106,340 is reappropriated to the department of law, including 0.5 FTE.

(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: 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
Amendments:

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




HB21-1268 Study Emerging Technologies For Water Management 
Comment:
Calendar Notification: NOT ON CALENDAR
Short Title: Study Emerging Technologies For Water Management
Sponsors: B. Titone (D) | P. Will (R) / C. Hansen (D) | C. Simpson
Summary:

The bill declares that new technologies, such as blockchain, telemetry, improved sensors, and advanced aerial observation platforms, can improve monitoring, management, conservation, and trading 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 bill:

  • Authorizes and directs the university of Colorado and Colorado state university, in collaboration with the Colorado water institute at Colorado state university, to conduct feasibility studies and pilot deployments of these new technologies to improve water management in Colorado; and
  • Appropriates $20,000 to each university from the general fund, contingent on the universities' receipt of a matching $40,000 in gifts, grants, and donations, for the purpose of funding the feasibility studies and pilot deployments.

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, both in any published reports produced by the universities and in the annual "SMART Act" hearings held by the general assembly.

(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: 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
Amendments:

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



HB21-1271 Department Of Local Affairs Innovative Affordable Housing Strategies 
Comment:
Calendar Notification: Tuesday, June 8 2021
CONSIDERATION OF SENATE AMENDMENTS TO HOUSE BILLS
(29) in house calendar.
Short Title: Department Of Local Affairs Innovative Affordable Housing Strategies
Sponsors: J. McCluskie (D) | I. Jodeh / J. Gonzales (D)
Summary:

The bill creates 3 different programs in the department of local affairs (DOLA) for the purpose of offering grant money and other forms of state assistance to local governments to promote innovative solutions to the development of affordable housing across the state.

Local government affordable housing development incentives grant program (housing development incentives grant program). This program will provide grants to local governments that adopt not less than 3 policy and regulatory tools from among a menu of options that create incentives to promote the development of affordable housing. A local government that adopts such tools is eligible for a grant from the housing development incentives grant program as an incentive to develop one or more affordable housing developments in their community that are liveable, vibrant, and driven by community benefits. The division of local government (DLG) within DOLA administers the housing development incentives grant program.

The bill enumerates items included in the menu of policy and regulatory tools.

Local government planning grant program. This program will provide grants to local governments that lack one or more of the policy and regulatory tools that provide incentives to promote the development of affordable housing that forms the basis for a grant under the housing development incentives grant program and that could benefit from additional funding to be able to create and make use of these policy and regulatory tools. Money under the planning grant program will be available to a local government to enable the government to retain a consultant or a related professional service to assess the housing needs of its community or to make changes to its policies, programs, development review processes, land use codes, and related rules to become an eligible recipient of a grant under the housing development incentives grant program. The planning grant program will be administered by the DLG. As part of its administration of the planning grant program, the DLG will provide assistance to local governments on best land use practices and tools and is required to update and publish model county and municipal land use codes for the benefit of local governments across the state.The affordable housing guided toolkit and local officials guide program (housing toolkit program). This program creates the housing toolkit program within the division of housing (DOH) within DOLA. The purpose of the housing toolkit program is to award funding to qualified counties, and municipalities, and federally recognized tribes within the state selected in a competitive process who commit to the adoption of best land use practices with demonstrated success in the development of affordable housing. Under the housing toolkit program, technical assistance will be provided by consultants and related professionals to local governments who demonstrate an understanding of the housing needs of their communities, take steps to engage their entire communities in this process, make changes to their land use codes and related processes that provide incentives and reduce barriers to the development of affordable housing, obtain and support viable sites in their communities for the development of affordable housing, and attract developers committed to making such investments in their communities. The DOH is to administer the housing toolkit program.

In evaluating applications for grants from the housing development incentives grant program, the bill requires the DLG to prioritize proposals submitted by local governments based on factors specified in the bill.

On or before September 1, 2021, the bill requires the executive director of DOLA or the executive director's designee to adopt policies, procedures, and guidelines for the 3 different state assistance programs that include, without limitation:

  • Procedures and timelines by which an eligible recipient may apply for a grant;
  • Criteria for determining the amount of grant awards;
  • Performance criteria for grant recipients' projects; and
  • Reporting requirements for grant recipients.

On the effective date of the bill, or as soon as practicable thereafter, the state treasurer is required to transfer $9,300,000 from the general fund to the Colorado heritage communities fund for the creation, implementation, and administration by the DLG of the housing development incentives grant programs.

On the effective date of the bill, or as soon as practicable thereafter, the state treasurer is required to transfer $2,100,000 from the general fund to the Colorado heritage communities fund for the creation, implementation, and administration by the DLG of the planning grant program.

On the effective date of the bill, or as soon as practicable thereafter, the state treasurer is required to transfer $1,600,000 from the general fund to the housing development grant fund for the creation, implementation, and administration by the DOH of the housing toolkit program.

All costs incurred in administering any of the 3 programs created under the bill must be paid out of the money transferred under the bill. All money transferred under the bill for the 3 state programs must be expended over the subsequent 3 state fiscal years.

On or before November 1 of each year, the executive director of DOLA or the director's designee is required to publish a report summarizing the use of all assistance that was awarded from the 3 different programs created under the bill in the preceding fiscal year. The bill specifies additional required contents of the reports. The reports must be shared with the general assembly and posted on DOLA's website.

The bill updates and repeals obsolete statutory provisions concerning the office of smart growth (OSG) within DOLA and the Colorado heritage communities fund.

The bill authorizes the OSG, as money becomes available, to provide grants or other forms of assistance to counties and municipalities to address critical planning issues and specifies examples of the forms of assistance that may be provided by the office. The OSG is required to create guidelines to specify the activities on the part of local governments that will qualify for grant funding or other forms of assistance provided under the bill. The OSG is permitted to use available money to administer the Colorado heritage grant program.

The bill appropriates $9,300,000 to DOLA from the Colorado heritage communities fund for the affordable housing development incentives grant program.The bill appropriates $2,100,000 to DOLA from the Colorado heritage communities fund for the local government planning grant program.

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


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

Status: 4/12/2021 Introduced In House - Assigned to Transportation & Local Government
4/28/2021 House Committee on Transportation & Local Government Refer Amended to Appropriations
5/4/2021 House Committee on Appropriations Refer Amended to House Committee of the Whole
5/4/2021 House Second Reading Special Order - Passed with Amendments - Committee, Floor
5/5/2021 House Third Reading Passed - No Amendments
5/6/2021 Introduced In Senate - Assigned to Local Government
5/11/2021 Senate Committee on Local Government Refer Amended to Appropriations
6/3/2021 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
6/4/2021 Senate Second Reading Special Order - Passed with Amendments - Committee, Floor
6/7/2021 Senate Third Reading Passed - No Amendments
6/8/2021 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
6/27/2021 Signed by Governor
6/27/2021 Governor Signed
Amendments:

House Journal, April 28
41 HB21-1271 be amended as follows, and as so amended, be referred to
42 the Committee on Appropriations with favorable
43 recommendation:
44
45 Amend printed bill, page 5, line 17, strike "housing," and substitute
46 "housing and more liveable and vibrant communities,".
47
48 Amend printed bill, page 8, strike line 25 and substitute "THAT ARE
49 DRIVEN BY COMMUNITY BENEFITS AND THAT FOCUS ON CRITICAL HOUSING
50 NEEDS AS IDENTIFIED BY THE LOCAL GOVERNMENT.".
51
52 Page 9, lines 10 and 11, strike "AS, WITHOUT LIMITATION:" and substitute
53 "INCLUDING BUT NOT LIMITED TO:".
54
55 Page 9, line 12, after "VACANT" insert "PUBLICLY OWNED".
1 Page 9, line 15, strike "PERMITTING FEES" and substitute "FEES,
2 INCLUDING BUT NOT LIMITED TO BUILDING PERMIT FEES, PLANNING
3 WAIVERS, AND WATER AND SEWER TAP FEES,".
4
5 Page 9, strike lines 26 and 27 and substitute:
6
7 "(E) THE ESTABLISHMENT OF A DENSITY BONUS PROGRAM TO
8 INCREASE THE CONSTRUCTION OF UNITS THAT MEET CRITICAL HOUSING
9 NEEDS IN THE LOCAL COMMUNITY;".
10
11 Page 10, strike lines 1 through 10.
12
13 Reletter succeeding sub-subparagraphs accordingly.
14
15 Page 10, line 17, strike "FEES;" and substitute "FEES RELATED TO
16 PUBLICLY OWNED WATER, SANITARY SEWER, STORM SEWERS, AND
17 ROADWAYS INFRASTRUCTURE;".
18
19 Page 11, line 5, strike "DONATION" and substitute "DONATION, LAND
20 ACQUISITION,".
21
22 Page 12, strike line 13 and substitute "DRIVEN BY COMMUNITY BENEFITS
23 AND THAT FOCUSES ON CRITICAL HOUSING NEEDS AS IDENTIFIED BY THE
24 LOCAL GOVERNMENT;".
25
26 Page 12, strike lines 18 through 22 and substitute:
27
28 "(V) REPRESENTS DIVERSITY IN THE TYPE OF AFFORDABLE
29 HOUSING CREATED FOR RENTAL HOUSING IN ACCORDANCE WITH
30 SUBSECTION (1)(a)(I) OF THIS SECTION AND FOR HOME OWNERSHIP IN
31 ACCORDANCE WITH SUBSECTION (1)(a)(II) OF THIS SECTION; AND".
32
33 Page 12, line 24, after the "A" insert "LONG-TERM".
34
35 Page 15, line 14, after "JULY 1, 2024.", add "ANY MONEY TRANSFERRED
36 INTO THE FUND IN ACCORDANCE WITH THIS SUBSECTION (7) THAT IS NOT
37 EXPENDED OR ENCUMBERED FROM ANY APPROPRIATION AT THE END OF
38 ANY FISCAL YEAR IS AVAILABLE FOR EXPENDITURE BY JULY 1, 2024,
39 WITHOUT FURTHER APPROPRIATION.".
40
41 Page 18, lines 9 and 10, strike "COUNTIES AND MUNICIPALITIES" and
42 substitute "COUNTIES, MUNICIPALITIES, AND TRIBAL COMMUNITIES WITHIN
43 THE STATE".
44
45 Page 24, strike line 27.
46
47 Page 25, strike lines 1 through 6.
48

House Journal, May 4
39 HB21-1271 be amended as follows, and as so amended, be referred to
40 the Committee of the Whole with favorable
41 recommendation:
42
43 Amend printed bill, page 24, line 15, after "fund" insert "created in
44 section 24-32-3207 (1), C.R.S.,".
45
46 Page 24, line 16, strike "3.0 FTE to administer the money." and substitute
47 "0.9 FTE.".
48
49 Page 24, line 23, after "fund" insert "created in section 24-32-3207 (1),
50 C.R.S.,".
51
52 Page 24, line 24, strike "2.0 FTE." and substitute "1.7 FTE.".
53
54

House Journal, May 4
24 Amendment No. 1, Appropriations Report, dated May 4, 2021, and placed
25 in member's bill file; Report also printed in House Journal, May 4, 2021.
26
27 Amendment No. 2, Transportation & Local Government Report, dated
28 April 28, 2021, and placed in member's bill file; Report also printed in
29 House Journal, April 29, 2021.
30
31 Amendment No. 3, by Representative McCluskie.
32
33 Amend the Transportation & Local Government Committee Report,
34 dated April 28, 2021, page 2, line 22, strike "TRIBAL COMMUNITIES" and
35 substitute "FEDERALLY RECOGNIZED TRIBES".
36
37 As amended, ordered engrossed and placed on the Calendar for Third
38 Reading and Final Passage.
39

Senate Journal, May 12
After consideration on the merits, the Committee recommends that HB21-1271 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.
Amend reengrossed bill, page 12, line 18, strike "AND".

Page 12, line 23, strike "AFFORDABILITY." and substitute:

"AFFORDABILITY; AND
(VII) THE EXTENT TO WHICH RACIAL EQUITY IS ASSESSED IN LOCAL
GOVERNMENT LAND USE PLANS, POLICIES, AND REGULATIONS RELATED TO
HOUSING.".

Page 18, line 17, after "COMMUNITIES," insert "INCLUDING A RACIAL EQUITY
IMPACT ASSESSMENT,".


Local
Government


Senate Journal, June 4
HB21-1271 by Representative(s) McCluskie and Jodeh; also Senator(s) Gonzales--Concerning the
establishment of programs offering state assistance to local governments to promote the
development of innovative affordable housing strategies in a manner that is compatible with
best local land use practices, and, in connection therewith, making an appropriation.

Amendment No. 1, Local Government Committee Amendment.
(Printed in Senate Journal, May 12, page(s) 880 and placed in members' bill files.)

Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, June 3, page(s) 1342-1343 and placed in members' bill files.)

Amendment No. 3(L.007), by Senator Gonzales.

Strike the Local Government Committee Report, dated May 11, 2021, and
substitute:

"Amend reengrossed bill, page 7, line 25, strike "ADJUSTED" and substitute
"AREA".

Page 7, line 26, strike "AND".
Page 8, strike lines 2 through 4 and substitute:

"ONE HUNDRED FORTY PERCENT OF THE AREA MEDIAN INCOME OF HOUSEHOLDS
OF THAT SIZE IN THE COUNTY IN WHICH THE HOUSING IS LOCATED; OR
(III) HOUSING THAT INCORPORATES MIXED-INCOME DEVELOPMENT.".

Page 8, after line 14 insert:

"(f) "MIXED INCOME DEVELOPMENT" MEANS HOUSING THAT
INCORPORATES MIXED INCOME DEVELOPMENT IN THAT SOME, BUT NOT ALL,
HOUSING UNITS WITHIN A PARTICULAR DEVELOPMENT HAVE RESTRICTED RATES
AT OR BELOW THE INCOME LEVELS SPECIFIED IN SUBSECTION (1)(a) OF THIS
SECTION IN ADDITION TO SOME UNITS THAT ARE ABOVE SUCH INCOME LEVELS
WITH OR WITHOUT SUCH RESTRICTED RATES.".

Reletter succeeding subsection accordingly.

Page 9, line 24, strike "ADJUSTED" and substitute "AREA".

Page 10, line 1, strike "INTO" and substitute "TO INCLUDE".

Page 10, line 7, strike "CHANGES" and substitute "CHARGES".

Page 10, line 17, after "PROPOSED" insert "AFFORDABLE".

Page 10, line 19, strike "HOUSING" and substitute "ZONING".

Page 10, strike line 21 and substitute "ON PARCELS IN SINGLE FAMILY ZONING
DISTRICTS THAT MEET THE SAFETY AND INFRASTRUCTURE CAPACITY
CONSIDERATIONS OF LOCAL GOVERNMENTS;".

Page 11, line 14, strike "PROGRAM;" and substitute "PROGRAM AND THE
CRITERIA USED TO DETERMINE ELIGIBILITY;".

Page 12, line 18, strike "AND".

Page 12, line 23, strike "AFFORDABILITY." and substitute:

"AFFORDABILTY; AND
(XII) SUPPORTS SUSTAINABLE DEVELOPMENT PATTERNS SUCH AS INFILL
AND THE REDEVELOPMENT OF EXISTING BUILDINGS.".

Page 13, strike line 17 and substitute "SERVICE TO ASSESS THE HOUSING NEEDS
OF ITS COMMUNITY, INCLUDING CONSIDERATIONS OF EQUITY, OR TO MAKE".

Page 15, line 5, strike "EIGHT" and substitute "FOUR".

Page 15, line 6, after "ADMINISTERING" insert "OR EVALUATING".

Page 18, strike lines 15 through 17 and substitute "AND RELATED
PROFESSIONALS TO ENABLE LOCAL GOVERNMENTS TO ACHIEVE AN
UNDERSTANDING OF THE HOUSING NEEDS OF THEIR COMMUNITIES, INCLUDING
THE EQUITY IMPACTS OF THEIR LAND USE POLICIES AND REGULATIONS, TAKE
STEPS TO ENGAGE THEIR ENTIRE COMMUNITIES IN".".


Amendment No. 4(L.010), by Senator Gonzales.

Amend the Appropriations Committee Report, dated June 3, 2021, page 3, line
11, strike "THIS SUBSECTION (6)(b)" and substitute "SUBSECTION (6)(c) OF THIS
SECTION,".

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




HB21-1284 Limit Fee Install Active Solar Energy System 
Comment:
Calendar Notification: NOT ON CALENDAR
Short Title: Limit Fee Install Active Solar Energy System
Sponsors: A. Valdez (D) | K. Van Winkle (R) / C. Hansen (D) | K. Priola (R)
Summary:

Current law imposes a limitation on the permit, application review, or any other related or associated fees that may be assessed by counties, municipalities, state agencies, and political subdivisions of the state for the installation of an active solar electric or solar thermal device or system. The bill modifies this language so that the limitation applies to the aggregate of all charges or other related or associated fees the state, a county, municipality, state agency, or any other political subdivision of the state (governmental bodies) shall impose or assess for the installation of an active solar energy system.

The bill sets a limit on the aggregate of all charges or other related or associated fees any governmental body may impose or assess to install an active solar energy system of $500 for a residential permit and $1,000 for a commercial permit. In the case of a nonresidential application, on an individual installation basis only, if the governmental body incurs actual costs for issuing the permit that are greater than $1,000, the governmental body is entitled to recovery of its actual costs for issuing the permit by submitting in writing and disclosing to the applicant for the particular permit proof of the governmental body's actual costs.

In connection with existing statutory requirements affecting state agencies and political subdivisions, the bill clarifies that the duty to clearly and individually identify all fees and taxes assessed on an application on the invoice lies with the state or any agency, institution, authority, or political subdivision of the state.

Under existing law, one component of determining the lawful fee for issuing a permit or reviewing an application requires a comparison of the lesser of the actual costs of providing such services or $500 for a residential application. The bill restricts a governmental body from increasing its fees or other charges by more than 5% on an annual basis until the $500 limitation is achieved.

The bill also extends the repeal date of the existing fee limitation.


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

Status: 4/21/2021 Introduced In House - Assigned to Transportation & Local Government
5/5/2021 House Committee on Transportation & Local Government Refer Unamended to House Committee of the Whole
5/7/2021 House Second Reading Special Order - Passed - No Amendments
5/10/2021 House Third Reading Passed - No Amendments
5/12/2021 Introduced In Senate - Assigned to Local Government
5/25/2021 Senate Committee on Local Government Refer Unamended to Senate Committee of the Whole
5/26/2021 Senate Second Reading Special Order - 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
6/24/2021 Signed by Governor
6/24/2021 Governor Signed
Amendments:

HB21-1286 Energy Performance For Buildings 
Comment:
Calendar Notification: Tuesday, June 8 2021
CONSIDERATION OF SENATE AMENDMENTS TO HOUSE BILLS
(31) in house calendar.
Short Title: Energy Performance For Buildings
Sponsors: C. Kipp (D) | A. Valdez (D) / K. Priola (R) | B. Pettersen (D)
Summary:

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

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

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

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

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


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

Status: 4/21/2021 Introduced In House - Assigned to Energy & Environment
5/6/2021 House Committee on Energy & Environment Refer Amended to Finance
5/17/2021 House Committee on Finance Refer Amended to Appropriations
5/21/2021 House Committee on Appropriations Refer Unamended to House Committee of the Whole
5/21/2021 House Second Reading Special Order - Laid Over Daily - No Amendments
5/24/2021 House Second Reading Special Order - Laid Over Daily with Amendments - Committee, Floor
5/25/2021 House Second Reading Special Order - Passed with Amendments - Committee, Floor
5/26/2021 House Third Reading Passed - No Amendments
5/26/2021 Introduced In Senate - Assigned to Finance
6/1/2021 Senate Committee on Finance Refer Amended to Appropriations
6/3/2021 Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
6/4/2021 Senate Second Reading Special Order - Passed with Amendments - Committee, Floor
6/7/2021 Senate Third Reading Passed with Amendments - Floor
6/8/2021 House Considered Senate Amendments - Result was to Concur - Repass
6/21/2021 Sent to the Governor
6/21/2021 Signed by the Speaker of the House
6/21/2021 Signed by the President of the Senate
6/24/2021 Signed by Governor
6/24/2021 Governor Signed
Amendments:

House Journal, May 7
11 HB21-1286 be amended as follows, and as so amended, be referred to
12 the Committee on Finance with favorable
13 recommendation:
14
15 Amend printed bill, page 7, line 16, strike "AND".
16
17 Page 7, strike line 18 and substitute "17-1-102 (7.3);
18 (III) A LOCAL JAIL AS DEFINED IN SECTION 17-1-102 (7);
401 19 (IV) A MUNICIPAL JAIL AS AUTHORIZED IN SECTION 31-15-
20 (1)(j); AND
21 (V) A JUVENILE DETENTION FACILITY GOVERNED BY PART 4 OF
22 ARTICLE 2 OF TITLE 19.".
23
24 Page 14, line 14, strike "A" and substitute "AN ELECTRONIC".
25
26 Page 16, strike lines 14 through 18 and substitute:
27
28 "(II) FOR A COVERED BUILDING OWNED BY THE STATE, A LOCAL
29 GOVERNMENT, A SPECIAL DISTRICT REGULATED UNDER TITLE 32, A STATE
30 INSTITUTION OF HIGHER EDUCATION, A SCHOOL DISTRICT CREATED
31 PURSUANT TO ARTICLE 30 OF TITLE 22, OR A CHARTER SCHOOL
32 AUTHORIZED PURSUANT TO PART 1 OF ARTICLE 30.5 OF TITLE 22, THE
33 OWNER NEED COMPLY WITH THE PERFORMANCE REQUIREMENTS SET
34 FORTH IN THIS SUBSECTION (8) ONLY IF THE OWNER COMPLETES WORK ON
35 A CONSTRUCTION OR RENOVATION PROJECT THAT HAS AN ESTIMATED
36 COST OF AT LEAST FIVE HUNDRED THOUSAND DOLLARS AND IMPACTS AT
37 LEAST TWENTY-FIVE PERCENT OF THE COVERED BUILDING'S SQUARE
38 FOOTAGE.".
39
40 Page 17, line 13, after "THE" insert "TWENTY-FIFTH PERCENTILE".
41
42 Page 18, line 16, after "THE" insert "TWENTY-FIFTH PERCENTILE".
43
44 Page 19, after line 19 insert:
45
46 "(II) IN AT LEAST TWO OF THE MOST RECENT FIVE YEARS, THE
47 COVERED BUILDING MET ONE OR MORE OF THE CONDITIONS FOR
48 FINANCIAL HARDSHIP;".
49
50 Renumber succeeding subparagraphs accordingly.
51
52 Page 19, line 22, strike "EIGHTY" and substitute "SIXTY-SIX".
53
54 Page 21, strike line 11 and substitute:
55
1 "(10) Performance standard rules - task force
2 recommendations for implementation - repeal. (a) (I) NO LATER THAN
3 NOVEMBER 1, 2021, THE DIRECTOR OF THE OFFICE SHALL APPOINT,
4 CONVENE, AND FACILITATE A TASK FORCE TO DEVELOP AND PROVIDE
5 CONSENSUS RECOMMENDATIONS TO THE COMMISSION, THE GENERAL
6 ASSEMBLY, AND THE GOVERNOR ON MODIFICATIONS TO THE
7 IMPLEMENTATION OF BENCHMARKING AND PERFORMANCE STANDARDS.
8 (II) THE TASK FORCE MAY CONSIDER RECOMMENDATIONS
9 RELATED TO:
10 (A) WORKFORCE AVAILABILITY AND DEVELOPMENT RELATED TO
11 BUILDING ENERGY PERFORMANCE;
12 (B) FINANCIAL AND NONFINANCIAL COSTS AND BENEFITS OF
13 UPGRADED BUILDING ENERGY PERFORMANCE;
14 (C) AVAILABILITY OF PROGRAMS, TECHNICAL ASSISTANCE, AND
15 INCENTIVES TO SUPPORT BUILDING OWNERS, UTILITIES, AND LOCAL
16 GOVERNMENTS;
17 (D) OPPORTUNITIES TO IMPROVE COMMERCIAL BUILDING ENERGY
18 USE IN COLORADO; AND
19 (E) FUTURE ACTIONS THAT THE COMMISSION AND THE GENERAL
20 ASSEMBLY MAY TAKE RELATED TO IMPLEMENTING THE BENCHMARKING
21 AND PERFORMANCE STANDARDS.
22 (III) THE TASK FORCE SHALL DEVELOP AND DELIVER TO THE
23 COMMISSION, THE GENERAL ASSEMBLY, AND THE GOVERNOR:
24 (A) INTERIM CONSENSUS RECOMMENDATIONS NO LATER THAN
25 DECEMBER 1, 2022; AND
26 (B) FINAL CONSENSUS RECOMMENDATIONS NO LATER THAN
27 DECEMBER 1, 2024.
28 (IV) THE TASK FORCE CONSISTS OF THE FOLLOWING MEMBERS:
29 (A) THE DIRECTOR OF THE OFFICE OR THE DIRECTOR'S DESIGNEE;
30 (B) THE DIRECTOR OF ENVIRONMENTAL PROGRAMS IN THE
31 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT OR THE DIRECTOR'S
32 DESIGNEE;
33 (C) TWO MEMBERS WHO ARE BUILDING OWNERS OR WHO
34 REPRESENT BUILDING OWNERS, WITH ONE REPRESENTING COMMERCIAL
35 BUILDINGS AND ONE REPRESENTING MULTIFAMILY RESIDENTIAL
36 BUILDINGS;
37 (D) TWO MEMBERS WHO HAVE DIRECT EXPERIENCE IN, OR ARE
38 MEMBERS OF ORGANIZATIONS REPRESENTING WORKERS IN, MECHANICAL,
39 PLUMBING, OR ELECTRICAL WORK;
40 (E) TWO MEMBERS REPRESENTING DESIGN PROFESSIONALS,
41 DEVELOPERS, BUILDING ENGINEERS, CONSTRUCTION ORGANIZATIONS, OR
42 BUILDING CONTRACTORS;
43 (F) TWO MEMBERS OF ENVIRONMENTAL CONSERVATION OR
44 ENVIRONMENTAL JUSTICE GROUPS WITH EXPERIENCE IN ENERGY
45 EFFICIENCY OR THE BUILT ENVIRONMENT;
46 (G) ONE MEMBER FROM A LOCAL GOVERNMENT THAT HAS
47 ENACTED OR ADOPTED A BENCHMARKING OR BUILDING ENERGY
48 PERFORMANCE ORDINANCE OR RESOLUTION; AND
49 (H) ONE MEMBER FROM A LOCAL GOVERNMENT THAT HAS NOT
50 ENACTED OR ADOPTED A BENCHMARKING OR BUILDING ENERGY
51 PERFORMANCE ORDINANCE OR RESOLUTION.
52 (V) THIS SUBSECTION (10)(a) IS REPEALED, EFFECTIVE JULY 1,
53 2025.
54 (b) ON OR AFTER DECEMBER".
55
1 Reletter succeeding paragraphs accordingly.
2
3 Page 21, line 17, strike "PROPERTIES," and substitute "BUILDINGS,".
4
5 Page 21, line 18, strike "BY" and substitute "AS MEASURED IN".
6
7 Page 23, after line 12 insert:
8
9 "SECTION 2. In Colorado Revised Statutes, 24-38.5-102.4,
10 amend (2)(b)(VII); and add (2)(b)(VII.5) as follows:
11 24-38.5-102.4. Energy fund - creation - use of fund -
12 definitions - repeal. (2) (b) The Colorado energy office may expend
13 money from the energy fund:
14 (VII) To educate the general public on energy issues and
15 opportunities; and
16 (VII.5) TO IMPLEMENT THE BUILDING PERFORMANCE PROGRAM
17 DEFINED IN SECTION 24-38.5-110 (2)(b) AND DESCRIBED IN THAT SECTION
18 AND SECTION 25-7-142; AND".
19
20 Renumber succeeding sections accordingly.
21
22 Page 26, strike lines 19 through 22 and substitute "FIRST VIOLATION AND
23 UP TO FIVE THOUSAND DOLLARS FOR A SUBSEQUENT VIOLATION.".
24

House Journal, May 18
15 HB21-1286 be amended as follows, and as so amended, be referred to
16 the Committee on Appropriations with favorable
17 recommendation:
18
19 Amend the Energy and Environment Committee Report, dated May 6,
20 2021, page 1, strike line 1 and substitute:
21
22 "Amend printed bill, page 3, line 6, strike the first "declaration." and
23 substitute "declaration - repeal.".
24
25 Page 7 of the bill, line 16, strike "AND".".
26
27 Page 7 of the bill, strike line 25 and substitute:
28
29 "(A) A STORAGE FACILITY, STAND-ALONE PARKING GARAGE, OR
30 AIRPLANE HANGAR".
31
32 Page 11 of the bill, line 18, strike "AND".
33
34 Page 11 of the bill, line 19, strike "EDUCATION." and substitute
35 "EDUCATION; AND
36 (IV) THE OWNER OF A PRIVATE INSTITUTION OF HIGHER
37 EDUCATION AS DEFINED IN SECTION 23-18-102 (9).".
38
39 Page 11 of the bill, line 20, strike "JANUARY 1," and substitute "JUNE 1,".
40
41 Page 12 of the bill, strike lines 7 and 8 and substitute:
42
43 "(II) PROVIDED TO THE OWNER WITHIN:
44 (A) NINETY DAYS AFTER RECEIVING THE OWNER'S VALID WRITTEN
45 OR ELECTRONIC REQUEST IF THE REQUEST IS RECEIVED IN 2022;
46 (B) THIRTY DAYS AFTER RECEIVING THE OWNER'S VALID WRITTEN
47 OR ELECTRONIC REQUEST IF THE REQUEST IS RECEIVED IN 2023 OR
48 LATER;".
49
50 Page 12 of the bill, line 15, strike "AND".
51
52 Page 12 of the bill, line 18, strike "BUILDING." and substitute "BUILDING;
53 AND
54
1 (VI) IF THE QUALIFYING UTILITY IS AN INVESTOR-OWNED UTILITY,
2 PROVIDED IN ACCORDANCE WITH THE PUBLIC UTILITIES COMMISSION'S
3 RULES CONCERNING CUSTOMER DATA AND PERSONALLY IDENTIFYING
4 INFORMATION.".
5
6 Page 13 of the bill, line 14, strike "OR".
7
8 Page 13 of the bill, line 23, strike "RENEWAL." and substitute "RENEWAL;
9 OR
10 (V) THE COVERED BUILDING HAS FOUR OR MORE UTILITY
11 CUSTOMERS, IS NOT LOCATED WITHIN A QUALIFYING UTILITY'S SERVICE
12 TERRITORY, AND IS UNABLE TO GET AGGREGATED DATA FROM THE
13 UTILITY THAT SERVES THE COVERED BUILDING.".
14
15 Page 1 of the report, after line 8 insert:
16
17 "Page 16 of the bill, line 12, strike "(10)" and substitute "(11)".".
18
19 Page 19 of the bill, line 3, strike "COMPARED." and substitute "COMPARED
20 IF ENERGY-USE DATA FOR THE SUBSTITUTE YEAR IS AVAILABLE FROM THE
21 QUALIFYING UTILITY.".
22
23 Page 2 of the report, after line 1 insert:
24
25 "Page 19 of the bill, line 12, strike "(10)" and substitute "(11)".".
26
27 Page 2 of the report, strike lines 9 through 34.
28
29 Page 3 of the report, strike lines 1 through 28 and substitute:
30
31 ""(10) Task force recommendations for implementation -
32 repeal. (a) (I) NO LATER THAN OCTOBER 1, 2021, THE DIRECTOR OF THE
33 OFFICE SHALL APPOINT AND CONVENE A TASK FORCE TO DEVELOP AND
34 PROVIDE RECOMMENDATIONS TO THE COMMISSION, THE GENERAL
35 ASSEMBLY, AND THE GOVERNOR ON MODIFICATIONS TO THE
36 PERFORMANCE STANDARDS FOR COVERED BUILDINGS SET FORTH IN
37 SUBSECTION (8) OF THIS SECTION. ANY RECOMMENDATIONS MUST BE
38 APPROVED BY AT LEAST TWO-THIRDS OF THE MEMBERS APPOINTED TO THE
39 TASK FORCE.
40 (II) THE TASK FORCE MAY DEVELOP RECOMMENDATIONS
41 REGARDING THE RULES THAT THE COMMISSION MAY PROMULGATE:
42 (A) PURSUANT TO SUBSECTION (11)(a) OF THIS SECTION, FOR
43 MODIFICATIONS TO THE PERFORMANCE STANDARDS FOR PERFORMANCE
44 YEAR 2026 IF THE PERFORMANCE STANDARDS WOULD ACHIEVE A
45 REDUCTION IN CARBON DIOXIDE EMISSIONS FROM THE PERFORMANCE
46 STANDARDS SET FORTH IN SUBSECTION (8) OF THIS SECTION;
47 (B) PURSUANT TO SUBSECTION (11)(b) OF THIS SECTION, FOR
48 PERFORMANCE STANDARDS FOR PERFORMANCE YEAR 2031 AND BEYOND
49 I F T H E R E C O M M E N D A T I O N S W O U L D A L I G N W I T H T H E
50 GREENHOUSE-GAS-EMISSION-REDUCTION TARGETS SET FORTH IN SECTION
51 25-7-102 (2)(g).
52 (III) ADDITIONALLY, THE TASK FORCE MAY CONSIDER MAKING
53 RECOMMENDATIONS RELATED TO:
54 (A) WORKFORCE AVAILABILITY AND DEVELOPMENT RELATED TO
55 BUILDING ENERGY PERFORMANCE;
1 (B) FINANCIAL AND NONFINANCIAL COSTS AND BENEFITS OF
2 UPGRADED BUILDING ENERGY PERFORMANCE;
3 (C) AVAILABILITY OF PROGRAMS, TECHNICAL ASSISTANCE, AND
4 INCENTIVES TO SUPPORT BUILDING OWNERS, UTILITIES, AND LOCAL
5 GOVERNMENTS; AND
6 (D) OPPORTUNITIES TO IMPROVE COMMERCIAL BUILDING ENERGY
7 USE IN COLORADO.
8 (IV) IN DEVELOPING ITS RECOMMENDATIONS, THE TASK FORCE
9 MAY CONSIDER:
10 (A) BENCHMARKING DATA REPORTED PURSUANT TO SUBSECTION
11 (3) OF THIS SECTION;
12 (B) BENCHMARKING DATA FROM COMMUNITIES THAT ARE
13 CURRENTLY CONDUCTING COMMERCIAL BUILDING BENCHMARKING;
14 (C) ANY OTHER PUBLICLY AVAILABLE BUILDING BENCHMARKING
15 DATA THROUGH WHICH BENCHMARKING IS REPORTED TO A BUILDING
16 BENCHMARKING PROGRAM IN COLORADO; AND
17 (D) ANY OTHER INFORMATION THAT THE OFFICE DETERMINES IS
18 AVAILABLE REGARDING ENERGY USE IN COMMERCIAL BUILDINGS IN
19 COLORADO.
20 (b) (I) IF AT LEAST TWO-THIRDS OF THE MEMBERS APPOINTED TO
21 THE TASK FORCE AGREE ON RECOMMENDATIONS PURSUANT TO
22 SUBSECTION (10)(a)(II)(A) OF THIS SECTION, AND THE DIRECTOR OF THE
23 OFFICE IN CONSULTATION WITH THE COMMISSION DETERMINES THAT THE
24 RECOMMENDATIONS MEET THE CARBON DIOXIDE REDUCTION
25 REQUIREMENT SET FORTH IN SUBSECTION (10)(a)(II)(A) OF THIS SECTION,
26 THE DIVISION SHALL, ON OR BEFORE JULY 1, 2023, REQUEST THAT THE
27 COMMISSION, PURSUANT TO SUBSECTION (11)(a) OF THIS SECTION,
28 PUBLISH A NOTICE OF PROPOSED RULE-MAKING TO ADOPT RULES TO
29 IMPLEMENT THE TASK FORCE'S RECOMMENDATIONS.
30 (II) IF TWO-THIRDS OF THE MEMBERS OF THE TASK FORCE CANNOT
31 AGREE ON RECOMMENDATIONS OR IF THE DIRECTOR OF THE OFFICE IN
32 CONSULTATION WITH THE COMMISSION DETERMINES THAT THE TASK
33 FORCE'S RECOMMENDATIONS WOULD NOT MEET THE CARBON DIOXIDE
34 REDUCTION REQUIREMENT SET FORTH IN SUBSECTION (10)(a)(II)(A) OF
35 THIS SECTION, THE PERFORMANCE STANDARDS SET FORTH IN SUBSECTION
36 (8) OF THIS SECTION CONTINUE IN EFFECT UNTIL THE COMMISSION,
37 PURSUANT TO SUBSECTION (11)(b) OF THIS SECTION, ADOPTS ANY RULES
38 MODIFYING THE PERFORMANCE STANDARDS.
39 (c) ON OR BEFORE OCTOBER 1, 2022, THE TASK FORCE SHALL
40 DELIVER TO THE DIRECTOR OF THE OFFICE ANY INTERIM
41 RECOMMENDATIONS DEVELOPED. ON OR BEFORE JANUARY 1, 2023, THE
42 TASK FORCE SHALL DELIVER TO THE DIRECTOR OF THE OFFICE ANY FINAL
43 RECOMMENDATIONS DEVELOPED. THE DIRECTOR OF THE OFFICE SHALL
44 SEND COPIES OF THE TASK FORCE'S FINAL RECOMMENDATIONS TO THE
45 COMMISSION, THE GENERAL ASSEMBLY, AND THE GOVERNOR.
46 (d) THE TASK FORCE CONSISTS OF THE FOLLOWING MEMBERS:
47 (I) THE DIRECTOR OF THE OFFICE OR THE DIRECTOR'S DESIGNEE;
48 (II) THE DIRECTOR OF THE DIVISION OR THE DIRECTOR'S DESIGNEE;
49 (III) TWO MEMBERS WHO ARE OWNERS OF COVERED BUILDINGS OR
50 WHO REPRESENT OWNERS OF COVERED BUILDINGS, WITH ONE
51 REPRESENTING OWNERS OF COMMERCIAL BUILDINGS AND ONE
52 REPRESENTING OWNERS OF MULTIFAMILY RESIDENTIAL BUILDINGS;
53 (IV) TWO MEMBERS WHO HAVE DIRECT EXPERIENCE IN, OR ARE
54 MEMBERS OF ORGANIZATIONS REPRESENTING WORKERS IN, MECHANICAL,
55 PLUMBING, OR ELECTRICAL WORK;
1 (V) ONE MEMBER REPRESENTING ARCHITECTS, PROFESSIONAL
2 ENGINEERS WITH EXPERIENCE WORKING ON SYSTEMS FOR BUILDINGS, OR
3 OTHER DESIGN PROFESSIONALS;
4 (VI) ONE MEMBER REPRESENTING DEVELOPERS, CONSTRUCTION
5 ORGANIZATIONS, OR BUILDING CONTRACTORS;
6 (VII) ONE MEMBER REPRESENTING AN ELECTRIC UTILITY, A GAS
7 UTILITY, OR A COMBINED ELECTRIC AND GAS UTILITY;
8 (VIII) TWO MEMBERS OF ENVIRONMENTAL CONSERVATION OR
9 ENVIRONMENTAL JUSTICE GROUPS WITH EXPERIENCE IN ENERGY
10 EFFICIENCY OR THE BUILT ENVIRONMENT;
11 (IX) ONE MEMBER FROM A LOCAL GOVERNMENT THAT HAS
12 ENACTED OR ADOPTED A BENCHMARKING OR BUILDING ENERGY
13 PERFORMANCE ORDINANCE OR RESOLUTION;
14 (X) ONE MEMBER FROM A LOCAL GOVERNMENT THAT HAS NOT
15 ENACTED OR ADOPTED A BENCHMARKING OR BUILDING ENERGY
16 PERFORMANCE ORDINANCE OR RESOLUTION; AND
17 (XI) TWO MEMBERS WITH RELEVANT BUILDING PERFORMANCE
18 EXPERTISE, AS DETERMINED BY THE DIRECTOR OF THE OFFICE.
19 (e) THIS SUBSECTION (10) IS REPEALED, EFFECTIVE JULY 1, 2025.
20 (11) Performance standard rules. (a) ON OR BEFORE JANUARY
21 1, 2024, IF THE DIVISION, PURSUANT TO SUBSECTION (10)(b) OF THIS
22 SECTION, REQUESTS THAT THE COMMISSION PUBLISH A NOTICE OF
23 PROPOSED RULE-MAKING TO ADOPT RULES TO IMPLEMENT
24 RECOMMENDATIONS OF THE TASK FORCE, THE COMMISSION MAY ENGAGE
25 IN SUCH A RULE-MAKING PROCEEDING TO MODIFY THE PERFORMANCE
26 STANDARDS FOR PERFORMANCE YEAR 2026.
27 (b) ON OR AFTER DECEMBER".".
28
29 Page 3 of the report, after line 29 insert:
30
31 "Page 21 of the bill, line 16, strike "SECTION" and substitute "SECTION, OR
32 ANY MODIFIED PERFORMANCE STANDARDS SET FORTH IN RULES THAT THE
33 COMMISSION PROMULGATES PURSUANT TO SUBSECTION (11)(a) OF THIS
34 SECTION,".".
35
36 Page 3 of the report, after line 31 insert:
37
38 "Page 22 of the bill, line 1, strike "(10)" and substitute "(11)".
39
40 Page 22 of the bill, line 19, strike "(10)." and substitute "(11).".
41
42 Page 22 of the bill, line 27, strike "(11)" and substitute "(12)".".
43
44 Page 24 of the bill, strike lines 5 and 6 and substitute "ADMINISTERING
110 45 THE BUILDING PERFORMANCE PROGRAM DEFINED IN SECTION 24-38.5-
46 (3)(b) AND DESCRIBED IN THAT SECTION AND SECTION 25-7-142.".
47
48 Page 25 of the bill, line 17, strike "OR".
49
50 Page 25 of the bill, line 18, strike "32." and substitute "32;
51 (C) A STATE INSTITUTION OF HIGHER EDUCATION;
52 (D) A SCHOOL DISTRICT CREATED PURSUANT TO ARTICLE 30 OF
53 TITLE 22; OR
54 (E) A CHARTER SCHOOL AUTHORIZED PURSUANT TO PART 1 OF
55 ARTICLE 30.5 OF TITLE 22.".
1 Page 25 of the bill, after line 18 insert:
2
3 "(2) TO IMPLEMENT THE BUILDING PERFORMANCE PROGRAM, THE
4 COLORADO ENERGY OFFICE SHALL ASSIST BUILDING OWNERS TO INCREASE
5 ENERGY EFFICIENCY AND REDUCE GREENHOUSE GAS EMISSIONS FROM
6 THEIR BUILDINGS, INCLUDING BY PROVIDING OUTREACH, TRAINING,
7 TECHNICAL ASSISTANCE, AND GRANTS TO BUILDING OWNERS TO HELP
8 THEIR BUILDINGS COME INTO COMPLIANCE WITH THE BUILDING
9 PERFORMANCE PROGRAM.".
10
11 Renumber succeeding subsection accordingly.
12
13 Page 27, strike line 1 and substitute:
14
15 "(C) A SCHOOL DISTRICT CREATED PURSUANT TO ARTICLE 30 OF
16 TITLE 22 OR A CHARTER SCHOOL AUTHORIZED PURSUANT TO PART 1 OF
17 ARTICLE 30.5 OF TITLE 22;".
18
19

House Journal, May 22
30 Amendment recommended by Finance Report, dated May 17, 2021, and
31 placed in member's bill file; Report also printed in House Journal,
32 May 18, 2021.
33
34 Amendment recommended by Energy & Environment Report, dated May
35 6, 2021, and placed in member's bill file; Report also printed in House
36 Journal, May 7, 2021.
37
38 Laid Over until May 24, 2021.
39

House Journal, May 24
38 Amendment No. 1, Finance Report, dated May 17, 2021, and placed in
39 member's bill file; Report also printed in House Journal, May 18, 2021.
40
41 Amendment No. 2, Energy & Environment Report, dated May 6, 2021,
42 and placed in member's bill file; Report also printed in House Journal,
43 May 7, 2021.
44
45 Amendment No. 3, by Representative Kipp.
46
47 Amend the Finance Committee Report, dated May 17, 2021, page 4,
48 strike line 29 and substitute:
49
50 "(d) THE TASK FORCE CONSISTS OF THE FOLLOWING MEMBERS, ALL
51 OF WHOM, EXCEPT THE REPRESENTATIVES OF THE OFFICE AND THE
52 DIVISION, ARE VOTING MEMBERS:".
53
54 Page 4, strike lines 32 through 35 and substitute:
55
1 "(III) TWO MEMBERS WHO ARE OWNERS OF COMMERCIAL
2 COVERED BUILDINGS OR WHO REPRESENT OWNERS OF COMMERCIAL
3 COVERED BUILDINGS;
4 (IV) ONE MEMBER WHO IS A BUILDING SYSTEMS OPERATOR;
5 (V) ONE MEMBER WHO IS AN OWNER OF A MULTIFAMILY
6 RESIDENTIAL COVERED BUILDING OR WHO REPRESENTS OWNERS OF
7 MULTIFAMILY RESIDENTIAL COVERED BUILDINGS;
8 (VI) ONE MEMBER WHO REPRESENTS AN AFFORDABLE HOUSING
9 ORGANIZATION;".
10
11 Renumber succeeding subparagraphs accordingly.
12
13 Page 5, line 14, strike "TWO" and substitute "THREE".
14
15 Page 5, before line 16 insert:
16
17 "(e) AN APPLICANT FOR THE TASK FORCE MUST SUBMIT WITH THE
18 APPLICATION A RECOMMENDATION FROM A RELEVANT MEMBER OR TRADE
19 ORGANIZATION, IF SUCH MEMBER OR TRADE ORGANIZATION EXISTS.".
20
21 Reletter succeeding paragraph accordingly.
22
23 Amendment No. 4, by Representative Kipp.
24
25 Amend printed bill, page 24, strike lines 15 through 17 and substitute
26 "SOURCES OF INFORMATION, THE OFFICE SHALL ADMINISTER THE
27 BUILDING PERFORMANCE PROGRAM BY:
28 (I) CREATING A DATABASE OF COVERED BUILDINGS AND OF
29 OWNERS REQUIRED TO COMPLY WITH THE BUILDING PERFORMANCE
30 PROGRAM;
31 (II) TRACKING COMPLIANCE WITH THE BUILDING PERFORMANCE
32 PROGRAM;
33 (III) MAINTAINING A LIST OF NONCOMPLIANT OWNERS; AND
34 (IV) IN A FORM AND MANNER DETERMINED BY THE OFFICE, IN
35 CONSULTATION WITH THE DIVISION OF ADMINISTRATION IN THE
36 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, PERIODICALLY
37 PROVIDING THE DIVISION WITH A LIST OF NONCOMPLIANT OWNERS FOR
38 THE DIVISION'S ENFORCEMENT OF THE BUILDING PERFORMANCE PROGRAM
39 PURSUANT TO SECTION 25-7-122 (1)(i).".
40

House Journal, May 25
54 Amendment No. 1, Finance Report, dated May 17, 2021, adopted
55 May 24, 2021, House Journal, page 1494.
1 Amendment No. 2, Energy & Environment Report, dated May 6, 2021,
2 adopted May 24, 2021, House Journal, page 1494.
3
4 Amendment No. 3, by Representative Kipp, adopted May 24, 2021,
5 House Journal, pages 1494-1495.
6
7 Amendment No. 4, by Representative Kipp, adopted May 24, 2021,
8 House Journal, page 1495.
9
10 As amended, ordered engrossed and placed on the Calendar for Third
11 Reading and Final Passage.
12

House Journal, May 25
29 Amend printed bill, page 26, strike lines 12 and 13 and substitute:
30
31 "(i) (I) ON AND AFTER JANUARY 1, 2024, AN OWNER OF A
32 COVERED".
33
34 Page 26, strike lines 23 through 27.
35
36 Page 27, strike lines 1 through 5.
37
38 Renumber succeeding subparagraphs accordingly.
39
40 The amendment was declared lost by the following roll call vote:
41
42 YES 25 NO 38 EXCUSED 2 ABSENT
43 Amabile N Exum N Lynch Y Sirota N
44 Bacon N Froelich E McCluskie N Snyder N
45 Baisley Y Geitner Y McCormick N Soper Y
46 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan N
47 Bernett N Gray N McLachlan N Tipper N
48 Bird N Hanks Y Michaelson Jenet N Titone N
49 Bockenfeld Y Herod Y Mullica N Valdez A. N
50 Boesenecker N Holtorf Y Neville Y Valdez D. N
51 Bradfield Y Hooton N Ortiz N Van Beber Y
52 Caraveo N Jackson N Pelton Y Van Winkle Y
53 Carver Y Jodeh N Pico Y Weissman N
54 Catlin Y Kennedy N Ransom Y Will Y
55 Cutter N Kipp N Rich Y Williams Y
1 Daugherty N Larson Y Ricks N Woodrow N
2 Duran N Lontine E Roberts N Woog Y
3 Esgar N Luck Y Sandridge Y Young N
4 Speaker N

House Journal, May 25
12 Amend printed bill, page 8, line 2, strike "OR".
13
14 Page 8, line 3, strike "TRIPLEX." and substitute "TRIPLEX; OR
15 (D) A PUBLIC OR PRIVATE ENTERTAINMENT FACILITY IN WHICH
16 THE DESIGN IS NOT SOLELY AIRTIGHT YEAR-ROUND.".
17
18 The amendment was declared lost by the following roll call vote:
19
20 YES 24 NO 41 EXCUSED 0 ABSENT
21 Amabile N Exum N Lynch Y Sirota N
22 Bacon N Froelich N McCluskie N Snyder N
23 Baisley Y Geitner Y McCormick N Soper Y
24 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan N
25 Bernett N Gray N McLachlan N Tipper N
26 Bird N Hanks Y Michaelson Jenet N Titone N
27 Bockenfeld Y Herod N Mullica N Valdez A. N
28 Boesenecker N Holtorf Y Neville Y Valdez D. N
29 Bradfield Y Hooton N Ortiz N Van Beber Y
30 Caraveo N Jackson N Pelton Y Van Winkle Y
31 Carver Y Jodeh N Pico Y Weissman N
32 Catlin Y Kennedy N Ransom Y Will Y
33 Cutter N Kipp N Rich Y Williams Y
34 Daugherty N Larson Y Ricks N Woodrow N
35 Duran N Lontine N Roberts N Woog Y
36 Esgar N Luck Y Sandridge Y Young N
37 Speaker N

Senate Journal, June 1
After consideration on the merits, the Committee recommends that HB21-1286 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.
Amend reengrossed bill, page 3, line 5, strike "performance standards" and
substitute "task force".

Page 3, strike lines 19 through 21 and substitute:

"(c) MANY BUILDING OWNERS HAVE MADE PROACTIVE EFFORTS TO
REDUCE THE ENERGY USE AND GREENHOUSE GAS EMISSIONS OF THEIR
BUILDINGS, YET MORE REMAINS TO BE DONE TO HELP THE STATE MEET ITS
GREENHOUSE GAS REDUCTION GOALS;
(d) BUILDING TENANTS THAT PAY ENERGY BILLS OFTEN LACK THE".

Reletter succeeding paragraphs accordingly.

Page 5, line 3, strike "ENACT" and substitute "DEVELOP".

Page 5, strike lines 18 through 25.

Reletter succeeding paragraphs accordingly.

Page 9, strike lines 15 and 16.

Reletter succeeding paragraphs accordingly.

Page 9, strike lines 21 through 24 and substitute:

"(s) "PERFORMANCE STANDARDS" MEANS STANDARDS THAT THE
COMMISSION ESTABLISHES BY RULE PURSUANT TO SUBSECTION (8)(b) OF THIS
SECTION WITH WHICH OWNERS OF COVERED BUILDINGS ARE REQUIRED TO
COMPLY.
(t) "PUBLIC BUILDING" MEANS A COVERED BUILDING OWNED BY:
(I) THE STATE;
(II) A LOCAL GOVERNMENT;
(III) A DISTRICT OR SPECIAL DISTRICT REGULATED UNDER TITLE 32;
(IV) A STATE INSTITUTION OF HIGHER EDUCATION;
(V) A PRIVATE INSTITUTION OF HIGHER EDUCATION AS DEFINED IN
SECTION 23-18-102 (9);
(VI) A SCHOOL DISTRICT CREATED PURSUANT TO ARTICLE 30 OF TITLE
22; AND
(VII) A CHARTER SCHOOL AUTHORIZED PURSUANT TO PART 1 OF
ARTICLE 30.5 OF TITLE 22.".

Reletter succeeding paragraphs accordingly.

Page 10, strike lines 8 through 21.

Reletter succeeding paragraphs accordingly.

Page 11, strike lines 23 through 27 and substitute:

"(II) THE OWNER OF A CORRECTIONAL FACILITY; AND
(III) THE OWNER OF A PUBLIC BUILDING THAT IS A COVERED BUILDING.".

Page 13, after line 16 insert:

"(d) TO MEET THE REQUIREMENTS OF THIS SUBSECTION (4), A
QUALIFYING UTILITY THAT IS NOT AN INVESTOR-OWNED UTILITY MAY SEEK AND
USE GRANT FUNDING FROM THE COLORADO CLEAN ENERGY FUND, A NONPROFIT
CORPORATION, OR THE ENERGY FUND CREATED IN SECTION 24-38.5-102.4
(1)(a)(I).".

Page 16, line 13, after "INCLUDES" insert "THE GREENHOUSE GAS EMISSIONS,".
Page 16, strike lines 20 through 27.

Strike pages 17 through 21.

Page 22, strike lines 1 through 16.

Renumber succeeding subsections accordingly.

Page 22, line 17, after "implementation -" insert "rules -".

Page 22, strike lines 21 and 22 and substitute "THE GOVERNOR ON
PERFORMANCE STANDARDS FOR COVERED BUILDINGS.".

Page 22, strike lines 25 through 27.

Page 23, strike lines 1 through 10 and substitute:

"(II) THE TASK FORCE SHALL DEVELOP RECOMMENDATIONS REGARDING
THE RULES THAT THE COMMISSION SHALL PROMULGATE PURSUANT TO
SUBSECTION (8)(b) OF THIS SECTION, FOR:
(A) INTERIM PERFORMANCE STANDARDS THAT WOULD ACHIEVE A
REDUCTION IN GREENHOUSE GAS EMISSIONS OF SEVEN PERCENT BY 2026 AS
COMPARED TO 2021 LEVELS AS REPORTED IN 2022 FOR 2021 BENCHMARKING
DATA;
(B) PERFORMANCE STANDARDS THAT WOULD ACHIEVE A REDUCTION IN
GREENHOUSE GAS EMISSIONS OF TWENTY PERCENT BY 2030 AS COMPARED TO
2021 LEVELS; AND
(C) THE PROCESS FOR ADVISING, SOLICITING PUBLIC INPUT ON, AND
MAKING RECOMMENDATIONS TO THE COMMISSION ON PERFORMANCE
STANDARDS FOR 2030 TO 2050.
(III) IN DEVELOPING RECOMMENDATIONS, THE TASK FORCE SHALL:
(A) SOLICIT FEEDBACK FROM A BROAD RANGE OF INDUSTRIES AND
BUILDING OWNERS; AND
(B) EXAMINE BUILDING TYPES WITH UNIQUE ENERGY NEEDS INCLUDING
AVIATION FACILITIES, NURSING HOMES, AND HOSPITALS.
(IV) IN CALCULATING GREENHOUSE GAS REDUCTIONS PURSUANT TO
THIS SUBSECTION (8), THE CALCULATION MUST NOT INCLUDE SAVINGS FROM
STATEWIDE DECARBONIZATION OF ELECTRICITY OR NATURAL GAS UTILITY
GRIDS, BUT MAY INCLUDE SAVINGS FROM UTILITIES' OR LOCAL GOVERNMENTS'
ENERGY EFFICIENCY PROGRAMS.
(V) ADDITIONALLY, THE TASK FORCE MAY CONSIDER MAKING".

Renumber succeeding subparagraph accordingly.

Page 23, line 18, strike "AND".

Page 23, line 20, strike "COLORADO." and substitute "COLORADO; AND
(E) HOW REGULATIONS AND AGENCY SUPPORT COULD HELP ENSURE
BUILDING OWNERS AVOID FINES THROUGH COMPLIANCE WITH PERFORMANCE
STANDARDS.".

Page 24, after line 5 insert:

"(b) ON OR BEFORE OCTOBER 1, 2022, THE TASK FORCE SHALL DELIVER
TO THE DIRECTOR OF THE OFFICE ANY FINAL RECOMMENDATIONS DEVELOPED.
THE DIRECTOR OF THE OFFICE SHALL SEND COPIES OF THE TASK FORCE'S FINAL
RECOMMENDATIONS TO THE COMMISSION, THE GENERAL ASSEMBLY, AND THE
GOVERNOR.".

Reletter succeeding paragraphs accordingly.

Page 24, strike lines 8 through 13 and substitute "SUBSECTION (8)(a)(I) OF THIS
SECTION, AND THE DIRECTOR OF THE OFFICE IN CONSULTATION WITH THE
DIVISION DETERMINES THAT THE RECOMMENDATIONS MEET THE GREENHOUSE
GAS EMISSION REDUCTION REQUIREMENTS SET FORTH IN SUBSECTION (8)(a)(II)
OF THIS SECTION, THE DIVISION SHALL, ON OR BEFORE NOVEMBER 15, 2022,
REQUEST THAT THE COMMISSION".

Page 24, strike line 15 and substitute: "IMPLEMENT PERFORMANCE STANDARDS.
ON OR BEFORE MAY 1, 2023, THE COMMISSION, UPON CAREFUL CONSIDERATION
OF THE RECOMMENDATIONS OF THE TASK FORCE AS PRESENTED BY THE
DIVISION, SHALL PROMULGATE RULES TO ESTABLISH PERFORMANCE STANDARDS.
THE COMMISSION SHALL ALSO ADOPT RULES REGARDING WAIVERS AND
EXTENSIONS OF TIME REGARDING THE PERFORMANCE STANDARD
REQUIREMENTS. THE COMMISSION'S RULES MUST INCLUDE A PROVISION THAT AN
OWNER OF A PUBLIC BUILDING NEED ONLY COMPLY WITH PERFORMANCE
STANDARDS WITH REGARD TO WORK ON A CONSTRUCTION OR RENOVATION
PROJECT THAT:
(A) HAS AN ESTIMATED COST OF AT LEAST FIVE HUNDRED THOUSAND
DOLLARS;
(B) IMPACTS AT LEAST TWENTY-FIVE PERCENT OF THE COVERED
BUILDING'S SQUARE FOOTAGE; AND
(C) EXCLUDES UPGRADES SUCH AS PAINTING, FLOORING, OR TENANT
FINISHES THAT DO NOT IMPACT ENERGY USE.".

Page 24, strike lines 19 through 27.

Page 25, strike lines 1 through 4 and substitute "FORCE'S RECOMMENDATIONS
DO NOT MEET THE GREENHOUSE GAS EMISSION REDUCTION REQUIREMENTS SET
FORTH IN SUBSECTION (8)(a)(II) OF THIS SECTION, THE COMMISSION, ON OR
BEFORE MAY 1, 2023, SHALL, BY RULE, ADOPT PERFORMANCE STANDARDS THAT
MEET THE GREENHOUSE GAS EMISSION REDUCTION REQUIREMENTS SET FORTH
IN SUBSECTION (8)(a)(II) OF THIS SECTION. THE COMMISSION SHALL ALSO ADOPT
RULES REGARDING WAIVERS AND EXTENSIONS OF TIME REGARDING THE
PERFORMANCE STANDARD REQUIREMENTS. THE COMMISSION'S RULES MUST
INCLUDE A PROVISION THAT AN OWNER OF A PUBLIC BUILDING NEED ONLY
COMPLY WITH PERFORMANCE STANDARDS WITH REGARD TO WORK ON A
CONSTRUCTION OR RENOVATION PROJECT THAT:
(A) HAS AN ESTIMATED COST OF AT LEAST FIVE HUNDRED THOUSAND
DOLLARS;
(B) IMPACTS AT LEAST TWENTY-FIVE PERCENT OF THE COVERED
BUILDING'S SQUARE FOOTAGE; AND
(C) EXCLUDES UPGRADES SUCH AS PAINTING, FLOORING, OR TENANT
FINISHES THAT DO NOT IMPACT ENERGY USE.
(III) THE COMMISSION SHALL NOT ADOPT RULES TO RESCIND OR MODIFY
THE EXEMPTIONS FOR OWNERS OF PUBLIC BUILDINGS FROM PAYMENT OF THE
ANNUAL FEE, AS SET FORTH IN SECTION 24-38.5-110 (1)(e)(II), OR FROM
PAYMENT OF CIVIL PENALTIES, AS SET FORTH IN SECTION 25-7-122 (1)(i).
(IV) THE COMMISSION SHALL, AS NECESSARY, ADOPT RULES TO MODIFY
OR CONTINUE THE PERFORMANCE STANDARDS UNTIL 2050 IN ORDER TO ACHIEVE
OR EXCEED GREENHOUSE GAS EMISSION REDUCTION TARGETS SET FORTH IN
SECTION 25-7-102 (2)(g).".

Reletter succeeding paragraphs accordingly.

Page 25, line 13, strike "SYSTEMS OPERATOR;" and substitute "OPERATING
ENGINEER;".

Page 25, strike lines 22 through 24 and substitute:

"(VIII) ONE MEMBER REPRESENTING ARCHITECTS;
(IX) ONE MEMBER REPRESENTING PROFESSIONAL ENGINEERS WITH
EXPERIENCE WORKING ON SYSTEMS FOR BUILDINGS;".

Renumber succeeding subparagraphs accordingly.

Page 26, line 15, after the period add "IN MAKING APPOINTMENTS TO THE TASK
FORCE, THE DIRECTOR OF THE OFFICE SHALL STRIVE TO ENSURE GEOGRAPHIC
DIVERSITY.".

Page 26, strike lines 16 through 27 and substitute:

"(f) SUBSECTIONS (8)(a), (8)(b), (8)(d), AND (8)(e), AND THIS
SUBSECTION (8)(f) ARE REPEALED, EFFECTIVE JULY 1, 2025.".

Strike page 27.

Page 28, strike lines 1 through 14.
Renumber succeeding subsection accordingly.

Page 31, strike lines 24 through 27.

Page 32, strike lines 1 through 6 and substitute:

"(II) THE OWNER OF A PUBLIC BUILDING IS EXEMPT FROM PAYING THE
ANNUAL FEE DESCRIBED IN SUBSECTION (1)(e)(I) OF THIS SECTION.".

Page 32, line 17, strike "(2)(g)." and substitute "(2)(d).".

Page 32, strike lines 19 and 20 and substitute "BENCHMARKING REQUIREMENTS
SET FORTH IN SECTION 25-7-142 (3) AND PERFORMANCE STANDARD
REQUIREMENTS SET BY THE COMMISSION BY RULE PURSUANT TO SECTION
25-7-142 (8)(b).".

Page 32, after line 22 insert:

"(d) "COMMISSION" MEANS THE AIR QUALITY CONTROL COMMISSION
CREATED IN SECTION 25-7-104 (1).".

Reletter succeeding paragraphs accordingly.

Page 32, line 24, strike "(2)(m)." and substitute "(2)(j).".

Page 32, strike line 26 and substitute "(2)(r).".

Page 33, strike lines 12 through 27 and substitute "AS PART OF THE
REQUIREMENT THAT THE COMMISSION ADOPT RULES TO ESTABLISH
PERFORMANCE STANDARDS PURSUANT TO SECTION 25-7-142 (8)(b), THE
COMMISSION SHALL ESTABLISH BY RULE, WITH REGARD TO A VIOLATION OF THE
PERFORMANCE STANDARDS, CIVIL PENALTIES IN AN AMOUNT NOT TO EXCEED
TWO THOUSAND DOLLARS FOR A FIRST VIOLATION AND FIVE THOUSAND
DOLLARS FOR A SUBSEQUENT VIOLATION.
(II) THE DIVISION SHALL NOT ASSESS A CIVIL PENALTY FOR A VIOLATION
RELATED TO A PUBLIC BUILDING.".

Page 34, line 8, strike "(2)(m)." and substitute "(2)(j).".

Page 34, strike lines 9 and 10.

Reletter succeeding sub-subparagraph accordingly.

Page 34, line 12, strike "(2)(v)." and substitute "(2)(r).".

Page 1, line 104, before "PERFORMANCE" insert "RULES REGARDING".


Senate Journal, June 4
HB21-1286 by Representative(s) Kipp and Valdez A., Bernett; also Senator(s) Priola and Pettersen--
Concerning measures to improve energy efficiency, and, in connection therewith, requiring
owners of large buildings to collect and report on energy-use benchmarking data and
comply with rules regarding performance standards related to energy and greenhouse gas
emissions and modifying statutory requirements regarding energy performance contracts.

Amendment No. 1, Finance Committee Amendment.
(Printed in Senate Journal, June 1, page(s) 1253-1256 and placed in members' bill files.)

Amendment No. 2(L.031), by Senator Priola.

Amend the Finance Committee Report, dated June 1, 2021, page 1, after line
12 insert:

"Page 7 of the reengrossed bill, strike lines 9 through 11 and substitute:

"(g) (I) "CAMPUS" MEANS A COLLECTION OF TWO OR MORE BUILDINGS
THAT ARE OWNED AND OPERATED BY THE SAME PERSON AND THAT HAVE A
SHARED PURPOSE AND FUNCTION AS A SINGLE PROPERTY.
(II) "CAMPUS" INCLUDES TWO OR MORE OF THE BUILDINGS THAT
COMPRISE THE CAPITOL COMPLEX.".".

Page 4 of the report, line 19 strike "NOVEMBER 15, 2022," and substitute
"JANUARY 31, 2023,".

Page 4, line 21 strike "MAY" and substitute "JUNE".

Page 5, line 6 strike "MAY" and substitute "JUNE".

Page 7, line 4, strike "(8)(b)," and substitute "(8)(c),".

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


Senate Journal, June 7
HB21-1286 by Representative(s) Kipp and Valdez A., Bernett; also Senator(s) Priola and Pettersen--
Concerning measures to improve energy efficiency, and, in connection therewith, requiring
owners of large buildings to collect and report on energy-use benchmarking data and
comply with rules regarding performance standards related to energy and greenhouse gas
emissions and modifying statutory requirements regarding energy performance contracts.

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

Third Reading Amendment No. 1(L.032), by Senator Priola.

Amend revised bill, page 9, line 19, strike "(8)(b)" and substitute "(8)(c)".

Page 17, line 3, strike "(8)(b)" and substitute "(8)(c)".

Page 26, line 15, strike "(8)(b)." and substitute "(8)(c).".

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 21 NO 14 EXCUSED 0 ABSENT 0
Bridges Y Gardner N Lee Y Simpson N
Buckner Y Ginal Y Liston N Smallwood N
Coleman Y Gonzales Y Lundeen N Sonnenberg N
Cooke N Hansen Y Moreno Y Story Y
Coram N 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




SB21-084 Local Government Authority Roughed-in Roads 
Comment:
Calendar Notification: NOT ON CALENDAR
Short Title: Local Government Authority Roughed-in Roads
Sponsors: J. Smallwood (R) / M. Gray (D)
Summary:

Current law allows local governments to prohibit the operation of trucks and commercial vehicles on designated roads. The bill expands this to allow local governments to prohibit the operation of motor vehicles or off-highway vehicles on roughed-in roads, which are areas where the ground has been cut with the intention to make a road but has not been improved enough to qualify as a road.

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


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

Status: 2/16/2021 Introduced In Senate - Assigned to Local Government
3/9/2021 Senate Committee on Local Government Refer Amended - Consent Calendar to Senate Committee of the Whole
3/12/2021 Senate Second Reading Passed with Amendments - Committee
3/12/2021 Senate Second Reading Laid Over Daily - No Amendments
3/17/2021 Senate Third Reading Passed - No Amendments
3/19/2021 Introduced In House - Assigned to Transportation & Local Government
4/6/2021 House Committee on Transportation & Local Government Refer Unamended to House Committee of the Whole
4/8/2021 House Second Reading Passed - No Amendments
4/9/2021 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
Amendments:

Senate Journal, March 10
After consideration on the merits, the Committee recommends that SB21-084 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, line 21, after "MOTOR" insert "OR OFF-HIGHWAY".




SB21-165 Colorado Department Of Transportation Project Procurement Methods 
Comment:
Calendar Notification: NOT ON CALENDAR
Short Title: Colorado Department Of Transportation Project Procurement Methods
Sponsors: R. Scott (R)
Summary:

Section 2 of the bill requires the Colorado department of transportation (CDOT) to solicit construction contracts for public projects by invitation for bids, also known as the design bid build method of procurement, unless CDOT determines, based on specific written findings that CDOT posts on its website prior to awarding a contract, that it is not feasible to do so and that soliciting the contract through an alternative procurement method authorized by law such as competitive sealed best value bidding, an integrated product delivery contract, a public-private initiative, or a design-build contract is likely to cause the project to be completed faster, at a lower cost, or to a higher standard of quality than if the project was solicited by an invitation for bids. Section 4 prohibits CDOT from refusing to prequalify a contractor to bid on CDOT projects or reducing the scope of prequalification granted based on the contractor's lack of prior opportunity to demonstrate performance on past department contracts if the bidder can demonstrate its experience, past performance, expertise, and financial capacity through its work on construction contracts in other states or for county, municipal, or other local governments in Colorado.Sections 3, 5, 6, 7, 9, 11, and 12 ensure that the requirements and prohibitions set forth in sections 2 and 4 apply to CDOT project procurement through the alternative methods of competitive sealed best value bidding, integrated product delivery contracts, public-private initiatives, and design-build contracts.Section 8 requires CDOT to disclose to the public its rationale for selecting a specific participating entity to which it has awarded an integrated product delivery contract. Section 10 requires CDOT to disclose to the public its rationale for entering into the public-private initiative agreement for a project in lieu of soliciting a contractor for the project by invitation for bids or for best value bids and its rationale for selecting each private or public entity that is a party to the agreement over any other unselected private or public entities that submitted comparable proposals.
(Note: This summary applies to this bill as introduced.)

Status: 3/2/2021 Introduced In Senate - Assigned to Transportation & Energy
3/25/2021 Senate Committee on Transportation & Energy Postpone Indefinitely
Amendments:

SB21-180 Recycling And Composting Enterprise Grant Program 
Comment:
Calendar Notification: NOT ON CALENDAR
Short Title: Recycling And Composting Enterprise Grant Program
Sponsors: K. Priola (R) | R. Zenzinger (D) / S. Bird (D) | B. Titone (D)
Summary:

The bill creates the Colorado recycling and composting infrastructure enterprise (enterprise) within the department of public health and environment (department) to develop and modernize the recycling and composting infrastructure in the state. The enterprise is authorized to issue revenue bonds.The bill creates the Colorado recycling and composting infrastructure enterprise grant program (grant program) within the department to provide grants to eligible entities to:

  • Create new or expand existing recycling, recovery, and composting operations;
  • Create markets for recycled materials, including the use of food service packaging as feedstock in the production of new products; and
  • Facilitate recycling, composting, litter cleanup, and education efforts concerning recycling and composting practices.

The bill creates the Colorado recycling and composting infrastructure enterprise board (enterprise board) to administer the grant program and submit an annual report concerning the grant program.The bill creates the Colorado recycling and composting infrastructure enterprise grant program cash fund (cash fund) and requires the enterprise board to award grants from the cash fund.The bill allows the executive board to promulgate rules to implement the grant program and requires the solid and hazardous waste commission (commission) to promulgate rules establishing a process for calculating the rates at which common types of food service packaging are being recycled or composted in the state, based on recently available data. On or before January 1, 2025, the commission must use the process to calculate such rates. Thereafter, the commission must recalculate each rate at least every 2 years. The enterprise board must evaluate the rates and advise the commission regarding their accuracy.The bill requires the enterprise to determine and impose a fee on food service packaging that is initially sold or offered for sale in the state, as follows:

  • On and after January 1, 2022, and until January 1, 2030, the enterprise shall impose a fee in an amount to be determined by the enterprise but which may not exceed three-tenths of a cent on each unit of the food service packaging;
  • On and after January 1, 2030, and until January 1, 2035, if the food service packaging is a type of food service packaging for which the commission has calculated a recycling or composting rate that is less than 50%, the enterprise shall impose a fee in an amount to be determined by the enterprise but which may not exceed six-tenths of a cent on each unit of the food service packaging; and
  • On and after January 1, 2035, if the food service packaging is a type of food service packaging for which the commission has calculated a recycling or composting rate that is less than 75%, the enterprise shall impose a fee in an amount to be determined by the enterprise but which may not exceed one cent on each unit of the food service packaging.

The enterprise shall collect the fee from the distributor that initially sells the food service packaging into the state. All money collected as fees must be deposited into the cash fund.The bill requires the commission to conduct an assessment of the state's recycling and composting infrastructure on or before January 1, 2022, including examining the types of food service packaging being collected, processed, recycled, or composted in the state.The bill creates the stakeholder advisory committee on recycling (advisory committee) in the department of public health and environment (department) and requires the advisory committee to:

  • Conduct a literature review of various policy concepts relating to post-consumer recycled content requirements for packaging;
  • Review rates and time frames in which post-consumer recycled content may be feasibly required for all packaging applications and materials; and
  • Submit a report on or before July 1, 2022, to subject matter committees of the general assembly, which report must include recommendations in subject matter areas in which the advisory committee achieved consensus and note dissenting opinions in subject matters in which the advisory committee failed to achieved consensus.

For the 2021-22 state fiscal year, the bill appropriates $139,775 to the department for use by the division of environmental health and sustainability 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: 3/10/2021 Introduced In Senate - Assigned to Business, Labor, & Technology
3/22/2021 Senate Committee on Business, Labor, & Technology Refer Amended to Finance
4/21/2021 Senate Committee on Finance Refer Amended 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 Appropriations
6/15/2021 House Committee on Appropriations Lay Over Unamended - Amendment(s) Failed
Amendments:

Senate Journal, March 23
After consideration on the merits, the Committee recommends that SB21-180 be amended
as follows, and as so amended, be referred to the Committee on Finance with favorable
recommendation.
Amend printed bill, page 9, line 27, strike "THREE" and substitute "FOUR".

Page 10, line 1, strike "APPROPRIATED OR TRANSFERRED TO" and substitute
"DEPOSITED INTO".

Page 15, line 27, strike "JANUARY 1, 2022," and substitute "JULY 1, 2023,".

Page 17, line 15, strike "JUNE 30, 2022." and substitute "JANUARY 1, 2024.".


Business,
Labor, &
Technology

Senate Journal, April 22
After consideration on the merits, the Committee recommends that SB21-180 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Strike the Business, Labor, and Technology Committee Report, dated March
22, 2021.

Amend printed bill, strike everything below the enacting clause and substitute:

"SECTION 1. In Colorado Revised Statutes, add 25-17-109 as
follows:
25-17-109. Stakeholder advisory committee on recycling - created
- definitions - report - repeal. (1) AS USED IN THIS SECTION, UNLESS THE
CONTEXT OTHERWISE REQUIRES:
(a) "COMMITTEE" MEANS THE STAKEHOLDER ADVISORY COMMITTEE ON
RECYCLING CREATED IN SUBSECTION (2) OF THIS SECTION.
(b) "DEPARTMENT" MEANS THE DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT.
(c) "RECYCLABLE MATERIALS":
(I) MEANS ANY TYPE OF DISCARDED OR WASTE MATERIAL THAT IS NOT
REGULATED UNDER SECTION 25-8-205 (1)(e) AND CAN BE REUSED,
REMANUFACTURED, RECLAIMED, OR RECYCLED, INCLUDING COMPOSTABLE
ORGANIC MATERIAL AND CONSTRUCTION AND DEMOLITION MATERIALS; AND
(II) DOES NOT INCLUDE INDUSTRIAL MATERIALS, PAINT, OR A WASTE
TIRE AS DEFINED IN SECTION 30-20-1402 (12).
(2) THE STAKEHOLDER ADVISORY COMMITTEE ON RECYCLING IS
CREATED IN THE DEPARTMENT FOR THE FOLLOWING PURPOSES:
(a) TO CONDUCT A LITERATURE REVIEW OF VARIOUS POLICY CONCEPTS,
INCLUDING POLICIES ENACTED OR BEING CONSIDERED IN OTHER STATES AND
OTHER NATIONS RELATIVE TO POST-CONSUMER RECYCLED CONTENT
REQUIREMENTS FOR PACKAGING;
(b) TO REVIEW RATES AND TIME FRAMES IN WHICH POST-CONSUMER
RECYCLED CONTENT, INCLUDING RECYCLED PLASTIC, GLASS, STEEL, AND PAPER,
MAY BE FEASIBLY REQUIRED FOR ALL PACKAGING APPLICATIONS AND
MATERIALS; AND
(c) TO SUBMIT A REPORT ON OR BEFORE JULY 1, 2022, TO THE ENERGY
AND ENVIRONMENT COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE
HEALTH AND HUMAN SERVICES COMMITTEE OF THE SENATE, OR TO ANY
SUCCESSOR COMMITTEE, WHICH REPORT INCLUDES POLICY AND LEGISLATIVE
RECOMMENDATIONS REGARDING THE FEASIBILITY OF IMPLEMENTING
POST-CONSUMER RECYCLED CONTENT REQUIREMENTS FOR PACKAGING. THE
REPORT MUST INCLUDE RECOMMENDATIONS IN SUBJECT MATTER AREAS WHERE
THE COMMITTEE ACHIEVED CONSENSUS AND NOTE DISSENTING OPINIONS IN
SUBJECT MATTER AREAS WHERE THE COMMITTEE FAILED TO ACHIEVE
CONSENSUS CONCERNING THE FOLLOWING:
(I) DEFINITIONS OF TERMS;
(II) METHODS FOR DETERMINING RESPONSIBLE PARTIES;
(III) METHODS FOR DETERMINING, REPORTING, AND CERTIFYING
COMPLIANCE WITH REQUIREMENTS CONCERNING THE RECYCLING OF
RECYCLABLE MATERIALS;
(IV) METHODS FOR ESTABLISHING MANDATORY RECYCLING RATES,
INCLUDING CONSIDERATION OF MATERIAL TYPES AND TARGET IMPLEMENTATION
DATES;
(V) METHODS FOR VERIFYING CLAIMS REGARDING RECYCLED CONTENT;
(VI) REGISTRATION OF MANUFACTURERS AND DISTRIBUTORS;
(VII) ENFORCEMENT; AND
(VIII) EXEMPTIONS AND EXCEPTIONS.
(3) ON OR BEFORE AUGUST 1, 2021, THE EXECUTIVE DIRECTOR OF THE
DEPARTMENT, OR THE EXECUTIVE DIRECTOR'S DESIGNEE, SHALL APPOINT ONE
MEMBER TO THE COMMITTEE TO REPRESENT EACH OF THE FOLLOWING
STAKEHOLDER GROUPS:
(a) THE DEPARTMENT;
(b) CITIES, INCLUDING SMALL AND LARGE CITIES AND CITIES LOCATED
IN URBAN AND RURAL COUNTIES;
(c) COUNTIES, INCLUDING SMALL AND LARGE COUNTIES AND URBAN
AND RURAL COUNTIES;
(d) AN ENTITY IN THE WASTE AND RECYCLING INDUSTRY THAT OWNS OR
OPERATES A CURBSIDE RECYCLING PROGRAM;
(e) A MATERIAL RECOVERY FACILITY OPERATOR THAT PROCESSES
MUNICIPAL SOLID WASTE FROM CURBSIDE RECYCLING PROGRAMS;
(f) RECYCLED PLASTIC FEEDSTOCK USERS;
(g) A TRADE ASSOCIATION REPRESENTING THE PLASTICS RECYCLING
INDUSTRY;
(h) A RECYCLED CONTENT CERTIFICATION ORGANIZATION;
(i) A NONPROFIT ENVIRONMENTAL ORGANIZATION THAT SPECIALIZES
IN WASTE AND RECYCLING ISSUES;
(j) PLASTIC CONVERTERS AND MANUFACTURERS OF RESINS;
(k) A MANUFACTURER OF PLASTIC PACKAGING;
(l) A STATEWIDE BUSINESS TRADE ASSOCIATION;
(m) AN ASSOCIATION THAT REPRESENTS CONSUMER BRAND COMPANIES;
(n) A CONSUMER-ORIENTED ORGANIZATION;
(o) A STATEWIDE ASSOCIATION OF RETAILERS; AND
(p) AN ADVANCED RECYCLING TECHNOLOGY PROVIDER THAT
PROCESSES PLASTIC MATERIAL; AND
(q) A MEMBER WHO HAS EXPERIENCE IN ENVIRONMENT JUSTICE AND
REPRESENTING UNDERSERVED COMMUNITIES.
(4) THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES SHALL JOINTLY APPOINT A MEMBER OF THE COMMITTEE TO
CHAIR THE COMMITTEE, AND ON OR BEFORE SEPTEMBER 1, 2021, THE CHAIR
SHALL CONVENE THE COMMITTEE.
(5) THIS SECTION IS REPEALED, EFFECTIVE AUGUST 1, 2022.
SECTION 2. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.".

Page 1 of the printed bill, strike line 101 and substitute "CONCERNING A
REPORT TO BE SUBMITTED TO THE GENERAL ASSEMBLY BY THE DEPARTMENT
OF PUBLIC HEALTH AND ENVIRONMENT REGARDING POST-CONSUMER
RECYCLED CONTENT RECOMMENDATIONS FOR PACKAGING.".


Finance


Senate Journal, May 14
After consideration on the merits, the Committee recommends that SB21-180 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend the Finance Committee Report, dated April 21, 2021, page 3, after line
27 insert:

"SECTION 2. Appropriation. For the 2021-22 state fiscal year,
$139,775 is appropriated to the department of public health and environment
for use by the division of environmental health and sustainability. This
appropriation is from the general fund and is based on an assumption that the
division will require an additional 0.5 FTE. To implement this act, the division
may use this appropriation for the recycling resources economic opportunity
program.".

Renumber succeeding section accordingly.

Page 3 of the Committee Report, strike line 35 and substitute "PACKAGING,
AND, IN CONNECTION THEREWITH, MAKING AN APPROPRIATION.".".


Appro-
priations

Senate Journal, May 18
SB21-180 by Senator(s) Priola and Zenzinger; also Representative(s) Bird and Titone, Soper--
Concerning a report to be submitted to the general assembly by the department of public
health and environment regarding post-consumer recycled content recommendations for
packaging, and, in connection therewith, making an appropriation.

Amendment No. 1, Business, Labor & Technology Committee Amendment.
(Printed in Senate Journal, March 23, page(s) 328 and placed in members' bill files.)

Amendment No. 2, Finance Committee Amendment.
(Printed in Senate Journal, April 22, page(s) 603-604 and placed in members' bill files.)

Amendment No. 3, Appropriations Committee Amendment.
(Printed in Senate Journal, May 14, page(s) 932 and placed in members' bill files.)

Amendment No. 4(L.017), by Senator Priola.

Amend the Finance Committee Report, dated April 21, 2021, page 2, strike
lines 36 and 37 and substitute "APPOINT MEMBERS TO THE COMMITTEE TO
REPRESENT STAKEHOLDER GROUPS INCLUDING:".

Page 3, line 20, strike "AND".

Page 3, line 21, strike "ENVIRONMENT" and substitute "ENVIRONMENTAL".

Page 3, line 22, strike "COMMUNITIES." and substitute "COMMUNITIES; AND".

Page 3, after line 22 insert:

"(r) A TRADE ASSOCIATION REPRESENTING THE GLASS CONTAINER
MANUFACTURING INDUSTRY.".

Page 3, strike lines 23 and 24 and substitute:

"(4) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OR THE EXECUTIVE
DIRECTOR'S DESIGNEE SHALL APPOINT A MEMBER OF THE".

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




SB21-238 Create Front Range Passenger Rail District 
Comment:
Calendar Notification: NOT ON CALENDAR
Short Title: Create Front Range Passenger Rail District
Sponsors: L. Garcia (D) | R. Zenzinger (D) / D. Esgar (D) | M. Gray (D)
Summary:

The bill creates the front range passenger rail district (district) for the purpose of planning, designing, developing, financing, constructing, operating, and maintaining an interconnected passenger rail system (system) along the front range. The district is specifically required to work collaboratively with the regional transportation district (RTD) to ensure interconnectivity with any passenger rail system operated by or for the RTD and with Amtrak on interconnectivity with Amtrak's Southwest Chief, California Zephyr, and Winter Park Express trains, including but not limited to rerouting of the Amtrak Southwest Chief passenger train. The district must also coordinate with the department of transportation (CDOT) to ensure that any system is well-integrated into the state's multimodal transportation system and does not impair the efficiency or safety of or otherwise adversely affect existing transportation infrastructure or operations. If deemed appropriate by the board of directors of the district and by the board of directors of RTD, the district may share with RTD capital costs associated with shared use of rail line infrastructure in the northwest rail line corridor for passenger train service.

The area that comprises the district extends from Wyoming to New Mexico and includes:

  • The entirety of the city and county of Broomfield and the city and county of Denver;
  • All areas within Adams, Arapahoe, Boulder, Douglas, El Paso, Huerfano, Jefferson, Larimer, Las Animas, Pueblo, and Weld counties that are located within the territory of a metropolitan planning organization (MPO);
  • All areas within Huerfano, Las Animas, and Pueblo counties that are not located within the territory of a MPO and are located within a county precinct that is located wholly or partly within 5 miles of the public right-of-way of interstate highway 25; and
  • All areas within Larimer and Weld counties that are not located within the territory of a MPO and are located within a county precinct that is north of the city of Fort Collins and is located wholly or partly within 5 miles of the public right-of-way of interstate highway 25.

The district is governed by a board of directors composed of 8 appointees of transportation planning organizations that have jurisdiction within the territory of the district, 6 appointees of the governor who must collectively have professional experience or expertise in specified areas, and an appointee of the executive director of the department of transportation (CDOT) CDOT , as well as a nonvoting representative of RTD, and, if the respective governors and chief executive officers choose to make appointments, nonvoting representatives of the BNSF Railway, the Union Pacific Railroad, Amtrak, and communities in Wyoming and New Mexico. In addition to the professional experience or expertise requirements, at least one of the directors appointed by the governor one must be a representative of organized labor and one must be a representative of a conservation organization with expertise in transit-oriented land use planning resident of a county, city and county, or municipality through which light or commuter rail was planned as part of RTD's voter-approved Fastracks program. Each director appointed by a transportation planning organization must be or have been a member of the board of directors of the appointing authority and must represent or have represented a member jurisdiction of the appointing authority that is wholly or partly included within the district. The board must be fully appointed by April 1, 2022, with an earlier appointment deadline for some appointees. The board must convene for its initial meeting not later than May 15, 2022. and on that date, The existing southwest chief and front range passenger rail commission is terminated, effective February 15, 2022, and any remaining commission funds are transferred to the district no later than June 15, 2022.

The district is authorized to exercise the powers necessary to plan, design, develop, finance, construct, operate, and maintain the system including but not limited to:

  • The power, subject to the approval of the voters of the district and other specified limitations, to levy a sales and use tax, and to exercise specified taxing authority common to special districts within the district, and to issue bonds. Before submitting a ballot question to establish any district tax, the district must publish a proposed services development plan, an operating plan, and a detailed financing plan and certify that it has made every reasonable effort to secure federal funding for the system.
  • The power, subject to the approval of the owners of property within a 2-mile radius of any existing or proposed passenger rail station, to create a station area improvement district with the authority to levy additional sales and use tax, special assessments on real property, or both, to cover the costs of construction, operation, and maintenance of the station;
  • The power to enter into public-private partnerships; and
  • The power to employ its own personnel or contract with public or private entities, or both, for the operation and maintenance of the system.

The district must publish and present a comprehensive annual report to the legislative committees with jurisdiction over transportation and each transportation planning organization that appoints directors to the district board. If the district levies a tax, the state auditor must conduct a biennial district-funded audit of the district. The state fiscal year 2021-22 cash fund appropriation to the southwest chief and front range passenger rail commission is decreased by $62,954, and the related FTE is decreased by 0.6 FTE.

(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: 4/9/2021 Introduced In Senate - Assigned to Transportation & Energy
4/27/2021 Senate Committee on Transportation & Energy Refer Amended to Appropriations
5/7/2021 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
5/11/2021 Senate Second Reading Laid Over Daily - No Amendments
5/12/2021 Senate Second Reading Passed with Amendments - Committee, Floor
5/13/2021 Senate Third Reading Passed with Amendments - Floor
5/14/2021 Introduced In House - Assigned to Transportation & Local Government
5/25/2021 House Committee on Transportation & Local Government Refer Amended to Appropriations
5/28/2021 House Committee on Appropriations Refer Amended to House Committee of the Whole
6/2/2021 House Second Reading Special Order - Passed with Amendments - Committee
6/3/2021 House Third Reading Passed with Amendments - Floor
6/3/2021 Senate Considered House Amendments - Result was to Concur - Repass
6/16/2021 Signed by the President of the Senate
6/16/2021 Sent to the Governor
6/16/2021 Signed by the Speaker of the House
6/30/2021 Signed by Governor
6/30/2021 Signed by Governor
6/30/2021 Governor Signed
Amendments:

Senate Journal, April 28
After consideration on the merits, the Committee recommends that SB21-238 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 4, line 18, strike "MAY ALSO" and substitute "SHALL
NOT".

Page 6, after line 7 insert:

"(d) COORDINATE WITH THE DEPARTMENT OF TRANSPORTATION TO
ENSURE THAT ANY DISTRICT FRONT RANGE PASSENGER RAIL SYSTEM IS
WELL-INTEGRATED INTO THE STATE'S MULTIMODAL TRANSPORTATION SYSTEM
AND DOES NOT IMPAIR THE EFFICIENCY OR SAFETY OF OR OTHERWISE
ADVERSELY AFFECT EXISTING TRANSPORTATION INFRASTRUCTURE OR
OPERATIONS AND HOLD AT LEAST ONE JOINT MEETING ANNUALLY OF THE BOARD
AND THE TRANSPORTATION COMMISSION CREATED IN SECTION 43- 1-106 (1);".

Reletter succeeding paragraphs accordingly.

Page 10, line 20, strike "21-_____," and substitute "21-238,".

Page 18, line 16, after the second "REGISTERED" insert "IN A COUNTY OF THE
STATE THAT DOES NOT INCLUDE ANY AREA THAT IS PART OF THE DISTRICT OR".

Page 24, line 22, strike "21-_____," and substitute "21-238,".

Trans-
portation &
Energy

Senate Journal, May 6
After consideration on the merits, the Committee recommends that SB21-238 be amended as
follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 29, after line 24 insert:

"SECTION 5. Appropriation - adjustments to 2021 long bill. To
implement this act, the cash funds appropriation from the southwest chief rail
line economic development, rural tourism, and infrastructure repair and
maintenance fund created in section 43-4-1002 (1), C.R.S., made in the annual
general appropriation act for the 2021-22 state fiscal year to the department of
transportation for use by the southwest chief and front range passenger rail
commission is decreased by $62,954, and the related FTE is decreased by 0.6
FTE.".

Renumber succeeding sections accordingly.

Page 1, line 105, strike "SYSTEM AND" and substitute "SYSTEM,".

Page 1, line 106, strike "DISTRICT." and substitute "DISTRICT, AND REDUCING
AN APPROPRIATION.".


Senate Journal, May 12
SB21-238 by Senator(s) Garcia and Zenzinger, Priola, Simpson, Bridges, Buckner, Coleman, Coram,
Donovan, Fenberg, Fields, Jaquez Lewis, Lee, Story, Winter; also Representative(s) Esgar
and Gray--Concerning the front range passenger rail district, and, in connection therewith,
creating the district for the purpose of planning, designing, developing, financing,
constructing, operating, and maintaining a passenger rail system, specifying the territory,
governing structure, powers, and duties of the district, and reducing an appropriation.

Amendment No. 1, Transportation & Energy Committee Amendment.
(Printed in Senate Journal, April 28, page(s) 655 and placed in members' bill files.)

Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, May 7, page(s) 827 and placed in members' bill files.)

Amendment No. 3(L.006), by Senator Zenzinger.

Amend printed bill, page 7, line 13, after "DIRECTORS," insert "ALL OF WHOM
SHALL REPRESENT THE RESIDENTS OF THE DISTRICT,".

Page 7, line 14, after "(a)" insert "(I)".

Page 7, strike lines 15 through 18 and substitute "BY THE SENATE. THE
DIRECTORS APPOINTED BY THE GOVERNOR SHALL SUPPORT THE PURPOSES OF
THE DISTRICT AS OUTLINED IN SUBSECTION (2) OF THIS SECTION, AND MUST
COLLECTIVELY HAVE PROFESSIONAL EXPERIENCE OR EXPERTISE IN THE
FOLLOWING AREAS:
(A) TRANSPORTATION OR PUBLIC FINANCE;
(B) SUPPORTING A STATEWIDE EMPLOYEE ORGANIZATION;
(C) PASSENGER RAIL SYSTEM DEVELOPMENT OR OPERATIONS; AND
(D) ENVIRONMENTAL CONSERVATION.
(II) IN ADDITION TO THE REQUIREMENTS SET FORTH IN SUBSECTION
(1)(a)(I) OF THIS SECTION, AT LEAST ONE OF THE DIRECTORS APPOINTED BY THE
GOVERNOR MUST BE A RESIDENT OF A COUNTY, CITY AND COUNTY, OR
MUNICIPALITY THROUGH WHICH LIGHT OR COMMUTER RAIL SERVICE WAS
PLANNED AS PART OF THE VOTER-APPROVED FASTRACKS TRANSIT EXPANSION
PROGRAM OF THE REGIONAL TRANSPORTATION DISTRICT BUT HAS NOT BEEN
CONSTRUCTED.
(III) THE GOVERNOR SHALL MAKE.".

Page 7, strike line 24 and substitute "DIRECTORS OTHER THAN THE DIRECTOR
WHO IS A RESIDENT OF A COUNTY, CITY AND COUNTY, OR MUNICIPALITY
THROUGH WHICH LIGHT OR COMMUTER RAIL SERVICE WAS PLANNED AS PART OF
THE VOTER-APPROVED FASTRACKS TRANSIT EXPANSION PROGRAM OF THE
REGIONAL TRANSPORTATION DISTRICT BUT HAS NOT BEEN CONSTRUCTED ARE
TWO YEARS. THE REQUIREMENT THAT ONE DIRECTOR BE SUCH A RESIDENT
EXPIRES AFTER TWO FOUR-YEAR TERMS HAVE BEEN SERVED BY A DIRECTOR
WHO MEETS THE REQUIREMENT.".

Page 8, line 7, strike "THREE" and substitute "FOUR".

Page 8, line 9, strike "SEVEN HUNDRED FIFTY" and substitute "FIVE HUNDRED".

Page 8, line 11, strike "GOVERNMENTS," and substitute "GOVERNMENTS AND
THE NORTH FRONT RANGE METROPOLITAN PLANNING ORGANIZATION,".

Page 8, strike lines 13 and 14.

Reletter succeeding sub-subparagraphs accordingly.

Page 8, strike lines 19 and 20 and substitute:

"(II) A DIRECTOR APPOINTED PURSUANT TO SUBSECTION (1)(b)(I) OF
THIS SECTION MUST BE OR MUST HAVE BEEN AN APPOINTED REPRESENTATIVE TO
THE BOARD OF DIRECTORS OF THE APPOINTING AUTHORITY AND MUST
REPRESENT OR MUST HAVE REPRESENTED A MEMBER JURISDICTION OF THE
APPOINTING AUTHORITY THAT IS WHOLLY OR PARTLY INCLUDED WITHIN THE
DISTRICT. WHEN APPOINTING SUCH A DIRECTOR, ONLY MEMBERS OF THE BOARD
OF DIRECTORS OF THE APPOINTING AUTHORITY WHO REPRESENT A MEMBER
JURISDICTION OF THE APPOINTING AUTHORITY THAT IS WHOLLY OR INCLUDED
WITHIN THE DISTRICT MAY VOTE ON THE APPOINTMENT. THE APPOINTING
AUTHORITIES FOR SUCH DIRECTORS SHALL MAKE INITIAL".

Page 8, line 24, strike "ONE" and substitute "TWO".
Page 8, line 26, after "APPOINTED" insert "BY EACH METROPOLITAN PLANNING
ORGANIZATION".

Page 8 line 27 and page 9, line 1, strike "THE DIRECTOR APPOINTED PURSUANT
TO SUBSECTION (1)(b)(I)(C) OF THIS SECTION,".

Page 9, line 2, strike "(1)(b)(I)(E)" and substitute "(1)(b)(I)(D)".

Page 9, line 2, after the period add "BY A TWO-THIRDS VOTE OF ITS MEMBERS,
THE SENATE MAY REMOVE ANY MEMBER OF THE BOARD APPOINTED PURSUANT
TO SUBSECTION (1)(a) OF SUBSECTION (1)(b) OF THIS SECTION FOR CAUSE.".


Amendment No. 4(L.008), by Senator Zenzinger.

Amend printed bill, page 23, line 22, after the period add "BEFORE SUBMITTING
A QUESTION TO ESTABLISH ANY DISTRICT TAX TO THE REGISTERED ELECTORS OF
THE DISTRICT, THE DISTRICT SHALL:
(a) PUBLISH A PROPOSED SERVICE DEVELOPMENT PLAN, AN OPERATING
PLAN, AND A DETAILED FINANCING PLAN. THE SERVICE DEVELOPMENT PLAN
MUST IDENTIFY THE ROUTE AND PHASING OF THE PASSENGER RAIL SYSTEM TO
BE FUNDED BY THE TAX. THE FINANCING PLAN MUST IDENTIFY COMMITTED AND
POTENTIAL FINANCIAL PARTNERS, INCLUDING BUT NOT LIMITED TO THE
REGIONAL TRANSPORTATION DISTRICT, THE FEDERAL GOVERNMENT, AMTRAK,
AND PRIVATE PARTNERS; AND
(b) ADOPT A RESOLUTION CERTIFYING THAT THE DISTRICT HAS MADE
EVERY REASONABLE EFFORT TO SECURE FEDERAL FUNDING TO SUPPORT THE
DEVELOPMENT, FINANCING, CONSTRUCTION, OPERATION, OR MAINTENANCE OF
THE PASSENGER RAIL SYSTEM.".


Amendment No. 5(L.009), by Senator Zenzinger.

Amend printed bill, page 28, after line 2 insert:

"32-22-117. Reporting - auditing. (1) NO LATER THAN JANUARY 31,
2024, AND NO LATER THAN EACH JANUARY 31 THEREAFTER, THE DISTRICT
SHALL PUBLISH AND PRESENT AT A JOINT MEETING OF THE TRANSPORTATION
AND LOCAL GOVERNMENT COMMITTEE OF THE HOUSE OF REPRESENTATIVES
AND THE TRANSPORTATION AND ENERGY COMMITTEE OF THE SENATE, OR THEIR
SUCCESSOR COMMITTEES, A COMPREHENSIVE ANNUAL REPORT OF ITS ACTIVITIES
FOR THE PRIOR DISTRICT FISCAL YEAR. THE DISTRICT SHALL ALSO PRESENT THE
REPORT TO EACH METROPOLITAN PLANNING ORGANIZATION AND RURAL
TRANSPORTATION PLANNING ORGANIZATION THAT APPOINTS MEMBERS TO THE
BOARD PURSUANT TO SECTION 32-22-104 (1)(b)(I).
(2) IF THE VOTERS OF THE DISTRICT APPROVE AND THE DISTRICT LEVIES
A TAX THROUGHOUT THE DISTRICT AS AUTHORIZED BY THIS ARTICLE 22, THE
STATE AUDITOR SHALL CONDUCT A COMPREHENSIVE FINANCIAL AUDIT OF THE
DISTRICT ONCE EVERY TWO YEARS. THE DISTRICT SHALL PAY THE STATE
AUDITOR FOR THE COSTS OF EACH AUDIT.".


Senate Journal, May 13
SB21-238 by Senator(s) Garcia and Zenzinger, Priola, Simpson, Bridges, Buckner, Coleman, Coram,
Donovan, Fenberg, Fields, Jaquez Lewis, Lee, Story, Winter; also Representative(s) Esgar
and Gray--Concerning the front range passenger rail district, and, in connection therewith,
creating the district for the purpose of planning, designing, developing, financing,
constructing, operating, and maintaining a passenger rail system, specifying the territory,
governing structure, powers, and duties of the district, and reducing an appropriation.

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

Third Reading Amendment No. 1(L.014), by Senator Zenzinger.

Amend engrossed bill, page 9, line 6, strike "EIGHT" and substitute "TEN".

Page 10, line 7, after "WHOLLY" insert "OR PARTLY".

Page 10, line 19, strike the second "OF" and substitute "OR".


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:


House Journal, May 26
23 SB21-238 be amended as follows, and as so amended, be referred to
24 the Committee on Appropriations with favorable
25 recommendation:
26
27 Amend reengrossed bill, page 4, after line 7 insert:
28
29 "(6) "LOCAL GOVERNMENT" MEANS A COUNTY, A CITY AND
30 COUNTY, A MUNICIPALITY, AND ANY OTHER POLITICAL SUBDIVISION OF
31 THE STATE AND DOES NOT INCLUDE THE STATE OR ANY STATE
32 DEPARTMENT, DIVISION, OR OTHER AGENCY.".
33
34 Renumber succeeding subsections accordingly.
35
36 Page 9, line 14, after "DIRECTORS;" add "EXCEPT THAT, IF A SINGLE CITY
37 AND COUNTY OR MUNICIPALITY HAS FIFTY-FIVE PERCENT OR MORE OF THE
38 TOTAL POPULATION OF THE METROPOLITAN PLANNING ORGANIZATION'S
39 TERRITORY, THE CITY AND COUNTY OR MUNICIPALITY SHALL APPOINT ONE
40 OF THE FOUR DIRECTORS THAT WOULD OTHERWISE BE APPOINTED BY THE
41 METROPOLITAN PLANNING ORGANIZATION;".
42
43 Page 9, line 20, after "DIRECTORS;" add "EXCEPT THAT, IF A SINGLE CITY
44 AND COUNTY OR MUNICIPALITY HAS FIFTY-FIVE PERCENT OR MORE OF THE
45 TOTAL POPULATION OF THE METROPOLITAN PLANNING ORGANIZATION'S
46 TERRITORY, THE CITY AND COUNTY OR MUNICIPALITY SHALL APPOINT ONE
47 OF THE FOUR DIRECTORS THAT WOULD OTHERWISE BE APPOINTED BY THE
48 METROPOLITAN PLANNING ORGANIZATION;".
49
50 Page 9, line 26, after "APPOINTED" insert "BY A METROPOLITAN PLANNING
51 ORGANIZATION OR A COUNCIL OF GOVERNMENTS".
52
53 Page 10, line 3, strike "JURISDICTION" and substitute "LOCAL
54 GOVERNMENT".
55
1 Page 10, line 6, strike "JURISDICTION" and substitute "LOCAL
2 GOVERNMENT".
3
4 Page 11, after line 21 insert:
5
6 "(f) ONE ADVISORY NONVOTING DIRECTOR APPOINTED BY THE
7 BOARD OF DIRECTORS OF THE I-70 MOUNTAIN CORRIDOR COALITION, OR
8 ANY SUCCESSOR ENTITY TO THE COALITION. THE BOARD OF DIRECTORS
9 SHALL MAKE THE INITIAL APPOINTMENT NO LATER THAN DECEMBER 1,
10 2021. THE DIRECTOR SHALL SERVE AT THE PLEASURE OF THE BOARD OF
11 DIRECTORS, BUT THE APPOINTMENT MUST BE REAFFIRMED BY THE BOARD
12 OF DIRECTORS OF THE I-70 MOUNTAIN CORRIDOR COALITION NOT LATER
13 THAN FOUR YEARS FROM THE DATE OF THE INITIAL APPOINTMENT AND NOT
14 LATER THAN FOUR YEARS FROM THE DATE OF ANY SUBSEQUENT
15 REAFFIRMATION.".
16
17 Reletter succeeding paragraph accordingly.
18
19 Page 12, line 24, strike "AND" and substitute "AND, EXCEPT AS OTHERWISE
20 SPECIFICALLY PROVIDED IN THIS ARTICLE 22,".
21
22 Page 13, line 1, strike the first "THE" and substitute "ALL".
23
24 Page 13, line 19, strike "PROVIDED IN THIS SUBSECTION (1)(a)," and
25 substitute "SPECIFICALLY PROVIDED IN THIS ARTICLE 22,".
26
27 Page 14, line 2, strike "GOVERNMENTS" and substitute "GOVERNMENTS,
28 AS PROVIDED IN SECTION 32-22-106 (1)(h),".
29
30 Page 14, line 5, strike "MAY BE".
31
32 Page 14, strike line 6 and substitute "MUST BE AT A PUBLIC HEARING.".
33
34 Page 17, line 17, after "GOVERNMENTS" insert "AND IN COMPLIANCE WITH
35 LAND USE AUTHORITY, PERMITTING REQUIREMENTS, AND REAL PROPERTY
36 RIGHTS OF SUCH LOCAL GOVERNMENTS".
37
38 Page 26, line 3, strike "SYSTEM." and substitute "SYSTEM; AND
39 (c) APPROVE THE SUBMISSION OF THE QUESTION BY AN
40 AFFIRMATIVE VOTE OF TWO-THIRDS OF ALL VOTING DIRECTORS OF THE
41 BOARD.".

House Journal, May 28
9 SB21-238 be amended as follows, and as so amended, be referred to
10 the Committee of the Whole with favorable
11 recommendation:
12
13 Amend reengrossed bill, page 12, line 7, strike "NO LATER THAN JUNE
14 15," and substitute "ON JULY 1,".
15
16 Page 12, line 12, strike "DISTRICT." and substitute "DISTRICT AS REQUIRED
17 BY SECTION 43-4-1004 (1).".
18
19 Page 32, strike lines 14 through 16 and substitute "range passenger rail
20 district. (1) ON JULY 1, 2022, THE STATE".
21
22 Renumber succeeding subsection accordingly.
23
24 Page 32, line 21, strike "JUNE 15," and substitute "JULY 1,".
25
26 Page 32, strike lines 22 through 27.
27
28 Page 33, strike lines 1 and 2.
29
30 Renumber succeeding sections accordingly.
31
32

House Journal, June 2
1 Amendment No. 1, Appropriations Report, dated May 28, 2021, and
2 placed in member's bill file; Report also printed in House Journal,
3 May 28, 2021.
4
5 Amendment No. 2, Transportation & Local Government Report, dated
6 May 25, 2021, and placed in member's bill file; Report also printed in
7 House Journal, May 26, 2021.
8
9 As amended, ordered revised and placed on the Calendar for Third
10 Reading and Final Passage.
11

House Journal, June 3
42 Amend revised bill, page 33, after line 25 insert:
43
44 "SECTION 5. Amend section 58 (2) of Senate Bill 21-260 as
45 follows:
46 Section 58. Effective date. (2) Section 55 of this act and section
47 43-1-1103 (2)(a)(IV)(B) 43-4-1103 (2)(a)(IV)(B), Colorado Revised
48 Statutes, as enacted in section 51 of this act, take effect only if Senate Bill
49 21-238 becomes law, in which case section 55 of this act and section
50 43-1-1103 (2)(a)(IV)(B) 43-4-1103 (2)(a)(IV)(B) take effect either upon
51 the effective date of this act OR UPON THE EFFECTIVE DATE OF SECTIONS
52 1 AND 3 THROUGH 7 of Senate Bill 21-238, whichever is later.".
53
54 Renumber succeeding sections accordingly.
55
1 The amendment was declared passed by the following roll call vote:
2
3 YES 41 NO 24 EXCUSED 0 ABSENT
4 Amabile Y Exum Y Lynch N Sirota Y
5 Bacon Y Froelich Y McCluskie Y Snyder Y
6 Baisley N Geitner N McCormick Y Soper N
7 Benavidez Y Gonzales-Gutierrez Y McKean N Sullivan Y
8 Bernett Y Gray Y McLachlan Y Tipper Y
9 Bird Y Hanks N Michaelson Jenet Y Titone Y
10 Bockenfeld N Herod Y Mullica Y Valdez A. Y
11 Boesenecker Y Holtorf N Neville N Valdez D. Y
12 Bradfield N Hooton Y Ortiz Y Van Beber N
13 Caraveo Y Jackson Y Pelton N Van Winkle N
14 Carver N Jodeh Y Pico N Weissman Y
15 Catlin N Kennedy Y Ransom N Will N
16 Cutter Y Kipp Y Rich N Williams N
17 Daugherty Y Larson N Ricks Y Woodrow Y
18 Duran Y Lontine Y Roberts Y Woog N
19 Esgar Y Luck N Sandridge N Young Y
20 Speaker Y
21
22 The question being, "Shall the bill, as amended, pass?".
23 A roll call vote was taken. As shown by the following recorded vote, a
24 majority of those elected to the House voted in the affirmative, and the
25 bill, as amended, was declared passed.
26
27 YES 40 NO 24 EXCUSED 1 ABSENT
28 Amabile Y Exum Y Lynch N Sirota Y
29 Bacon Y Froelich Y McCluskie Y Snyder Y
30 Baisley N Geitner N McCormick Y Soper N
31 Benavidez Y Gonzales-Gutierrez Y McKean N Sullivan Y
32 Bernett Y Gray Y McLachlan Y Tipper Y
33 Bird Y Hanks N Michaelson Jenet Y Titone Y
34 Bockenfeld N Herod Y Mullica Y Valdez A. Y
35 Boesenecker Y Holtorf N Neville N Valdez D. Y
36 Bradfield N Hooton E Ortiz Y Van Beber N
37 Caraveo Y Jackson Y Pelton N Van Winkle N
38 Carver N Jodeh Y Pico N Weissman Y
39 Catlin N Kennedy Y Ransom N Will N
40 Cutter Y Kipp Y Rich N Williams N
41 Daugherty Y Larson N Ricks Y Woodrow Y
42 Duran Y Lontine Y Roberts Y Woog N
43 Esgar Y Luck N Sandridge N Young Y
44 Speaker Y
45 Co-sponsor(s) added: Representative(s) Bernett, Bird, Caraveo, Cutter,
46 Gonzales-Gutierrez, Kipp, Lontine, McCormick, Michaelson Jenet, Ricks,
47 Snyder, Titone, Valdez D., Speaker
48



SB21-240 Watershed Restoration Grant Program Stimulus 
Comment:
Calendar Notification: Tuesday, June 8 2021
THIRD READING OF BILLS - FINAL PASSAGE
(4) in house calendar.
Short Title: Watershed Restoration Grant Program Stimulus
Sponsors: J. Danielson (D) | C. Simpson / C. Kipp (D) | M. Catlin (R)
Summary:

The bill transfers $15 $20 million from the general fund to the Colorado water conservation board construction fund 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:

  • Spend up to $500,000 by December 31, 2022, to conduct the analysis; and
  • Award at least $10 million dollars in grants under the grant program by July 1, 2022, and award the remaining money, less the money the CWCB uses to administer the grant program and provide technical engineering services, in grants by December 31, 2022.

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


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

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
Amendments:

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



SB21-241 Small Business Accelerated Growth Program 
Comment:
Calendar Notification: NOT ON CALENDAR
Short Title: Small Business Accelerated Growth Program
Sponsors: R. Fields (D) | J. Bridges (D) / N. Ricks | L. Daugherty
Summary:

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

Status: 4/12/2021 Introduced In Senate - Assigned to Business, Labor, & Technology
5/5/2021 Senate Committee on Business, Labor, & Technology Refer Amended to Appropriations
5/14/2021 Senate Committee on Appropriations Refer Unamended 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 Business Affairs & Labor
5/27/2021 House Committee on Business Affairs & Labor Refer Unamended to Appropriations
5/28/2021 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
6/3/2021 House Third Reading Passed - No Amendments
6/10/2021 Signed by the President of the Senate
6/10/2021 Sent to the Governor
6/10/2021 Signed by the Speaker of the House
6/14/2021 Signed by Governor
6/14/2021 Governor Signed
Amendments:

Senate Journal, May 6
After consideration on the merits, the Committee recommends that SB21-241 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 3, line 25, strike the second "TIER ONE".

Page 3, strike lines 26 and 27.

Page 4, strike lines 1 and 2 and substitute "COAL TRANSITION COMMUNITY THAT
THE DIRECTOR OF THE OFFICE OF JUST TRANSITION, WITH THE CONCURRENCE OF
THE EXECUTIVE DIRECTORS OF THE DEPARTMENT OF LABOR AND EMPLOYMENT
AND THE DEPARTMENT OF LOCAL AFFAIRS, DETERMINES HAS ALREADY
EXPERIENCED OR IS AT RISK OF EXPERIENCING SIGNIFICANT ECONOMIC
DISRUPTION, THE PROXIMATE CAUSE OF WHICH IS EITHER THE CLOSURE OR
CONVERSION OF A COAL-FUELED ELECTRICAL POWER GENERATING PLANT IN
COLORADO OR IN A CONTIGUOUS STATE OR A SUSTAINED AND LIKELY
PERMANENT DECLINE IN BROADER COAL MARKETS DUE TO SIMILAR CLOSURES
OR CONVERSIONS NATIONALLY AND GLOBALLY.".

Page 5, line 1, strike "HOUSE BILL 21-____, ENACTED IN 2021," and substitute
"SECTION 24-48.5-127 (9)(a)".

Page 5, line 3, strike "IN THE FUND" and substitute "TRANSFERRED TO THE FUND
IN ACCORDANCE WITH SECTION 24-48.5-127 (9)(e)".

Business,
Labor, &
Technology



SB21-242 Housing Development Grants Hotels Tenancy Support Program 
Comment:
Calendar Notification: NOT ON CALENDAR
Short Title: Housing Development Grants Hotels Tenancy Support Program
Sponsors: J. Gonzales (D) | B. Pettersen (D) / S. Gonzales-Gutierrez (D) | S. Woodrow (D)
Summary:

The bill allows the division of housing within the department of local affairs to use the housing development grant fund for rental assistance, tenancy support service programs, and awarding grants and loans for the purchase rental, acquisition, or renovation of underutilized hotels, underutilized motels, and other underutilized properties to provide noncongregate sheltering or affordable housing for people experiencing homelessness . The bill expands those who are eligible to benefit from the rental assistance and tenancy support programs to include individuals experiencing homelessness.

The bill also transfers $15 million from the general fund to the housing development grant fund for the funding of rental assistance and tenancy support programs for individuals experiencing homelessness related to the rental, acquisition, or renovation of underutilized hotels, underutilized motels, and other underutilized properties, and the awarding of grants and loans for the purchase rental, acquisition, or renovation of underutilized hotels, underutilized motels, and other underutilized properties.

Finally, the bill requires the department of local affairs, during its annual report to the assigned committee of reference, to report on the rental and tenancy support service programs provided by the division of housing for individuals experiencing homelessness related to the rental, acquisition, or renovation of underutilized hotels, underutilized motels, and other underutilized properties and the grants and loans awarded by the division in relation to for the rental, acquisition, or renovation of underutilized hotels, underutilized motels, and other underutilized properties.

(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: 4/12/2021 Introduced In Senate - Assigned to Local Government
5/11/2021 Senate Committee on Local Government Refer Amended to Appropriations
5/19/2021 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
5/20/2021 Senate Second Reading Special Order - Passed with Amendments - Committee, Floor
5/21/2021 Senate Third Reading Passed - No Amendments
5/24/2021 Introduced In House - Assigned to Transportation & Local Government
5/26/2021 House Committee on Transportation & Local Government Refer Amended to Appropriations
6/3/2021 House Committee on Appropriations Refer Amended to House Committee of the Whole
6/3/2021 House Second Reading Special Order - Passed with Amendments - Committee
6/4/2021 House Third Reading Laid Over Daily - No Amendments
6/7/2021 House Third Reading Passed - No Amendments
6/7/2021 Senate Considered House Amendments - Result was to Pass
6/7/2021 Senate Considered House Amendments - Result was to Reconsider
6/7/2021 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
6/25/2021 Governor Signed
Amendments:

Senate Journal, May 12
After consideration on the merits, the Committee recommends that SB21-242 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 3, line 6, after the period add "LOCAL GOVERNMENTS
AND NONPROFIT ORGANIZATIONS THAT ARE AWARDED GRANTS OR LOANS
UNDER THIS SUBSECTION (2)(d)(VII) ARE ENCOURAGED TO RENT, ACQUIRE, OR
RENOVATE UNDERUTILIZED HOTELS, UNDERUTILIZED MOTELS, AND OTHER
UNDERUTILIZED PROPERTIES THAT ARE MINORITY-OWNED OR WOMEN-OWNED
BUSINESSES, THAT HAVE ANNUAL REVENUES UNDER FIVE MILLION DOLLARS, OR
THAT QUALIFY AS DISADVANTAGED BUSINESS ENTERPRISES AS DEFINED IN PART
23 OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS, AS AMENDED.".


State,
Veterans, &
Military
Affairs

Senate Journal, May 19
After consideration on the merits, the Committee recommends that SB21-242 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 4, strike lines 2 through 9.

Renumber succeeding section accordingly.


Appro-
priations


Senate Journal, May 20
SB21-242 by Senator(s) Gonzales and Pettersen; also Representative(s) Gonzales-Gutierrez and
Woodrow--Concerning the expansion of the allowable uses of the housing development
grant fund, and, in connection therewith, making an appropriation.

Amendment No. 1, Local Government Committee Amendment.
(Printed in Senate Journal, May 12, page(s) 880 and placed in members' bill files.)

Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, May 19, page(s) 993 and placed in members' bill files.)

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

Amend the Local Government Committee Report, dated May 11, 2021, page 1,
line 8, strike "PART 23" and substitute "PART 26".

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


House Journal, May 26
43 SB21-242 be amended as follows, and as so amended, be referred to
44 the Committee on Appropriations with favorable
45 recommendation:
46
47 Amend reengrossed bill, page 3, lines 8 and 9, strike "ARE ENCOURAGED
48 TO RENT, ACQUIRE, OR RENOVATE" and substitute "SHALL PRIORITIZE THE
49 RENTAL, ACQUISITION, OR RENOVATION OF".
50
51 Page 3, line 12, strike "OR".
52
53 Page 3, line 14, strike "AMENDED." and substitute "AMENDED, OR THAT
54 COMPLY WITH THE FEDERAL "AMERICANS WITH DISABILITIES ACT OF
55 1990", 42 U.S.C. SEC. 12101 ET SEQ., AS AMENDED.".

House Journal, June 3
39 SB21-242 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 2, after line 1 insert:
44 "SECTION 1. Legislative declaration. (1) The general
45 assembly hereby finds and declares that:
46 (a) On March 11, 2021, the federal government enacted the
47 "American Rescue Plan Act of 2021", Pub.L. 117-2, pursuant to which
48 Colorado will receive $3,828,761,790 from the federal coronavirus state
49 fiscal recovery fund to be used for certain specified purposes;
50 (b) These specified purposes include providing programs,
51 services, or other assistance for populations disproportionately impacted
52 by the COVID-19 public health emergency such as the homeless
53 population;
54
1 (c) More specifically, these specified purposes include programs,
2 services, or other assistance that improve access to stable affordable
3 housing among individuals who are experiencing homelessness, develop
4 or increase the supply of affordable housing, address housing insecurity,
5 or address a lack of affordable housing;
6 (d) Rental assistance and tenancy support service programs that
7 target individuals experiencing homelessness address housing insecurity
8 and are programs, services, or other assistance of the kind for which
9 Colorado will receive funds from the federal coronavirus state fiscal
10 recovery fund; and
11 (e) Likewise, the issuance of grants and loans to local
12 governments and nonprofit organizations for the rental, acquisition, or
13 renovation of underutilized hotels, underutilized motels, and other
14 underutilized properties to provide noncongregate sheltering or affordable
15 housing for people experiencing homelessness improve access to stable
16 affordable housing among individuals who are experiencing
17 homelessness, develop and increase the supply of affordable housing,
18 address housing insecurity, address a lack of affordable housing, and are
19 programs, services, or other assistance of the kind for which Colorado
20 will receive funds from the federal coronavirus state fiscal recovery fund.
21 (2) Therefore, the general assembly determines that the rental
22 assistance and tenancy support services programs for individuals
23 experiencing homelessness and the grants and loans to local governments
24 and nonprofit organizations funded by the transfer in this act to the
25 homeless development grant fund are appropriate uses of the funds
26 transferred to Colorado under the "American Rescue Plan Act of 2021".".
27
28 Renumber succeeding sections accordingly.
29
30 Page 2, lines 3 and 4, strike "and (2)(g)" and substitute "(2)(g), and
31 (2)(h)".
32
33 Page 3, line 16, strike "FIFTEEN" and substitute "THIRTY".
34
35 Page 3, line 17, strike "GENERAL FUND" and substitute "AFFORDABLE
36 HOUSING AND HOME OWNERSHIP CASH FUND CREATED IN SECTION
37 24-75-229".
38
39 Page 3, line 18, strike "FUND." and substitute "FUND AND TRANSFER
40 FIFTEEN MILLION DOLLARS FROM THE GENERAL FUND TO THE AFFORDABLE
41 HOUSING AND HOME OWNERSHIP CASH FUND CREATED IN SECTION
42 24-75-229.".
43
44 Page 3, line 20, strike "GENERAL FUND" and substitute "AFFORDABLE
45 HOUSING AND HOME OWNERSHIP CASH FUND CREATED IN SECTION
46 24-75-229".
47
48 Page 4, after line 9 insert:
49 "(h) (I) WITHIN THREE BUSINESS DAYS OF THE EFFECTIVE DATE OF
50 THIS SUBSECTION (2)(h), THE STATE TREASURER SHALL TRANSFER FIFTEEN
51 MILLION DOLLARS FROM THE GENERAL FUND TO THE HOUSING
52 DEVELOPMENT GRANT FUND. MONEY TRANSFERRED PURSUANT TO THIS
53 SUBSECTION (2)(h)(I) SHALL BE MAINTAINED IN A SEPARATE ACCOUNT.
54 THE DIVISION MAY USE UP TO THREE PERCENT OF THE MONEY
55 TRANSFERRED PURSUANT TO THIS SUBSECTION (2)(h)(I) FOR THE COSTS OF
56 ADMINISTERING THIS SUBSECTION (2)(h).
1 (II) THE DIVISION SHALL USE THE MONEY TRANSFERRED FROM THE
2 GENERAL FUND PURSUANT TO SUBSECTION (2)(h)(I) OF THIS SECTION FOR
3 THE PURPOSE OF AWARDING GRANTS TO NONPROFIT ORGANIZATIONS FOR
4 THE ISSUANCE OF DIRECT ASSISTANCE TO INDIVIDUALS WHO ARE
5 CURRENTLY EXPERIENCING FINANCIAL NEED AND ARE NOT ELIGIBLE FOR
6 CERTAIN OTHER TYPES OF ASSISTANCE, SUCH AS:
7 (A) UNEMPLOYMENT INSURANCE PURSUANT TO THE "COLORADO
8 EMPLOYMENT SECURITY ACT", ARTICLES 70 TO 82 OF TITLE 8;
9 (B) THE FEDERAL SUPPLEMENTAL NUTRITION ASSISTANCE
10 PROGRAM; OR
11 (C) FEDERAL STIMULUS PAYMENTS PURSUANT TO THE FEDERAL
12 "CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT," ALSO
13 KNOWN AS THE "CARES ACT", PUB.L. 116-36, AS AMENDED.
14 (III) THE DIVISION MAY DEVELOP SUCH POLICIES AND PROCEDURES
15 AS ARE NECESSARY FOR THE AWARDING OF GRANTS PURSUANT TO THIS
16 SUBSECTION (2)(h).
17 (IV) THE STATE TREASURER SHALL TRANSFER ALL UNEXPENDED
18 AND UNENCUMBERED MONEY IN THE FUND, THAT WAS TRANSFERRED
19 PURSUANT TO THIS SUBSECTION (2)(h), ON JUNE 30, 2022, TO THE
20 GENERAL FUND.
21 (V) THIS SECTION IS REPEALED EFFECTIVE DECEMBER 31, 2023.".
22
23 Page 4, before line 11 insert:
24
25 "SECTION 2. Effective date. This act takes effect upon passage
26 only if House Bill 21-1329 becomes law, in which case this act takes
27 effect on the effective date of this act or House Bill 21-1329, whichever
28 is later.".
29
30 Renumber succeeding section accordingly.
31
32

House Journal, June 3
26 Amendment No. 1, Appropriations Report, dated June 3, 2021, and
27 placed in member's bill file; Report also printed in House Journal, June 3,
28 2021.
29
30 Amendment No. 2, Transportation & Local Government Report, dated
31 May 26, 2021, and placed in member's bill file; Report also printed in
32 House Journal, May 26, 2021.
33
34 As amended, ordered revised and placed on the Calendar for Third
35 Reading and Final Passage.
36

House Journal, June 7
15 Amend revised bill, page 5, line 2, strike "24-75-229" and substitute
16 "24-75-229, THAT ORIGINATES FROM MONEY THE STATE RECEIVED FROM
17 THE FEDERAL CORONAVIRUS STATE FISCAL RECOVERY FUND,".
18
19 Page 5, line 8, strike "24-75-229" and substitute "24-75-229, THAT
20 ORIGINATES FROM MONEY THE STATE RECEIVED FROM THE FEDERAL
21 CORONAVIRUS STATE FISCAL RECOVERY FUND,".
22
23 Page 6, line 26, strike "SECTION" and substitute "SUBSECTION (2)(h)".
24
25 Page 7, strike lines 1 through 4 and substitute:
26
27 "SECTION 3. Effective date. This act takes effect only if House
28 Bill 21-1329 becomes law, and, in which case, this act takes effect either
29 upon the effective date of this act or one day after the passage of House
30 Bill 21-1329, whichever is later.".
31
32 The amendment was declared passed by the following roll call vote:
33
34 YES 41 NO 23 EXCUSED 1 ABSENT
35 Amabile Y Exum Y Lynch N Sirota Y
36 Bacon Y Froelich Y McCluskie Y Snyder Y
37 Baisley N Geitner N McCormick Y Soper N
38 Benavidez Y Gonzales-Gutierrez Y McKean N Sullivan Y
39 Bernett Y Gray Y McLachlan Y Tipper Y
40 Bird Y Hanks N Michaelson Jenet Y Titone Y
41 Bockenfeld N Herod Y Mullica Y Valdez A. Y
42 Boesenecker Y Holtorf N Neville N Valdez D. Y
43 Bradfield N Hooton Y Ortiz Y Van Beber N
44 Caraveo Y Jackson Y Pelton N Van Winkle N
45 Carver N Jodeh Y Pico N Weissman Y
46 Catlin N Kennedy Y Ransom N Will N
47 Cutter Y Kipp Y Rich N Williams N
48 Daugherty Y Larson N Ricks Y Woodrow Y
49 Duran Y Lontine Y Roberts Y Woog N
50 Esgar Y Luck E Sandridge N Young Y
51 Speaker Y
52
53 The question being, "Shall the bill, as amended, pass?".
54
1 A roll call vote was taken. As shown by the following recorded vote, a
2 majority of those elected to the House voted in the affirmative, and the
3 bill, as amended, was declared passed.
4
5 YES 42 NO 22 EXCUSED 1 ABSENT
6 Amabile Y Exum Y Lynch N Sirota Y
7 Bacon Y Froelich Y McCluskie Y Snyder Y
8 Baisley N Geitner N McCormick Y Soper N
9 Benavidez Y Gonzales-Gutierrez Y McKean N Sullivan Y
10 Bernett Y Gray Y McLachlan Y Tipper Y
11 Bird Y Hanks N Michaelson Jenet Y Titone Y
12 Bockenfeld N Herod Y Mullica Y Valdez A. Y
13 Boesenecker Y Holtorf Y Neville N Valdez D. Y
14 Bradfield N Hooton Y Ortiz Y Van Beber N
15 Caraveo Y Jackson Y Pelton N Van Winkle N
16 Carver N Jodeh Y Pico N Weissman Y
17 Catlin N Kennedy Y Ransom N Will N
18 Cutter Y Kipp Y Rich N Williams N
19 Daugherty Y Larson N Ricks Y Woodrow Y
20 Duran Y Lontine Y Roberts Y Woog N
21 Esgar Y Luck E Sandridge N Young Y
22 Speaker Y
23 Co-sponsor(s) added: Representative(s) Benavidez, Bernett, Bird, Boesenecker,
24 Caraveo, Daugherty, Duran, Esgar, Exum, Froelich, Herod, Hooton, Jackson,
25 Jodeh, Kipp, Lontine, McCluskie, Michaelson Jenet, Mullica, Ortiz, Sirota,
26 Sullivan, Titone, Valdez D., Weissman, Speaker
27