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Longmont Area Chamber of Commerce 2021 Legislative Positions

HB21-1109 Broadband Board Changes To Expand Broadband Service 
Comment:
Position: Monitor
Calendar Notification: NOT ON CALENDAR
Sponsors: B. Titone (D) | M. Soper (R) / J. Bridges (D) | D. Coram (R)
Summary:



The act moves the broadband deployment board (board) from the department of regulatory agencies (department) to the office of information technology (office) and, on September 1, 2021, reduces the membership of the board from 16 to 11 members.

The board is required to develop a request for proposal process through which the board will solicit bids for proposed projects that serve critically unserved areas of the state identified by the office. The board is required to reserve up to 60% of the money from the high cost support mechanism that is allocated for broadband deployment to award grants to proposed projects solicited through the request for proposal process. "Critically unserved" is defined in the act to mean a household or area that lacks access to at least one provider of nonsatellite broadband service delivered at measurable speeds of at least 10 megabits per second downstream and one megabit per second upstream or at measurable speeds of at least one-half of the minimum measurable speeds that qualify as broadband under the federal communications commission's definition, rounded up, whichever is faster.

The act also:

  • Requires an applicant or appellant to submit either written certification from a local entity indicating that the area to be served by the applicant's project is an unserved area or a statistically representative number of speed tests performed on an incumbent provider's network and conducted in accordance with industry-standard speed-test protocols;
  • Gives additional consideration to proposed projects that would give discounted service for low-income households;
  • Contractually requires an applicant receiving a grant award to:
  • Report annually on the number of homes and businesses served by the grant-supported broadband network, the number of homes and businesses expected to be served in the following year, and the speeds, rates, and services offered to customers through the grant-supported broadband network; and
  • Provide third-party performance-testing certification, after the grant money has been fully expended, that the project meets the original design of, and provides the measurable speeds, rates, and services set forth in, the application.
  • Requires an applicant or appellant to submit to the office, in a form and manner determined by the office, certain granular mapping data, which data is not a public record under the "Colorado Open Records Act"; and
  • Uses the request for proposal process, or a substantially similar process, for the disbursement of any federal money the board receives for broadband deployment projects and programs so long as using the request for proposal process complies with federal requirements for use of the money.


For the 2021-22 state fiscal year, the act transfers $202,504 of the appropriation made in the annual general appropriation act from the department of regulator agencies to the office of the governor for use by the office of information technology to implement the act.

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

Status: 2/16/2021 Introduced In House - Assigned to Transportation & Local Government + Finance
2/24/2021 House Committee on Transportation & Local Government Refer Amended to Finance
3/11/2021 House Committee on Finance 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 - Committee, Floor
3/22/2021 House Third Reading Passed - No Amendments
3/25/2021 Introduced In Senate - Assigned to Business, Labor, & Technology
4/28/2021 Senate Committee on Business, Labor, & Technology Witness Testimony and/or Committee Discussion Only
5/10/2021 Senate Committee on Business, Labor, & Technology 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
5/21/2021 Senate Third Reading Passed - No Amendments
5/22/2021 House Considered Senate Amendments - Result was to Laid Over Daily
5/24/2021 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
7/7/2021 Signed by Governor
7/7/2021 Governor Signed
Amendments:

House Journal, February 25
36 HB21-1109 be amended as follows, and as so amended, be referred to
37 the Committee on Finance with favorable
38 recommendation:
39
40 Amend printed bill, page 3, line 10, after "40-15-102," insert "amend
41 (17.5); and".
42
43 Page 3, strike lines 15 through 17 and substitute "HOUSEHOLD OR AREA,
44 MEANS A HOUSEHOLD OR AREA THAT LACKS ACCESS TO AT LEAST ONE
45 NONSATELLITE PROVIDER OF".
46
47 Page 3, line 18, after "OF" insert "EITHER".
48
49 Page 3, strike line 20 and substitute "UPSTREAM OR AT MEASURABLE
50 SPEEDS AT LEAST EQUAL TO ONE-HALF OF THE MINIMUM MEASURABLE
51 SPEEDS THAT QUALIFY AS BROADBAND UNDER THE FCC DEFINITION AND
52 ROUNDED UP TO THE NEAREST WHOLE NUMBER, WHICHEVER IS FASTER.".
53
54 Page 3, after line 20 insert:
55
56 (17.5) (a) "Local entity" means elected members of a county or
1 municipal government OR THE ELECTED MEMBERS OF A METROPOLITAN
2 DISTRICT THAT LIES WHOLLY WITHIN THE UNINCORPORATED PART OF A
3 COUNTY.
4 (b) For purposes of this subsection (17.5):
5 (I) "METROPOLITAN DISTRICT" HAS THE MEANING SET FORTH IN
6 SECTION 32-1-103 (10); AND
7 (II) "Municipal government" means a home rule or statutory city,
8 town, or city and county or a territorial charter city.".
9 Page 4, line 1, after "(5)(b)," insert "(8)(a)(II)(B),".
10
11 Page 4, line 3, after "(8)(a)(VI)," insert "(8)(a)(VII),".
12
13 Page 4, line 21, strike "THE GOVERNOR" and substitute "AN APPOINTING
14 AUTHORITY".
15
16 "Page 6, line 7, after "RURAL" insert "WIRELINE".".
17
18 Page 6, line 8, strike "GOVERNOR;" and substitute "MINORITY LEADER OF
19 THE SENATE;".
20
21 Page 6, lines 11 and 12, strike "MINORITY LEADER OF THE SENATE;" and
22 substitute "GOVERNOR;".
23
24 Page 7, line 4, strike "FIVE" and substitute "SIX".
25
26 Page 7, strike lines 11 through 13 and substitute:
27
28 "(a) (II) To prove that the area to be served is an unserved area,
29 the applicant:
30 (B) May submit to the board EITHER the written certification of a
31 local entity as described in subsection (8)(a)(III) of this section OR A
32 SPEED TEST PERFORMED IN ACCORDANCE WITH SUBSECTION (8)(a)(VII) OF
33 THIS SECTION.
34 (V) (A) THE BOARD SHALL DEVELOP A REQUEST FOR PROPOSAL
35 PROCESS UNDER WHICH, FOR EACH CALENDAR YEAR, THE BOARD RESERVES
36 UP TO SIXTY PERCENT OF THE HCSM MONEY ALLOCATED FOR".
37
38 Page 7, after line 18 insert:
39
40 "(B) ALL APPLICATION AND APPEAL PROCESSES AND CRITERIA SET
41 FORTH IN THIS SUBSECTION (8) APPLY TO THE REQUEST FOR PROPOSAL
42 PROCESS; EXCEPT THAT THE REQUIREMENT TO PROVE THAT AN AREA TO BE
43 SERVED BY A PROPOSED PROJECT IS AN UNSERVED AREA AS SET FORTH IN
44 SUBSECTION (8)(a)(I) OF THIS SECTION DOES NOT APPLY AND SUBSECTIONS
45 (8)(a)(II), (8)(a)(III), (8)(b), AND (8)(c.5) OF THIS SECTION DO NOT APPLY.
46 SUBSECTION (8)(d)(II) OF THIS SECTION ONLY APPLIES TO THE REQUEST
47 FOR PROPOSAL PROCESS IN THE LIMITED MANNER INDICATED IN THAT
48 SUBSECTION.
49 (C) THE BOARD, IN IMPLEMENTING THE REQUEST FOR PROPOSAL
50 PROCESS, NEED NOT COMPLY WITH THE "PROCUREMENT CODE", ARTICLES
51 101 TO 112 OF TITLE 24.
52 (D) THIS SUBSECTION (8)(a)(V) IS REPEALED, EFFECTIVE JANUARY
53 1, 2025.".
54
55 Page 7, line 19, strike "(B)" and substitute "(VI) (A)".
56
1 Page 7, strike line 22 and substitute "IN THE STATE. THE BOARD SHALL
2 UTILIZE THE MAPS SUBMITTED WHEN REVIEWING ANY APPLICATION OR
3 APPEAL PURSUANT TO THIS SECTION.
4 (B) WITH REGARD TO THE REQUEST FOR PROPOSAL PROCESS SET
5 FORTH IN SUBSECTION (8)(a)(V) OF THIS SECTION, BASED ON THE".
6
7 Page 8, strike lines 2 through 6.
8
9 Page 8, strike lines 7 through 10 and substitute:
10
11 "(VII) IF AN APPLICANT FILING AN APPLICATION OR AN APPELLANT
12 FILING AN APPEAL PURSUANT TO SUBSECTION (8)(j)(III) OF THIS SECTION
13 SUBMITS, AS PART OF THE APPLICATION OR APPEAL, A SPEED TEST
14 PERFORMED ON AN INCUMBENT PROVIDER'S NETWORK, THE SPEED TEST
15 SHALL BE PERFORMED IN".
16
17 Page 9, line 26, after "THIRD-PARTY" insert "PERFORMANCE-TESTING".
18
19 Page 10, line 20, after "POLYGON" insert "OR LOCATION COORDINATES".
20
21 Page 10, strike lines 26 and 27 and substitute:
22
23 "(10.5) (a) The board may apply for OR OTHERWISE RECEIVE
24 federal funding of broadband deployment projects and programs. IF THE
25 BOARD RECEIVES ANY FEDERAL FUNDING, THE BOARD SHALL UTILIZE THE
26 REQUEST FOR PROPOSAL PROCESS ESTABLISHED UNDER SUBSECTION
27 (8)(a)(V) OF THIS SECTION TO DISTRIBUTE THE FEDERAL FUNDS AS SOON
28 AS PRACTICABLE, SO LONG AS SUCH PROCESS COMPLIES WITH FEDERAL
29 REQUIREMENTS FOR USE OF THE FUNDS.
30 (b) The HCSM third-party contractor".

House Journal, March 19
37 Amendment No. 1, Transportation & Local Government Report, dated
38 February 24, 2021, and placed in member's bill file; Report also printed
39 in House Journal, February 24, 2021.
40
41 Amendment No. 2, by Representative Titone.
42
43 Amend the Transportation and Local Government Committee Report,
44 dated February 24, 2021, page 2, after line 4 insert:
45
46 "Page 5 of the printed bill, strike lines 21 and 22, and substitute:
47
48 "(C) ONE OF WHOM REPRESENTS A RURAL CITY OR TOWN AS A
49 MAYOR OR CITY COUNCILPERSON, AS APPOINTED BY THE GOVERNOR. AS
50 USED IN THIS SUBSECTION (5)(c.5)(II)(C), "RURAL" HAS THE MEANING SET
51 FORTH IN SECTION 24-32-3603 (3)(a).".".
52
53 Page 2 of the committee report, line 16, strike "SPEED TEST" and
54 substitute "STATISTICALLY REPRESENTATIVE NUMBER OF SPEED TESTS".
55
56
1 Page 2 of the committee report, strike line 22 and substitute:
2
3 ""(B) AT THE END OF EACH CALENDAR YEAR, ANY OF THE
4 RESERVED MONEY NOT AWARDED THROUGH THE REQUEST FOR PROPOSAL
5 PROCESS REMAINS AVAILABLE FOR DISTRIBUTION THROUGH THE EXISTING
6 GRANT APPLICATION PROCESS.
7 (C) ALL APPLICATION AND APPEAL PROCESSES AND CRITERIA SET".
8
9 Page 2 of the committee report, line 31, strike "(C)" and substitute "(D)".
10
11 Page 3 of the committee report, line 3, strike "(D)" and substitute "(E)".
12
13 Page 3 of the committee report, after line 18, insert:
14
15 "Page 10 of the bill, line 11, after "TECHNOLOGY." insert "IF THE FCC
16 ADOPTS SUCH REGULATIONS, THE OFFICE SHALL NOT IMPOSE ANY
17 GRANULAR COVERAGE DATA SUBMISSION REQUIREMENTS THAT ARE MORE
18 ONEROUS THAN THE REQUIREMENTS SET FORTH IN THE FCC'S
19 REGULATIONS.".".
20
21 As amended, ordered engrossed and placed on the Calendar for Third
22 Reading and Final Passage.
23

Senate Journal, May 11
After consideration on the merits, the Committee recommends that HB21-1109 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.
Amend reengrossed bill, strike everything below the enacting clause and
substitute:

"SECTION 1. In Colorado Revised Statutes, 24-34-104, amend
(25)(a)(VI) as follows:
24-34-104. General assembly review of regulatory agencies and
functions for repeal, continuation, or reestablishment - legislative
declaration - repeal. (25) (a) The following agencies, functions, or both, are
scheduled for repeal on September 1, 2024:
(VI) The functions of the broadband deployment board created in
section 40-15-509.5 24-37.5-118;
SECTION 2. In Colorado Revised Statutes, add with amended and
relocated provisions 24-37.5-118 as follows:
24-37.5-118. [Formerly 40-15-509.5] Broadband service - report -
broadband deployment board - broadband administrative fund - creation
- rules - legislative declaration - definitions - repeal. (1) Short title. This
section shall be known and may be cited as THE SHORT TITLE OF THIS SECTION
IS the "Connect Colorado to Enhance Economic Development, Telehealth,
Education, and Safety Act".
(2) The general assembly hereby finds, determines, and declares that to
promote the state policy of providing universal access to broadband service, as
set forth in section 40-15-502 (4), it may be necessary to provide financial
assistance through additional support mechanisms if competition for local
exchange services fails to deliver broadband service throughout the state.
"Advanced service" includes "broadband service" for purposes of this section
only.
(3) The commission may allocate the Colorado high cost support
mechanism established under section 40-15-208 and referred to in this section
as the "HCSM", for the deployment of broadband service in unserved areas of
the state pursuant to this section and section 40-15-208 only. The commission
may fund the deployment of broadband service in unserved areas of the state
through use of the HCSM surcharge and surcharge rate in effect on January 1,
2018. Pursuant to subsection (4) of this section and consistent with sections
40-15-207 and 40-15-208, the commission shall determine funds available for
broadband deployment and the administration of the board as prescribed in
section 40-15-208 or from the HCSM money that it determines is no longer
required by the HCSM to support universal basic service, AS THAT TERM IS
DEFINED IN SECTION 40-15-102 (3), through an effective competition
determination. The AN HCSM THIRD-PARTY CONTRACTOR SHALL MAINTAIN
AND HOLD THE money available for broadband deployment shall be maintained
by the HCSM third-party contractor and held in a separate account from money
used for basic voice service. Money held for broadband deployment shall not
be disbursed for basic voice service, and money held for basic voice service
shall not be disbursed for broadband deployment. The commission shall only
disburse money for broadband deployment grants from the HCSM as directed
by the board. Nothing in this section increases any surcharge rate charged to
help fund the HCSM.
(4) (a) There is hereby created in the state treasury the broadband
administrative fund, referred to in this section as the "fund". The fund consists
of all money allocated from the HCSM for the administration of the board and
all money that the general assembly may appropriate to the fund. The money in
the fund is subject to annual appropriation by the general assembly for the
purposes set forth in this section. All interest earned from the investment of
money in the fund is credited to the fund. All money not expended at the end
of the ANY STATE fiscal year remains in the fund and does not revert to the
general fund or any other fund.
(b) Repealed.
(5) (a) There is hereby created in the department of regulatory agencies
OFFICE the broadband deployment board, referred to in this section as the
"board". The board is an independent board created to implement and
administer the deployment of broadband service in unserved areas. The
department of regulatory agencies OFFICE shall staff the board. The board has
the powers and duties specified in this section.
(b) (I) (A) The board consists of sixteen members, fifteen of whom are
voting members. The members of the board shall be selected on the basis of
their knowledge of and interest in broadband service and shall serve for
four-year terms. A member of the board shall not serve more than two
consecutive full four-year terms.
(B) THIS SUBSECTION (5)(b)(I) IS REPEALED, EFFECTIVE SEPTEMBER 1,
2021.
(II) (A) COMMENCING ON SEPTEMBER 1, 2021, THE BOARD CONSISTS OF
ELEVEN VOTING MEMBERS. THE MEMBERS OF THE BOARD SHALL BE SELECTED
ON THE BASIS OF THEIR KNOWLEDGE OF AND INTEREST IN BROADBAND SERVICE
AND SHALL SERVE FOR FOUR-YEAR TERMS. A MEMBER OF THE BOARD SHALL
NOT SERVE MORE THAN TWO CONSECUTIVE FULL FOUR-YEAR TERMS; EXCEPT
THAT THE LIMIT ON TERMS OF OFFICE DOES NOT APPLY TO THE BOARD MEMBER
REPRESENTING THE OFFICE.
(B) AN APPOINTING AUTHORITY MAY APPOINT A BOARD MEMBER
SEATED ON THE BOARD ON AUGUST 31, 2021, TO CONTINUE SERVING ON THE
BOARD ON AND AFTER SEPTEMBER 1, 2021, FOR THE REMAINDER OF THE BOARD
MEMBER'S EXISTING TERM AS OF AUGUST 31, 2021, IF THE BOARD MEMBER
MEETS THE BOARD MEMBERSHIP CRITERIA SET FORTH IN SUBSECTION (7)(d) OF
THIS SECTION AND THE BOARD MEMBER'S CONTINUED MEMBERSHIP ON THE
BOARD DOES NOT ENLARGE THE MEMBERSHIP OF THE BOARD AUTHORIZED
UNDER SUBSECTION (5)(b)(II)(A) OF THIS SECTION. IF OTHERWISE ELIGIBLE FOR
REAPPOINTMENT, THE BOARD MEMBER MAY BE APPOINTED FOR AN ADDITIONAL
TERM AFTER SEPTEMBER 1, 2021. THIS SUBSECTION (5)(b)(II)(B) IS REPEALED,
EFFECTIVE SEPTEMBER 1, 2024.
(c) (6) (a) No more than eight voting members of any one major
political party may serve on the board at the same time. Members of the board
are entitled to seventy-five dollars per diem for attendance at official meetings
plus actual and necessary expenses incurred in the conduct of official business.
Members of the board shall be appointed as follows:
(I) At least one member from the commission; one member from the
Colorado office of economic development and international trade in the office
of the governor; one member from the department of local affairs, created in
section 24-1-125; C.R.S.; and one member from the office, of information
technology, created in section 24-37.5-103, C.R.S., as appointed by the
governor. The governor shall select three of these four appointees to serve as
voting members of the board.
(II) Three voting members representing local entities:
(A) One of whom is a county commissioner, as appointed by the
president of the senate in consultation with Colorado Counties, Inc.;
(B) One of whom is a mayor or city councilperson, as appointed by the
speaker of the house of representatives in consultation with the Colorado
Municipal League; and
(C) One of whom is any other representative of a local entity and who
has a background in broadband service and expertise in rural economic
development, education, or telemedicine, as appointed by the minority leader
of the senate;
(III) Seven voting members representing the broadband industry:
(A) One of whom represents a wireless provider, as appointed by the
minority leader of the house of representatives;
(B) One of whom represents a wireline provider, as appointed by the
minority leader of the senate;
(C) One of whom represents a broadband satellite provider, as
appointed by the governor;
(D) One of whom represents a cable provider, as appointed by the
president of the senate;
(E) One of whom represents a rural local exchange carrier, as appointed
by the governor;
(F) One of whom represents a competitive local exchange carrier, as
appointed by the speaker of the house of representatives; and
(G) One of whom represents a cable provider serving rural areas, as
appointed by the president of the senate; and
(IV) Two voting members of the public:
(A) One of whom resides in an unserved area of the western slope of
the state, as appointed by the speaker of the house of representatives; and
(B) One of whom resides in an unserved area of the eastern slope of the
state, as appointed by the minority leader of the house of representatives.
(C) (Deleted by amendment, L. 2018.)
(b) THIS SUBSECTION (6) IS REPEALED, EFFECTIVE SEPTEMBER 1, 2021.
(d) (7) (a) The board shall meet as often as necessary to carry out its
duties as defined in this section.
(e) (b) The term of any member of the board who misses more than two
consecutive regular board meetings without good cause shall be terminated, and
his or her THE MEMBER'S successor shall be appointed in the manner provided
for appointments under this section.
(f) (c) (I) If a board member has a conflict of interest with respect to any
matter addressed by the board, including a financial interest in the matter, the
member shall recuse himself or herself from any discussion or decisions on the
matter.
(II) (A) A board member appointed pursuant to subsection (5)(c)(I),
(5)(c)(II), or (5)(c)(IV) (6)(a)(I), (6)(a)(II), OR (6)(a)(IV) of this section is not
deemed to have a conflict of interest merely by virtue of residing in or
representing an unserved area or an area that is the subject of an application
before the board.
(B) A board member appointed pursuant to subsection (5)(c)(III)
(6)(a)(III) of this section is deemed to have a conflict of interest with respect to
an application filed by an entity that the board member represents; however, if
such application is filed, the board member may still participate in discussions
about other applications before the board, but shall not vote on those other
applications.
(III) THIS SUBSECTION (7)(c) IS REPEALED, EFFECTIVE SEPTEMBER 1,
2021.
(d) COMMENCING ON SEPTEMBER 1, 2021, AT LEAST THREE MEMBERS
OF THE BOARD MUST BE AFFILIATED WITH ONE OF THE TWO MAJOR POLITICAL
PARTIES AND AT LEAST THREE MEMBERS MUST BE AFFILIATED WITH THE OTHER
MAJOR POLITICAL PARTY, WITH EACH MEMBER HAVING BEEN REGISTERED WITH
THEIR POLITICAL PARTY FOR AT LEAST ONE YEAR. AT LEAST THREE MEMBERS
OF THE BOARD MUST BE UNAFFILIATED WITH EITHER OF THE MAJOR POLITICAL
PARTIES, HAVING BEEN UNAFFILIATED FOR AT LEAST ONE YEAR. MEMBERS OF
THE BOARD ARE ENTITLED TO SEVENTY-FIVE DOLLARS PER DIEM FOR
ATTENDANCE AT OFFICIAL MEETINGS PLUS ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE CONDUCT OF OFFICIAL BUSINESS. MEMBERS OF THE BOARD
SHALL BE APPOINTED AS FOLLOWS:
(I) ONE VOTING MEMBER FROM THE OFFICE, APPOINTED BY THE
GOVERNOR;
(II) THREE VOTING MEMBERS REPRESENTING LOCAL ENTITIES:
(A) ONE OF WHOM IS A COUNTY COMMISSIONER FROM THE EASTERN
PLAINS OF THE STATE, APPOINTED BY THE PRESIDENT OF THE SENATE;
(B) ONE OF WHOM IS A COUNTY COMMISSIONER FROM THE WESTERN
SLOPE OF THE STATE, APPOINTED BY THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES; AND
(C) ONE OF WHOM REPRESENTS A RURAL CITY OR TOWN AS A MAYOR OR
CITY COUNCILPERSON, AS APPOINTED BY THE GOVERNOR. AS USED IN THIS
SUBSECTION (7)(d)(II)(C), "RURAL" HAS THE MEANING SET FORTH IN SECTION
24-32-3603 (3)(a).
(III) FIVE VOTING MEMBERS REPRESENTING THE BROADBAND INDUSTRY:
(A) ONE OF WHOM REPRESENTS A WIRELESS PROVIDER, APPOINTED BY
THE PRESIDENT OF THE SENATE;
(B) ONE OF WHOM REPRESENTS A WIRELINE PROVIDER, APPOINTED BY
THE SPEAKER OF THE HOUSE OF REPRESENTATIVES;
(C) ONE OF WHOM REPRESENTS A BROADBAND SATELLITE PROVIDER,
APPOINTED BY THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES;
(D) ONE OF WHOM REPRESENTS A CABLE PROVIDER, APPOINTED BY THE
MINORITY LEADER OF THE SENATE; AND
(E) ONE OF WHOM REPRESENTS A RURAL WIRELINE PROVIDER,
APPOINTED BY THE MINORITY LEADER OF THE SENATE; AND
(IV) TWO VOTING MEMBERS OF THE PUBLIC:
(A) ONE OF WHOM RESIDES IN AN UNSERVED AREA OF THE WESTERN
SLOPE OF THE STATE, APPOINTED BY THE GOVERNOR; AND
(B) ONE OF WHOM RESIDES IN AN UNSERVED AREA OF THE EASTERN
PLAINS OF THE STATE, APPOINTED BY THE MINORITY LEADER OF THE HOUSE OF
REPRESENTATIVES.
(e) COMMENCING ON SEPTEMBER 1, 2021:
(I) IF A BOARD MEMBER HAS A CONFLICT OF INTEREST WITH RESPECT TO
ANY MATTER ADDRESSED BY THE BOARD, INCLUDING A FINANCIAL INTEREST IN
THE MATTER, THE MEMBER SHALL RECUSE HIMSELF OR HERSELF FROM ANY
DISCUSSION OR DECISIONS ON THE MATTER;
(II) A BOARD MEMBER APPOINTED PURSUANT TO SUBSECTION (7)(d)(I),
(7)(d)(II), OR (7)(d)(IV) OF THIS SECTION IS NOT DEEMED TO HAVE A CONFLICT
OF INTEREST MERELY BY VIRTUE OF RESIDING IN OR REPRESENTING AN
UNSERVED AREA, A CRITICALLY UNSERVED AREA, OR AN AREA THAT IS THE
SUBJECT OF AN APPLICATION BEFORE THE BOARD; AND
(III) A BOARD MEMBER APPOINTED PURSUANT TO SUBSECTION
(7)(d)(III) OF THIS SECTION IS DEEMED TO HAVE A CONFLICT OF INTEREST WITH
RESPECT TO AN APPLICATION FILED BY AN ENTITY THAT THE BOARD MEMBER
REPRESENTS; HOWEVER, IF SUCH APPLICATION IS FILED, THE BOARD MEMBER
MAY STILL PARTICIPATE IN DISCUSSIONS ABOUT OTHER APPLICATIONS BEFORE
THE BOARD BUT SHALL NOT VOTE ON THOSE OTHER APPLICATIONS.
(g) (f) In the event of a tie vote of the board, the application, appeal,
proposition, or other matter being voted upon fails.
(g) COMMENCING ON SEPTEMBER 1, 2021, SIX MEMBERS OF THE BOARD
CONSTITUTE A QUORUM.
(6) Repealed.
(7) (8) The board shall provide notice to and requests for proposals
from incumbent providers, incumbent broadband providers, and local entities
about the board's purpose to deploy broadband service in unserved areas. The
board shall ensure that both the manner and amount of notice provided under
this subsection (7) (8) are adequate and equitable for all potentially eligible
applicants.
(8) (9) The board shall direct the commission to transfer money, in a
manner consistent with this section, from the HCSM account DEDICATED for
broadband deployment established in the HCSM PURSUANT TO SUBSECTION (3)
OF THIS SECTION to approved grant applicants. The board shall develop criteria
for awarding money for new projects to deploy broadband in unserved areas,
including:
(a) (I) Developing a project application process that places the burden
on an eligible applicant to demonstrate that its proposed project meets the
project eligibility criteria established in this subsection (8) (9), including a
requirement that the proposal concern a new project, and not a project already
in progress, and a requirement to prove that the area to be served by the
proposed project is an unserved area.
(II) To prove that the area to be served is an unserved area, the
applicant:
(A) Must submit a map and a list of household addresses demonstrating
the insufficient availability of broadband service in the area to the board; the
board of county commissioners, city council, or other local entity with authority
over the area to be served; and all incumbent providers or incumbent broadband
providers that provide broadband internet service or broadband service in the
area proposed to be served in the application; and
(B) May submit to the board EITHER the written certification of a local
entity as described in subsection (8)(a)(III) (9)(a)(III) of this section OR A
STATISTICALLY REPRESENTATIVE NUMBER OF SPEED TESTS PERFORMED IN
ACCORDANCE WITH SUBSECTION (9)(a)(VII) OF THIS SECTION.
(III) As additional evidence of the insufficient availability of broadband
service in the area that an applicant proposes to serve, the applicant may request
from a local entity with jurisdiction over the area proposed to be served a
written certification that the area is an unserved area. The local entity shall not
provide written certification until after the local entity has:
(A) Provided public notice, including notification to any incumbent
provider, if any, and held a hearing on the issue; and
(B) Collected, solicited, and reviewed any quantitative data that it
deems appropriate regarding the availability of broadband service in the area
that the applicant proposes to serve. A local entity must collect, solicit, and
review quantitative data in accordance with rules adopted by the executive
director of the department of regulatory agencies CHIEF INFORMATION OFFICER,
in consultation with the office of information technology created in section
24-37.5-103 and the board, regarding standards concerning quantitative data.
(IV) The board shall establish a notice and comment period of at least
sixty days within which any interested party, including a local entity with
jurisdiction over the area proposed to be served, whether or not the entity
provided a written certification as described in subsection (8)(a)(III) (9)(a)(III)
of this section, may review and comment on the application.
(V) (A) THE BOARD SHALL DEVELOP A REQUEST FOR PROPOSAL PROCESS
UNDER WHICH, FOR EACH CALENDAR YEAR, THE BOARD RESERVES UP TO SIXTY
PERCENT OF THE HCSM MONEY ALLOCATED FOR BROADBAND DEPLOYMENT TO
AWARD GRANTS TO PROPOSED PROJECTS THAT SERVE CRITICALLY UNSERVED
AREAS IDENTIFIED BY THE OFFICE, INCLUDING ANY CRITICALLY UNSERVED
AREAS WITHIN THE BOUNDARIES OF AN INDIAN RESERVATION LOCATED WITHIN
THE STATE.
(B) AT THE END OF EACH CALENDAR YEAR, ANY OF THE RESERVED
MONEY NOT AWARDED THROUGH THE REQUEST FOR PROPOSAL PROCESS
REMAINS AVAILABLE FOR DISTRIBUTION THROUGH THE EXISTING GRANT
APPLICATION PROCESS.
(C) ALL APPLICATION AND APPEAL PROCESSES AND CRITERIA SET FORTH
IN THIS SUBSECTION (9) APPLY TO THE REQUEST FOR PROPOSAL PROCESS;
EXCEPT THAT THE REQUIREMENT TO PROVE THAT AN AREA TO BE SERVED BY A
PROPOSED PROJECT IS AN UNSERVED AREA AS SET FORTH IN SUBSECTION
(9)(a)(I) OF THIS SECTION DOES NOT APPLY AND SUBSECTIONS (9)(a)(II),
(9)(a)(III), (9)(b), AND (9)(d) OF THIS SECTION DO NOT APPLY. SUBSECTION
(9)(e)(II) OF THIS SECTION ONLY APPLIES TO THE REQUEST FOR PROPOSAL
PROCESS IN THE LIMITED MANNER INDICATED IN THAT SUBSECTION.
(D) THE BOARD, IN IMPLEMENTING THE REQUEST FOR PROPOSAL
PROCESS, NEED NOT COMPLY WITH THE "PROCUREMENT CODE", ARTICLES 101
TO 112 OF THIS TITLE 24.
(E) THIS SUBSECTION (9)(a)(V) IS REPEALED, EFFECTIVE SEPTEMBER
1, 2024.
(VI) (A) ON OR BEFORE NOVEMBER 1, 2021, THE OFFICE SHALL
DEVELOP AND SUBMIT TO THE BOARD ONE OR MORE MAPS IDENTIFYING THE
CRITICALLY UNSERVED AREAS IN THE STATE. THE BOARD SHALL UTILIZE THE
MAPS SUBMITTED WHEN REVIEWING ANY APPLICATION OR APPEAL PURSUANT TO
THIS SECTION.
(B) WITH REGARD TO THE REQUEST FOR PROPOSAL PROCESS SET FORTH
IN SUBSECTION (9)(a)(V) OF THIS SECTION, BASED ON THE MAPS SUBMITTED, THE
BOARD SHALL CHOOSE CRITICALLY UNSERVED AREAS FOR WHICH THE BOARD
SHALL SOLICIT PROPOSED PROJECT BIDS TO SERVE THOSE AREAS. IN CHOOSING
THE CRITICALLY UNSERVED AREAS FOR WHICH THE BOARD WILL SOLICIT
PROPOSED PROJECT BIDS, THE BOARD SHALL STRIVE TO ENSURE GEOGRAPHIC
DIVERSITY AMONG THE AREAS CHOSEN. THIS SUBSECTION (9)(a)(VI)(B) IS
REPEALED, EFFECTIVE SEPTEMBER 1, 2024.
(VII) IF AN APPLICANT FILING AN APPLICATION OR AN APPELLANT FILING
AN APPEAL PURSUANT TO SUBSECTION (9)(k)(III) OF THIS SECTION SUBMITS, AS
PART OF THE APPLICATION OR APPEAL, A SPEED TEST PERFORMED ON AN
INCUMBENT PROVIDER'S NETWORK, THE SPEED TEST SHALL BE PERFORMED IN
ACCORDANCE WITH INDUSTRY-STANDARD SPEED-TEST PROTOCOLS AS
IDENTIFIED BY THE FCC.
(b) Developing a methodology for determining whether a proposed
project will serve unserved areas. The board's methodology must give
substantial weight to a local entity's written certification on the issue of whether
the area to be served is an unserved area.
(c) Denying funding for applications that overbuild areas receiving
federal sources of high cost support or federal broadband grants for construction
of a broadband network that will be completed within twenty-four months after
the date that the applicant filed the application so as to maximize the total
available state and federal support for rural broadband development. An
incumbent broadband provider receiving federal funds must submit to the board
an affidavit from a company officer that the build-out will be completed within
the twenty-four-month period. Upon completion of the project, an incumbent
broadband provider will provide documentation to the board that demonstrates
that the unserved addresses meet the minimum download and upload speeds
established in the FCC's definition of high-speed internet access or broadband.
If the incumbent broadband provider fails to meet the commitment made in the
affidavit filed, the board may award a grant to another provider to provide
service for the addresses that remain unserved.
(c.5) (d) Denying funding for overbuilding of existing broadband
networks in order to maximize the total available support for financing rural
broadband development;
(d) (e) Ensuring that a proposed project includes:
(I) Access to measurable speeds of at least ten megabits per second
downstream and one megabit per second upstream or measurable speeds at least
equal to the FCC's definition of high-speed internet access or broadband,
whichever is faster;
(II) (A) EXCEPT AS PROVIDED IN SUBSECTION (9)(e)(II)(B) of THIS
SECTION, independent funding secured for at least twenty-five percent of the
total cost of the proposed project. and
(B) THE BOARD MAY AUTHORIZE A PROPOSED PROJECT AWARDED
GRANT MONEY PURSUANT TO SUBSECTION (9)(a)(V) OF THIS SECTION TO SECURE
A LESSER AMOUNT OF INDEPENDENT FUNDING IF THE PROPOSED PROJECT MEETS
THE CRITERIA SET FORTH IN THIS SUBSECTION (9) AND THE AMOUNT OF
INDEPENDENT FUNDING SECURED IS THE HIGHEST AMOUNT OF INDEPENDENT
FUNDING PROPOSED AMONG MULTIPLE PROPOSALS TO SERVE THE AREA TO BE
SERVED BY THE PROPOSED PROJECT. THIS SUBSECTION (9)(e)(II)(B) IS
REPEALED, EFFECTIVE SEPTEMBER 1, 2024.
(III) A requirement to utilize any award granted from the fund HCSM
ACCOUNT DEDICATED TO BROADBAND DEPLOYMENT PURSUANT TO SUBSECTION
(3) OF THIS SECTION for infrastructure purposes only and not for operations;
(e) (f) Providing additional consideration for proposed projects that
include INCLUDES at least some of the following factors:
(I) Proposed projects that provide service to residential and business
addresses that lack broadband internet service at measurable speeds of at least
ten megabits per second downstream and one megabit per second upstream;
(II) Proposed projects that are endorsed by local entities interested in
obtaining broadband internet service in unserved areas of the state;
(III) Proposed projects that have speeds of at least ten megabits per
second downstream and one megabit per second upstream or measurable speeds
at least equal to the FCC's definition of high-speed internet access or
broadband, whichever is faster;
(IV) Proposed projects for which the applicant has an established record
of operation in the area of the grant application; and
(V) Proposed projects providing last-mile broadband service, which is
defined as the portion of broadband service that delivers an internet connection
to an end user; that lacks access to broadband service at measurable speeds
greater than fifty-six kilobits per second; AND
(VI) PROPOSED PROJECTS THAT PROVIDE DISCOUNTED BROADBAND
SERVICE TO LOW-INCOME HOUSEHOLDS;
(f) (g) Providing an assessment of the following factors:
(I) Whether the proposed project will provide services via a licensed or
unlicensed means of transmission;
(II) The cost-effectiveness of the proposed project's proposed method
for expanding broadband internet service into unserved areas; and
(III) The reliability of the network providing broadband services;
(g) (h) (I) With regard to an applicant that has submitted a proposed
project to the board, affording each incumbent provider in the area that is not
providing access to a broadband network in the unserved area a right of first
refusal regarding the implementation of a project in the unserved area.
(II) If an incumbent provider proposes a project for the area, the
incumbent provider commits to providing access to a broadband network:
(A) Within one year after the applicant's submission of a proposed
project;
(B) At demonstrated downstream and upstream speeds equal to or faster
than the speeds indicated in the applicant's proposed project; and
(C) At a cost per household in the area to be served that is equal to or
less than the cost per household indicated in the applicant's proposed project.
(h) (i) Ensuring that broadband service grant awards are not provided
in areas other than unserved areas;
(i) (j) In the case of a franchise agreement, ensuring that broadband
service grant awards are not provided in areas with a population density large
enough to require service under an existing franchise agreement;
(j) (k) Establishing a grant award process that:
(I) Allows an applicant to apply for grants on multiple projects in a
given year if the applicant makes a separate application for each project. The
board may approve more than one of the applicant's projects within a single
year.
(II) Ensures the geographically equitable distribution of grant awards;
(III) Provides for an appeals process for any party aggrieved by an
award or denial of grant money, whether exercising a right of first refusal,
having filed any comments regarding the initial grant application, or both. If a
provider of broadband service or a broadband network that alleges funding
provided pursuant to this section will overbuild the provider's broadband
network, the provider is an aggrieved party with standing to appeal under this
subsection (8)(j)(III) (9)(k)(III).
(IV) Requires the board to consider appeals alleging that the application
area is no longer unserved because federal support improves a broadband
network for service locations that are adjacent to the area receiving the federal
award and are within the application area;
(k) (l) Establishing reporting and accountability requirements for a
project receiving financial support from the fund HCSM ACCOUNT DEDICATED
TO BROADBAND DEPLOYMENT PURSUANT TO SUBSECTION (3) OF THIS SECTION,
including contractual requirements that:
(I) The applicant secure a performance bond for the project, as
appropriate;
(II) The applicant demonstrate an ability to provide broadband service
at a reasonable cost per household in the area to be served by the proposed
project;
(III) The applicant demonstrate an ability to complete the proposed
project within a reasonable time, not to exceed two years, unless delayed by a
government entity; and
(IV) Prohibit an applicant from using grant award moneys MONEY to
offer, provide, or sell broadband services in an area not meeting the definition
of unserved area;
(V) THE APPLICANT, ON AN ANNUAL BASIS UNTIL THE GRANT MONEY
HAS BEEN FULLY EXPENDED, REPORT TO THE BOARD ON THE FOLLOWING:
(A) THE NUMBER OF HOMES AND BUSINESSES THAT THE APPLICANT'S
GRANT-SUPPORTED BROADBAND NETWORK SERVES;
(B) THE NUMBER OF ADDITIONAL HOMES AND BUSINESSES THAT THE
APPLICANT EXPECTS TO SERVE THROUGH THE GRANT-SUPPORTED BROADBAND
NETWORK WITHIN THE FOLLOWING YEAR; AND
(C) THE SPEED TIERS, ADVERTISED RATES, AND SERVICES THAT THE
APPLICANT OFFERS TO CUSTOMERS THROUGH THE GRANT-SUPPORTED
BROADBAND NETWORK, INCLUDING SPEED TIERS, RATES, AND OTHER SERVICES
THAT THE APPLICANT OFFERS TO LOW-INCOME HOUSEHOLDS; AND
(VI) THE APPLICANT, AFTER THE GRANT MONEY HAS BEEN FULLY
EXPENDED, PROVIDE THIRD-PARTY PERFORMANCE-TESTING CERTIFICATION,
BASED ON FCC-APPROVED PERFORMANCE-TESTING PROTOCOLS, THAT THE
PROJECT MEETS THE ORIGINAL DESIGN OF, AND PROVIDES THE MEASURABLE
SPEEDS, RATES, AND SERVICES SET FORTH IN, THE APPLICATION;
(m) (I) COMMENCING IN THE GRANT FUNDING CYCLE THAT BEGINS
IMMEDIATELY AFTER THE EFFECTIVE DATE OF THIS SUBSECTION (9)(m),
REQUIRING AN APPLICANT, OR AN APPELLANT FILING AN APPEAL PURSUANT TO
SUBSECTION (9)(k)(III) OF THIS SECTION, TO SUBMIT, IN THE FORM AND MANNER
DETERMINED BY THE OFFICE OR, IF THE FCC ADOPTS REGULATIONS REQUIRING
THE SUBMISSION OF GRANULAR COVERAGE DATA, IN THE FORM AND MANNER
REQUIRED BY THE FCC, GRANULAR COVERAGE DATA TO THE OFFICE. IF THE
FCC ADOPTS SUCH REGULATIONS, THE OFFICE SHALL NOT IMPOSE ANY
GRANULAR COVERAGE DATA SUBMISSION REQUIREMENTS THAT ARE MORE
ONEROUS OR LESS STRINGENT THAN THE REQUIREMENTS SET FORTH IN THE
FCC'S REGULATIONS. UPON REQUEST OF THE BOARD, THE OFFICE SHALL INFORM
THE BOARD IF AN APPLICANT HAS SUBMITTED THE GRANULAR COVERAGE DATA
IN ACCORDANCE WITH THIS SUBSECTION (9)(m).
(II) GRANULAR COVERAGE DATA SUBMITTED PURSUANT TO THIS
SUBSECTION (9)(m) IS NOT A PUBLIC RECORD AS DEFINED IN, AND IS NOT
SUBJECT TO PUBLIC DISCLOSURE UNDER, THE "COLORADO OPEN RECORDS ACT",
PART 2 OF ARTICLE 72 OF THIS TITLE 24.
(III) AS USED IN THIS SUBSECTION (9)(m), "GRANULAR COVERAGE
DATA" MEANS MAPPING DATA PRESENTED IN THE FORM OF A COVERAGE
POLYGON OR LOCATION COORDINATES THAT REFLECTS:
(A) THE MAXIMUM DOWNLOAD AND UPLOAD SPEEDS AVAILABLE IN
EACH AREA;
(B) THE TECHNOLOGY USED TO PROVIDE THE SERVICE; AND
(C) A DIFFERENTIATION AMONG RESIDENTIAL-ONLY, BUSINESS-ONLY,
AND RESIDENTIAL-AND-BUSINESS BROADBAND SERVICES.
(8.3) (10) (a) The board shall periodically review the websites of the
federal trade commission and the FCC to determine whether either of those
federal agencies has issued a final order or entered into a settlement or consent
decree regarding any:
(I) Applicant seeking broadband deployment grant money from the
board; or
(II) Internet service provider, as defined in section 40-15-209 (4)(b), to
which the board has awarded broadband deployment grant money.
(b) The board shall review any order or decree described in subsection
(8.3)(a) (10)(a) of this section to determine whether the internet service provider
that is the subject of the order or decree has engaged in conduct prohibited by
section 40-15-209 (1)(a) to (1)(d). The board shall deny the application of any
applicant subject to such a federal order or decree and shall inform the
commission pursuant to section 40-15-209 (2)(a) about any internet service
provider awarded broadband deployment grant money that is subject to such an
order or decree.
(8.5) (11) (a) The board shall deny an application that contains an area
that does not meet the definition of unserved area and shall grant an appeal to
an incumbent broadband provider that demonstrates, by a preponderance of the
evidence, that an area covered by an application does not meet the definition of
unserved area.
(b) If all other application requirements remain met, an application may
be amended at any time to remove from the application coverage of an area that
does not meet the criteria established pursuant to this section. Alternatively, the
board may award a partial grant for an area that does meet the criteria.
(9) (12) (a) The board shall report annually to the transportation and
energy LOCAL GOVERNMENT committee and the business affairs and labor
committee in the house of representatives and to the agriculture, natural
resources, TRANSPORTATION and energy committee and business, labor, and
technology committee in the senate, or their successor committees, on the
projects supported by money from the HCSM account dedicated to broadband
deployment PURSUANT TO SUBSECTION (3) OF THIS SECTION in a given year,
including information on:
(I) The number of projects;
(II) The location of each project;
(III) The amount of funding received for each project; and
(IV) A description of each project.
(b) Notwithstanding section 24-1-136 (11), C.R.S., the report required
under this subsection (9) (12) continues indefinitely.
(10) (13) Local entities are encouraged to cooperate with respect to
timelines and permit fees concerning projects in their geogra

Senate Journal, May 19
After consideration on the merits, the Committee recommends that HB21-1109 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 18, before line 8 insert:

"SECTION 5. Transfer of appropriation. (1) For the 2021-22 state
fiscal year, $202,504 of the appropriation made in the annual general
appropriation act for the state fiscal year from the broadband administrative
fund created in section 40-15-509.5 (4)(a), C.R.S., to the department of
regulatory agencies for broadband deployment board administration is
transferred to the office of the governor for use by the office of information
technology. It is assumed that the office of the governor will require all of the
FTE related to the department of regulatory agencies' appropriation. The office
of the governor may use this appropriation to implement this act.".

Renumber succeeding sections accordingly.

Page 1, line 105, strike "AND".

Page 1, line 108, strike "HOUSEHOLDS." and substitute "HOUSEHOLDS, AND
MAKING AN APPROPRIATION.".


Appro-
priations



Fiscal Notes Status: Fiscal impact for this bill
Fiscal Notes:

Fiscal Note


HB21-1232 Standardized Health Benefit Plan Colorado Option 
Comment:
Position: Monitor/Oppose
Calendar Notification: NOT ON CALENDAR
Sponsors: D. Roberts (D) | I. Jodeh / K. Donovan (D)
Summary:



The act requires the commissioner of insurance (commissioner) in the department of regulatory agencies to establish a standardized health benefit plan by rule on or before January 1, 2022, to be offered by health insurance carriers (carriers) in the individual and small group markets. The standardized plan must:

  • Offer health-care coverage at the bronze, silver, and gold levels of coverage;
  • Include pediatric and other essential health benefits;
  • Be offered through the Colorado health benefit exchange and in the individual market;
  • Have a standardized benefit design that is created through a stakeholder engagement process, has a defined benefit design and cost sharing that improves access and affordability, and is designed to improve racial health equity and decrease racial health disparities;
  • Provide by, among other measures, providing first-dollar, predictable coverage for certain high value services;
  • Be actuarially sound and allow carriers to meet financial requirements;
  • Comply with state and federal law; and
  • Have a provider network (network) that is culturally responsive and reflects the diversity of its enrollees and be no more narrow than the most restrictive nonstandardized plan offered by the carrier.


Each carrier must:

  • Include, as part of its network access plan for the standardized plan, a description of its efforts to construct diverse, culturally responsive networks;
  • Include a majority of the essential community providers in the service area in its network; and
  • Allow consumers to easily compare the standardized health benefit plans offered by each carrier.


Additionally, the act requires the commissioner to:

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


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

  • An individual health benefit plan in Colorado to offer the standardized health benefit plan in the individual market in each county where the carrier offers an individual plan; and
  • A small group health benefit plan in Colorado to offer the standardized health benefit plan in the small group market in each county where the carrier offers a small group plan.


In the individual market and in the small group market, each carrier shall offer a standardized health benefit plan premium that:

  • For 2023, is at least 5% less than the premium rate for health benefit plans offered by that carrier in the 2021 calendar year, as adjusted for medical inflation;
  • For 2024, is at least 10% less than the premium rate for health benefit plans offered by that carrier in the 2021 calendar year, as adjusted for medical inflation;
  • For 2025, is at least 15% less than the premium rate for health benefit plans offered by that carrier in the 2021 calendar year, as adjusted for medical inflation;
  • For 2026 and each year thereafter, is increased above the premium in the previous year by no more than medical inflation, relative to the previous year.


The act also requires each carrier to file its premium rates for the standardized health benefit plan with the commissioner. If a carrier or health-care provider anticipates that a carrier will be unable to meet network adequacy standards or the premium rate requirements due to a reimbursement rate dispute, the carrier or the health-care provider may initiate nonbinding arbitration prior to filing rates for the standardized health benefit plan. If a carrier cannot meet the premium rate requirements, the carrier must notify the commissioner of the reasons. The division shall hold a public hearing concerning network adequacy and premium rates. Based on evidence at the hearing, the commissioner may establish carrier reimbursement rates for hospitals and health-care providers and require the hospitals and health-care providers to accept patients and the established reimbursement rates. The act establishes limits on the reimbursement rates that may be set.

The act creates an advisory board, with members appointed by the governor, to implement the standardized health benefit plan. The advisory board is charged with considering recommendations to streamline prior authorization and utilization management processes, recommend ways to keep health-care services in communities where patients live, and to consider alternative payment models.

The commissioner may apply to the secretary of the United States department of health and human services for a state innovation waiver to capture savings as a result of the implementation of the standardized health benefit plan. Upon approval of the waiver, the commissioner is authorized to use any federal money for the implementation of the bill and for the Colorado health insurance affordability enterprise.

The act requires the commissioner to:

  • Contract with an independent third party to prepare reports regarding the implementation of the bill;
  • Monitor whether there is an adequate number of health-care providers in the carriers' standardized health benefit plan network and the percentage of premiums attributable to health-care providers in the network;
  • Contract with an independent third-party organization to evaluate how to phase in a hospital's reimbursement rate methodology;
  • Report various findings during the hearings conducted pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act"; and
  • Disapprove of a rate filing submitted by a carrier if the rate filing reflects a cost shift between the standardized health benefit plan and the health benefit plan for which rate approval is being sought.


The department of public health and environment, upon notice from the commissioner, may fine or suspend or impose conditions on a hospital that refuses to participate in the standardized health benefit plan.

The act creates the office of the insurance ombudsman in the department of health care policy and financing to act as an advocate for consumer interests in matters related to access to and affordability of the standardized health benefit plan.

To implement this act:

  • $1,409,637 is appropriated to the department of regulatory agencies for use by the division of insurance and the executive director's office, $212,680 of which is reappropriated to the department of law for the provision of legal services; and
  • $78,993 is appropriated to the department of health care policy and financing.
    (Note: This summary applies to this bill as enacted.)

Status: 3/18/2021 Introduced In House - Assigned to Health & Insurance
4/27/2021 House Committee on Health & Insurance Refer Amended to Appropriations
5/4/2021 House Committee on Appropriations Refer Amended to House Committee of the Whole
5/6/2021 House Second Reading Laid Over Daily - No Amendments
5/7/2021 House Second Reading Passed with Amendments - Committee, Floor
5/10/2021 House Third Reading Passed - No Amendments
5/11/2021 Introduced In Senate - Assigned to Health & Human Services
5/17/2021 Senate Committee on Health & Human Services Witness Testimony and/or Committee Discussion Only
5/19/2021 Senate Committee on Health & Human Services Refer Amended to Appropriations
5/21/2021 Senate Committee on Appropriations Refer Unamended to Senate Committee of the Whole
5/25/2021 Senate Second Reading Passed with Amendments - Committee, Floor
5/26/2021 Senate Third Reading Passed - No Amendments
5/27/2021 House Considered Senate Amendments - Result was to Laid Over Daily
6/7/2021 House Considered Senate Amendments - Result was to Concur - Repass
6/14/2021 Signed by the Speaker of the House
6/14/2021 Signed by the President of the Senate
6/15/2021 Sent to the Governor
6/16/2021 Governor Signed
Amendments:

House Journal, April 28
5 HB21-1232 be amended as follows, and as so amended, be referred to
6 the Committee on Appropriations with favorable
7 recommendation:
8
9 Amend printed bill, strike everything below the enacting clause and
10 substitute:
11
12 "SECTION 1. In Colorado Revised Statutes, add part 13 to
13 article 16 of title 10 as follows:
13 14 PART
15 COLORADO STANDARDIZED HEALTH BENEFIT PLAN
16 10-16-1301. Short title. THE SHORT TITLE OF THIS PART 13 IS THE
17 "COLORADO STANDARDIZED HEALTH BENEFIT PLAN ACT".
18 10-16-1302. Legislative declaration - intent. (1) THE GENERAL
19 ASSEMBLY, THROUGH THE EXERCISE OF ITS POWERS TO PROTECT THE
20 HEALTH, PEACE, SAFETY, AND GENERAL WELFARE OF THE PEOPLE OF
21 COLORADO, HEREBY FINDS THAT:
22 (a) HEALTH INSURANCE COVERAGE HAS BEEN DEMONSTRATED TO
23 HAVE A POSITIVE IMPACT ON PEOPLE'S HEALTH OUTCOMES AS WELL AS
24 THEIR FINANCIAL SECURITY AND WELL-BEING;
25 (b) ENSURING THAT ALL PEOPLE HAVE ACCESS TO AFFORDABLE,
26 QUALITY, CONTINUOUS, AND EQUITABLE HEALTH CARE IS A CHALLENGE
27 THAT PUBLIC OFFICIALS AND POLICY EXPERTS HAVE FACED FOR DECADES
28 DESPITE SEEMINGLY CONSTANT EFFORTS TO ADDRESS THE ISSUE;
29 (c) ALTHOUGH GREAT STRIDES HAVE BEEN MADE IN INCREASING
30 ACCESS TO HEALTH-CARE COVERAGE THROUGH FEDERAL AND STATE
31 LEGISLATION, NOT ENOUGH HAS BEEN ACCOMPLISHED TO ADDRESS THE
32 AFFORDABILITY OF HEALTH INSURANCE IN COLORADO, PARTICULARLY IN
33 THE STATE'S RURAL AREAS AND FOR COLORADANS WHO HAVE
34 HISTORICALLY AND SYSTEMICALLY FACED BARRIERS TO HEALTH,
35 INCLUDING PEOPLE OF COLOR, IMMIGRANTS, AND COLORADANS WITH LOW
36 INCOMES;
37 (d) THE HEALTH-CARE SYSTEM IS A COMPLEX SYSTEM WHEREIN
38 CONSUMERS RELY ON HEALTH INSURANCE CARRIERS TO NEGOTIATE THE
39 RATES PAID TO HEALTH-CARE PROVIDERS, PHARMACEUTICAL COMPANIES,
40 AND HOSPITALS FOR SERVICES PROVIDED AND EXPECT THAT THE
41 NEGOTIATED RATES ARE CLOSELY TIED TO THE AMOUNT OF THE HEALTH
42 INSURANCE PREMIUMS PAID;
43 (e) DESPITE EFFORTS TO ADDRESS ACCESS TO AND AFFORDABILITY
44 OF HEALTH CARE, UNDERLYING HEALTH-CARE COSTS CONTINUE TO RISE,
45 THUS DRIVING UP THE COSTS OF HEALTH INSURANCE PREMIUMS, OFTEN AT
46 DISPROPORTIONATE RATES IN RURAL AREAS OF THE STATE; AND
47 (f) IN ORDER TO ENSURE THAT HEALTH INSURANCE IS AFFORDABLE
48 FOR COLORADANS, IT IS CRITICAL THAT THE STATE ESTABLISH A
49 STANDARDIZED PLAN FOR CARRIERS TO OFFER IN THE STATE AND SET
50 PREMIUM REDUCTION TARGETS FOR CARRIERS TO ACHIEVE.
51 10-16-1303. Definitions. AS USED IN THIS PART 13, UNLESS THE
52 CONTEXT OTHERWISE REQUIRES:
53 (1) "ADVISORY BOARD" MEANS THE BOARD ESTABLISHED IN
54 SECTION 10-16-1307.
55
1 (2) "CRITICAL ACCESS HOSPITAL" MEANS A HOSPITAL THAT IS
2 FEDERALLY CERTIFIED OR UNDERGOING FEDERAL CERTIFICATION AS A
3 CRITICAL ACCESS HOSPITAL PURSUANT TO 42 CFR 485, SUBPART F.
4 (3) "ESSENTIAL ACCESS HOSPITAL" MEANS A CRITICAL ACCESS
5 HOSPITAL OR GENERAL HOSPITAL LOCATED IN A RURAL AREA WITH
6 TWENTY-FIVE OR FEWER LICENSED BEDS.
7 (4) "ESSENTIAL COMMUNITY PROVIDER" HAS THE SAME MEANING
8 AS SET FORTH IN SECTION 25.5-8-103 (6).
9 (5) "GENERAL HOSPITAL" MEANS A HOSPITAL LICENSED AS A
10 GENERAL HOSPITAL BY THE COLORADO DEPARTMENT OF PUBLIC HEALTH
11 AND ENVIRONMENT.
12 (6) "HEALTH-CARE COVERAGE COOPERATIVE" HAS THE SAME
13 MEANING AS SET FORTH IN SECTION 10-16-1002 (2).
14 (7) "HEALTH-CARE PROVIDER" MEANS A HEALTH-CARE
15 PROFESSIONAL REGISTERED, CERTIFIED, OR LICENSED PURSUANT TO TITLE
16 12 OR A HEALTH FACILITY LICENSED OR CERTIFIED PURSUANT TO SECTION
17 25-1.5-103.
18 (8) "HEALTH SYSTEM" MEANS A CORPORATION OR OTHER
19 ORGANIZATION THAT OWNS, CONTAINS, OR OPERATES THREE OR MORE
20 HOSPITALS.
21 (9) "MEDICAL INFLATION" MEANS THE ANNUAL PERCENTAGE
22 CHANGE IN THE MEDICAL CARE INDEX COMPONENT OF THE UNITED STATES
23 DEPARTMENT OF LABOR'S BUREAU OF LABOR STATISTICS CONSUMER PRICE
24 INDEX FOR MEDICAL CARE SERVICES AND MEDICAL CARE COMMODITIES,
25 OR ITS APPLICABLE PREDECESSOR OR SUCCESSOR INDEX, BASED ON THE
26 AVERAGE CHANGE IN THE MEDICAL CARE INDEX OVER THE PREVIOUS TEN
27 YEARS.
28 (10) (a) "MEDICARE REIMBURSEMENT RATE" MEANS THE
29 FACILITY-SPECIFIC REIMBURSEMENT RATE FOR A PARTICULAR
30 HEALTH-CARE SERVICE PROVIDED UNDER THE "HEALTH INSURANCE FOR
31 THE AGED ACT", TITLE XVIII OF THE FEDERAL "SOCIAL SECURITY ACT",
32 42 U.S.C. SEC. 1395 ET SEQ., AS AMENDED.
33 (b) FOR A HOSPITAL THAT IS REIMBURSED THROUGH THE MEDICARE
34 PROSPECTIVE PAYMENTS SYSTEMS RATE FOR A CRITICAL ACCESS HOSPITAL,
35 "MEDICARE REIMBURSEMENT RATE" MEANS THE RATE BASED ON
36 ALLOWABLE COSTS AS REPORTED IN MEDICARE COST REPORTS AND THE
37 HISTORICAL COST-TO-CHARGE RATIOS FOR THE SPECIFIC HOSPITAL.
38 (11) "PUBLIC BENEFIT CORPORATION" MEANS A PUBLIC BENEFIT
7 39 CORPORATION FORMED PURSUANT TO PART 5 OF ARTICLE 101 OF TITLE
40 THAT MAY BE ORGANIZED AND OPERATED BY THE EXCHANGE PURSUANT
41 TO SECTION 10-22-106 (3).
42 (12) "SMALL GROUP MARKET" MEANS THE MARKET FOR SMALL
43 GROUP SICKNESS AND ACCIDENT INSURANCE.
44 (13) "STANDARDIZED PLAN" MEANS THE STANDARDIZED HEALTH
45 BENEFIT PLAN DESIGNED BY RULE OF THE COMMISSIONER PURSUANT TO
46 SECTION 10-16-1304.
47 10-16-1304. Standardized health benefit plan - established -
48 components - rules - independent analysis - repeal. (1) ON OR BEFORE
49 JANUARY 1, 2022, THE COMMISSIONER SHALL ESTABLISH, BY RULE, A
50 STANDARDIZED HEALTH BENEFIT PLAN TO BE OFFERED BY CARRIERS IN
51 THIS STATE IN THE INDIVIDUAL AND SMALL GROUP MARKETS. THE
52 STANDARDIZED PLAN MUST:
53 (a) OFFER HEALTH-CARE COVERAGE AT THE BRONZE, SILVER, AND
54 GOLD LEVELS OF COVERAGE AS DESCRIBED IN SECTION 10-16-103.4;
55
1 (b) INCLUDE, AT A MINIMUM, PEDIATRIC AND OTHER ESSENTIAL
2 HEALTH BENEFITS;
3 (c) BE OFFERED THROUGH THE EXCHANGE AND IN THE INDIVIDUAL
4 MARKET THROUGH THE PUBLIC BENEFIT CORPORATION;
5 (d) BE A STANDARDIZED BENEFIT DESIGN THAT:
6 (I) IS CREATED THROUGH A STAKEHOLDER ENGAGEMENT PROCESS
7 THAT INCLUDES PHYSICIANS, HEALTH-CARE INDUSTRY AND CONSUMER
8 REPRESENTATIVES, INDIVIDUALS WHO REPRESENT HEALTH-CARE WORKERS
9 OR WHO WORK IN HEALTH CARE, AND INDIVIDUALS WORKING IN OR
10 REPRESENTING COMMUNITIES THAT ARE DIVERSE WITH REGARD TO RACE,
11 ETHNICITY, IMMIGRATION STATUS, AGE, ABILITY, SEXUAL ORIENTATION,
12 GENDER IDENTITY, OR GEOGRAPHIC REGIONS OF THE STATE AND THAT ARE
13 AFFECTED BY HIGHER RATES OF HEALTH DISPARITIES AND INEQUITIES;
14 (II) HAS A DEFINED BENEFIT DESIGN AND COST-SHARING THAT
15 IMPROVES ACCESS AND AFFORDABILITY; AND
16 (III) IS DESIGNED TO IMPROVE RACIAL HEALTH EQUITY AND
17 DECREASE RACIAL HEALTH DISPARITIES THROUGH A VARIETY OF MEANS,
18 WHICH ARE IDENTIFIED COLLABORATIVELY WITH CONSUMER
19 STAKEHOLDERS, INCLUDING:
20 (A) IMPROVING PERINATAL HEALTH-CARE COVERAGE; AND
21 (B) PROVIDING FIRST-DOLLAR, PREDEDUCTIBLE COVERAGE FOR
22 CERTAIN HIGH-VALUE SERVICES, SUCH AS PRIMARY AND BEHAVIORAL
23 HEALTH CARE;
24 (e) BE ACTUARIALLY SOUND AND ALLOW A CARRIER TO CONTINUE
25 TO MEET THE FINANCIAL REQUIREMENTS IN ARTICLE 3 OF THIS TITLE 10;
26 (f) COMPLY WITH THE FEDERAL ACT, INCLUDING THE RISK
27 ADJUSTMENT REQUIREMENTS UNDER 45 CFR 153, AND THIS ARTICLE 16;
28 AND
29 (g) HAVE A NETWORK THAT IS:
30 (I) CULTURALLY RESPONSIVE AND, TO THE GREATEST EXTENT
31 POSSIBLE, REFLECTS THE DIVERSITY OF ITS ENROLLEES IN TERMS OF RACE,
32 ETHNICITY, GENDER IDENTITY, AND SEXUAL ORIENTATION IN THE AREA
33 THAT THE NETWORK EXISTS; AND
34 (II) NO MORE NARROW THAN THE MOST RESTRICTIVE NETWORK
35 THE CARRIER IS OFFERING FOR NONSTANDARDIZED PLANS IN THE
36 INDIVIDUAL MARKET FOR THE METAL TIER FOR THAT RATING AREA.
37 (2) (a) IN DEVELOPING THE NETWORK FOR THE STANDARDIZED
38 PLAN PURSUANT TO SUBSECTION (1)(g) OF THIS SECTION, EACH CARRIER
39 SHALL:
40 (I) INCLUDE AS PART OF ITS NETWORK ACCESS PLAN A DESCRIPTION
41 OF THE CARRIER'S EFFORTS TO CONSTRUCT DIVERSE, CULTURALLY
42 RESPONSIVE NETWORKS THAT ARE WELL-POSITIONED TO ADDRESS HEALTH
43 EQUITY AND REDUCE HEALTH DISPARITIES; AND
44 (II) INCLUDE A MAJORITY OF THE ESSENTIAL COMMUNITY
45 PROVIDERS IN THE SERVICE AREA IN ITS NETWORK.
46 (b) IF A CARRIER IS UNABLE TO ACHIEVE THE NETWORK ADEQUACY
47 REQUIREMENTS IN SUBSECTION (1)(g) OF THIS SECTION, THE CARRIER
48 SHALL FILE AN ACTION PLAN WITH THE DIVISION THAT DESCRIBES THE
49 CARRIER'S EFFORTS TO ACHIEVE THE REQUIREMENTS IN SUBSECTION (1)(g)
50 OF THIS SECTION.
51 (c) THE COMMISSIONER SHALL PROMULGATE RULES REGARDING
52 THE NETWORK ADEQUACY REQUIREMENTS IN SUBSECTION (1)(g) OF THIS
53 SECTION AND THE ACTION PLAN IN SUBSECTION (2)(b) OF THIS SECTION.
54
1 (3) THE STANDARDIZED PLAN MUST BE OFFERED IN A MANNER
2 THAT ALLOWS CONSUMERS TO EASILY COMPARE THE STANDARDIZED
3 PLANS OFFERED BY EACH CARRIER.
4 (4) THE COMMISSIONER MAY UPDATE THE STANDARDIZED PLAN
5 ANNUALLY BY RULE THROUGH THE STAKEHOLDER PROCESS DESCRIBED IN
6 SUBSECTION (1)(d)(I) OF THIS SECTION.
7 (5) THE COMMISSIONER SHALL CONTRACT WITH AN INDEPENDENT
8 THIRD PARTY TO CONDUCT AN ANALYSIS OF THE IMPACT OF THIS SECTION
9 ON HEALTH PLAN ENROLLMENT, HEALTH INSURANCE AFFORDABILITY, AND
10 HEALTH EQUITY. TO THE EXTENT AVAILABLE, THE ANALYSIS MUST
11 INCLUDE DISAGGREGATED DATA BY RACE, ETHNICITY, IMMIGRATION
12 STATUS, SEXUAL ORIENTATION, GENDER IDENTITY, AGE, AND ABILITY. IF
13 THE DATA IS NOT AVAILABLE, THE ANALYSIS MUST NOTE SUCH
14 UNAVAILABILITY. THE ANALYSIS MUST INCLUDE INFORMATION
15 CONCERNING TOTAL OUT-OF-POCKET HEALTH-CARE SPENDING. THE
16 ANALYSIS MUST BE COMPLETED ON OR BEFORE JANUARY 1, 2026.
17 (6) (a) THE COMMISSIONER SHALL COLLABORATE WITH THE
18 EXCHANGE CONCERNING THE SURVEY REQUIRED IN SECTION 10-22-114,
19 WHICH SURVEY ADDRESSES CONSUMERS' EXPERIENCE.
20 (b) THIS SUBSECTION (6) IS REPEALED, EFFECTIVE JULY 1, 2026.
21 (7) THE COMMISSIONER IS NOT REQUIRED TO COMPLY WITH THE
22 "PROCUREMENT CODE", ARTICLES 101 TO 112 OF TITLE 24, FOR THE
23 PURPOSES OF THIS SECTION.
24 10-16-1305. Standardized health benefit plan - carriers
25 required to offer - premium rates - rules. (1) BEGINNING JANUARY 1,
26 2023, A CARRIER THAT OFFERS:
27 (a) AN INDIVIDUAL HEALTH BENEFIT PLAN IN COLORADO IS
28 REQUIRED TO OFFER THE STANDARDIZED PLAN IN THE INDIVIDUAL MARKET
29 IN EACH COUNTY WHERE THE CARRIER OFFERS AN INDIVIDUAL HEALTH
30 BENEFIT PLAN AND SHALL OFFER THE STANDARDIZED PLAN THROUGHOUT
31 THE ENTIRE COUNTY; AND
32 (b) A SMALL GROUP HEALTH BENEFIT PLAN IN COLORADO IS
33 REQUIRED TO OFFER THE STANDARDIZED PLAN IN THE SMALL GROUP
34 MARKET IN EACH COUNTY WHERE THE CARRIER OFFERS A SMALL GROUP
35 HEALTH BENEFIT PLAN AND SHALL OFFER THE STANDARDIZED PLAN
36 THROUGHOUT THE ENTIRE COUNTY.
37 (2) (a) (I) IN THE INDIVIDUAL MARKET, FOR THE PLAN YEAR
38 BEGINNING JANUARY 1, 2023, AND IN THE SMALL GROUP MARKET,
39 BEGINNING JANUARY 1, 2023, EACH CARRIER SHALL OFFER THE
40 STANDARDIZED PLAN AT A PREMIUM RATE THAT IS AT LEAST SIX PERCENT
41 LESS THAN THE PREMIUM RATE FOR HEALTH BENEFIT PLANS THAT THE
42 CARRIER OFFERED IN THE 2021 CALENDAR YEAR, AS ADJUSTED FOR
43 MEDICAL INFLATION, IN THE INDIVIDUAL AND SMALL GROUP MARKETS.
44 THE COMMISSIONER SHALL CALCULATE THE PREMIUM RATE REDUCTION
45 BASED ON THE RATES CHARGED IN THE SAME COUNTY IN WHICH THE
46 CARRIER OFFERED HEALTH BENEFIT PLANS IN THE INDIVIDUAL AND SMALL
47 GROUP MARKETS IN 2021 PRIOR TO THE APPLICATION OF THE COLORADO
48 REINSURANCE PROGRAM PURSUANT TO PART 11 OF THIS ARTICLE 16.
49 (II) FOR CARRIERS OFFERING THE STANDARDIZED PLAN IN THE
50 2023 PLAN YEAR IN A COUNTY IN WHICH THE CARRIER DID NOT OFFER A
51 HEALTH BENEFIT PLAN IN THE INDIVIDUAL OR SMALL GROUP MARKET IN
52 THE 2021 CALENDAR YEAR, EACH CARRIER THAT OFFERS THE
53 STANDARDIZED PLAN SHALL OFFER THE STANDARDIZED PLAN:
54
1 (A) IN THE INDIVIDUAL MARKET AT A PREMIUM RATE THAT IS AT
2 LEAST SIX PERCENT LESS THAN THE AVERAGE PREMIUM RATE FOR
3 INDIVIDUAL HEALTH BENEFIT PLANS OFFERED IN THAT COUNTY IN 2021,
4 CALCULATED BASED ON THE AVERAGE PREMIUM RATE FOR INDIVIDUAL
5 HEALTH BENEFIT PLANS OFFERED IN THAT COUNTY, AS ADJUSTED FOR
6 MEDICAL INFLATION, PRIOR TO THE APPLICATION OF THE COLORADO
7 REINSURANCE PROGRAM PURSUANT TO PART 11 OF THIS ARTICLE 16; AND
8 (B) IN THE SMALL GROUP MARKET AT A PREMIUM RATE THAT IS AT
9 LEAST SIX PERCENT LESS THAN THE AVERAGE PREMIUM RATE FOR SMALL
10 GROUP PLANS OFFERED IN THAT COUNTY IN 2021, AS ADJUSTED FOR
11 MEDICAL INFLATION.
12 (b) (I) IN THE INDIVIDUAL MARKET, FOR THE PLAN YEAR
13 BEGINNING JANUARY 1, 2024, AND IN THE SMALL GROUP MARKET,
14 BEGINNING JANUARY 1, 2024, EACH CARRIER SHALL OFFER THE
15 STANDARDIZED PLAN AT A PREMIUM RATE THAT IS AT LEAST TWELVE
16 PERCENT LESS THAN THE PREMIUM RATE FOR HEALTH BENEFIT PLANS THAT
17 THE CARRIER OFFERED IN THE 2021 CALENDAR YEAR, AS ADJUSTED FOR
18 MEDICAL INFLATION, IN THE INDIVIDUAL AND SMALL GROUP MARKETS.
19 THE COMMISSIONER SHALL CALCULATE THE PREMIUM RATE REDUCTION
20 BASED ON THE RATES CHARGED IN THE SAME COUNTY IN WHICH THE
21 CARRIER OFFERED HEALTH BENEFIT PLANS IN THE INDIVIDUAL AND SMALL
22 GROUP MARKETS IN 2021 PRIOR TO THE APPLICATION OF THE COLORADO
23 REINSURANCE PROGRAM PURSUANT TO PART 11 OF THIS ARTICLE 16.
24 (II) FOR CARRIERS OFFERING THE STANDARDIZED PLAN IN THE
25 2024 PLAN YEAR IN A COUNTY IN WHICH THE CARRIER DID NOT OFFER A
26 HEALTH BENEFIT PLAN IN THE INDIVIDUAL OR SMALL GROUP MARKET IN
27 THE 2021 CALENDAR YEAR, EACH CARRIER THAT OFFERS THE
28 STANDARDIZED PLAN SHALL OFFER THE STANDARDIZED PLAN:
29 (A) IN THE INDIVIDUAL MARKET AT A PREMIUM RATE THAT IS AT
30 LEAST TWELVE PERCENT LESS THAN THE AVERAGE PREMIUM RATE FOR
31 INDIVIDUAL PLANS OFFERED IN THAT COUNTY IN 2021, CALCULATED
32 BASED ON THE AVERAGE PREMIUM RATE FOR INDIVIDUAL PLANS OFFERED
33 IN THAT COUNTY, AS ADJUSTED FOR MEDICAL INFLATION, PRIOR TO THE
34 APPLICATION OF THE COLORADO REINSURANCE PROGRAM PURSUANT TO
35 PART 11 OF THIS ARTICLE 16; AND
36 (B) IN THE SMALL GROUP MARKET AT A PREMIUM RATE THAT IS AT
37 LEAST TWELVE PERCENT LESS THAN THE AVERAGE PREMIUM RATE FOR
38 SMALL GROUP PLANS OFFERED IN THAT COUNTY IN 2021, AS ADJUSTED FOR
39 MEDICAL INFLATION.
40 (c) (I) IN THE INDIVIDUAL MARKET, FOR THE PLAN YEAR
41 BEGINNING JANUARY 1, 2025, AND IN THE SMALL GROUP MARKET,
42 BEGINNING JANUARY 1, 2025, EACH CARRIER SHALL OFFER THE
43 STANDARDIZED PLAN AT A PREMIUM RATE THAT IS AT LEAST EIGHTEEN
44 PERCENT LESS THAN THE PREMIUM RATE FOR HEALTH BENEFIT PLANS THAT
45 THE CARRIER OFFERED IN THE 2021 CALENDAR YEAR, AS ADJUSTED FOR
46 MEDICAL INFLATION, IN THE INDIVIDUAL AND SMALL GROUP MARKETS.
47 THE COMMISSIONER SHALL CALCULATE THE PREMIUM RATE REDUCTION
48 BASED ON THE RATES CHARGED IN THE SAME COUNTY IN WHICH THE
49 CARRIER OFFERED HEALTH BENEFIT PLANS IN THE INDIVIDUAL AND SMALL
50 GROUP MARKETS IN 2021 PRIOR TO THE APPLICATION OF THE COLORADO
51 REINSURANCE PROGRAM PURSUANT TO PART 11 OF THIS ARTICLE 16.
52 (II) FOR CARRIERS OFFERING THE STANDARDIZED PLAN IN THE
53 2025 PLAN YEAR IN A COUNTY IN WHICH THE CARRIER DID NOT OFFER A
54 HEALTH BENEFIT PLAN IN THE INDIVIDUAL OR SMALL GROUP MARKET IN
55 THE 2021 CALENDAR YEAR, EACH CARRIER THAT OFFERS THE
1 STANDARDIZED PLAN SHALL OFFER THE STANDARDIZED PLAN:
2 (A) IN THE INDIVIDUAL MARKET AT A PREMIUM RATE THAT IS AT
3 LEAST EIGHTEEN PERCENT LESS THAN THE AVERAGE PREMIUM RATE FOR
4 INDIVIDUAL PLANS OFFERED IN THAT COUNTY IN 2021, CALCULATED
5 BASED ON THE AVERAGE PREMIUM RATE FOR INDIVIDUAL PLANS OFFERED
6 IN THAT COUNTY, AS ADJUSTED FOR MEDICAL INFLATION, PRIOR TO THE
7 APPLICATION OF THE COLORADO REINSURANCE PROGRAM PURSUANT TO
8 PART 11 OF THIS ARTICLE 16; AND
9 (B) IN THE SMALL GROUP MARKET AT A PREMIUM RATE THAT IS AT
10 LEAST EIGHTEEN PERCENT LESS THAN THE AVERAGE PREMIUM RATE FOR
11 SMALL GROUP PLANS OFFERED IN THAT COUNTY IN 2021, AS ADJUSTED FOR
12 MEDICAL INFLATION.
13 (d) FOR THE PLAN YEAR BEGINNING ON OR AFTER JANUARY 1,
14 2026, AND EACH YEAR THEREAFTER, EACH CARRIER AND HEALTH-CARE
15 COVERAGE COOPERATIVE SHALL LIMIT ANY ANNUAL PERCENTAGE
16 INCREASE IN THE PREMIUM RATE FOR THE STANDARDIZED PLAN IN BOTH
17 THE INDIVIDUAL AND SMALL GROUP MARKETS TO A RATE THAT IS NO MORE
18 THAN MEDICAL INFLATION, RELATIVE TO THE PREVIOUS YEAR.
19 (3) THE PREMIUM RATE REQUIREMENTS IN SUBSECTIONS (2)(a),
20 (2)(b), AND (2)(c) OF THIS SECTION FOR THE STANDARDIZED PLAN OFFERED
21 IN THE INDIVIDUAL AND SMALL GROUP MARKETS MUST ACCOUNT FOR
22 POLICY ADJUSTMENTS DEEMED NECESSARY TO PREVENT PEOPLE WITH LOW
23 AND MODERATE INCOMES FROM EXPERIENCING NET INCREASES IN
24 PREMIUM COSTS.
25 (4) THE COMMISSIONS PAID TO INSURANCE PRODUCERS FOR THE
26 SALE OF THE STANDARDIZED PLAN MUST BE COMPARABLE TO THE
27 AVERAGE COMMISSIONS PAID FOR THE SALE OF OTHER PLANS OFFERED IN
28 THE INDIVIDUAL AND SMALL GROUP MARKETS.
29 10-16-1306. Rate filings - failure to meet premium
30 requirements - notice - public hearing. (1) (a) IN THE RATE FILINGS
31 REQUIRED PURSUANT TO SECTION 10-16-107, EACH CARRIER MUST FILE
32 RATES FOR THE STANDARDIZED PLAN AT THE PREMIUM RATES REQUIRED
33 IN SECTION 10-16-1305 (2).
34 (b) IF A CARRIER OR HEALTH-CARE PROVIDER ANTICIPATES THAT
35 THE CARRIER WILL BE UNABLE TO MEET NETWORK ADEQUACY STANDARDS
36 OR THE PREMIUM RATE REQUIREMENTS IN SECTION 10-16-1305 DUE TO A
37 REIMBURSEMENT RATE DISPUTE FOR THE STANDARDIZED PLAN, THE
38 CARRIER OR HEALTH-CARE PROVIDER MAY INITIATE NONBINDING
39 ARBITRATION PRIOR TO FILING RATES FOR THE STANDARDIZED PLAN. THE
40 RATE FILING DEADLINE ISSUED BY THE COMMISSIONER PURSUANT TO
41 SECTION 10-16-107 MUST STILL BE MET AND MAY NOT BE DELAYED DUE
42 TO ARBITRATION. THE COMMISSIONER SHALL NOT BE REQUIRED TO
43 PARTICIPATE OR OTHERWISE MANAGE ANY NONBINDING ARBITRATION
44 IMPLEMENTED UNDER THIS SECTION.
45 (2) IF A CARRIER IS UNABLE TO OFFER THE STANDARDIZED PLAN AS
46 REQUIRED BY SECTION 10-16-1305 (1) AT THE PREMIUM RATE REQUIRED
47 IN SECTION 10-16-1305 (2) IN ANY YEAR, THE CARRIER SHALL NOTIFY THE
48 COMMISSIONER OF THE REASONS WHY THE CARRIER IS UNABLE TO MEET
49 THE REQUIREMENTS AS FOLLOWS:
50 (a) FOR PREMIUM RATES APPLICABLE IN 2023, BY MAY 1, 2022;
51 AND
52 (b) FOR PREMIUM RATES APPLICABLE IN 2024 OR ANY SUBSEQUENT
53 YEAR, BY MARCH 1 OF THE YEAR PRECEDING THE YEAR IN WHICH THE
54 PREMIUMS RATES GO INTO EFFECT.
55
1 (3) (a) IF, ON OR AFTER JANUARY 1, 2023, AND PURSUANT TO
2 SUBSECTION (2) OF THIS SECTION, A CARRIER NOTIFIES THE COMMISSIONER
3 THAT THE CARRIER IS UNABLE TO OFFER THE STANDARDIZED PLAN AT THE
4 PREMIUM RATE REQUIRED IN SECTION 10-16-1305 (2) OR THE
5 COMMISSIONER OTHERWISE DETERMINES, WITH SUPPORT FROM AN
6 INDEPENDENT ACTUARY AND BASED ON A REVIEW OF THE RATE AND FORM
7 FILINGS, THAT A CARRIER HAS NOT MET THE PREMIUM RATE
8 REQUIREMENTS IN SECTION 10-16-1305 (2) OR THE NETWORK ADEQUACY
9 REQUIREMENTS, THE DIVISION SHALL HOLD A PUBLIC HEARING PRIOR TO
10 THE APPROVAL OF THE CARRIER'S FINAL RATES; EXCEPT THAT, FOR THE
11 PURPOSES OF HOLDING A PUBLIC HEARING, IF A CARRIER DOES NOT MEET
12 THE NETWORK ADEQUACY REQUIREMENTS IN SECTION 10-16-1304 (1)(g),
13 THE COMMISSIONER SHALL CONSIDER A CARRIER TO HAVE MET NETWORK
14 ADEQUACY REQUIREMENTS IF THE CARRIER FILES THE ACTION PLAN
15 REQUIRED IN SECTION 10-16-1304 (2)(b).
16 (b) INFORMATION SUBMITTED BY A PARTY FOR PURPOSES OF A
17 PUBLIC HEARING HELD PURSUANT TO SUBSECTION (3)(a) OF THIS SECTION
18 IS SUBJECT TO THE "COLORADO OPEN RECORDS ACT", PART 2 OF ARTICLE
19 72 OF TITLE 24.
20 (c) THE COMMISSIONER SHALL PROVIDE PUBLIC NOTICE AND
21 OPPORTUNITY TO TESTIFY AT THE PUBLIC HEARING TO ALL AFFECTED
22 PARTIES, INCLUDING CARRIERS, HOSPITALS, HEALTH-CARE PROVIDERS,
23 CONSUMER ADVOCACY ORGANIZATIONS, AND INDIVIDUALS. ALL AFFECTED
24 PARTIES SHALL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE
25 REGARDING THE CARRIER'S ABILITY TO MEET THE PREMIUM RATE
26 REQUIREMENTS AND THE NETWORK ADEQUACY REQUIREMENTS. THE
27 COMMISSIONER SHALL LIMIT THE EVIDENCE PRESENTED AT THE HEARING
28 TO INFORMATION THAT IS RELATED TO THE REASON THE CARRIER FAILED
29 TO MEET THE NETWORK ADEQUACY REQUIREMENTS OR THE PREMIUM RATE
30 REQUIREMENTS IN SECTION 10-16-1305 FOR THE STANDARDIZED PLAN IN
31 ANY SINGLE COUNTY.
32 (d) THE OFFICE OF THE INSURANCE OMBUDSMAN ESTABLISHED IN
33 SECTION 25.5-1-131 SHALL PARTICIPATE IN THE PUBLIC HEARINGS AND
34 REPRESENT THE INTERESTS OF CONSUMERS.
35 (4) BASED ON EVIDENCE PRESENTED AT A HEARING HELD
36 PURSUANT TO SUBSECTION (3) OF THIS SECTION AND OTHER AVAILABLE
37 DATA AND ACTUARIAL ANALYSIS, THE COMMISSIONER MAY:
38 (a) (I) ESTABLISH CARRIER REIMBURSEMENT RATES UNDER THE
39 STANDARDIZED PLAN FOR HOSPITAL SERVICES, IF NECESSARY, TO MEET
40 NETWORK ADEQUACY REQUIREMENTS OR THE PREMIUM RATE
41 REQUIREMENTS IN SECTION 10-16-1305.
42 (II) THE BASE REIMBURSEMENT RATE FOR HOSPITAL SERVICES
43 SHALL NOT BE LESS THAN ONE HUNDRED FIFTY-FIVE PERCENT OF THE
44 HOSPITAL'S MEDICARE REIMBURSEMENT RATE OR EQUIVALENT RATE.
45 (III) A HOSPITAL THAT IS AN ESSENTIAL ACCESS HOSPITAL OR THAT
46 IS INDEPENDENT AND NOT PART OF A HEALTH SYSTEM MUST RECEIVE A
47 TWENTY-PERCENTAGE-POINT INCREASE IN THE BASE REIMBURSEMENT
48 RATE.
49 (IV) A HOSPITAL THAT IS AN ESSENTIAL ACCESS HOSPITAL THAT IS
50 N O T P A R T O F A H E A L T H S Y S T E M M U S T R E C E I V E A
51 FORTY-PERCENTAGE-POINT INCREASE IN THE BASE REIMBURSEMENT RATE.
52 (V) A HOSPITAL WITH A COMBINED PERCENTAGE OF PATIENTS WHO
53 RECEIVE SERVICES THROUGH PROGRAMS ESTABLISHED THROUGH THE
54 "COLORADO MEDICAL ASSISTANCE ACT", ARTICLES 4 TO 6 OF TITLE 25.5,
55 OR MEDICARE, TITLE XVIII OF THE FEDERAL "SOCIAL SECURITY ACT", AS
1 AMENDED, THAT EXCEEDS THE STATEWIDE AVERAGE MUST RECEIVE UP TO
2 A THIRTY-PERCENTAGE-POINT INCREASE IN ITS BASE REIMBURSEMENT
3 RATE, WITH THE ACTUAL INCREASE TO BE DETERMINED BASED ON THE
4 HOSPITAL'S PERCENTAGE SHARE OF SUCH PATIENTS.
5 (VI) A HOSPITAL THAT IS EFFICIENT IN MANAGING THE
6 UNDERLYING COST OF CARE AS DETERMINED BY THE HOSPITAL'S TOTAL
7 MARGINS, OPERATING COSTS, AND NET PATIENT REVENUE MUST RECEIVE
8 UP TO A FORTY-PERCENTAGE-POINT INCREASE IN ITS BASE
9 REIMBURSEMENT RATE.
10 (VII) NOTWITHSTANDING SUBSECTIONS (4)(a)(III) TO (4)(a)(VI)
11 OF THIS SECTION, IN DETERMINING THE REIMBURSEMENT RATES FOR
12 HOSPITALS, THE COMMISSIONER MAY CONSULT WITH EMPLOYEE
13 MEMBERSHIP ORGANIZATIONS REPRESENTING HEALTH-CARE PROVIDERS'
14 EMPLOYEES IN COLORADO AND WITH HOSPITAL-BASED HEALTH-CARE
15 PROVIDERS IN COLORADO, AND SHALL TAKE INTO ACCOUNT THE COST OF
16 ADEQUATE WAGES, BENEFITS, STAFFING, AND TRAINING FOR HEALTH-CARE
17 EMPLOYEES TO PROVIDE CONTINUOUS QUALITY CARE.
18 (b) ESTABLISH REIMBURSEMENT RATES UNDER THE STANDARDIZED
19 PLAN, IF NECESSARY, FOR HEALTH-CARE PROVIDERS FOR CATEGORIES OF
20 SERVICES WITHIN THE GEOGRAPHIC SERVICE AREA FOR THE STANDARDIZED
21 PLAN TO MEET NETWORK ADEQUACY REQUIREMENTS OR THE PREMIUM
22 RATE REQUIREMENTS IN SECTION 10-16-1305 (2), WHICH RATES MAY NOT
23 BE LESS THAN ONE HUNDRED THIRTY-FIVE PERCENT OF THE MEDICARE
24 REIMBURSEMENT RATES WITHIN THE APPLICABLE GEOGRAPHIC REGION FOR
25 THE SAME SERVICES;
26 (c) REQUIRE HOSPITALS THAT ARE LICENSED PURSUANT TO
27 SECTION 25-1.5-103 TO ACCEPT THE REIMBURSEMENT RATES ESTABLISHED
28 PURSUANT TO SUBSECTION (4)(a) OF THIS SECTION IF NECESSARY TO
29 ENSURE THE STANDARDIZED PLAN MEETS THE PREMIUM RATE
30 REQUIREMENTS AND THE NETWORK ADEQUACY REQUIREMENTS;
31 (d) (I) REQUIRE HEALTH-CARE PROVIDERS TO ACCEPT THE
32 REIMBURSEMENT RATES ESTABLISHED PURSUANT TO SUBSECTION (4)(b)
33 OF THIS SECTION, IF NECESSARY, TO ENSURE THE STANDARDIZED PLAN
34 MEETS THE PREMIUM RATE REQUIREMENTS AND THE NETWORK ADEQUACY
35 REQUIREMENTS.
36 (II) THE COMMISSIONER SHALL NOT REQUIRE A HEALTH-CARE
37 PROVIDER, OTHER THAN A HOSPITAL THAT PROVIDES A MAJORITY OF
38 COVERED PROFESSIONAL SERVICES THROUGH A SINGLE, CONTRACTED
39 MEDICAL GROUP FOR A NONPROFIT, NONGOVERNMENTAL HEALTH
40 MAINTENANCE ORGANIZATION, TO CONTRACT WITH ANY OTHER CARRIER;
41 AND
42 (e) REQUIRE THE CARRIER TO OFFER THE STANDARDIZED PLAN IN
43 SPECIFIC COUNTIES WHERE NO CARRIER IS OFFERING THE STANDARDIZED
44 PLAN IN THAT PLAN YEAR IN EITHER THE INDIVIDUAL OR SMALL GROUP
45 MARKET. IN DETERMINING WHETHER THE CARRIER IS REQUIRED TO OFFER
46 THE STANDARDIZED PLAN IN A SPECIFIC COUNTY, THE COMMISSIONER
47 SHALL CONSIDER:
48 (I) THE CARRIER'S STRUCTURE, THE NUMBER OF COVERED LIVES
49 THE CARRIER HAS IN ALL LINES OF BUSINESS IN EACH COUNTY, AND THE
50 CARRIER'S EXISTING SERVICE AREAS; AND
51 (II) ALTERNATIVE HEALTH-CARE COVERAGE AVAILABLE IN EACH
52 COUNTY, INCLUDING HEALTH-CARE COVERAGE COOPERATIVES.
53
1 (5) A CARRIER OR HEALTH-CARE PROVIDER MAY APPEAL A
2 DECISION BY THE COMMISSIONER MADE PURSUANT TO SUBSECTION (4) OF
3 THIS SECTION TO THE DISTRICT COURT IN THE APPLICABLE JURISDICTION.
4 THE DECISION OF THE COMMISSIONER IS A FINAL AGENCY ACTION SUBJECT
5 TO JUDICIAL REVIEW PURSUANT TO SECTION 24-4-106 (6).
6 (6) NOTWITHSTANDING SUBSECTION (4) OF THIS SECTION, THE
7 COMMISSIONER SHALL NOT SET THE REIMBURSEMENT RATES FOR:
8 (a) A HOSPITAL AT LESS THAN ONE HUNDRED SIXTY-FIVE PERCENT
9 OF THE MEDICARE REIMBURSEMENT RATE OR THE EQUIVALENT RATE; AND
10 (b) ANY HOSPITAL FOR ANY PLAN YEAR AT AN AMOUNT THAT IS
11 MORE THAN TWENTY PERCENT LOWER THAN THE RATE NEGOTIATED
12 BETWEEN THE CARRIER AND THE HOSPITAL FOR THE PREVIOUS PLAN YEAR.
13 (7) NOTWITHSTANDING SUBSECTIONS (4) AND (6) OF THIS SECTION,
14 FOR A HOSPITAL WITH A NEGOTIATED REIMBURSEMENT RATE THAT IS
15 LOWER THAN TEN PERCENT OF THE STATEWIDE HOSPITAL MEDIAN
16 REIMBURSEMENT RATE MEASURED AS A PERCENTAGE OF MEDICARE FOR
17 THE 2021 PLAN YEAR USING DATA FROM THE COLORADO ALL-PAYER
18 CLAIMS DATABASE DESCRIBED IN SECTION 25.5-1-204, THE COMMISSIONER
19 SHALL SET THE REIMBURSEMENT RATE FOR THAT HOSPITAL AT NO LESS
20 THAN THE GREATER OF:
21 (a) THE HOSPITAL'S COMMERCIAL REIMBURSEMENT RATE AS A
22 PERCENTAGE OF MEDICARE MINUS ONE-THIRD OF THE DIFFERENCE
23 BETWEEN THE HOSPITAL'S 2021 COMMERCIAL REIMBURSEMENT RATE AS
24 A PERCENTAGE OF MEDICARE AND THE RATE ESTABLISHED BY SUBSECTION
25 (4) OF THIS SECTION;
26 (b) ONE HUNDRED SIXTY-FIVE PERCENT OF THE HOSPITAL'S
27 MEDICARE REIMBURSEMENT RATE OR EQUIVALENT RATE; OR
28 (c) THE RATE ESTABLISHED BY SUBSECTION (4) OF THIS SECTION.
29 (8) FOR THE PURPOSE OF MAKING THE DETERMINATION IN
30 SUBSECTION (3) OF THIS SECTION:
31 (a) A HEALTH-CARE COVERAGE COOPERATIVE, AND A CARRIER
32 OFFERING HEALTH BENEFIT PLANS UNDER AGREEMENT WITH THE
33 HEALTH-CARE COVERAGE COOPERATIVE, THAT HAS OFFERED ONE OR MORE
34 HEALTH BENEFIT PLANS TO PURCHASERS IN THE INDIVIDUAL AND SMALL
35 GROUP MARKETS THAT PREVIOUSLY ACHIEVED AND MAINTAINED AT LEAST
36 AN EIGHTEEN PERCENT REDUCTION IN PREMIUM RATES, REGARDLESS OF
37 THE FIRST YEAR THE HEALTH BENEFIT PLANS WERE OFFERED, SHALL BE
38 DEEMED BY THE COMMISSIONER AS HAVING MET THE REQUIREMENTS FOR
39 CARRIERS IN SECTIONS 10-16-1304 AND 10-16-1305 WITH RESPECT TO THE
40 COUNTIES IN WHICH THE INDIVIDUAL AND SMALL GROUP PLANS ARE BEING
41 OFFERED BY THE HEALTH-CARE COVERAGE COOPERATIVE.
42 (b) THE COMMISSIONER SHALL TAKE INTO ACCOUNT:
43 (I) ANY ACTUARIAL DIFFERENCES BETWEEN THE STANDARDIZED
2021 44 PLAN AND THE HEALTH BENEFIT PLANS THE CARRIER OFFERED IN THE
45 CALENDAR YEAR;
46 (II) ANY CHANGES TO THE STANDARDIZED PLAN; AND
47 (III) STATE OR FEDERAL HEALTH BENEFIT COVERAGE MANDATES
48 IMPLEMENTED AFTER THE 2021 PLAN YEAR.
49 (9) IF THE 1332 WAIVER APPLIED FOR PURSUANT TO SECTION
50 10-16-1308 IS DENIED, SUSPENDED, OR OTHERWISE RESCINDED, THE
51 COMMISSIONER IS REQUIRED TO SET THE PREMIUM RATE REQUIREMENTS
52 TO MAXIMIZE SUBSIDIES FOR COLORADANS.
53
1 (10) A HOSPITAL OR A HEALTH-CARE PROVIDER IN COLORADO
2 SHALL NOT BALANCE BILL CONSUMERS ENROLLED IN THE STANDARDIZED
3 PLAN AND SHALL ACCEPT THE REIMBURSEMENT RATES ESTABLISHED BY
4 THE COMMISSIONER PURSUANT TO SUBSECTION (4) OF THIS SECTION, IF
5 APPLICABLE, FOR THE SERVICE PROVIDED TO THE CONSUMER.
6 (11) (a) THE COMMISSIONER SHALL ONLY SET REIMBURSEMENT
7 RATES PURSUANT TO THIS SECTION FOR HOSPITALS OR HEALTH-CARE
8 PROVIDERS THAT:
9 (I) PREVENTED A CARRIER FROM MEETING THE PREMIUM RATE
10 REQUIREMENTS FOR A STANDARDIZED PLAN BEING OFFERED IN A SPECIFIC
11 COUNTY; OR
12 (II) CAUSED THE CARRIER TO FAIL TO MEET NETWORK ADEQUACY
13 REQUIREMENTS.
14 (b) THE CARRIER SHALL PROVIDE THE COMMISSIONER WITH
15 REASONABLE INFORMATION NECESSARY TO IDENTIFY WHICH HOSPITALS OR
16 HEALTH-CARE PROVIDERS WERE THE CAUSE OF THE CARRIER'S FAILURE TO
17 MEET THE PREMIUM RATE REQUIREMENTS OR TO MEET NETWORK
18 ADEQUACY REQUIREMENTS.
19 (12) THE COMMISSIONER SHALL NOT USE THE FAILURE OF A
20 CARRIER TO MEET THE PREMIUM RATE REQUIREMENTS FOR THE
21 STANDARDIZED PLAN IN A COUNTY AS A REASON TO DENY PREMIUM RATES
22 FOR A NONSTANDARDIZED PLAN OF A CARRIER IN THAT COUNTY.
23 10-16-1307. Advisory board - members - rules. (1) (a) THE
24 COMMISSIONER SHALL CONSULT WITH AN ADVISORY BOARD TO IMPLEMENT
25 THIS PART 13. THE GOVERNOR SHALL APPOINT THE MEMBERS OF THE
26 ADVISORY BOARD ON OR BEFORE JULY 1, 2022, AND SHALL ENSURE THAT
27 THE MEMBERSHIP OF THE ADVISORY BOARD HAS DEMONSTRATED
28 EXPERIENCE AND EXPERTISE IN MOST OF THE AREAS LISTED IN SUBSECTION
29 (2) OF THIS SECTION.
30 (b) TO THE EXTENT POSSIBLE, THE GOVERNOR SHALL APPOINT
31 ADVISORY BOARD MEMBERS WHO ARE DIVERSE WITH REGARD TO RACE,
32 ETHNICITY, IMMIGRATION STATUS, AGE, ABILITY, SEXUAL ORIENTATION,
33 GENDER IDENTITY, AND GEOGRAPHY. IN CONSIDERING THE RACIAL AND
34 ETHNIC DIVERSITY OF THE ADVISORY BOARD, THE GOVERNOR SHALL
35 ATTEMPT TO ENSURE THAT AT LEAST ONE-THIRD OF THE MEMBERS ARE
36 PEOPLE OF COLOR. IN CONSIDERING THE GEOGRAPHIC DIVERSITY OF THE
37 ADVISORY BOARD, THE GOVERNOR SHALL ATTEMPT TO APPOINT MEMBERS
38 FROM BOTH RURAL AND URBAN AREAS OF THE STATE.
39 (2) THE GOVERNOR MAY APPOINT UP TO ELEVEN MEMBERS TO THE
40 ADVISORY BOARD AND, TO THE EXTENT PRACTICABLE, SHALL INCLUDE
41 INDIVIDUALS WHO:
42 (a) HAVE FACED BARRIERS TO HEALTH ACCESS, INCLUDING PEOPLE
43 OF COLOR, IMMIGRANTS, AND COLORADANS WITH LOW INCOMES;
44 (b) HAVE EXPERIENCE PURCHASING THE STANDARDIZED PLAN;
45 (c) REPRESENT CONSUMER ADVOCACY ORGANIZATIONS;
46 (d) HAVE EXPERTISE IN HEALTH EQUITY;
47 (e) HAVE EXPERTISE IN HEALTH BENEFITS FOR SMALL BUSINESSES;
48 (f) REPRESENT CARRIERS OR WHO HAVE EXPERIENCE WITH
49 DESIGNING A HEALTH INSURANCE PLAN AND SETTING RATES;
50 (g) REPRESENT HOSPITALS OR WHO HAVE EXPERIENCE WITH
51 CONTRACTS BETWEEN HOSPITALS AND CARRIERS;
52 (h) REPRESENT HEALTH-CARE PROVIDERS OR WHO HAVE
53 EXPERIENCE WITH CONTRACTS BETWEEN HEALTH-CARE PROVIDERS AND
54 CARRIERS; OR
55
1 (i) REPRESENT AN EMPLOYEE ORGANIZATION THAT REPRESENTS
2 EMPLOYEES IN THE HEALTH-CARE INDUSTRY.
3 (3) THE MEMBERS SERVE AT THE PLEASURE OF THE GOVERNOR.
4 (4) IN ADDITION TO CONSULTING WITH THE COMMISSIONER
5 PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION, THE ADVISORY BOARD
6 MAY:
7 (a) CONSIDER RECOMMENDATIONS TO STREAMLINE PRIOR
8 AUTHORIZATION AND UTILIZATION MANAGEMENT PROCESSES FOR THE
9 STANDARDIZED PLAN;
10 (b) RECOMMEND WAYS TO KEEP HEALTH-CARE SERVICES IN THE
11 COMMUNITIES WHERE PATIENTS LIVE; AND
12 (c) CONSIDER WHETHER ALTERNATIVE PAYMENT MODELS MAY BE
13 APPROPRIATE FOR PARTICULAR SERVICES, TAKING INTO CONSIDERATION
14 THE IMPACTS OF SUCH MODELS ON HEALTH OUTCOMES FOR PEOPLE OF
15 COLOR.
16 (5) THE DIVISION SHALL PROVIDE TECHNICAL AND
17 ADMINISTRATIVE SUPPORT TO ASSIST THE ADVISORY BOARD.
18 10-16-1308. Federal waiver - commissioner application - use
19 of money. (1) ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, THE
20 COMMISSIONER MAY APPLY TO THE SECRETARY OF THE UNITED STATES
21 DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR A STATE INNOVATION
22 WAIVER TO WAIVE ONE OR MORE REQUIREMENTS OF THE FEDERAL ACT AS
23 AUTHORIZED BY SECTION 1332 OF THE FEDERAL ACT TO CAPTURE ALL
24 APPLICABLE SAVINGS TO THE FEDERAL GOVERNMENT AS A RESULT OF THE
25 IMPLEMENTATION OF THIS PART 13.
26 (2) (a) UPON APPROVAL OF THE 1332 WAIVER APPLICATION, THE
27 COMMISSIONER MAY USE ANY FEDERAL MONEY RECEIVED THROUGH THE
28 WAIVER FOR THE IMPLEMENTATION OF THIS PART 13 OR FOR THE
29 COLORADO HEALTH INSURANCE AFFORDABILITY ENTERPRISE CREATED IN
30 SECTION 10-16-1204. THE COMMISSIONER MAY ALLOCATE FEDERAL
31 MONEY TO THE HEALTH INSURANCE AFFORDABILITY CASH FUND CREATED
32 IN SECTION 10-16-1206 FOR USE BY THE COLORADO HEALTH INSURANCE
33 AFFORDABILITY ENTERPRISE TO IN

House Journal, May 4
41 HB21-1232 be amended as follows, and as so amended, be referred to
42 the Committee of the Whole with favorable
43 recommendation:
44
45 Amend the Health & Insurance committee report, dated 04/27/2021, page
46 19, after line 8 insert:
47
48 "SECTION 8. Appropriation. (1) For the 2021-22 state fiscal
49 year, $1,199,637 is appropriated to the department of regulatory agencies.
50 This appropriation is from the division of insurance cash fund created in
51 section 10-1-103 (3), C.R.S. To implement this act, the department may
52 use this appropriation as follows:
52 (a) $948,667 for use by the division of insurance for 53 personal
54 services, which is based on an assumption that the division will require
55 an additional 5.4 FTE;
1 (b) $38,290 for use by the division of insurance for operating
2 expenses; and
3 (c) $212,680 for use by the executive director's office and
4 administrative services for the purchase of legal services.
5 (2) For the 2021-22 state fiscal year, $212,680 is appropriated to
6 the department of law. This appropriation is from reappropriated funds
7 received from the department of regulatory agencies under subsection
8 (1)(c) of this section and is based on an assumption that the department
9 of law will require an additional 1.1 FTE. To implement this act, the
10 department of law may use this appropriation to provide legal services for
11 the department of regulatory agencies.
12 (3) For the 2021-22 state fiscal year, $78,993 is appropriated to
13 the department of health care policy and financing for use by the
14 executive director's office. This appropriation is from the general fund.
15 To implement this act, the office may use this appropriation as follows:
16 (a) $65,243 for personal services, which amount is based on an
17 assumption that the office will require an additional 0.8 FTE; and
18 (b) $13,750 for operating expenses.".
19
20 Page 19 of the committee report, line 9, strike "8." and substitute "9.".
21
22 Page 19 of the committee report, after line 11 insert:
23
24 "Page 1 of the bill, line 102, strike "COLORADO." and substitute
25 "COLORADO, AND, IN CONNECTION THEREWITH, MAKING AN
26 APPROPRIATION.".".
27
28

House Journal, May 6
39 Amendment No. 1, Appropriations Report, dated May 4, 2021, and placed
40 in member's bill file; Report also printed in House Journal, May 4, 2021.
41
42 Amendment recommended by Health & Insurance Report, dated April 27,
43 2021, and placed in member's bill file; Report also printed in House
44 Journal, April 28, 2021.

House Journal, May 6
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 recommended by Health & Insurance Report, dated April 27,
28 2021, and placed in member's bill file; Report also printed in House
29 Journal, April 28, 2021.

House Journal, May 7
13 Amendment No. 1, House Journal, May 6, 2021, page 1106.
14
15 Amendment No. 2, Health & Insurance Report, dated April 27, 2021, and
16 placed in member's bill file; Report also printed in House Journal,
17 April 28, 2021.
18
19 Amendment No. 3, by Representative Roberts.
20
21 Amend the Health and Insurance Committee Report, dated April 27,
22 2021, page 14, line 12, strike "OR".
23
24 Page 14, line 14, strike "INDUSTRY." and substitute "INDUSTRY; OR
25 (j) ARE LICENSED OR RETIRED PHYSICIANS PRACTICING OR WHO
26 PRACTICED IN THIS STATE.".
27
28 Amendment No. 4, by Representative Roberts.
29
30 Amend the Health and Insurance Committee Report, dated April 27,
31 2021, page 15, line 33, strike "WORKERS." and substitute "WORKERS AND
32 AS IT RELATES TO PROVIDER WORKLOAD, INCLUDING ANY IMPACT ON THE
33 SIZE OF THE PROVIDER PANELS, IF AVAILABLE.".
34
35 Amendment No. 5, by Representative Roberts.
36
37 Amend the Health and Insurance Committee Report, dated April 27,
38 2021, page 2, after line 25 insert:
39
40 "(3) (a) "EQUIVALENT RATE" MEANS, FOR A HOSPITAL THAT IS A
41 PEDIATRIC SPECIALTY HOSPITAL WITH A LEVEL ONE TRAUMA CENTER, THE
42 PAYMENT RATE DETERMINED BY THE MEDICAID FEE SCHEDULE FOR THE
43 HOSPITAL FROM THE MOST RECENT YEAR FOR WHICH A COMPLETE SET OF
44 HOSPITAL FINANCIAL DATA IS PUBLICLY AVAILABLE UPON THE EFFECTIVE
45 DATE OF THIS PART 13, MULTIPLIED BY A CONVERSION FACTOR EQUAL TO
46 THE RATIO OF THE STATEWIDE PAYMENT TO COST RATIO FOR MEDICARE TO
47 THE HOSPITAL'S SPECIFIC PAYMENT COST RATIO FOR THE MOST RECENT
48 SET OF PUBLICLY AVAILABLE HOSPITAL FINANCIAL DATA UPON THE
49 EFFECTIVE DATE OF THIS PART 13, WHICH IS 1.52.
50 (b) IN ANY GIVEN YEAR, THE RATE IN SUBSECTION (3)(a) OF THIS
51 SECTION MUST BE ADJUSTED ANNUALLY FOR CUMULATIVE INFLATION BY
52 A FACTOR EQUAL TO THE AVERAGE PERCENTAGE INCREASE IN THE
53 MEDICARE INPATIENT AND OUTPATIENT PROSPECTIVE PAYMENT SYSTEMS
54 OVER THE PREVIOUS THREE YEARS.".
55
56 Renumber succeeding subsections accordingly.
1 Page 10, after line 14 insert:
2
3 "(V) A HOSPITAL THAT IS A PEDIATRIC SPECIALTY HOSPITAL WITH
4 A LEVEL ONE PEDIATRIC TRAUMA CENTER MUST RECEIVE A
5 FIFTY-FIVE-PERCENTAGE-POINT INCREASE IN THE BASE REIMBURSEMENT
6 RATE, AND IS NOT ELIGIBLE FOR ADDITIONAL FACTORS UNDER THIS
7 SUBSECTION (4).".
8
9 Renumber succeeding subparagraphs accordingly.
10
11 Page 10, line 28, strike "(4)(a)(VI)" and substitute "(4)(a)(VII)".
12
13 Page 16, line 37, strike "(13)," and substitute "(14),".
14
15 Page 17, line 28, strike "(13)," and substitute "(14),".
16
17 Amendment No. 6, by Representative Roberts.
18
19 Amend the Health and Insurance Committee Report, dated April 27,
20 2021, page 17, line 40, after "DOLLARS" insert "PER CALENDAR YEAR".
21
22 Amendment No. 7, by Representative Roberts.
23
24 Amend the Health and Insurance Committee Report, dated April 27,
25 2021, page 11, strike lines 30 through 34.
26
27 Renumber succeeding subsections accordingly.
28
29 Page 12, line 1, strike "(6)" and substitute "(5)".
30
31 Page 12, after line 16 insert:
32
33 "(7) A CARRIER OR HEALTH-CARE PROVIDER MAY APPEAL A
34 DECISION BY THE COMMISSIONER MADE PURSUANT TO SUBSECTION (4) OF
35 THIS SECTION TO THE DISTRICT COURT IN THE APPLICABLE JURISDICTION.
36 THE DECISION OF THE COMMISSIONER IS A FINAL AGENCY ACTION SUBJECT
37 TO JUDICIAL REVIEW PURSUANT TO SECTION 24-4-106 (6).".
38
39 Amendment No. 8, by Representative Roberts.
40
41 Amend the Health and Insurance Committee Report, dated April 27,
42 2021, page 13, line 2, after "PLAN" insert "FOR SERVICES COVERED BY THE
43 STANDARDIZED PLAN".
44
45 Amendment No. 9, by Representative Roberts.
46
47 Amend the Health and Insurance Committee Report, dated April 27,
48 2021, page 15, line 3, after "10-16-1206" insert "FOR THE PURPOSES
49 DESCRIBED IN SECTION 10-16-1205 (1)(b)".
50
51 Amendment No. 10, by Representative Roberts.
52
53 Amend the Health and Insurance Committee Report, dated April 27,
54 2021, page 8, line 21, strike "hearing." and substitute "hearing - rules.".
55
56
1 Page 12, before line 1 insert:
2
3 "(7) (a) THE COMMISSIONER SHALL PROMULGATE RULES TO
4 ENSURE THAT THERE IS NOT AN UNFAIR COMPETITIVE ADVANTAGE FOR A
5 CARRIER THAT INTENDS TO OFFER THE STANDARDIZED PLAN IN THE
6 INDIVIDUAL OR SMALL GROUP MARKET IN A COUNTY WHERE IT HAS NOT
7 PREVIOUSLY OFFERED HEALTH BENEFIT PLANS IN THAT MARKET OR WITH
8 A HOSPITAL WITH WHICH THE CARRIER HAS NOT PREVIOUSLY HAD A
9 CONTRACT.
10 (b) THE RULES PROMULGATED PURSUANT TO THIS SUBSECTION (7)
11 MUST ALIGN WITH THE HOSPITAL REIMBURSEMENT METHODOLOGIES
12 DESCRIBED IN SUBSECTIONS (4), (5), AND (6) OF THIS SECTION.".
13
14 Renumber succeeding subsections accordingly.
15
16 As amended, ordered engrossed and placed on the Calendar for Third
17 Reading and Final Passage.

House Journal, May 7
27 Amend the Health and Insurance Committee Report, dated April 27,
28 2021, page 16, strike lines 24 through 29 and substitute:
29
30 "10-16-1313. Nonseverability. IF ANY PROVISION OF THIS PART
31 13 IS HELD INVALID, SUCH INVALIDITY INVALIDATES THIS PART 13 IN ITS
32 ENTIRETY, AND TO THIS END THE PROVISIONS OF THIS PART 13 ARE
33 DECLARED TO BE NONSEVERABLE.".
34
35 The amendment was declared lost by the following roll call vote:
36
37 YES 23 NO 37 EXCUSED 5 ABSENT
38 Amabile N Exum N Lynch Y Sirota N
39 Bacon N Froelich N McCluskie N Snyder N
40 Baisley Y Geitner Y McCormick E Soper Y
41 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan N
42 Bernett N Gray N McLachlan N Tipper N
43 Bird N Hanks Y Michaelson Jenet N Titone N
44 Bockenfeld Y Herod E Mullica N Valdez A. N
45 Boesenecker N Holtorf Y Neville E Valdez D. N
46 Bradfield Y Hooton E Ortiz N Van Beber Y
47 Caraveo E Jackson N Pelton Y Van Winkle Y
48 Carver Y Jodeh N Pico Y Weissman N
49 Catlin Y Kennedy N Ransom Y Will Y
50 Cutter N Kipp N Rich Y Williams Y
51 Daugherty N Larson Y Ricks N Woodrow N
52 Duran N Lontine N Roberts N Woog Y
53 Esgar N Luck Y Sandridge Y Young N
54 Speaker N
55
1 Representative Lynch moved to amend the Report of the Committee of
2 the Whole to show that L.068 the following Lynch amendment to

House Journal, May 7
5 Amend the Health and Insurance Committee Report, dated April 27,
6 2021, page 1, after line 2 insert:
7
8 "SECTION 1. In Colorado Revised Statutes, 10-1-104, amend
9 (1) as follows:
10 10-1-104. Commissioner of insurance - other employees.
11 (1) The commissioner of insurance is the head of the division of
12 insurance. The commissioner shall be appointed by, and serve at the
13 pleasure of, the governor, subject to confirmation of the appointment by
14 the senate pursuant to section 23 of article IV of the state constitution.
15 The commissioner shall be a person well versed in insurance, and an
16 elector of the state of Colorado, and shall have no pecuniary interest in
17 any insurance company or agency directly or indirectly other than as a
18 policyholder A GENERAL ELECTION FOR THE COMMISSIONER OF
19 INSURANCE SHALL BE HELD ON THE FIRST TUESDAY AFTER THE FIRST
20 MONDAY IN NOVEMBER IN EACH EVEN-NUMBERED YEAR, AT SUCH PLACES
21 IN EACH COUNTY AS NOW ARE OR HEREAFTER MAY BE PROVIDED BY LAW.
22 ANY VACANCY OCCURRING BY DEATH, RESIGNATION, OR OTHERWISE
23 SHALL BE FILLED IN A MANNER PRESCRIBED BY LAW.".
24
25 Renumber succeeding sections accordingly.
26
27 Page 1, line 3, strike ""SECTION" and substitute "SECTION".
28
29 The amendment was declared lost by the following roll call vote:
30
31 YES 23 NO 37 EXCUSED 5 ABSENT
32 Amabile N Exum N Lynch Y Sirota N
33 Bacon N Froelich N McCluskie N Snyder N
34 Baisley Y Geitner Y McCormick E Soper Y
35 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan N
36 Bernett N Gray N McLachlan N Tipper N
37 Bird N Hanks Y Michaelson Jenet N Titone N
38 Bockenfeld Y Herod E Mullica N Valdez A. N
39 Boesenecker N Holtorf Y Neville E Valdez D. N
40 Bradfield Y Hooton E Ortiz N Van Beber Y
41 Caraveo E Jackson N Pelton Y Van Winkle Y
42 Carver Y Jodeh N Pico Y Weissman N
43 Catlin Y Kennedy N Ransom Y Will Y
44 Cutter N Kipp N Rich Y Williams Y
45 Daugherty N Larson Y Ricks N Woodrow N
46 Duran N Lontine N Roberts N Woog Y
47 Esgar N Luck Y Sandridge Y Young N
48 Speaker N

House Journal, May 7
1 Amend the Health and Insurance Committee Report, dated April 27,
2 2021, page 17, strike lines 21 through 41.
3
4 Page 18, strike lines 1 through 30.
5
6 Renumber succeeding sections accordingly.
7
8 The amendment was declared lost by the following roll call vote:
9
10 YES 23 NO 37 EXCUSED 5 ABSENT
11 Amabile N Exum N Lynch Y Sirota N
12 Bacon N Froelich N McCluskie N Snyder N
13 Baisley Y Geitner Y McCormick E Soper Y
14 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan N
15 Bernett N Gray N McLachlan N Tipper N
16 Bird N Hanks Y Michaelson Jenet N Titone N
17 Bockenfeld Y Herod E Mullica N Valdez A. N
18 Boesenecker N Holtorf Y Neville E Valdez D. N
19 Bradfield Y Hooton E Ortiz N Van Beber Y
20 Caraveo E Jackson N Pelton Y Van Winkle Y
21 Carver Y Jodeh N Pico Y Weissman N
22 Catlin Y Kennedy N Ransom Y Will Y
23 Cutter N Kipp N Rich Y Williams Y
24 Daugherty N Larson Y Ricks N Woodrow N
25 Duran N Lontine N Roberts N Woog Y
26 Esgar N Luck Y Sandridge Y Young N
27 Speaker N

House Journal, May 7
35 Amend the Health and Insurance Committee Report, dated April 27,
36 2021, page 3, strike lines 2 through 8 and substitute:
37
38 "(9) "MEDICAL COST TREND" MEANS THE PROJECTED PERCENTAGE
39 INCREASE IN THE COST TO TREAT PATIENTS FROM ONE YEAR TO THE NEXT,
40 WHICH ESTIMATES THE PROJECTED INCREASE IN PER CAPITA COSTS OF
41 MEDICAL SERVICES.".
42
43 Strike "INFLATION" and substitute "COST TREND" on Page 6, lines 8, 24,
44 29, and 36; Page 7, lines 10, 16, 23, and 38; and Page 8, lines 3 and 9.
45
46 The amendment was declared lost by the following roll call vote:
47
48 YES 23 NO 37 EXCUSED 5 ABSENT
49 Amabile N Exum N Lynch Y Sirota N
50 Bacon N Froelich N McCluskie N Snyder N
51 Baisley Y Geitner Y McCormick E Soper Y
52 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan N
53 Bernett N Gray N McLachlan N Tipper N
54 Bird N Hanks Y Michaelson Jenet N Titone N
55 Bockenfeld Y Herod E Mullica N Valdez A. N
1 Boesenecker N Holtorf Y Neville E Valdez D. N
2 Bradfield Y Hooton E Ortiz N Van Beber Y
3 Caraveo E Jackson N Pelton Y Van Winkle Y
4 Carver Y Jodeh N Pico Y Weissman N
5 Catlin Y Kennedy N Ransom Y Will Y
6 Cutter N Kipp N Rich Y Williams Y
7 Daugherty N Larson Y Ricks N Woodrow N
8 Duran N Lontine N Roberts N Woog Y
9 Esgar N Luck Y Sandridge Y Young N
10 Speaker N

House Journal, May 7
18 Amend the Health and Insurance Committee Report, dated April 27,
19 2021, page 3, strike line 32 and substitute "COUNTIES IN THIS STATE
20 WHERE THERE IS NOT A HEALTH BENEFIT PLAN AVAILABLE IN THE
21 INDIVIDUAL AND SMALL GROUP MARKETS. THE".
22
23 Page 5, strike line 35 and substitute "IN EACH COUNTY WHERE THERE IS
24 NOT AN INDIVIDUAL HEALTH".
25
26 Page 5, line 36, after "PLAN" insert "AVAILABLE".
27
28 Page 5, strike line 40 and substitute "MARKET IN EACH COUNTY WHERE
29 THERE IS NOT A SMALL GROUP".
30
31 Page 5, line 41, after "PLAN" insert "AVAILABLE".
32
33 Page 6, line 2, strike "(2) (a) (I)" and substitute "(2)".
34
35 Page 6, strike lines 9 through 29.
36
37 Page 6, line 30, strike "(b) (I)" and substitute "(b)".
38
39 Page 7, strike lines 1 through 16.
40
41 Page 7, line 17, strike "(c) (I)" and substitute "(c)".
42
43 Page 7, strike lines 24 through 41.
44
45 Page 8, strike lines 1 through 3.
46
47 Page 11, strike lines 19 through 29.
48
49 The amendment was declared lost by the following roll call vote:
50
51 YES 23 NO 37 EXCUSED 5 ABSENT
52 Amabile N Exum N Lynch Y Sirota N
53 Bacon N Froelich N McCluskie N Snyder N
54 Baisley Y Geitner Y McCormick E Soper Y
55 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan N
1 Bernett N Gray N McLachlan N Tipper N
2 Bird N Hanks Y Michaelson Jenet N Titone N
3 Bockenfeld Y Herod E Mullica N Valdez A. N
4 Boesenecker N Holtorf Y Neville E Valdez D. N
5 Bradfield Y Hooton E Ortiz N Van Beber Y
6 Caraveo E Jackson N Pelton Y Van Winkle Y
7 Carver Y Jodeh N Pico Y Weissman N
8 Catlin Y Kennedy N Ransom Y Will Y
9 Cutter N Kipp N Rich Y Williams Y
10 Daugherty N Larson Y Ricks N Woodrow N
11 Duran N Lontine N Roberts N Woog Y
12 Esgar N Luck Y Sandridge Y Young N
13 Speaker N

House Journal, May 7
21 Amend the Health and Insurance Committee Report, dated April 27,
22 2021, page 8, lines 36 and 37, strike "AS REQUIRED BY" and substitute "AT
23 THE GOALS SET FORTH IN".
24
25 Page 9, line 8, strike "REQUIRED" and substitute "SET FORTH".
26
27 Page 9, line 12, strike "REQUIREMENTS" and substitute "GOALS".
28
29 Page 9, line 41, after "ANALYSIS," insert "THE COMMISSIONER SHALL
30 APPROVE THE CARRIER'S RATES FOR THE STANDARDIZED PLAN IF THE
31 RATES ARE ACTUARIALLY SOUND. IF THE RATES ARE NOT ACTUARIALLY
32 SOUND,".
33
34 Strike "OFFER" and substitute "SET A GOAL OF OFFERING" on: Page 6, lines
35 4, 18, and 32; Page 7, lines 5, 19, and 33.
36
37 The amendment was declared lost by the following roll call vote:
38
39 YES 23 NO 37 EXCUSED 5 ABSENT
40 Amabile N Exum N Lynch Y Sirota N
41 Bacon N Froelich N McCluskie N Snyder N
42 Baisley Y Geitner Y McCormick E Soper Y
43 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan N
44 Bernett N Gray N McLachlan N Tipper N
45 Bird N Hanks Y Michaelson Jenet N Titone N
46 Bockenfeld Y Herod E Mullica N Valdez A. N
47 Boesenecker N Holtorf Y Neville E Valdez D. N
48 Bradfield Y Hooton E Ortiz N Van Beber Y
49 Caraveo E Jackson N Pelton Y Van Winkle Y
50 Carver Y Jodeh N Pico Y Weissman N
51 Catlin Y Kennedy N Ransom Y Will Y
52 Cutter N Kipp N Rich Y Williams Y
53 Daugherty N Larson Y Ricks N Woodrow N
1 Duran N Lontine N Roberts N Woog Y
2 Esgar N Luck Y Sandridge Y Young N
3 Speaker N

House Journal, May 7
11 Amend the Health and Insurance Committee Report, dated April 27,
12 2021, page 3, after line 37 insert:
13
14 "(c) NOT REQUIRE A CARRIER TO PROVIDE COVERAGE FOR
15 TREATMENT OR SERVICES FOR ANY MANDATED COVERAGE REQUIREMENTS
16 UNDER SECTION 10-16-104 THAT TAKE EFFECT ON OR AFTER JANUARY 1,
17 2022;".
18
19 Reletter succeeding paragraphs accordingly.
20
21 Page 5, line 12, strike "(1)(d)(I)" and substitute "(1)(e)(I)".
22
23 Strike "(1)(g)" and substitute "(1)(h)" on: Page 4, lines 32 and 41; Page
24 5, lines 2 and 5; Page 9, line 16; and Page 16, line 18.
25
26 The amendment was declared lost by the following roll call vote:
27
28 YES 23 NO 37 EXCUSED 5 ABSENT
29 Amabile N Exum N Lynch Y Sirota N
30 Bacon N Froelich N McCluskie N Snyder N
31 Baisley Y Geitner Y McCormick E Soper Y
32 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan N
33 Bernett N Gray N McLachlan N Tipper N
34 Bird N Hanks Y Michaelson Jenet N Titone N
35 Bockenfeld Y Herod E Mullica N Valdez A. N
36 Boesenecker N Holtorf Y Neville E Valdez D. N
37 Bradfield Y Hooton E Ortiz N Van Beber Y
38 Caraveo E Jackson N Pelton Y Van Winkle Y
39 Carver Y Jodeh N Pico Y Weissman N
40 Catlin Y Kennedy N Ransom Y Will Y
41 Cutter N Kipp N Rich Y Williams Y
42 Daugherty N Larson Y Ricks N Woodrow N
43 Duran N Lontine N Roberts N Woog Y
44 Esgar N Luck Y Sandridge Y Young N
45 Speaker N

House Journal, May 7
53 Amend the Health and Insurance Committee Report, dated April 27,
54 2021, page 16, strike lines 30 through 40.
55
1 Renumber succeeding sections accordingly.
2
3 The amendment was declared lost by the following roll call vote:
4
5 YES 23 NO 37 EXCUSED 5 ABSENT
6 Amabile N Exum N Lynch Y Sirota N
7 Bacon N Froelich N McCluskie N Snyder N
8 Baisley Y Geitner Y McCormick E Soper Y
9 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan N
10 Bernett N Gray N McLachlan N Tipper N
11 Bird N Hanks Y Michaelson Jenet N Titone N
12 Bockenfeld Y Herod E Mullica N Valdez A. N
13 Boesenecker N Holtorf Y Neville E Valdez D. N
14 Bradfield Y Hooton E Ortiz N Van Beber Y
15 Caraveo E Jackson N Pelton Y Van Winkle Y
16 Carver Y Jodeh N Pico Y Weissman N
17 Catlin Y Kennedy N Ransom Y Will Y
18 Cutter N Kipp N Rich Y Williams Y
19 Daugherty N Larson Y Ricks N Woodrow N
20 Duran N Lontine N Roberts N Woog Y
21 Esgar N Luck Y Sandridge Y Young N
22 Speaker N

House Journal, May 7
11 Amend the Health and Insurance Committee Report, dated April 27,
12 2021, page 3, after line 27 insert:
13
14 "(14) "SUBURBAN COUNTIES" MEANS DOUGLAS AND BROOMFIELD
15 COUNTIES.
16 (15) "URBAN COUNTIES" MEAN ADAMS, ARAPAHOE, BOULDER,
17 DENVER, EL PASO, AND JEFFERSON COUNTIES.".
18
19 Page 10, line 4, after the period add "THE CARRIER REIMBURSEMENT
20 RATES DO NOT APPLY TO A COUNTY THAT IS NOT AN URBAN OR SUBURBAN
21 COUNTY IF SUCH COUNTY DOES NOT HAVE A CRITICAL ACCESS HOSPITAL
22 OPERATING WITHIN THE COUNTY.".
23
24 Page 18, line, 8, strike "25-1.5-103," and substitute "25-1.5-103 THAT IS
25 SUBJECT TO THE REIMBURSEMENT RATES ESTABLISHED IN SECTION
26 10-16-1306 (4)(a)(I),".
27
28 The amendment was declared lost by the following roll call vote:
29
30 YES 23 NO 37 EXCUSED 5 ABSENT
31 Amabile N Exum N Lynch Y Sirota N
32 Bacon N Froelich N McCluskie N Snyder N
33 Baisley Y Geitner Y McCormick E Soper Y
34 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan N
35 Bernett N Gray N McLachlan N Tipper N
36 Bird N Hanks Y Michaelson Jenet N Titone N
37 Bockenfeld Y Herod E Mullica N Valdez A. N
38 Boesenecker N Holtorf Y Neville E Valdez D. N
39 Bradfield Y Hooton E Ortiz N Van Beber Y
40 Caraveo E Jackson N Pelton Y Van Winkle Y
41 Carver Y Jodeh N Pico Y Weissman N
42 Catlin Y Kennedy N Ransom Y Will Y
43 Cutter N Kipp N Rich Y Williams Y
44 Daugherty N Larson Y Ricks N Woodrow N
45 Duran N Lontine N Roberts N Woog Y
46 Esgar N Luck Y Sandridge Y Young N
47 Speaker N

Senate Journal, May 20
After consideration on the merits, the Committee recommends that HB21-1232 be
amended as follows, and as so amended, be referred to the Committee on Appropriations
with favorable recommendation.
Amend reengrossed bill, page 5, line 6, strike "PAYMENT COST" and substitute
"PAYMENT-TO-COST".

Page 25, line 26, after "(1)" insert "(a)".
Page 26, strike lines 5 through 7 and substitute "HOSPITAL WORKERS.".

Page 26, line 8, strike "(2)" and substitute "(b)".

Page 26, line 12, strike "(3)" and substitute "(c)".

Page 26, line 16, strike "(4)" and substitute "(d)".

Page 26, line 18, strike "(a)" and substitute "(I)".

Page 26, line 19, strike "(b)" and substitute "(II)".

Page 26, line 20, strike "(c)" and substitute "(III)".

Page 26, after line 20 insert:

"(2) THE COMMISSIONER SHALL CONTRACT WITH AN INDEPENDENT
THIRD-PARTY ORGANIZATION TO PREPARE A REPORT REGARDING THE
IMPLEMENTATION OF THIS PART 13, TO THE EXTENT INFORMATION IS
AVAILABLE, AS IT RELATES TO PROVIDER WORKLOAD, INCLUDING ANY IMPACT
ON THE SIZE OF THE PROVIDER PANELS, IF AVAILABLE. THE REPORT SHALL BE
COMPLETED BY DECEMBER 31, 2023.".

Renumber succeeding subsection accordingly.

Page 29, line 11, strike "(3)" and substitute "(3) (a)".

Page 29, after line 16 insert:

"(b) IN DETERMINING THE APPROPRIATE ADMINISTRATIVE FINE, THE
DIRECTOR SHALL CONSIDER ANY RECOMMENDATION OF THE COMMISSIONER OF
INSURANCE, THE FINANCIAL CIRCUMSTANCES OF THE PERSON ON WHOM THE
FINE IS BEING IMPOSED, AND OTHER CIRCUMSTANCES DEEMED RELEVANT BY THE
DIRECTOR.".

Page 30, line 15, strike "PENALTY," and substitute "FINE OR ACTION
CONCERNING THE HOSPITAL'S LICENSE PURSUANT TO SUBSECTION (2)(a) OF THIS
SECTION,".

Page 30, line 16, strike "PENALTIES RECOMMENDED BY THE" and substitute
"RECOMMENDATIONS OF THE".


Business,
Labor, &
Technology


Fiscal Notes Status: No fiscal impact for this bill
Fiscal Notes:

Fiscal Note


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



Section 1 of the act 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 act 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.

On or before October 1, 2021, the director of the office is required to appoint and convene a task force consisting of various building owners, building professionals, utility representatives, and local government representatives to recommend performance standards for adoption as rules by the air quality control commission (commission). The performance standards set forth in rule would need to achieve a reduction in greenhouse gas emissions of 7% by 2026 compared to 2021 levels as reported in energy benchmarking data and by 20% by 2030 compared to 2021 levels. The performance standards adopted must include a provision that an owner of a public building need only comply with the performance standards with regard to certain types of construction or renovation projects and only if the construction or renovation project has an estimated cost of at least $500,000. Covered building owners would then need to demonstrate their compliance with the performance standards set forth in the commission's rules. The commission is also required to adopt rules regarding the issuance of waivers and extensions of time for performance standard compliance. The commission may adopt additional rules, as the commission deems necessary, to modify or continue the performance standards.

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 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 public 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 3.


Section 4 imposes penalties for violations of the benchmarking requirements in amounts up to $500 for a first violation and up to $2,000 for each subsequent violation. The commission is required to establish by rule civil penalties for a violation of the commission's performance standards in an amount not to exceed $2,000 for a first violation and $5,000 for a subsequent violation.

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

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



Fiscal Notes Status: No fiscal impact for this bill
Fiscal Notes:

Fiscal Note


SB21-060 Expand Broadband Service 
Comment:
Position: Monitor
Calendar Notification: Tuesday, June 8 2021
THIRD READING OF BILLS - FINAL PASSAGE
(6) in house calendar.
Sponsors: K. Donovan (D) / D. Roberts (D)
Summary:



The act requires that the Colorado broadband office (office), on or before January 1, 2022, contract with a nonprofit organization to develop a program to reimburse certain income-eligible households and households in critically unserved areas of the state for their costs to access broadband service. An eligible household may receive reimbursement for up to one-half of its costs for broadband service, not to exceed $600 per year.

The office and the nonprofit organization with which it contracts may use up to $5 million of the federal "American Rescue Plan Act of 2021" money transferred to the digital inclusion grant program fund pursuant to House Bill 21-1289, concerning broadband deployment, for the reimbursement program. All of the money for the reimbursement program must be obligated by December 31, 2024, and the act repeals on September 1, 2026. If the office does not find a nonprofit organization with which to contract, the reimbursement program will not be implemented and the office shall use the money allocated for implementation of the reimbursement program to award additional grants for telehealth services.

On or before February 1, 2022, and on or before each February 1 thereafter, the office is required to submit a written report to the governor and the legislative joint budget and joint technology committees about the office's implementation of the reimbursement program.

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

Status: 2/16/2021 Introduced In Senate - Assigned to Business, Labor, & Technology
3/31/2021 Senate Committee on Business, Labor, & Technology Witness Testimony and/or Committee Discussion Only
4/5/2021 Senate Committee on Business, Labor, & Technology Refer Amended to Appropriations
6/3/2021 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
6/3/2021 Senate Second Reading Special Order - Passed with Amendments - Committee, Floor
6/4/2021 Senate Third Reading Passed - No Amendments
6/4/2021 Introduced In House - Assigned to Finance
6/7/2021 House Committee on Finance Refer Amended to Appropriations
6/7/2021 House Second Reading Special Order - Passed with Amendments - Committee
6/7/2021 House Committee on Appropriations Refer Unamended to House Committee of the Whole
6/8/2021 House Third Reading Passed - No Amendments
6/8/2021 Senate Considered House Amendments - Result was to Concur - Repass
6/17/2021 Sent to the Governor
6/17/2021 Signed by the Speaker of the House
6/17/2021 Signed by the President of the Senate
6/27/2021 Governor Signed
Amendments:

Senate Journal, April 6
After consideration on the merits, the Committee recommends that SB21-060 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 2, strike lines 2 and 3 and substitute:

"SECTION 1. In Colorado Revised Statutes, 40-15-102, add (5.7) as
follows:".

Page 3, strike lines 1 through 12.

Page 3, strike lines 21 and 22 and substitute "(10.5); repeal (10.6); and add
(6.5) and (8)(a)(V) as".

Page 3, strike line 27.

Strike pages 4 and 5.

Page 6, strike lines 1 through 8.

Page 6, line 12, strike "THAT EITHER:" and substitute "THAT:".

Page 6, line 17, strike "OR".

Page 6, line 19, strike "INCOME." and substitute "INCOME; OR
(III) ARE LOCATED IN CRITICALLY UNSERVED AREAS OF THE STATE. A
HOUSEHOLD IS ELIGIBLE FOR REIMBURSEMENT UNDER THIS SUBSECTION
(6.5)(a)(III) ONLY:
(A) FOR BROADBAND SERVICE PROVIDED BY A SATELLITE PROVIDER;
(B) WITH RESPECT TO THE HOUSEHOLD'S PRIMARY RESIDENCE; AND
(C) IF THE BOARD DETERMINES THAT BUILD-OUT OF BROADBAND
SERVICE IS UNLIKELY.".

Page 7, strike lines 11 through 27.

Page 8, strike lines 1 through 23 and substitute:

"(a) (V) ON OR BEFORE NOVEMBER 1, 2021, THE DEPARTMENT OF
TRANSPORTATION SHALL SUBMIT A MAP OR MAPS TO THE BOARD IDENTIFYING
ANY BROADBAND INFRASTRUCTURE OR EXCESS CAPACITY THAT THE
DEPARTMENT COULD LEASE FOR THE DEPLOYMENT OF BROADBAND IN THE
STATE.".

Page 8, line 24, strike "(a)" and substitute "(a)".

Page 9, after line 2 insert:

"(b) (I) NOTWITHSTANDING SUBSECTION (10.5)(a) OF THIS SECTION, THE
BOARD SHALL RECEIVE ANY FEDERAL COVID-19 FUNDING AWARDED TO THE
STATE FOR BROADBAND DEPLOYMENT AND SHALL EXPEND THE MONEY IN
ACCORDANCE WITH FEDERAL GUIDELINES FOR USE OF THE MONEY, EVEN IF SUCH
USE OF THE MONEY FALLS OUTSIDE THE REQUIREMENTS FOR USE OF BROADBAND
DEPLOYMENT GRANT MONEY SET FORTH IN THIS SECTION. THE HCSM
THIRD-PARTY CONTRACTOR SHALL MAINTAIN ANY FEDERAL COVID-19
FUNDING AWARDED FOR BROADBAND DEPLOYMENT IN A SEPARATE ACCOUNT OF
THE HCSM THAT IS DEDICATED TO ALLOCATING FEDERAL COVID-19 FUNDING
FOR BROADBAND DEPLOYMENT. THE COMMISSION IS AUTHORIZED TO DISBURSE
ANY MONEY FROM THE ACCOUNT AS DIRECTED BY THE BOARD.
(II) AS USED IN THIS SUBSECTION (10.5)(b):
(A) "COVID-19 PANDEMIC" MEANS THE PANDEMIC RESULTING FROM
THE CORONAVIRUS DISEASE 2019 CAUSED BY THE SEVERE ACUTE RESPIRATORY
SYNDROME CORONAVIRUS 2, ALSO KNOWN AS SARS-COV-2.
(B) "FEDERAL COVID-19 FUNDING" MEANS FEDERAL MONEY AWARDED
TO THE STATE IN RESPONSE TO, AND FOR THE PURPOSE OF HELPING THE STATE
RECOVER FROM, THE COVID-19 PANDEMIC.
(III) THIS SUBSECTION (10.5)(b) IS REPEALED, EFFECTIVE SEPTEMBER
1, 2025.".

Page 12, strike lines 19 through 27.

Strike pages 13 through 15.

Page 16, strike lines 1 through 3.

Renumber succeeding section accordingly.


Finance


House Journal, June 7
33 SB21-060 be amended as follows, and as so amended, be referred to
34 the Committee on Appropriations with favorable
35 recommendation:
36
37 Amend reengrossed bill, strike everything below the enacting clause and
38 substitute:
39
40 "SECTION 1. Legislative declaration. (1) The general
41 assembly hereby finds and declares that, pursuant to 31 CFR 35.6 (b)(8),
42 providing financial assistance for broadband service to low-income
43 households affected by the COVID-19 public health emergency is an
44 eligible use of money received by the state under the federal "American
45 Rescue Plan Act of 2021", Pub.L. 117-2. For this purpose, Senate Bill
46 21-291 creates the economic recovery and relief cash fund to appropriate
47 money to departments or transfer money to another cash fund for uses to
48 address the negative impacts of COVID-19, including using the money
49 for assistance to individuals and households.
50 (2) The general assembly further finds and declares that, pursuant
51 to subsection (1) of this section, the general assembly may appropriate
52 money from the economic recovery and relief cash fund created in section
53 24-75-228 (2)(a) to the office of the governor for use by the office of
54 information technology to provide financial assistance to income-eligible
55 households for broadband service.
1 SECTION 2. In Colorado Revised Statutes, 24-37.5-904, as
2 added by House Bill 21-1289, amend (1)(b)(II); and add (1.5) as
3 follows:
4 24-37.5-904. Digital inclusion grant program - income-eligible
5 household reimbursement program - creation - award criteria -
6 digital inclusion grant program fund - definition - reporting - repeal.
7 (1) (b) The Colorado broadband office shall implement the grant
8 program. During the 2020-21 state fiscal year, the broadband office shall
9 award:
10 (II) Grants totaling up to fifteen TEN million dollars to one or
11 more providers of telehealth services; EXCEPT THAT, IF PURSUANT TO
12 SUBSECTION (1.5)(e) OF THIS SECTION, THE BROADBAND OFFICE DOES NOT
13 IMPLEMENT THE REIMBURSEMENT PROGRAM CREATED IN SUBSECTION
14 (1.5) OF THIS SECTION, THE BROADBAND OFFICE SHALL AWARD GRANTS
15 TOTALING UP TO FIFTEEN MILLION DOLLARS TO ONE OR MORE PROVIDERS
16 OF TELEHEALTH SERVICES.
17 (1.5) (a) ON OR BEFORE JANUARY 1, 2022, AND SUBJECT TO
18 SUBSECTIONS (1.5)(d) AND (1.5)(e) OF THIS SECTION, THE BROADBAND
19 OFFICE SHALL CONTRACT WITH A NONPROFIT ORGANIZATION, PREFERABLY
20 A NONPROFIT ORGANIZATION THAT HAS AN EXISTING PLATFORM OR
21 SYSTEM FOR ADMINISTERING GRANT MONEY, HAS EXPERIENCE IN
22 ADMINISTERING INCOME-QUALIFIED UTILITY ASSISTANCE PROGRAMS, AND
23 HAS EXPERIENCE IN VERIFYING INCOME FOR STATEWIDE ASSISTANCE
24 PROGRAMS, TO DEVELOP A PROGRAM, REFERRED TO IN THIS SUBSECTION
25 (1.5) AS THE "PROGRAM", TO MAKE ACCESS TO BROADBAND SERVICE
26 MORE AFFORDABLE BY REIMBURSING COLORADO SUBSCRIBERS FOR COSTS
27 INCURRED IN ACCESSING BROADBAND SERVICE. IN CHOOSING A
28 NONPROFIT ORGANIZATION WITH WHICH TO CONTRACT, THE BROADBAND
29 OFFICE NEED NOT COMPLY WITH THE "PROCUREMENT CODE", ARTICLES
30 101 TO 112 OF THIS TITLE 24. HOUSEHOLDS THAT ARE INCOME ELIGIBLE
31 TO PARTICIPATE IN THE PROGRAM ARE THOSE HOUSEHOLDS THAT:
32 (I) HAVE A HOUSEHOLD INCOME THAT DOES NOT EXCEED THE
33 HIGHER OF TWO HUNDRED PERCENT OF THE FEDERAL POVERTY LEVEL OR
34 EIGHTY PERCENT OF THE AREA MEDIAN INCOME; OR
35 (II) ARE LOCATED IN CRITICALLY UNSERVED AREAS OF THE STATE.
36 A HOUSEHOLD IS ELIGIBLE FOR REIMBURSEMENT UNDER THIS SUBSECTION
37 (1.5)(a)(II) ONLY:
38 (A) FOR BROADBAND SERVICE PROVIDED BY A SATELLITE
39 PROVIDER; AND
40 (B) WITH RESPECT TO THE HOUSEHOLD'S PRIMARY RESIDENCE.
41 (b) A HOUSEHOLD MEETING THE CRITERIA SET FORTH IN
42 SUBSECTION (1.5)(a) OF THIS SECTION MAY APPLY TO THE PROGRAM
43 ANNUALLY IN THE FORM AND MANNER DETERMINED BY THE BROADBAND
44 OFFICE TO REQUEST REIMBURSEMENT TO COVER UP TO ONE-HALF OF THE
45 COST OF BROADBAND SERVICE, NOT TO EXCEED A TOTAL REIMBURSEMENT
46 OF SIX HUNDRED DOLLARS PER YEAR. A HOUSEHOLD THAT RECEIVES
47 REIMBURSEMENT PURSUANT TO THIS SUBSECTION (1.5)(b) MUST
48 DEMONSTRATE THAT IT STILL MEETS THE CRITERIA SET FORTH IN
49 SUBSECTION (1.5)(a) OF THIS SECTION TO RECEIVE REIMBURSEMENT IN A
50 SUBSEQUENT YEAR.
51 (c) WITH REGARD TO THE NONPROFIT ORGANIZATION WITH WHICH
52 THE BROADBAND OFFICE CONTRACTS TO ADMINISTER THE PROGRAM, THE
53 BROADBAND OFFICE SHALL DIRECT THAT THE NONPROFIT ORGANIZATION:
54
1 (I) USE A PORTION OF THE MONEY TRANSMITTED TO THE
2 NONPROFIT ORGANIZATION FOR IMPLEMENTING THE PROGRAM TO COVER
3 ITS DIRECT AND INDIRECT COSTS IN ADMINISTERING THE PROGRAM; AND
4 (II) PERIODICALLY REPORT TO THE BROADBAND OFFICE, IN A FORM
5 AND MANNER DETERMINED BY THE BROADBAND OFFICE, REGARDING ITS
6 ADMINISTRATION OF THE PROGRAM.
7 (d) THE BROADBAND OFFICE, IN CONSULTATION WITH THE
8 NONPROFIT ORGANIZATION WITH WHICH IT CONTRACTS TO IMPLEMENT
9 THE PROGRAM, MAY EXPLORE ALTERNATIVE MECHANISMS FOR PAYMENT
10 ASSISTANCE FOR INCOME-ELIGIBLE HOUSEHOLDS IF THE BROADBAND
11 OFFICE DETERMINES THAT A REIMBURSEMENT PROGRAM IS NOT
12 COST-EFFECTIVE. IF THE BROADBAND OFFICE ADOPTS AN ALTERNATIVE
13 MECHANISM FOR PROVIDING PAYMENT ASSISTANCE UNDER THIS
14 SUBSECTION (1.5)(d), THE BROADBAND OFFICE SHALL INCLUDE A
15 DESCRIPTION OF THE MECHANISM CHOSEN AS PART OF ITS REPORTING
16 REQUIREMENTS UNDER SUBSECTION (1.5)(g) OF THIS SECTION.
17 (e) IF THE BROADBAND OFFICE DOES NOT FIND A NONPROFIT
18 ORGANIZATION WITH WHICH TO CONTRACT TO IMPLEMENT THE PROGRAM,
19 THE PROGRAM SHALL NOT BE IMPLEMENTED AND THE BROADBAND OFFICE
20 SHALL USE THE MONEY ALLOCATED FOR IMPLEMENTATION OF THE
21 PROGRAM TO AWARD ADDITIONAL GRANTS FOR TELEHEALTH SERVICES
22 UNDER SUBSECTION (1)(b)(II) OF THIS SECTION.
23 (f) (I) THE BROADBAND OFFICE AND THE NONPROFIT WITH WHICH
24 IT CONTRACTS MAY USE UP TO FIVE MILLION DOLLARS OF THE MONEY
25 TRANSFERRED PURSUANT TO SUBSECTION (1)(e) OF THIS SECTION TO THE
26 DIGITAL INCLUSION GRANT PROGRAM FUND FROM THE ECONOMIC
27 RECOVERY AND RELIEF CASH FUND CREATED IN SECTION 24-75-228 (2)(a)
28 TO IMPLEMENT THE PROGRAM, INCLUDING THE MONEY REQUIRED TO
29 COVER THE BROADBAND OFFICE'S AND THE NONPROFIT ORGANIZATION'S
30 ADMINISTRATIVE COSTS INCURRED IN IMPLEMENTING THE PROGRAM. THE
31 BROADBAND OFFICE AND THE NONPROFIT ORGANIZATION MAY USE UP TO
32 FIVE HUNDRED THOUSAND DOLLARS PER YEAR TO COVER THEIR DIRECT
33 AND INDIRECT COSTS IN ADMINISTERING THE PROGRAM.
34 (II) ALL MONEY USED FOR IMPLEMENTATION OF THE PROGRAM
35 MUST BE OBLIGATED BY DECEMBER 31, 2024.
36 (g) ON OR BEFORE FEBRUARY 1, 2022, AND ON OR BEFORE
37 FEBRUARY 1 EACH YEAR THEREAFTER, THE BROADBAND OFFICE SHALL
38 SUBMIT A WRITTEN REPORT TO THE GOVERNOR AND THE GENERAL
39 ASSEMBLY'S JOINT BUDGET COMMITTEE AND JOINT TECHNOLOGY
40 COMMITTEE REGARDING THE BROADBAND OFFICE'S IMPLEMENTATION OF
41 THE PROGRAM. REPORTS SUBMITTED PURSUANT TO THIS SUBSECTION
42 (1.5)(g) MUST INCLUDE:
43 (I) THE NUMBER OF HOUSEHOLDS RECEIVING ASSISTANCE UNDER
44 THE PROGRAM IN THE PREVIOUS CALENDAR YEAR; AND
45 (II) RECOMMENDATIONS ON HOW TO MAKE THE PROGRAM MORE
46 SUCCESSFUL, INCLUDING ANY LEGISLATIVE CHANGES NEEDED TO IMPROVE
47 THE SUCCESS OF THE PROGRAM.
48 (h) THIS SUBSECTION (1.5) IS REPEALED, EFFECTIVE SEPTEMBER
49 1, 2026.
50 SECTION 3. Effective date. This act takes effect only if House
51 Bill 21-1289 and Senate Bill 21-291 become law, and, in which case, this
52 act takes effect one day after the passage of House Bill 21-1289 or one
53 day after the passage of SB21-291, whichever occurs latest.
54
1 SECTION 4. Safety clause. The general assembly hereby finds,
2 determines, and declares that this act is necessary for the immediate
3 preservation of the public peace, health, or safety.".
4
5 Page 1, strike line 102 and substitute "THEREWITH, IMPLEMENTING A
6 PROGRAM TO PROVIDE FINANCIAL ASSISTANCE FOR INCOME-ELIGIBLE
7 HOUSEHOLDS TO ACCESS BROADBAND SERVICE.".
8
9

House Journal, June 7
51 Amendment No. 1, Finance Report, dated June 7, 2021, and placed in
52 member's bill file; Report also printed in House Journal, June 7, 2021.
53
54 As amended, ordered revised and placed on the Calendar for Third
55 Reading and Final Passage.


Fiscal Notes Status: No fiscal impact for this bill
Fiscal Notes:

Fiscal Note


SB21-176 Protecting Opportunities And Workers' Rights Act 
Comment:
Position: Monitor/Oppose
Calendar Notification: NOT ON CALENDAR
Sponsors: F. Winter (D) | B. Pettersen (D) / S. Lontine (D) | M. Gray (D)
Summary:

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

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

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

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

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


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

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

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

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

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

Page 14 of the report, after line 40 insert:

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


Appro-
priations


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

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

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

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

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

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

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

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

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

Page 6, strike lines 21 through 41.

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

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

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

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

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

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

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

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

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

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

Page 11, after line 10 insert:

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

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

Page 12, strike line 9.

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

Page 12, strike lines 21 through 28 and substitute:

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

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

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

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

Page 14, strike lines 14 through 20.


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

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

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

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


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

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

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

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

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

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



Fiscal Notes Status: No fiscal impact for this bill
Fiscal Notes:

Fiscal Note


SB21-260 Sustainability Of The Transportation System 
Comment:
Position: Monitor/Oppose
Calendar Notification: NOT ON CALENDAR
Sponsors: S. Fenberg (D) | F. Winter (D) / A. Garnett (D) | M. Gray (D)
Summary:



The length of the bill summary for this bill requires it to be published on a separate page here: https://leg.colorado.gov/sb21-260-bill-summary
(Note: This summary applies to this bill as enacted.)

Status: 5/4/2021 Introduced In Senate - Assigned to Finance
5/10/2021 Senate Committee on Finance Refer Amended to Appropriations
5/12/2021 Senate Committee on Appropriations Refer Amended to Senate Committee of the Whole
5/14/2021 Senate Second Reading Passed with Amendments - Committee, Floor
5/17/2021 Senate Third Reading Passed with Amendments - Floor
5/17/2021 Introduced In House - Assigned to Finance
5/24/2021 House Committee on Finance Refer Amended to Appropriations
5/28/2021 House Committee on Appropriations Refer Amended to House Committee of the Whole
5/28/2021 House Second Reading Special Order - Passed with Amendments - Committee, Floor
6/1/2021 House Third Reading Laid Over Daily - No Amendments
6/2/2021 House Third Reading Passed - No Amendments
6/2/2021 Senate Considered House Amendments - Result was to Concur - Repass
6/8/2021 Signed by the President of the Senate
6/8/2021 Signed by the Speaker of the House
6/8/2021 Sent to the Governor
6/16/2021 Governor Signed
6/17/2021 Signed by Governor
Amendments:

Senate Journal, May 11
After consideration on the merits, the Committee recommends that SB21-260 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 15, line 12, strike "21-_____," and substitute
"21-260,".

Page 44, line 4, strike "TWENTY-NINE" and substitute "FORTY-SEVEN".

Page 45, line 12, strike "21-_____," and substitute "21-260,".

Page 46, line 2, strike "21-_____," and substitute "21-260,".

Page 80, line 15, strike "21-_____," and substitute "21-260,".

Page 80, line 21, strike "21-_____," and substitute "21-260,".

Page 90, line 27, strike "21-_____," and substitute "21-260,".

Page 91, line 3, strike "21-_____," and substitute "21-260,".

Page 91, line 19, after "EFFICIENCY" insert "AND CURRENT FUEL EFFICIENCY FOR
THE MOST FUEL-EFFICIENT MOTOR VEHICLES".

Page 91, line 23, after "EFFICIENCY" insert "AND FUTURE FUEL EFFICIENCY FOR
THE MOST FUEL-EFFICIENT MOTOR VEHICLES".

Page 144, strike lines 15 through 18 and substitute:

"(VIII) (A) FOR ANY REGISTRATION PERIOD THAT BEGINS ON OR AFTER
JANUARY 1, 2022, BUT BEFORE JANUARY 1, 2023, THE AMOUNT OF EACH ROAD
SAFETY SURCHARGE IMPOSED PURSUANT TO SUBSECTION (1)(a)(I) OF THIS
SECTION IS REDUCED BY ELEVEN DOLLARS AND TEN CENTS.
(B) FOR ANY REGISTRATION PERIOD THAT BEGINS ON OR AFTER
JANUARY 1, 2023, BUT BEFORE JANUARY 1, 2024, THE AMOUNT OF EACH ROAD
SAFETY SURCHARGE IMPOSED PURSUANT TO SUBSECTION (1)(a)(I) OF THIS
SECTION IS REDUCED BY FIVE DOLLARS AND FIFTY-FIVE CENTS.".

Page 147, strike line 10.

Page 147, line 11 strike "created." and substitute:

"(2) (a) (I) The SCOPE OF THE EXISTING statewide bridge enterprise is
hereby created IN THIS SUBSECTION (2)(a)(I) IN 2009 IS HEREBY EXPANDED TO
INCLUDE BOTH DESIGNATED BRIDGE PROJECTS AND SURFACE TRANSPORTATION
INFRASTRUCTURE PROJECTS FOR TUNNELS, AND THE NAME OF THE EXPANDED
ENTERPRISE IS THE STATEWIDE BRIDGE AND TUNNEL ENTERPRISE.".

Page 159, line 17, strike "TWO AND ONE-HALF MILLION" and substitute "TWO
MILLION FIVE HUNDRED THOUSAND".
Page 165, line 1, strike "(d)" and substitute "(e)".

Page 165, line 22, strike "(e)" and substitute "(f)".

Page 167, line 3, strike "(5)" and substitute "(6)".

Renumber succeeding subsections accordingly.

Page 197, line 3, strike "21-_____" and substitute "21-260".

Page 197, line 5, strike "21-_____" and substitute "21-260".

Page 197, line 7, strike "21-_____" and substitute "21-260".

Page 197, line 10, strike "act" and substitute "act,".

Page 197, line 11, strike "law" and substitute "law, in which case section
43-4-1103 (2)(a)(IV)".


Senate Journal, May 12
After consideration on the merits, the Committee recommends that SB21-260 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 33, line 7, after the period add "UPON RECEIPT OF
SUCH REIMBURSEMENT, THE COLORADO ENERGY OFFICE SHALL INSTRUCT THE
STATE TREASURER TO TRANSFER FROM THE ENERGY FUND TO THE GENERAL
FUND THE AMOUNT NEEDED TO FULLY REPAY THE AMOUNT OF ANY GENERAL
FUND MONEY APPROPRIATED TO THE ENERGY FUND FOR THE PURPOSE OF
FUNDING THE LOAN MADE PURSUANT TO THIS SUBSECTION (5)(b) PLUS THE
INTEREST INCLUDED IN THE REIMBURSEMENT.".

Page 65, line 24, after the period add "UPON RECEIPT OF SUCH REIMBURSEMENT,
THE DEPARTMENT SHALL REMIT TO THE STATE TREASURER FOR CREDITING TO
THE GENERAL FUND THE AMOUNT NEEDED TO FULLY REPAY THE AMOUNT OF
ANY GENERAL FUND MONEY APPROPRIATED TO THE DEPARTMENT FOR THE
PURPOSE OF FUNDING THE LOAN MADE PURSUANT TO THIS SUBSECTION (5)(b)
PLUS THE INTEREST INCLUDED IN THE REIMBURSEMENT.".

Page 197, after line 1 insert:


"SECTION 52. Appropriation to the offices of the governor, lieutenant governor, and state planning and budgeting for the fiscal year beginning July 1, 2021. Section
2 of SB 21-205, amend Part IV (1)(C), as follows:
Section 2. Appropriation.
PART IV
GOVERNOR - LIEUTENANT GOVERNOR - STATE PLANNING AND BUDGETING

(1) OFFICE OF THE GOVERNOR
(C) Colorado Energy Office
Program Administration 6,257,311 2,625,625 3,631,686(I)
(24.8 FTE)
Electric Vehicle Charging
Station Grants 1,036,204 1,036,204a
13 1,036,
Legal Services 486,329 433,951 52,378(I)
15 Vehicle Lease Payments 13,182 13,
16 Leased Space 218,835 218,
Indirect Cost Assessment 153,808 37,763 116,045(I)
18 8,165,

a This amount shall be from the Electric Vehicle Grant Fund created in Section 24-38.5-103 (1)(a), C.R.S. THIS AMOUNT IS SHOWN FOR INFORMATIONAL PURPOSES ONLY BECAUSE THE
ELECTRIC VEHICLE GRANT FUND IS CONTINUOUSLY APPROPRIATED TO THE OFFICE PURSUANT SECTION 24-38.5-103 (2)(a), C.R.S.

TOTALS PART IV
(GOVERNOR-
LIEUTENANT
GOVERNOR- STATE
PLANNING AND
BUDGETING) $365,384,731 $57,569,143 $16,648,484a $284,399,642 $6,767,462b

a Of this amount, $7,300,000 $8,336,204 contains an (I) notation.
b This amount contains an (I) notation.

SECTION 53. Appropriation. (1) For the 2021-22 state fiscal year, $125,599,957 is appropriated
to the department of transportation. This appropriation consists of $259,957 from the state highway fund
created in section 43-1-219, C.R.S., and $125,340,000 from the multimodal transportation options and
mitigation fund created in section 43-4-1103 (1)(a), C.R.S. To implement this act, the department may use
this appropriation as follows:
(a) $259,957 from the state highway fund for administration, which amount is based on an
assumption that the division will require an additional 3.0 FTE; and
(b) $125,340,000 from the multimodal transportation options and mitigation fund for multimodal
transportation projects.
(2) For the 2021-22 state fiscal year, $1,104,661 is appropriated to the department of revenue. This
appropriation consists of $1,082,480 from the general fund and $22,181 from the license plate cash fund
created in section 42-3-301 (1)(b), C.R.S. To implement this act, the department may use this appropriation
as follows:
(a) $109,135 general fund for use by the executive director's office for personal services related to
administration and support, which amount is based on an assumption that the office will require an additional
1.8 FTE;
(b) $259,875 general fund for use by the taxation business group for tax administration IT system
(GenTax) support related to administration;
(c) $231,020 general fund for use by the taxation business group for personal services related to
taxation services, which amount is based on an assumption that the group will require an additional 3.5 FTE;
(d) $70,250 general fund for use by the taxation business group for operating expenses related to
taxation services;
(e) $412,200 general fund for use by the division of motor vehicles for DRIVES maintenance and
support; and
(f) $22,181 from the license plate cash fund for use by the division of motor vehicles for license plate
ordering.
(3) For the 2021-22 state fiscal year, $100,491 is appropriated to the energy fund created in section
24-38.5-102.4, C.R.S. This appropriation is from the general fund. The office of the governor is responsible
for the accounting related to this appropriation.
(4) For the 2021-22 state fiscal year, $1,669,333 is appropriated to the department of public health
and environment. This appropriation is from the general fund. To implement this act, the department may
use this appropriation for transfer to the clean fleet enterprise initial expenses fund for startup costs.
(5) For the 2021-22 state fiscal year, $504,583 is appropriated to the department of law and is based
34 on the assumption that the department will require an additional 2.6 FTE. Of this appropriation, $191,
is from reappropriated funds received from the department of transportation under subsection (1)(a) of this
section and is based on an assumption that the department of law will require an additional 1.0 FTE;
$100,491 is from reappropriated funds received from the office of the governor under subsection (3) of this
section and is based on an assumption that the department of law will require an additional 0.5 FTE; and
$212,680 is from reappropriated funds received from the department of public health and environment under
subsection (4) of this section and is based on an assumption that the department of law will require an
additional 1.1 FTE. To implement this act, the department of law may use this appropriation to provide legal
services for the department of transportation, office of the governor, and department of public health and
environment.".

Renumber succeeding sections accordingly.

Page 1, line 109, strike "USE; AND" and substitute "USE;".

Page 1, line 110, strike "IMPROVEMENTS." and substitute "IMPROVEMENTS, AND MAKING AN
APPROPRIATION.".


Senate Journal, May 18
SB21-260 by Senator(s) Fenberg and Winter, Priola; also Representative(s) Garnett and Gray--
Concerning the sustainability of the transportation system in Colorado, and, in connection
therewith, creating new sources of dedicated funding and new state enterprises to preserve,
improve, and expand existing transportation infrastructure, develop the modernized
infrastructure needed to support the widespread adoption of electric motor vehicles, and
mitigate environmental and health impacts of transportation system use; expanding authority
for regional transportation improvements, and making an appropriation.

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

Third Reading Amendment No. 1(L.088), by Senator Fenberg.

Amend engrossed bill, page 46, line 23, strike "(b)" and substitute "(II)".

Page 46, line 27, strike "(d.5)" and substitute "(e)".

Page 47, line 3, strike "JULY 1 2024" and substitute "JULY 1, 2024,".

Page 47, line 8, strike "(e)(I)" and substitute "(f)(I)".

Page 48, line 6, strike "(7)(e)" and substitute "(7)(f)".

Page 52, line 19, strike "43-2-201 (1)." and substitute "43-2-101 (1).".

Page 53, line 22, strike "ACTIVITIES." and substitute "ACTIVITIES; AND".

Page 54, line 24, strike "(b)" and substitute "(II)".

Page 54, line 27, strike "(I)" and substitute "(A)".

Page 55, line 3, strike "(II)" and substitute "(B)".

Page 55, line 4, strike "(III)" and substitute "(C)".

Page 55, line 8, strike "(c)" and substitute "(III)".

Page 57, line 22, strike "(d)" and substitute "(e)".

Page 58, line 15, strike "(e)" and substitute "(f)".

Page 61, line 25, strike "(I)" and substitute "(a)".

Page 62, line 2, strike "(II)" and substitute "(b)".

Page 62, line 5, strike "(III)" and substitute "(c)".

Page 101, line 1, strike "PROJECT" and substitute "PROJECT,".

Page 101, line 3, strike "(4.5)" and substitute "(5)".

Page 101, line 9, strike "(5)" and substitute "(6)".

Page 186, line 2, strike "(b)" and substitute "(c)".

Page 186, line 24, strike "(c)" and substitute "(d)".

Page 204, line 3, after "PURSUANT" insert "TO".
Page 207, line 14, strike "and".

Page 1, line 110, strike "IMPROVEMENTS," and substitute "IMPROVEMENTS;".

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


House Journal, May 25
25 SB21-260 be amended as follows, and as so amended, be referred to
26 the Committee on Appropriations with favorable
27 recommendation:
28
29 Amend reengrossed bill, page 29, line 20, after the period add "EACH
30 SUCH RETAIL SALE IS A SINGLE RETAIL DELIVERY REGARDLESS OF THE
31 NUMBER OF SHIPMENTS NECESSARY TO DELIVER THE ITEMS OF TANGIBLE
32 PERSONAL PROPERTY PURCHASED.".
33
34 Page 30, lines 16 and 17, strike "WHO SHALL SERVE AT THE PLEASURE OF
35 THE GOVERNOR" and substitute "WITH THE ADVICE AND CONSENT OF THE
36 SENATE".
37
38 Page 40, line 26, strike "(1)(g.5) and (7)" and substitute "(1)(g.5), (7), and
39 (8)".
40
41 Page 45, line 25, strike "FORTY-SEVEN" and substitute "TWENTY-NINE".
42
43 Page 48, after line 12 insert:
44
45 "(8) IN ADDITION TO ANY OTHER TRANSFERS REQUIRED BY THIS
46 SECTION:
47 (a) On June 30, 2021, the state treasurer shall transfer from the
48 revenue loss restoration cash fund created in section 24-75-226 (3)(a),
49 ENACTED BY SENATE BILL 21-___, ENACTED IN 2021:
50 (I) ONE HUNDRED EIGHTY-ONE MILLION SIX HUNDRED SIXTY
51 THOUSAND DOLLARS TO THE STATE HIGHWAY FUND. OF THIS AMOUNT,
52 TWENTY-TWO MILLION ONE HUNDRED SIXTY THOUSAND DOLLARS IS FOR
53 THE PURPOSE OF PROVIDING ADDITIONAL FUNDING FOR THE REVITALIZING
54 MAIN STREETS PROGRAM AND FIVE HUNDRED THOUSAND DOLLARS IS FOR
55 THE PURPOSE OF ACQUIRING, PLANNING THE DEVELOPMENT OF, OR
1 DEVELOPING THE BURNHAM YARD RAIL PROPERTY IN DENVER.
2 (II) ONE HUNDRED SIXTY MILLION EIGHT HUNDRED FORTY
3 THOUSAND DOLLARS TO THE MULTIMODAL TRANSPORTATION AND
4 MITIGATION OPTIONS FUND; AND
5 (III) THIRTY-SIX MILLION DOLLARS TO THE HIGHWAY USERS TAX
6 FUND.
7 (b) ON JULY 1, 2021, THE STATE TREASURER SHALL TRANSFER ONE
8 HUNDRED SEVENTY MILLION DOLLARS FROM THE GENERAL FUND TO THE
9 STATE HIGHWAY FUND.
10 (c) ON EACH JULY 1 FROM JULY 1, 2024, THROUGH JULY 1, 2031,
11 THE STATE TREASURER SHALL TRANSFER:
12 (I) TEN MILLION FIVE HUNDRED THOUSAND DOLLARS FROM THE
13 GENERAL FUND TO THE MULTIMODAL TRANSPORTATION AND MITIGATION
14 OPTIONS FUND; AND
15 (II) SEVEN MILLION DOLLARS FROM THE GENERAL FUND TO THE
16 STATE HIGHWAY FUND FOR THE PURPOSE OF PROVIDING ADDITIONAL
17 FUNDING FOR THE REVITALIZING MAIN STREETS PROGRAM.
18 (d) (I) ON EACH JULY 1 FROM JULY 1, 2024, THROUGH JULY 1,
19 2028, THE STATE TREASURER SHALL TRANSFER ONE HUNDRED MILLION
20 DOLLARS FROM THE GENERAL FUND TO THE STATE HIGHWAY FUND; AND
21 (II) ON EACH JULY 1 FROM JULY 1, 2029, THROUGH JULY 1, 2031,
22 THE STATE TREASURER SHALL TRANSFER EIGHTY-TWO MILLION FIVE
23 HUNDRED THOUSAND DOLLARS FROM THE GENERAL FUND TO THE STATE
24 HIGHWAY FUND.
25 (e) THE DEPARTMENT OF TRANSPORTATION SHALL EXPEND FIVE
26 MILLION DOLLARS OF EACH TRANSFER FROM THE GENERAL FUND TO THE
27 STATE HIGHWAY FUND MADE PURSUANT TO SUBSECTION (8)(d) OF THIS
28 SECTION FROM JULY 1, 2024, THROUGH JULY 1, 2028, SOLELY TO
29 MITIGATE THE ENVIRONMENTAL AND HEALTH IMPACTS OF INCREASED AIR
30 POLLUTION FROM MOTOR VEHICLE EMISSIONS IN NONATTAINMENT AREAS
31 BY FUNDING PROJECTS THAT REDUCE VEHICLE MILES TRAVELED OR THAT
32 DIRECTLY REDUCE AIR POLLUTION.
33 (f) (I) ON JUNE 30, 2022, THE STATE TREASURER SHALL TRANSFER
34 FROM THE GENERAL FUND AN AMOUNT EQUAL TO THE LESSER OF FIFTY
35 PERCENT OF THE AMOUNT BY WHICH REVENUE FOR THE 2020-21 STATE
36 FISCAL YEAR THAT IS SUBJECT TO THE EXCESS STATE REVENUES CAP, AS
37 DEFINED IN SECTION 24-77-103.6 (6)(b), AND DOES NOT EXCEED THE CAP
38 EXCEEDED WHAT THE CAP WOULD HAVE BEEN IF THE CAP HAD BEEN
39 CALCULATED IN ACCORDANCE WITH LAW IN EFFECT IMMEDIATELY PRIOR
40 TO THE ENACTMENT OF SENATE BILL 21-260, ENACTED IN 2021, OR ONE
41 HUNDRED FIFTEEN MILLION DOLLARS AS FOLLOWS:
42 (A) NINETY-FOUR PERCENT OF THE AMOUNT TO THE MULTIMODAL
43 TRANSPORTATION AND MITIGATION OPTIONS FUND; AND
44 (B) SIX PERCENT OF THE AMOUNT TO THE STATE HIGHWAY FUND
45 FOR THE PURPOSE OF PROVIDING ADDITIONAL FUNDING FOR THE
46 REVITALIZING MAIN STREETS PROGRAM.
47 (II) ON JUNE 30, 2023, AND ON JUNE 30 OF EACH SUCCEEDING
48 STATE FISCAL YEAR THROUGH JUNE 30, 2026, THE STATE TREASURER
49 SHALL TRANSFER FROM THE GENERAL FUND AN AMOUNT EQUAL TO THE
50 LESSER OF FIFTY PERCENT OF THE AMOUNT BY WHICH REVENUE FOR THE
51 PRIOR STATE FISCAL YEAR THAT IS SUBJECT TO THE EXCESS STATE
52 REVENUES CAP, AS DEFINED IN SECTION 24-77-103.6 (6)(b), AND DOES
53 NOT EXCEED THE CAP FOR THE PRIOR STATE FISCAL YEAR IS ESTIMATED TO
54 EXCEED WHAT THE CAP WOULD HAVE BEEN IF THE CAP HAD BEEN
55 CALCULATED IN ACCORDANCE WITH LAW IN EFFECT IMMEDIATELY PRIOR
1 TO THE ENACTMENT OF SENATE BILL 21-260, ENACTED IN 2021, OR ONE
2 HUNDRED FIFTEEN MILLION DOLLARS LESS THE CUMULATIVE AMOUNT OF
3 ALL TRANSFERS PREVIOUSLY MADE PURSUANT TO THIS SUBSECTION (8)(f)
4 AS FOLLOWS:
5 (A) NINETY-FOUR PERCENT OF THE AMOUNT TO THE MULTIMODAL
6 TRANSPORTATION AND MITIGATION OPTIONS FUND; AND
7 (B) SIX PERCENT OF THE AMOUNT TO THE STATE HIGHWAY FUND
8 FOR THE PURPOSE OF PROVIDING ADDITIONAL FUNDING FOR THE
9 REVITALIZING MAIN STREETS PROGRAM.".
10
11 Page 63, line 3, after the period add "EACH SUCH RETAIL SALE IS A SINGLE
12 RETAIL DELIVERY REGARDLESS OF THE NUMBER OF SHIPMENTS
13 NECESSARY TO DELIVER THE ITEMS OF TANGIBLE PERSONAL PROPERTY
14 PURCHASED.".
15
16 Page 64, lines 6 and 7, strike "WHO SHALL SERVE AT THE PLEASURE OF
17 THE GOVERNOR" and substitute "WITH THE ADVICE AND CONSENT OF THE
18 SENATE".
19
20 Page 73, lines 24 and 25, strike "AVAILABLE FOR HEAVY DUTY TRUCKS
21 FOR A PERIOD OF TIME," and substitute "AVAILABLE,".
22
23 Page 73, line 26, after "GAS" insert "MOTOR VEHICLE".
24
25 Page 85, line 17, strike "2022-23," and substitute "2022-23 OR ANY
26 SUBSEQUENT STATE FISCAL YEAR,".
27
28 Page 92, line 8, strike "PLUG-IN HYBRID" and substitute "COMMERCIAL".
29
30 Page 93, line 18, after "ADJUSTED" insert "OR, DUE TO INCREASED USE OF
31 SUCH MOTOR VEHICLES, FEES SHOULD ALSO BE IMPOSED ON HYDROGEN
32 FUEL CELL MOTOR VEHICLES THAT ARE POWERED BY ELECTRICITY
33 PRODUCED FROM A FUEL CELL THAT USES HYDROGEN GAS AS FUEL".
34
35 Page 94, line 23, strike "VEHICLE," and substitute "VEHICLE".
36
37 Page 104, line 4, strike "(7)(e)" and substitute "(7)(f)".
38
39 Page 106, lines 26 and 27, strike "(7)(a)(II) and (7)(b)" and substitute
40 "(7)(a)(III)".
41
42 Page 114, line 4, strike "TWENTY-TWO" and substitute "TWENTY AND
43 ONE-HALF".
44
45 Page 114, line 5, strike "TWENTY-TWO" and substitute "TWENTY AND
46 ONE-HALF".
47
48 Page 120, line 17, after the period add "EACH SUCH RETAIL SALE IS A
49 SINGLE RETAIL DELIVERY REGARDLESS OF THE NUMBER OF SHIPMENTS
50 NECESSARY TO DELIVER THE ITEMS OF TANGIBLE PERSONAL PROPERTY
51 PURCHASED.".
52
53 Page 153, line 24, strike "project." and substitute "project OR TUNNEL
54 PROJECT.".
55
1 Page 158, line 24, strike "(5)(g.7), "INFLATION" MEANS" and substitute
2 "(5)(g.7):
3 (A) "INFLATION" MEANS".
4
5 Page 159, after line 5 insert:
6
7 "(B) "RETAIL DELIVERY" MEANS A RETAIL SALE OF TANGIBLE
8 PERSONAL PROPERTY BY A RETAILER FOR DELIVERY BY A MOTOR VEHICLE
9 OWNED OR OPERATED BY THE RETAILER OR ANY OTHER PERSON TO THE
10 PURCHASER AT A LOCATION IN THE STATE, WHICH SALE INCLUDES AT
11 LEAST ONE ITEM OF TANGIBLE PERSONAL PROPERTY THAT IS SUBJECT TO
12 TAXATION UNDER ARTICLE 26 OF TITLE 39. EACH SUCH RETAIL SALE IS A
13 SINGLE RETAIL DELIVERY REGARDLESS OF THE NUMBER OF SHIPMENTS
14 NECESSARY TO DELIVER THE ITEMS OF TANGIBLE PERSONAL PROPERTY
15 PURCHASED.".
16
17 Page 163, line 2, strike "(2)(a)(IV)" and substitute "(2)(a)(IV), (2)(d),".
18
19 Page 163, line 21, strike "SUBSECTION (2)(a)(IV)" and substitute
20 "SUBSECTIONS (2)(a)(IV) AND (2)(d)".
21
22 Page 164, strike line 6 and substitute:
23
24 "(IV) (A) ON JULY 1, 2021, THE STATE TREASURER SHALL
25 TRANSFER TWELVE MILLION DOLLARS FROM THE FUND TO THE FUND
26 CREATED IN SECTION 43-4-1002 FOR THE PURPOSE OF PROVIDING
27 ADDITIONAL FUNDING FOR THE SOUTHWEST CHIEF LA JUNTA ROUTE
28 RESTORATION PROGRAM.
29 (B) ON FEBRUARY 15, 2022, THE STATE TREASURER SHALL".
30
31 Page 165, after line 14 insert:
32
33 "(d) (I) ON AND AFTER JULY 1, 2022, UNLESS THE DEPARTMENT
34 HAS BOTH ADOPTED IMPLEMENTING GUIDELINES AND PROCEDURES THAT
35 SATISFY THE REQUIREMENTS OF SECTION 43-1-128 (3) AND UPDATED ITS
36 TEN-YEAR VISION PLAN TO COMPLY WITH THE IMPLEMENTING GUIDELINES
37 AND PROCEDURES, EXPENDITURES FROM THE FUND FOR STATE
38 MULTIMODAL PROJECTS SHALL NOT BE MADE; EXCEPT THAT, DURING
39 STATE FISCAL YEAR 2022-23 ONLY, EXPENDITURES MAY BE MADE FOR
40 MULTIMODAL PROJECTS THAT THE DEPARTMENT, IN CONSULTATION WITH
41 THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, DETERMINES
42 WILL HELP BRING THE TEN-YEAR VISION PLAN INTO COMPLIANCE WITH THE
43 REQUIREMENTS OF SECTION 43-1-128 (3).
44 (II) ON AND AFTER JULY 1, 2022, UNLESS THE DEPARTMENT HAS
45 ADOPTED IMPLEMENTING GUIDELINES AND PROCEDURES THAT SATISFY
46 THE REQUIREMENTS OF SECTION 43-1-128 (3) AND A METROPOLITAN
47 PLANNING ORGANIZATION THAT IS IN AN AREA OR INCLUDES AN AREA
48 THAT HAS BEEN OUT OF ATTAINMENT FOR NATIONAL AMBIENT AIR
49 QUALITY STANDARDS FOR OZONE FOR TWO YEARS OR MORE HAS UPDATED
50 ITS REGIONAL TRANSPORTATION PLAN TO COMPLY WITH THE
51 IMPLEMENTING GUIDELINES AND PROCEDURES, EXPENDITURES FROM THE
52 FUND FOR LOCAL MULTIMODAL PROJECTS WITHIN THE TERRITORY OF THE
53 METROPOLITAN PLANNING ORGANIZATION SHALL NOT BE MADE; EXCEPT
54 THAT, DURING STATE FISCAL YEAR 2022-23 ONLY, EXPENDITURES MAY BE
55 MADE FOR MULTIMODAL PROJECTS THAT THE DEPARTMENT, IN
1 CONSULTATION WITH THE DEPARTMENT OF PUBLIC HEALTH AND
2 ENVIRONMENT, DETERMINES WILL HELP BRING THE REGIONAL
3 TRANSPORTATION PLAN INTO COMPLIANCE WITH THE REQUIREMENTS OF
4 SECTION 43-1-128 (3).
5 (III) THE RESTRICTIONS SET FORTH IN SUBSECTIONS (2)(d)(I) AND
6 (2)(d)(II) OF THIS SECTION APPLY UNTIL THE DEPARTMENT OR AN
7 AFFECTED METROPOLITAN PLANNING ORGANIZATION UPDATES ITS
8 TEN-YEAR VISION PLAN OR REGIONAL TRANSPORTATION PLAN, AS
9 APPLICABLE, TO COMPLY WITH THE IMPLEMENTING GUIDELINES AND
10 PROCEDURES AS REQUIRED. BOTH THE DEPARTMENT AND AN AFFECTED
11 METROPOLITAN PLANNING ORGANIZATION SHALL WORK DILIGENTLY TO
12 ACHIEVE SUCH COMPLIANCE UNTIL IT IS ACHIEVED.".
13
14 Page 173, line 15, after the period add "EACH SUCH RETAIL SALE IS A
15 SINGLE RETAIL DELIVERY REGARDLESS OF THE NUMBER OF SHIPMENTS
16 NECESSARY TO DELIVER THE ITEMS OF TANGIBLE PERSONAL PROPERTY
17 PURCHASED.".
18
19 Page 174, lines 12 and 13, "WHO SHALL SERVE AT THE PLEASURE OF THE
20 GOVERNOR" and substitute "WITH THE ADVICE AND CONSENT OF THE
21 SENATE".
22
23 Page 181, strike lines 22 through 24 and substitute:
24
25 "(IV) THE REPLACEMENT OF MOTOR VEHICLES USED BY PUBLIC
26 TRANSIT PROVIDERS THAT ARE NOT ELECTRIC MOTOR VEHICLES BY
27 ELECTRIC MOTOR VEHICLES, OR, IF ELECTRIC MOTOR VEHICLES ARE NOT
28 PRACTICALLY AVAILABLE, BY COMPRESSED NATURAL GAS MOTOR
29 VEHICLES, AS DEFINED IN SECTION 25-7.5-102 (5), IF AT LEAST NINETY
30 PERCENT OF THE FUEL FOR THE COMPRESSED NATURAL GAS MOTOR
31 VEHICLES WILL BE RECOVERED METHANE, AS DEFINED IN SECTION
32 25-7.5-102 (20).".
33
34 Page 190, line 10, after the period add "EACH SUCH RETAIL SALE IS A
35 SINGLE RETAIL DELIVERY REGARDLESS OF THE NUMBER OF SHIPMENTS
36 NECESSARY TO DELIVER THE ITEMS OF TANGIBLE PERSONAL PROPERTY
37 PURCHASED.".
38
39 Page 191, line 10, after "GOVERNOR" insert "WITH THE CONSENT OF THE
40 SENATE".
41
42 Page 207, strike lines 11 through 16 and substitute:
43
44 "SECTION 56. Effective date. (1) Except as otherwise provided
45 in this section, this act takes effect upon passage.
46 (2) Section 24-75-219 (7), Colorado Revised Statutes, as enacted
47 in section 7 of this act, takes effect only if Senate Bill 21-____ does not
48 become law.
49 (3) Section 24-75-219 (8), Colorado Revised Statutes, as enacted
50 in section (7) of this act, takes effect only if Senate Bill 21-___ becomes
51 law, in which case section 24-75-219 (8) takes effect either upon the
52 effective date of this act or Senate Bill 21-___, whichever is later.
53 (4) Section 43-4-1103 (2)(a)(IV)(A), Colorado Revised Statutes,
54 as enacted in section 50 of this act, takes effect only if Senate Bill 21-___
55 becomes law, in which case section 43-4-1103 (2)(a)(IV)(A) takes effect
1 either upon the effective date of this act or Senate Bill 21-___, whichever
2 is later.
3 (5) Section 43-4-1103 (2)(a)(IV)(B), Colorado Revised Statutes,
238 4 as enacted in section 50 of this act, takes effect only if Senate Bill 21-
5 becomes law, in which case section 43-4-1103 (2)(a)(IV)(B) takes effect
6 either upon the effective date of this act or Senate Bill 21-238, whichever
7 is later.".
8
9

House Journal, May 28
36 SB21-260 be amended as follows, and as so amended, be referred to
37 the Committee of the Whole with favorable
38 recommendation:
39
40 Amend the Finance Committee Report, dated May 24, 2021, page 1,
41 strike lines 8 through 16 and substitute:
42
43 "Page 45 of the reengrossed bill, strike lines 23 through 27.
44
45 Strike pages 46 and 47 of the bill.
46
47 Page 48 of the bill, strike lines 1 through 12 and substitute:
48
49 "(a) ON JUNE 30, 2021, FROM THE MONEY THAT THE STATE
50 RECEIVED FROM THE FEDERAL CORONAVIRUS STATE FISCAL RECOVERY
51 FUND UNDER SECTION 9901 OF TITLE IX, SUBTITLE M OF THE "AMERICAN
52 RESCUE PLAN ACT OF 2021", PUB.L. 117-2, WHICH IS ELIGIBLE TO BE USED
53 AS SPECIFIED IN SECTION 602 (c)(I)(C) OF SAID SECTION 9901, THE STATE
54 TREASURER SHALL TRANSFER:".".
55
56 Page 2 of the report, line 28, strike "FIVE" and substitute "TEN".
1 Page 2 of the report, line 30, strike "(8)(d)" and substitute "(7)(d)".
2
3 Page 3 of the report, line 20, strike "(8)(f)" and substitute "(7)(f)".
4
5 Page 7 of the report, after line 1 insert:
6
7 "Strike pages 205 and 206 of the bill.
8
9 Page 207 of the bill, strike lines 1 through 4 and substitute:
10
11 "SECTION 54. Appropriation. (1) For the 2021-22 state fiscal
12 year, $161,099,957 is appropriated to the department of transportation.
13 This appropriation consists of $259,957 from the state highway fund
14 created in section 43-1-219, C.R.S., $146,340,000 from the multimodal
1103 15 transportation options and mitigation fund created in section 43-4-
16 (1)(a), C.R.S., and $14,500,000 from the southwest chief rail line
17 economic development, rural tourism, and infrastructure repair and
18 maintenance fund created in Section 43-4-1002 (1), C.R.S. To implement
19 this act, the department may use this appropriation as follows:
20 (a) $259,957 from the state highway fund for administration,
21 which amount is based on an assumption that the department will require
22 an additional 3.0 FTE;
23 (b) $14,500,000 from the southwest chief rail line economic
24 development, rural tourism, and infrastructure repair and maintenance
25 fund for southwest chief and front range passenger rail commission; and
26 (c) $146,340,000 from the multimodal transportation options and
27 mitigation fund for multimodal transportation projects.
28 (2) For the 2021-22 state fiscal year, $1,104,661 is appropriated
480 29 to the department of revenue. This appropriation consists of $1,082,
30 from the general fund and $22,181 from the license plate cash fund
31 created in section 42-3-301 (1)(b), C.R.S. To implement this act, the
32 department may use this appropriation as follows:
33 (a) $109,135 general fund for use by the executive director's
34 office for personal services related to administration and support, which
35 amount is based on an assumption that the office will require an
36 additional 1.8 FTE;
37 (b) $259,875 general fund for use by the taxation business group
38 for tax administration IT system (GenTax) support related to
39 administration;
40 (c) $231,020 general fund for use by the taxation business group
41 for personal services related to taxation services, which amount is based
42 on an assumption that the group will require an additional 3.5 FTE;
43 (d) $70,250 general fund for use by the taxation business group
44 for operating expenses related to taxation services;
45 (e) $412,200 general fund for use by the division of motor
46 vehicles for DRIVES maintenance and support; and
47 (f) $22,181 from the license plate cash fund for use by the division
48 of motor vehicles for license plate ordering.
49 (3) For the 2021-22 state fiscal year, $100,491 is appropriated to
50 the energy fund created in section 24-38.5-102.4, C.R.S. This
51 appropriation is from the general fund. The office of the governor is
52 responsible for the accounting related to this appropriation.
53 (4) For the 2021-22 state fiscal year, $1,702,187 is appropriated
54 to the department of public health and environment. This appropriation
55 is from the general fund. To implement this act, the department may use
56 this appropriation as follows:
1 (a) $23,449 for use by the air pollution control division for
2 personal services related to mobile sources, which amount is based on an
3 assumption that the division will require an additional 0.3 FTE;
4 (b) $9,405 for use by the air pollution control division for
5 operating expenses related to mobile sources; and
6 (c) $1,669,333 for use by the air pollution control division for
7 transfer to the clean fleet enterprise initial expenses fund pursuant to
8 section 25-7.5-103 (5)(b), C.R.S.
9 (5) For the 2021-22 state fiscal year, $504,583 is appropriated to
10 the department of law and is based on the assumption that the department
11 will require an additional 2.6 FTE. Of this appropriation, $191,412 is
12 from reappropriated funds received from the department of transportation
13 under subsection (1)(a) of this section and is based on an assumption that
14 the department of law will require an additional 1.0 FTE; $100,491 is
15 from reappropriated funds received from the office of the governor under
16 subsection (3) of this section and is based on an assumption that the
17 department of law will require an additional 0.5 FTE; and $212,680 is
18 from reappropriated funds received from the department of public health
19 and environment under subsection (4)(c) of this section and is based on
1 20 an assumption that the department of law will require an additional 1.
21 FTE. To implement this act, the department of law may use this
22 appropriation to provide legal services for the department of
23 transportation, office of the governor, and department of public health
24 and environment.
25 SECTION 55. Appropriation. (1) For the 2021-22 state fiscal
26 year, $158,599,957 is appropriated to the department of transportation.
27 This appropriation consists of $259,957 from the state highway fund
28 created in section 43-1-219, C.R.S., $146,340,000 from the multimodal
1103 29 transportation options and mitigation fund created in section 43-4-
30 (1)(a), C.R.S., and $12,000,000 from the southwest chief rail line
31 economic development, rural tourism, and infrastructure repair and
32 maintenance fund created in Section 43-4-1002 (1), C.R.S. To implement
33 this act, the department may use this appropriation as follows:
34 (a) $259,957 from the state highway fund for administration,
35 which amount is based on an assumption that the division will require an
36 additional 3.0 FTE;
37 (b) $12,000,000 from the southwest chief rail line economic
38 development, rural tourism and infrastructure repair and maintenance
39 fund for southwest chief and front range passenger rail commission; and
40 (c) $146,340,000 from the multimodal transportation options and
41 mitigation fund for multimodal transportation projects.
42 (2) For the 2021-22 state fiscal year, $1,104,661 is appropriated
480 43 to the department of revenue. This appropriation consists of $1,082,
44 from the general fund and $22,181 from the license plate cash fund
45 created in section 42-3-301 (1)(b), C.R.S. To implement this act, the
46 department may use this appropriation as follows:
47 (a) $109,135 general fund for use by the executive director's
48 office for personal services related to administration and support, which
49 amount is based on an assumption that the office will require an
50 additional 1.8 FTE;
51 (b) $259,875 general fund for use by the taxation business group
52 for tax administration IT system (GenTax) support related to
53 administration;
54 (c) $231,020 general fund for use by the taxation business group
55 for personal services related to taxation services, which amount is based
56 on an assumption that the group will require an additional 3.5 FTE;
1 (d) $70,250 general fund for use by the taxation business group
2 for operating expenses related to taxation services;
3 (e) $412,200 general fund for use by the division of motor
4 vehicles for DRIVES maintenance and support; and
5 (f) $22,181 from the license plate cash fund for use by the division
6 of motor vehicles for license plate ordering.
7 (3) For the 2021-22 state fiscal year, $100,491 is appropriated to
8 the energy fund created in section 24-38.5-102.4, C.R.S. This
9 appropriation is from the general fund. The office of the governor is
10 responsible for the accounting related to this appropriation.
11 (4) For the 2021-22 state fiscal year, $1,702,187 is appropriated
12 to the department of public health and environment. This appropriation
13 is from the general fund. To implement this act, the department may use
14 this appropriation as follows:
15 (a) $23,449 for use by the air pollution control division for
16 personal services related to mobile sources, which amount is based on an
17 assumption that the division will require an additional 0.3 FTE;
18 (b) $9,405 for use by the air pollution control division for
19 operating expenses related to mobile sources; and
20 (c) $1,669,333 for use by the air pollution control division for
21 transfer to the clean fleet enterprise initial expenses fund pursuant to
22 section 25-7.5-103 (5)(b), C.R.S.
23 (5) For the 2021-22 state fiscal year, $504,583 is appropriated to
24 the department of law and is based on the assumption that the department
25 will require an additional 2.6 FTE. Of this appropriation, $191,412 is
26 from reappropriated funds received from the department of transportation
27 under subsection (1)(a) of this section and is based on an assumption that
28 the department of law will require an additional 1.0 FTE; $100,491 is
29 from reappropriated funds received from the office of the governor under
30 subsection (3) of this section and is based on an assumption that the
31 department of law will require an additional 0.5 FTE; and $212,680 is
32 from reappropriated funds received from the department of public health
33 and environment under subsection (4)(c) of this section and is based on
1 34 an assumption that the department of law will require an additional 1.
35 FTE. To implement this act, the department of law may use this
36 appropriation to provide legal services for the department of
37 transportation, office of the governor, and department of public health
38 and environment.".
39
40 Renumber succeeding sections accordingly.".
41
42 Page 7 of the report, strike lines 2 through 21 and substitute:
43
44 "Page 207 of the bill, strike lines 11 through 16 and substitute:
45
46 "SECTION 57. Effective date. (1) Except as otherwise provided
47 in this section, this act takes effect upon passage.
48 (2) Section 54 of this act and section 43-1-1103 (2)(a)(IV(B),
49 Colorado Revised Statutes, as enacted in section 50 of this act, take effect
50 either upon the effective date of this act or Senate Bill 21-238, whichever
51 is later.
238 52 (3) Section 55 of this act takes effect only if Senate Bill 21-
53 does not become law.".".
54
55

House Journal, May 28
45 Amendment No. 1, Appropriations Report, dated May 28, 2021, and
46 placed in member's bill file; Report also printed in House Journal,
47 May 28, 2021.
48
49 Amendment No. 2, Finance Report, dated May 24, 2021, and placed in
50 member's bill file; Report also printed in House Journal, May 25, 2021.
51
52 Amendment No. 3, by Speaker Garnett and Representative Gray.
53
54 Amend the Appropriations Committee Report, dated May 28, 2021, page
55 1, line 8, after "THE" insert "FEDERAL".
1 Page 5, line 27, strike "43-4-1103 (2)(a)(IV(B)," and substitute
2 "43-1-1103 (2)(a)(IV)(B),".
3
4 Page 5, line 28, after "effect" insert "only if Senate Bill 21-238 becomes
1103 5 law, in which case section 54 of this act and section 43-1-
6 (2)(a)(IV)(B) take effect".
7
8 Amendment No. 4, by Speaker Garnett and Representative Gray.
9
10 Amend the Finance Committee Report, dated May 24, 2021, page 1, line
11 17, strike "EIGHTY-ONE MILLION SIX" and substitute "EIGHTY-TWO
12 MILLION ONE".
13
14 Page 2, line 5, strike "SIXTY MILLION EIGHT" and substitute "SIXTY-ONE
15 MILLION THREE".
16
17 Page 2, line 8, after "MILLION" insert "FIVE HUNDRED THOUSAND".
18
19 Amendment No. 5, by Speaker Garnett and Representative Gray.
20
21 Amend the Finance Committee Report, dated May 24, 2021, page 5, line
22 16, strike "JULY" and substitute "OCTOBER".
23
24 Page 5, line 20, strike "FUND" and substitute "FUNDS MADE AVAILABLE
25 FOR MULTIMODAL PROJECTS PURSUANT TO SECTIONS 24-75-219 (7)(c)(I)
26 AND 43-4-218 (3)".
27
28 Page 5, lines 21 and 22, strike "NOT BE MADE; EXCEPT THAT, DURING
29 STATE FISCAL YEAR 2022-23 ONLY, EXPENDITURES MAY" and substitute
30 "ONLY".
31
32 Page 5, line 27, strike "JULY" and substitute "OCTOBER".
33
34 Page 5, line 34, strike "FUND" and substitute "FUNDS MADE AVAILABLE
35 FOR MULTIMODAL PROJECTS PURSUANT TO SECTIONS 24-75-219 (7)(c)(I)
36 AND 43-4-218 (3)".
37
38 Page 6, lines 1 and 2, strike "NOT BE MADE; EXCEPT THAT, DURING STATE
39 FISCAL YEAR 2022-23 ONLY, EXPENDITURES MAY" and substitute " ONLY".
40
41 Amendment No. 6, by Representative McKean.
42
43 Amend the Finance Committee Report, dated May 24, 2021, page 3,
44 strike lines 33 through 35 and substitute:
45
46 "Page 73 of the reengrossed bill, strike lines 23 through 26 and substitute
47 "VEHICLES, THROUGH DECEMBER 31, 2026, TO HELP PUBLIC AND PRIVATE
48 OWNERS AND OPERATORS OF MOTOR VEHICLE FLEETS FINANCE
49 ACQUISITIONS OF COMPRESSED NATURAL GAS MOTOR VEHICLES THAT ARE
50 TRUCKS IF AT LEAST NINETY PERCENT OF THE FUEL FOR THE TRUCKS WILL
51 BE RECOVERED METHANE, AND, ON AND AFTER JANUARY 1, 2027, FOR SO
52 LONG AS THE ENTERPRISE DETERMINES THAT ELECTRIC MOTOR VEHICLES
53 OR NOT YET PRACTICALLY AVAILABLE OR DO NOT MEET THE OPERATIONAL
54 REQUIREMENTS SUCH AS CARGO CARRYING CAPACITY AND DRIVING RANGE
55 FOR SPECIFIC CATEGORIES OF TRUCKS, TO HELP PUBLIC AND PRIVATE
1 OWNERS AND OPERATORS OF MOTOR VEHICLE FLEETS FINANCE
2 ACQUISITIONS OF COMPRESSED NATURAL GAS MOTOR VEHICLES THAT ARE
3 TRUCKS".".
4
5 Amendment No. 7, by Speaker Garnett.
6
7 Amend reengrossed bill, page 30, line 21, strike "MOTOR VEHICLE
8 MANUFACTURERS," and substitute "THE AUTOMOBILE INDUSTRY
9 INCLUDING MANUFACTURERS AND DEALERS,".
10
11 Amendment No. 8, by Speaker Garnett.
12
13 Amend reengrossed bill, page 27, strike lines 19 and 20.
14
15 Renumber succeeding subsections accordingly.
16
17 Page 176, line 8, strike "RECHARGING" and substitute "CHARGING".
18
19 Amendment No. 9, by Speaker Garnett.
20
21 Amend reengrossed bill, page 96, after line 7 insert:
22
23 "SECTION 28. In Colorado Revised Statutes, 43-1-116, add (5)
24 as follows:
25 43-1-116. Engineering, design, and construction division -
26 created - duties - environmental justice and equity branch. (5) THE
27 ENVIRONMENTAL JUSTICE AND EQUITY BRANCH IS CREATED IN THE
28 ENGINEERING, DESIGN, AND CONSTRUCTION DIVISION. THE FUNCTION OF
29 THE ENVIRONMENTAL JUSTICE AND EQUITY BRANCH IS TO WORK DIRECTLY
30 WITH DISPROPORTIONATELY IMPACTED COMMUNITIES, AS WELL AS WITH
31 OTHER DEPARTMENT PROGRAMS, IN THE PROJECT PLANNING,
32 ENVIRONMENTAL STUDY, AND PROJECT DELIVERY PHASES OF
33 TRANSPORTATION CAPACITY PROJECTS. THE ENVIRONMENTAL JUSTICE
34 AND EQUITY BRANCH SHALL IDENTIFY AND ADDRESS TECHNOLOGICAL,
35 LANGUAGE, AND INFORMATION BARRIERS THAT MAY PREVENT
36 DISPROPORTIONATELY IMPACTED COMMUNITIES FROM PARTICIPATING
37 FULLY IN TRANSPORTATION DECISIONS THAT AFFECT HEALTH, QUALITY OF
38 LIFE, AND ACCESS FOR DISADVANTAGED AND MINORITY BUSINESSES IN
39 PROJECT DELIVERY.".
40
41 Renumber succeeding sections accordingly.
42
43 Page 207, line 13, strike "50" and substitute "51".
44
45 As amended, ordered revised and placed on the Calendar for Third
46 Reading and Final Passage.

House Journal, May 28
1 Amend reengrossed bill, page 10, line 26, after "program;" add "and".
2
3 Page 10, strike line 27.
4
5 Page 11, strike lines 1 through 10.
6
7 Reletter succeeding paragraph accordingly.
8
9 Page 18, lines 2 and 3, strike "and 24-38.5-111".
10
11 Page 18, strike lines 22 through 27.
12
13 Page 19, strike lines 1 through 9.
14
15 The amendment was declared lost by the following roll call vote:
16
17 YES 21 NO 40 EXCUSED 4 ABSENT
18 Amabile N Exum N Lynch Y Sirota N
19 Bacon N Froelich N McCluskie N Snyder N
20 Baisley E Geitner Y McCormick N Soper Y
21 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan N
22 Bernett N Gray N McLachlan N Tipper N
23 Bird N Hanks Y Michaelson Jenet N Titone N
24 Bockenfeld Y Herod N Mullica N Valdez A. N
25 Boesenecker N Holtorf Y Neville Y Valdez D. N
26 Bradfield Y Hooton N Ortiz N Van Beber Y
27 Caraveo N Jackson E Pelton Y Van Winkle E
28 Carver Y Jodeh N Pico Y Weissman N
29 Catlin Y Kennedy N Ransom Y Will Y
30 Cutter N Kipp N Rich Y Williams E
31 Daugherty N Larson Y Ricks N Woodrow N
32 Duran N Lontine N Roberts N Woog Y
33 Esgar N Luck Y Sandridge Y Young N
34 Speaker N

House Journal, May 28
41 Amend the Finance Committee Report, dated May 24, 2021, page 1, after
42 line 10 insert:
43
44 "Page 46 of the reengrossed bill, strike lines 20 through 26 and substitute:
45
46 "(d) ON JULY 1, 2022, AND ON EACH JULY 1 THEREAFTER, THE
47 STATE TREASURER SHALL TRANSFER TWO HUNDRED MILLION DOLLARS
48 FROM THE GENERAL FUND TO THE STATE HIGHWAY FUND.".".
49
50 Page 2 of the report, strike lines 21 through 27 and substitute:
51
52 "(d) ON JULY 1, 2022, AND ON EACH JULY 1 THEREAFTER, THE
53 STATE TREASURER SHALL TRANSFER TWO HUNDRED MILLION DOLLARS
54 FROM THE GENERAL FUND TO THE STATE HIGHWAY FUND.".
55
1 The amendment was declared lost by the following roll call vote:
2
3 YES 23 NO 38 EXCUSED 4 ABSENT
4 Amabile N Exum N Lynch Y Sirota N
5 Bacon N Froelich N McCluskie N Snyder N
6 Baisley E Geitner Y McCormick N Soper Y
7 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan N
8 Bernett N Gray N McLachlan N Tipper N
9 Bird N Hanks Y Michaelson Jenet N Titone N
10 Bockenfeld Y Herod N Mullica N Valdez A. N
11 Boesenecker N Holtorf Y Neville Y Valdez D. Y
12 Bradfield Y Hooton N Ortiz N Van Beber Y
13 Caraveo N Jackson E Pelton Y Van Winkle E
14 Carver Y Jodeh N Pico Y Weissman N
15 Catlin Y Kennedy N Ransom Y Will Y
16 Cutter N Kipp N Rich Y Williams E
17 Daugherty N Larson Y Ricks N Woodrow N
18 Duran N Lontine N Roberts Y Woog Y
19 Esgar N Luck Y Sandridge Y Young N
20 Speaker N

House Journal, May 28
27 Amend the Finance Committee Report, dated May 24, 2021, page 1, after
28 line 10 insert:
29
30 "Page 46 of the reengrossed bill, strike lines 20 through 26 and substitute:
31
32 "(d) ON EACH JULY 1 FROM JULY 1, 2024, THROUGH JULY 1, 2043,
33 THE STATE TREASURER SHALL TRANSFER ONE HUNDRED MILLION DOLLARS
34 FROM THE GENERAL FUND TO THE STATE HIGHWAY FUND.".".
35
36 Page 2 of the report, strike lines 21 through 27 and substitute:
37
38 "(d) ON EACH JULY 1 FROM JULY 1, 2024, THROUGH JULY 1, 2043,
39 THE STATE TREASURER SHALL TRANSFER ONE HUNDRED MILLION DOLLARS
40 FROM THE GENERAL FUND TO THE STATE HIGHWAY FUND.".
41
42 The amendment was declared lost by the following roll call vote:
43
44 YES 22 NO 39 EXCUSED 4 ABSENT
45 Amabile N Exum N Lynch Y Sirota N
46 Bacon N Froelich N McCluskie N Snyder N
47 Baisley E Geitner Y McCormick N Soper Y
48 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan N
49 Bernett N Gray N McLachlan N Tipper N
50 Bird N Hanks Y Michaelson Jenet N Titone N
51 Bockenfeld Y Herod N Mullica N Valdez A. N
52 Boesenecker N Holtorf Y Neville Y Valdez D. Y
53 Bradfield Y Hooton N Ortiz N Van Beber Y
54 Caraveo N Jackson E Pelton Y Van Winkle E
55 Carver Y Jodeh N Pico Y Weissman N
1 Catlin Y Kennedy N Ransom Y Will Y
2 Cutter N Kipp N Rich Y Williams E
3 Daugherty N Larson Y Ricks N Woodrow N
4 Duran N Lontine N Roberts N Woog Y
5 Esgar N Luck Y Sandridge Y Young N
6 Speaker N

House Journal, May 28
13 Amend reengrossed bill, page 40, after line 24 insert:
14
15 "24-38.5-304. Repeal of part - transfer of money to highway
16 users tax fund. (1) THIS PART 3 IS REPEALED, EFFECTIVE JULY 1, 2032.
17 (2) ON JUNE 30, 2032, THE STATE TREASURER SHALL TRANSFER
18 ALL UNEXPENDED AND UNENCUMBERED MONEY IN THE COMMUNITY
19 ACCESS ENTERPRISE FUND CREATED IN SECTION 24-38.5-303 (5)(a) TO THE
20 HIGHWAYS USERS TAX FUND CREATED IN SECTION 43-4-201 (1)(a).".
21
22 Page 77, after line 17 insert:
23
24 "25-7.5-104. Repeal of article - transfer of money to highway
25 users tax fund. (1) THIS ARTICLE 7.5 IS REPEALED, EFFECTIVE JULY 1,
26 2032.
27 (2) ON JUNE 30, 2032, THE STATE TREASURER SHALL TRANSFER
28 ALL UNEXPENDED AND UNENCUMBERED MONEY IN THE CLEAN FLEET
29 ENTERPRISE FUND CREATED IN SECTION 25-7.5-103 (5)(a) TO THE
30 HIGHWAY USERS TAX FUND CREATED IN SECTION 43-4-201 (1)(a).".
31
32 Page 105, line 27, strike "(25)(a.7)".
33
34 Page 106, line 1, strike "AND" and substitute "(25)(a.7),".
35
36 Page 106, line 3, strike "43-4-217 (8)" and substitute "43-4-217 (8), AND
37 MONEY THAT IS CREDITED TO THE HIGHWAY USERS TAX FUND AS
38 REQUIRED BY SECTIONS 24-38.5-304 (2), 25-7.5-104 (2), 43-4-1204 (2),
39 AND 43-4-1304 (2)".
40
41 Page 184, after line 3 insert:
42
43 "43-4-1204. Repeal of part - transfer of money to highway
44 users tax fund. (1) THIS PART 12 IS REPEALED, EFFECTIVE JULY 1, 2032.
45 (2) ON JUNE 30, 2032, THE STATE TREASURER SHALL TRANSFER
46 ALL UNEXPENDED AND UNENCUMBERED MONEY IN THE CLEAN TRANSIT
47 ENTERPRISE FUND CREATED IN SECTION 43-4-1203 (5)(a) TO THE
48 HIGHWAYS USERS TAX FUND CREATED IN SECTION 43-4-201 (1)(a).".
49
50 Page 202, after line 1 insert:
51
52 "43-4-1304. Repeal of part - transfer of money to highway
53 users tax fund. (1) THIS PART 13 IS REPEALED, EFFECTIVE JULY 1, 2032.
54
1 (2) ON JUNE 30, 2032, THE STATE TREASURER SHALL TRANSFER
2 ALL UNEXPENDED AND UNENCUMBERED MONEY IN THE NONATTAINMENT
3 AREA AIR POLLUTION MITIGATION ENTERPRISE FUND CREATED IN SECTION
4 43-4-1303 (5)(a) TO THE HIGHWAY USERS TAX FUND CREATED IN SECTION
5 43-4-201 (1)(a).".
6
7 The amendment was declared lost by the following roll call vote:
8
9 YES 21 NO 40 EXCUSED 4 ABSENT
10 Amabile N Exum N Lynch Y Sirota N
11 Bacon N Froelich N McCluskie N Snyder N
12 Baisley E Geitner Y McCormick N Soper Y
13 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan N
14 Bernett N Gray N McLachlan N Tipper N
15 Bird N Hanks Y Michaelson Jenet N Titone N
16 Bockenfeld Y Herod N Mullica N Valdez A. N
17 Boesenecker N Holtorf Y Neville Y Valdez D. N
18 Bradfield Y Hooton N Ortiz N Van Beber Y
19 Caraveo N Jackson E Pelton Y Van Winkle E
20 Carver Y Jodeh N Pico Y Weissman N
21 Catlin Y Kennedy N Ransom Y Will Y
22 Cutter N Kipp N Rich Y Williams E
23 Daugherty N Larson Y Ricks N Woodrow N
24 Duran N Lontine N Roberts N Woog Y
25 Esgar N Luck Y Sandridge Y Young N
26 Speaker N

House Journal, May 28
33 Amend reengrossed bill, page 207, strike lines 17 through 19 and
34 substitute:
35
36 "SECTION 57. Refer to people under referendum. At the
37 election held on November 8, 2022, the secretary of state shall submit this
38 act by its ballot title to the registered electors of the state for their
39 approval or rejection. Each elector voting at the election may cast a vote
40 either "Yes/For" or "No/Against" on the following ballot title: "Shall
41 there be a change to the Colorado Revised Statutes concerning the
42 sustainability of the transportation system in Colorado, and, in connection
43 therewith, creating new sources of dedicated funding and new state
44 enterprises to preserve, improve, and expand existing transportation
45 infrastructure, develop the modernized infrastructure needed to support
46 the widespread adoption of electric motor vehicles, and mitigate
47 environmental and health impacts of transportation system use; and
48 expanding authority for regional transportation improvements?" Except
49 as otherwise provided in section 1-40-123, Colorado Revised Statutes, if
50 a majority of the electors voting on the ballot title vote "Yes/For", then
51 the act will become part of the Colorado Revised Statutes.".
52
53 The amendment was declared lost by the following roll call vote:
54
1 YES 21 NO 40 EXCUSED 4 ABSENT
2 Amabile N Exum N Lynch Y Sirota N
3 Bacon N Froelich N McCluskie N Snyder N
4 Baisley E Geitner Y McCormick N Soper Y
5 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan N
6 Bernett N Gray N McLachlan N Tipper N
7 Bird N Hanks Y Michaelson Jenet N Titone N
8 Bockenfeld Y Herod N Mullica N Valdez A. N
9 Boesenecker N Holtorf Y Neville Y Valdez D. N
10 Bradfield Y Hooton N Ortiz N Van Beber Y
11 Caraveo N Jackson E Pelton Y Van Winkle E
12 Carver Y Jodeh N Pico Y Weissman N
13 Catlin Y Kennedy N Ransom Y Will Y
14 Cutter N Kipp N Rich Y Williams E
15 Daugherty N Larson Y Ricks N Woodrow N
16 Duran N Lontine N Roberts N Woog Y
17 Esgar N Luck Y Sandridge Y Young N
18 Speaker N

House Journal, May 28
25 Amend reengrossed bill, page 18, after line 1 insert:
26
27 "SECTION 5. In Colorado Revised Statutes, 24-34-104, add
28 (32.5) as follows:
29 24-34-104. General assembly review of regulatory agencies
30 and functions for repeal, continuation, or reestablishment - legislative
31 declaration - repeal. (32.5) (a) THE FOLLOWING AGENCIES, FUNCTIONS,
32 OR BOTH, ARE SCHEDULED FOR REPEAL ON JULY 1, 2032:
33 (I) THE COMMUNITY ACCESS ENTERPRISE CREATED IN SECTION
34 24-38.5-303 (1);
35 (II) THE CLEAN FLEET ENTERPRISE CREATED IN SECTION
36 25-7.5-103 (1)(a);
37 (III) THE CLEAN TRANSIT ENTERPRISE CREATED IN SECTION
38 43-4-1203 (1)(a); AND
39 (IV) THE NONATTAINMENT AREA AIR POLLUTION MITIGATION
40 ENTERPRISE CREATED IN SECTION 43-4-1303 (1)(a).
41 (b) THIS SUBSECTION (32.5) IS REPEALED, EFFECTIVE JULY 1,
42 2034.".
43
44 Renumber succeeding sections accordingly.
45
46 Page 39, line 7, strike "PUBLISH" and substitute "PUBLISH, SUBMIT TO THE
47 GENERAL ASSEMBLY,".
48
49 Page 39, line 8, strike "DETAILS" and substitute "DETAILS, THROUGH A
50 SPECIFIC PLAN, GOALS, AND ANNUAL BENCHMARKS,".
51
52 Page 40, after line 24 insert:
53 "24-38.5-304. Repeal. (1) THIS PART 3 IS REPEALED, EFFECTIVE
54 JULY 1, 2032. BEFORE ITS REPEAL, THIS PART 3 IS SCHEDULED FOR REVIEW
55 IN ACCORDANCE WITH SECTION 24-34-104.
1 (2) WHEN ANALYZING AND EVALUATING THE PERFORMANCE OF
2 THE ENTERPRISE AS REQUIRED BY SECTION 24-34-104 (5)(a), THE
3 DEPARTMENT OF REGULATORY AGENCIES SHALL FOCUS ON THE EXTENT TO
4 WHICH THE ENTERPRISE HAS ACHIEVED ITS PLAN, GOALS, AND ANNUAL
5 BENCHMARKS AS SET FORTH IN THE TEN-YEAR PLAN THAT IT PUBLISHES,
6 SUBMITS TO THE GENERAL ASSEMBLY, AND POSTS ON ITS WEBSITE BY JUNE
7 1, 2022, AS REQUIRED BY SECTION 24-38.5-303 (10)(a)(I).
8 (3) NOTWITHSTANDING THE WIND-UP PERIOD DESCRIBED IN
9 SECTION 24-34-104 (2)(b), THE ENTERPRISE SHALL NOT IMPOSE OR
10 COLLECT THE COMMUNITY ACCESS RETAIL DELIVERY FEE AFTER JUNE 30,
11 2032.
12 (4) ON JULY 1, 2032, THE STATE TREASURER SHALL TRANSFER ALL
13 UNALLOCATED MONEY IN THE COMMUNITY ACCESS ENTERPRISE FUND TO
14 THE HIGHWAY USERS TAX FUND.".
15
16 Page 75, line 27, strike "PUBLISH" and substitute "PUBLISH, SUBMIT TO
17 THE GENERAL ASSEMBLY,".
18
19 Page 76, line 1, strike "DETAILS" and substitute "DETAILS, THROUGH A
20 SPECIFIC PLAN, GOALS, AND ANNUAL BENCHMARKS,".
21
22 Page 77, after line 17 insert:
23
24 "25-7.5-104. Repeal. (1) THIS ARTICLE 7.5 IS REPEALED,
25 EFFECTIVE JULY 1, 2032. BEFORE ITS REPEAL, THIS ARTICLE 7.5 IS
26 SCHEDULED FOR REVIEW IN ACCORDANCE WITH SECTION 24-34-104.
27 (2) WHEN ANALYZING AND EVALUATING THE PERFORMANCE OF
28 THE ENTERPRISE AS REQUIRED BY SECTION 24-34-104 (5)(a), THE
29 DEPARTMENT OF REGULATORY AGENCIES SHALL FOCUS ON THE EXTENT TO
30 WHICH THE ENTERPRISE HAS ACHIEVED ITS PLAN, GOALS, AND ANNUAL
31 BENCHMARKS AS SET FORTH IN THE TEN-YEAR PLAN THAT IT PUBLISHES,
32 SUBMITS TO THE GENERAL ASSEMBLY, AND POSTS ON ITS WEBSITE BY JUNE
33 1, 2022, AS REQUIRED BY SECTION 25-7.5-103 (11)(a)(I).
34 (3) NOTWITHSTANDING THE WIND-UP PERIOD DESCRIBED IN
35 SECTION 24-34-104 (2)(b), THE ENTERPRISE SHALL NOT IMPOSE OR
36 COLLECT THE CLEAN FLEET PER RIDE FEE OR THE CLEAN FLEET RETAIL
37 DELIVERY FEE AFTER JUNE 30, 2032.
38 (4) ON JULY 1, 2032, THE STATE TREASURER SHALL TRANSFER ALL
39 UNALLOCATED MONEY IN THE CLEAN FLEET ENTERPRISE FUND TO THE
40 HIGHWAY USERS TAX FUND.".
41
42 Page 105, line 27, strike "(25)(a.7)".
43
44 Page 106, line 1, strike "AND" and substitute "(25)(a.7),".
45
46 Page 106, line 3, strike "43-4-217 (8)" and substitute "43-4-217 (8), AND
47 MONEY THAT IS CREDITED TO THE HIGHWAY USERS TAX FUND AS
48 REQUIRED BY SECTIONS 24-38.5-304 (4), 25-7.5-104 (4), 43-4-1204 (4),
49 AND 43-4-1304 (4)".
50
51 Page 106, line 20, after "FEE" insert "THAT IS ALLOCATED PURSUANT TO
52 THIS SUBSECTION (6.8)(b)".
53
54 Page 107, after line 8 insert:
55
1 "(d) REVENUE FROM THE RETAIL DELIVERY FEE IMPOSED
2 PURSUANT TO SECTION 43-4-218 (3) THAT IS CREDITED TO THE HIGHWAY
3 USERS TAX FUND AS REQUIRED BY SECTION 43-4-218 (8) MUST BE
4 ALLOCATED AND EXPENDED IN ACCORDANCE WITH THE FORMULA
5 SPECIFIED IN SUBSECTION (6)(b) OF THIS SECTION.".
6
7 Page 126, after line 19 insert:
8
9 "(8) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION,
10 ON JULY 1, 2032, THE AMOUNT OF THE RETAIL DELIVERY FEE SHALL BE
11 INCREASED BY AN AMOUNT EQUAL TO THE COMBINED AMOUNT OF THE
12 ENTERPRISE RETAIL DELIVERY FEES IN EFFECT ON JUNE 30, 2032, FOR ALL
13 ENTERPRISES, IF ANY, THAT ARE REPEALED ON JULY 1, 2032, IN
14 ACCORDANCE WITH SECTION 24-34-104 (32.5) AND SECTION 24-38.5-304,
15 25-7.5-104, 43-4-1204, OR 43-4-1304. ALL REVENUE GENERATED BY ANY
16 INCREASE IN THE AMOUNT OF THE RETAIL DELIVERY FEE RESULTING FROM
17 THE OPERATION OF THIS SUBSECTION (8) SHALL BE CREDITED TO THE
18 HIGHWAY USERS TAX FUND CREATED IN SECTION 43-4-201 AND
19 ALLOCATED FROM THE HIGHWAYS USERS TAX FUND TO THE STATE,
205 20 COUNTIES, AND MUNICIPALITIES AS REQUIRED BY SECTION 43-4-
21 (6.8).".
22
23 Page 182, line 13, strike "PUBLISH" and substitute "PUBLISH, SUBMIT TO
24 THE GENERAL ASSEMBLY,".
25
26 Page 182, line 14, strike "DETAILS" and substitute "DETAILS, THROUGH A
27 SPECIFIC PLAN, GOALS, AND ANNUAL BENCHMARKS,".
28
29 Page 184, after line 3 insert:
30
31 "43-4-1204. Repeal. (1) THIS ARTICLE 12 IS REPEALED, EFFECTIVE
32 JULY 1, 2032. BEFORE ITS REPEAL, THIS ARTICLE 12 IS SCHEDULED FOR
33 REVIEW IN ACCORDANCE WITH SECTION 24-34-104.
34 (2) WHEN ANALYZING AND EVALUATING THE PERFORMANCE OF
35 THE ENTERPRISE AS REQUIRED BY SECTION 24-34-104 (5)(a), THE
36 DEPARTMENT OF REGULATORY AGENCIES SHALL FOCUS ON THE EXTENT TO
37 WHICH THE ENTERPRISE HAS ACHIEVED ITS PLAN, GOALS, AND ANNUAL
38 BENCHMARKS AS SET FORTH IN THE TEN-YEAR PLAN THAT IT PUBLISHES,
39 SUBMITS TO THE GENERAL ASSEMBLY, AND POSTS ON ITS WEBSITE BY JUNE
40 1, 2022, AS REQUIRED BY SECTION 43-4-1203 (10)(a)(I).
41 (3) NOTWITHSTANDING THE WIND-UP PERIOD DESCRIBED IN
42 SECTION 24-34-104 (2)(b), THE ENTERPRISE SHALL NOT IMPOSE OR
43 COLLECT THE CLEAN TRANSIT RETAIL DELIVERY FEE AFTER JUNE 30, 2032.
44 (4) ON JULY 1, 2032, THE STATE TREASURER SHALL TRANSFER ALL
45 UNALLOCATED MONEY IN THE CLEAN TRANSIT ENTERPRISE FUND TO THE
46 HIGHWAY USERS TAX FUND.".
47
48 Page 200, line 12, strike "PUBLISH" and substitute "PUBLISH, SUBMIT TO
49 THE GENERAL ASSEMBLY,".
50
51 Page 200, line 13, strike "DETAILS" and substitute "DETAILS, THROUGH A
52 SPECIFIC PLAN, GOALS, AND ANNUAL BENCHMARKS,".
53
54 Page 202, after line 1 insert:
55
1 "43-4-1304. Repeal. (1) THIS ARTICLE 13 IS REPEALED, EFFECTIVE
2 JULY 1, 2032. BEFORE ITS REPEAL, THIS ARTICLE 13 IS SCHEDULED FOR
3 REVIEW IN ACCORDANCE WITH SECTION 24-34-104.
4 (2) WHEN ANALYZING AND EVALUATING THE PERFORMANCE OF
5 THE ENTERPRISE AS REQUIRED BY SECTION 24-34-104 (5)(a), THE
6 DEPARTMENT OF REGULATORY AGENCIES SHALL FOCUS ON THE EXTENT TO
7 WHICH THE ENTERPRISE HAS ACHIEVED ITS PLAN, GOALS, AND ANNUAL
8 BENCHMARKS AS SET FORTH IN THE TEN-YEAR PLAN THAT IT PUBLISHES,
9 SUBMITS TO THE GENERAL ASSEMBLY, AND POSTS ON ITS WEBSITE BY JUNE
10 1, 2022, AS REQUIRED BY SECTION 43-4-1303 (10)(a)(I).
11 (3) NOTWITHSTANDING THE WIND-UP PERIOD DESCRIBED IN
12 SECTION 24-34-104 (2)(b), THE ENTERPRISE SHALL NOT IMPOSE OR
13 COLLECT THE AIR POLLUTION MITIGATION RETAIL DELIVERY FEE AFTER
14 JUNE 30, 2032.
15 (4) ON JULY 1, 2032, THE STATE TREASURER SHALL TRANSFER ALL
16 UNALLOCATED MONEY IN THE NONATTAINMENT AREA AIR POLLUTION
17 MITIGATION ENTERPRISE FUND TO THE HIGHWAY USERS TAX FUND.".
18
19 The amendment was declared lost by the following roll call vote:
20
21 YES 21 NO 40 EXCUSED 4 ABSENT
22 Amabile N Exum N Lynch Y Sirota N
23 Bacon N Froelich N McCluskie N Snyder N
24 Baisley E Geitner Y McCormick N Soper Y
25 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan N
26 Bernett N Gray N McLachlan N Tipper N
27 Bird N Hanks Y Michaelson Jenet N Titone N
28 Bockenfeld Y Herod N Mullica N Valdez A. N
29 Boesenecker N Holtorf Y Neville Y Valdez D. N
30 Bradfield Y Hooton N Ortiz N Van Beber Y
31 Caraveo N Jackson E Pelton Y Van Winkle E
32 Carver Y Jodeh N Pico Y Weissman N
33 Catlin Y Kennedy N Ransom Y Will Y
34 Cutter N Kipp N Rich Y Williams E
35 Daugherty N Larson Y Ricks N Woodrow N
36 Duran N Lontine N Roberts N Woog Y
37 Esgar N Luck Y Sandridge Y Young N
38 Speaker N

House Journal, May 28
45 Amend reengrossed bill, page 96, after line 7 insert:
46
47 "SECTION 28. In Colorado Revised Statutes, 43-1-116, add (5)
48 as follows:
49 43-1-116. Engineering, design, and construction division -
50 created - duties - environmental justice and equity branch. (5) THE
51 ENVIRONMENTAL JUSTICE AND EQUITY BRANCH IS CREATED IN THE
52 ENGINEERING, DESIGN, AND CONSTRUCTION DIVISION. THE FUNCTION OF
53 THE ENVIRONMENTAL JUSTICE AND EQUITY BRANCH IS TO WORK DIRECTLY
54 WITH DISPROPORTIONATELY IMPACTED COMMUNITIES, AS WELL AS WITH
55 OTHER DEPARTMENT PROGRAMS, IN THE PROJECT PLANNING,
1 ENVIRONMENTAL STUDY, AND PROJECT DELIVERY PHASES OF
2 TRANSPORTATION CAPACITY PROJECTS. THE ENVIRONMENTAL JUSTICE
3 AND EQUITY BRANCH SHALL IDENTIFY AND ADDRESS TECHNOLOGICAL,
4 LANGUAGE, AND INFORMATION BARRIERS THAT MAY PREVENT
5 DISPROPORTIONATELY IMPACTED COMMUNITIES FROM PARTICIPATING
6 FULLY IN TRANSPORTATION DECISIONS THAT AFFECT HEALTH, QUALITY OF
7 LIFE, AND ACCESS FOR DISADVANTAGED AND MINORITY BUSINESSES IN
8 PROJECT DELIVERY.".
9
10 Renumber succeeding sections accordingly.
11
12 Page 207, line 13, strike "50" and substitute "51".
13
14 The amendment was declared lost by the following roll call vote:
15
16 YES 21 NO 40 EXCUSED 4 ABSENT
17 Amabile N Exum N Lynch Y Sirota N
18 Bacon N Froelich N McCluskie N Snyder N
19 Baisley E Geitner Y McCormick N Soper Y
20 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan N
21 Bernett N Gray N McLachlan N Tipper N
22 Bird N Hanks Y Michaelson Jenet N Titone N
23 Bockenfeld Y Herod N Mullica N Valdez A. N
24 Boesenecker N Holtorf Y Neville Y Valdez D. N
25 Bradfield Y Hooton N Ortiz N Van Beber Y
26 Caraveo N Jackson E Pelton Y Van Winkle E
27 Carver Y Jodeh N Pico Y Weissman N
28 Catlin Y Kennedy N Ransom Y Will Y
29 Cutter N Kipp N Rich Y Williams E
30 Daugherty N Larson Y Ricks N Woodrow N
31 Duran N Lontine N Roberts N Woog Y
32 Esgar N Luck Y Sandridge Y Young N
33 Speaker N
34
35 Representative Rich moved to amend the Report of the Committee of the
260 36 Whole to show that L.099 the following Rich amendment to SB21-
37 did pass:
38
39 Amend reengrossed bill, page 88, line 14, strike "$4" and substitute
40 "$18".
41
42 Page 88, line 15, strike "$8" and substitute "$36".
43
44 Page 88, line 16, strike "$12" and substitute "$54".
45
46 Page 88, line 17, strike "$16" and substitute "$72".
47
48 Page 88, line 18, strike "$26" and substitute "$90".
49
50 Page 88, line 19, strike "$36" and substitute "$90".
51
52 Page 88, line 20, strike "$51" and substitute "$90".
53
54 Page 88, line 21, strike "$66" and substitute "$90".
55
56 Page 88, line 22, strike "$81" and substitute "$90".
1 Page 88, line 23, strike "$96" and substitute "$90".
2
3 The amendment was declared lost by the following roll call vote:
4
5 YES 21 NO 40 EXCUSED 4 ABSENT
6 Amabile N Exum N Lynch Y Sirota N
7 Bacon N Froelich N McCluskie N Snyder N
8 Baisley E Geitner Y McCormick N Soper Y
9 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan N
10 Bernett N Gray N McLachlan N Tipper N
11 Bird N Hanks Y Michaelson Jenet N Titone N
12 Bockenfeld Y Herod N Mullica N Valdez A. N
13 Boesenecker N Holtorf Y Neville Y Valdez D. N
14 Bradfield Y Hooton N Ortiz N Van Beber Y
15 Caraveo N Jackson E Pelton Y Van Winkle E
16 Carver Y Jodeh N Pico Y Weissman N
17 Catlin Y Kennedy N Ransom Y Will Y
18 Cutter N Kipp N Rich Y Williams E
19 Daugherty N Larson Y Ricks N Woodrow N
20 Duran N Lontine N Roberts N Woog Y
21 Esgar N Luck Y Sandridge Y Young N
22 Speaker N

House Journal, May 28
20 Amend reengrossed bill, page 101, line 5, strike "(4)(a)" and substitute
21 "(3), (4)(a),".
22
23 The amendment was declared lost by the following roll call vote:
24
25 YES 22 NO 39 EXCUSED 4 ABSENT
26 Amabile N Exum N Lynch Y Sirota N
27 Bacon N Froelich N McCluskie N Snyder N
28 Baisley E Geitner Y McCormick N Soper Y
29 Benavidez N Gonzales-Gutierrez N McKean Y Sullivan N
30 Bernett N Gray N McLachlan N Tipper N
31 Bird N Hanks Y Michaelson Jenet N Titone N
32 Bockenfeld Y Herod N Mullica N Valdez A. N
33 Boesenecker N Holtorf Y Neville Y Valdez D. N
34 Bradfield Y Hooton N Ortiz N Van Beber Y
35 Caraveo N Jackson E Pelton Y Van Winkle E
36 Carver Y Jodeh N Pico Y Weissman N
37 Catlin Y Kennedy N Ransom Y Will Y
38 Cutter N Kipp N Rich Y Williams E
39 Daugherty N Larson Y Ricks N Woodrow N
40 Duran N Lontine N Roberts N Woog Y
41 Esgar N Luck Y Sandridge Y Young Y
42 Speaker N

House Journal, June 2
28 Amend revised bill, page 12, line 13, strike "minimize and mitigate" and
29 substitute "minimizes and mitigates".
30
31 Page 16, line 17, strike "subject".
32
33 Page 21, line 5, strike "AND".
34
35 Page 21, line 20, strike "EMISSIONS." and substitute "EMISSIONS;".
36
37 Page 47, line 10, strike "(7)(d)" and substitute "(7)(d)(I)".
38
39 Page 52, line 15, strike "QUALIFICATIONS," and substitute
40 "QUALIFICATIONS".
41
42 Page 54, line 11, strike "VEHICLES" and substitute "VEHICLES,".
43
44 Page 76, line 3, strike "LAW" and substitute "LAW,".
45
46 Page 83, line 23, strike "CERTIFICATED" and substitute "AUTHORIZED".
47
48 Page 84, line 1, strike "CERTIFICATED" and substitute "AUTHORIZED".
49
50 Page 93, line 4, strike "SUBSECTIONS (25)(a.7)(II) AND (25)(a.7)(III)" and
51 substitute "TO THIS SUBSECTION (25)(a.7)".
52
53 Page 167, line 24, strike "43-4-218 (3)" and substitute "(7)(f)(II) AND
54 43-4-218 (5)(a)(II)".
55
1 Page 168, line 11, strike "43-4-218 (3)" and substitute "(7)(f)(II) AND
2 43-4-218 (5)(a)(II)".
3
4 Page 178, line 27, strike the second "FOUR" and substitute "THREE".
5
6 page 208, line 2, strike "$161,099,957" and substitute "$161,599,957".
7
8 Page 208, line 4, strike "$146,340,000" and substitute "$146,840,000".
9
10 Page 208, line 5, strike "options and mitigation" and substitute "and
11 mitigation options".
12
13 Page 208, line 16, strike "$146,340,000" and substitute "$146,840,000".
14
15 Page 208, lines 16 and 17, strike "options and mitigation" and substitute
16 "and mitigation options".
17
18 Page 210, line 19, strike "$158,599,957" and substitute "$159,099,957".
19
20 Page 210, line 21, strike "$146,340,000" and substitute "$146,840,000".
21
22 Page 210, line 22, strike "options and mitigation" and substitute "and
23 mitigation options".
24
25 Page 211, line 7, strike "$146,340,000" and substitute "$146,840,000".
26
27 Page 211, lines 7 and 8, strike "options and mitigation" and substitute
28 "and mitigation options".
29
30 Page 213, line 18, strike "54" and substitute "55".
31
32 Page 213, line 20, strike "54" and substitute "55".
33
34 Page 213, line 23, strike "55" and substitute "56".
35
36 The amendment was declared passed by the following roll call vote:
37
38 YES 40 NO 24 EXCUSED 1 ABSENT
39 Amabile Y Exum Y Lynch N Sirota Y
40 Bacon Y Froelich Y McCluskie Y Snyder Y
41 Baisley N Geitner N McCormick Y Soper N
42 Benavidez Y Gonzales-Gutierrez Y McKean N Sullivan Y
43 Bernett Y Gray Y McLachlan Y Tipper Y
44 Bird Y Hanks N Michaelson Jenet Y Titone Y
45 Bockenfeld N Herod Y Mullica Y Valdez A. Y
46 Boesenecker Y Holtorf N Neville N Valdez D. Y
47 Bradfield N Hooton Y Ortiz Y Van Beber N
48 Caraveo Y Jackson Y Pelton N Van Winkle N
49 Carver N Jodeh Y Pico N Weissman Y
50 Catlin N Kennedy Y Ransom N Will N
51 Cutter Y Kipp Y Rich N Williams N
52 Daugherty Y Larson N Ricks E Woodrow Y
53 Duran Y Lontine Y Roberts Y Woog N
54 Esgar Y Luck N Sandridge N Young Y
55 Speaker Y
1 The question being, "Shall the bill, as amended, pass?".
2 A roll call vote was taken. As shown by the following recorded vote, a
3 majority of those elected to the House voted in the affirmative, and the
4 bill, as amended, was declared passed.
5
6 YES 41 NO 24 EXCUSED 0 ABSENT
7 Amabile Y Exum Y Lynch N Sirota Y
8 Bacon Y Froelich Y McCluskie Y Snyder Y
9 Baisley N Geitner N McCormick Y Soper N
10 Benavidez Y Gonzales-Gutierrez Y McKean N Sullivan Y
11 Bernett Y Gray Y McLachlan Y Tipper Y
12 Bird Y Hanks N Michaelson Jenet Y Titone Y
13 Bockenfeld N Herod Y Mullica Y Valdez A. Y
14 Boesenecker Y Holtorf N Neville N Valdez D. Y
15 Bradfield N Hooton Y Ortiz Y Van Beber N
16 Caraveo Y Jackson Y Pelton N Van Winkle N
17 Carver N Jodeh Y Pico N Weissman Y
18 Catlin N Kennedy Y Ransom N Will N
19 Cutter Y Kipp Y Rich N Williams N
20 Daugherty Y Larson N Ricks Y Woodrow Y
21 Duran Y Lontine Y Roberts Y Woog N
22 Esgar Y Luck N Sandridge N Young Y
23 Speaker Y
24 Co-sponsor(s) added: Representative(s) Amabile, Bacon, Benavidez, Bernett,
25 Bird, Boesenecker, Caraveo, Cutter, Duran, Esgar, Exum, Froelich,
26 Gonzales-Gutierrez, Herod, Hooton, Jackson, Jodeh, Kennedy, Kipp, Lontine,
27 McCluskie, McCormick, McLachlan, Michaelson Jenet, Mullica, Ortiz,
28 Sullivan, Titone, Valdez A., Weissman, Woodrow, Young
29


Fiscal Notes Status: No fiscal impact for this bill
Fiscal Notes:

Fiscal Note