The information contained herein is current as of today's date.
Economic Development Council of Colorado

HB22-1009 Continue Workforce Diploma Pilot Program 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Continue Workforce Diploma Pilot Program
Sponsors: M. Gray (D) | T. Sullivan (D) / R. Zenzinger (D)
Summary:

The workforce diploma pilot program was established in 2019 as a pilot program scheduled to repeal on July 1, 2022. The bill continues the pilot program indefinitely as the workforce diploma program (program). The bill requires the department of education to annually adjust the amounts paid to qualified providers under the program in accordance with the corresponding percentage change in the consumer price index.


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

Status: 5/12/2022 House Committee on Appropriations Lay Over Unamended - Amendment(s) Failed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


HB22-1021 Reduce State Income Tax Rate 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Reduce State Income Tax Rate
Sponsors: K. Ransom (R) / J. Sonnenberg (R)
Summary:

For income tax years commencing on and after January 1, 2022, the bill reduces both the individual and the corporate state income tax rates from 4.55% to 4.4%. The bill also exempts the rate reductions from the existing statutory requirements that tax expenditure legislation include a tax preference performance statement in a statutory legislative declaration and a repeal after a specified period of tax years.


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

Status: 3/14/2022 House Committee on State, Civic, Military, & Veterans Affairs Postpone Indefinitely
Status History: Status History
Amendments:
Fiscal Notes:

Fiscal Note


HB22-1025 Repeal Of Infrequently Used Tax Expenditures 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Repeal Of Infrequently Used Tax Expenditures
Sponsors: A. Benavidez (D) / C. Kolker (D)
Summary:

The act repeals the following tax expenditures:

  • The exemption from the insurance premium tax for educational and scientific institution life insurance;
  • The alternative minimum income tax based on annual gross receipts from sales in or into the state;
  • The income tax credit for investment in technologies for recycling plastics;
  • The income tax credit for crop or livestock contributions to a charitable organization;
  • The income tax deduction for income or gain for a C corporation that was taxed prior to 1965, to the extent it is included in current taxable income;
  • Income tax credits for qualifying investments; and
  • The sales and use tax exemption for the transfer of complimentary promotional materials to an out-of-state vendee.

The act also repeals the requirement that a specific amount of a state-employed chaplain's salary must be designated as a rental allowance, thereby making it exempt from federal income tax.


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

Status: 5/2/2022 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


HB22-1026 Alternative Transportation Options Tax Credit 
Comment:
Position: Support
Calendar Notification: Wednesday, May 11 2022
CONSIDERATION OF SENATE AMENDMENTS TO HOUSE BILLS
(12) in house calendar.
News:
Short Title: Alternative Transportation Options Tax Credit
Sponsors: S. Bird (D) | D. Woog (R) / C. Hansen (D) | L. Liston (R)
Summary:

The act replaces an existing income tax deduction for expenses incurred by employers when providing alternative transportation options to employees with a refundable income tax credit of 50% of such expenses for such employers, including local government employers, subject to the limitations that the maximum amount spent in any income tax year for which an employer may claim a credit is $250,000 and that the maximum amount spent in any income tax year for any one employee for which an employer may claim a credit is $2,000 dollars.

For purposes of the act, alternative transportation options means free or partially subsidized, generally accepted transportation demand management strategies, including but not limited to ridesharing arrangements, provision of ridesharing vans or low-speed conveyances such as human-powered or electric bicycles, shared micromobility options such as bikesharing and electric scooter sharing programs, carsharing programs, and guaranteed ride home programs. The credit is allowed for income tax years beginning on or after January 1, 2023, but before January 1, 2025.

$93,758 is appropriated from the general fund to the department of revenue for implementation of the act.


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

Status: 6/7/2022 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


HB22-1027 Sales Tax Destination Sourcing Rules Exception 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Sales Tax Destination Sourcing Rules Exception
Sponsors: K. Van Winkle (R) | C. Kipp (D) / J. Bridges (D) | R. Woodward (R)
Summary:

State sales tax is currently calculated based on the buyer's address when the taxable product or service is delivered to a consumer, and this is known as destination sourcing. There is an exception that allows small retailers with less than $100,000 of retail sales to source their sales to the business' location regardless of where a purchaser receives the tangible personal property or service. The act extends the repeal of this exception from February 1, 2022, until October 1, 2022.


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

Status: 1/31/2022 Governor Signed
Status History: Status History
Amendments:
Fiscal Notes:

Fiscal Note


HB22-1051 Mod Affordable Housing Tax Credit 
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Mod Affordable Housing Tax Credit
Sponsors: S. Bird (D) | H. McKean (R) / R. Zenzinger (D) | D. Hisey (R)
Summary:

The Colorado housing and finance authority (CHFA), under the Colorado affordable tax credit program, may allocate income tax credits in an annual aggregate amount of up to $10 million for the years beginning on January 1, 2020, and ending on December 31, 2024. The bill extends this period to December 31, 2031.


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

Status: 5/26/2022 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


HB22-1083 Colorado Homeless Contribution Income Tax Credit 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Colorado Homeless Contribution Income Tax Credit
Sponsors: K. Tipper (D) | J. Rich (R) / F. Winter (D) | C. Simpson (R)
Summary:

The act repeals an existing income tax credit available to taxpayers who make contributions to enterprise zone administrators to promote temporary, emergency, or transitional housing programs for persons experiencing homelessness (repealed credit) and replaces the repealed credit with a credit that is available in the entire state (new credit). Instead of having enterprise zone administrators and the office of economic development administer the new credit, as was how the old credit was administered, the act places that responsibility on the division of housing in the department of local affairs. A taxpayer may claim the new credit when permissible contributions are made not only to an approved project, but also to an approved nonprofit organization providing certain qualifying activities.

The amount of the new credit remains the same as the amount of the repealed credit for each contribution; except that, for contributions made in an underserved, rural county, the amount is 30% rather than 25% and is capped at $750,000 in contributions per income tax year for the nonprofit organization, and, if the nonprofit organization also administers one or more approved projects, is capped at an additional $750,000 per income tax year. The new credit's availability is limited to 4 years, and, as was the case for the repealed credit, any credit in excess of a taxpayer's liability for the income tax year for which the credit is claimed may be carried forward for up to 5 years.


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

Status: 6/1/2022 Signed by Governor
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


HB22-1098 Department Of Regulatory Agencies Barriers To Practice Regulated Professions 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Department Of Regulatory Agencies Barriers To Practice Regulated Professions
Sponsors: S. Bird (D) | J. Bacon (D) / L. Liston (R) | J. Coleman (D)
Summary:

The act requires the director of the division of professions and occupations (director) in the department of regulatory agencies to complete, on or before June 1, 2023, an audit of the regulated professions and occupations and the regulation of various professions and occupations by regulators of a specific profession or occupation (regulator) to determine what barriers exist for licensing, certification, and registration of individuals with criminal history records and, on or before July 1, 2023, to report the findings to the general assembly.

The act limits the authority of a regulator to deny a license, certification, or registration based on an applicant's criminal history record on by requiring the hearing and mediation process established in current law. A regulator is required to document the grounds for the denial of the license, certification, or registration in writing to the applicant.

The act clarifies that a regulator may grant a conditional license, certification, or registration to an applicant with a criminal history record consistent with the process established in current law.

The director is required to compile de-identified information regarding the reasons why a license, certification, or registration was denied and make this information available to the public on the division's website.

The act requires state and local agencies responsible for issuing occupational or professional credentials (occupational agency), before making a final determination that an applicant's criminal conviction disqualifies the applicant from receiving a license, certification, permit, or registration, to provide a written notice to the applicant specifying the reason for the disqualification and the right of the applicant to submit additional evidence for the occupational agency to consider before making a final determination. A final determination to disqualify an applicant based on a criminal conviction must be issued in writing and include notice of the applicant's right to appeal the determination and the earliest date on which the applicant may reapply.

The act appropriates $11,036 from the division of professions and occupations cash fund to the department of regulatory agencies for use by the division of professions and occupations.


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

Status: 5/25/2022 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


HB22-1109 On-demand Air Carrier Aircraft Sales Tax Exemption 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: On-demand Air Carrier Aircraft Sales Tax Exemption
Sponsors: D. Woog (R) | S. Bird (D) / L. Liston (R) | C. Kolker (D)
Summary:

For 7 years beginning on January 1, 2023, the bill creates a sales and use tax exemption for the sale, storage, use, or consumption of an aircraft used or purchased for use in interstate or intrastate commerce by an on-demand air carrier. An on-demand air carrier is an entity authorized by the federal aviation administration to operate an aircraft to transport people or property in compliance with the administration's certification and operations requirements.

The aeronautics division in the department of transportation is required to provide the state auditor with any available information that would assist the state auditor's measurement of the effectiveness of the exemption.

The bill specifies that a statutory town, city, or county may exempt the same items only by express inclusion of the exemption in its initial sales tax ordinance or resolution or by amendment thereto and also that the exemptions do not apply to the tax imposed by a special district or other limited purpose governmental entity.


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

Status: 5/12/2022 House Committee on Appropriations Lay Over Unamended - Amendment(s) Failed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


HB22-1117 Use Of Local Lodging Tax Revenue 
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Use Of Local Lodging Tax Revenue
Sponsors: D. Roberts (D) | M. Catlin (R) / D. Coram (R) | K. Donovan (D)
Summary:

The act expands the allowable uses of the revenue from a local marketing district's marketing and promotion tax and a county's lodging tax to include:

  • Housing and childcare for the tourism-related workforce, including seasonal workers, and for other workers in the community;
  • Facilitating and enhancing visitor experiences; and
  • Capital expenditures related to these new purposes.

A local marketing district or county must obtain voter approval to use the tax revenue for the new allowable uses.


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

Status: 3/31/2022 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


HB22-1125 Income Tax Rate Reduction 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Income Tax Rate Reduction
Sponsors: J. Rich (R) / J. Sonnenberg (R)
Summary:

One of the mechanisms for refunding state revenues in excess of the state fiscal year spending limit imposed by the Taxpayer's Bill of Rights (TABOR) is a temporary income tax rate reduction. For any state fiscal year commencing on or after July 1, 2022, the bill makes this income tax rate reduction permanent and establishes the reduction as always equaling a .05% reduction of the current income tax rate.

Thus, under the bill, every year when the executive director of the department of revenue determines it is necessary to reduce the state income tax, both the individual state income tax rate and the corporate tax rate are permanently reduced by .05%.

The bill exempts the state income tax rate and corporate tax rate reduction in the bill from the otherwise required tax preference performance statement and repeal date.


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

Status: 3/14/2022 House Committee on State, Civic, Military, & Veterans Affairs Postpone Indefinitely
Status History: Status History
Amendments:
Fiscal Notes:

Fiscal Note


HB22-1129 General Fund Surplus Rebates To Taxpayers 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: General Fund Surplus Rebates To Taxpayers
Sponsors: R. Pelton (R) / J. Sonnenberg (R)
Summary:

The bill requires the executive director to rebate $1,846,400,000 from the general fund to qualified individuals through income tax returns for the 2022 income tax year, which rebate amount is an estimate of the general fund surplus for the state fiscal year 2021-22. The rebates will be made to qualified individuals in the same manner as if the general fund surplus was excess state revenues under the Taxpayer's Bill of Rights being refunded through the 6-tiered sales tax refund mechanism.
(Note: This summary applies to this bill as introduced.)

Status: 5/12/2022 House Committee on Appropriations Lay Over Unamended - Amendment(s) Failed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


HB22-1130 Exception To Employer Sick Leave Requirement 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Exception To Employer Sick Leave Requirement
Sponsors: R. Bockenfeld (R)
Summary:

In 2020, the general assembly enacted, and the governor subsequently signed into law, Senate Bill 20-205 (SB20-205), which required that employers offer sick leave to their employees. SB20-205 included an exception for employers with fewer than 16 employees, but the exception repealed January 1, 2022. The bill recreates this exception to apply in perpetuity.
(Note: This summary applies to this bill as introduced.)

Status: 2/7/2022 House Committee on State, Civic, Military, & Veterans Affairs Postpone Indefinitely
Status History: Status History
Amendments:
Fiscal Notes:

Fiscal Note


HB22-1133 Family And Medical Leave Insurance Fund 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Family And Medical Leave Insurance Fund
Sponsors: M. Gray (D) | Y. Caraveo (D) / F. Winter (D)
Summary:

The act requires the state treasurer to transfer $57 million from the revenue loss restoration cash fund to the family and medical leave insurance fund for use by the division of family and medical leave insurance (division) created under the "Paid Family and Medical Leave Insurance Act" (PFMLIA). The transferred money is an advance payment of premiums for state employee coverage that the state is required to pay under the family and medical leave insurance program established by the PFMLIA.

The division is required to credit the transferred money to state employer accounts and to annually continue to credit money to the state employer accounts until such accounts have a zero dollar balance and begin owing quarterly premiums as set forth in the PFMLIA. The executive director of the department of labor and employment is required to submit specified reports.

The act reduces the appropriations to state departments for employer premium payments for state fiscal year 2022-23.


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

Status: 5/17/2022 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


HB22-1138 Reduce Employee Single-occupancy Vehicle Trips 
Comment:
Position: Oppose
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Reduce Employee Single-occupancy Vehicle Trips
Sponsors: M. Gray (D) | L. Herod (D) / F. Winter (D) | C. Hansen (D)
Summary:

For income tax years beginning on or after January 1, 2023, but before January 1, 2030, the bill creates an income tax credit (tax credit) for any employer that:

  • Creates a clean commuting plan to implement strategies to increase the use of alternative transportation options and reduce the number of measurable vehicle miles driven by its employees in single-occupancy vehicles when commuting to and from their work site (clean commuting plan) for the purpose of reducing automobile-related air pollution, traffic congestion, and transportation costs, particularly for essential workers and workers earning under $40,000 per year;
  • Conducts an employer commuter survey to determine how its employees commute to and from their work site; and
  • Offers 2 or more alternative transportation options to some or all of its employees in furtherance of the employer's clean commuting plan.

The amount of the tax credit is 50% of the amount spent by the employer to provide alternative transportation options to some or all of its employees.

In addition, the bill requires the executive director of the department of transportation (director), in coordination with the Colorado energy office and metropolitan planning organizations, to create an annual commuter survey for employers to use to determine how their employees commute to and from their work site. The director and the Colorado energy office are required to determine the content of the commuter survey and the form and manner in which the commuter survey will be completed and returned to the department of transportation.

Beginning in specified calendar years, in an effort to reduce the number of employees who commute to and from their work site in a single-occupancy vehicle, employers with over 100 employees are required to:

  • Annually conduct a commuter survey of its employees and submit the completed commuter surveys to the department of transportation by April 30 of the year in which the survey was conducted;
  • Offer its employees qualified transportation fringe benefits allowed pursuant to federal law;
  • Offer its employees commuter choice information in electronic or hard copy format and update the information every 6 months; and
  • Offer a cash allowance in lieu of a parking space under certain circumstances.

The bill requires that any private sector employer that wishes to claim the tax credit participate in the employer commuter survey and submit the results of the survey to the department by April 30 of the year in which the survey is conducted, even if the employer's participation in the commuter survey is not otherwise required.

For the 2023-24 state fiscal year, and for each state fiscal year thereafter through the 2029-30 state fiscal year, of the money allocated to the transportation commission for state multimodal projects from the multimodal transportation and mitigation options fund, the transportation commission is required to allocate $250,000 to each of the transportation management associations and transportation management organizations operating in a nonattainment area for the purposes of assisting employers in creating a clean commuting plan and complying with the requirements of the bill.


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

Status: 2/28/2022 House Committee on Finance Postpone Indefinitely
Status History: Status History
Amendments:
Fiscal Notes:

Fiscal Note


HB22-1149 Advanced Industry Investment Tax Credit 
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Advanced Industry Investment Tax Credit
Sponsors: M. Lynch (R) | S. Bird (D) / B. Rankin (R) | C. Hansen (D)
Summary:

The act extends the advanced industry investment tax credit (credit) for an additional 4 years, increases the aggregate annual maximum amount of credits that may be allowed from $750,000 to $4 million, increases the credit from 30% to 35% of the amount of a qualified investment in rural or economically distressed areas, and increases the total amount of the credit for each qualified investment from $50,000 to $100,000.

Current law requires that individuals who are co-owners of a business claim only their pro rata share of the credit. The act allows the credit to be allocated among partners, shareholders, members, or other constituent qualified investors in any manner agreed to by such partners, shareholders, members, or other constituent qualified investors.

The act appropriates $90,000 to the office of the governor for use by economic development programs for advanced industries.


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

Status: 6/3/2022 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


HB22-1152 Prohibit Employer Adverse Action Marijuana Use 
Comment:
Position: Oppose
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Prohibit Employer Adverse Action Marijuana Use
Sponsors: E. Hooton (D)
Summary:

The bill prohibits an employer from taking adverse action against an employee, including an applicant for employment, who engages in the use of:

  • Medical marijuana on the premises of the employer during working hours; or
  • Retail or medical marijuana off the premises of the employer during nonworking hours.

An employer is permitted to impose restrictions on employee use of medical or retail marijuana under specified circumstances.


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

Status: 3/24/2022 House Committee on Business Affairs & Labor Postpone Indefinitely
Status History: Status History
Amendments:
Fiscal Notes:

Fiscal Note


HB22-1187 Office Of Economic Development COVID Relief Program Extension 
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Office Of Economic Development COVID Relief Program Extension
Sponsors: L. Herod (D) / C. Hansen (D) | B. Rankin (R)
Summary:

The act extends deadlines related to COVID-19 relief programs within the Colorado office of economic development and international trade that are dedicated to accelerating the recovery of negatively impacted industries and businesses.

Specifically, the act extends the:

  • COVID-19 relief programs for small businesses spending authority for technical assistance from June 30, 2022, to December 31, 2023, and the reporting deadline from November 1, 2022, to November 1, 2023, and adds another report due on November 1, 2024;
  • Closing of the applications deadline for the small business accelerated growth program from December 31, 2022, to October 31, 2023; and
  • Deadline for eligible events to occur under the Colorado meetings and events incentive program from December 31, 2022, to June 30, 2024, and the reporting requirement due dates through July 1, 2025.
    (Note: This summary applies to this bill as enacted.)

Status: 3/7/2022 Governor Signed
Status History: Status History
Amendments:
Fiscal Notes:

Fiscal Note


HB22-1193 Fund Just Transition Coal Workforce Programs 
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Fund Just Transition Coal Workforce Programs
Sponsors: L. Herod (D) | J. McCluskie (D) / C. Hansen (D) | B. Rankin (R)
Summary:

The act directs the state treasurer to transfer $2 million from the coal transition workforce assistance program account (account) to the just transition cash fund (fund) on March 7, 2022, and directs the general assembly to appropriate $150,000 from the fund to the department of higher education for allocation to the Colorado school of mines to expand the Carbon Ore, Rare Earth, and Critical Minerals Initiative for U.S. Basins (CORE-CM initiative) in the Greater Green river and Wind river basins.

Additionally, the act modifies the account as follows:

  • Removes the requirement that the department of labor and employment (department) expend specified percentages of money in the account by specified fiscal years; and
  • Removes the prioritization of account expenditures first for programs that directly support coal transition workers, thereby allowing the department to also expend money in the account for programs that support coal transition workers' family members and other household members.

The act also:

  • Repeals the $7,000,000 appropriation from the account to the department, made pursuant to House Bill 21-1290, concerning funding to provide just transition for coal transition workers and coal transition communities, for the 2020-21 state fiscal year;
  • Appropriates from the account to the department, for the coal transition workforce assistance program, $500,000 for the 2021-22 state fiscal year and $2 million for the 2022-23 state fiscal year;
  • Appropriates from the fund to the department, for authorized investments in just transition programs for communities, $1,295,000 for the 2021-22 state fiscal year and $555,000 for the 2022-23 state fiscal year; and
  • Appropriates $150,000 to the department of higher education for allocation to the Colorado school of mines to expand the CORE-CM initiative.
    (Note: This summary applies to this bill as enacted.)

Status: 3/7/2022 Governor Signed
Status History: Status History
Amendments:
Fiscal Notes:

Fiscal Note


HB22-1196 Pay Equity Study 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Pay Equity Study
Sponsors: L. Herod (D) | D. Esgar (D) / D. Moreno (D) | B. Pettersen (D)
Summary:

The act requires the equity diversity and inclusion task force (task force) established through a partnership agreement entered into pursuant to the "Colorado Partnership for Quality Jobs and Services Act" (partnership agreement) to contract for a pay equity study to assess pay inequities specific to gender, race, and other protected classes; to provide recommendations to alleviate pay inequities; and to comply with any other specifications set by the state personnel director, the task force, or the partnership agreement. A final report including findings and recommendations from the study must be provided by the contractor performing the study to the members of the general assembly, the governor, and the executive director of Colorado workers for innovative and new solutions, a certified employee organization pursuant to the "Colorado Partnership for Quality Jobs and Services Act". $500,000 is appropriated from the general fund to the division of human resources in the department of personnel for expenses in connection with the pay equity study.


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

Status: 3/1/2022 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


HB22-1244 Public Protections From Toxic Air Contaminants 
Comment:
Position: Oppose
Calendar Notification: Wednesday, May 11 2022
THIRD READING OF BILLS - FINAL PASSAGE (continued)
(2) in senate calendar.
News: Colorado’s legislature powers through harried final days toward the end of 2022 lawmaking term Wednesday
Short Title: Public Protections From Toxic Air Contaminants
Sponsors: C. Kennedy (D) | S. Gonzales-Gutierrez (D) / J. Gonzales (D)
Summary:

The act creates a new program to regulate a subset of air pollutants, referred to as "toxic air contaminants", which are defined as hazardous air pollutants, covered air toxics, and all other air pollutants that the air quality control commission (commission) designates as a toxic air contaminant. In implementing the program, the commission has the authority to adopt rules that are more stringent than the corresponding requirements of the federal "Clean Air Act".

The division of administration (division) in the department of public health and environment (department) will publish an initial list of toxic air contaminants by October 1, 2022. Beginning no later than September 30, 2030, and at least every 5 years thereafter, the commission will review the list of existing toxic air contaminants and determine whether to designate any additional air pollutants as toxic air contaminants.

On or before June 30 of each year, beginning on June 30, 2024, owners and operators of certain sources of pollution will submit to the division, and the division will make available to the public, an annual toxic emissions report that reports the levels of toxic air contaminants that were emitted by the source in the preceding calendar year, beginning with January 1, 2023, to December 31, 2023. The division will also conduct a study and prepare a report for the commission on the types of information reported to the division regarding toxic air contaminants, and, no later than April 30, 2025, the commission may require additional types of information to be included in annual toxic emissions reports submitted for calendar year 2025 and each calendar year thereafter.

Beginning no later than January 1, 2024, the division will develop a monitoring program to determine the concentration of toxic air contaminants in the ambient air of the state. The monitoring program will establish at least 6 long-term monitoring sites covering urban and rural areas of the state. No later than July 1, 2025, and by July 1 of each year thereafter, the division will provide public notice of and an opportunity to comment on the monitoring program.

On or before October 1, 2025, and by each October 1 thereafter, the division will prepare a report summarizing the findings of the monitoring program, post the report on its website, and submit the report to the general assembly. The division will also report on the need for any additional monitoring sites during the hearings held pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" prior to the 2027 legislative session.

No later than April 30, 2025, the commission will identify by rule up to 5 toxic air contaminants that may pose a risk of harm to public health (priority toxic air contaminants). No later than April 30, 2026, the commission will propose health-based standards for priority toxic air contaminants for approval by the general assembly.

On or before September 30, 2029, and at least once every 5 years thereafter, the commission will:

  • Determine whether to identify any additional priority toxic air contaminants;
  • Determine whether to propose revisions to the general assembly to any existing health-based standards; and
  • No more than 12 months after identifying any additional priority toxic air contaminants, propose to the general assembly health-based standards for any additional priority toxic air contaminants.

No later than April 30, 2026, the commission will adopt emission control regulations to reduce emissions of each priority toxic air contaminant. For new emission sources of priority toxic air contaminants, the commission will adopt more stringent emission control regulations than those adopted for existing emission sources of priority toxic air contaminants.

No later than September 30, 2030, and at least once every 5 years thereafter, the commission will:

  • Adopt emission control regulations for any additional priority toxic air contaminants identified by the commission; and
  • Determine whether to revise existing emission control regulations.

No later than December 31, 2025, the division will conduct an assessment to determine the needs of the division to administer an air permitting program to regulate new, modified, and existing stationary sources that emit priority toxic air contaminants. The division will provide public notice and hold at least 2 public meetings at which members of the public have an opportunity to comment on the assessment. The division will report on the assessment during the hearings held pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" prior to the 2026 legislative session.

For the 2022-2023 state fiscal year,$3,135,853 is appropriated from the general fund to the department to implement the act, of which:

  • $73,928 is reappropriated to the department of law to provide legal services to the department; and
  • $597,228 is reappropriated to the office of the governor for use by the office of information technology to provide information technology services to the department.
    (Note: This summary applies to this bill as enacted.)

Status: 6/2/2022 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


HB22-1254 Vehicle Taxes And Fees Late Registration 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Vehicle Taxes And Fees Late Registration
Sponsors: A. Valdez (D) / F. Winter (D) | K. Priola (R)
Summary:

Colorado law requires a person to register the person's motor vehicle within 90 days after moving to Colorado. Section 2 of the act requires a person who registers a vehicle after moving to Colorado to:

  • Provide documentation of the vehicle's previous registration that contains the registration dates or the vehicle's bill of sale;
  • Provide evidence of the date that the person became a Colorado resident; and
  • Pay the vehicle's registration taxes and fees that are prorated from the date the person became a Colorado resident to the date the person applied to register the vehicle, unless the vehicle is used for interstate commerce or unless the owner registered the vehicle within 90 days after becoming a resident.

The act requires an owner who fails to register the vehicle within 90 days after moving to Colorado to pay assessed back taxes and fees. The allocation and use of the taxes and fees does not change.

Section 3 imposes late fees for failing to register a vehicle when appropriate after obtaining temporary tags for the vehicle. Section 3 also imposes prorated registration taxes and fees to capture missed revenue if a person fails to register a vehicle when required by law.

Section 4 lowers the registration fee that is based on the age of a vehicle:

  • For motor vehicles less than 7 years old, the fee is lowered from $12 to $9;
  • For motor vehicles at least 7 years old but less than 10 years old, the fee is lowered from $10 to $7; and
  • For motor vehicles 10 years old or older, the fee is lowered from $7 to $5.

The department of revenue (department) may adjust the fees to make the act revenue neutral but may not lower a fee below one dollar or raise the fees above the original amount from which the act lowered the fees. In 2026, this fee decrease repeals, and the fees return to their original amounts. One dollar of the fee is retained by the department and used to offset the cost to the department and the authorized agents to implement the act.

Colorado law imposes a fee of $1.50 on motor vehicles, trailers, and semitrailers. The fee is sent to the county where the vehicle is registered for its road and bridge fund. Section 5 lowers this fee to $0.94 to offset the increased taxes and fees collected by the county under sections 2 and 3. The department will annually adjust the fee amount to keep the act revenue neutral to the counties. This process is repealed on July 1, 2026, so that the fee returns to $1.50.

To implement the act, $248,249 is appropriated to the department of revenue from the Colorado DRIVES vehicle services account in the highway users tax fund.


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

Status: 6/7/2022 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


HB22-1282 The Innovative Housing Incentive Program 
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
News:
Short Title: The Innovative Housing Incentive Program
Sponsors: K. Mullica (D) | M. Lynch (R) / J. Bridges (D) | R. Woodward (R)
Summary:

The act creates the innovative housing incentive program (program) within the office of economic development (office). A business located in Colorado that has 500 or fewer employees and that manufactures certain types of housing may apply for funding through the program. Funding may be awarded through grants for operating expenses and for incentives for units manufactured based on criteria established by the office such as affordability, location where the unit is installed in the state, or meeting energy efficiency standards. Funding may also be awarded through loans that fund a new housing manufacturing factory or the expansion of an existing housing manufacturing factory. The act creates the innovative housing incentive program fund, requires a $40 million transfer to the fund of money from the affordable housing and home ownership cash fund that originates from the general fund, and continuously appropriates all money in the fund to the office to fund the program. The office must annually report to the general assembly regarding the expenditure of money from the innovative housing incentive program fund.


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

Status: 5/20/2022 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


HB22-1305 Paid Family Medical Leave Premium Reduction 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Paid Family Medical Leave Premium Reduction
Sponsors: Y. Caraveo (D) | M. Gray (D) / F. Winter (D) | J. Coleman (D)
Summary:

The bill reduces the premium paid by employers for the state's paid family and medical leave program, starting January 1, 2023, through June 30, 2023, from nine-tenths of 1% of wages per employee to eighty-one hundredths of 1% of wages per employee.

The bill requires the state treasurer to transfer $57.5 million from the general fund to the family and medical leave insurance fund.


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

Status: 5/2/2022 Senate Committee on Finance Postpone Indefinitely
Status History: Status History
Amendments:
Fiscal Notes:

Fiscal Note


HB22-1306 Broadband Deployment Board Grant Processes 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Broadband Deployment Board Grant Processes
Sponsors: B. Titone (D) | M. Baisley (R) / J. Bridges (D) | K. Priola (R)
Summary:

In 2021, the general assembly authorized the broadband deployment board (board) to award money that the state received under the federal "American Rescue Plan Act of 2021" (federal act) for broadband deployment projects. The act updates the requirements for awarding grant money pursuant to the federal act to require that applications comply with finalized federal regulations regarding use of money under the federal act. The act also:

  • Reduces the notice and comment period for an interested party to review and comment on a grant application from at least 60 days to 45 days;
  • Exempts a grantee from the requirement to complete an approved project in 2 years or less if the grantee demonstrates to the board that the project is delayed due to a relevant disruption in the supply chain;
  • Requires the board to apply the updated requirements to previously denied applications that sought grant awards under the federal act; and
  • Establishes a process and remedies for appeals of a board decision regarding a grant application.
    (Note: This summary applies to this bill as enacted.)

Status: 6/2/2022 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


HB22-1328 Modify Main Street Business Recovery Loan Program 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Modify Main Street Business Recovery Loan Program
Sponsors: B. Titone (D) | B. McLachlan (D) / K. Donovan (D)
Summary:

The act adjusts various requirements applicable to the "Colorado Loans for Increasing Main Street Business Economic Recovery Act" (program) that provides small business recovery loans to Colorado businesses, funded in part through the sale of insurance premium tax credits. The act:

  • Extends the period through which the program can issue capital for the loan program through fiscal year 2023-24;
  • Increases the amount of capital that can be issued in the last 3 fiscal years of the program without increasing the total amount that can be issued for the life of the program;
  • Lowers the minimum amount of a loan to a small business from $30,000 to $10,000;
  • Lengthens the maximum initial maturity of a loan to a small business from 5 years to 10 years;
  • Changes the requirements for an eligible borrower to require one year of positive cash flow instead of 2, and at least one employee instead of at least 5 employees;
  • Clarifies the benchmarks that apply to the program for making loans to businesses owned by socially and economically disadvantaged individuals;
  • Extends the time for the program to issue tax credits through state fiscal year 2022-23;
  • Extends the period through which the program can issue tax credits through fiscal year 2022-23 without changing the total amount of tax credits that can be issued over the life of the program;
  • Allows tax credits issued in fiscal years 2021-22 and 2022-23 to be claimed on a schedule beginning in a taxable year that begins on or after January 1, 2023; and
  • Removes a requirement that if additional state or federal money is appropriated or allocated to the program, the value of the tax credits authorized by the program must be reduced by the same amount.
    (Note: This summary applies to this bill as enacted.)

Status: 6/3/2022 Governor Signed
Status History: Status History
Amendments:
Fiscal Notes:

Fiscal Note


HB22-1329 2022-23 Long Bill 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: 2022-23 Long Bill
Sponsors: J. McCluskie (D) / C. Hansen (D)
Summary:

For the fiscal year beginning July 1, 2022, provides for the payment of expenses of the executive, legislative, and judicial departments of the state of Colorado, and of its agencies and institutions. The grand total for the operating budget is set at $37,736,904,638. The general funds portion of the appropriation is set at $10,446,821,790; the general fund exempt portion is set at $3,212,346,213; the cash funds portion is set at $9,971,918,141; the reappropriated funds portion is set at $2,356,087,392; and federal funds portion is set at $11,749,731,102.

The grand total for the state fiscal year beginning July 1, 2022, for capital construction projects is set at $491,102,435.The capital construction fund portion is set at $5,246,375; the cash funds portion is set at $484,090,730; and the federal funds portion is set at $1,765,330.

The grand total for the state fiscal year beginning July 1, 2022, for information technology projects is set at $146,428,435. The capital construction fund portion is set at $109,102,442; the cash funds portion is set at $17,186,989; and the federal funds portion is set at $20,139,004.

The 2021 general appropriation act is amended to balance and make adjustments to the total amount appropriated to the departments of education, health care policy and financing, higher education, law, and public safety.

The 2021 general appropriation act is amended to balance and make adjustments to the total amount appropriated for capital construction projects.

Appropriations were made in several bills during the 2021 legislative session as further amended to extend the appropriation for unexpended amounts to the 2022-23 fiscal year.


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

Status: 4/25/2022 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

HB22-1332 Office of Economic Development and International Trade American Rescue Plan Act Funds For Rural Colorado 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Office of Economic Development and International Trade American Rescue Plan Act Funds For Rural Colorado
Sponsors: J. McCluskie (D) | L. Herod (D) / C. Hansen (D) | B. Rankin (R)
Summary:

Senate Bill 21-291 transferred $40 million of "American Rescue Plan Act of 2021" (ARPA) money from the economic recovery and relief cash fund to the Colorado economic development fund and directed the office of economic development and international trade (OEDIT) to use $10 million of the money transferred to incentivize small businesses to locate in rural Colorado and for the location neutral employment incentive program. To ensure that the use of the $10 million complies with ARPA requirements, the act instead directs OEDIT to use the money to incentivize or support businesses in rural Colorado or to undertake any other economic development activity in rural Colorado that is authorized by specified current law in response to the negative economic impacts of the COVID-19 pandemic.


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

Status: 4/25/2022 Governor Signed
Status History: Status History
Amendments:
Fiscal Notes:

Fiscal Note


HB22-1348 Oversight Of Chemicals Used In Oil & Gas 
Comment:
Position: Oppose
Calendar Notification: Wednesday, May 11 2022
THIRD READING OF BILLS - FINAL PASSAGE
(4) in senate calendar.
News:
Short Title: Oversight Of Chemicals Used In Oil & Gas
Sponsors: M. Froelich (D) | Y. Caraveo (D) / F. Winter (D)
Summary:

The act establishes a regulatory scheme that requires disclosure of certain chemical information for products used in downhole oil and gas operations (chemical disclosure information). The oil and gas conservation commission (commission) is required to utilize or develop a chemical disclosure website to collect and share certain chemical disclosure information with the public (chemical disclosure website).

On and after July 31, 2023, operators, service providers, and direct vendors that provide chemical products directly to an operator or service provider at a well site (discloser) for use in underground oil and gas operations (downhole operations) in the state must disclose to the commission:

  • The trade name of the chemical product; and
  • A list of the names of each chemical used in the chemical product.

The discloser must also provide the commission with a declaration that the chemical product contains no intentionally added perfluoroalkyl or polyfluoroalkyl chemicals.

For disclosers that were already selling, distributing, or using a chemical product for use in downhole operations in the state before July 31, 2023, the disclosure and declaration must be made at least 30 days before July 31, 2023. For disclosers that begin to sell or distribute a chemical product for use in downhole operations in the state, or that begin to use a chemical product in downhole operations in the state, on or after July 31, 2023, the disclosure and declaration must be made at least 30 days before the discloser begins selling, distributing, or using the chemical product.

If a manufacturer does not provide the disclosure information for a chemical product that it sells or distributes for use in downhole operations in the state to the discloser upon the request of the discloser or commission, the manufacturer must provide the commission with a trade secret form of entitlement for the chemical product. If, after making a request to the manufacturer, the discloser is unable to disclose the disclosure information, the discloser shall disclose to the commission:

  • The name of the chemical product's manufacturer;
  • The chemical product's trade name;
  • The amount or weight of the chemical product; and
  • A safety data sheet for the chemical product if it is available for disclosure by the discloser.

On and after July 31, 2023, an operator of downhole operations using a chemical product must disclose to the commission:

  • The date of commencement of downhole operations;
  • The county of the well site where downhole operations are being conducted;
  • The unique numerical identifier assigned by the American Petroleum Institute to the well where downhole operations are being conducted and the US well number assigned to the well where downhole operations are being conducted; and
  • The trade names and quantities of any chemical products the operator used in downhole operations.

The operator must also provide the commission with a declaration that the chemical product contains no intentionally added perfluoroalkyl or polyfluoroalkyl chemicals.

For downhole operations that commenced before July 31, 2023, and that will be ongoing on July 31, 2023, the disclosure and declaration must be made within 120 days after July 31, 2023. For downhole operations that commence on or after July 31, 2023, the disclosure and declaration must be made within 120 days after the commencement of downhole operations.

The commission will use the chemical disclosure information to create a chemical disclosure list for each well site, which will include an alphabetical list of names and Chemical Abstracts Service numbers of chemicals that will be used in downhole operations at the well site. The commission will post each chemical disclosure list on the chemical disclosure website. The commission shall provide the chemical disclosure list to the applicable operator within 7 days after the operator's disclosures.

The operator is required to disclose the chemical disclosure list to persons and entities near where downhole operations will be conducted. The disclosure of the chemical disclosure list to these persons and entities must be made within 30 days after the operator's receipt of the chemical disclosure list from the commission.

The commission will prepare and present an annual report to the general assembly that includes a list of chemicals used in downhole operations in the state in the prior calendar year.

For the 2022-23 state fiscal year, $61,500 is appropriated from the oil and gas conservation and environmental response fund to the department of natural resources (department) to implement the act, which amount is reappropriated to the office of the governor for use by the office of information technology to provide information technology services for the department.


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

Status: 6/8/2022 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


HB22-1350 Regional Talent Development Initiative Grant Program 
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Regional Talent Development Initiative Grant Program
Sponsors: J. McCluskie (D) | J. Rich (R) / J. Bridges (D) | P. Lundeen (R)
Summary:

The act establishes the regional talent development initiative grant program (grant program) in the office of economic development (office) to fund talent development initiatives across the state that meet regional labor market needs and specified grant program goals, including initiatives that meet workforce development needs in regions as they recover from the negative economic impacts of the COVID-19 pandemic. The office, a state agency designated by the office, or a third party with whom the office contracts is to serve as the administrator of the grant program (program administrator). The office is directed to appoint a steering committee of 5 to 8 business, civic, education, and nonprofit professionals (steering committee), including at least one member representing a rural area of the state, one member representing a 2-year institution of higher education, and one member representing a 4-year institution of higher education. The steering committee will support the program administrator in:

  • Developing a grant application process;
  • Establishing grant application selection and prioritization criteria; and
  • Appointing a selection committee to review grant applications and make grant award recommendations.

The office, in collaboration with the departments of labor and employment, higher education, and education and the steering committee, is to identify regions throughout the state to inform the selection of grant applications.

The office is to publish a report on the grant program by November 1, 2023, and by each November 1 through November 1, 2027.

The act creates the regional talent development initiative grant program fund (grant program fund) and directs the state treasurer to transfer $91 million from the workers, employers, and workforce centers cash fund (cash fund) to the grant program fund as follows:

  • $89,123,184 from federal money in the cash fund that the state received pursuant to the "American Rescue Plan Act of 2021"; and
  • $1,876,816 from money in the cash fund that originated from the general fund.

The money in the grant program fund is continuously appropriated to the office for the grant program and related costs. The grant program repeals on July 1, 2028.

The act also directs the state treasurer to transfer $32,373,184 from the money in the cash fund that originated from the general fund back to the general fund.


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

Status: 5/26/2022 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


HB22-1351 Temporarily Reduce Road User Charges 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Temporarily Reduce Road User Charges
Sponsors: D. Roberts (D) | B. McLachlan (D) / B. Pettersen (D) | N. Hinrichsen
Summary:

Senate Bill 21-260, concerning the sustainability of the transportation system in Colorado:

  • Created phased-in road usage fees on gasoline and diesel that increase from 2 cents per gallon for state fiscal year (FY) 2022-23, when they are first imposed, to 8 cents per gallon for FYs 2028-29 through 2031-32, and thereafter continue to increase to account for inflation; and
  • Temporarily reduced the amount of the road safety surcharge, which is imposed annually when a motor vehicle is registered by $11.10 for registration periods beginning in 2022 and $5.55 for registration periods beginning in 2023.

The act delays the initial imposition of the road usage fees from July 1, 2022, to April 1, 2023, and increases the amount of the reduction in the road safety surcharge for registration periods beginning in 2023 from $5.55 to $11.10. The act also requires transfers to be made on July 1, 2022, to hold the department of transportation, counties, and municipalities harmless from the reductions in road usage fee and road safety surcharge revenue as follows:

  • $47.1 million from the general fund to the state highway fund; and
  • $31.4 million from the general fund to the highway users tax fund.

For implementation of the act, $5,850 is appropriated from the general fund to the department of revenue for use by the division of motor vehicles.


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

Status: 5/16/2022 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


HB22-1355 Producer Responsibility Program For Recycling 
Comment:
Position: Oppose
Calendar Notification: Wednesday, May 11 2022
THIRD READING OF BILLS - FINAL PASSAGE
(5) in senate calendar.
News: Colorado’s legislature powers through harried final days toward the end of 2022 lawmaking term Wednesday
With less than 36 hours left in legislative session, more than 100 bills pending
Short Title: Producer Responsibility Program For Recycling
Sponsors: L. Cutter (D) / K. Priola (R) | J. Gonzales (D)
Summary:

On or before June 1, 2023, the executive director (executive director) of the Colorado department of public health and environment (department) must designate a nonprofit organization (organization) to implement and manage a statewide program (program) that provides recycling services to covered entities in the state, which are defined as residences, public places, small businesses, schools, hospitality locations, and state and local government buildings. The program is funded by annual dues (producer responsibility dues) paid by producers of products that use covered materials (producers). Covered materials are defined as packaging materials and paper products.

The act creates the producer responsibility program for statewide recycling advisory board (advisory board), which consists of members who have expertise in recycling programs and are knowledgeable about recycling services in the different geographic regions of the state.

Prior to the implementation of the program, the organization must:

  • On or before September 1, 2023, hire an independent third party to conduct an assessment of the recycling services currently provided in the state and the recycling needs in the state that are not being met (needs assessment);
  • On or before January 30, 2024, report the results of the needs assessment to the advisory board and the executive director;
  • On or before March 15, 2024, submit and present the needs assessment to the joint budget committee; and
  • On or before February 1, 2025, after soliciting input from the advisory board and other key stakeholders, submit a plan proposal for the program (plan proposal) to the advisory board and executive director.

The plan proposal will initially cover recycling services only for residential covered entities. The plan proposal must:

  • Describe how the organization will meet certain convenience standards and statewide recycling, collection, and postconsumer-recycled-content rates (rates);
  • Establish a funding mechanism through the collection of producer responsibility dues that covers the organization's costs in implementing the program and the costs of the department in overseeing the program;
  • Establish an objective formula to reimburse 100% of the net recycling services costs of public and private recycling service providers (providers) performing services under the program;
  • Provide a list of covered materials (minimum recyclable list) that providers performing services under the program must collect to be eligible for reimbursement under the program;
  • Set minimum rate targets that the state will strive to meet by January 1, 2030, and January 1, 2035, and describe how the state can meet increased rates after 2035; and
  • Describe a process and timeline, beginning no later than 2028, to expand recycling services to applicable nonresidential covered entities.

As part of the program, the organization must:

  • Utilize and expand on providers' existing recycling services to provide statewide recycling services at no charge to covered entities for all covered materials on the minimum recyclable list;
  • Develop and implement a statewide education and outreach program on the recycling and reuse of covered materials;
  • Contract with an independent third party to conduct an annual audit of the program; and
  • Submit an annual report to the advisory board describing the progress of the program (annual report).

On January 1, 2025, and each January 1 thereafter, as an alternative to participating in the program, a producer may submit an individual plan proposal to the advisory board. The advisory board will review and make recommendations on, and the executive director shall approve or reject, the individual plan proposal.

The act establishes the producer responsibility program for statewide recycling administration fund (fund). On or before June 30, 2026, and on each June 30 thereafter, the department will notify the organization of its costs in overseeing and enforcing the program, and the organization will transmit a portion of the producer responsibility dues to the fund for the purposes of reimbursing the department for its costs.

Effective July 1, 2025, a producer may not sell or distribute any products that use covered materials in the state unless the producer is participating in the program or, after January 1, 2029, as set forth in the final plan or another plan approved by the executive director.

The advisory board has the following duties:

  • Advise the organization on the needs assessment;
  • Review the needs assessment;
  • Review the plan proposal and make recommendations to the executive director regarding its approval or rejection;
  • Consult with the organization on any amendments to the plan proposal and then make recommendations to the executive director regarding approval or rejection of the amendments;
  • Review the annual report submitted by the organization; and
  • Consult with the organization on the development and updating of the minimum recyclable list.

The act establishes an administrative penalty for the organization's or a producer's violation of the relevant statutes and rules. The collected penalties are deposited into the recycling resources economic opportunity fund.

For the 2022-23 fiscal year, $119,130 is appropriated from the general fund to the department to implement the act, of which $20,503 is reappropriated to the department of law to provide legal services for the department.


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

Status: 6/3/2022 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


HB22-1356 Small Community-based Nonprofit Grant Program 
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Small Community-based Nonprofit Grant Program
Sponsors: L. Herod (D) | E. Hooton (D) / J. Gonzales (D) | B. Rankin (R)
Summary:

The small community-based nonprofit infrastructure grant program (grant program) is created in the division of local government in the department of local affairs (division) to provide grants to small community-based nonprofit organizations that have been impacted or disproportionately impacted by the COVID-19 public health emergency for infrastructure and capacity building. The division is required to administer the grant program and to contract with no more than 10 nonprofit organizations with specified qualifications (regional access partners) to award and monitor the grants.

To be eligible to receive a grant through the grant program, an organization must be one of the following:

  • A small community-based nonprofit organization that operates under section 501 (c)(3) of the federal internal revenue code;
  • A small community-based nonprofit organization that does not operate under section 501 (c)(3) of the federal internal revenue code and that works with a fiscal agent; or
  • A collaboration of multiple small community-based groups that are not nonprofit organizations and that work with a fiscal sponsor.

Each small community-based nonprofit organization or each of the small community-based groups that apply for a grant collaboratively is required to satisfy specified criteria to be considered an eligible recipient for a grant through the grant program. Grant recipients may use grant program money for infrastructure and capacity building purposes, including data technology needs, professional development for staff and board members, strategic planning and organizational development for capacity building and fundraising, communications, and existing program expansion, development, or evaluation. Grant recipients may not use grant money for capital improvements, real estate or land acquisition, payment of debt, advocacy or lobbying, organizing, endowments, or reserves.

To receive a grant, an applicant must submit an application to a regional access partner in accordance with policies and procedures developed by the division. The regional access partner is required to award grants and ensure that:

  • The maximum grant award does not exceed $100,000; and
  • A grant award does not exceed 30% of the recipient's annual operating budget.

The act appropriates $35 million from the economic recovery and relief cash fund to the division for the purposes of the grant program. The regional access partners are required to award the grants for the purposes of the grant program on or before December 30, 2024, and recipients of the grants are required to expend all grant money by December 30, 2026. The division and any person that receives money from the division, including a regional access partner, is required to comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller.


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

Status: 6/3/2022 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


HB22-1361 Oil And Gas Reporting 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Oil And Gas Reporting
Sponsors: A. Boesenecker (D) / S. Jaquez Lewis (D) | T. Story (D)
Summary:

The act requires:

  • No later than February 1, 2025, the state auditor to select a random sample of operators (random sample) and provide the list of operators in the random sample to the oil and gas conservation commission (commission), the executive director of the department of revenue (executive director), and the division of administration in the department of public health and environment (division);
  • No later than April 15, 2025, the commission, executive director, and division to submit certain reporting information for the operators in the random sample for calendar year 2023 and other information to the state auditor;
  • No later than May 1, 2025, the state auditor to commence conducting or cause to be conducted a performance audit based on the information submitted by the commission, the executive director, and the division; and
  • No later than March 1, 2026, the state auditor to prepare a report and recommendations based on the performance audit, which the state auditor will present to the legislative audit committee.
    (Note: This summary applies to this bill as enacted.)

Status: 6/8/2022 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


HB22-1362 Building Greenhouse Gas Emissions 
Comment:
Position: Monitor
Calendar Notification: Wednesday, May 11 2022
CONSIDERATION OF SENATE AMENDMENTS TO HOUSE BILLS
(4) in house calendar.
News:
Short Title: Building Greenhouse Gas Emissions
Sponsors: T. Bernett (D) | A. Valdez (D) / C. Hansen (D) | F. Winter (D)
Summary:

The act requires the director of the Colorado energy office (office) and the executive director of the department of local affairs to appoint an energy code board (board) that will develop for adoption by counties, municipalities, and state agencies 2 sets of model codes. The director of the office and the executive director of the department shall also appoint an executive committee for the board. The board shall develop a model electric and solar ready code on or before June 1, 2023, and a model low energy and carbon code on or before July 1, 2025. The office shall, independent of the board, identify model green code language for adoption by counties, municipalities, and state agencies.

Every element of either model code adopted by the board must be approved by two-thirds of the board. If two-thirds of the board fail to adopt an element required by statute for either model code, the executive committee must vote on that element. An element of either model code must be approved by the majority of the executive committee to be adopted.

In the event of a conflict between the 2021 international energy conservation code, the 2024 international energy conservation code, the model electric ready and solar ready code, or any other model codes adopted by either a local government or divisions in the executive branch and either the Colorado plumbing code or the national electric code, the Colorado plumbing code or the national electric code prevails.

The act establishes when the office of the state architect, the division of housing, and the division of fire prevention and control must adopt and enforce codes that achieve equivalent or better energy performance than the codes adopted by the board as follows:

  • On or before January 1, 2025, the office of the state architect, the division of housing, and the division of fire prevention and control shall adopt and enforce an energy code that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric and solar ready code developed by the board; and
  • On or before January 1, 2030, the office of the state architect, the division of housing, and the division of fire prevention and control shall adopt and enforce an energy code that achieves equivalent or better energy and carbon emissions performance than the model low energy and carbon code developed by the board.

Likewise, the act establishes when municipalities and counties must adopt and enforce codes that achieve equivalent or better energy performance than the codes adopted by the board as follows:

  • On or after July 1, 2023, and before July 1, 2026, municipalities and counties that update a building code shall adopt and enforce an energy code that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric and solar ready code developed by the board; and
  • On or after July 1, 2026, municipalities and counties that update a building code shall adopt and enforce an energy code that achieves equivalent or better energy performance than the model low energy and carbon code language developed by the board.

However, rather than either the model electric and solar ready code or the model low energy and carbon code, a rural county that applies for and is not awarded a grant that significantly assists in energy code adoption and enforcement training is instead required to adopt and enforce an energy code that achieves equivalent or better energy performance than one of the 3 most recent editions of the international energy conservation code.

The act also creates 2 primary grant programs that will be administered by the office:

  • The building electrification for public buildings grant program to provide grants to local governments, school districts, state agencies, and special districts for the installation of high-efficiency electric heating equipment; and
  • The high-efficiency electric heating and appliances grant program to provide grants to local governments, utilities, nonprofit organizations, and housing developers for the installation of high-efficiency electric heating equipment in multiple structures within a neighborhood and the purchase of electrical installations and upgrades necessary to support the installation of high-efficiency electric equipment.

The clean air building investments fund, a continuously appropriated cash fund, is established by the act to fund the creation, implementation, and administration of both of these grant programs.

Lastly, the act also requires the following transfers from the general fund:

  • $3 million to the energy fund created for the office to issue grants and provide training related to the 2021 international energy conservation code, electric and solar ready codes, and low energy and carbon codes;
  • $150,000 to the energy fund created for the office for the costs associated with administering the board;
  • $10 million to the clean air building investments fund for the creation, implementation, and administration of the building electrification for public buildings grant program; and
  • $10,850,000 to the clean air building investments fund for the creation, implementation, and administration of the high-efficiency electric heating and appliances grant program.
    (Note: This summary applies to this bill as enacted.)

Status: 6/2/2022 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


HB22-1363 Accountability To Taxpayers Special Districts 
Comment:
Position: Oppose
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Accountability To Taxpayers Special Districts
Sponsors: M. Weissman (D) | A. Boesenecker (D) / J. Gonzales (D) | T. Story (D)
Summary:

The bill makes the following modifications to statutory provisions governing special districts to increase the accountability of special districts to taxpayers:

  • If a separate legal entity established by contract includes one or more special districts, requires the separate legal entity to file with the division of local government in the department of local affairs certain financial information pertaining to the special district. In such circumstances, the directors of the special district are also required to comply with oath and bond requirements for directors of special districts.
  • Expands existing requirements on the information a metropolitan district must include on its public website to include information that is required by the service plan of the metropolitan district, by an ordinance or resolution adopted by the board of commissioners of a county, or by the governing body of a municipality, as applicable;
  • Expands the applicability of statutory provisions governing the approval and oversight of special districts to specify that these provisions do not apply when a special district that was originally approved at any time thereafter becomes wholly included within the boundaries of one or more municipalities;
  • Specifies information to be included in the financial plan that a new district submits along with its service plan;
  • Removes an existing cap on the amount of the fee that a special district must pay the board of county commissioners for processing review of a service plan;
  • For any proposed special metropolitan district that has any property within its boundaries that is zoned or valued for assessment as residential, enumerates certain acts that are disallowed for any service plan required to be filed by the district. A local government acting on a service plan is prohibited from approving a service plan for a special metropolitan district that permits any of these same acts the purchase of district debt by any entity with respect to which any director of the district has a conflict of interest necessitating disclosure .
  • Clarifies requirements affecting the oversight by a municipality that is wholly contained within the boundaries of the municipality, especially in connection with an annexing municipality;
  • Expands the circumstances under which material modifications of a special district's service plan are approved by the county or municipality, as applicable, to include the situation when the special district after initial approval of the plan becomes wholly included within the boundaries of a newly annexed municipality;
  • Specifies that approval is also required for any action or omission of a special district that is materially inconsistent with the district's service plan. Expands the list of examples of acts or omissions necessitating approval.
  • Authorizes a board of county commissioners for a district that lies entirely within the territorial boundaries of a county or the governing body of a municipality for a district that lies entirely within the boundaries of a municipality to impose a fee to offset the costs incurred by the county or municipality, as applicable, in reviewing the operations of the district and the district's compliance with its service plan. The fee is not payable more than once annually.
  • Prohibits a member of the board of a district that approved the issuance of any debt while the member was serving on the board from thereafter acquiring any interest in the debt individually or on behalf of any organization or entity for which the board member is engaged as an employee, counsel, consultant, representative, or agent; except that this requirement does not apply to debt acquired indirectly through an investment fund if the member has no input into or control over the individual securities that the fund purchases;
  • Prior to issuing debt to a director of a metropolitan district or to an entity with respect to which a director of a metropolitan district must make disclosure of a conflict of interest, the bill requires the board of the metropolitan district to receive a statement of a registered municipal advisor certifying that the interest rate of the debt does not exceed the lesser of:
  • The interest rate allowed under a method of calculation specified in the bill; or
  • The current market interest rate for the debt based on criteria determined by the municipal advisor, examples of which are listed in the bill;

  • Requires all meetings of a board of a special district that are held solely at physical locations to be held at physical locations that are within the boundaries of the district or that are within the boundaries of any county in which the district is located, in whole or in part, without exceptions or the possibility of a waiver;
  • Clarifies that the powers of the board of directors of any metropolitan district are limited by the district's service plan;
  • On and after September 1, 2022, prohibits a metropolitan district from entering into any new contract or agreement as of that date to furnish covenant enforcement and design review services. On and after September 1, 2022, the bill prohibits a metropolitan district from renewing any existing agreement entered into prior to that date to furnish covenant enforcement and design review services. Upon the expiration of the agreement, the master association or similar entity contracting with the metropolitan district is required to assume covenant enforcement and design review services.
  • Under current law, under specified circumstances, the board of county commissioners or the governing body of the municipality that has adopted a resolution of approval of the special district may require the board of the special district to file an application for a finding of reasonable diligence every 5 years. The bill makes this an annual requirement.
  • Makes proof of the commission of such act by a preponderance of the evidence proof that the director has breached the director's fiduciary duty and the public trust.

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


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

Status: 5/5/2022 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


HB22-1367 Updates To Employment Discrimination Laws 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Updates To Employment Discrimination Laws
Sponsors: S. Lontine (D) | M. Gray (D) / F. Winter (D) | B. Pettersen (D)
Summary:

The act amends employment discrimination laws, commonly referred to as the "Colorado Anti-discrimination Act" or "CADA", as follows:

  • With regard to the jurisdiction of the Colorado civil rights commission (commission) over discrimination complaints, instead of allowing the commission 270 days to notice a hearing on the complaint and the ability to grant the parties an extension of up to an additional 180 days, allows the commission a total of 450 days to notice a hearing on the complaint or lose jurisdiction over the complaint;
  • Expands the definition of "employee" to include individuals in domestic service and specifies that it is not a discriminatory or an unfair employment practice with respect to sex for a person to consider sex when hiring an employee to engage in child-care-related domestic services;
  • Extends 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; and
  • Repeals the prohibition, applicable in age discrimination cases only, against the relief and recovery of certain damages so that the remedies available in employment discrimination claims are consistent, regardless of the type of discrimination alleged.

The act appropriates $113,548 from the general fund to the department of regulatory agencies for use by the civil rights division to implement the act, with $98,718 allocated for personal services and $14,830 for operating expenses.


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

Status: 6/8/2022 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


HB22-1377 Grant Program Providing Responses To Homelessness 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Grant Program Providing Responses To Homelessness
Sponsors: S. Woodrow (D) | T. Exum (D) / C. Kolker (D) | J. Gonzales (D)
Summary:

The act creates the connecting Coloradans experiencing homelessness with services, recovery care, and housing supports grant program (grant program), administered by the division of housing (division) in the department of local affairs (department).

The grant program provides grants to local governments and nonprofit organizations to enable those entities to make investments and improvements in their communities or regions of the state to address and respond to the needs of people experiencing homelessness.

The act requires the division to develop policies, procedures, and guidelines governing the administration of the grant program. The act specifies how grant funding is to be awarded and the eligible uses of grant money awarded under the grant program. The act specifies requirements for grant recipients.

The act creates the connecting Coloradans experiencing homelessness with services, recovery care, and housing supports fund (fund) in the department. The act specifies requirements pertaining to the administration of the fund. The act requires a transfer of $105 million from the economic recovery and relief cash fund to the fund to administer the grant program. The act allows for up to $5 million of the money appropriated to the fund to be used for data collection and outreach efforts.

The act sets forth specified reporting requirements pertaining to the grant program.

The act requires the department, in conjunction with the department of health care policy and financing, to report to the house of representatives public and behavioral health and human services committee and the senate health and human services committee, and to its committee of reference during its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing, any results, recommendations, and federal implications concerning any supportive housing pilot program currently being administered by the department in conjunction with the department of health care policy and financing.

The act requires the division to report on the activities of the grant program as part of the regular annual public report prepared by the division on affordable and emergency housing spending.

The act appropriates $9,218 to the office of information technology to provide information technology services for the department.


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

Status: 6/1/2022 Signed by Governor
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


HB22-1383 Employment Opportunities For Juveniles 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Employment Opportunities For Juveniles
Sponsors: C. Kipp (D) | R. Holtorf (R) / P. Lee (D)
Summary:

The act allows the department of human services (department) to spend money appropriated to the department from the general fund in House Bill 22-1329 to expand career and technical education and vocational training programs in designated youth facilities for juveniles in the custody of the department.

The act prevents an employer from requiring an applicant for employment of any age to disclose information related to an arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while the applicant was subject to the process and jurisdiction of the juvenile court, and an applicant of any age is not required to disclose such information in response to an employer inquiry.

The act does not apply to the screening of applicants who have direct contact with vulnerable persons or the screening of applicants required by licensed child care, nor does it apply to any law enforcement agency or to any political subdivision.

The act prohibits state or local agencies from denying or taking adverse action against an applicant who has been adjudicated for a delinquent act in a juvenile proceeding, but who is otherwise qualified for a license, certification, permit, or registration.


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

Status: 6/3/2022 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


HB22-1394 Fund Just Transition Community And Worker Supports 
Comment:
Position: Support
Calendar Notification: Wednesday, May 11 2022
CONSIDERATION OF SENATE AMENDMENTS TO HOUSE BILLS
(7) in house calendar.
News:
Short Title: Fund Just Transition Community And Worker Supports
Sponsors: D. Esgar (D) | D. Roberts (D) / F. Winter (D) | K. Donovan (D)
Summary:

The act transfers $15 million from the general fund, with $5 million allocated to the just transition cash fund (fund) and $10 million allocated to the coal transition workforce assistance program account (account), and directs the department of labor and employment (department), through the just transition office (office), to expend the money for specified coal community and worker supports.

The act also:

  • Specifies that money remaining in the fund or the account at the end of any fiscal year remains in the fund or account, as applicable;
  • Eliminates the requirement to spend a certain percentage of the money in the fund by the end of specified fiscal years and instead allows the department to expend money in the fund through the end of the 2023-24 state fiscal year and authorizes roll-forward spending authority of amounts appropriated from the fund to the department pursuant to 2021 legislation through the 2023-24 state fiscal year;
  • Allows roll-forward spending authority of amounts appropriated from the account to the department pursuant to legislation passed earlier in the 2022 legislative session through the 2023-24 state fiscal year; and
  • Starting in 2022, requires the director of the office to report to the joint budget committee on the history of expenditures from the fund and the account and the purposes for which money in the fund and account were expended or obligated in the previous state fiscal year.

The act appropriates:

  • $5 million from the fund to the department for use by the division of employment and training (division) to implement coal community supports; and
  • $10 million from the account to the department for use by the division to implement coal worker supports.
    (Note: This summary applies to this bill as enacted.)

Status: 6/8/2022 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


HB22-1408 Modify Performance-based Incentive For Film Production 
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Modify Performance-based Incentive For Film Production
Sponsors: L. Herod (D) | D. Esgar (D) / D. Hisey (R) | D. Moreno (D)
Summary:

The act creates a film incentive task force to study how to make the performance-based incentive for film production in Colorado more effective. The task force is required to submit its findings to the house of representatives business affairs and labor committee and the senate business, labor, and technology committee by January 1, 2023.

The executive director of the office of economic development is authorized, in the executive director's discretion, to authorize the approval or issuance of an incentive in an amount that exceeds the current statutory limit of 20% of qualifying local expenditures for a production company that qualifies for an incentive.

On July 1, 2022, the state treasurer is required to transfer $2 million from the general fund to the Colorado office of film, television, and media operational account cash fund.

The $2 million that is transferred is appropriated to the office of the governor for use by the office of economic development for the Colorado office of film, television, and media.


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

Status: 6/3/2022 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


HB22-1409 Community Revitalization Grant Program Funding 
Comment:
Position: Support
Calendar Notification: Wednesday, May 11 2022
CONSIDERATION OF SENATE AMENDMENTS TO HOUSE BILLS
(8) in house calendar.
News:
Short Title: Community Revitalization Grant Program Funding
Sponsors: L. Herod (D) | B. Titone (D) / J. Coleman (D) | D. Hisey (R)
Summary:

To provide additional funding for the community revitalization grant program, the act requires the state treasurer to transfer $20 million from the economic recovery and relief cash fund to the community revitalization fund on July 1, 2022. On and after the effective date of the act, for-profit entities and organizations are no longer eligible to receive grants through the program.


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

Status: 6/3/2022 Governor Signed
Status History: Status History
Amendments:
Fiscal Notes:

Fiscal Note


SB22-063 Property Ownership Fairness Act 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Property Ownership Fairness Act
Sponsors: L. Liston (R) / A. Pico (R)
Summary:

The bill enacts the "Property Ownership Fairness Act" (act). The bill entitles a property owner to seek just compensation from a governmental entity that enacts a land use law reducing the right of a property owner to use, divide, sell, or possess their property and reducing the fair market value of the property. The bill sets forth the procedure by which a property owner can demand just compensation and sets forth exceptions where a property owner is not entitled to seek just compensation for a land use law. Additionally, the bill prohibits a governmental entity from enacting a land use law that caps residential building permits issued in a single or multi-year period with the intent of limiting growth or development.
(Note: This summary applies to this bill as introduced.)

Status: 3/1/2022 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Status History: Status History
Amendments:
Fiscal Notes:

Fiscal Note


SB22-066 Restore Unemployment Insurance Fund Balance 
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Restore Unemployment Insurance Fund Balance
Sponsors: R. Woodward (R) / K. Van Winkle (R)
Summary:

The bill:

  • Requires the state treasurer to transfer $1.1 billion from the general fund to the unemployment compensation fund (fund) to restore the balance of the fund to the fund's pre-pandemic level; and
  • Requires the director of the division of unemployment insurance to repay the federal government for $1.014 billion of advances received from the federal government in responding to the COVID-19 pandemic.
    (Note: This summary applies to this bill as introduced.)

Status: 5/3/2022 Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely
Status History: Status History
Amendments:
Fiscal Notes:

Fiscal Note


SB22-082 Geographical Area Hazardous Air Pollution Rule 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Geographical Area Hazardous Air Pollution Rule
Sponsors: K. Donovan (D)
Summary:

The bill requires the division of administration in the department of public health and environment to analyze data published by the United States environmental protection agency. The purpose of this analysis is to identify geographical areas in which hazardous air pollutants have the greatest negative effects on human health and then to propose a rule to the air quality control commission to address these areas. The commission will consider the rule at a hearing.

The division will also create and publish a map showing areas where hazardous air pollutants have the greatest potential for causing chronic human health effects.


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

Status: 2/16/2022 Senate Committee on Health & Human Services Postpone Indefinitely
Status History: Status History
Amendments:
Fiscal Notes:

Fiscal Note


SB22-083 Broadband Provider's Use Of Public Rights-of-way 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Broadband Provider's Use Of Public Rights-of-way
Sponsors: D. Coram (R) / M. Catlin (R) | S. Bird (D)
Summary:

The act requires the department of transportation (CDOT) to develop an electronic application, permitting, contract, and fee structure to facilitate access by nongovernmental entities to public rights-of-way for the deployment of broadband and requires acceptances and denials of such access by CDOT to be provided in writing and made available to the public.


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

Status: 4/7/2022 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


SB22-099 Sealing Criminal Records 
Comment:
Position: Monitor
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Sealing Criminal Records
Sponsors: D. Hisey (R) | R. Rodriguez (D) / K. Tipper (D) | C. Larson (R)
Summary:

The act requires a consumer reporting agency to exclude sealed and expunged records from a consumer report, unless the user of the report demonstrates that the user is otherwise required to consider the information pursuant to law.

Currently, there is a process that allows for automatic sealing of criminal justice records for certain drug offenses. The act extends automatic sealing to all offenses, including civil infractions, that allow a defendant to petition the court for sealing criminal justice records that are not subject to the victims rights act. The act streamlines the automatic record sealing process. The act allows a district attorney to object to the automatic sealing of a felony offense that is not a drug felony and, if the defendant requests a hearing in that case, the court shall schedule a hearing to determine whether to seal the records. The act requires the state court administrator to produce an annual report regarding automatic record sealing. During the 2023 and 2024 legislative sessions, the judicial department shall report on the progress of its implementation of the automatic sealing created by the act, including as part of the department's SMART act hearing.

The act requires district attorneys, in the completion of diversion prior to charges being filed, to seal diversion records without a court order.

The act provides that a defendant's and a district attorney's access to sealed records do not require a court order. The act provides the conditions that must be met for a researcher to access sealed records without a court order.

The act allows a record to be sealed if a defendant owes fines, court fees, late fees, or other court-ordered fees.

The act requires the Colorado bureau of investigation to produce an annual report regarding record sealing.

The act makes clarifying and organizational changes to the record sealing statutes.

The act appropriates $725,145 from the general fund to the judicial department to implement the act.


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

Status: 6/1/2022 Signed by Governor
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


SB22-116 Increase Occupational Credential Portability 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Increase Occupational Credential Portability
Sponsors: C. Holbert (R) | B. Pettersen (D) / K. Van Winkle (R) | S. Bird (D)
Summary:

Current law authorizes a regulator of a profession or occupation to approve an application for licensure, certification, registration, or enrollment by endorsement, reciprocity, or transfer through the occupational credential portability program (program). The act amends the program by:

  • Adding licensure, certification, registration, or enrollment in good standing through the federal government to the types of occupational credentials that qualify a person for a credential through the program;
  • Adding a military occupational specialty to the types of occupational credentials that qualify a person for a credential through the program;
  • If submitting proof of a credential from another jurisdiction as the basis for application under the program, requiring the applicant to have held the license, certification, registration, or enrollment, for at least one year, under a jurisdiction with a scope of practice that is substantially similar to the scope of practice of the profession or occupation required by Colorado law;
  • Removing the prohibition on approving licensure, certification, registration, or enrollment if such approval would violate an existing compact or reciprocity agreement;
  • Adding a requirement that an applicant for licensure, certification, registration, or enrollment have substantially equivalent education as required by Colorado law; and
  • Exempting engineers, surveyors, and architects from the program.
    (Note: This summary applies to this bill as enacted.)

Status: 5/2/2022 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


SB22-136 Special District Governance 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Special District Governance
Sponsors: T. Story (D) / M. Weissman (D) | A. Boesenecker (D)
Summary:

Section 1 of the bill extends the powers of the initiative and referendum reserved to the people in the state constitution to the electors of special districts.Section 2 requires each developer-affiliated board (board) of a special district (district) to issue an agenda and board packet for each board meeting. The board must send the agenda and board packet by regular United States mail and by e-mail to each resident of the district along with a separate statement that expressly discloses to each resident the fact that the board has a conflict of interest with the residents and that residents of the district may serve on the board.

The bill also requires each board to send a self-nomination form to each resident of the district with each agenda and board packet with instructions that a resident may follow for completing the form and delivering the completed form to the manager and legal counsel of the district.

Immediately upon receiving a self-nomination form from a resident for a position on the board, the board must identify the board position to be terminated and immediately appoint the resident who submitted the self-nomination form to fill the position. A developer-affiliated position is immediately terminated upon receipt by the board of a self-nomination form from a resident. If self-nomination forms are received from residents in an amount that exceeds the positions on the board, the board is required to immediately call a special election to fill all of the developer-affiliated positions.


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

Status: 3/1/2022 Senate Committee on Local Government Postpone Indefinitely
Status History: Status History
Amendments:
Fiscal Notes:

Fiscal Note


SB22-138 Reduce Greenhouse Gas Emissions In Colorado 
Comment:
Position: Oppose
Calendar Notification: Wednesday, May 11 2022
SPECIAL ORDERS - SECOND READING OF BILLS
(1) in house calendar.
News:
Short Title: Reduce Greenhouse Gas Emissions In Colorado
Sponsors: C. Hansen (D) | K. Priola (R) / A. Valdez (D) | K. McCormick (D)
Summary:

Section 1 of the bill requires that, beginning in 2023, each insurance company issued a certificate of authority to transact insurance business to prepare and file an annual report with the insurance commissioner providing a climate-risk assessment for the insurance company's investment portfolio from the previous 12 months. The commissioner of insurance is required to post the reports on the division of insurance's website. Section 1 defines "climate-risk assessment" as a determination of the economic and business risks that climate change poses to an investment that reports more than $100 million on its annual schedule T filing with the National Association of Insurance Commissioners (NAIC) participate in and complete the NAIC's "Insurer Climate Risk Disclosure Survey" or successor survey or reporting mechanism.Section 2 requires the board of trustees of the public employees' retirement association (PERA board ) to prepare a similar include as part of its annual investment stewardship report, and post it which report is posted on the PERA board's website , a description of climate-related investment risks, impacts, and strategies .Section 3 adds wastewater thermal energy equipment to the definition of "pollution control equipment", which equipment may be certified by the division of administration (division) in the department of public health and environment (CDPHE). Similarly, section 13 adds wastewater thermal energy to the definition of "clean heat resource", which resources a gas distribution utility includes in its clean heat plan filed with the public utilities commission.Section 3 4 updates the statewide greenhouse gas (GHG) emission reduction goals to add a 40% 65% reduction goal for 2028 2035 compared to 2005 GHG pollution levels and a 75% reduction goal for 2040 compared to 2005 GHG pollution levels.Section 4 defines a small off-road engine as a gasoline-powered engine of 50 horsepower or less used to fuel small off-road equipment like lawn mowers and leaf blowers. Section 4 phases out the use of small off-road engines by prohibiting their sale in nonattainment areas of the state on or after January 1, 2030, and by providing financial incentives to promote the replacement of small off-road engines with electric-powered, small off-road equipment before 2030.Section 11 establishes a state income tax credit in an amount equal to 30% of the purchase price for new, electric-powered, small off-road equipment for purchases made in income tax years 2023 through 2029. Section 5 requires the air quality control commission (AQCC), on or before August 1, 2023, to adopt rules to reduce GHG emissions, at a minimum, from sources in the industrial and manufacturing sector that reported GHG emissions greater than 25,000 metric tons from 2020 pursuant to the AQCC rule commonly known as "regulation number 22".Section 6 7 gives the oil and gas conservation commission (COGCC) authority over class VI injection wells used for sequestration of GHG including through the issuance and enforcement of permits if the governor and COGCC have determined that the state has sufficient resources to ensure the safe and effective regulation of the sequestration of GHG gases in accordance with a study that the COGCC conducts . If the governor and COGCC determine there are sufficient resources, the COGCC may seek primacy under the federal "Safe Drinking Water Act" and, once granted, may issue and enforce permits for class VI injection wells. The COGCC shall require, as part of its regulation of class VI injection wells, that operators of the wells provide adequate financial assurance, which financial assurance must be maintained until the COGCC approves the closure of a class VI injection well site.Section 7 8 requires the commissioner of agriculture or the commissioner's designee, in consultation with the Colorado energy office , and the air quality control commission the AQCC, and an institution of higher education with expertise in climate change mitigation, adaptation benefits, and other environmental benefits related to agricultural research , to conduct a study examining carbon reduction and sequestration opportunities in the agricultural sector and in land management in the state, including the potential development of certified carbon offset programs or credit instruments. On or before December 15, 2022 October 1, 2024 , the commissioner of agriculture or the commissioner's designee is required to submit a report summarizing the study, including any legislative recommendations, to the general assembly. The commissioner of agriculture may adopt rules incorporating recommendations and any recommended carbon offsets may be incorporated into the AQCC's rules.

In support of the use of agrivoltaics, which is the colocation integration of solar energy generation facilities on a parcel of land with agricultural activities, section 8 9 authorizes the Colorado agriculture value-added development board (board) to provide financing, including grants or loans, for agricultural research on the use of agrivoltaics. Section 9 directs the state treasurer to transfer $1,800,000 per year through 2027 from the general fund to the agriculture value-added cash fund for implementation of agrivoltaics research. For a research project for which the board awards money to study the use of agrivoltaics, sections 5 and 8 6 and 9 require the director of the division of parks and wildlife to consult on the research project regarding the wildlife impacts of agrivoltaic use.Section 9 10 authorizes the board to seek, accept, and expend gifts, grants, and donations, including donations of in-kind resources such as solar panels, for use in agricultural research projects. Section 9 10 also updates the statutory definition of "agrivoltaics" to list additional agricultural activities on the parcel of land on with which solar panel generation facilities may be colocated integrated , including animal husbandry, cover cropping for soil health, and carbon sequestration.Section 10 11 amends the statutory definition of "solar energy facility" used in determining the valuation of public utilities for property tax purposes to include agrivoltaics.Section 12 establishes a state income tax credit in an amount equal to 30% of the purchase price for new, electric-powered, small off-road equipment, which is defined as a lawn mower, leaf blower, or trimmer, for purchases made in income tax years 2023 through 2029. The tax credit may be claimed by a seller of electric-powered, small off-road equipment that demonstrates that it provided the purchaser a 30% discount from the purchase price of the electric-powered, small off-road equipment.Section 14 appropriates for state fiscal year 2022-23:

  • $81,429 from the oil and gas conservation and environmental response fund to the department of natural resources for use by the COGCC for the underground injection program;
  • $145,789 from the general fund to CDPHE for use by the division for regulation of stationary sources; and
  • $2,098,784 from the general fund to the department of agriculture for conservation services.

(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: 5/9/2022 House Second Reading Special Order - Laid Over Daily - No Amendments
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


SB22-146 Middle Income Access Program Expansion 
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Middle Income Access Program Expansion
Sponsors: R. Zenzinger (D) | D. Hisey (R) / M. Snyder (D) | M. Catlin (R)
Summary:

The act appropriates $25 million from the affordable housing and home ownership cash fund, which money originates from the general fund, to the department of local affairs (DOLA) for expansion of the middle income access program created and administered by the Colorado housing and finance authority (CHFA). The act requires the division of housing within DOLA to contract with CHFA for administration of the money appropriated.


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

Status: 5/16/2022 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


SB22-161 Wage Theft Employee Misclassification Enforcement 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Wage Theft Employee Misclassification Enforcement
Sponsors: J. Danielson (D) | S. Jaquez Lewis (D) / M. Duran (D) | M. Froelich (D)
Summary:

The act updates and modifies laws pertaining to the payment of wages and employee misclassification, and the enforcement procedures and remedies for violations of those laws, as follows:

  • Changes the penalties for failure to provide requested information to the division of labor standards and statistics in the department of labor and employment (DLSS) or for hindering or obstructing the director of the DLSS or other person authorized by the director in accessing an employer's premises from a misdemeanor criminal offense to a daily penalty of not less than $50 (sections 1 and 2 of the act);
  • Directs the DLSS to transmit penalties it imposes to the wage theft enforcement fund (sections 1 through 5 and 10);
  • Requires an employer to: Provide notice to an employee, within 10 days after the employment terminates, before deducting from wages or compensation any amount of money or property the employee failed to return or repay upon termination of employment and pay the employee the deducted amount within 14 days after the employee returns or repays the money or property if the employee did so within 14 days after notice is provided (section 6);
  • Imposes automatic penalties of the greater of 2 times the amount of the unpaid wages or $1,000 on an employer that fails to pay all past-due wages within 14 days after a written demand or civil or administrative action for the past-due wages is sent to or served on the employer. If an employee shows that the employer's failure or refusal to pay wages was willful, the employer is subject to penalties equal to the greater of 3 times the amount of unpaid wages or $3,000. The act further states that an employer's second or subsequent failure or refusal to pay wages of the same or similar type within the 5 years preceding a claim is considered per se willful (section 7).
  • If an employer makes a full legal tender of all amounts demanded in good faith within 14 days after a written demand is sent or an administrative claim or civil action is sent or served, the employee is required to dismiss the action (section 7);
  • Eliminates the authority of a court to award an employer reasonable attorney fees and costs in an action in which the employee claimed wages in excess of the greater of $7,500 or the jurisdictional limit for small claims court and the employee does not recover an amount greater than the amount the employer tendered and instead permits a court to award an employer reasonable attorney fees and costs if, within 14 days after a written demand is sent or a civil action is served, the employer makes full legal tender of all amounts demanded in good faith for all employees and the employees ultimately fail to recover a total sum that is greater than the amount tendered (section 8);
  • Allows the DLSS to award an employee reasonable costs incurred in an administrative claim when the employee recovers a sum that is greater than the amount the employer tendered, and, if the employee recovers more than $5,000 in unpaid wages, allows the DLSS to also award the employee attorney fees (section 8);
  • Allows the director of the DLSS to use existing authority under labor laws to gather information pertinent to wage claims from employers, employees, and other persons or entities (section 9);
  • Allows recovery of attorney fees, an additional fine of 50% of the amount of past-due wages, and a penalty of the greater of 50% of past-due wages or $3,000 from an employer that fails to pay an employee past-due wages within 60 days after the determination in favor of the employee (section 9);
  • For a citation, notice of assessment, or order issued against an employer on or after January 1, 2023, requires the DLSS, upon request of an employee, to file a certified copy of the citation, notice, or order with the appropriate clerk of court, after which the clerk is required to enter the citation, notice, or order as a judgment of the court, and the judgment is sufficient to support the issuance of writs of garnishment if the judgment is wholly or partially unsatisfied (section 10);
  • On or after January 1, 2023, authorizes the DLSS, either on its own initiative or within 60 days after receiving a written request from an employee, to issue a notice of administrative lien and levy, similar to a child support enforcement lien, when an employer fails to pay past-due wages, fines, or penalties, which lien attaches to the employer's real or personal property that is in the possession, custody, or control of another person (section 10);
  • Allows an employee who alleges that the employee's employer discriminated or retaliated against the employee for filing or participating in a wage claim to file a civil action to seek relief, including back pay, reinstatement or front pay, payment of unlawfully withheld wages, interest on past-due wages, penalties, liquidated damages, injunctive relief, and attorney fees and costs. The DLSS, after an investigation of a discrimination or retaliation claim, may also order similar relief to an employee, other than attorney fees and costs (section 11).
  • Establishes the worker and employee protection unit (unit) in the department of law to investigate and enforce wage theft and unemployment insurance and misclassification of employees claims under specified circumstances and requires the director of the DLSS to share with the unit any orders the director issued in the previous 12 months finding that an employer has misclassified employees (sections 12 through 15).

Section 16 appropriates $345,069 to the department of labor and employment for the 2022-23 state fiscal year to implement the act as follows:

  • $314,019 for use by the DLSS for program costs, including an additional 3.4 FTE; and
  • $31,050 to purchase legal services, which amount is reappropriated to the department of law to provide legal services to the department of labor and employment.

Section 16 also appropriates $95,200 to the department of law for the 2022-23 state fiscal year for use by consumer protection to implement the act, which amount assumes the department will require an additional 0.8 FTE.


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

Status: 6/3/2022 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


SB22-164 Correction Property Tax Disclosure Information Metropolitan District 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Correction Property Tax Disclosure Information Metropolitan District
Sponsors: R. Zenzinger (D) | R. Woodward (R) / S. Woodrow (D) | M. Lynch (R)
Summary:

In 2021, the general assembly enacted legislation, SB 21-262, concerning transparency for special districts, that, among other things, required the disclosure of property tax information to purchasers of newly constructed residences within the boundaries of metropolitan districts. As part of this required disclosure, SB 21-262 required the owner of the property to provide to the seller a copy of the most current county assessor's property tax certificate. The county assessors do not issue tax certificates. The tax certificate is issued by the county treasurer. The act corrects this incorrect statutory reference by requiring that each owner of real property that sells real property that includes a newly constructed residence, concurrently with or prior to the execution of a contract to sell the property, provide to the purchaser of the property a copy of the most current certificate of taxes due or tax statement issued by the county treasurer that is applicable to the property as an estimate of the sum of additional mill levies levied by other taxing entities that overlap the property in which the newly constructed residence is located.


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

Status: 5/6/2022 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


SB22-180 Programs To Reduce Ozone Through Increased Transit 
Comment:
Position: Monitor
Calendar Notification: Wednesday, May 11 2022
THIRD READING OF BILLS - FINAL PASSAGE
(1) in house calendar.
News: With less than 36 hours left in legislative session, more than 100 bills pending
Short Title: Programs To Reduce Ozone Through Increased Transit
Sponsors: F. Winter (D) | N. Hinrichsen / M. Gray (D) | J. Bacon (D)
Summary:

The act creates the ozone season transit grant program (program) in the Colorado energy office (office). The program provides grants to the regional transportation district (RTD) and transit associations in order to provide free transit services for at least 30 days during ozone season. A transit association receiving a grant may use the money to make grants to eligible transit agencies. The eligible transit agencies may use the money to provide at least 30 days of new or expanded free transit services during ozone season. The RTD may use grant money to cover up to 80% of the costs of providing free transit for at least 30 days on all services offered by the RTD during ozone season. Eligible transit agencies and the RTD can use the money to cover lost fare box revenues and to pay for other expenses necessary to implement the program, including expenses associated with an increase in ridership as a result of the program. The RTD and a transportation association receiving a grant are required to report to the office on the services offered and estimates of the change in ridership as a result of the program. The act transfers $28 million from the general fund to a newly-created ozone season transit grant program fund, and the money is continuously appropriated to the office for the program.

The office is required to establish policies governing the program and to report to the house and senate transportation committees by December 31 of each year of the program. The program is repealed, effective July 1, 2024.

The transit and rail division (division) in the department of transportation is required to create a 3-year pilot project to extend state-run transit services throughout the state with the goals of reducing ground level ozone, increasing ridership, and reducing vehicle miles traveled in the state. The act transfers $30 million from the general fund to the state highway fund for the project. The division is required to annually report to the transportation legislation review committee on the pilot project. The pilot project is repealed, effective July 1, 2026.

The act transfers $10 million dollars from the general fund to the state highway fund for use by the transportation development division for the revitalizing main streets program. In spending the money, the division is required to give priority to programs that improve air quality through increased use of transit.

The act amends statutes governing testing for commercial driver's licenses to allow a test to be conducted by a driving tester who is under contract with a testing unit or a statewide association working with transit agencies in addition to a driving tester who is employed by a testing unit. As soon as practicable after the effective date of the act, the rules promulgated by the department of revenue must include provisions allowing a testing unit that does not employ a driving tester to be licensed and conduct tests using a driving tester who is under contract with the testing unit or a statewide association working with transit agencies.


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

Status: 5/26/2022 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


SB22-193 Air Quality Improvement Investments 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Air Quality Improvement Investments
Sponsors: S. Fenberg (D) | J. Gonzales (D) / A. Valdez (D) | M. Froelich (D)
Summary:

Section 1 of the act creates the industrial and manufacturing operations clean air grant program (clean air grant program) through which the Colorado energy office (office) awards grant money to private entities, local governments, tribal governments, and public-private partnerships for voluntary projects to reduce air pollutants from industrial and manufacturing operations.

Voluntary projects eligible for grant money include:

  • Energy efficiency projects;
  • Renewable energy projects;
  • Beneficial electrification projects;
  • Transportation electrification projects;
  • Projects producing or utilizing clean hydrogen;
  • Projects involving carbon capture at industrial facilities and direct air capture projects;
  • Methane capture projects;
  • Projects producing or utilizing sustainable aviation fuel; and
  • Industrial process changes that reduce emissions.

Starting in 2025, the office is required to report annually on the progress of the clean air grant program, submit the report to the legislative committees with jurisdiction over energy matters, and post the reports on the office's website.

On June 30, 2022, the state treasurer shall transfer $25 million from the general fund to the industrial and manufacturing operations clean air grant program cash fund, which fund is created in the act. The fund may also consist of money from federal sources and from gifts, grants, and donations. The money in the fund is continuously appropriated to the office for its administration of the clean air grant program. The office may use up to 9% of the money in the fund for its administrative costs in implementing the clean air grant program.

The clean air grant program is repealed on September 1, 2029.

Section 1 also creates the cannabis resource optimization cash fund, which fund the office is required to administer to provide financial incentives for energy and water use conservation and sustainability practices in cannabis operations. The state treasurer is directed to transfer $1.5 million from the general fund to the cannabis resource optimization cash fund on July 1, 2022.

Section 2 creates the community access to electric bicycles grant program (electric bicycles grant program) through which the office awards grant money to local governments, tribal governments, and nonprofit organizations that administer or plan to administer a bike share program or an ownership program for the provision of electric bicycles in a community. Section 2 also creates the community access to electric bicycles rebate program (rebate program) through which the office provides rebates for purchases of electric bicycles and equipment used for commuting purposes to individuals in low- and moderate-income households, businesses, or nonprofit organizations (program participants) or bicycle shops that sell electric bicycles to program participants at discounted prices.

Starting in 2025, the office is required to report annually on the progress of the electric bicycles grant program and the rebate program, submit copies of the report to the legislative committees with jurisdiction over transportation matters, and post the report on the office's website.

On June 30, 2022, the state treasurer shall transfer $12 million from the general fund to the community access to electric bicycles cash fund (fund), which fund is created in the act. The fund may also consist of money from federal sources and from gifts, grants, and donations. The money in the fund is continuously appropriated to the office for its administration of the electric bicycles grant program and the rebate program. The office may use up to 9% of the money in the fund for its administrative costs in implementing the electric bicycles grant program and the rebate program.

The electric bicycles grant program and the rebate program are repealed on September 1, 2028.

Section 3 creates the electrifying school buses grant program (school buses grant program) through which the department of public health and environment (department), with technical assistance from the office, awards grant money to school districts, including schools operated by tribal governments, and charter schools, or nonprofit partners acting on behalf of a school district or charter school, to help finance the procurement and maintenance of electric-powered school buses, the conversion of fossil-fuel-powered school buses to electric-powered school buses, charging infrastructure, and upgrades for electric charging infrastructure and the retirement of fossil-fuel-powered school buses. The department of education is authorized to provide assistance to school districts and charter schools in applying for or implementing a project funded with grant money.

Starting in 2025, and every odd-numbered year thereafter, the department is required to report on the progress of the school buses grant program, submit copies of the report to the legislative committees with jurisdiction over education, energy and environment, and transportation matters, and post copies of the report on its website.

On June 30, 2022, the state treasurer shall transfer $65 million from the general fund to the electrifying school buses grant program cash fund (electric school buses fund), which fund is created in the act. The electrifying school buses fund may also consist of money from federal sources and from gifts, grants, and donations. The money in the electrifying school buses fund is continuously appropriated to the department for its administration of the school buses grant program. The department may use up to 8% of the money in the electrifying school buses fund for its administrative costs in implementing the electrifying school buses grant program.

The school buses grant program is repealed on September 1, 2034.

Section 4 updates the definition of "federal act" regarding the reference to the federal "Clean Air Act". Section 4 also updates the definition of "issue" with respect to an order, permit, determination, or notice issued by the division of administration in the department (division), to remove certified mail and add electronic mail as options to issue such order, permit, determination, or notice.

Section 5 clarifies that the statutory fee caps for fees collected by the air quality enterprise apply only to the annual stationary source emission fees. The statutory fee caps are $1 million for state fiscal year 2021-22, $3 million for state fiscal year 2022-23, $4 million for state fiscal year 2023-24, and $5 million on and after July 1, 2024.

Section 6 removes the requirement that the division make the forms on which a person provides details necessary for filing an air pollution emission notice available at all of the air pollution control authority offices.

Section 7 authorizes a person to seek judicial review of the division's failure to grant or deny a renewable operating permit until the division grants or denies the permit and authorizes the division to contract with third parties to perform permit application reviews, air quality monitoring reviews, or other work to support the division's air quality permit programs.

Section 8 extends the time within which the air quality control commission must grant or deny a request for a hearing from within 15 days after the request was made to within 30 days after the request was made and, if granted, requires the commission to set the hearing no later than 90 days after its first regularly scheduled meeting following receipt of the hearing request.

Existing law authorizes the commission to submit any additions or changes to the state implementation plan (SIP) to the administrator of the federal environmental protection agency (administrator) for conditional or temporary approval pending legislative council review of the additions or changes. Section 9 authorizes the commission to submit the changes or additions to the administrator as a provisional submission, pending possible introduction and enactment of a bill to modify or delete all or a portion of the commission's additions or changes to the SIP.

Section 11 appropriates from the general fund:

  • $750,000 to the department of personnel for the costs of issuing free annual eco passes to state employees; and
  • $7,000,000 to the department to finance the aerial surveying of pollutants, $90,725 of which is reappropriated to the office of information technology in the governor's office to provide information technology services to the department.

Section 11 also appropriates $44,365 from the electrifying school buses grant program cash fund to the department of education to provide technical assistance to school districts and charter schools applying for grant money from the school buses grant program and implementing projects awarded grant money.


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

Status: 6/2/2022 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


SB22-194 Money In Creative Industries Cash Fund 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Money In Creative Industries Cash Fund
Sponsors: T. Story (D) | R. Fields (D) / D. Valdez (D) | E. Hooton (D)
Summary:

The creative industries division in the office of economic development is authorized to spend money credited to the creative industries cash fund from the capital construction fund for the purposes of the art in public places program that is unexpended and unencumbered at the end of a fiscal year in the next 2 fiscal years, rather than in the next fiscal year only, without further appropriation.


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

Status: 5/20/2022 Governor Signed
Status History: Status History
Amendments:
Fiscal Notes:

Fiscal Note


SB22-215 Infrastructure Investment And Jobs Act Cash Fund 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Infrastructure Investment And Jobs Act Cash Fund
Sponsors: C. Hansen (D) | R. Zenzinger (D) / L. Herod (D) | J. McCluskie (D)
Summary:

The act creates the "Infrastructure Investment and Jobs Act" cash fund (fund) and requires the state treasurer to transfer $80,250,000 to the fund. The money in the fund is subject to annual appropriation by the general assembly to the office of the governor (office) and to departments. Money in the fund is to be used, subject to approval by the governor, as the nonfederal matching funding necessary for the state or a local government to be eligible to receive federal approval and federal funds for certain categories of infrastructure projects allowed under the federal "Infrastructure Investment and Jobs Act". The office must establish a process for receiving, reviewing, and approving applications and awarding and distributing money from the fund. The office, as well as state departments receiving money from the fund, are subject to annual reporting requirements.

$60 million is appropriated from the fund to the office and to a department, as defined in the act, for the 2021-22 state fiscal year, and any money appropriated and not expended prior to July 1, 2022, is further appropriated through the 2026-27 state fiscal year.


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

Status: 6/7/2022 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


SB22-230 Collective Bargaining For Counties 
Comment:
Position:
Calendar Notification: Wednesday, May 11 2022
THIRD READING OF BILLS - FINAL PASSAGE
(3) in house calendar.
News: With less than 36 hours left in legislative session, more than 100 bills pending
Short Title: Collective Bargaining For Counties
Sponsors: S. Fenberg (D) | D. Moreno (D) / D. Esgar (D)
Summary:

Beginning July 1, 2023, the act grants the public employees of a county with a population of 7,500 people or more (county employees) the right to:

  • Organize, form, join, or assist an employee organization or refrain from doing so;
  • Engage in collective bargaining;
  • Engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection;
  • Communicate with other county employees and with employee organization representatives and receive and distribute literature regarding employee organization issues; and
  • Have an exclusive representative at formal discussions concerning a grievance, a personnel policy or practice, or any other condition of employment.

The act clarifies that county employees may participate fully in the political process.

Additionally, the act:

  • Grants the exclusive representative of county employees the right to access county employees at work, through electronic communication, and through other means, including employee orientations;
  • Requires counties to honor county employee authorizations for payroll deductions for the exclusive representative;
  • Clarifies that specific rights of county employers are not impaired unless otherwise agreed to in a collective bargaining agreement;
  • Clarifies that nothing in a collective bargaining agreement restricts or usurps the existing authority granted to county commissioners;
  • Requires the director of the division of labor standards and statistics in the department of labor and employment (director) to enforce, interpret, apply, and administer the provisions of the act and, in doing so, to adopt rules, hold hearings, and impose administrative remedies;
  • Authorizes the director or any party of interest to request a district court to enforce orders made pursuant to the act;
  • Sets forth the process by which an employee organization is certified and decertified as the exclusive representative of county employees;
  • Sets forth the process by which an appropriate bargaining unit is determined; and
  • Requires the county and the exclusive representative to collectively bargain in good faith.

The act states that the collective bargaining agreement is an agreement negotiated between an exclusive representative and a county, with the approval of the board of county commissioners of the county, that must:

  • Be for a term of at least 12 months and not more than 60 months; and
  • Provide a grievance procedure that culminates in final and binding arbitration.

The act prohibits a collective bargaining agreement from:

  • Delaying the prompt interviewing of county employees under investigation;
  • Permitting a county employee to use paid time for a suspension from employment;
  • Permitting the expungement of disciplinary records under certain circumstances; and
  • Imposing limits on the period of time for which a county employee may be disciplined for incidents of violence.

The act describes the dispute resolution process that the exclusive representative and a county must follow if an impasse arises during the negotiation of a collective bargaining agreement.

The act sets forth the actions taken during the collective bargaining process by a county or an exclusive representative that are unfair labor practices.

To implement the act, $326,092 is appropriated from the general fund to the department of labor and employment and from that appropriation, $59,142 is reappropriated to the department of law to provide legal services for the department of labor and employment.


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

Status: 5/27/2022 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


SB22-232 Creation Of Colorado Workforce Housing Trust Authority 
Comment:
Position: Oppose
Calendar Notification: Wednesday, May 11 2022
THIRD READING OF BILLS - FINAL PASSAGE
(28) in house calendar.
News:
Short Title: Creation Of Colorado Workforce Housing Trust Authority
Sponsors: J. Bridges (D) | D. Moreno (D) / L. Herod (D) | T. Bernett (D)
Summary:

The act creates the middle-income housing authority (authority) for the purpose of acquiring, constructing, rehabilitating, owning, operating, and financing affordable rental housing projects for middle-income workforce housing. The authority is governed by a board of directors composed of appointees by the governor with the consent of the senate. The bill specifies requirements governing the appointment of board members and other administrative details. The board must solicit project proposals by October 1, 2022. Rental units in affordable rental housing projects must provide middle-income workforce housing with stable rents.

The authority is a "public entity" and is a "special purpose authority" for the purpose of TABOR.

The authority is authorized to exercise the powers necessary to acquire, construct, rehabilitate, own, operate, and finance affordable rental housing projects, including but not limited to:

  • The power to issue bonds in connection with its affordable rental housing projects payable solely from revenues from affordable rental housing projects and with no recourse to the state;
  • The power to enter into public-private partnerships and to contract with experienced real estate professionals to develop and operate affordable rental housing projects;
  • The power to employ its own personnel or contract with public or private entities, or both, for services necessary or convenient to the conduct of all of the authority's activities;
  • To provide assistance to tenants in its rental housing to enable a transition to home ownership; and
  • To establish one or more controlled entities to carry out its activities.
    (Note: This summary applies to this bill as enacted.)

Status: 6/3/2022 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


SB22-233 TABOR Refund Mechanism For FY 2021-22 Only 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: TABOR Refund Mechanism For FY 2021-22 Only
Sponsors: N. Hinrichsen | R. Rodriguez (D) / T. Exum (D) | L. Daugherty (D)
Summary:

If the state exceeds its constitutional spending limit, then it is required by the Taxpayer's Bill of Rights (TABOR) to refund the excess state revenues (TABOR refunds). There are currently 3 TABOR refund mechanisms: Reimbursement to counties for the senior homestead exemption, a temporary income tax rate reduction, and a sales tax refund.

The act establishes a temporary fourth TABOR refund mechanism for excess state revenues from all sources for state fiscal year 2021-22. Under this mechanism, if the amount of excess state revenues exceeds the projected total amount of TABOR refunds issued as reimbursement to counties for the senior homestead exemption and, if applicable, through the temporary income tax rate reduction, then on or before September 30, 2022, the department of revenue is required to issue refund checks to every qualified individual in an identical amount; except that, for qualified individuals who were granted an extension to file a state income tax return and timely file the state income tax return, the refund checks must be issued on or before January 31, 2023.

The refund amount is $400 for every qualified individual who files a single income tax return or who applies for a property tax, rent, or heat credit rebate and $800 for each pair of qualified individuals who file a joint income tax return or who apply for a property tax, rent, or heat credit rebate; except that:

  • If the anticipated aggregate amount of the refund plus the estimated amounts to be refunded through reimbursement to counties for the senior homestead exemption and the temporary income tax rate reduction is estimated to refund less than 85% of the total amount of excess state revenues, then the executive director of the department of revenue must increase the refund amount so that the aggregate amount refunded is approximately equal to 85% of the total excess state revenues inclusive of amounts to be refunded through reimbursement to counties for the senior homestead exemption and the temporary income tax rate reduction; and
  • If the anticipated aggregate amount of the refund, plus the estimated amounts to be refunded through reimbursement to counties for the senior homestead exemption and the temporary income tax rate reduction, is estimated to refund more than 87% of the total excess state revenues, then the executive director of the department of revenue may decrease the refund, to avoid an over-refund, to an amount less than $400 for every qualified individual who files a single income tax return or who receives a property tax, rent, or heat credit rebate and $800 for each pair of qualified individuals who file a joint income tax return or who receive a property tax, rent, or heat credit rebate.

Any increase or decrease to the refund amount must be rounded to the nearest fifty dollar increment and must maintain an equal temporary refund for every qualified individual that is doubled for each pair of qualified individuals filing a joint return or applying jointly for a property tax, rent, or heat credit rebate.

"Qualified individual" is defined for purposes of the act as a natural person who is at least 18 years of age on or before December 31, 2021, is a Colorado resident for the entire 2021income tax year, and files a state income tax return for the 2021 income tax year or applies for a property tax, rent, or heat credit rebate.

$2,578,995 is appropriated from the general fund to the department of revenue to implement the temporary TABOR refund mechanism and $1,715,635 of that appropriation is reappropriated to the department of personnel to provide related document management services for the department of revenue.


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

Status: 5/23/2022 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


SB22-234 Unemployment Compensation 
Comment:
Position: Monitor
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Unemployment Compensation
Sponsors: C. Hansen (D) | B. Rankin (R) / D. Ortiz (D) | M. Snyder (D)
Summary:

The act:

  • Amends the existing authority of the division of unemployment insurance (division) to issue bonds by clarifying that the division may issue the bonds through the state treasurer and granting the division the authority to levy bond assessments;
  • Makes a temporary increase in partial unemployment benefits provided in current law permanent;
  • Repeals the requirement that an individual wait at least one week before becoming eligible for unemployment compensation. This repeal will take effect when the unemployment compensation fund reaches a balance of at least $1 billion.
  • Requires the division to study how to implement a dependent allowance for individuals receiving unemployment compensation.
  • Requires the department of labor and employment to award grants to one or more third-party administrators for the purpose of providing recovery benefits to eligible individuals. The grants to the third-party administrators and the recovery benefits are funded through .00035 of the premium each employer is required to submit to the division.
  • Provides that an individual is eligible to receive recovery benefits if the individual, regardless of the individual's immigration status: Separated from employment through no fault of the individual; received income from employment during a qualified base period or alternative base period; attests that the individual is not currently receiving any state-administered wage replacement assistance; is not eligible for state-administered wage replacement assistance for reasons related to the individual's authorization to work; and has a pay stub or form W-2 to verify the individual's employment and wage withholding.
  • Requires an employer to provide an employee with certain information about unemployment compensation upon the employee's separation from employment;
  • Extends the hold on an employer's solvency surcharge through calendar year 2023;
  • Requires the state treasurer to transfer $600 million to a newly created fund. The transfer is from money received by the state through the federal "American Rescue Plan Act of 2021". The money in the fund may be used only to repay the outstanding balance of federal advances provided to the state through the unemployment insurance trust fund and interest owed on the advances.
  • Sets forth factors that the division must consider in determining whether the repayment of overpaid unemployment compensation benefits repayment would be inequitable.
    (Note: This summary applies to this bill as enacted.)

Status: 5/25/2022 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


SB22-238 2023 And 2024 Property Tax 
Comment:
Position: Monitor
Calendar Notification: NOT ON CALENDAR
News:
Short Title: 2023 And 2024 Property Tax
Sponsors: C. Hansen (D) | B. Rankin (R) / M. Weissman (D) | P. Neville (R)
Summary:

For the 2023 property tax year:

  • Section 1 of the act reduces the valuation for assessment of nonresidential property, excluding agricultural and renewable energy production nonresidential property, from 29% of the actual value of the property to 27.9% of the actual value of the property;
  • Section 2 reduces the valuation for assessment of residential property, including multi-family residential property, to 6.765% of the actual value of the property; and
  • Sections 1 and 3 reduce the actual value used for purposes of the valuation for assessment of commercial real property by $30,000 and of residential real property by $15,000, but in either case to no less than $1,000.

For the 2024 property tax year:

  • Section 1 continues the valuation for assessment of real and personal property that is classified as agricultural property or renewable energy production property at 26.4% of the actual value of the property;
  • Section 2 establishes the valuation for assessment for all residential real property other than multi-family residential real property as the percentage of the actual value of such property determined by a calculation made by the property tax administrator as required by section 4; and
  • Section 2 also establishes the valuation for assessment for multi-family residential real property as 6.8% of the actual value of the property.

Section 4 requires the adjustment of the ratio of valuation for assessment for all residential real property other than multi-family residential real property for the 2024 property tax year so that the aggregate decrease in local government property tax revenue during the 2023 and 2024 property tax years, as a result of the act, equals $700 million.

Section 5 requires the state treasurer to reimburse counties for the reduction in property tax revenue resulting from the act during the 2023 property tax year and requires the property tax administrator, using information provided by each county treasurer, to report this amount to the general assembly. The state treasurer is required to fully reimburse any county that:

  • Had an increase of less than 10% in assessed value of real property between the 2022 and 2023 property tax years; and
  • Has a population of 300,000 or fewer.

The state treasurer is also required to reimburse a county 90% of the amount of the reduction if the county:

  • Had an increase of 10% or more in assessed value of real property between the 2022 and 2023 property tax years; and
  • Has a population of 300,000 or fewer.

Lastly, the state treasurer is also required to reimburse any county that does not qualify for full or 90% reimbursement 65% of the amount of the reduction excluding the aggregate decrease in local government property tax revenue during the 2023 and 2024 property tax years, as a result of the act for municipalities, fire districts, health services districts, water districts, sanitation districts, school districts, and library districts in those counties. If municipalities, fire districts, health services districts, water districts, sanitation districts, and library districts in those counties had an increase of less than 10 % in assessed value of real property between the 2022 and 2023 property tax years, the state treasurer is required to reimburse the entire amount of the aggregate decrease in local government property tax revenue for those local governmental entities during the 2023 property tax years, as a result of the act. If municipalities, fire districts, health services districts, water districts sanitation districts, and library districts in those counties had an increase of 10% or more in assessed value of real property between the 2022 and 2023 property tax years, the state treasurer is required to reimburse 90% of the aggregate decrease in local government property tax revenue for those local governmental entities during the 2023 property tax years, as a result of the act. County treasurers must then distribute these reimbursements to the local governmental entities, excluding school districts, within the treasurer's county as if the revenue had been regularly paid as property tax. The lesser of $240 million of reimbursement or the amount of reimbursement that can be paid from such excess state revenues must be paid as a refund of state fiscal year 2022-23 excess state revenues that are not being refunded through specified existing refund mechanisms, and the rest of the reimbursement must be paid from the general fund.

For school districts, section 6 requires the state treasurer to transfer $200 million from the general fund to the state public school fund to offset school district property tax revenue reductions.

Section 5 also requires the property tax administrator to prepare a report that identifies the aggregate reduction in local government property tax revenue during the 2023 property tax year resulting from the act.


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

Status: 5/16/2022 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note