The act repeals the requirements that property must be owned for strictly charitable purposes and not for private gain or corporate profit and that the property must be irrevocably dedicated to a charitable purpose in order for the property to qualify for the property tax exemption for property used as an integral part of a child care center. These changes allow property that is used by a tenant or subtenant to operate a child care center to be eligible for the exemption, and the act specifies that in such case, only the operator's use is to be considered for purposes of determining whether the property is eligible for the exemption. An operator of an eligible facility, or the operator's authorized agent, is required to sign the exemption application form and to provide the property tax administrator with any requested information related to the exemption.

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

Fiscal Note

With respect to mandatory coverage for fertility diagnosis and treatment and fertility preservation services (fertility services) under health benefit plans, the act requires large employer health benefit plans issued or renewed in this state on or after January 1, 2023, to cover fertility services and requires the division of insurance to implement the coverage requirement.

In addition, for individual and small group policies and contracts, the act requires coverage for fertility services under individual and small group policies and contracts issued or renewed in this state 12 months after the federal department of health and human services determines that coverage for fertility services does not require defrayal by the state, and requires the division to implement the fertility services coverage requirement once effective.

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

Fiscal Note

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.)

Fiscal Note

For 4 income tax years beginning in 2022, the act creates a refundable income tax credit for an early childhood educator who:

• Has an adjusted gross income that is less than or equal to $75,000 for an individual filing a single return or $150,000 for an individual filing a joint return;
• Holds an early childhood professional credential for at least part of the income tax year; and
• For at least 6 months of the income tax year, is either the licensee or employee of an "eligible program", as defined by the act.

The amount of the credit is dependent on the eligible early childhood educator's credentialing level, with higher levels receiving a larger credit, and is annually adjusted for inflation.

The department of human services, or a successor department, is required to annually provide the department of revenue with an electronic report of each individual who held an early childhood professional credential during the previous calendar year for which the credit is allowed.

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

Fiscal Note

An existing statute allows a municipality or county to adopt an ordinance or resolution specifying that a person riding a bicycle, electrical assisted bicycle, or electric scooter may make a safety stop, rather than a full stop, under certain circumstances when approaching an intersection that is controlled by a stop sign or a traffic control signal as follows:

• When approaching a stop sign, if it is safe to proceed, the person may, after slowing to a reasonable speed of 15 miles per hour or less, or 10 or 20 miles per hour or less if so specified by a municipality or county for a particular intersection and marked with appropriate signage, and yielding the right-of-way to any traffic or pedestrian in or approaching the intersection, continue through the intersection without stopping; and
• When approaching an illuminated red traffic control signal, the person must first stop at the intersection and yield to all other traffic and pedestrians and then, when safe to do so, may proceed straight or make a right turn through the intersection or, subject to specified conditions, make a left turn onto a one-way street only.

The act amends the statute to make the substantive requirements described above uniform statewide for most persons 15 years of age or older or under 15 years of age and accompanied by an adult who are approaching a controlled intersection and are not operating a motor vehicle; except that the statewide "reasonable speed" is 10 rather than 15 miles per hour or less and the only municipal or county "reasonable speed" variance option is to increase the maximum "reasonable speed" for a particular intersection to 20 miles per hour. Such persons include pedestrians approaching a controlled intersection with a stop sign and operators of low-speed conveyances, as defined in the act, approaching a controlled intersection with a stop sign or a traffic control signal. However, if a county or municipality has placed a traffic sign or a traffic control signal at a controlled intersection and the traffic sign or traffic control signal provides instructions only to one or more specified types of low-speed conveyances, the operator of a low-speed conveyance to which the traffic sign or traffic control signal is directed is required to obey the instructions provided by the traffic sign or traffic control signal.

The regulation of persons approaching controlled intersections is declared to be a matter of mixed state and local concern, and the amended statute is thus declared to supersede any conflicting local ordinance or resolution but not to affect the validity of any nonconflicting local ordinance or resolution that regulates the conduct of persons approaching controlled intersections. The act does not create any right for a pedestrian or the operator of a low-speed conveyance to travel on any portion of a roadway where travel is otherwise prohibited by state law or a local ordinance or resolution.

The department of transportation, in collaboration with the departments of education and public safety and appropriate nonprofit organizations and advocacy groups, is required to incorporate legal requirements and safe practices for approaching controlled intersections as a pedestrian or while operating a low-speed conveyance into educational materials for persons under the age of 18 and the general public. The division of motor vehicles in the department of revenue is required to include in updates to the "Colorado Driver Handbook" updated information regarding legal requirements and safe practices for approaching controlled intersections that reflect the changes made by the act.

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

Fiscal Note

Usually, an owner of a powered wheelchair must seek diagnostic, maintenance, or repair services of the wheelchair from the manufacturer.

Starting January 1, 2023, the act requires a manufacturer to provide parts, embedded software, firmware, tools, or documentation, such as diagnostic, maintenance, or repair manuals, diagrams, or similar information, to independent repair providers and owners of the manufacturer's powered wheelchairs to allow an independent repair provider or owner to conduct diagnostic, maintenance, or repair services on the owner's powered wheelchair. A manufacturer's failure to comply with the requirement is a deceptive trade practice. In complying with the requirement to provide these resources, a manufacturer need not divulge any trade secrets to independent repair providers and owners.

Any new contractual provision or other arrangement that a manufacturer enters into on or after January 1, 2023, that would remove or limit the manufacturer's obligation to provide these resources to independent repair providers and owners is void and unenforceable. A manufacturer is not liable for faulty or otherwise improper repairs that an independent repair provider or owner performs on a powered wheelchair.

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

Fiscal Note

The act updates the "Older Coloradans' Act" (act). The purpose of the act is to support older Coloradans through community planning, social services, health and well-being services, and strategies to prepare the state's infrastructure for an increasing older population of Coloradans.

The act updates include:

• Reorganizing the commission on aging (commission) and increasing membership from 17 to 19 in order to coordinate and implement the strategic action plan on aging (plan) and to make recommendations;
• Appointing a state department of human services (state department) liaison to act as the primary contact for the commission in order to coordinate commission-related duties with the state department and other state agencies;
• Convening a technical advisory committee (committee) comprised of key state agency representatives to direct the implementation of the plan and the commission's recommendations; and
• Creating the lifelong Colorado initiative within the state department's state office on aging to coordinate strategies and implementation of the plan and the commission's recommendations with the commission, committee, and key state agencies.
  (Note: This summary applies to this bill as enacted.)

Fiscal Note

The act adds child representatives, code enforcement officers, health-care workers, an officer or agent of the state bureau of animal protection, an animal control officer, and office of the respondent parents' counsel staff members and contractors to the list of protected persons whose personal information may be withheld from the internet if the protected person believes dissemination of such information poses an imminent and serious threat to the protected person or the safety of the protected person's immediate family.

The act adds a protected person's full name and home address to the list of personal information that the protected person's written request for removal must include.

The act authorizes access to records maintained by a county recorder, county assessor, or county treasurer for certain individuals if such access is related to a real estate matter.

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

Fiscal Note

The bill prohibits terminating the life of an unborn child and makes a violation a class 1 felony. The following are exceptions to the prohibition:

• A licensed physician performs a medical procedure designed or intended to prevent the death of a pregnant mother, if the physician makes reasonable medical efforts u nder the circumstances to preserve both the life of the mother and the life of her unborn child in a manner consistent with conventional medical practice; and
• A licensed physician provides medical treatment, including chemotherapy or removal of an ectopic pregnancy, to the mother that results in the accidental or unintentional injury to or death of the unborn child.

The pregnant mother upon whom termination of the life of an unborn child is performed or attempted is not subject to a criminal penalty. A conviction related to the prohibition of the termination of the life of an unborn child constitutes unprofessional conduct for purposes of physician licensing. The bill does not prohibit the sale and use of contraception.

The bill states that any act, law, treaty, order, or regulation of the United States government that denies or prohibits protection of a human person's inalienable right to life is null, void, and unenforceable, in this state and that the courts of the United States have no jurisdiction to interfere with Colorado's interest in protecting human life at conception, when human life begins.

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

Fiscal Note

The act authorizes a postsecondary institution to refuse to provide a transcript or diploma to a current or former student on the grounds that the student owes a debt for tuition, room and board fees, or financial aid funds, unless the student owes a debt other than a debt for tuition, room and board fees, or financial aid funds, or if the student can demonstrate that the transcript or diploma is needed for certain purposes.

If a postsecondary institution provides a transcript or diploma to a current or former student, the act prohibits the postsecondary institution from:

• Conditioning the provision of a transcript or diploma on the payment of a debt, other than a fee charged to provide the transcript or diploma;
• Charging a higher fee to obtain a transcript or diploma or providing less favorable treatment in response to a transcript or diploma request because a current or former student owes a debt; or
• Using transcript or diploma issuance as a tool for debt collection.

The act requires each postsecondary institution to adopt a policy that outlines the process by which a student may obtain a transcript or diploma and the circumstances under which a transcript or diploma may be withheld from a current or former student.

Beginning July 1, 2024, the act requires each postsecondary institution to annually report certain information to the department of higher education concerning transcript, diploma, and registration holds.

The act authorizes the student loan ombudsperson (ombudsperson) to provide information to the public regarding the limits on withholding a transcript or diploma and authorizes the ombudsperson and the administrator of the "Uniform Consumer Credit Code" (administrator) to receive complaints from a current or former student who has had a transcript or diploma withheld.

Beginning January 2025, the act requires the attorney general's office to compile data on the complaints received by the ombudsperson and the administrator concerning transcript and diploma holds and report the data through the annual SMART act hearing.

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

Fiscal Note

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.)

Fiscal Note

The act creates a state sales and use tax exemption commencing January 1, 2023, for all sales, storage, use, and consumption of incontinence products and diapers and period products. The act further provides that counties and municipalities may choose to adopt either or both exemptions by express inclusion in their sales and use tax ordinance or resolution.

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

Fiscal Note

Section 1 of the bill makes legislative findings. Section 3 prohibits a cigarette, tobacco product, or nicotine product (product) retailer from selling, offering for sale, advertising for sale, displaying, shipping, delivering, or marketing in the state any flavored product, and section 2 defines flavored product as a product imparting a taste or smell other than the taste or smell of tobacco. Section 3 also prohibits the sale, offer for sale, advertising for sale, displaying, or marketing of a synthetic nicotine product and section 2 defines synthetic nicotine as nicotine derived from a source other than tobacco. A retailer, manufacturer of products, or employee or agent of a retailer or manufacturer of products engages in conduct creating a rebuttable presumption that a product is a flavored product if the person makes a public statement or claim, uses text or images, or takes other action directed toward consumers indicating that the product has a taste or smell other than the taste or smell of tobacco. Section 3 exempts pipe tobacco products, premium cigars, and shisha tobacco from the prohibition, as well as exempting a cigar-tobacco bar located in a licensed gaming establishment.Section 4 imposes the same penalties for selling, offering for sale, advertising for sale, displaying, or marketing in the state any flavored product or synthetic nicotine product that apply to unlawful sales of products to minors.Section 5 amends the definition of product to include products containing synthetic nicotine. and section 2 defines synthetic nicotine as nicotine derived from a source other than tobacco.Section 6 directs the prevention services division in the department of public health and environment (department) to convene a working group to develop, implement, and administer a grant program to award 2-year grants to applicants who are able to provide evidence-informed and individualized wrap-around services in Sections 6 and 7 add to the tobacco education, prevention, and cessation grant program in the department of public health and environment the authority to award grant money to provide resources to communities disproportionately impacted by targeted tobacco and nicotine marketing and sales or by increased or minimally improved tobacco-use and nicotine-use prevalence rates. Section 6 also directs the general assembly to appropriate $10 million from the general fund to the department for the grant program. and by the prevalence of tobacco and nicotine product use.

(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.)

Fiscal Note

The bill requires health-care providers that perform induced terminations of pregnancies to report specified information concerning the women who obtain the procedure to the state registrar of vital statistics in the department of public health and environment in an electronic format as prescribed by the state registrar. The reported information must not include information that could identify the women who obtained induced terminations of pregnancies.

The bill requires the state registrar to annually create a summary report of the information reported by health-care providers and to make the report available to the public. The bill places limitations on how and to whom the state registrar may release the information reported to the state registrar. A physician or physician assistant who falsifies or fails to submit the required information engages in unprofessional conduct pursuant to the "Colorado Medical Practice Act". An advanced practice registered nurse who falsifies or fails to submit the required information is subject to discipline pursuant to the "Nurse and Nurse Aide Practice Act".

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

Fiscal Note

The bill defines a "person" to include an unborn child at all stages of gestation, from fertilization to natural death, as it relates to a private right of action and current homicide and assault provisions.

The bill declares that any existing state law relating to prenatal homicide or regulating abortion or abortion facilities is superseded to the extent it conflicts or is inconsistent with the provisions of the bill. The bill requires the state to enforce homicide and assault provisions without regard to the opinion of the United States supreme court in Roe v. Wade and other supreme court decisions, past and future.

The bill authorizes the state to disregard any federal court decision that purports to enjoin or void this requirement and subjects a Colorado judge to impeachment or removal if the judge purports to enjoin, stay, overrule, or void the requirement.

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

Fiscal Note

The act expands the statutory list of state laws for which the attorney general may bring civil and criminal enforcement actions to include various statutory provisions relating to housing.

The act also creates the fair housing unit within the department of law.

When there is reason to believe that there is a potential violation of law that risks harm to a consumer, public health, or public safety, that is based on a substantiated complaint, the act permits the attorney general to investigate any person or organization that is otherwise subject to the attorney general's existing statutory authority. A complaint is not necessary if the information is provided by an agency of the federal, state, or a local government that regulates or provides protections for consumers, tenants, and mobile home residents. The attorney general may direct or subpoena any person whose testimony may be required about potential violations of law and may direct or subpoena the person to produce records the attorney general considers relevant to the inquiry.

Nothing in the act impacts or affects banking examinations and regulations promulgated by primary federal and state banking authorities, notwithstanding the attorney general's existing legal authority.

When the attorney general has reasonable cause to believe that any person, whether in this state or elsewhere, has engaged in or is engaging in a violation of certain housing-related statutes, the attorney general may take various steps, enumerated in the act, to investigate the possible violation.

The act specifies requirements concerning the venue in which enforcement actions may be brought, the issuance of subpoenas and the production of documents, admissibility of testimony, remedies for failure to cooperate or to obey a subpoena, injunctive authority and assurances of discontinuances, penalties, and the limitations period governing the filing of an action alleging violations of housing-related statutes.

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

Fiscal Note

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.)

Fiscal Note

The bill requires the state court administrator to provide the secretary of state with a report of all persons who report as ineligible to serve as a trial or grand juror because they are either not a citizen or do not reside in the county in which they are summoned for juror service. The bill also requires the secretary of state to forward this report to each county clerk and recorder.

The bill then requires county clerk and recorders to cancel the voter registration of any elector who is either not a citizen or does not reside in the county and who the county clerk and recorders have received notice of from the state court administrator's report. The secretary of state may cancel the voter registration of any elector who is not a citizen and who the secretary of state has received notice of from the state court administrator's report.

Nothing in the bill allows a county clerk and recorder or the secretary of state to cancel the registration of a uniformed-service voter who is absent from the county in which he or she is registered to vote by reason of active duty.

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

Fiscal Note

The bill requires that paper used for paper ballots have certain fraud countermeasures and that paper ballot records be provided by vendors that have one or more specified accreditations in any primary, general, coordinated statewide, or statewide recall election.

The bill also requires the general assembly to annually appropriate money from the general fund to the department of state as necessary for the department of state to pay county clerk and recorders for the costs related to complying with the requirements of the bill.

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

Fiscal Note

The act prohibits a person from openly carrying a firearm within any polling location or central count facility, or within 100 feet of a ballot drop box or any building in which a polling location or central count facility is located, while an election or any related ongoing election administration activity is in progress. The designated election official responsible for any central count facility, polling location, or drop box involved in that election cycle shall visibly place a sign notifying persons of the 100-foot no open carry zone for firearms.

Exceptions are made for persons who own private property within the 100-foot buffer zone to carry a firearm on the private property; peace officers acting within the scope and authority of their duties to carry a firearm; and uniformed security guards employed by a contract security agency acting within the scope of the authority granted by and in the performance of a contractual agreement for the provision of security services with a person or entity that owns or controls the facility, building, or location.

Openly carrying a firearm inside or within 100 feet of a polling location, central count facility, or drop box is a misdemeanor, punishable by a maximum $1,000 fine, up to 364 days imprisonment in the county jail, or both; except that, for a first offense, the fine shall not exceed $250 and the sentence of imprisonment shall not exceed 120 days.

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

Fiscal Note

Under current law, a child is neglected or dependent if the child's environment is injurious to the child's health or welfare. The act clarifies that a child is not neglected when allowed to participate in certain independent activities that a reasonable and prudent parent, guardian, or legal custodian would consider safe given the child's maturity, condition, and abilities.

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

Fiscal Note

Beginning January 1, 2023, the bill grants a survivor of torture who is receiving care and rehabilitation services from a rehabilitative service provider eligibility for medical assistance without federal financial participation.

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

Fiscal Note

The bill modifies the relationship between a physician assistant and a physician or podiatrist by removing the requirement that a physician assistant be supervised by a physician or podiatrist. Instead:

• A physician assistant who has completed fewer than 3,000 hours of post-graduate clinical practice experience or who is beginning practice in a new specialty must enter into a collaborative plan with a physician; and
• A physician assistant who has completed fewer than 3,000 hours of post-graduate clinical practice must enter into a collaborative plan with a podiatrist before practicing podiatry.

A physician assistant who has completed 3,000 or more practice hours or, for a physician assistant practicing a new specialty, has completed 2,000 practice hours in the new specialty and at least 3,000 total practice hours, is no longer required to maintain a collaborative plan and is instead required to consult with and refer to appropriate members of the physician assistant's health-care team based on a patient's condition; the physician assistant's education, experience, and competencies; and the standard of care. The bill specifies the requirements of the collaborative plan.

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

Fiscal Note

With certain exceptions, current law prohibits a concealed carry permit holder from carrying a concealed handgun on public elementary, middle, junior high, or high school grounds. The bill removes this limitation. The bill prohibits a local government from prohibiting carrying a concealed handgun on school grounds by a person who has a valid concealed carry permit.

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

Fiscal Note

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.)

Fiscal Note

For 5 income tax years beginning in 2022, the bill creates a refundable state income tax credit for a Colorado teacher or classroom paraprofessional (eligible educator) for their classroom expenses. An eligible educator cannot claim the credit for an expense that the educator claims as a federal educator expense deduction for purposes of the educator's federal income tax, and the maximum amount of the credit per income tax year is $500.
(Note: This summary applies to this bill as introduced.)

Fiscal Note

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.)

Fiscal Note

Under current law, juveniles who are 10 years of age and older can be prosecuted in juvenile court. The act requires the state department of human services to establish a pre-adolescent services task force to examine gaps in services for juveniles who are 10 years of age or older but under 13 years of age, if any, that would be created if the minimum age of prosecution of juveniles is increased from 10 years of age to 13 years of age, and to make recommendations for addressing any gaps in services identified. The task force shall create a report containing its recommendations made by December 30, 2022, and provide that report to the judiciary committees of the house of representatives and the senate, and to the public and behavioral health and human services committee of the house of representatives and the health and human services committee of the senate, or any successor committees.

For the 2022-23 fiscal year, the act appropriates $105,000 from the general fund to the state department of human services for use by the division of child welfare.

For the 2022-23 fiscal year, the act appropriates $9,433 from the general fund to the legislative department for use by the general assembly for per diem and travel expenses.

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

Fiscal Note

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.)

Fiscal Note

The bill requires a 5-minute high-definition ultrasound video demonstration showing each stage of human development as a requirement of comprehensive human sexuality education.

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

Fiscal Note

Whenever a child is conceived or born as a result of an assisted reproduction procedure (procedure) and the person who did not give birth is a parent or a presumed parent, the act allows the parents to complete an adoption of the child to affirm parentage. In such an instance, both parents must join the adoption petition as petitioners.

The act details what must be included on a form for adoption or a voluntary acknowledgment of parentage to acknowledge parentage of the child, as well as jurisdictional requirements and options. The act clarifies the requirements for parentage when a child is conceived through a procedure, including that the donor of gametes used in the procedure is not considered a parent, unless the gamete donor is a spouse or civil union partner of the person who gives birth to the child.

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

Fiscal Note

The act repeals the requirement that an institution of higher education (institution) must classify a student, other than a nonimmigrant alien, as an in-state student for tuition purposes if the student has attended a Colorado high school for 3 years and been admitted to college within 12 months of graduating or completing an equivalency examination. Instead, the act requires an institution to classify a student as an in-state student for tuition purposes if the student:

• Either attended a public or private high school for one year immediately preceding the date the student graduated from a Colorado high school or was physically present in Colorado for at least one year immediately preceding the date the student successfully completed a high school equivalency examination in Colorado; and
• Has been physically present in Colorado for at least 12 consecutive months prior to enrolling in an institution.

The act clarifies that a student who is classified as an in-state student because the student meets the requirements in the act is an in-state student for the purposes of determining whether an institution meets the minimum required percentage of in-state students in an incoming freshman class.

Because the act repeals the requirement to be admitted to college within 12 months of graduation, the act also repeals the exception to that requirement for a student who does not have lawful immigration status and graduated or successfully completed the equivalency examination prior to September 1, 2013.

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

Fiscal Note

Under current law, sexual assault can be committed by means of sexual intrusion or penetration when the actor causes submission of the victim by means sufficient to cause submission against the victim's will. The act changes that element to when the actor causes sexual intrusion or sexual penetration knowing the victim does not consent.

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

Fiscal Note

The act extends the date by which the department of health care policy and financing shall administer the reproductive health-care program from January 1, 2022, to July 1, 2022.

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

Fiscal Note

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.)

Fiscal Note

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.)

Fiscal Note

Beginning in 2024, the act requires the department of higher education (department) to submit, as a part of its annual "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing, data related to postsecondary outcomes for students with a disability. The department shall gather the data in collaboration with institutions of higher education (institutions).

The act creates the postsecondary services advisory committee (committee) in the department for the purpose of making recommendations to institutions and the general assembly concerning necessary services and best practices to improve successful outcomes for students with disabilities at institutions. The committee is required to complete and submit a report to the education committees of the house of representatives and the senate by June 15, 2023, and June 14, 2024. The committee is repealed on June 30, 2024.

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

Fiscal Note

The act allows the state board of human services (state board) to utilize eligibility processes from other public assistance or entitlement programs when promulgating rules for redetermining and verifying eligibility for the Colorado works program (works program).

When determining income requirements for the works program, the act requires the department of human services (state department) to use an income conversion ratio for converting weekly and biweekly income to a monthly amount using the lowest ratio or methodology that results in the lowest monthly income amount allowable under federal law.

Current law prohibits a person convicted of a drug-related felony offense from being eligible for assistance under the works program unless the person is determined by a county department of human or social services (county department) to have taken action toward rehabilitation. The act removes the ban on eligibility.

No later than July 1, 2023, the act requires the state board to promulgate rules establishing statewide standards and procedures that require counties to:

• Offer an extension beyond the 60-month lifetime maximum for all households that demonstrate good cause, which includes, but is not limited to, an applicant or participant who is a child-only case, the head of a single parent household and has a child under one year of age, or experiencing hardship; and
• Inform and not penalize any applicant or household that demonstrates good cause for an exemption from work requirements which includes, but is not limited to, an applicant or participant who is the head of a single-parent household and has a child under one year of age or is experiencing hardship.

The act requires the state department to annually review and promulgate rules as necessary to update the standard of need to ensure the standard of need is equitable, promotes economic mobility and self-sufficiency, and reflects the current economic status of the state.

Current law requires the state department to ensure the amount of a basic cash assistance grant that an applicant or participant receives is equal to or exceeds 102% of the need standard for a participant in a similarly sized household on January 1, 2008. For the state fiscal year commencing July 1, 2022, the act requires the amount of the basic cash assistance grant to equal or exceed 100% of the basic cash assistance in 2021, plus 10%. For the state fiscal year commencing July 1, 2024, and each state fiscal year thereafter, the act requires the amount of the basic cash assistance grant to equal or exceed the amount of basic cash assistance for the previous state fiscal year plus a 2% cost of living adjustment or a cost of living adjustment that is equal to the average of the federal social security administration's cost of living adjustment for that fiscal year plus the previous 2 fiscal years, whichever is greater.

On July 1, 2022, the act requires the state treasurer to transfer $21.5 million from the economic recovery and relief cash fund (cash fund) to the Colorado long-term works reserve to cover any increase in basic cash assistance above the amount of basic cash assistance in state fiscal year 2021-22. Beginning in state fiscal year 2023-24, and each state fiscal year thereafter, the act requires the state department to first expend any money remaining that is transferred to the Colorado long-term works reserve from the cash fund. The state department shall then expend money in an amount equal to one-third of the amount necessary to cover any such increase from available "Temporary Assistance for Needy Families" (TANF) funds, and an amount equal to two-thirds of the amount necessary to cover any such increase that the general assembly appropriates to the state department from the state general fund or any other available fund.

If the total statewide county TANF reserve falls below 15% of the county block grant amount, the act requires the general assembly to appropriate money from the Colorado long-term works reserve to the county block grant until the balance of the total statewide TANF reserve exceeds 15% or until the Colorado long-term works reserve falls below 25% of the state block grant amount. If the Colorado long-term works reserve falls below 25%, of the state block grant amount and the total statewide county TANF reserve exceeds 15% of the county block grant amount, the act requires counties to fund the TANF program from available TANF funds until the total statewide county TANF reserve falls below 15% of the county block grant amount.

The act strongly encourages a county department to contact each participant using each method of communication provided by the participant in order to conduct exit and follow-up interviews upon case closure. The act expands the purpose of the exit and follow-up interviews to include evaluating the participant's experience with the works program, how well the program met the participant's needs and assisted the participant in meeting the participant's goals, and informing the state department of any changes to rules that are needed to improve the participant's experience.

Beginning January 2023, and each January thereafter, the state department is required to submit a report to the general assembly on the effectiveness of the works program.

Current law requires the state board to promulgate rules that require a percentage reduction in the basic cash assistance grant upon the imposition of a sanction affecting the grant, with the percentage to be specified in the rules but not to be less than 25%. The act requires the percentage not to exceed one dollar.

The act requires the works allocation committee to review, at least quarterly, the balance of the Colorado long-term works reserve, the balance of the total statewide county TANF reserve, and the amount of basic cash assistance grants provided to participants to monitor whether the reserves will fall below specified amounts.

The act authorizes a county department that is projected to exhaust all money available in the county's TANF reserve and faces a local or statewide natural disaster or other emergency to request money from the county block grant support fund.

No later than September 30, 2022, the act requires the state department to develop an outreach and engagement plan to promote access to the works program for eligible persons.

The act appropriates:

• $3,500,00 from the economic recovery and relief cash fund to the department of human services for use by the office of economic security;
• $9,849,303 from the Colorado long-term works reserve to the department of human services; and
• $1,066,400 to the office of the governor for use by the office of information technology.
  (Note: This summary applies to this bill as enacted.)

Fiscal Note

The act declares that every individual has a fundamental right to use or refuse contraception; every pregnant individual has a fundamental right to continue the pregnancy and give birth or to have an abortion; and a fertilized egg, embryo, or fetus does not have independent or derivative rights under the laws of the state.

The act prohibits state and local public entities from:

• Denying, restricting, interfering with, or discriminating against an individual's fundamental right to use or refuse contraception or to continue a pregnancy and give birth or to have an abortion in the regulation or provision of benefits, services, information, or facilities; and
• Depriving, through prosecution, punishment, or other means, an individual of the individual's right to act or refrain from acting during the individual's own pregnancy based on the potential, actual, or perceived impact on the pregnancy, the pregnancy's outcomes, or on the pregnant individual's health.
  (Note: This summary applies to this bill as enacted.)

Fiscal Note

The act changes current state law to align with the federal "No Surprises Act" (federal act) by:

• Allowing a covered person who requests an independent external review of a health-care coverage decision to request a review to determine if the services that were provided or may be provided by an out-of-network provider or facility are subject to an in-network benefit level of coverage;
• Requiring that payments made for health-care services provided at an in-network facility or by an out-of-network provider be applied to the covered person's in-network deductible and any out-of-pocket maximum amounts as if the services were provided by an in-network provider;
• Requiring that emergency health-care services, regardless of the facility at which they are provided, be covered at the in-network benefit level;
• Requiring each health insurance carrier (carrier) to cover post-stabilization services to stabilize a patient after a medical emergency at the in-network benefit level;
• Requiring carriers to develop disclosures to provide to covered persons that comply with the act;
• Requiring the commissioner of insurance (commissioner) and certain regulators of health-care occupations to adopt rules concerning disclosure requirements, including a list of ancillary services for which a provider or facility cannot charge a balance bill;
• Requiring the commissioner to convene a work group to facilitate and streamline the implementation of the payment of claims for services provided by an out-of-network provider at an in-network facility and for services surrounding a medical emergency;
• Prohibiting a carrier from recalculating a covered person's cost-sharing amount based on an additional payment made as a result of arbitration;
• Requiring the parties to an arbitration over health-care coverage to split the costs of the arbitrator if the parties reach an agreement before the final decision of the arbitrator;
• Authorizing the commissioner to promulgate rules to implement the requirements of the act, including rules necessary to implement the requirements of the federal act;
• Changing the amount of time that a managed care plan must allow a person to continue to receive care from a provider from 60 after the date an in-network provider is terminated from a plan without cause to up to 90 days after a carrier provides notice that the contract is terminated;
• Implementing specific requirements for health-care coverage and services for covered persons who are continuing care patients of a provider or facility whose contract with the patient's health insurer is terminated;
• Authorizing the regulator of health-care providers, in consultation with the commissioner, to adopt rules concerning consumer disclosures;
• Allowing an out-of-network provider and an out-of-network facility to charge a covered person a balance bill for health-care services other than ancillary services if the out-of-network provider complies with specific notice requirements and obtains the covered person's signed consent; and
• Requiring a carrier offering an individual health benefit plan or short-term limited duration health insurance policy to make consumer disclosures.

The act changes from January 1 to March 1 the date by which a carrier is required to submit information to the commissioner concerning the use of out-of-network providers and out-of-network facilities and the impact on health insurance premiums for consumers.

$233,018 is appropriated from the division of insurance cash fund to the department of regulatory agencies for use in the 2022-23 state fiscal year for personal services, operating expenses, and to purchase legal services, and of that amount, $88,713 is reappropriated to the department of law to provide legal services for the department of regulatory agencies.

$7,506 is appropriated from the health facilities general licensure cash fund to the department of public health and environment for use in the 2022-23 state fiscal year by health facilities and emergency medical services division to implement the act.

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

Fiscal Note

The act amends the "Mobile Home Park Act" and the "Mobile Home Park Act Dispute Resolution and Enforcement Program" to:

• Require the landlord or the landlord's representative to attend up to 2 public meetings for residents of the park each year at the request of the residents;
• Clarify that a landlord is responsible for the cost of repairing any damage to a mobile home or lot that results from the landlord's failure to maintain the premises of the park;
• Clarify the triggering events that demonstrate a park owner's intent to sell a park for purposes of providing notice to home owners and the method for giving notice;
• Change the period in which a group or association of mobile home owners may make an offer to purchase the park from 90 to 180 days, and provide for tolling of that time period in certain circumstances;
• Provide a right of first refusal for a public entity that accepts an assignment of a group or association of mobile home owners' opportunity to purchase;
• Clarify the obligations of a landlord to provide notice to home owners concerning the terms and conditions of an offer to purchase the park that the landlord would accept and to negotiate in good faith with the home owners;
• Require a landlord who changes the use of the land comprising the park to compensate a mobile home owner who has not given notice to terminate the lease or rental agreement and who is displaced by the change in use for the reasonable costs of relocating the mobile home to a location within 100 miles of the park, the fair market value of the mobile home before the change in use, or in the amount of $7,500 for a single-section mobile home or $10,000 for a multi-section mobile home;
• Allow the department to enforce statutory provisions concerning the required notice of intent to sell or change the use of the land and the mobile home owners' opportunity to purchase by imposing a fine for a violation or filing for injunctive relief in district court;
• Allow the attorney general to investigate and enforce statutory provisions providing protections for mobile home owners;
• Clarify the procedures and penalties that apply when a party does not respond to a subpoena from the division;
• Allow the division to take immediate action in response to complaints or violations that will cause immediate harm to mobile home owners;
• Prohibit landlords from harassing or coercing mobile home owners in an effort to require a mobile owner to sign an agreement or to influence a decision by the home owner about an opportunity to purchase;
• Establish criteria for when a mobile home park rule or regulation that limits a home owner's right to control the use, appearance, and structure of a mobile home is enforceable;
• Prohibit a landlord from interfering with the mobile home owner's right to sell a mobile home to the buyer of his or her choice, except in limited circumstances;
• Establish record retention requirements for landlords; and
• Consolidate provisions concerning private rights of action for landlords, home owners, and residents, and establish penalties and remedies available in private actions.
  (Note: This summary applies to this bill as enacted.)

Fiscal Note

The act grants immunity from the charge of prostitution, soliciting for prostitution, or prostitute making display or an equivalent municipal offense (prostitution offense) to a person who seeks assistance from a law enforcement officer, the 911 system, or a medical provider for a victim or as a victim of a violent crime or offense (crime) if the evidence for the charge of a prostitution offense was obtained as a result of the person seeking assistance or as a result of the need for assistance. A person who receives immunity for a prostitution offense is not immune from prosecution for other offenses, and a district attorney or law enforcement officer may obtain or use evidence obtained from a report, recording, or other statement provided as a result of the initial prostitution offense to prosecute any other offense.

For the purposes of the act, "person" is defined as the victim of a crime, a person who is a victim of human trafficking for sexual servitude, or a witness to a crime. The act sets forth the applicable violent crimes or offenses.

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

Fiscal Note

The act makes the following changes to health insurance coverage for low-income pregnant people and children in low-income families:

• Provides full health insurance coverage for Colorado pregnant people who would be eligible for medicaid and the children's basic health plan (CHIP) if not for their immigration status and continues that coverage for 12 months postpartum at the CHIP federal matching rate;
• Provides comprehensive health insurance coverage for all Colorado children who would be eligible for medicaid and CHIP if not for their immigration status;
• Requires the state department of health care policy and financing (department) to create an outreach and enrollment strategy for enrolling eligible groups into new coverage options;
• Requires the department to report to the joint budget committee in its 2024 presentation, as well as in its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" reports, beginning in January 2026, information concerning the state-funded health and medical care program, the state children's basic health plan, and its plans and progress in implementing the coverage expansion for lawfully residing persons;
• Allows the state controller to allow the department to make an expenditure in excess of the amount authorized if the amount is for the state medical assistance program or the state children's basic health plan;
• Provides comprehensive lactation support services, lactation supplies and equipment, and maintenance of multi-use loaned equipment. Removes the annual enrollment fee for a family whose income is at or below one hundred fifty percent of the federal poverty line or an enrollee who is a pregnant person.
• Draws down federal funds to improve perinatal and postpartum support and requires that priorities for the funds be determined through a stakeholder process;
• Creates a special enrollment period for health insurance coverage due to pregnancy so that an eligible person can sign up for insurance as soon as the person becomes pregnant; and
• Improves the quality of health insurance coverage available through the health insurance affordability enterprise.

For the 2022-23 state fiscal year, the following appropriations are made for the purpose of implementing this act:

• $730,573 is appropriated to the department of health care policy and financing from the general fund;
• $423,626 is appropriated to the department of public health and environment from the general fund for use by the center for health and environmental information;
• The 2022 long bill cash funds appropriation from the children's basic health plan trust for children's basic health plan medical and dental costs was decreased by $340,727;
• The 2022 long bill cash funds appropriation from the healthcare affordability and sustainability fee cash fund for children's basic health plan medical and dental costs was decreased by $564,678;
• The 2022 long bill appropriation to the department of health care policy and financing from the general fund for children's basic health plan medical and dental costs was increased by $144,229; and
• The 2022 long bill was adjusted as a result of an assumption by the general assembly that the department of health care policy and financing will receive $761,176 in federal funds for children's basic health plan medical and dental costs to implement this act.
  (Note: This summary applies to this bill as enacted.)

Fiscal Note

The act prohibits the department of health care policy and financing (state department) from requiring prior authorization for any repair of complex rehabilitation technology (CRT).

No later than October 1, 2023, the act requires the medical services board to promulgate rules establishing repair metrics for all CRT suppliers and CRT professionals. Prior to promulgating rules, the act requires the state department to engage in a stakeholder process. Beginning January 2024, the act requires the state department to report on the metrics and compliance with the metrics.

Beginning 3 years after the date the repair metric rules are established, the act authorizes the state department to engage in a stakeholder process to determine the need for additional accountability of a qualified CRT supplier through penalties, audits, or similar tools, for violations of the metric rules.

Beginning December 1, 2024, the act requires the state department to reimburse labor costs at a rate that is 25% higher for clients residing in rural areas than urban areas.

The act appropriates $112,668 from the general fund to department of health care policy and financing to implement the act.

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

Fiscal Note

The act allows a board of county commissioners (board) to adopt a local resolution or ordinance to establish business licensure requirements to regulate massage facilities for the sole purpose of deterring illicit massage businesses and preventing human trafficking. If a board adopts a resolution or ordinance to establish business licensure requirements, the board may only include the business licensure requirements outlined in the act. The act allows the board to charge an administrative licensure fee for a massage facility.

The act allows a board to adopt a resolution or ordinance to regulate and prohibit activities to prevent the operation of illicit massage businesses that engage in human trafficking-related offenses.

If a municipality adopts a resolution or ordinance to license a massage facility or prohibit activities to prevent the operation of illicit massage businesses that engage in human trafficking-related offenses, the act requires municipal police departments to conduct background checks on the applicant's or licensee's criminal history and provide the municipality information to determine whether the applicant or licensee is approved or denied for a license based on the criminal history record information.

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

Fiscal Note

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.)

Fiscal Note

The act allows a hospital employee or agent to dispense a 7-day to 28-day supply of drugs for prophylaxis of sexually transmitted infections to an emergency room patient who is a victim of sexual assault.

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

Fiscal Note

Current law declares that a covenant not to compete that restricts the right of any person to receive compensation for performance of labor for any employer is void, with certain exceptions. The act adds exceptions for:

• A covenant not to compete governing a person who, at the time the covenant not to compete is entered into and at the time it is enforced, earns an amount of annualized cash compensation equivalent to or greater than the threshold amount for highly compensated workers, if the covenant not to compete is for the protection of trade secrets and is no broader than is reasonably necessary to protect the employer's legitimate interest in protecting trade secrets; and
• A covenant not to solicit customers governing a person who, at the time the covenant is entered into and at the time it is enforced, earns an amount of annualized cash compensation equivalent to or greater than sixty percent of the threshold amount for highly compensated workers if the nonsolicitation covenant is no broader than reasonably necessary to protect the employer's legitimate interest in protecting trade secrets.

Additionally, if the employer provides proper notice of the covenant not to compete to the worker or prospective worker, the following covenants are not prohibited:

• A provision providing for recovery of the expense of educating and training a worker where the training is distinct from normal, on-the-job training, the employer's recovery is limited to the reasonable costs of the training and decreases over the course of the two years subsequent to the training proportionately based on the number of months that have passed since the completion of the training, and recovery for the costs of the training would not violate federal law;
• A reasonable confidentiality provision relevant to the employer's business that does not prohibit disclosure of information that arises from the worker's general training, knowledge, skill, or experience, whether gained on the job or otherwise, information that is readily ascertainable to the public, or information that a worker otherwise has a right to disclose as legally protected conduct;
• A covenant for the purchase and sale of a business or the assets of a business; or
• A provision requiring the repayment of a scholarship provided to an individual working in an apprenticeship if the individual fails to comply with the conditions of the scholarship agreement.

The act prohibits an employer from entering into, presenting to a worker or prospective worker as a term of employment, or attempting to enforce any covenant not to compete that is void under the act. An employer who violates this provision is subject to a penalty of $5,000 for each worker or prospective worker, injunctive relief, and actual damages. In a private right of action, an employer may also be required to pay reasonable costs and attorney fees.

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

Fiscal Note

The bill makes the unlawful possession of any material, compound, mixture, or preparation that weighs more than 4 grams and contains any amount of fentanyl, carfentanal, or an analog thereof a level 4 drug felony.

The bill creates an exemption to the unlawful possession of a controlled substance offense for employees, agents, or volunteers of certain agencies who are in possession of the controlled substance, including fentanyl, carfentanal, or an analog thereof, for the purpose of safe disposal of the controlled substance.

The bill makes the unlawful distribution, manufacturing, dispensing, or sale of a material, compound, mixture, or preparation containing fentanyl, carfentanal, or an analog thereof:

• A level 1 drug felony if it weighs more than 50 grams;
• A level 2 drug felony if it weighs more than 4 grams, but not more than 50 grams; and
• A level 3 drug felony if it weighs not more than 4 grams.

The bill makes it a level 1 drug felony if the defendant unlawfully distributed, manufactured, dispensed, or sold a material, compound, mixture, or preparation containing fentanyl, carfentanal, or an analog thereof, and a person died as a proximate cause of using or consuming it.

The bill makes a defendant a special offender, making them subject to a level 1 drug felony, if:

• The defendant introduced or imported into Colorado any material, compound, mixture, or preparation that weighs more than 4 grams and contains fentanyl or carfentanal; or
• The defendant unlawfully distributed, manufactured, dispensed, or sold a material, compound, mixture, or preparation containing fentanyl or carfentanal, and the defendant possessed pill or tablet manufacturing equipment with the intent to use the equipment in the manufacture of a controlled substance.

For certain offenses, the bill requires a court to order placement in a residential treatment facility for treatment of an addiction that includes fentanyl, carfentanal, or an analog thereof as a condition of probation if recommended pursuant to a substance abuse assessment. Furthermore, for certain offenses, a court is required to order a fentanyl education class, which is developed by the office of behavioral health.

The bill expands the list of eligible entities that are eligible for standing orders to receive opiate antagonists.

The bill creates immunity from civil liability for certain persons who or entities that act in good faith to furnish a non-laboratory synthetic opiate detection test to another person.

The bill requires a jail, upon release, to provide opiate antagonists and prescribe medication for an opiate use disorder to certain persons.

The bill requires community corrections programs to assess individuals residing in the programs for substance use withdrawal symptoms and develop protocols for medical detoxification monitoring, medication-assisted treatment, and other appropriate withdrawal management care.

The bill permits the correctional treatment board to direct money in the correctional treatment cash fund for drug overdose prevention, opiate antagonists, and non-laboratory synthetic opiate detection tests.

The bill permits a school district board of education, the charter school institute, or governing board of a nonpublic school to adopt and implement a policy to permit a school to acquire and maintain non-laboratory synthetic opiate detection tests and furnish them on school grounds.

For the 2022-23 fiscal year, the bill requires the appropriation of $20 million from the behavioral and mental health cash fund to the opiate antagonist bulk purchase fund.

For the 2022-23 fiscal year, the bill requires the appropriation of $300,000 to the department of public health and environment for the purchase and distribution of non-laboratory synthetic opiate detection tests to eligible entities.

The bill requires the department of public health and environment to develop and implement a statewide fentanyl prevention and education campaign.

The bill expands the types of entities that are eligible for a harm reduction grant and the permissible uses of the grant funds. For the 2022-23 fiscal year, the bill requires the appropriation of $6 million from the behavioral and mental health cash fund to the harm reduction grant program cash fund.

The bill requires a jail that receives funding through the jail-based behavioral health services program to develop protocols for medication-assisted treatment and withdrawal management care and develop and implement a policy that describes the provision of medication-assisted treatment to individuals upon release. For the 2022-23 fiscal year, the bill requires the appropriation of $3 million from the behavioral and mental health cash fund for these purposes.

The bill requires each managed service organization to evaluate current supply and necessary demand within its region for certain harm reduction and treatment services and report their findings to the general assembly.

The bill requires the legislative services agencies of the general assembly to perform a post-enactment review of certain criminal provisions 3 years following the act becoming law.

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

Fiscal Note

The act enacts the "Perfluoroalkyl and Polyfluoroalkyl Chemicals Consumer Protection Act" to establish a regulatory scheme that prohibits the sale or distribution of certain products that contain intentionally added perfluoroalkyl and polyfluoroalkyl chemicals (PFAS chemicals).

On and after January 1, 2024, a person shall not sell or distribute in the state any products in the following product categories if the products contain intentionally added PFAS chemicals:

• Carpets or rugs;
• Fabric treatments;
• Food packaging;
• Juvenile products; and
• Oil and gas products.

On and after January 1, 2024, a manufacturer of cookware sold in the state that contains intentionally added PFAS chemicals in the handle of the product or in any product surface that comes into contact with food, foodstuffs, or beverages is required to:

• List the presence of PFAS chemicals on the product label of the cookware; and
• Include a statement on the product label of the cookware that directs the consumer to a website with information about why PFAS chemicals were intentionally added to the product.

On and after January 1, 2024, a manufacturer of cookware is prohibited from making a statement that the cookware is free of PFAS chemicals unless no individual PFAS chemical is intentionally added to the cookware.

On and after January 1, 2025, a person shall not sell or distribute in the state any products in the following product categories if the products contain intentionally added PFAS chemicals:

• Cosmetics;
• Indoor textile furnishings; and
• Indoor upholstered furniture.

On and after January 1, 2027, a person shall not sell or distribute in the state any products in the following product categories if the products contain intentionally added PFAS chemicals:

• Outdoor textile furnishings; and
• Outdoor upholstered furniture.

The act includes products that do not contain intentionally added PFAS chemicals in the definition of "environmentally preferable products" for the purposes of state agency procurement.

The act also:

• Requires a person that uses class B firefighting foam that contains intentionally added PFAS chemicals (firefighting foam) to prohibit a release of the firefighting foam into the environment, fully contain the firefighting foam during its use, safely store the firefighting foam, and report certain information to the water quality spills hotline within 24 hours if there is a release of the firefighting foam into the environment;
• Requires a person that uses firefighting foam to report its use to the water quality spills hotline within 24 hours after the use;
• Authorizes the attorney general to enforce laws regulating firefighting foams that contain PFAS chemicals; and
• Extends to January 1, 2024, the effective date of an existing restriction on the use of firefighting foam that contains intentionally added PFAS chemicals at certain airports.
  (Note: This summary applies to this bill as enacted.)

Fiscal Note

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.)

Fiscal Note

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.)

Fiscal Note

The food pantry assistance grant program is set to repeal on June 30, 2023. The act extends the food pantry assistance grant program through July 1, 2024.

For the 2022-23 state fiscal year, the act appropriates $3 million from the general fund to be used for the purchase of Colorado agricultural products and agricultural products that hold cultural significance for indigenous first nations people, or for other cultures or subcultural groups, including the ways in which those agricultural products are produced.

The act allows up to $100,000 annually of the appropriation to be used to hire a nonprofit entity to provide technical assistance to a grant recipient to train food pantries and assist in the location and purchase of Colorado agricultural products.

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

Fiscal Note

The act changes the deadline to appoint nonlegislative members to the Colorado youth advisory council (council) and removes the requirement that nonlegislative members be selected by a majority vote of the council.

The act repeals the requirement to appoint council co-chairs and vice-chairs, requires the council to adopt written bylaws setting forth a leadership structure for the council, and clarifies that the council can elect members to serve in any leadership position described in its bylaws. The act requires that 2 of the council's 4 meetings each year be held in person.

The act changes the council's annual reporting requirement so that the council reports to the Colorado youth advisory council review committee (review committee) during the interim. The act requires the chair of the review committee and the chair of the legislative council to sign council contracts and requires the president of the senate and the speaker of the house of representatives to appoint the chair and vice-chair of the review committee on an annually alternating basis.

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

Fiscal Note

Under existing law, the court reminder program (program) provides reminders to criminal defendants and juveniles who have been alleged to have committed a delinquent act (collectively, "defendants") to appear at each of their scheduled court appearances.

The act requires every defendant to be automatically enrolled in the program and allows a defendant to opt out of the program. The act clarifies that defendants alleged to have committed traffic offenses are enrolled in the program. The program must use the best contact information available to the courts and provide at least 3 reminders, including one reminder the day before the court appearance. For court appearances that can be attended virtually, the final reminder must include a link to the virtual court appearance. The program must send reminders by text message, but may use another method if a defendant is unable to receive text messages.

The program is required to track the number of defendants that opt out of the program and to implement or recommend changes to improve participation. The judicial department is required to report information regarding reminders sent by methods other than text message.

The act requires the state court administrator to convene a working group to study best practices in court reminders, assess the effectiveness of the program, and recommend appropriate changes to the program to the state court administrator. In its annual State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act hearing, the judicial department is required to present the recommendations made by the working group, whether the recommendations were implemented, and the rationale for implementing or rejecting any recommendation.

Because defendants are automatically enrolled in the program, the act repeals provisions related to notifying defendants of the opportunity to enroll in the program.

The act appropriates $74,713 to the judicial department from the general fund to implement the act.

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

Fiscal Note

The act permits an attorney to access a suppressed court record related to an eviction proceeding, with permission of a party included in the record, for the purpose of:

• Providing legal advice to, or evaluating whether to enter an appearance on behalf of, the party included in the record; or
• Evaluating whether the matter is suitable for mediation or in preparation for a mediation between the parties included in the court record.
  (Note: This summary applies to this bill as enacted.)

Fiscal Note

The bill prohibits a law enforcement officer or an agent who assists, cooperates with, or otherwise facilitates a custodial interrogation ( interrogation) with a juvenile (law enforcement official) from using deception and false facts or beliefs (deception) to obtain a statement or admission from the juvenile. Any statement or admission obtained during the course of a juvenile custodial interrogation in which a law enforcement official knowingly uses deception is presumptively inadmissible against the juvenile in an evidentiary hearing unless the prosecution proves by clear and convincing evidence that the statement or admission was made voluntarily.

The bill requires law enforcement officials to electronically record all juvenile custodial interrogations.The bill instructs the P.O.S.T. board to develop an in-person interactive training program for peace officers on the uniform standards regarding interrogations of juveniles. The training must provide education for peace officers on juvenile development and culture and its impact on interrogations; interpreting juvenile behavior during an interrogation; techniques for building and establishing rapport during an interrogation; constructing age appropriate questions; and cautions and considerations for interrogating juveniles in custody.

(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.)

Fiscal Note

The act makes changes to the Tony Grampsas youth services program (program). The act eliminates state agencies and state-operated programs from the list of entities that can apply for a grant to participate in the program and changes the definition of "entity" to ensure compliance with federal case law.

The act adds prevention services to the services provided for youth and their families through community-based programming, including services for reducing crime and violence, abuse and neglect, drug and alcohol use, and school dropouts.

The act changes certain criteria for adult and youth members to be appointed to the Tony Grampsas youth services board and requires the grant application process for participating in the program to identify and prioritize funding programs that meet a need in the community.

The act requires entities that provide evidence-informed services for the youth mentoring services program to meet certain criteria.

The act specifies for entities providing services for the Colorado student before-and-after-school project that the services may include alcohol, tobacco, and other drug use intervention, prevention, and education components.

The act requires unexpended and unencumbered money remaining in the funds that support the program at the end of a state fiscal year to remain in the funds and available for expenditure by the state department in the following state fiscal year without further appropriations to the funds.

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

Fiscal Note

The act requires the division of insurance (division), on or before November 1, 2022, to retain by contract one or more entities that have experience in actuarial reviews, health-care policy, and health equity (contractors) for the purpose of performing actuarial reviews of legislative proposals that may impose a new health benefit coverage mandate on health benefit plans or reduce or eliminate coverage mandated under health benefit plans. The contractors, under the direction of the division, shall conduct an actuarial review of up to 6 such legislative proposals for each regular legislative session as follows:

• Up to 2 members of the majority party of the house of representatives may submit a request for an actuarial review;
• One member of the minority party of the house of representatives may submit up to one request for an actuarial review;
• Up to two members of the majority party of the senate may submit a request for an actuarial review; and
• One member of the minority party of the senate may submit up to one request for an actuarial review.

Each actuarial review performed by the contractors must consider the predicted effects of the legislative proposal during the 5 and 10 years immediately following the effective date of the proposed legislation, or during another time period following the effective date if such consideration is more actuarially feasible, including specifically described considerations.

A request for an actuarial review and the final report resulting from such a request must be treated as confidential except by the member of the general assembly who made the request until the legislative proposal that is the subject of the actuarial review is introduced in the regular legislative session following the submission of the request for the actuarial review or, if no such legislative proposal is introduced, until after the end of the legislative session following the submission of the request.

The division may not engage any contractor to perform an actuarial review unless the division determines that there are adequate resources available within existing appropriations to compensate the contractor for the actuarial review.

In preparing a fiscal note for any legislative proposal that may impose a new health benefit mandate on health benefit plans, the legislative service agency charged with preparing the fiscal note shall include a statement that a report has been prepared by the contractors for the legislative proposal and an indication of how the report may be obtained in its entirety.

The act is repealed, effective November 1, 2027.

For the 2022-23 state fiscal year, the act appropriates $100,000 from the division of insurance cash fund to the department of regulatory agencies for use by the division of insurance as follows:

• $50,000 for personal services; and
• $50,000 for operating expenses.
  (Note: This summary applies to this bill as enacted.)

Fiscal Note

The act updates the "Victim Rights Act" (act). The purpose of the act is to ensure all victims of crimes are protected by law enforcement agencies, prosecutors, and judges.

The act updates include:

• Allowing a victim or the victim's designees to appear in court proceedings in person, by phone, or virtually by audio or video, or similar technology;
• Establishing for victims the right to receive a free copy of the initial incident report from the investigating law enforcement agency that includes, at a minimum, the victim's name, the offender's name, the date of the crime, the charges, and a summary of the incident. The investigating law enforcement agency is required to notify the district attorney of the information the victim received in the incident report and when it was provided to the victim. The district attorney is required to provide this information to any defendant involved in the case through the discovery process.
• Requiring defendants to attend sentencing hearings in person, by phone, or virtually by audio or video, or similar technology, to hear the victim's impact statement, unless the court excludes the defendant;
• Clarifying that the prosecutor shall explain the defendant's sentencing terms to the victim;
• Requiring the court to provide the victim or the victim's designee with translation or interpretation services as needed during all critical stages of the hearing;
• Requiring a court to order a bond hearing in any case that falls under the act;
• Clarifying that a designee or designees may represent the interests of a victim who is deceased or incapacitated;
• Clarifying that a party issuing a subpoena pursuant to Rule 17 of the Colorado rules of criminal procedure for the production of a victim's privileged records or a subpoena requesting a victim's compensation records shall file specific information with the court and serve that information to any opposing party; and
• Clarifying that the court shall quash any subpoena and not receive any records protected by privilege, unless the court finds, based on evidence, that the victim expressly or impliedly waived the statutory privilege. The act outlines when the court shall determine whether to receive and release any records relating to the victim.
  (Note: This summary applies to this bill as enacted.)

Fiscal Note

The act aligns the medicaid and children's basic health plan income eligibility requirements for pregnant women and children with federal law.

Current law requires money in the healthcare affordability and sustainability fee cash fund (fund) to be used to expand eligibility for medicaid by increasing the income eligibility level for children and pregnant women under the children's basic health plan to up to 250% of the federal poverty line. The act increases the eligibility level to up to 260%. Under current law, if the money in the fund is insufficient to fully fund all the purposes of the fund, the medical services board (state board) may reduce the percentage of the federal poverty level. The act authorizes the state board to reduce the percentage of the federal poverty level to below 260%, but not below 250%.

The act increases the medicaid income eligibility level for pregnant women from 185% of the federal poverty level to 195% of the federal poverty level, adjusted for family size.

The act increases the income eligibility level under the children's basic health plan for children and pregnant women from 250% of the federal poverty level to 260% of the federal poverty level.
(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act creates the victims of a violent crime brain injury task force (task force). The purpose of the task force is to develop a plan for the creation and implementation of a pilot program for the identification, screening, support, and services of victims of violent crimes for brain injury and providing those who screen positive with the appropriate support and services. The act describes the necessary elements of the plan, the membership for the task force, and reporting requirements.

The task force is repealed, effective June 30, 2026.

For the 2022-23 state fiscal year, the act appropriates $65,000 from the general fund to the department of public safety for use by the division of criminal justice for implementation of the act.

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

Fiscal Note

Under current law, a neighborhood youth organization (NYO) serves youth as young as 6 years of age and as old as 18 years of age. The act lowers the minimum age of a youth member to 5 years of age if the youth is in kindergarten.

The act permits an NYO to create an electronic or written process to record the daily arrival and departure times of youth members in order to track attendance, assess the impact of programs and services on youth members, and ensure an NYO operates in the best interest and safety of youth members.

The act requires each NYO to maintain a complete set of records for youth members and personnel. Each neighborhood youth organization is required to maintain the confidentiality of certain records that are not subject to review by the public. Records concerning the licensing of an NYO's facilities and agencies are open to the public and a person who wishes to review a record must submit a written request to the department of human services.

The act requires that an NYO's programs and services must occur primarily in a facility the NYO leases or owns or has been granted use of or access to.

The act requires an NYO to offer programs and services that are evidence- or research-based, age-appropriate, and foster supportive relationships with peers and adults while offering character and leadership development, academic supports, job skills training, behavioral health supports, health and nutrition services, and other critical resources and services that a community identifies as necessary. An NYO serves all children, youth, and families, but with a focus on programs and services that ensure affordable access for low-income populations.

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

Fiscal Note

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.)

Fiscal Note

The bill creates the healthy school meals for all program (program) in the department of education (department) to reimburse school food authorities for free meals provided to students who are not eligible for free or reduced-price meals under the federal school meals programs. The program begins operating in the 2023-24 budget year, subject to the state being selected to participate in the federal demonstration project to use medicaid eligibility to identify students who are eligible for the federal school meals programs (demonstration project).

A school food authority that chooses to participate in the program (participating school food authority) must:

• Provide free meals to all students enrolled in the public schools that the participating school food authority serves;
• Provide to the department annual notice of participation; and
• Maximize the amount of federal reimbursement by participating in the federal community eligibility provision to identify students who are eligible for the federal school meals programs.

The amount of reimbursement distributed pursuant to the program is equal to the federal free reimbursement rate multiplied by the total number of meals served, minus any other federal or state reimbursement the school food authority receives for providing meals.

The bill requires the department to:

• Participate in the federal community eligibility provision for the state as a whole, if that option is available; and
• Apply to participate in the demonstration project.

Under the bill, a participating school food authority that creates a parent and student committee to advise on food purchasing (advisory committee) is eligible to receive a local food purchasing grant (grant) to purchase Colorado grown, raised, or processed products for school meals. Each eligible participating school food authority must comply with reporting requirements. The bill establishes the amount of the grants, limits on how the grant money may be spent, and the required membership of the advisory committee. The department must annually review a sample of the invoices for purchases made using grant money to ensure compliance with purchasing requirements.

Under the bill, a participating school food authority may receive an additional amount to increase the wages for individuals employed to prepare and serve food.

The bill creates the local school food purchasing technical assistance and education grant program (grant program), under which a statewide nonprofit organization distributes grants to promote the purchase of Colorado grown, raised, or processed products by participating school food authorities and to assist participating school food authorities in preparing meals using basic ingredients rather than processed products. The nonprofit organization must report annually to the department concerning implementation of the grant program.

The department must submit to committees of the general assembly a biennial report concerning implementation of the program. The department must contract with an independent auditor to conduct a biennial financial and performance audit of the program. The report and the audit must include implementation of the program, implementation of the local food purchasing grants, use of the additional amount for increasing wages, and implementation of the grant program.

The bill directs the general assembly to appropriate annually, by line item in the annual appropriation bill, the amount necessary to implement the program, including a specified amount for the grant program.

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

Fiscal Note

Under current law, there is a single sex offender management board that sets standards for sex offender treatment and approves sex offender treatment providers (treatment providers), among other things. The bill creates 2 boards, one for adult sex offenders and one for juvenile sex offenders.

Under current law, a sex offender is given the choice of 2 treatment providers. The bill allows a sex offender access to the list of all treatment providers to choose from, with some restrictions.

The bill gives prosecutors discretion to permit a sex offender evaluation to be dispensed with if it is only triggered by sexual offense history.

The bill directs the department of corrections (department) to identify all inmates who are required to undergo sex-offense treatment, are eligible to receive sex-offense treatment, and have not been provided with the opportunity to undergo sex-offense treatment while incarcerated. The department shall provide this data to the adult sex offender management board prior to August 31, 2022. The division of parole in the department and the adult sex offender management board shall meet and develop solutions to address the needs of treatment for offenders incarcerated in the department. The adult sex offender management board shall present findings to the division of criminal justice in the department of public safety prior to January 1, 2023.

The bill requires the boards to create a joint application review subcommittee to serve each board for the application and review process of treatment providers, evaluators, and polygraph examiners. The bill requires the boards to maintain a record of any denial or removal from the list of approved treatment providers or other sanctions due to a provider's criminal history.

The bill requires the adult sex offender management board to conduct a reoffense research project to collect and analyze data related to rearrest and reconviction rates for sex offenders.

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

Fiscal Note

Current law provides whistleblower protections for workers who raise a reasonable concern about health or safety related to a public health emergency. The act expands the protection to all health and safety concerns regardless of whether there is a declared public health emergency.

To implement the act, the act appropriates:

• $417,629 to the department of labor and employment, of which $386,579 is for use by the division of labor standards and statistics and $31,050 is for the purchase of legal services;
• $228,499 to the department of personnel, of which $125,000 is for use by the division of human resources for liability claims and $103,499 is for the purchase of legal services; and
• $134,549 to the department of law, reappropriated from the department of labor and employment and the department of personnel.
  (Note: This summary applies to this bill as enacted.)

Fiscal Note

The act requires the domestic violence fatality review board (review board) to:

• Provide technical assistance and training to local governments to help establish and maintain a review team and provide technical assistance and training to existing review teams;
• Pursue and implement any recommendations pertaining to improving communication and information-sharing between public and private organizations and agencies as to domestic violence incidents and risk, reducing the incidence of domestic violence and domestic violence fatalities in the state, and improving responses to domestic violence incidents;
• Provide any necessary coordination between local governments and organizations to assist with domestic violence prevention and responses to fatalities;
• Make a recommendation in its 2022 annual written report whether and how diversity, equity, and inclusion training could be provided for individuals who provide initial call response functions and could be provided for local boards that may conduct a fatality review to create greater trust between local agencies and victims of domestic violence;
• Coordinate with stakeholders to develop best practices for collecting data on domestic violence-related fatalities;
• Coordinate to implement effective information-sharing related to identified domestic violence fatalities;
• Perform outreach to local governments and organizations to promote the development of local review teams; and
• Prioritize development and support of local review teams in underserved and rural communities.

The review board is set to repeal on September 1, 2022. The act extends the repeal to September 1, 2027, and requires a sunset review prior to the repeal. The act also repeals the review board's associated cash fund. The act appropriates $43,350 to the department of law from the general fund to implement the act. The act decreases the cash fund appropriation from the Colorado domestic violence review board cash fund in the 2022 general appropriations act to the department of law for use by the office of community engagement by $2,500.

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

Fiscal Note

The act requires the state department of human services (department) to promulgate additional rules relating to children and youth with intellectual and developmental disabilities (children and youth) who are in out-of-home placements. The additional rules include access to the interdisciplinary appeals review panel (review panel) for the appeals process for children and youth who have been determined to be ineligible for the program of services (program) for children and youth who have been placed out of the home. The act allows for the addition of additional members to the review panel.

To promote transparency and accountability, the act requires the department to submit a report on details of the program to the health and human services committee of the senate and the public and behavioral health and human services committee of the house of representatives, or any successor committees, and details the information required on the report.

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

Fiscal Note

Current law requires the department of education to distribute to each administrative unit $1,250 for each child with a disability who receives special education services from the administrative unit. The act increases the amount to $1,750 and requires the amount to increase by the rate of inflation each budget year beginning with the 2024-25 budget year.

The act increases the required annual appropriation by an additional $26.8 million to fund children who have one or more disabilities and receive special education services from an administrative unit and requires the amount to increase by the rate of inflation each budget year beginning with the 2024-25 budget year.

The act requires the special education fiscal advisory committee to submit a report to the education committees of the general assembly on or before January 1, 2023. The report must include the following information:

• An analysis of funding for special education services in other states compared to the funding model used in Colorado, with a focus on the proportionate share between federal, state, and local funding and how other states fund different categories of disabilities to target the needs of children with disabilities;
• An analysis of the actual costs to provide special education services to children with disabilities in Colorado;
• An analysis of the effectiveness of the current model for funding special education services, including whether the current funding model adequately supports special education services;
• An examination of the high-cost special education trust fund (fund) that includes how the fund is operated, who receives funding from the fund, and how the fund impacts those who receive funds;
• An analysis of the current disability categories for children with disabilities and whether the disability categories are sufficient for meeting the needs of children with disabilities; and
• Recommended changes, if any, to the special education services funding model.

The act appropriates $80 million from the state education fund to the department of education for special education programs for children with disabilities.

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

Fiscal Note

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.)

Fiscal Note

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.)

Fiscal Note

The act creates the Colorado career advisor training program in the department of education to provide training programs and courses to Colorado career advisors. The department of education, in coordination with the department of higher education, department of labor and employment, Colorado workforce development council, and the Colorado community college system, administers the program.

The act appropriates $1 million from the general fund to the department of education.

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

Fiscal Note

The act adds educators to the list of protected persons whose personal information may be withheld from the internet if the protected person believes dissemination of such information poses an imminent and serious threat to the protected person or the safety of the protected person's immediate family.

Under current law, the "Colorado Open Records Act" (CORA) definition of "personnel file" does not include the specific date of an educator's absence from work. The act amends the CORA definition of "personnel file" to include the specific date of an educator's absence from work.

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

Fiscal Note

Under existing law, the state department of human services (department) reimburses local governments and nongovernmental agencies that operate domestic abuse programs for providing services to victims of domestic violence. The act renames "domestic abuse programs" as "domestic violence programs", repeals the authority to reimburse local governments, and requires the department to reimburse a nongovernmental agency or a federally recognized Indian tribe that operates a domestic violence, sexual assault, or culturally specific program (program) that provides services to victims of domestic abuse or sexual assault (program services). The act repeals the requirement that programs must request information from each client concerning the relationship of the client to the alleged perpetrator of the abuse.

The act permits the department to enter into an agreement with a federally recognized state or tribal domestic violence or sexual assault coalition (coalition) for program services and other related services. A coalition that enters into a contract or agreement with the department shall provide training and technical assistance for programs and may participate in systems advocacy, develop and implement policies to improve the response to and prevention of domestic violence or sexual assault, and conduct statewide community outreach and public education related to domestic violence and sexual assault. A coalition may subcontract with a nongovernmental agency or federally recognized Indian tribe that operates a program.

The act creates the state domestic violence and sexual assault services fund, transfers $6 million to the fund from the behavioral and mental health cash fund, and requires the department to publish information on its website about the use of program funds and organizations that receive funds.

The act creates the Colorado crime victim services fund (victim services fund) and requires the state treasurer to transfer $32 million to the fund from the economic recovery and relief cash fund and $6 million to the fund from the general fund. The division of criminal justice in the department of public safety makes grants from the victim services fund to government agencies and nonprofit organizations that provide services for crime victims. The division is required to publish information on its website about the use of grant funds and organizations that receive grant awards.

The act permits the division of criminal justice to grant money from the victims assistance and law enforcement fund for mass tragedy response.

The act limits members of the crime victim services advisory board to serving 3 consecutive 3-year terms on the board.

The act requires the state treasurer to transfer $3 million to the victims and witnesses assistance and law enforcement fund from the economic recovery and relief cash fund. The state court administrator is required to distribute the money based on need.

The act requires the state treasurer to transfer $1 million to the community crime victims grant program cash fund from the general fund.

For state fiscal year 2021-22, the general assembly appropriated $1.5 million to the department of public safety for the state victims assistance and law enforcement program and $4.75 million to the department of human services for the domestic abuse program. The act further appropriates any of that money that is not expended by July 1, 2022, to each department for use in the 2022-23 and 2023-24 state fiscal years.

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

Fiscal Note

The act renames the area agency on aging grant program to the strategic investments in aging grant program (grant program). The grant program administers state assistance to finance projects across the state that are intended to assist and support older Coloradans.

The act extends the grant program indefinitely to continue the support of projects that promote the health, equity, well-being, and security of older Coloradans across the state.

The act renames the area agency on aging cash fund to the strategic investments in aging cash fund (fund). Money in the fund is continuously appropriated to the department of human services to fund programs and projects consistent with the grant program.

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

Fiscal Note

The act expands the grant program administered by the Colorado bureau of investigation (CBI) that assists counties in implementing recovery programs for persons who wander (grant program). A recovery program for persons who wander (recovery program), currently known as a lifesaver program, is a program under which a participant has a device that may be used to assist in attempting to electronically locate the participant.

The act expands the grant program to apply to recovery programs established or maintained by counties and municipalities (local governments) or local government designees. The act also removes a limit on the amount of any single grant and a nonbinding intent statement regarding the maximum amount of money that the general assembly should spend on the grant program. Further, the act allows the executive director of the department of public safety to award grants to assist in maintaining and implementing recovery programs.

The act also requires the CBI to establish a website that lists those local governments and local government designees that have a recovery program, describes how to contact those local governments and local government designees, lists resources for caretakers of persons with medical conditions that cause wandering, provides procedures to follow when a participant of a recovery program is determined to be missing, describes how the technology used by the various local governments and local government designees for recovery programs works, and provides any other information the CBI may conclude is necessary to better explain and publicize recovery programs.

$100,000 is appropriated from the general fund to the recovery program for persons who wander cash fund for use by the CBI for operating expenses related to the Colorado crime information center and related personal services.

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

Fiscal Note

The act creates the public defender and prosecutor behavioral health support program (program) in the department of local affairs (department). The department allocates fifty percent of program money and any gifts, grants, and donations received to the office of the state public defender and the remaining fifty percent to the Colorado district attorneys' council (CDAC). CDAC administers a grant program to award grants to individual district attorney's offices. A grant recipient and the office of the state public defender may use program money for counseling services, including reimbursements for the costs of counseling services; training and education programs that teach the symptoms of job-related trauma and how to prevent and treat trauma; and peer support programs. The office of the state public defender and CDAC are annually required to report to the House and Senate judiciary committees about the grant program.

The act prohibits a district attorney or public defender peer support team member from being examined as a witness in court about any communication between the peer support team member and a person receiving peer support services without the consent of the person who received the peer support services.

The act appropriates $500,000 from the general fund for the public defender and prosecutor behavioral health support program.

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

Fiscal Note

The bill creates the Colorado multidisciplinary geriatric provider pipeline program (program) in the university of Colorado Anschutz medical campus. The program coordinates and expands geriatric training opportunities for clinical graduate students enrolled in participating institutions of higher education who study in the health-care fields of medicine, medicine with a focus on training to be a physician assistant, dentistry, pharmacy, nursing, psychology, and social work.

The bill creates the geriatric training executive advisory committee (committee) to ensure that the training for the program is consistent and collaborative across the health-care fields of study. The committee is required to:

• Set the program's standards for training and delivery of medical care to the most frail and medically complex, costly, and compromised older Coloradans;
• Collaborate with participating institutions of higher education across Colorado to select clinical graduate students who have an interest in geriatric care to participate in the program;
• Analyze data collected by the program;
• Build relationships, collaborate, and create a multidisciplinary team that provides opportunities for clinicians to work together in teams to better understand the roles of each discipline and better place clinical graduate students for experiential training opportunities; and
• Coordinate with graduates of the program for opportunities to become trainers to future clinical graduate students once practicing in the graduate's field of study.
  (Note: This summary applies to this bill as introduced.)

Fiscal Note