The act creates the microgrids for community resilience grant program (grant program) to be administered by the division of local government (division) in the department of local affairs (department), in collaboration with the Colorado resiliency office in the division and the Colorado energy office. A cooperative electric association or a municipally owned utility (utility) may apply to the division for a grant award to finance the purchase of microgrid resources in eligible rural communities within the utility's service territory that are at significant risk of experiencing severe weather or natural disaster events and in which one or more community anchor institutions, which institutions are important community, educational, health care, or other institutions, are located. The microgrids, which can be connected to or be disconnected from, and work independent of, the utility's electric grid, can increase an eligible rural community's ability to avoid or remediate interruptions to the electric grid, such as those caused by severe weather or natural disaster events.

On an annual basis commencing in 2023, the division is required to:

• Report on the progress of the grant program, including information on the number of grants awarded and the amount of money awarded for each grant;
• Submit copies of the report to the house of representatives energy and environment committee and the senate transportation and energy committee, or their successor committees; and
• Publish the report on the department's website.

For state fiscal year 2022-23, the bill appropriates from the general fund:

• $3,500,000 to the department for use by the division for implementation of the grant program; and
• $20,713 to the office of the governor for use by the Colorado energy office for grant program administration.
  (Note: This summary applies to this bill as enacted.)

Fiscal Note

The act creates the Feeding Colorado fund (fund) in the state treasury. A voluntary contribution designation line for the fund will appear on the state individual income tax return form (form) for the 5 income tax years following the year that the executive director of the department of revenue (department) certifies to the revisor of statutes that there is space available on the form and that the fund is next in the queue.

Once the fund is placed on the form, the department is directed to determine annually the total amount contributed to the fund and report that amount to the state treasurer and the general assembly. The state treasurer is required to credit that amount to the fund, and the general assembly appropriates from the fund to the department the costs of administering money designated for the fund. After that amount is deducted, the money remaining in the fund at the end of a fiscal year is transferred to Feeding Colorado.

Following the statutory 2-year grace period for new tax check-offs, the fund is required to achieve the minimum contribution amount of $50,000 per year to remain on the form.

The fund is repealed on the sixth income tax year following the year in which the director files the certification, unless it is continued by the general assembly before then.

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

Fiscal Note

The act repeals the following tax expenditures:

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

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

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

Fiscal Note

The act instructs the commissioner of agriculture (commissioner) to create and deploy, on or before January 1, 2024, an online program that educates agricultural producers about blockchain technology. The commissioner will consult and cooperate with stakeholders to develop the online program, publicize the program, and encourage agricultural producers to participate in the program.

To implement the act, $72,768 is appropriated from the general fund to the department of agriculture for use by the agricultural markets division.

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

Fiscal Note

Subject to federal authorization and federal financial participation, on or after July 1, 2024, medicaid reimbursement is available for therapy using equine movement when provided by a physical therapist, an occupational therapist, or a speech-language pathologist.

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

Fiscal Note

The habitat partnership program (program) assists the division of parks and wildlife (division) with reducing wildlife conflicts and meeting game management objectives. The act:

• Authorizes the director of the division (director) to independently appoint members of the habitat partnership council (council) that, in part, advises local habitat partnership committees (committees) that help implement program objectives;
• Expands the scope of the program to assist the division with private land conservation and wildlife migration corridor efforts;
• With respect to reducing wildlife conflicts, prioritizes conflicts that arise from forage and fence issues related to big game ungulate species, which are big game species that are hooved mammals;
• Authorizes the council to allocate an annual budget to each committee, subject to final approval by the director, and expend funds in areas of the state that are not covered by a committee;
• Requires the director to set terms for committee members; and
• Identifies the council and each committee as an independent organizational unit for purposes of purchasing, accounting, and procurement-related issues.

The act clarifies that any balance of unexpended and unencumbered money in the habitat partnership cash fund (fund) at the end of a fiscal year that exceeds the amount transferred to the fund at the beginning of the fiscal year from the wildlife cash fund reverts to the wildlife cash fund and continues the fund indefinitely.

The act also exempts the program from the "Procurement Code".

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

Fiscal Note

Sections 1 and 4 of the act allow a board of directors of an irrigation district (board) to borrow money, which the irrigation district may use to make loans to landowners to be used to make improvements to private water delivery systems or for other types of projects that improve:

• Water conservation or efficiencies on landowner property; or
• Landowner delivery or drainage systems.

An obligation or contract to borrow such money is exempt from the existing requirement that a contract purporting to bind the district to pay a certain sum must be ratified by a certain number of district voters. Additionally, the district cannot assess landowners to raise money to fund the loans.

In case of default in the payment of any loan installment, the county treasurer may assess upon the eligible real property a tax lien for the payment of the whole of the unpaid installment but is prohibited from assessing a tax lien for the entire value of the landowner's portion of the irrigation loan issued by the water district.

Sections 2 and 5 require each irrigation district to include in its annual appropriation resolution:

• The amount needed to meet loan obligations;
• All amounts payable by landowners to the irrigation district in accordance with loans issued to the landowners; and
• The amount payable by each tract within the irrigation district for which a landowner has received a loan.

Sections 3 and 6 state that the county treasurer will receive $5 per tract assessed for loans issued to landowners by an irrigation district, and this $5 will be assessed against each participating tract.

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

Fiscal Note

The act requires the Colorado water conservation board (board) to develop a statewide program to provide financial incentives for the voluntary replacement of irrigated turf with water-wise landscaping (turf replacement program). The act defines water-wise landscaping as a water- and plant-management practice that emphasizes using plants with lower water needs. Local governments, certain districts, Native American tribes, and nonprofit organizations with their own turf replacement programs may apply to the board for money to help finance their turf replacement programs. The board will contract with one or more third parties to administer one or more turf replacement programs in areas where local turf replacement programs do not exist.

The state treasurer is required to transfer $2 million from the general fund to the turf replacement fund, which fund is created to finance the turf replacement program. The money is appropriated to the department of natural resources for use by the board to implement the turf replacement program, with $11,400 of the money reappropriated to the office of the governor for use by the office of information technology to provide information technology services to the department of natural resources.

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

Fiscal Note

The act creates the circular economy development center (center) in the department of public health and environment (department). The purpose of the center is to grow existing markets; create new markets; and provide necessary infrastructure, systems, logistics, and marketing to create a sustainable circular economy for recycled commodities and compost in Colorado. On or before July 1, 2023, subject to available appropriations, the department must contract with a third-party administrator to operate the center.

The center must conduct a statewide, end-market gap analysis and opportunity assessment and submit a final report of the analysis and assessment to the department by August 1, 2024. Beginning September 1, 2023, and on or before each September 1 thereafter, the center must also submit a report to the department describing the progress of the center. The department must include the report in its annual presentation to the general assembly pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act".

The center is repealed, effective September 1, 2030. Before the repeal, the activities of the center are scheduled for a sunset review by the department of regulatory agencies.

The act requires the front range waste diversion enterprise (enterprise), in coordination with the department, to pay for direct and indirect costs associated with the operation of the center through the front range waste diversion cash fund (fund). The act also makes changes to the front range waste diversion enterprise grant program as follows:

• Current law imposes limitations for grant applications that are received from a waste hauler or a landfill owner or operator. Specifically, as to the portions of such an application that relate to infrastructure or equipment, only 50% of infrastructure or equipment can be funded through the grant program and, if the board of directors of the enterprise (board) awards a grant to a waste hauler or landfill owner or operator for infrastructure or equipment, the grantee is ineligible to receive a grant for the following 5 years. The act removes these limitations.
• Current law prohibits the board from allocating more than 20% of the annual fund revenue in any single grant award. The act raises this maximum to 50%.

The act also requires the department to use money appropriated from the recycling resources economic opportunity fund to pay for up to 40% of the direct and indirect costs associated with the operation of the center.

Under current law, the solid waste user fee is repealed, effective July 1, 2026. The act eliminates this repeal date and extends, from September 1, 2029, to September 1, 2030, the repeal date of a specific user fee that is associated with the solid waste user fee.

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

Fiscal Note

The act implements recommendations of the department of regulatory agencies (department), as specified in the department's sunset review of and report on the "Colorado Veterinary Practice Act" (practice act), as follows:

• Continues the practice act for 11 years, until September 1, 2033;
• Requires a veterinarian to notify the board of veterinary medicine (board) if the veterinarian suffers from a physical illness or condition or a behavioral or mental health disorder that renders the veterinarian unable to practice with reasonable skill and safety;
• Repeals the requirement that the board send a letter of admonition by certified mail;
• Requires veterinarians to create a written plan for the storage, security, and disposal of patient records; and
• If the board has reasonable cause to believe a veterinarian is unable to practice with reasonable skill and safety due to a physical condition, authorizes the board to order the veterinarian to submit to an examination and to suspend the veterinarian's license for failing to comply with the board's order.

The act makes other amendments to the practice act as follows:

• Authorizes a person who is not a licensed veterinarian in this state to administer rabies vaccinations in a clinic setting under direct supervision of a licensed veterinarian, or through the indirect supervision of a licensed veterinarian if the person is working on behalf of an animal shelter for shelter-owned animals, if the person has been trained in rabies vaccine storage, handling, and administration and in the management of adverse events;
• Adds two members to the board who are veterinary technicians;
• Requires credit hours of practice act jurisprudence as part of veterinarians' continuing education program and permits veterinarians to take nonbiomedical courses as part of the program; and
• Repeals and reenacts the veterinary peer health assistance program to allow veterinary technicians access to the program and to require veterinary professionals, including veterinary technicians, to self-refer to the program upon arrest for a drug- or alcohol-related crime.

The act also creates the regulation of veterinary technicians. Effective January 1, 2024, a person who practices as a veterinary technician in this state must be registered by the board. To be registered, a person must have and maintain a credential in good standing from a national veterinary technician credentialing organization. For an individual who is not yet nationally credentialed but who has been practicing as a veterinary technician, the board may issue a provisional registration of limited duration under specified circumstances. Veterinary technicians are subject to discipline by the board for engaging in conduct that is grounds for discipline.

The act gives title protection to veterinary technicians and grants standard registration, rule-making, and disciplinary powers to the board. The act also repeals the regulation of veterinary technicians on September 1, 2033, subject to and consistent with the sunset review of the practice act.

The act replaces the term "humane society" with "animal shelter" to update and make terminology in the practice act and other statutes consistent.

For the 2022-23 state fiscal year, the act appropriates $80,708 to from the division of professions and occupations cash fund to the department for use by the division of professions and occupations to implement the act.

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

Fiscal Note

The act requires the Colorado energy office (office), in collaboration with the department of local affairs (department) and the Colorado resiliency office (resiliency office), to develop a grid resilience and reliability roadmap (roadmap) for improving the resilience and reliability of electric grids in the state (grid), which roadmap must include guidance on how microgrids may be used to harden the grid, improve grid resilience and reliability, deliver electricity where extending distribution infrastructure may not be practicable, and operate autonomously and independent of the grid, when necessary. In developing the roadmap, the office, department, and resiliency office are required to engage interested persons throughout the state in stakeholder meetings and consider stakeholder input. The roadmap may identify:

• The potential benefits of developing microgrids, including whether and how developing microgrids improves grid resilience and reliability;
• The critical facilities and infrastructure and the high-risk communities that should be prioritized for microgrid projects (projects); and
• Recommendations regarding potential legislative or administrative changes needed to help facilitate projects, including needed statutory or rule changes, key factors to consider regarding the safety, development, maintenance, and deployment of microgrids, metrics for evaluating the costs and benefits of microgrids, financial and technical support for microgrid deployment, and education and outreach programs, including apprenticeship programs.

The office is required to post a draft of the roadmap on its website on or before July 1, 2024, and the office and department are required to post the completed roadmap on their websites. The office is also required to submit a copy of the roadmap to the public utilities commission (commission), and, on or before March 1, 2025, in collaboration with the department, present the roadmap to the legislative committees of reference with jurisdiction over energy matters. On a periodic basis at least every 5 years, the office, department, and resiliency office are required to review the roadmap and, if necessary, update it. If the roadmap is updated, it must be posted on the office's and department's websites and submitted to the commission and the legislative committees of reference with jurisdiction over energy matters.

For the 2022-23 state fiscal year, $22,470 is appropriated from the general fund to the office of the governor for use by the Colorado energy office to develop the roadmap.

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

Fiscal Note

The act defines a "controlled environment agricultural facility" (CEA facility) as a nonresidential structure and related equipment and appurtenances that combines engineering, horticultural science, and computer management techniques to optimize hydroponics, plant quality, and food production efficiency from the land's water for human or livestock consumption. The sole purpose of growing crops in a CEA facility is to obtain a monetary profit from the wholesale of plant-based food for human or livestock consumption.

Commencing January 1, 2023, for property tax purposes:

• The definition of "agricultural and livestock products" includes crops grown within a CEA facility in a raw or unprocessed state for human or livestock consumption excluding marijuana or any other nonfood crop agricultural products;
• The definition of "agricultural equipment" that is used on the farm or ranch or in a CEA facility includes any personal property within a facility, whether attached to a building or not, that is capable of being removed from the facility, and is used in direct connection with the operation of a CEA facility, which facility is used solely for planting, growing, or harvesting crops in a raw or unprocessed state; and
• On and after January 1, 2023, but prior to January 2, 2028, agricultural equipment that is used in any CEA facility is exempt from the levy and collection of property tax.

Under section 3 of the act, a CEA facility is valued for assessment purposes as all other agricultural property using the cost, market, and income approaches to value. If the sole use of the CEA facility is not the growing of crops for human or livestock consumption, then the property is classified and valued for assessment purposes based on actual use.

Under section 3, as part of the personal declaration that the owner of a CEA facility signs and returns to the county assessor, the act requires the owner to include an affidavit executed by the owner in which the owner affirms that the CEA facility meets the requirements for such a facility as specified in the act. If the crop grown in the CEA facility is hemp, the owner must also include a copy of a license to verify to the assessor that the crop is not marijuana . Section 3 is repealed, effective July 1, 2029.
(Note: This summary applies to this bill as enacted.)

Fiscal Note

The act creates the Colorado agricultural workforce services program (program) in the department of agriculture (department), which program includes an online resource portal for agricultural employees to access information about their rights under labor laws and for agricultural employers to access information about compliance with labor laws.

For the 2022-23 state fiscal year, the act appropriates $100,000 from the general fund to the department to be used as follows:

• $29,086 for use by the commissioner's office and administrative services for personal services; and
• $70,914 for use by the agricultural markets division for the program.

For the 2022-23 state fiscal year, the act also appropriates $42,859 from the general fund to the department of labor and employment for use by the division of labor standards and statistics.

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

Fiscal Note

The act clarifies that the housing requirements with which agricultural employers must comply during a public health emergency apply only during a statewide public health emergency that concerns COVID-19 or another communicable disease. The act allows an alternative to compliance with the existing housing requirements by authorizing a person engaged in agricultural employment to instead comply with alternative protections identified in a public health order issued by the department of public health and environment.

The act authorizes the department of labor and employment to consult with the department of public health and environment concerning the enforcement of agricultural worker housing requirements.

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

Fiscal Note

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

• Continuation of the satellite monitoring system, $380,000;
• Continuation of the Colorado floodplain map modernization program, $500,000;
• Continuation of the weather modification permitting program, $350,000;
• Continuation of technical assistance for federal cost-share programs, $300,000;
• Continuation of the Arkansas river decision support system, $500,000;
• Continuation of the Colorado Mesonet project, $150,000;
• Continuation of the water forecasting partnership project, $450,000;
• Support of modeling and data analyses for the upper Colorado river commission's interstate planning and negotiation efforts, $200,000;
• Performance of comprehensive dam safety evaluations for the reservoir enlargement assessment project, $250,000;
• Support of the Platte river recovery implementation program, $3,800,000; and
• Support of Republican river matters related to meeting compact compliance obligations, $2,000,000.

The act appropriates $8,200,000 from the water plan implementation cash fund to the CWCB for grant-making for projects that assist in implementing the state water plan.

The act directs the state treasurer to transfer the following amounts on July 1, 2022:

• Up to $2,000,000 from the CWCB construction fund to the litigation fund; and
• $1,000,000 from the CWCB construction fund to the water plan implementation cash fund.

The act authorizes the CWCB to make loans of up to $13,130,000 from the CWCB construction fund to the town of Breckenridge to rehabilitate the Goose Pasture Tarn dam.

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

Fiscal Note

The act:

• Requires the water quality control commission (commission) to conduct outreach and gather input from disproportionately impacted communities regarding the commission's rule-making proceedings, licensing proceedings, and adjudicatory hearings (section 1 of the act);
• Requires the commission to utilize the criteria promulgated by rule by the commission in designating waters as use-protected (section 2); and
• Creates a 5-year statute of limitations for bringing actions alleging violations of the "Colorado Water Quality Control Act" (water quality control act) or any rules or orders under the water quality control act (section 3).
  (Note: This summary applies to this bill as enacted.)

Fiscal Note

Under current law, the department of human services (state department) may charge an administrative fee to an agency that receives commodities through a food distribution program on a monthly basis. The act changes this to allow the state department to collect an administrative fee at least once every calendar year or when an agency's account balance reaches $100 or more.

(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 act requires:

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

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

Beginning July 1, 2022, the act requires the department of human services to work in partnership with counties towards implementation of a high-quality county work management system across all counties to interface with the Colorado benefits management system used to process and approve applications for essential state public assistance programs, such as the supplemental nutrition assistance program (SNAP), medicaid, and Colorado works. Eligibility and enrollment for SNAP and LEAP are integrated to increase access and efficiency.

A community food access program (food program) is created in the department of agriculture (department). The purpose of the food program is to improve access to and lower prices for healthy foods in low-income and underserved areas of the state by supporting small food retailers. As part of the food program, the department shall create a community food consortium (consortium) for small food retailers and Colorado-owned and Colorado-operated farms. The small food business recovery and resilience grant program (grant program) is established, to be overseen by the food program. An advisory committee is established to assist the department with the grant program. One-time grants not to exceed $25,000 will be provided to small food retailers to help support infrastructure and other necessary items to make fresh, healthy food more accessible to low-income and underserved communities. The department is granted authority to promulgate rules as necessary to implement the food program.

The department shall develop a strategy for outreach to Colorado-owned and Colorado-operated farms, food retailers, and small farms that are interested in participating in the consortium or grant program.

The food program is repealed, effective September 1, 2027.

For the 2022-23 state fiscal year, the following appropriations are made from the economic recovery and relief cash fund:

• $3 million to the department of human services for use by administration and finance for IT systems interoperability;
• $2 million to the department of human services for use by the office of economic security for fuel assistance payments related to food and energy assistance;
• $1 million to the department of human services for use by the office of economic security for electronic benefits transfer programming related to food and energy assistance;
• $1 million to the department of agriculture to implement the community food access program; and
• $7 million to the department of agriculture to implement the small food business recovery and resilience grant program and outreach.
  (Note: This summary applies to this bill as enacted.)

Fiscal Note

The act creates the healthy school meals for all program (program) in the department of education (department) to:

• Reimburse school food authorities that choose to participate in the program (participating 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;
• Provide local food purchasing grants to eligible participating school food authorities;
• Provide funding to participating school food authorities to increase the wages or provide stipends for individuals employed to prepare and serve food; and
• Provide assistance to participating school food authorities through the local school food purchasing technical assistance and education grant program.

A participating school food authority must:

• Provide free meals to all students enrolled in the public schools that the participating school food authority serves and that participate in the national school lunch program or national school breakfast program;
• 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 portion of the program that provides reimbursement for school meals begins operating in the 2023-24 budget year. The remaining portions of the program begin operating in the first full budget year after the state of Colorado begins participating in the federal demonstration project to use medicaid eligibility to identify students who are eligible for the federal school meals programs (demonstration project). The act 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. 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.

Under the act, 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. The act 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.

The act 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 or providing stipends, and implementation of the grant program.

Current law limits state income tax itemized deductions for taxpayers who have federal adjusted gross income of $400,000 or more to $30,000 for single filers and $60,000 for joint filers. The act applies the limit to both itemized and standard income tax deductions for taxpayers who have federal adjusted gross income of $300,000 or more and lowers the limit to $12,000 for single filers and $16,000 for joint filers. The amount of revenue generated by the changes to the limit must be appropriated to fund the program. If the program is repealed, the changes to the limit no longer apply.

The act directs the general assembly to appropriate annually the amount necessary to implement the program, including a specified amount for the grant program. The act takes effect only if it is approved by the voters at the November 2022 general election. This approval is a voter-approved revenue change that allows the state to retain and spend all revenue generated by the changes to the limit on state income tax deductions.

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

Fiscal Note

The act makes changes related to the requirements for various boards and commissions (boards).

Section 1 of the act includes standard provisions that generally apply to boards for which membership is based in full or in part on representation from the congressional districts of the state. Specifically, unless a statute or constitutional provision creating a board provides otherwise:

• If a member appointed to represent a district no longer resides in the district due solely to a change in the district's boundaries following redistricting, the member may serve the remainder of their term notwithstanding the nonresidency;
• If a board increases in size due to the addition of a new congressional district in the state, the appointing authority shall appoint a new member to represent the new district as soon as practicable; and
• If a board decreases in size due to the loss of a congressional district in the state, the appointing authority shall determine which current member's term should be terminated, or, if the member will be replaced by an at-large or other member, which member should be replaced at the expiration of the member's term. The appointing authority must attempt to ensure that the remaining membership adequately represents the remaining congressional districts.

Section 2 establishes standard provisions that apply to all boards unless the statute or constitutional provision creating a board provides otherwise. The standard provisions include:

• Requiring an appointing authority to fill a vacancy for the remainder of the unexpired term;
• Allowing the designee of a state official who is an ex officio member of a board to fulfill the official's duties on the board;
• Defining the term "minimum majority" to mean the lowest number of members of a board that is more than half;
• Allowing members to participate in meetings of the board remotely if allowed by a board's policies or bylaws; and
• Clarifying that only a partial term that is more than half the length of a standard term counts towards any applicable term limit.

Sections 33 and 40 update the statutes that establish the membership of the state board of education and the board of regents of the university of Colorado, respectively, both of which are elected boards created in the state constitution. For the state board of education, section 33 provides for the election of one new member to represent the eighth congressional district and one new member from the state at large at the 2022 general election. For the board of regents, section 40 requires the election of a member to represent the eighth congressional district in place of the election of a member representing the state at large at the 2022 general election.

Sections 37, 42, 52, 60, 73, 85, 86, 90, 101, and 107 amend statutes governing boards for which membership is based on the number of congressional districts in the state. For each board, the total number of members is no longer specified. Instead, each statute provides for the appointment of members from each congressional district in the state plus, as applicable, additional members as is currently provided for each board. Provisions requiring staggering of terms and limits on the number of board members who may be affiliated with a single political party are amended to refer to a "minimum majority" of the board to accommodate any future changes in board membership resulting from changes in the number of Colorado congressional districts.

Section 133 repeals a statute that addressed the impact of redistricting on boards following the 2000 federal decennial census and a statute that adjusted the lengths of terms of members of certain boards in 1987.

The remaining sections of the act make changes to statutory provisions governing various boards with appointed members, including:

• Repealing deadlines for events or actions that have already occurred;
• Repealing language setting specific expiration dates or requirements for board members' terms in order to create staggering of the board members' terms and replacing it with a general requirement that terms be staggered;
• Repealing requirements for notice and hearing before a board member can be removed for cause by an appointing authority;
• Repealing, for certain boards, the requirement that a board member serve until the board member's successor is confirmed by the senate;
• Updating archaic language to conform to current drafting standards;
• Reorganizing sections to clarify requirements related to appointments, qualifications for appointees, and terms of office;
• Clarifying requirements related to the number of board members that may be affiliated with one political party; and
• Making conforming amendments.
  (Note: This summary applies to this bill as enacted.)

Fiscal Note

Colorado law sets weight limits for vehicles that travel over roads. One of the factors that determines a vehicle's weight limit is whether a load is divisible, which means that the load can be divided up to lower its weight. The act deems that a load of fluid milk products carried by a vehicle is not a divisible load.

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

Fiscal Note

The act creates the groundwater compact compliance and sustainability fund (fund) to help finance groundwater use reduction and sustainability efforts in the Rio Grande river basin and the Republican river basin, such as efforts to buy and retire irrigation wells and irrigated acreage in the river basins. The Colorado water conservation board (board) administers the fund and can make expenditures from the fund based on recommendations from the board of directors of the Rio Grande water conservation district or the Republican river water conservation district. A conservation district's recommendations must first be approved by the state engineer.

For the 2022-23 state fiscal year, $60 million is appropriated from the economic recovery and relief cash fund to the fund and, on August 15, 2024, up to $20 million of any unobligated money in the fund is transferred to the water plan implementation account, which account the board administers to finance efforts to help accomplish critical actions identified in the state water plan. The board and any recipient of money from the fund or the account must comply with the compliance, reporting, record-keeping, and program evaluation requirements that the office of state planning and budgeting and the state controller establish for use of money allocated to the state pursuant to the "American Rescue Plan Act of 2021".

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

Fiscal Note

Water Resources Review Committee. Section 1 of the bill prohibits a purchaser of agricultural water rights that are represented by shares in a mutual ditch company from engaging in investment water speculation. Investment water speculation is the purchase of agricultural water rights that are represented by shares in a mutual ditch company in the state with the intent, at the time of purchase, to profit from an increase in the water's value in a subsequent transaction or by receiving payment from another person for nonuse of all or a portion of the water subject to the water right.

On or after January 1, 2023, the state engineer or the state engineer's designee (state engineer) may investigate complaints of investment water speculation. If a purchaser holds, or by virtue of a proposed sale or transfer, will hold at least a minimum percent of the shares in a mutual ditch company, about which minimum percent the mutual ditch company must determine and notify the state engineer on or before December 31, 2022, there is a rebuttable presumption that the purchaser is engaged in investment water speculation. The state engineer may fine a purchaser up to $10,000 for a violation and require, for a period of up to 2 years after a fine has been imposed, that any sale or transfer of shares in a mutual ditch company to the purchaser be subject to approval by the state engineer.

If the state engineer believes that a complaint is frivolous or was filed for the purpose of harassing a seller or purchaser, the state engineer may refer the matter to the attorney general's office for the attorney general or the attorney general's designee (attorney general) to investigate and, if the attorney general determines that enforcement is warranted, bring a civil action in a court of competent jurisdiction alleging the complaint is frivolous or was filed for the purpose of harassment. If the attorney general prevails in the civil action, the court may fine a complainant up to $1,000, prohibit the complainant from filing any complaints alleging investment water speculation for up to one year, and grant attorney fees and court costs. Section 3 authorizes the attorney general to bring a civil action against a complainant if the state engineer refers the matter to the attorney general.Section 2 requires the board of directors of a mutual ditch company to determine the minimum percent of agricultural water rights held by all of the shareholders in the mutual ditch company that a purchaser holds or, by virtue of the sale or transfer of shares in the mutual ditch company, will hold that creates a rebuttable presumption that the purchaser is engaging in investment water speculation.
(Note: This summary applies to this bill as introduced.)

Fiscal Note

The act changes the name of the water resources review committee to the water resources and agriculture review committee (committee) and expands the scope of the committee to include agriculture issues.

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

Fiscal Note

The act restructures the board of commissioners of the Colorado state fair authority. Under current law, the appointed members of the board include 2 residents of the county in which the Colorado state fair and industrial exposition is held, one resident of each of the 7 congressional districts, and one person from the state at large. Under the act, the board includes 2 residents of the county in which the Colorado state fair and industrial exposition is held, 2 members from the state at large, and 2 residents from each of the 4 agricultural districts of the state. The governor is required to appoint the 2 members from the state at large on October 31, 2022. The members of the board appointed before the effective date of the act to represent congressional districts may continue to hold office until the expiration of their terms, at which point the governor is required to appoint a new member in accordance with the requirements of the act. Members are appointed for terms of 4 years; except that terms are staggered so that no more than 3 members' terms expire in the same year.

Of the 12 appointed members, at least 3 members must be affiliated with each of the major political parties for at least one year prior to appointment, and at least 3 members must be unaffiliated for at least one year prior to appointment. In addition, 4 members must be involved in the agricultural industry. The governor is required to attempt to ensure that the board represents the geographical diversity of the state.

If a person appointed on a temporary basis while the general assembly is not in session is not confirmed by the senate during the next regular session, the person's term ends and the person is not eligible for reappointment as a temporary appointee during the next legislative interim.

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

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 new and amended state statutes that enumerate or define local government entities or agencies that are eligible for state grant or benefit programs to also designate tribal nations with jurisdiction in Colorado as eligible recipients if legal and appropriate. The legislative council staff is required to submit a report to the legislative council by December 1, 2022, identifying state grant programs in statute and whether those programs include tribal governments as eligible recipients.

The office of the Colorado commission on Indian affairs is required, in consultation with the Ute Mountain Ute Tribe and the Southern Ute Indian Tribe, to submit a report to the legislative council by March 1, 2023, identifying opportunities for tribal governments to be included in the operations or programs of the state as a partner, assessing whether the Colorado commission on Indian affairs can facilitate or provide those opportunities, and recommending other ways for the state to facilitate or provide those opportunities.

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

Fiscal Note

The act requires that an owner or operator of a new wind-powered energy generation facility (facility) install light mitigating technology (technology) at the facility if vertical construction of the first wind turbine included in the facility begins on or after April 1, 2022, and the owner or operator is required to obtain a land-use permit from a local government or is an independent power producer.

The act defines technology as a sensor-based system that is designed to detect approaching aircraft, that keeps the lights off when it is safe to do so, and that meets federal aviation administration (FAA) requirements. An owner or operator of a facility is responsible for obtaining FAA approval for the installation of approved technology and may request from the governing body of the local government an extension of time up to 24 months if the owner or operator can demonstrate that, despite its commercially reasonable efforts, the technology was not available within the time frame afforded. The board of county commissioners in the county in which a facility is located may adopt and enforce an ordinance or resolution to authorize the board to impose civil penalties of $1,000 per day against a facility owner or operator if the board determines that the owner or operator has failed to comply with the act.

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

Fiscal Note

The act allows a board of county commissioners (board), in consultation with its fire protection district or fire authority, to apply to the state engineer for the designation of a pond as a fire suppression pond. The director of the division of fire prevention and control (director) in the department of public safety is required to promulgate rules to establish criteria for boards, in consultation with fire protection districts or fire authorities, to use to identify and evaluate potential fire suppression ponds.

Before applying for the designation of a pond as a fire suppression pond, a board, in consultation with its fire protection district or fire authority, must identify ponds in areas where the outbreak of a fire could result in a major wildfire disaster and perform a needs assessment of each such pond. If a pond that is under consideration for designation as a fire suppression pond is located in whole or in part upon private property, a board must acquire the voluntary written approval of each owner of private property that abuts the pond before the board applies to the state engineer for the designation of the pond as a fire suppression pond. For each pond that is identified and under consideration as a potential fire suppression pond, a board must provide notice of such fact to the state engineer.

The act prohibits the state engineer, with exceptions, from ordering any pond to be drained or backfilled:

• While the pond is under consideration for designation as a fire suppression pond;
• If the state engineer has designated the pond as a fire suppression pond; or
• On and after the effective date of the act, and until the date upon which the director promulgates rules.

The state engineer may not designate more than 30 total surface acres of pond in any county as a fire suppression pond or designate any pond as a fire suppression pond unless the pond satisfies certain requirements and the board that requested the designation provided notice of the request to interested parties included in the substitute water supply plan notification list established for the water division in which the pond is located. The state engineer may impose reasonable requirements on a board as a condition of designating a pond as a fire suppression pond, including requirements for measuring and recording devices. A board and its fire protection district or fire authority must inspect a designated fire suppression pond at least annually.

The designation of a pond as a fire suppression pond expires 15 years after the date of the designation. Before the expiration, the board and the fire protection district or fire authority may perform a needs assessment of the pond. If the needs assessment demonstrates that the pond is in compliance with criteria established in the director's rules, the board and fire protection district or fire authority shall notify the state engineer of such fact, and the state engineer shall redesignate the pond as a fire suppression pond. If the needs assessment demonstrates that the pond is not in compliance with the criteria, the board and fire protection district or fire authority must either:

• Notify the state engineer that the designation of the pond as a fire suppression pond should be rescinded or allowed to expire; or
• Provide to the state engineer a plan and a timeline for bringing the pond back into compliance with such criteria.

Within 70 days after the state engineer designates a pond as a fire suppression pond, a holder of a decreed water right may file with the water clerk of the water division in which the fire suppression pond is located a petition for review of the state engineer's decision. Upon receiving a petition, a water judge must conduct a review of the state engineer's decision. A water judge may nullify the state engineer's designation of a pond as a fire suppression pond if, after considering the entire record, including any evidence of material injury, the judge finds that:

• In applying for the designation, the board did not describe a pond that complies with criteria established by rules promulgated by the director; or
• The state engineer's decision did not accord with certain other requirements in the act concerning fire suppression ponds.

The act states that a fire suppression pond and the water associated with it:

• Are not considered a water right;
• Do not have a priority for the purpose of determining water rights; and
• May not be adjudicated as a water right.

The act states that a proposed fire suppression pond is presumed to not cause material injury to vested water rights. A holder of a decreed water right may rebut the presumption by providing evidence to the state engineer sufficient to show that material injury has occurred or will occur to the decreed water right.

The act appropriates, for the 2022-23 state fiscal year, $19,428 from the general fund to the department of natural resources for use by the executive director's office, to be used as follows:

• $11,828 to be reappropriated to the department of law for the provision of legal services; and
• $7,600 to be reappropriated to the office of information technology for the provision of information technology services.
  (Note: This summary applies to this bill as enacted.)

Fiscal Note

The bill clarifies the meaning of terms related to landowner liability and declares that the Colorado court of appeals and supreme court decisions in Rocky Mountain Planned Parenthood, Inc. v. Wagner should not be relied upon to the extent that those decisions determined:

• The foreseeability of third-party criminal conduct based upon whether the goods or services offered by a landowner are controversial; and
• That a landowner could be held liable as a substantial factor in causing harm without considering whether a third-party criminal act was the predominant cause of that harm.
  (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

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 creates the Colorado wildlife safe passages fund (fund) within the state treasury and transfers $5,000,000 from the general fund to the fund. Money in the fund is continuously appropriated to the department of transportation (department) to provide funding for projects that provide safe road crossings for connectivity of wildlife and reduce wildlife-vehicle collisions, for the full range of wildlife crossing project needs, and for matching requirements for federal grant programs relating to wildlife crossing projects. The department must consult with the division of parks and wildlife and the Colorado wildlife and transportation alliance regarding the disbursement of money from the fund and must annually report on the disbursement of such money.

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

Fiscal Note

The act establishes the Colorado rural health-care workforce initiative (initiative) to expand the number of health-care professionals practicing in Colorado's rural or frontier counties. As part of the initiative, an institution of higher education (institution) is authorized to establish and operate a health-care professionals rural track within any health-care professional education program offered by the institution.

A rural track must set aside seats in its health-care professional education program for students who express an interest in studying and working in a rural or frontier county, offer didactic curriculum related to practicing the health-care discipline in rural or frontier counties, place students in rural or frontier counties for hands-on instruction and training, and award scholarships to students in the rural track. In order to receive a scholarship, a student must commit to working as a health-care professional in a rural or frontier county for 2 years after completing education and training.

The rural office at the university of Colorado's school of medicine (rural program office) provides technical assistance to the institutions operating a rural track regarding recruiting and admitting students committed to working in rural areas and identifying rural or frontier counties in which students may be placed for clinical training. The rural program office also facilitates, arranges, or advises an institution about arranging housing for students placed in a rural or frontier county. The rural program office must provide, without charge, to institutions operating a rural track, didactic curriculum related to practicing in rural or frontier counties. The act requires the rural program office to annually evaluate the effectiveness of the initiative and report to the general assembly's education committees about the initiative.

The act requires the department of higher education (department) to enter into limited purpose fee-for-service contracts to provide funding for the rural program office to carry out its duties related to the initiative. The department is also required to enter into limited purpose fee-for-service contracts with institution governing boards to operate a rural track in programs specified in the act. The department is required to allocate money to Colorado mountain college to establish a rural track in its nursing program.

The act appropriates $1,200,000 to the department from the general fund for fee-for-service contracts and allocations for the initiative.

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

Fiscal Note

The act repeals the provision that repeals the conservation district grant fund (fund) on December 31, 2022. The act also requires, on an annual basis:

• The state treasurer to transfer $148,000 from the general fund to the fund; and
• The department of agriculture to distribute $2,000 from the fund to each conservation district.
  (Note: This summary applies to this bill as enacted.)

Fiscal Note

The act creates the orphaned wells mitigation enterprise (enterprise) in the department of natural resources for the purpose of:

• Imposing and collecting mitigation fees;
• Funding the plugging, reclaiming, and remediating of orphaned wells in the state;
• Ensuring that the costs associated with the plugging, reclaiming, and remediating of orphaned wells are borne by operators in the form of mitigation fees; and
• Determining the amounts of mitigation fees.

On or before August 1, 2022; on or before April 30, 2023; and on or before April 30 each year thereafter, each operator shall pay a mitigation fee to the enterprise for each well that has been spud but is not yet plugged and abandoned, in accordance with rules promulgated by the Colorado oil and gas conservation commission (commission), in the following amounts:

• For operators with production that is equal to or less than a threshold to be determined by rules of the commission, $125 for each well; or
• For operators with production that exceeds a threshold to be determined by rules of the commission, $225 for each well.

Money collected as mitigation fees is credited to the orphaned wells mitigation enterprise cash fund (fund), which is created in the act.

The act also creates the orphaned wells mitigation enterprise board (enterprise board) and requires the enterprise board to administer the enterprise and, at least annually, to:

• Consider whether the mitigation fee amounts should be increased or reduced, based on current circumstances and reasonably anticipated future expenditures from the fund;
• If the enterprise board determines that an increase or reduction of the mitigation fee amounts is warranted, adjust the mitigation fee amounts; and
• Advise the commission of the outcome of the enterprise board's deliberations.

The commission may promulgate rules as necessary to implement the enterprise.

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

Fiscal Note

The act requires the executive director of the department of natural resources or the executive director's designee (executive director) to conduct a study as soon as practicable regarding the challenges for native pollinating insect populations, their associated ecosystems, and their health and resilience in the state. Based on the results of the study, the executive director is required to make recommendations:

• For the protection of native pollinating insects; and
• On how to develop education and outreach programming.

On or before January 1, 2024, the executive director shall submit to the general assembly and the governor a report summarizing the study and the executive director's recommendations based on the study.

The act appropriates $179,642 for state fiscal year 2022-23 from the general fund to the department of natural resources for implementation of the study.

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

Fiscal Note

The act establishes the rural provider access and affordability stimulus grant program (grant program) in the Colorado department of health care policy and financing (state department). As part of the grant program, the state department may award grants for projects that modernize the affordability solutions and the information technology of health-care providers in rural communities (rural providers) and projects that expand access to health care in rural communities. The types of rural providers eligible for grants under the grant program are rural hospitals that have a lower net patient revenue or fund balance than other rural hospitals in the state, as determined by the medical services board (state board) by rule.

On or before December 31, 2022:

• The state department must adopt guidelines for the grant program (guidelines); and
• The state board must adopt rules as necessary for the administration of the grant program (rules).

The act creates the rural provider access and affordability advisory committee (advisory committee) in the state department. The advisory committee is required to advise the state department on the administration of the grant program, the adoption of the guidelines, and the selection of grant recipients. The advisory committee is also required to advise on the rules.

The act also creates the rural provider access and affordability fund (fund) in the state treasury. The act requires the state treasurer to transfer $10,000,000 from the economic recovery and relief cash fund to the fund for awarding grants under the grant program and the administration of the grant program.

The state department is directed to include a report on the progress of the grant program during its presentation to joint legislative committees pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act".

The grant program is repealed on July 1, 2025.

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

Fiscal Note

The act specifies that if property encumbered by a conservation easement in gross is condemned through an eminent domain proceeding, and, as a result of the condemnation, the condemning authority is acquiring such property free and clear of the conservation easement interest or subordinating the deed of conservation easement to such acquired property interest, just compensation must be determined based on the value of the property as if unencumbered by the conservation easement in gross. The compensation must be allocated between the fee owner and the holder of the conservation easement based upon the value of their respective interests in the property.

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

Fiscal Note

The act instructs the commissioner of agriculture to hire an employee or engage a contractor to provide grant and loan application assistance to small meat processors or people attempting to start a small meat processor business. The grant or loan must be used to start, expand, or support a small meat processor business. The employee or contractor may also assist agricultural producers and agricultural businesses in applying for and obtaining grants.

The grant and loan application assistance program repeals on July 1, 2024.

To implement the act, $62,885 is appropriated to the department of agriculture for use by the agricultural markets division.

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

Fiscal Note

The act continues the spending authority granted to the department of agriculture as follows:

• The $3 million appropriation in Senate Bill 21-235, concerning additional funding for programs of the department of agriculture to support increased efficiency in agricultural operations, from the agriculture value-added cash fund to make grants to implement renewable energy and energy efficiency projects, conduct energy audits, and provide technical assistance is continued through the end of the 2022-23 state fiscal year;
• The $2.5 million appropriation in Senate Bill 21-203, concerning an appropriation to the department of agriculture for the Colorado proud program, from the general fund for use by the agricultural markets division for the Colorado proud program is continued through the end of the 2023-24 state fiscal year; and
• The $5 million appropriation in House Bill 21-1262, concerning monetary support for agricultural events in Colorado, from the Colorado state fair authority cash fund for use by the Colorado state fair is continued through the end of the 2022-23 state fiscal year.
  (Note: This summary applies to this bill as enacted.)

Fiscal Note