For educator preparation stipend programs, current law defines "eligible student" to mean a student who is eligible for financial assistance because the student's expected family contribution does not exceed 200% of the maximum federal Pell-eligible expected family contribution. The bill amends the definition of "eligible student" to mean a student who is eligible for financial assistance because the student's expected family contribution does not exceed 250% of the maximum federal Pell-eligible expected family contribution.

Current law requires that a student eligible for the student educator stipend program must be placed as a student educator in a school- or community-based setting in Colorado. The bill allows a student to be placed as a student educator in a school- or community-based setting in Colorado or within 100 miles of the Colorado state border.

The bill creates an exception to the student educator stipend program and the educator test stipend program for funds appropriated to the department of higher education from the economic recovery and relief cash fund. The Colorado commission on higher education (commission) is authorized to approve criteria for students who qualify for the student educator stipend program and the educator test stipend program. For the student educator stipend program, the commission is required, first, to consider students with an expected family contribution that does not exceed 300% of the maximum federal Pell-eligible expected family contribution. For the educator test stipend program, the commission is required, first, to consider students with an expected family contribution that does not exceed 300% of the maximum federal Pell-eligible expected family contribution and, second, to consider graduates of an approved program of preparation who were placed as student educators before passing the assessment of professional competencies in state fiscal years 2019-20, 2020-21, and 2021-22.

Current law requires eligible applicants for the temporary educator loan forgiveness program (forgiveness program) to be educators licensed as teachers or school counselors. The bill broadens the program requirements to allow eligible applicants to be educators licensed as principals or special service providers.

The bill broadens the requirements of the forgiveness program. The commission is required, first, to consider applicants who hold educator licenses and prioritize the approval of those applications based on the length of time each applicant has been employed under the license, beginning with those who have been employed the shortest length of time. The bill removes the forgiveness program requirement that the commission approves applicants who have contracted for a qualified position in a rural school or a rural school district or in a content shortage area whose percentage of at-risk pupils exceeded 60% in the 2021-22 budget year.

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

Fiscal Note

Wildfire Matters Review Committee. The bill creates the timber, forest health, and wildfire mitigation industries workforce development program (program) in the state forest service. The program provides partial reimbursement to timber businesses and forest health or wildfire mitigation entities for the costs of hiring interns. The forest service must adopt rules, policies, and procedures for the program, including criteria for an internship to qualify, best practices for recruiting and selecting interns to increase representation of historically underrrepresented communities in the industries, the criteria to use in selecting qualified interns, the required educational experience for an intern, and administrative requirements for the program.

For income tax years beginning on or after January 1, 2023, but before January 1, 2028, a business involved in forestry, logging, the timber trade, the production of wood and secondary products, or forest health and wildfire mitigation activities in Colorado may claim a credit against state income tax for 20% of the cost incurred by the taxpayer in purchasing certain equipment, vehicles, and equipment infrastructure. The total aggregate credit in any one income tax year is limited to $10,000. Any amount of the credit that exceeds the taxpayer's income tax liability is not refundable but may be carried forward for up to 5 years.

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

Fiscal Note

The bill prohibits a supplemental health-care staffing agency (staffing agency) from including in a contract or agreement with a health-care worker nursing care facility, or assisted living residence or health-care facility a provision for liquidated damages, employment fees, or other compensation to be paid to the staffing agency if the nursing care facility or assisted living residence health-care facility hires the health-care worker as a permanent employee either prior to or after the termination of the contract or agreement.If a staffing agency that violates the prohibition commits a civil infraction and is subject to a monetary penalty. Further, for repeated or willful violations, the executive director of the department of labor and employment may impose monetary or administrative penalties against the staffing agency unlawfully collects or attempts to collect liquidated damages, employment fees, or other compensation from a health-care worker or health-care facility, the health-care worker or health-care facility may bring a legal action for damages, a civil penalty not to exceed $5,000 per violation, and injunctive relief .

(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 specifies that actions brought for violations of minimum wage laws must be commenced within 2 years after the cause of action accrues or, for a willful violation, within 3 years after the cause of action accrues.

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

Fiscal Note

Under existing law, an inmate in the custody of the department of corrections (department) may have earned time deducted from the inmate's sentence for meeting certain statutory requirements. The bill permits an inmate sentenced for a nonviolent felony offense to have earned time deducted from the inmate's sentence for each accredited degree or other credential awarded by an a regionally accredited institution of higher education to the inmate while the inmate is incarcerated or on parole , in the following amounts:

• 18 months of earned time for a master's degree and 2 years of earned time for a doctoral degree;
• One year of earned time for receiving an associate or baccalaureate or graduate degree; and
• 6 months of earned time for receiving a certificate or other credential that requires completion of at least 30 credit hours .

The bill requires the general assembly to annually appropriate the savings incurred during the prior state fiscal year as a result of the release of inmates from correctional facilities because of earned time granted for completion of a higher education degree or credential, as follows:

• 50% of the savings to the department of corrections to facilitate inmates enrolling in and completing accredited higher education programs; and
• 50% of the savings to the department of higher education for allocation to institutions of higher education that offer accredited programs in correctional facilities.

(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 clarifies that a member of the Colorado National Guard or any other component of the military forces of the state who is an officer or employee of a public employer is entitled to a leave of absence from employment for training or active state military service for the equivalent of 3 weeks of work on the officer's or employee's regular work schedule each year. The officer or employee is entitled to use any paid leave available to the officer or employee or to use unpaid leave.

The bill clarifies that a member of the Colorado National Guard or the reserve forces of the United States who is an employee of a private employer is entitled to a leave of absence from employment in order to receive military training with the United States armed forces for the equivalent of 3 weeks of work on the employee's regular work schedule each year. The employee is entitled to use any paid leave available to the employee or to use unpaid leave for the employee's period of absence for military training.

The bill clarifies that a private employee is entitled to use any paid leave available to the employee or to use unpaid leave in order to engage in active service in the Colorado National Guard.

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

Fiscal Note

The bill enacts the "Interstate Teacher Mobility Compact" (compact). The compact is designed to make it easier for teachers, especially active military members and eligible military spouses, from one member state to receive a teacher's license from another member state.

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

Fiscal Note

Effective January 1, 2024, the bill:

• Reduces the individual and marriage and family therapy practice requirement for licensure as a marriage and family therapist from at least 2 years of post-master's or one year of postdoctoral practice to at least one year of post-master's or one year of postdoctoral practice; and
• Reduces the post-degree clinical supervised practice period required for an applicant for licensure as a licensed professional counselor from at least 2 years of post-master's practice or one year of postdoctoral supervised clinical practice to at least one year of post-master's or post-doctoral supervised clinical practice.
  (Note: This summary applies to this bill as introduced.)

Fiscal Note

During disaster emergencies, the state uses incident management teams to provide on-scene incident management support during incidents or events that exceed a local jurisdiction's capability or capacity. Some of these incident management teams are staffed by civil defense workers. Under current law, certain civil defense workers are not eligible to be compensated for their response. The bill removes this limitation and allows those civil defense workers to be compensated for their response.

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

Fiscal Note

The bill requires the office of future of work (office) to contract with a third party to study workforce transitions in Colorado's economy. The workforce transitions study (study) must:

• Evaluate the skill transferability of workers in the oil and gas industry and in occupations in Colorado that are facing the most disruption due to automation;
• Explore training availability, skills needed, and transition strategies; and
• Provide recommendations for programs and policies to prepare the workforce for these transitions.

On or before December 1, 2024, the office is required to submit a report of the study's research and findings to the governor and to the business, labor, and technology committee of the senate and the business affairs and labor committee of the house of representatives. The office is required to issue an update on the key findings of the study to the governor and legislative committees by August 1, 2024.For the 2023-24 state fiscal year, the bill requires the general assembly to appropriate $317,318 from the general fund to the department of labor and employment for use by the executive director's office.

(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

Section 1 of the bill increases the limit on medical impairment benefits based on mental impairment from 12 weeks to 36 weeks.Section 2 removes language authorizing an employee to petition the division of workers' compensation in the department of labor and employment (division) prior to receiving a replacement of any artificial member, glasses, hearing aid, brace, or other external prosthetic device, including dentures.Section 3 allows an employee to request a hearing when the employee's temporary total disability benefits end based on an attending physician's written release to return to regular employment.Section 4 specifies that when a physician recommends medical benefits after maximum medical improvement, the benefits admitted by the insurer or self-insured employer are not limited to any specific medical treatment.

Current law requires an insurance carrier to provide an independent medical examiner and all other parties a complete copy of all medical records in its possession pertaining to an injury. Section 5 limits the medical records required to be provided to records relevant to the injury. Section 5 also specifies how the division is required to determine the amount and allocation of costs to be paid by the parties for an independent medical examination.Section 6 allows a prehearing administrative law judge to issue interlocutory orders resolving disputes regarding the content and format of the independent medical examiner's medical record packet, indigency status, and the allocation of independent medical examiner costs.

Current law states that a contingent attorney fee exceeding 20% of the amount of contested benefits is presumed to be unreasonable. Section 7 increases the amount to 25%.
(Note: This summary applies to this bill as introduced.)

Fiscal Note

The bill creates a dependent allowance for an individual receiving unemployment compensation (eligible individual) for each of the eligible individual's dependents. The dependent allowance starts on July 1, 2025, is $35 per dependent per week, and increases annually for inflation if necessary. The bill defines "dependent" as a child of an eligible individual who receives at least half of the child's financial support from the eligible individual and who is:

• Under 18 years of age; or
• 18 years of age or older and incapable of self-care because of a mental or physical disability.

The bill requires the division of unemployment insurance to report to the general assembly regarding the dependent allowance annually, beginning August 31, 2025, and by August 31 of each year thereafter.

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

Fiscal Note

Under current law, a qualified business is allowed a tax credit in the amount of 50% of the costs to convert the qualified business to a form of employee ownership. The tax credit is capped at $25,000 for converting a qualified business to a worker-owned cooperative or employee ownership trust, and capped at $100,000 for converting a qualified business to an employee stock ownership plan.

The bill:

• Increases the cap for converting a qualified business to a worker-owned cooperative or employee ownership trust from $25,000 to $40,000, and increases the cap for converting a qualified business to an employee stock ownership plan from $100,000 to $150,000;
• Expands the tax credit to include 50% of the costs of a qualified employee-owned business expanding its employee ownership by at least 20%, not to exceed $25,000;
• Expands the tax credit to include 50% of the costs of a qualified business converting to or expanding an alternate equity structure, not to exceed $25,000. An alternate equity structure is a form of employee ownership where an employer grants to employees an employee stock ownership plan, LLC membership, phantom stock, profit interest, profit sharing, restricted stock, stock appreciation right, stock option, or synthetic equity.
• Specifies that a qualified business or qualified employee-owned business may apply for and claim only one credit for the conversion or expansion costs per tax year.
  (Note: This summary applies to this bill as introduced.)

Fiscal Note

Current law excludes expenses related to aviation training programs for commercial pilots from qualified higher education expenses. The bill expands the definition of "qualified higher education expense" to include commercial pilot aviation training course expenses for fees, books, supplies, and equipment if the course complies with the requirements of federal law and the federal aviation administration.

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

Fiscal Note

The bill makes the following changes to the agricultural workforce development program (program):

• Allows internships under the program to last for up to one year in duration; and
• Extends the repeal date of the program by 7 years to July 1, 2031 5 years to July 1, 2029.

(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

On January 1, 2024, the statewide paid family and medical leave insurance program will begin allowing covered individuals to take paid family and medical leave for qualifying reasons. The bill postpones the implementation of this program for one year, to January 1, 2025.

The bill requires the division of paid family and medical leave insurance to credit employers for premiums paid between January 1, 2023, and March 1, 2023, as an offset against premiums owed starting January 1, 2024.
(Note: This summary applies to this bill as introduced.)

Fiscal Note

The bill requires the department of higher education (department) to:

• Identify and designate state institutions of higher education (state institutions) as first-generation-serving institutions if the resident first-generation undergraduate population represents 45% or more of the institution's overall resident student population;
• Post on the department's website the names of the state institutions that are so designated; and
• Notify the state institutions that receive the designation.
  (Note: This summary applies to this bill as introduced.)

Fiscal Note

The bill imposes requirements for certain types of employers with regard to:

• The determination of employee work schedules;
• Employee requests for changes to work schedules; and
• Notices and posting of employee work schedules.

In addition to pay for hours worked by the employee, the bill requires certain types of employers to pay employees:

• Predictability pay when an employer makes certain changes to an employee's work schedule;
• Rest shortfall pay when an employee is required to work hours without a minimum period of rest after a prior shift;
• Retention pay when an employer provides work hours to a new employee without first offering the work hours to existing employees; and
• Minimum weekly pay in an amount that corresponds to 15% of the average weekly hours indicated on the employee's anticipated work plan, paid at the greater of the employee's regular rate of pay or the minimum wage, regardless of whether the employee works such hours.

The bill prohibits employers from discriminating or taking any adverse action against an employee based on the hours an employee is scheduled or actually works, the expected duration of employment, or the employee's desired work schedule. The bill also prohibits retaliation against an employee for attempting to exercise any right created in the bill. Employers are required to retain records demonstrating their compliance with the requirements of the bill.

A person who is aggrieved by a violation of the requirements of the bill may file a complaint with the division of labor standards and statistics (division) in the department of labor and employment or bring a civil action in district court. The division is authorized to investigate complaints and, upon determining that a violation occurred, to impose fines, penalties, or damages and award attorney fees and costs. The division is also authorized to bring a civil action to enforce the requirements of the bill. The bill includes protections for whistleblowers and establishes penalties for violations.

The director of the division is required to promulgate rules to implement the bill.

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

Fiscal Note

The bill requires the general assembly to annually appropriate $1.5 million from the general fund to the department of human services for continued employment support and job retention services and to continue to support work-based learning opportunities for Colorado employment first participants.
(Note: This summary applies to this bill as introduced.)

Fiscal Note

The bill prohibits an executive rule-making agency, on or after September 1, 2023, from amending an existing rule or adopting a new rule concerning the same subject matter as the existing rule for the 3 years following the existing rule's adoption. The following rules are exempt from the 3-year prohibition period:

• Rules required by state statute, federal statute, or federal regulation;
• Rules that the rule-making agency determines are imperatively necessary for the preservation of public health, safety, or welfare and for which compliance with the 3-year prohibition would be contrary to the public interest;
• Rules adopted as temporary or emergency rules, which remain effective for 120 days or less; and
• Rules that a member of the regulated community petitions to be amended and for which the rule-making agency grants the petition.
  (Note: This summary applies to this bill as introduced.)

Fiscal Note

The bill requires the state department of human services (state department) to contract with an independent third party to conduct a feasibility study to determine the feasibility of creating a system to support individuals with serious mental illness through a collaboration between Colorado's behavioral health and judicial systems.

The bill requires the state department to work with the behavioral health administration, department of local affairs, department of public safety, department of health care policy and financing, judicial department, and other state agencies to determine the eligibility requirements and application process for selecting the independent third party.

The bill requires the state department to submit a report detailing the findings and recommendations from the feasibility study to the general assembly, the governor's office, and impacted state agencies by December 31, 2023.

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

Fiscal Note

The bill creates a state income tax credit for employers who make a monetary contribution to an employee for use by the employee in purchasing a primary residence. The amount of the credit allowed is 5% of an employer's contribution to an employee, but the credit is capped at $5,000 per employee per year and an employer cannot receive a credit of more than $750,000 for all contributions made in a year to employees. The employee must use the money contributed for eligible expenses which include a down payment and closing costs, including fees for appraisals, mortgage origination, and inspections. An employee may authorize their employer to withhold a specified amount of the employee's earnings as an employee contribution into the savings account established by the employer that holds the employer contribution. If an employee ends their employment with the employer or if the employee intends to use the employee contribution in a manner that is not consistent with an eligible expense, the employee forfeits any unexpended amount of the employer contribution and the amount of the credit allowed to the employer for the employer contribution is subject to recapture. In such an occurrence, the employee is entitled to the employee contribution, plus any interest earned. The credit is not refundable but may be carried forward by the employer for a period of not more than 5 years. The amount contributed by the employer may be subtracted by the employee from the employee's federal taxable income for the purpose of determining their state taxable income; except that, if an employee forfeits the employer contribution, then the amount that the employee had subtracted from their federal taxable income is added back to their federal taxable income for the purpose of determining their state taxable income for the subsequent tax year. The executive director of the department of revenue may promulgate rules related to the implementation of the credit.
(Note: This summary applies to this bill as introduced.)

Fiscal Note

The bill amends the "Colorado Youth Employment Opportunity Act of 1971" (act) to allow aggrieved parties, including parents of children protected by the act, to pursue remedies at law and in equity for violations of the act, that are not within the scope of in addition to workers' compensation remedies, if:

• An injury occurs to a minor during a week when the employer intentionally required the minor to work hours in violation of those allowed by the act; or
• An injury occurs to a minor while the minor was engaging in work prohibited by the act.

The bill also clarifies that economic damages for claims in tort recovered by a party aggrieved by a violation of the act against the employer of a minor pursuant to the bill must be reduced by the amount of compensation and benefits that the minor or the minor's dependents received for the same harm through the employer's workers' compensation insurance.

(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 the department of labor and employment (department) to establish a teacher externship program to allow kindergarten through twelfth grade public school teachers (K-12 teachers) to participate in experiential learning opportunities with employers, outside of the school environment, to gain knowledge and expand their curriculum in the science, technology, engineering, and mathematics disciplines and other disciplines that may be of value to a particular school district.

The department is required to work with the department of education to select appropriate employers to participate in the externship program. Employers may be eligible for a tax credit for participation in the externship program. A K-12 teacher who participates in the externship program may receive compensation from the applicable school district or from the employer providing the externship and may apply for professional development credit and graduate school credits as part of the teacher license renewal requirements.

The director of the division of employment and training in the department is authorized to seek and accept gifts, grants, and donations for allocation to school districts for compensation for teachers who participate in an externship.

The bill requires the department to compile and report data on the externship program on an annual basis.

The bill creates a tax credit for employers that participate in the externship program.

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

Fiscal Note

The bill directs the office of future of work (office) in the department of labor and employment to create an apprenticeship navigator pilot program (program) with 2 full-time apprenticeship navigators, with each apprenticeship navigator assigned to a different school district selected by the office. The purpose of the program is to increase awareness of registered apprenticeship programs among graduating high school students in the selected school districts.

The bill also directs the office to promote apprenticeship programs to high school students by creating and maintaining a web-based job board of apprenticeships and incorporating apprenticeships in the state's career planning tools.

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

Fiscal Note

The bill defines "health-care provider" as a person that is licensed or otherwise authorized in this state to furnish a health-care service, which includes a hospital and other providers and health facilities.

The bill prohibits a health-care provider (provider) affiliated with or owned by a hospital or health system from charging a facility fee for health-care services furnished by the provider for:

• Outpatient services provided at an off-campus location or through telehealth; or
• Certain outpatient, diagnostic, or imaging services identified by the medical services board as services that may be provided safely, reliably, and effectively in nonhospital settings.

The bill:

• Requires a provider that charges a facility fee to provide notice to a patient that the provider charges the fee and to use a standardized bill that includes itemized charges identifying the facility fee, as well as other information;
• Requires the administrator of the all-payer health claims database to prepare an annual report of the number and amount of facility fees by payer, codes with the highest total paid amounts and highest volume, and other information; and
• Makes it a deceptive trade practice to charge, bill, or collect a facility fee when doing so is prohibited.
  (Note: This summary applies to this bill as introduced.)

Fiscal Note

The bill directs the state board of community colleges and occupational education (board) to administer the in-demand short-term credentials program (program) in order to support the expansion of the number of available and qualified professionals who are able to meet Colorado's in-demand workforce needs.

The bill appropriates $38.6 million from the general fund for this program. The board is required to allocate funds to community and technical colleges, area technical colleges, local district colleges, and Colorado Mesa university to provide assistance to students for eligible expenses that support their enrollment in eligible programs. If unexpended resources exist, the funds must be used to pay for a student's housing, transportation, or food expenses.

The bill requires the office of future work to provide grants to registered apprenticeship programs that provide training in the building and construction trade at no cost to apprentices. The bill appropriates $1.4 million from the general fund for this grant program.

The bill appropriates $5 million from the general fund to create 2 new short-term degree nursing programs at community or technical colleges.

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

Fiscal Note

The bill creates the task force on corporate housing ownership (task force) in the division of housing in the department of local affairs and directs the task force to examine data concerning home sales and home ownership in Colorado, including a quantification of:

• The total number of home sales that have occurred in Colorado since January 1, 2008, within certain sales price ranges;
• The total number of such home sales that resulted in the home being owned entirely or partially by a corporation;
• The total number of homes in each zip code of the state that are owned entirely or partially by a corporation; and
• The total number of homes in the state that are owned entirely or partially by a corporation and are unoccupied.

The task force must report its findings to the legislative committees of reference with jurisdiction over housing matters by October 1, 2025. The report must include legislative recommendations to address the issue of corporate ownership of housing in Colorado, including recommendations regarding the potential creation of a fee to be imposed upon corporations that own significant numbers of homes in Colorado, which fee could be used to fund a grant program to award grants to programs and organizations that address housing issues in Colorado.

The task force is repealed, effective September 1, 2027.

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

Fiscal Note

Currently, several local governments have laws restricting the growth of residential housing. The bill declares that the state has an interest in encouraging housing growth statewide, preempts any existing local housing growth restriction, and forbids the enactment or enforcement of any future local housing growth restriction, unless the local government has experienced a disaster emergency.

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

The bill creates new and modifies existing state tax incentives to maximize federal government funding for taxpayers engaged in semiconductor and advanced manufacturing in Colorado. Section 1 of the bill creates a refund mechanism, available from fiscal year 2023-24 through fiscal year 2028-29, that allows a taxpayer engaged in semiconductor or advanced manufacturing to apply for conditional approval of one or more types of income tax credits based on a specified project in the state and includes the maximum amount of credit for which the taxpayer may claim a refund of 80% . The income tax credit types that may be the basis for such a refund are:

• The three enterprise zone credits for qualified investments, business facility employees, and expenditures for research and experimental activities;
• The Colorado job growth incentive income tax credit; and
• Three semiconductor manufacturing zone (CHIPS zone) credits for qualified investments, business facility employees, and expenditures for research and experimental activities, which zones are created in Section 5. Semiconductor and advanced manufacturers must apply to the Colorado economic development commission (commission) for a refund certificate approving their project and setting the maximum amount of income tax credits that the manufacturer may claim as a refund in connection with the project. Approved projects must timely commence and credits must be earned within twelve years of approval by the commission. In reviewing applications, the commission must prioritize taxpayers engaged in semiconductor or advanced manufacturing that have received or applied to receive matching funds under the "American Rescue Plan Act of 2021", the "Creating Helpful Incentives to Produce Semiconductors and Science Act of 2022" (CHIPS Act), or other similar federal legislation.

The total amount of all refund certificates approved by the commission cannot exceed $15 million per fiscal year; except that, if less than $15 million is approved at the end of any fiscal year, the remaining amount is available for approval in the next fiscal year. The total amount of all refund certificates approved by the commission for all fiscal years from July 1, 2023, through June 30, 2029, cannot exceed $75 million.

Section 2 creates, within the office of economic development (office), a temporary task force comprised of state legislators, representatives of the office, and citizens with industry experience to study the effectiveness of financial incentives and other resources intended to attract and promote the development of advanced manufacturing and other science, technology, engineering, or math (STEM) companies in Colorado during the 2023 legislative interim. The task force is required to report its findings to the general assembly and the governor by a specified date.Sections 3 through 5 amend the enterprise zone income tax credits for qualified investments, business facility employees, and research and experimental activities to incorporate the refund mechanism created in section 1.Section 6 creates the CHIPS zone tax credit program. Similar to the enterprise zone tax credit program, a local government may propose an area for designation as a CHIPS zone, which designation may promote the local economy through incentivizing businesses to locate in the area. A taxpayer located in a CHIPS zone may be eligible to claim an income tax credit under existing enterprise zone statutes for the taxpayer's qualified investments, business facility employees, or research and experimental activities. However, the tax benefits of CHIPS zones are only available to taxpayers engaged in semiconductor manufacturing, as that term is defined under the CHIPS Act.

All CHIPS zone tax credits must be precertified by the CHIPS zone administrator. All such credits may be used to offset a taxpayer's liability or carried forward for a period not to exceed 12 years. Or, if the credits are included in a refund certificate approved by the commission pursuant to section 1, they may be used to claim a refund of 80% of the total amount of the credits.

CHIPS zones may be modified or terminated in the discretion of the commission between income tax years 2023 and 2040; however, all CHIPS zones will terminate as a matter of law on December 31, 2040.

Section 7 modifies the Colorado job growth incentive tax credit to provide for an award of credit to taxpayers engaged in an advanced manufacturing or semiconductor manufacturing project that brings a net job growth of a least 20 jobs with an average yearly wage of at least 75% of the average yearly wage of the county in which the taxpayer is located. Such taxpayers are the only subset of recipients of the Colorado job growth incentive tax credit that may pursue a refund in accordance with section 1.
(Note: This summary applies to this bill as introduced.)

The bill requires that, to receive an associate degree through the Colorado re-engaged initiative, a student must not have transferred to an initiative institution after earning 15 or more credit hours from a community college or occupational education institution.
(Note: This summary applies to this bill as introduced.)

The bill creates the Colorado adult high school program (program) in the office responsible for adult education within the department of education (department). The purpose of the program is to create a pathway for Coloradans who are 21 years of age or older and do not have a high school diploma to attend high school and earn a diploma at no cost. Students may also earn industry-recognized certificates or college credits at no cost.

The bill requires the department to partner with a Colorado community-based nonprofit organization (organization) to operate the program. The department is required to select an organization to act as the education provider for the program. The education provider is required to:

• Secure and maintain a building for the program;
• Contribute funding annually for operating and facility costs;
• Hire educators and school personnel, including life coaches who help students navigate academic and personal challenges;
• Establish an academic accountability system with the approval of the department;
• Establish minimum graduation requirements;
• Award Colorado high school diplomas to students who successfully complete the program;
• Use an evidence-based educational model that has proven effective through a randomized control trial or an experimental study;
• Develop in-person courses;
• Develop online courses for students who take classes in person but demonstrate academic readiness for remote course work;
• Consult with a nonprofit organization that has successfully implemented an evidence-based educational model for adults in another state;
• Serve all students, regardless of immigration status;
• Enroll no more than 400 students at one time;
• Comply with state and federal laws concerning students with disabilities, including students with accommodations pursuant to section 504 of the federal "Rehabilitation Act of 1973";
• Create individualized education programs for students with disabilities;
• Collaborate with local district colleges, community colleges, area technical colleges, or local career and technical education programs to ensure access to courses that can lead students to graduate with industry-recognized certificates;
• Fund industry-recognized certificate programs at no cost to students;
• Create a plan to authorize teachers to teach courses for college credit;
• Operate a licensed, on-site child care center for students with children; and
• Offer transportation assistance to students who enroll in the program.

The department is required to establish a fair and transparent request for proposal process in order to select an organization to operate the program. The request for proposal process must include input from the office within the department responsible for adult education.

The request for proposals must include:

• A plan for student enrollment, including students with disabilities;
• A plan to secure and maintain a building;
• Proposed curriculum and academic accountability standards for a student-centered course of study that can result in a Colorado high school diploma;
• Evidence of the effectiveness of the evidence-based educational model to be implemented by the program;
• A plan to hire and maintain a staff of educators and other school personnel;
• Proof of access to the money annually required to sustain the program;
• A plan to establish and operate an on-site licensed child care center; and
• A plan to offer transportation services to students.

On or before July 31, 2025, and every July 31 thereafter, an education provider is required to report to the department on the status of the program. On or before November 30, 2025, and every November 30 thereafter, the department is required to report the status of the program to the house of representatives education committee and the senate education committee, or their successor committees, including but not limited to:

• Student demographic data disaggregated by race, ethnicity, socioeconomic status, age, gender, and disability;
• Accountability measure outcomes; and
• The number of industry-recognized certificates, college credits, and overall average credit attainment that students earn each term.
  (Note: This summary applies to this bill as introduced.)

Fiscal Note

Under current law, a mental health professional must be licensed by the department of education (department) in order to work in a school. The bill authorizes a school or a school district, the state charter school institute, and a board of cooperative services that operates a school, or the division of youth services to employ certain mental health professionals school-based therapists who are not licensed by the department but hold a Colorado license for their profession to work in coordination with licensed special service providers coordinating mental health supports for students . Before being employed, the mental health professional school-based therapists must satisfy other requirements for nonlicensed school employees, including a fingerprint-based criminal background check. Any mental health professional school-based therapists employed may be supervised by a mentor special services provider in the field in which the person is employed or a licensed administrator.

(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

Wildfire Matters Review Committee. Section 1 of the bill directs the Colorado state forest service (state forest service) to consult with other entities to develop educational materials relating to career opportunities in forestry and wildfire mitigation for distribution to high school guidance counselors to provide to high school students.Section 2 creates the timber, forest health, and wildfire mitigation industries workforce development program (development program) in the state forest service. The development program provides partial reimbursement to timber businesses and forest health or wildfire mitigation entities for the costs of hiring interns.Section 3 requires the state treasurer, on June 30, 2023, and on June 30 each year thereafter, to transfer $1 million from the general fund to the wildfire mitigation capacity development fund for allowable uses of the fund.Sections 4, 5, and 6 authorize the expansion of existing forestry programs, including wildfire mitigation, and the creation of a new forestry program within the community college system and at Colorado mountain college (forestry programs). The bill provides for the acquisition of a harvesting simulator to train students, which may be shared among the forestry programs. The bill includes funding for the forestry programs within the community college system and at Colorado mountain college through limited purpose fee-for-service contracts and grants.Section 7 directs the state board for community colleges and occupational education (board) to administer the recruitment of wildland fire prevention and mitigation educators program (recruiting program) to increase the number of qualified educators at community colleges, area technical colleges, and local district colleges that deliver a wildfire prevention and mitigation program or course. The bill appropriates $250,000 from the general fund for the 2023-24 and for the 2024-25 state fiscal years for the recruiting program.
(Note: This summary applies to this bill as introduced.)

Fiscal Note

In 2019, the rural opportunity office (office) began its work in the office of economic development. The bill codifies the office. The director of the office is designated by and reports to the director of the office of economic development.

The office is required to serve as Colorado's central coordinator of rural economic development matters with certain staff physically located in rural communities across Colorado, work with coal transitioning communities to explore unique business and economic development opportunities, make recommendations that inform the governor's policy on rural economic development matters, and measure the success of program outreach and determine whether Colorado's rural communities receive more statewide funding as a result of the efforts of the office.

(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

Current law requires adult education providers (providers) that participate in the department of education's (department) adult education and literacy grant program (program) to offer eligible adults basic education in literacy and numeracy. The bill adds "digital literacy" to the basic education offered to eligible adults.

The bill describes services that providers may offer to eligible adults. The bill amends the reporting requirements for providers of the program.

The bill allows community colleges, area technical colleges, and local district colleges (colleges) to develop minimum graduation requirements for a high school diploma based on the minimum high school graduation guidelines adopted by the state board of education. Colleges are authorized to award high school diplomas to students who successfully complete the colleges' minimum high school graduation requirements.

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

Fiscal Note

The bill creates several opportunities for youth, defined as the age of eligibility for membership in the Colorado youth advisory council, to be involved in the review of the state's education standards. Youth representatives shall be appointed as follows:

• The commissioner of education (commissioner) shall appoint youth representatives from nominations submitted by schools throughout the state to participate in the standards development process, which includes community engagement;
• The commissioner shall appoint 2 youth representatives to any regional educator meetings; and
• Each local education provider shall appoint 2 youth representatives to any review committees for local education providers.

In each instance, the appointing authority shall select the youth representatives from nominations submitted by schools throughout the state, and, if applicable when possible , one must be from an urban area and one must be from a rural area.

Youth representatives will serve as voting members of the committees and may be reappointed pursuant to each committee's process. The department of education (department) may compensate youth representatives for actual expenses incurred with participation, and, if appropriate, provide a stipend in an amount determined by the department.

The department shall promote the opportunities for youth involvement and request schools nominate youth to participate.

(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 allows an employee to use accrued paid sick leave when the employee needs to:

• Care for a family member whose school or place of care has been closed due to inclement weather, loss of power, loss of heating, loss of water, or other unexpected occurrence or event that results in the closure of the family member's school or place of care; or
• Grieve, attend funeral services or a memorial, or deal with financial and legal matters that arise after the death of a family member ; or
• Evacuate the employee's place of residence due to inclement weather, loss of power, loss of heating, loss of water, or other unexpected occurrence or event that results in the need to evacuate the employee's residence.

(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 updates the veterinary education loan repayment program in the following ways:

• The number of qualified applicants per year is increased from 4 to 6;
• The requirement that an applicant must have graduated from an accredited veterinary school in 2017 or later is eliminated;
• The total amount an applicant is eligible for over a 4-year period is increased from $70,000 to $90,000;
• The yearly repayment amounts for successful applicants are increased; and
• The state treasurer is required to transfer $540,000 from the general fund to the veterinary education loan repayment fund on September 1, 2023.
  (Note: This summary applies to this bill as introduced.)

Fiscal Note

Current law specifies that a covered individual's weekly paid family and medical leave benefit is determined based on the individual's average weekly wage earned during the covered individual's base period or alternative base period from the job or jobs from which the covered individual is taking paid family and medical leave, which excludes from the calculation recent wages from previous jobs. The bill eliminates the limit on calculating the benefit based on the average weekly wage earned only from the job or jobs from which the individual is taking paid family and medical leave.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Fiscal Note

The bill extends the maximum length of an employment contract between a state system of higher education, or a campus of a state institution of higher education, and an individual who has a non-tenure-track classroom teaching or librarian appointment from 3 years to 5 years.

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

Fiscal Note

The office of future of work (OFW) was created in the department of labor and employment (department) by executive order of the governor in 2019 for the purpose of studying unemployment assistance. The bill creates the OFW in statute and expands the duties of the OFW. The purpose of the OFW is to:

• Identify opportunities for Colorado's communities to transition effectively to emerging industries;
• Ensure the inclusion of key stakeholders and engage partnerships across public and private sectors;
• Host, organize, and convene task forces, summits, and other appropriate meetings with diverse stakeholders, designed to improve the state's understanding of the social and economic impacts of the changing nature of work;
• Explore ways that the state can prepare for current and future impacts, including through the modernization of worker benefits and protections, the development of a skilled and resilient workforce through coordination of registered apprenticeship programs, and the identification of new policy and program solutions; and
• Undertake studies, research, and factual reports related to issues of concern and importance to Colorado's future workforce.

The executive director of the department is required to submit a report to the governor, at least once per calendar year, that includes recommendations for potential policy initiatives.

In 2021, House Bill 21-1007 created the state apprenticeship agency (SAA) in the department. The bill amends Colorado statutes to enable the United States department of labor's office of apprenticeship to recognize Colorado's state apprenticeship agency and authorize the SAA to register and oversee apprenticeship programs. To conform with regulations promulgated by the United States secretary of labor under the federal "National Apprenticeship Act", the bill:

• Modifies references to apprenticeships in Colorado statutes;
• Changes the state apprenticeship council to the council for apprenticeship in the building and construction trades; and
• Changes the interagency advisory committee on apprenticeship to the council for apprenticeship in new and emerging industries.
  (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Fiscal Note

The bill prohibits the state, counties, cities and counties, municipalities, school districts, and any of their departments, institutions, or agencies from making it a condition of employment that an applicant for employment or current or past employee or a prospective employee (employee) executes a contract or other form of agreement that prohibits, prevents, or otherwise restricts the employee or prospective employee from disclosing factual circumstances concerning the individual's employee's employment with the government (nondisclosure agreement) unless the nondisclosure agreement is necessary to prevent disclosure of:

• The employee's identity, facts that might lead to the discovery of the employee's identity, or factual circumstances relating to the employment that reasonably implicate legitimate privacy interests held by the employee who is a party to the agreement if the employee elects to restrict such disclosure ; or
• Matters required to be kept confidential by federal law or rules, the state constitution, or state statute, or matters bearing on the specialized details of security arrangements or investigations.
• Data, information, including personal identifying information, or matters that are required to be kept confidential by federal law or regulations, the state constitution, or state law or rules;
• Trade secrets or other confidential or sensitive information provided to or made accessible to the employee by a contractor or prospective contractor of the employee's employer during the procurement process or while the contractor is providing goods or services to the employee's employer if the protection of such information is needed to ensure successful procurement or provision of the goods or services; or
• Information bearing on the specialized details of security arrangements or investigations.

For an employer that is the state or a department, institution, or agency of the state, a nondisclosure agreement is also allowed if it is necessary to prevent disclosure of:

• Nonpublic and confidential labor relations positions and strategies;
• Attorney work product;
• Vendor lists and vendor preferences; or
• State business-related information received from a third party that the third party has designated confidential.

For an employer that is a county, a city and county, a municipality, or a department, institution, or agency of a county, a city and county, or a municipality, a nondisclosure agreement is also allowed if it is necessary to prevent disclosure of:

• Trade secrets or other confidential or sensitive information provided to or made accessible to the employee by an employer's current or prospective customer, contractor, lessee, lessor, business partner, or affiliate; or
• Trade secrets or other confidential or sensitive information provided to or made accessible to the employee by a purchaser or seller of property that is engaged in negotiations or under contract with the employer.

The bill prohibits nondisclosure agreements that prohibit employees of the state, counties, city and counties, municipalities, school districts, or any of their departments, institutions, or agencies from disclosing factual circumstances concerning their employment. To the extent that an employer includes any such provision in any employment contract or agreement, the provision is deemed to be against public policy and unenforceable against a current or former an employee who is a party to the contract or agreement unless the provision is intended to prevent disclosure of:

• The employee's identity, facts that might lead to the discovery of the employee's identity , or factual circumstances implicating relating to the employment that reasonably implicate the employee's legitimate privacy interests if the employee elects to restrict such disclosure ; matters required to be kept confidential by federal law or rules, the state constitution, or state statute, or matters bearing on the specialized details of security arrangements or investigations.
• Data, information, including personal identifying information, or matters that are required to be kept confidential by federal law or regulations, the state constitution, or state law or rules;
• Trade secrets or other confidential or sensitive information provided to or made accessible to the employee by a contractor or prospective contractor of the employee's employer during the procurement process or while the contractor is providing goods or services to the employee's employer if the protection of such information is needed to ensure successful procurement or provision of the goods or services; or
• Information bearing on the specialized details of security arrangements or investigations.

The bill prohibits the state, counties, city and counties, municipalities, and school districts, or any of their departments, institutions, or agencies from taking any retaliatory materially adverse employment-related action, including withdrawal of an offer of employment, against an individual employee on the grounds that the individual employee does not enter into a contract or agreement deemed to be against public policy and unenforceable under the bill. The bill also states that the taking of a materially adverse employment-related action after an employee has refused to enter into such a contract or agreement is prima facie evidence of retaliation and that any person who enforces or attempts to enforce a contract or agreement provision deemed to be against public policy and unenforceable under the bill is liable for the employee's reasonable attorney fees and costs in defending against the action.The bill requires an action to enforce a provision of the bill to be brought in the district court for the district in which the employee is primarily employed. A settlement agreement between an employer that is subject to the bill and an employee of the employer must be signed by both the employer and the employee.

(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

Starting July 1, 2024, the bill prohibits employers from inquiring about a prospective employee's age, date of birth, and dates of attendance at or date of graduation from an educational institution on an initial employment application.

An employer may request an individual to verify compliance with age requirements imposed pursuant to or required by:

• A bona fide occupational qualification pertaining to public or occupational safety;
• A federal law or regulation; or
• A state or local law or regulation based on a bona fide occupational qualification.

The department of labor and employment (department) is charged with enforcing the requirements of the bill and may issue warnings and orders of compliance for violations and, for second or subsequent violations, impose civil penalties. A violation of the restrictions does not create a private cause of action. The department is directed to adopt rules regarding procedures for handling complaints against employers.

For the 2023-24 state fiscal year, the bill requires the general assembly to appropriate $56,468 from the general fund to the department for use by the division of labor standards and statistics for program costs related to labor standards.

(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

For the career development success program (program), the bill removes the requirement for successful completion of a qualified industry pre-apprenticeship program and the requirement for successful completion of a qualified industry apprenticeship.

Current law requires the general assembly to annually appropriate $1 million to the department of education for the program. Beginning in the 2023-24 budget year, and each budget year thereafter, the bill increase the appropriation to $10 million.

The bill requires a school district or charter school participating in the program to receive 120% of the per-pupil amount for each pupil who is eligible for free or reduced-price lunch and who successfully earned an industry certificate by completing a qualified industry-credential program, a qualified workplace training program, or a qualified advanced placement course.

The bill authorizes a participating school district or participating charter school to contract with a third party to provide specified services under the program.

The bill extends the repeal date from September 1, 2024, to September 1, 2034.

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

Fiscal Note

The bill requires the department of corrections (department) to operate a pilot program, known as the "re-imagine program" (program), at the Sterling correctional facility to provide program participants with resources to support their rehabilitation and to reduce recidivism. The program is facilitated by a program board comprised of program participants and department staff. The program board shall review applications for participation in the program and approve applicants in accordance with program rules.

The program must provide training in trades and other employment-focused activities, education in skills beneficial for a participant following release from confinement, and mental health sessions. The program board shall create a program plan for each participant based on the participant's individual case and risk factors.

The bill requires the general assembly to appropriate money to fund the program through state fiscal year 2027-28. The department is required to annually report to the general assembly about the program. The pilot program is repealed June 30, 2028. The bill requires the department, in its annual reports in 2027 and 2028, to recommend whether to continue the program and whether to expand the program to other correctional facilities.

(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 except in certain circumstances . Instead, a physician assistant must enter into a collaborative agreement with an employer, physician, a physician or podiatrist or physician group . The physician or podiatrist must be licensed in good standing in Colorado and be actively practicing with a regular and reliable physical presence in the state.

The collaborative agreement must include:

• The physician assistant's name, license number, and primary location of practice;
• The signature of the physician assistant and the person physician or physician group with whom the physician assistant has entered into the collaborative agreement;
• A general description of the physician assistant's process for collaboration;
• A description of the performance evaluation process, which may be completed by the physician assistant's employer in accordance with a performance evaluation and review process established by the employer; and
• Any additional requirements specific to the physician assistant's practice required by the employer, physician, or podiatrist employer or by the physician or physician group entering into the collaborative agreement, including additional levels of oversight, limitations on autonomous judgment, and the designation of a primary contact for collaboration.

For a physician assistant with fewer than 5,000 practice hours, or a physician assistant changing practice areas with fewer than 3,000 practice hours in the new practice area , the collaborative agreement is a supervisory agreement which must include required elements and must also:

• Require that collaboration during the first 160 practice hours be completed in person or through technology, as permitted by the physician or physician group with whom the physician assistant is collaborating ;
• Incorporate elements defining the expected nature of collaboration; and
• Require a performance evaluation and discussion of the performance evaluation with the physician assistant.

The bill also requires physician assistants who have been practicing for less than 3 years to satisfy certain financial responsibility requirements from which such physician assistants are exempt under current law.

(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 continues the Colorado student leaders institute program and changes responsibility for the program from the department of higher education to the department of education. The change shifts oversight of the program from a governor-appointed executive board to the state board of education.

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

Fiscal Note

As an alternative route to teacher licensure, the bill creates a teacher degree apprenticeship program (apprenticeship program), which builds on elements of current alternative teacher licensure programs, including a bachelor's degree requirement, training programs approved by the state department of education (CDE), and structured on-the-job training. The apprenticeship program is run collaboratively with the United States department of labor apprenticeship office of apprenticeship (DOL office) and the state apprenticeship office (state office) and utilizes apprentice mentor teachers and teacher apprenticeship program sponsors.

The bill allows CDE to issue a teacher apprenticeship authorization (authorization) to a person (apprentice) who is employed by a school district, board of cooperative services, charter school, or institute charter school (school) who is actively registered in an apprenticeship program, and who is actively enrolled in an affiliated bachelor's degree program from an accredited institution. The authorization is valid for 4 years while the apprentice completes the bachelor's degree requirement of the program. CDE may renew the authorization for 2 years. up to 2 successive terms, in increments of 2 years, as necessary for the apprentice to fulfill the apprenticeship requirements. An authorization is invalid if the apprentice withdraws from any part of the apprenticeship program or fails to make satisfactory progress.

Upon application from an entity with expertise in apprenticeship or teacher preparation, CDE shall authorize the entity to serve as a teacher apprenticeship program sponsor (sponsor). Applications to serve as a sponsor must include a proposed work process schedule and related instruction required by the DOL office and state office . CDE shall review each application and approve or disapprove the sponsor. If approved, the sponsor may apply to CDE for approval of an apprenticeship program.

An apprenticeship program must meet the following criteria:

• Be registered with the DOL office;
• Incorporate a bachelor's degree program from an accredited institution in a related field of study relative to the licensure type; and
• Incorporate on-the-job training in meaningful and time-saving ways.

Every 5 years after apprenticeship program approval, CDE shall consult with the DOL office concerning the federally required audit of the apprenticeship program to ensure the apprenticeship program continues to meet requirements.

The state board of education is authorized to promulgate rules for the implementation of the apprenticeship program.

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

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

Fiscal Note

Committee on Legal Services. Based on the findings and recommendations of the committee on legal services, the bill extends all state agency rules that were adopted or amended on or after November 1, 2021, and before November 1, 2022, with the exception of certain rules of the following agencies, as specifically listed in the bill:

• The rule of the administrator of the uniform consumer credit code and commission on consumer credit concerning the "Colorado Student Loan Equity Act"; and
• The air quality control commission's rule concerning the control of lead hazards.

Those specified rules will expire as scheduled in the "State Administrative Procedure Act" on May 15, 2023, on the grounds that the rules conflict with statute.

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

Fiscal Note

Current law authorizes the director of the division of labor standards and statistics in the department of labor and employment (director) to create and administer a process to accept and mediate complaints, to provide legal resources concerning alleged wage inequity, and to promulgate rules as necessary for this purpose. The bill changes these authorizations to requirements.

Additionally, the bill requires the director to:

• Investigate complaints or other leads concerning wage inequity;
• Upon finding of a violation, order compliance and relief; and
• Promulgate rules to enforce the bill.

The bill also requires an employer to:

• For each job opportunity or promotional opportunity where the employer is considering more than one candidate, follow specific guidelines for posting the opportunity;
• For all job opportunities and promotional opportunities, provide specific information to employees regarding the candidate selected for the opportunity; and
• For all objectively defined career progressions, disclose the requirements for career progression and the terms of compensation, benefits, status, duties, and access to further advancement.
  (Note: This summary applies to this bill as introduced.)

Fiscal Note

The "National Labor Relations Act" does not apply to federal, state, or local governments and the "Colorado Labor Peace Act" excludes governmental entities, with an exception for mass transportation systems, leaving public employees without the protection afforded by these labor laws. The bill grants certain public employees, including individuals employed by counties, municipalities, fire authorities, school districts, public colleges and universities, library districts, special districts, public defender's offices, the university of Colorado hospital authority, the Denver health and hospital authority, the general assembly, and a board of cooperative services, the right to:

• Discuss or express views regarding public employee representation or workplace issues;
• Engage in protected, concerted activity for the purpose of mutual aid or protection;
• Fully participate in the political process while off duty and not in uniform, including speaking with members of the public employer's governing body on terms and conditions of employment and any matter of public concern and engaging in other political activities in the same manner as other citizens of Colorado without discrimination, intimidation, or retaliation; and
• Organize, form, join, or assist an employee organization or refrain from organizing, forming, joining, or assisting an employee organization.

The bill also prohibits certain public employers from discriminating against, coercing, intimidating, interfering with, or imposing reprisals against a public employee for engaging in any of the rights granted.

The Colorado department of labor and employment (department) is charged with enforcing any alleged violation of these rights and is granted rule-making authority. A party may appeal the department's final decision to the Colorado court of appeals. The bill requires the court of appeals to give deference to the department.

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

Fiscal Note

Joint Budget Committee. The bill authorizes the state treasurer to transfer $5 million from the general fund to the Colorado economic development fund. The bill requires the Colorado office of economic development (office) to use the transferred money in connection with the federal "Creating Helpful Incentives to Produce Semiconductors (CHIPS) and Science Act of 2022". The bill also requires the office to submit an annual report to the joint budget committee detailing how the office is expending the transferred money.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Fiscal Note

In 2019, the general assembly created the Colorado state apprenticeship resource directory (directory), which is a directory established by the department of labor and employment (department) that lists registered apprenticeship program sponsors that operate programs in Colorado. The bill amends the information the department requires apprenticeship programs to submit for the purpose of eliminating confusion and gathering concise information to share with individuals considering apprenticeships.

The bill also requires the department to include information regarding each program's registration information and registered apprenticeship program standards in the directory.

The bill requires the department, in its efforts to promote awareness of the directory, to conduct annual outreach that includes providing technical assistance and resources to promote apprenticeship openings.

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

Fiscal Note

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

• Directs the Colorado civil rights division (division) to include "harassment" as a basis or description of discrimination on any charge form or charge intake mechanism;
• Adds a new definition of "harass" or "harassment" and repeals the current definition of "harass" that requires creation of a hostile work environment;
• Adds protections from discriminatory or unfair employment practices for individuals based on their "marital status";
• Specifies that in harassment claims, the alleged conduct need not be severe or pervasive to constitute a discriminatory or unfair employment practice;
• For purposes of the exception to otherwise discriminatory practices for an employer that is unable to accommodate an individual with a disability who is otherwise qualified for the job, eliminates the ability for the employer to assert that the individual's disability has a significant impact on the job as a rationale for the employment practice;
• Specifies that it is a discriminatory or an unfair employment practice for an employer to fail to initiate an investigation of a complaint or to fail to take prompt, reasonable, and remedial action;
• Specifies the requirements for an employer to assert an affirmative defense to an employee's proven claim of unlawful harassment by a supervisor; and
• Specifies the requirements that must be satisfied for a nondisclosure provision in an agreement between an employer and an employee or a prospective employee to be enforceable.
  (Note: This summary applies to this bill as introduced.)

Fiscal Note

The bill establishes the universal high school scholarship program (program) in the office of economic development (office) to provide scholarships for the 2024-25 academic year to students who pursue an in-demand or high-priority postsecondary pathway, including degrees, certificates, and registered apprenticeships, with a provider on the eligible training provider lists disseminated by the department of labor and employment, a provider in the Colorado state apprenticeship resource directory, a public or private institution of higher education operating in Colorado, or an organization approved by the office (service providers).

The office, or a vendor contracted by the office, administers the program. The office shall develop policies and procedures necessary to administer the program.

A student is eligible for the program if the student graduated from a Colorado high school or was awarded a high school equivalency credential during the 2023-24 academic year; completes the free application for federal student aid or the Colorado application for state financial aid; and did not receive a grant from the Colorado opportunity scholarship initiative.

Scholarships are awarded in the following priority: To all eligible students who intend to enroll at a service provider to pursue an in-demand or high-priority postsecondary pathway, then to other eligible students who intend to enroll at a service provider. Each scholarship award is for up to $1,500. Scholarship money is distributed to the service provider for use by the student for tuition, fees, and books.

The bill requires the office to contract with vendors to provide postsecondary and career advising at schools identified by the office.

The bill requires the general assembly to appropriate $25 million for the program.

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

Housing needs planning. The executive director of the department of local affairs (director) shall, no later than December 31, 2024, and every 5 years thereafter, issue methodology for developing statewide, regional, and local housing needs assessments. The statewide housing needs assessment must determine existing statewide housing stock and current and future housing needs. The regional housing needs assessments must allocate the addressing of housing needs identified in the statewide housing needs assessment to regions of the state. Similarly, the local housing needs assessments must allocate the addressing of the housing needs allocated in the regional housing needs assessment to localities in the relevant region.

The director shall, no later than December 31, 2024, issue guidance on creating a housing needs plan for both a rural resort job center municipality and an urban municipality. Following this guidance, no later than December 31, 2026, and every 5 years thereafter, a rural resort job center municipality and an urban municipality shall develop a housing needs plan and submit that plan to the department of local affairs (department). A housing needs plan must include, among other things, descriptions of how the plan was created, how the municipality will address the housing needs it was assigned in the local housing needs assessment, affordability strategies the municipality has selected to address its local housing needs assessment, an assessment of displacement risk and any strategies selected to address identified risks, and how the locality will comply with other housing requirements in this bill.

The director shall, no later than December 31, 2024, develop and publish a menu of affordability strategies to address housing production, preservation, and affordability. Rural resort job center municipalities and urban municipalities shall identify at least 2 of these strategies that they intend to implement in their housing plan, and urban municipalities with a transit-oriented area must identify at least 3.

The director shall, no later than December 31, 2024, develop and publish a menu of displacement mitigation measures. This menu must, among other things, provide guidance for how to identify areas at the highest risk for displacement and identify displacement mitigation measures that a locality may adopt. An urban municipality must identify which of these measures it intends to implement in its housing plan to address any areas it identifies as at an elevated risk for displacement.

The director shall, no later than March 31, 2024, publish a report that identifies strategic growth objectives that will incentivize growth in transit-oriented areas and infill areas and guide growth at the edges of urban areas. The multi-agency advisory committee shall, no later than March 31, 2024, submit a report to the general assembly concerning the strategic growth objectives.

The bill establishes a multi-agency advisory committee and requires that committee to conduct a public comment and hearing process on and provide recommendations to the director on:

• Methodologies for developing statewide, regional, and local housing needs assessments;
• Guidance for creating housing needs plans;
• Developing a menu of affordability strategies;
• Developing a menu of displacement mitigation measures;
• Identifying strategic growth objectives; and
• Developing reporting guidance and templates.

A county or municipality within a rural resort region shall participate in a regional housing needs planning process. This process must encourage participating counties and municipalities to identify strategies that, either individually or through intergovernmental agreements, address the housing needs assigned to them. A report on this process must be submitted to the department. Further, within 6 months of completing this process, a rural resort job center municipality shall submit a local housing needs plan to the department. Once a year, both rural resort job centers and urban municipalities shall report to the department on certain housing data.

A multi-agency group created in the bill and the division of local government within the department shall provide assistance to localities in complying with the requirements of this bill. This assistance must include technical assistance and a grant program.

Accessory dwelling units. The director shall promulgate an accessory dwelling unit model code that, among other things, requires accessory dwelling units to be allowed as a use by right in any part of a municipality where the municipality allows single-unit detached dwellings as a use by right. The committee shall provide recommendations to the director for promulgating this model code. In developing these recommendations, the committee shall conduct a public comment and hearing process.

Even if a municipality does not adopt the accessory dwelling unit model code, the municipality shall adhere to accessory dwelling unit minimum standards established in the bill and by the department. These minimum standards, among other things, must require a municipality to:

• Allow accessory dwelling units as a use by right in any part of the municipality where the municipality allows single-unit detached dwellings as a use by right;
• Only adopt or enforce local laws concerning accessory dwelling units that use objective standards and procedures;
• Not adopt, enact, or enforce local laws concerning accessory dwelling units that are more restrictive than local laws concerning single-unit detached dwellings; and
• Not apply standards that make the permitting, siting, or construction of accessory dwelling units infeasible.

Middle housing. The director shall promulgate a middle housing model code that, among other things, requires middle housing to be allowed as a use by right in any part of a rural resort job center municipality or a tier one urban municipality where the municipality allows single-unit detached dwellings as a use by right. The committee shall provide recommendations to the director for promulgating this model code. In developing these recommendations, the committee shall conduct a public comment and hearing process.

Even if a rural resort job center municipality or a tier one urban municipality does not adopt the middle housing model code, the municipality shall adhere to middle housing minimum standards established in the bill and by the department. These minimum standards, among other things, must require a municipality to:

• Allow middle housing as a use by right in certain areas;
• Only adopt or enforce local laws concerning middle housing that use objective standards and procedures;
• Allow properties on which middle housing is allowed to be split by right using objective standards and procedures;
• Not adopt, enact, or enforce local laws concerning middle housing that are more restrictive than local laws concerning single-unit detached dwellings; and
• Not apply standards that make the permitting, siting, or construction of middle housing infeasible.

Transit-oriented areas. The director shall promulgate a transit-oriented area model code that, among other things, imposes minimum residential density limits for multifamily residential housing and mixed-income multifamily residential housing and allows these developments as a use by right in the transit-oriented areas of tier one urban municipalities. The committee shall provide recommendations to the director for promulgating this model code. In developing these recommendations, the committee shall conduct a public comment and hearing process.

Even if a tier one urban municipality does not adopt the transit-oriented model code, the municipality shall adhere to middle housing minimum standards established in the bill and by the department. These minimum standards, among other things, must require a municipality to:

• Create a zoning district within a transit-oriented area in which multifamily housing meets a minimum residential density limit and is allowed as a use by right; and
• Not apply standards that make the permitting, siting, or construction of multifamily housing in transit-oriented areas infeasible.

Key corridors. The director shall promulgate a key corridor model code that applies to key corridors in rural resort job center municipalities and tier one urban municipalities. The model code must, among other things, include requirements for:

• The percentage of units in mixed-income multifamily residential housing that must be reserved for low- and moderate-income households;
• Minimum residential density limits for multifamily residential housing; and
• Mixed-income multifamily residential housing that must be allowed as a use by right in key corridors.

The committee shall provide recommendations to the director for promulgating this model code. In developing these recommendations, the committee shall conduct a public comment and hearing process.

Even if a rural resort job center municipality or a tier one urban municipality does not adopt the key corridor model code, the municipality shall adhere to key corridor minimum standards promulgated by the director and developed by the department. These minimum standards, among other things, must identify a net residential zoning capacity for a municipality and must require a municipality to:

• Allow multifamily residential housing within key corridors that meets the net residential zoning capacity as a use by right;
• Not apply standards that make the permitting, siting, or construction of multifamily housing in certain areas infeasible; and
• Not adopt, enact, or enforce local laws that make satisfying the required minimum residential density limits infeasible.

The committee shall provide recommendations to the director on promulgating these minimum standards. In developing these recommendations, the committee shall conduct a public comment and hearing process.

Adoption of model codes and minimum standards. A relevant municipality shall adopt either the model code or local laws that satisfy the minimum standards concerning accessory dwelling units, middle housing, transit-oriented areas, and key corridors. Furthermore, a municipality shall submit a report to the department demonstrating that it has done so. If a municipality fails to adopt either the model code or local laws that satisfy the minimum standards by a specified deadline, the relevant model code immediately goes into effect, and municipalities shall then approve any proposed projects that meet the standards in the model code using objective procedures. However, a municipality may apply to the department for a deadline extension for a deficiency in water or wastewater infrastructure or supply.Additional provisions. The bill also:

• Requires the advisory committee on factory-built structures and tiny homes to produce a report on the opportunities and barriers in state law concerning the building of manufactured homes, mobile homes, and tiny homes;
• Removes the requirements that manufacturers of factory-built structures comply with escrow requirements of down payments and provide a letter of credit, certificate of deposit issued by a licensed financial institution, or surety bond issued by an authorized insurer;
• Prohibits a planned unit development resolution or ordinance for a planned unit with a residential use from restricting accessory dwelling units, middle housing, housing in transit-oriented areas, or housing in key corridors in a way not allowed by this bill;
• Prohibits a local government from enacting or enforcing residential occupancy limits that differ based on the relationships of the occupants of a dwelling;
• Modifies the content requirements for a county and municipal master plan, requires counties and municipalities to adopt or amend master plans as part of an inclusive process, and requires counties and municipalities to submit master plans to the department;
• Allows a municipality to sell and dispose of real property and public buildings for the purpose of providing property to be used as affordable housing, without requiring the sale to be submitted to the voters of the municipality;
• Requires the approval process for manufactured and modular homes to be based on objective standards and administrative review equivalent to the approval process for site-built homes;
• Prohibits a municipality from imposing more restrictive standards on manufactured and modular homes than the municipality imposes on site-built homes;
• Prohibits certain municipalities from imposing minimum square footage requirements for residential units in the approval of residential dwelling unit construction permits;
• Requires certain entities to submit to the Colorado water conservation board (board) a completed and validated water loss audit report pursuant to guidelines that the board shall adopt;
• Allows the board to make grants from the water efficiency grant program cash fund to provide water loss audit report validation assistance to covered entities;
• Allows the board and the Colorado water resources and power development authority to consider whether an entity has submitted a required audit report in deciding whether to release financial assistance to the entity for the construction of a water diversion, storage, conveyance, water treatment, or wastewater treatment facility;
• Prohibits a unit owners' association from restricting accessory dwelling units, middle housing, housing in transit-oriented areas, or housing in key corridors;
• Requires the department of transportation to ensure that the prioritization criteria for any grant program administered by the department are consistent with state strategic growth objectives, so long as doing so does not violate federal law;
• Requires any regional transportation plan that is created or updated to address and ensure consistency with state strategic growth objectives;
• Requires that expenditures for local and state multimodal projects from the multimodal transportation options fund are only to be made for multimodal projects that the department determines are consistent with state strategic growth objectives; and
• For state fiscal year 2023-24, appropriates $15,000,000 from the general fund to the housing plans assistance fund and makes the department responsible for the accounting related to the appropriation.
  (Note: This summary applies to this bill as introduced.)

Joint Budget Committee. For the purpose of funding monthly housing stipends for department of corrections staff from July 2023 through February 2024, the bill requires the state treasurer to transfer $4,913,753 from the state employee reserve fund (SERF) to the general fund on July 1, 2023.
(Note: This summary applies to this bill as introduced.)

Fiscal Note

Joint Budget Committee. Current law requires the general assembly to transfer money to the preschool programs cash fund from the general fund or the state education fund in the 2023-24 and 2024-25 fiscal years. Beginning in the 2024-25 fiscal year, the amount transferred is required to increase by the rate of inflation.

The bill repeals those requirements and instead requires the general assembly to appropriate money to the department of early childhood from the general fund for the 2023-24 fiscal year for purposes of the Colorado universal preschool program. Beginning in the 2024-25 fiscal year, and each year thereafter, the amount appropriated must increase annually by the rate of inflation.
(Note: This summary applies to this bill as introduced.)

Fiscal Note

Joint Budget Committee. During the 2021 legislative session, the general assembly transferred $10,000,000 from the general fund to the public school capital construction assistance fund (fund) and appropriated this money for air quality improvement grants for schools. Of the money transferred and appropriated for air quality improvement grants, $4,705,220 remains in the fund and has not been distributed. The appropriation for fiscal year 2021-22 has expired. The bill specifies that the unspent money transferred and appropriated for air quality improvement grants must not be used for air quality improvement grants and instead must be used for financial assistance as provided in the "Building Excellent Schools Today Act".

Also during the 2022 legislative session, the general assembly scheduled a transfer of $30,000,000 from the marijuana tax cash fund to the fund for June 1, 2023. The bill repeals this scheduled transfer before it occurs.

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

Fiscal Note

Joint Budget Committee. The bill amends the wage theft enforcement fund (fund) to allow the division of labor standards and statistics (division) in the department of labor and employment (department) to use money in the fund to pay employees who are owed money from their employers due to obligations and liabilities related to the payment of wages or other compensation. If an employer fails to fulfill the order to pay an employee that results from a wage claim or an investigation within 6 months after the division issues a citation and notice of assessment to the employer or, if the employer requests a hearing, within 6 months after the hearing officer issues a decision, the bill allows the division to pay the employee, from the fund, the amount of money owed by the employer. The bill specifies that after the division pays the employee, the employee cannot recover that payment amount from the employer, the division shall continue to pursue payment from the employer, and any money recovered from the employer by the division will be credited to the fund.

The bill requires the division to promulgate rules specifying procedures for employees to request payments and criteria for the division to make determinations on employee requests.

The bill also continuously appropriates money in the fund to the division for the purpose of making payments to employees and excludes the fund from the limit on cash fund reserves.

For the 2023-24 state fiscal year, the bill appropriates $12,657 from the fund to the department for use by the executive director's office for personal services.

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

Fiscal Note

Joint Budget Committee. For purposes of complying with requirements of the "Federal Unemployment Tax Act", the bill reduces employer premium rates by 10% across all rates in the standard premium rate schedule. Additionally, the bill creates a schedule for the support surcharge rate (schedule), which is used to establish contributions to the employment support fund, to the employment and training technology fund, and to the benefit recovery fund. The new schedule uses the same methodology as is used in calculating an employer's percent of excess, which is the percentage resulting from the calculation of an employer's excess of premiums paid over benefits charged, divided by the average chargeable payroll.

The bill changes the cap on the amount of money in the employment support fund at the end of any state fiscal year, from an amount calculated based on a portion of the employer premium plus $17 million, to a total of $32.5 million for the next state fiscal year, which amount is adjusted annually based on changes in average weekly earnings.

The bill expands the authorized use of money in the Title XII repayment fund to allow the division of unemployment insurance (division) in the department of labor and employment (department) to use the money for costs associated with bonds or notes issued by the division, including interest on the bonds or notes.

The bill eliminates the requirement for employers to submit premium reports to the division and instead requires employers to submit wage reports.

The bill adjusts the appropriations in the annual general appropriation act for the 2023-24 state fiscal year to the department for use by the division as follows:

• Decreases the general fund appropriation for program costs related to labor standards by $899,537; and
• Increases the cash funds appropriation from the employment support fund for program costs related to labor standards by $899,537.
  (Note: This summary applies to this bill as introduced.)

Fiscal Note

Joint Budget Committee. The bill requires a county that seeks to use county department employees (employees) to deliver employment services that are funded through the federal "Wagner-Peyser Act" to create a merit system for the selection, retention, and promotion of these employees. The bill requires each county's merit system to conform to specific standards. If a county already has a system in place, the county is required to update the system to comply with the standards.
(Note: This summary applies to this bill as introduced.)

Fiscal Note

The bill amends the "Uniform Consumer Credit" (code) by:

• Updating the renewal dates for entities required to be licensed under the code from January 31 of each year to July 1 of each year;
• Creating the consumer credit unit cash fund, into which all fees collected under the code on and after July 1, 2024, must be deposited; and
• Repealing the uniform consumer credit code cash fund and the collection agency cash fund and transferring the balances remaining in the funds to the consumer credit unit cash fund.

The bill amends language in the "Colorado Fair Debt Collection Practices Act" relating to the duty of the code administrator to maintain confidentiality to align with the code and the "Colorado Student Loan Equity Act".

The bill amends the "Colorado Student Loan Equity Act" by:

• Requiring licensed entities to include an annual report upon application for license renewal;
• Amending the term "private education loan" to "private education credit" and updating corresponding terms accordingly;
• Defining the term "refinanced" and excluding student loans subject to refinancing from registration requirements; and
• Including a cosignor within the definition of "borrower".
  (Note: This summary applies to this bill as introduced.)