The information contained herein is updated as of today's date.
Rocky Mountain Farmers Union

HB23-1008 Food Accessibility 
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Food Accessibility
Sponsors: M. Weissman (D) / R. Fields (D) | N. Hinrichsen (D)
Summary:

Section 2 of the act appropriates $250,000 to the prevention services division (division) within the department of public health and environment to partner with a statewide nonprofit organization to provide healthy eating program incentives among low-income populations in the state and must attempt to improve access to fresh Colorado-grown fruits and vegetables among low-income populations in the state. The nonprofit organization that the division selects for partnership must have experience in supporting healthy eating incentives programs and experience with coordinating healthy eating programs and funding between local, state, and federal programs.

Section 3 requires individual taxpayers to add an amount of federal taxable income equal to their federal deduction for business meals to their state income tax liability for the 2024 through 2030 income tax years. Section 4 requires the same of corporate taxpayers.

Section 5 creates a refundable tax credit for both small food retailers and small family farms that purchase certain systems or equipment (purchasers) and a member of the community food consortium for small food retailers and Colorado-owned and Colorado-operated farms (the consortium) that completes its duties and responsibilities. For the 2024 income tax year, the tax credit is equal to 85% of the cost of the amount spent by a member of the consortium on completing its duties and 85% of the cost of the systems or equipment purchased by purchasers. For income tax years 2025 through 2030, the tax credit is equal to 75% of the cost of the systems or equipment purchased by the small food retailers and small family farms and 75% of the amount spent by a member of the consortium on completing its duties.

Section 6 modifies the small food business recovery and resilience grant program (grant program). Section 6:

  • Allows the department of agriculture to award grants of up to $50,000, rather than $25,000;
  • Allows the department to annually award a grant to a grantee, rather than only once;
  • Modifies the definition of "small food retailer" to include food retailers with less than 10,000 square feet or retail space, rather than less than 5,000 square feet of retail space; and
  • Extends the repeal date of the grant program from September 1, 2027, to September 1, 2031.

For the 2023-24 state fiscal year, $360,413 from the general fund is appropriated to the department of agriculture and $44,411 is appropriated to the department of law to provide legal services for the department of agriculture, which consists of money reappropriated from a portion of the appropriation made to the department of agriculture.

APPROVED by Governor June 2, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

Status: 6/2/2023 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


HB23-1011 Consumer Right To Repair Agricultural Equipment 
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
News: Colorado bill would help farmers seek affordable, independent equipment repairs
Short Title: Consumer Right To Repair Agricultural Equipment
Sponsors: B. Titone (D) | R. Weinberg (R) / N. Hinrichsen (D) | J. Marchman (D)
Summary:

Usually, an owner of agricultural equipment must seek diagnostic, maintenance, or repair services of the equipment from the agricultural equipment manufacturer (manufacturer).

Starting January 1, 2024, the act requires a manufacturer to provide parts, embedded software, firmware, tools, or documentation, such as diagnostic, maintenance, or repair manuals, diagrams, or similar information (resources), to independent repair providers and owners of the manufacturer's agricultural equipment to allow an independent repair provider or owner to conduct diagnostic, maintenance, or repair services on the owner's agricultural equipment. A manufacturer's failure to comply with the requirement to provide resources is a deceptive trade practice.

The act folds agricultural equipment into the existing consumer right-to-repair statutes and adds data to the list of resources that a manufacturer must provide to independent repair providers or owners. An independent repair provider or owner is not authorized to make any modifications to agricultural equipment that deactivates a safety notification system or brings the equipment out of compliance with safety or emissions laws or to engage in any conduct that would evade emissions, copyright, trademark, or patent laws.

If an agricultural equipment manufacturer enters into a nationwide memorandum of understanding regarding right-to-repair agricultural equipment, the manufacturer is still obligated to meet the requirements of this act.

If Congress enacts federal legislation regarding the right to repair agricultural equipment, this act will be repealed.

APPROVED by Governor April 25, 2023

EFFECTIVE January 1, 2024

NOTE: This act was passed without a safety clause.
(Note: This summary applies to this bill as enacted.)

Status: 4/25/2023 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


HB23-1051 Support For Rural Telecommunications Providers 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Support For Rural Telecommunications Providers
Sponsors: M. Lukens (D) | R. Holtorf (R) / D. Roberts (D) | R. Pelton (R)
Summary:

The high cost support mechanism provides high cost support funding to telecommunications and broadband service providers that provide service in high-cost areas of the state. The high cost support mechanism was scheduled to conclude on December 1, 2023. The act continues support funding from the high cost support mechanism to 12 rural telecommunications providers in Colorado until September 1, 2024. The date aligns with the department of regulatory agencies' 2023 sunset review of the high cost support mechanism and the final determination of the high cost support mechanism by the general assembly in 2024.

APPROVED by Governor March 23, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

Status: 3/23/2023 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


HB23-1060 Updates To State Forest Service Tree Nursery 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Updates To State Forest Service Tree Nursery
Sponsors: T. Story (D) / L. Cutter (D)
Summary:

The act requires the Colorado state forest service to make certain upgrades and improvements to its seedling tree nursery in order to expand its capacity and its ability to contribute to reforestation efforts in the state. The act extends the applicable repeal date to January 1, 2026.

House Bill 22-1323, concerning updates to the Colorado state forest service seedling tree nursery, appropriated $5,000,000 for the 2022-23 state fiscal year to the department of higher education for use by the board of governors of the Colorado state university system, and the act further appropriates the unexpended amount through the 2024-25 state fiscal year.

For the 2023-24 state fiscal year, the act appropriates $5,382,500 from the general fund to the department of higher education for use by the board of governors of the Colorado state university system for the Colorado state forest service seedling tree nursery. The act requires that any unexpended money appropriated pursuant to the act remain available for expenditure through the 2024-25 state fiscal year.

APPROVED by Governor May 15, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

Status: 5/15/2023 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


HB23-1069 Study Biochar In Plugging Of Oil And Gas Wells 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Study Biochar In Plugging Of Oil And Gas Wells
Sponsors: K. McCormick (D) | J. Amabile (D) / L. Cutter (D) | K. Priola (D)
Summary:

The act creates the biochar in oil and gas well plugging working advisory group (work group) in the oil and gas conservation commission (commission).

The act also requires Colorado state university (university) to conduct various studies and laboratory work on the use of biochar in the plugging of oil and gas wells and, no later than June 1, 2024, report the results of the studies and laboratory work to the work group. If, based on the report, the work group determines that a pilot program to study the use of biochar in the plugging of oil and gas wells would have a positive impact on the state, the work group must direct the university to make recommendations regarding the development of a pilot program.

No later than December 1, 2024, the university must submit a draft report of its recommendations to the work group. No later than December 15, 2024, the university shall, in consultation with the work group, create a final report and submit the final report to the director of the commission.

For the 2023-24 state fiscal year, the act appropriates $370,140 from the oil and gas conservation and environmental response fund (fund) to the department of higher education for use by the board of governors of the university for the work group.

For the 2023-24 state fiscal year, the act appropriates $5,600 from the fund to the department of natural resources for use by the commission for program costs related to the act.

APPROVED by Governor May 18, 2023

EFFECTIVE May 18, 2023
(Note: This summary applies to this bill as enacted.)

Status: 5/18/2023 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


HB23-1081 Employee Ownership Tax Credit Expansion 
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Employee Ownership Tax Credit Expansion
Sponsors: W. Lindstedt (D) | R. Taggart (R) / N. Hinrichsen (D)
Summary:

Under the 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 has been capped at $25,000 for converting a qualified business to a worker-owned cooperative or employee ownership trust and $100,000 for converting a qualified business to an employee stock ownership plan.

The act:

  • Increases the caps for converting a qualified business to a worker-owned cooperative or employee ownership trust from $25,000 to $40,000, and 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 mechanism under which an employer grants to employees a form of employee ownership, including an employee stock ownership plan, LLC membership, phantom stock, profit interest, restricted stock, stock appreciation right, stock option, or synthetic equity.
  • Establishes certain minimum requirements for an alternate equity structure and requires the Colorado office of economic development in the office of the governor to develop guidelines for the types of employee ownership grants that qualify as an alternate equity structure; and
  • 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.

APPROVED by Governor May 23, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

Status: 5/23/2023 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


HB23-1087 Fiscal Rule Advance Payment Charitable Food Grants 
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Fiscal Rule Advance Payment Charitable Food Grants
Sponsors: M. Catlin (R) | B. McLachlan (D) / D. Roberts (D) | P. Will (R)
Summary:

The act creates an additional exception to the general prohibition on advance payment in the state's fiscal rule by directing the controller to promulgate rules providing for advance payment for the purchase of state agricultural products by a charitable food organization using state grant money.

APPROVED by Governor March 31, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

Status: 3/31/2023 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


HB23-1094 Extend Agricultural Workforce Development Program 
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Extend Agricultural Workforce Development Program
Sponsors: M. Lukens (D) | M. Catlin (R) / D. Roberts (D) | R. Pelton (R)
Summary:

The act extends the duration of internships under the agricultural workforce development program from up to 6 months to up to one year. The act also extends the repeal date of the program by 5 years, to July 1, 2029.

APPROVED by Governor April 25, 2023

EFFECTIVE April 25, 2023
(Note: This summary applies to this bill as enacted.)

Status: 4/25/2023 Governor Signed
Status History: Status History
Amendments:
Fiscal Notes:

Fiscal Note


HB23-1125 Modernize Process To Obtain Water Well Information 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Modernize Process To Obtain Water Well Information
Sponsors: M. Lukens (D) | T. Winter (R) / C. Simpson (R) | J. Marchman (D)
Summary:

Current law requires that the owner of a groundwater well (well) permit file any change in name or contact information with the state engineer in person, by mail, or by fax. The act removes the requirement that the filing be in person, by mail, or by fax.

Current law requires the buyers of certain wells to complete a change in owner name form before the closing of the transaction. The act removes the requirement that the form be submitted before the closing of the transaction.

The act clarifies that if an existing well being sold has not been registered with the division of water resources (division), the buyer of the well must submit a registration of existing well form to the division within 63 days after closing the transaction.

Current law states that the division is responsible for obtaining the necessary well registration information from the buyer after the purchase of a well. The act removes this requirement and clarifies that a person who provides a closing service in connection with the purchase of a well must submit a change in owner name form for the well to the division, even if the well has not yet been registered with the division.

If a change in owner name form does not include a well permit number, the act requires the division to instruct the buyer of a well to complete a new change in owner name form or registration of existing well form and requires the buyer to submit the applicable form to the division.

APPROVED by Governor March 31, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

Status: 3/31/2023 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


HB23-1220 Study Republican River Groundwater Economic Impact 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Study Republican River Groundwater Economic Impact
Sponsors: R. Holtorf (R) | K. McCormick (D) / B. Pelton (R) | R. Pelton (R)
Summary:

In 1942, Colorado entered into an interstate compact (compact) with Nebraska and Kansas regarding the allocation of water from the Republican river basin (basin). Colorado ratified the compact in 1943. In 2016, Colorado, Nebraska, and Kansas signed a resolution (resolution) regarding a dispute about Colorado's compliance with the compact, through which resolution and its amendment Colorado agreed to retire 25,000 acres of irrigated acreage in the basin by 2029.

The act requires the Colorado water center (center) in the Colorado state university to study the anticipated economic effects of the forced elimination of groundwater withdrawals within and surrounding the Colorado portion of the Republican river basin that could occur if Colorado fails to comply with the resolution. The center is required to prepare a progress report and, on or before January 1, 2026, a final report of the center's findings and conclusions from the study and to post both reports on the center's website. The center must present the progress and final reports to certain legislative committees.

For the 2023-24 state fiscal year, the act appropriates $146,286 from the general fund to the department of higher education for allocation to the Colorado water center.

APPROVED by Governor June 3, 2023

EFFECTIVE June 3, 2023
(Note: This summary applies to this bill as enacted.)

Status: 6/3/2023 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


HB23-1242 Water Conservation In Oil And Gas Operations 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Water Conservation In Oil And Gas Operations
Sponsors: A. Boesenecker (D) | J. Joseph (D) / L. Cutter (D) | K. Priola (D)
Summary:

The act requires an oil and gas operator in the state (operator), on or before September 1, 2023, on a monthly basis, with respect to each oil and gas well, and on or before January 1, 2024, and quarterly thereafter, with respect to the operator's oil and gas operations generally, to report information to the Colorado oil and gas conservation commission (commission) regarding the operator's use of water entering, utilized at, or exiting each of the operator's wells or oil and gas locations, including information on the recycling and reuse of produced water.

The act also requires the commission to adopt rules, on or before December 31, 2024, requiring a statewide reduction in usage of fresh water and a corresponding increase in usage of recycled or reused water in oil and gas operations.

From the information reported to the commission under the act, the commission is required to:

  • Include the information as part of the commission's annual reporting on cumulative impacts of oil and gas operations; and
  • Report to the legislative energy committees a summary of the reported information on or before April 1, 2025.

The act creates the Colorado produced water consortium in the department of natural resources (department) to make recommendations to state agencies and the general assembly regarding the recycling and reuse of produced water, develop guidance documents to promote best practices for in-field recycling and reuse of produced water, and analyze and report on:

  • Existing produced water infrastructure, storage, and treatment facilities;
  • The volume of produced water in different oil and gas basins available for recycling and reuse; and
  • Additional infrastructure, storage, and technology needed to achieve different levels of recycling and reuse of produced water throughout the state.

Annually starting in 2024, the consortium is required to update the legislative energy committees on the consortium's work, and the executive director of the department is required to report on the consortium's recommendations as part of the department's annual "SMART Act" presentation to a joint committee of the general assembly.

The act repeals the consortium on September 1, 2030, subject to a sunset review by the department of regulatory agencies.

The act appropriates:

  • $464,512 from the oil and gas conservation and environmental response fund to the department of natural resources for use by the commission for program costs; and
  • $30,169 from the perfluoroalkyl and polyfluoroalkyl substances cash fund to the department of public health and environment for use by the water quality control division for personal services related to the drinking water program.

APPROVED by Governor June 7, 2023

EFFECTIVE June 7, 2023
(Note: This summary applies to this bill as enacted.)

Status: 6/7/2023 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


HB23-1247 Assess Advanced Energy Solutions In Rural Colorado 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Assess Advanced Energy Solutions In Rural Colorado
Sponsors: M. Lukens (D) | T. Winter (R) / D. Roberts (D) | R. Pelton (R)
Summary:

The director of the Colorado energy office or the director's designee (director) is required to conduct studies of electric transmission and advanced energy solutions technologies in rural Colorado. One study must consider ways to assist northwestern and west end of Montrose county, Colorado as it transitions to producing advanced firm dispatchable energy resources. The other study must consider the potential for the development of new energy resources in southeastern Colorado. The act specifies information that the director is required to consider in the studies.

On or before July 1, 2025, the director is required to submit the director's findings and conclusions of both studies to the legislative committees of reference with jurisdiction over energy matters and to the just transition office.

The act appropriates $50,000 from the just transition cash fund to the office of the governor for use by the Colorado energy office to implement the act.

APPROVED by Governor May 20, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

Status: 5/22/2023 Signed by Governor
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


SB23-006 Creation Of The Rural Opportunity Office 
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Creation Of The Rural Opportunity Office
Sponsors: D. Roberts (D) | J. Rich (R) / B. McLachlan (D) | M. Catlin (R)
Summary:

The act codifies the rural opportunity office (office), which began its work in the office of economic development in 2019. 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.

For the 2023-24 state fiscal year, $299,193 is appropriated from the general fund to the office of the governor for use by economic development programs for implementation of the act.

APPROVED by Governor May 20, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

Status: 5/20/2023 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


SB23-010 Water Resources And Agriculture Review Committee 
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Water Resources And Agriculture Review Committee
Sponsors: J. Bridges (D) | C. Simpson (R) / B. McLachlan (D)
Summary:

The act removes a reference to the water resources and agriculture review committee (committee) being an interim committee and removes an outdated reference to past legislation in the legislative declaration. The act also removes limitations on the number of meetings and the number of field trips the committee may hold in a calendar year and requires the committee to meet at least 4 times during each calendar year.

APPROVED by Governor March 10, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

Status: 3/10/2023 Governor Signed
Status History: Status History
Amendments:
Fiscal Notes:

Fiscal Note


SB23-012 Commercial Motor Carrier Enforcement Safety Laws 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Commercial Motor Carrier Enforcement Safety Laws
Sponsors: F. Winter (D) | N. Hinrichsen (D) / M. Catlin (R) | M. Froelich (D)
Summary:

The act changes the amount of civil penalties that may be levied on commercial motor carriers for failure to comply with rules for the safe operation of commercial vehicles by tying the amount of civil penalties to the amount of federal civil penalties for interstate commercial motor carriers.

If a motor carrier fails to pay civil penalties within 30 days or to cooperate with the completion of a safety compliance review within 30 days, the act authorizes the department of revenue to both enter the noncompliant motor carrier and its vehicles as out-of-service in the federal motor carrier safety administration system of record and cancel or deny registration to the noncompliant motor carrier.

For the 2023-24 state fiscal year, the act appropriates $61,110 to the department of revenue from the DRIVES vehicle services account in the highway users tax fund to implement this act, of which $8,910 is reappropriated to the office of the governor for use by the office of information technology to provide services to the department of revenue.

APPROVED by Governor May 12, 2023

PORTIONS EFFECTIVE August 7, 2023

PORTIONS EFFECTIVE April 30, 2024

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die; except that, section 42-4-235 (2)(d)(I)(B) and section 42-3-120 (3)(a)(II) take effect April 30, 2024.
(Note: This summary applies to this bill as enacted.)

Status: 5/12/2023 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


SB23-016 Greenhouse Gas Emission Reduction Measures 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Greenhouse Gas Emission Reduction Measures
Sponsors: C. Hansen (D) / K. McCormick (D) | E. Sirota (D)
Summary:

The length of the bill summary for this bill requires it to be published on a separate page here:

https://leg.colorado.gov/sb23-016-bill-summary

APPROVED by Governor May 11, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

Status: 5/11/2023 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


SB23-027 Food Pantry Assistance Grant Program 
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Food Pantry Assistance Grant Program
Sponsors: L. Cutter (D) / T. Story (D)
Summary:

For the 2023-24 state fiscal year through the 2026-27 state fiscal year, the bill appropriates $3 million annually money from the general fund to the food pantry assistance grant program.

The bill repeals the food pantry assistance grant program, effective July 1, 2028.

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


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

Status: 5/11/2023 House Committee on Appropriations Lay Over Unamended - Amendment(s) Failed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


SB23-038 Prohibit Equine Slaughter For Human Consumption 
Comment:
Position: Oppose
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Prohibit Equine Slaughter For Human Consumption
Sponsors: S. Jaquez Lewis (D) / L. Garcia (D)
Summary:

Section 1 of the bill establishes the crime of unlawful equine slaughter. A person engages in unlawful equine slaughter if the person:

  • Slaughters an equine when the person knows or reasonably should know that any part of the equine will be used for human consumption;
  • Possesses, imports into the state, exports from the state, buys, sells, gives away, or accepts an equine with the intent of killing, or having another person kill, the equine if the person knows or reasonably should know that any part of the equine will be used for human consumption; or
  • Possesses, imports into the state, exports from the state, buys, sells, gives away, or accepts equine meat if the person knows or reasonably should know that the meat will be used for human consumption.

Section 1 provides a safe harbor to the offense for equine slaughtered for use by a facility in feeding predators housed at the facility.

Each equine that is unlawfully slaughtered and each 100 pounds of equine meat derived from unlawful slaughter is a separate offense. A first violation is a class 1 misdemeanor with a mandatory minimum fine of $1,000, and a second or subsequent violation within a 10-year period is a class 5 felony with a mandatory minimum fine of $5,000. If a person obtains the equine by fraud and commits unlawful equine slaughter, it is a class 4 felony with a mandatory minimum fine of $10,000. In addition, a person that commits unlawful equine slaughter is forever prohibited from owning, possessing, or caring for an equine and from participating in a public livestock market for 3 to 5 years.

Sections 2 and 3 require notice of the crime of unlawful equine slaughter to be given at livestock auctions and on bills of sale.
(Note: This summary applies to this bill as introduced.)

Status: 3/16/2023 Senate Second Reading Lost with Amendments - Committee, Floor
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


SB23-044 Veterinary Education Loan Repayment Program 
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Veterinary Education Loan Repayment Program
Sponsors: J. Ginal (D) | R. Pelton (R) / K. McCormick (D) | T. Winter (R)
Summary:

The act updates the veterinary education loan repayment program in the following ways:

  • Increases the number of qualified applicants per year from 4 to 6;
  • Eliminates the requirement that an applicant must have graduated from an accredited veterinary school in 2017 or later;
  • Increases the total amount an applicant is eligible for over a 4-year period from $70,000 to $90,000;
  • Increases the yearly repayment amounts for successful applicants; and
  • Requires the state treasurer to transfer $540,000 from the general fund to the veterinary education loan repayment fund on September 1, 2023.

APPROVED by Governor June 2, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

Status: 6/2/2023 Governor Signed
Status History: Status History
Amendments:
Fiscal Notes:

Fiscal Note


SB23-050 Eligibility For Agricultural Future Loan Program 
Comment:
Position: Support
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Eligibility For Agricultural Future Loan Program
Sponsors: C. Simpson (R) | D. Roberts (D) / R. Holtorf (R) | K. McCormick (D)
Summary:

The act expands the scope of the Colorado agricultural future loan program by amending the following definitions as follows:

  • Includes in the definition of "eligible business" entities that will be in operation in the near future;
  • Includes in the definition of "eligible farmer or rancher" farmers and ranchers that will own or operate a farm or ranch; and
  • Includes in the definition of "farm-to-market infrastructure loan" the development or manufacturing of technology designed to benefit farmers and ranchers.

The act also removes the repeal of the loan program.

APPROVED by Governor March 22, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

Status: 3/22/2023 Governor Signed
Status History: Status History
Amendments:
Fiscal Notes:

Fiscal Note


SB23-057 County Treasurer No Longer Ex Officio District Treasurer 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: County Treasurer No Longer Ex Officio District Treasurer
Sponsors: J. Rich (R) / R. Taggart (R)
Summary:

County treasurers have been ex officio district treasurers for drainage districts, irrigation districts, and internal improvement districts that provide services related to drainage and ditches (collectively, district). The act removes the duty of the county treasurer to be the ex officio district treasurer and requires district treasurers to be appointed by the board of directors of the district. The act also clarifies that the former duties of the county treasurer as the ex officio district treasurer are now solely duties of the district treasurer.

Additionally, the act clarifies that irrigation district assessments and internal improvement district assessments are distributed in alignment with current law for the distribution of assessments collected by county treasurers and updates the amount of fees a county treasurer can charge and receive for collecting drainage and irrigation district assessments to 0.25% upon all money collected by the county treasurer for assessments beginning on and after January 1, 2026.

APPROVED by Governor April 3, 2023

EFFECTIVE January 1, 2024

NOTE: This act was passed without a safety clause.
(Note: This summary applies to this bill as enacted.)

Status: 4/3/2023 Governor Signed
Status History: Status History
Amendments:
Fiscal Notes:

Fiscal Note


SB23-058 Job Application Fairness Act 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News: Bill banning employers from asking for age in job applications sent to Polis
Short Title: Job Application Fairness Act
Sponsors: J. Danielson (D) | S. Jaquez Lewis (D) / J. Willford (D) | M. Young (D)
Summary:

Starting July 1, 2024, the act 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 act allows an employer to request or require an individual to provide additional application materials, including copies of certifications, transcripts, and other materials created by third parties, at the time of an initial employment application if the employer notifies the individual that the individual may redact information that identifies the individual's age, date of birth, or dates of attendance at or graduation from an educational institution.

The department of labor and employment (department) is charged with enforcing the requirements of the act 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, $56,468 is appropriated from the general fund to the department for use by the division of labor standards and statistics to pay program costs related to labor standards.

APPROVED by Governor June 2, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

Status: 6/2/2023 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


SB23-059 State Parks And Wildlife Area Local Access Funding 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: State Parks And Wildlife Area Local Access Funding
Sponsors: M. Baisley (R) | D. Roberts (D) / M. Catlin (R) | B. McLachlan (D)
Summary:

The act requires the parks and wildlife commission (commission) to promulgate rules authorizing a local government to request that the division of parks and wildlife (division) charge an additional per vehicle fee, not to exceed $2, for each daily vehicle pass issued for a state park or wildlife area in the local government's geographic boundary. Upon the request, the commission must establish the fee, which will be collected on and after January 1, 2025, and transferred, minus an administrative deduction, to the local access route cash fund created by the act and then distributed to local governments to maintain and operate local access routes. The fee will be adjusted every 5 years for inflation or deflation.

The division of parks and wildlife is required to collaborate with local governments to identify and study issues surrounding local access route transportation infrastructure and funding deficits and sources of funding for the routes. The division is given factors to consider and must seek input from the department of transportation and the department of local affairs before completing the study. Based on the study, the division must make legislative recommendations to the general assembly by November 1, 2024, regarding sources of funding or partnerships to assist in the maintenance of local access routes and state park services.

To implement this act, $411,000 is appropriated to the department of natural resources for use by the division of parks and wildlife from the parks and outdoor recreation cash fund.

APPROVED by Governor May 19, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

Status: 5/19/2023 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


SB23-092 Agricultural Producers Use Of Agrivoltaics 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Agricultural Producers Use Of Agrivoltaics
Sponsors: C. Simpson (R) | C. Hansen (D) / K. McCormick (D) | M. Soper (R)
Summary:

In support of the use of agrivoltaics, which is the integration of solar energy generation facilities with agricultural activities, the act authorizes the agricultural drought and climate resilience office (office) to award grants for new or ongoing demonstration or research projects that demonstrate or study the use of agrivoltaics.

The Colorado water conservation board (board), in consultation with the state engineer, the Colorado energy office, and the Colorado water institute, is required to study the feasibility of using floatovoltaics, which are solar energy generation facilities placed over, near, or floating on irrigation canals or reservoirs. On or before January 1, 2025, the board shall submit a written report of its findings and conclusions from the study to the legislative committees of reference with jurisdiction over agricultural matters.

The director of the division of parks and wildlife is required to consult on the impacts on wildlife of:

  • Any research projects for which the office awards money to study the use of agrivoltaics; and
  • A project that the board finances to study the feasibility of using floatovoltaics in the state.

The act exempts certain agrivoltaic equipment from property taxation if the equipment is used in the required manner and amends the statutory definition of "solar energy facility", used in determining the valuation of public utilities for property tax purposes, to include agrivoltaics and floatovoltaics.

The act requires the commissioner of agriculture (commissioner) to study greenhouse gas reduction and carbon sequestration opportunities in the agricultural sector, including soil health management practices, the use of dry digesters, and the potential for creating and offering a certified greenhouse gas offset program and credit instruments in the agricultural sector. To perform the study, the commission must consult with the Colorado energy office, the air quality control commission, the natural and working lands task force, the Colorado state forest service, and an institution of higher education with expertise in climate change mitigation, adaptation benefits, and other environmental benefits related to agricultural research. On or before October 1, 2024, the commissioner shall submit to the general assembly a progress report on the study and, on or before October 1, 2025, a final report, which must include any legislative and regulatory recommendations.

The commissioner, in consultation with the Colorado energy office and the air quality control commission, may adopt rules to implement recommendations from the study that do not require legislative changes. Any greenhouse gas offset program or other greenhouse gas reduction and carbon sequestration program or mechanism that the commissioner establishes in rule must not mandate participation by agricultural producers.

The act appropriates $611,870 for the 2023-24 state fiscal year from the general fund to the department of agriculture for use by the commissioner's office and administrative services, with $500,000 of the money appropriated for agrivoltaic project grants.

APPROVED by Governor May 18, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

Status: 5/18/2023 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


SB23-159 Sunset Colorado Food Systems Advisory Council 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Sunset Colorado Food Systems Advisory Council
Sponsors: N. Hinrichsen (D) | B. Pelton (R) / A. Boesenecker (D) | M. Lindsay (D)
Summary:

The act extends the Colorado food systems advisory council (council) established within Colorado state university until September 1, 2026.

The act adds a representative of a food bank as a member of the council. The act changes how 16 members of the council are appointed, requiring that the governor or the governor's designee appoint 5 members and that the speaker of the house of representatives, the minority leader of the house of representatives, the president of the senate, and the minority leader of the senate appoint 12 members on a rotating basis as new positions or vacancies arise.

The act creates new duties for the council, including:

  • Examining best practices to advance or improve food distribution systems and develop new markets for Colorado agricultural producers; and
  • Conducting research and providing support at the request of the governor, members of the general assembly, or any state agency in connection with the council's purpose and duties.

The act requires the council to include a summary of the council's activities from the prior year and a summary of the council's planned activities for the upcoming year in council's annual report to specified legislative committees. The council must also accept and consider public comment regarding the annual report.

The act repeals the council's authority to engage in any other activity not specified in statute that the council determines is necessary to accomplish the council's purposes.

For the 2023-24 state fiscal year, the act appropriates $151,068 from the general fund to the department of higher education for limited fee-for-service contracts with state institutions, which amount is reappropriated for use by the board of governors of the Colorado state university system for the food systems advisory council.

APPROVED by Governor June 2, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

Status: 6/2/2023 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


SB23-177 2023 Colorado Water Conservation Board Water Projects Appropriations 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: 2023 Colorado Water Conservation Board Water Projects Appropriations
Sponsors: D. Roberts (D) | C. Simpson (R) / K. McCormick (D) | M. Catlin (R)
Summary:

The act appropriates the following amounts for the 2023-24 state fiscal year from the Colorado water conservation board (CWCB) construction fund to the CWCB or the division of water resources in the department of natural resources for the following projects:

  • Continuation of the satellite monitoring system, $380,000;
  • Continuation of the floodplain map modernization program, $500,000;
  • Continuation of the weather modification permitting program, $500,000;
  • Continuation of the watershed restoration program, $500,000;
  • Continuation of the Colorado Mesonet project, $150,000;
  • Continuation of the weather forecasting partnership project, $1,000,000;
  • Support for the division of water resources mobile field data collection application project, $800,000;
  • Continuation of the reservoir enlargement assessment project, $1,000,000;
  • Support for the central Colorado water conservancy district augmentation efficiency project, $3,000,000; and
  • Support for the state water plan advancement project, $2,000,000.

The act directs the state treasurer to transfer the following amounts on July 1, 2023, from the severance tax perpetual base fund to the CWCB construction fund, and appropriates those amounts from the CWCB construction fund to the CWCB for the following projects:

  • Continuation of the Platte river recovery implementation program, $19,000,000;
  • Support for the upper Colorado river endangered fish recovery program and the San Juan river basin recovery implementation program, $15,000,000; and
  • Additional and continued support for the Frying Pan - Arkansas project, $20,000,000.

The act directs the state treasurer to transfer the following amounts from the CWCB construction fund on July 1, 2023:

  • $2,000,000 to restore the fish and wildlife resources fund;
  • Up to $2,000,000 to the CWCB litigation fund to assist in addressing legal issues associated with compact compliance and other litigation activities; and
  • $2,000,000 to the water plan implementation cash fund for continuation of the water plan implementation grant program.

The act appropriates $25,200,000 of sports betting revenues from the water plan implementation cash fund to the CWCB to fund grants that will help implement the state water plan.

The act appropriates $8,000,000 from the wildlife cash fund to the division of parks and wildlife to purchase up to 924 acre-feet of orphan shares from the CWCB as part of the Chatfield reservoir reallocation project.

APPROVED by Governor June 5, 2023

EFFECTIVE June 5, 2023
(Note: This summary applies to this bill as enacted.)

Status: 6/5/2023 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


SB23-185 Sunset Noxious Weed Advisory Committee 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Sunset Noxious Weed Advisory Committee
Sponsors: J. Marchman (D) | R. Pelton (R) / M. Lukens (D) | M. Catlin (R)
Summary:

The act implements the recommendation of the department of regulatory agencies in its sunset review and report on the state noxious weed advisory committee. The act continues the noxious weed advisory committee until September 1, 2034.

APPROVED by Governor May 1, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

Status: 5/1/2023 Governor Signed
Status History: Status History
Amendments:
Fiscal Notes:

Fiscal Note


SB23-191 Colorado Department Of Public Health And Environment Organics Diversion Study 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Colorado Department Of Public Health And Environment Organics Diversion Study
Sponsors: L. Cutter (D) / J. Joseph (D) | C. Kipp (D)
Summary:

The act requires the department of public health and environment (department) to study the impacts, benefits, and feasibility of requiring diversion of organic materials from landfills. The organics diversion study (study) must:

  • Incorporate and utilize data contained in the statewide organics management plan and other existing Colorado studies and research from other states;
  • Explore how to leverage existing organics diversion projects in Colorado to inform implementation of broader organics diversion projects across the state;
  • Evaluate the environmental benefits of diversion of organic materials from landfills;
  • Review and identify the infrastructure needed to enable diversion of organic materials from landfills and create a plan for infrastructure development;
  • Create actionable parameters for local governments to use to determine if, where, and what types of organics processing infrastructure is needed and basic toolkits to help local governments build the infrastructure;
  • Outline and recommend policies and regulations that would enable diversion of organic materials from landfills;
  • Assess informational resources necessary to enable diversion of organic materials from landfills; and
  • Identify opportunities for end-market development of organic materials diverted from landfills.

On or before August 1, 2024, the department is required to submit a report of the study's research and findings to specified legislative committees of reference.

The act authorizes the use of money in the front range waste diversion cash fund and the recycling resources economic opportunity fund to pay for costs associated with conducting the study.

APPROVED by Governor May 17, 2023

EFFECTIVE May 17, 2023
(Note: This summary applies to this bill as enacted.)

Status: 5/17/2023 Governor Signed
Status History: Status History
Amendments:
Fiscal Notes:

Fiscal Note


SB23-192 Sunset Pesticide Applicators' Act 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Sunset Pesticide Applicators' Act
Sponsors: K. Priola (D) | D. Roberts (D) / C. Kipp (D) | B. McLachlan (D)
Summary:

The act implements some of the recommendations of the department of regulatory agencies, as contained in the department's sunset review of the "Pesticide Applicators' Act", and makes additional modifications to the "Pesticide Applicators' Act as follows:

  • Sections 1 and 2 of the act continue the "Pesticide Applicators' Act" for 11 years, until September 1, 2034;
  • Section 3 updates the statutory definition of "use" to align with the federal definition adopted by the federal environmental protection agency;
  • The commissioner of agriculture (commissioner) maintains a registry of pesticide-sensitive persons (registry) whose residences are listed in the registry. If a commercial, registered limited commercial, or registered public applicator (applicator) applies a pesticide near the residence of a pesticide-sensitive person included in the registry, the applicator is required to take reasonable actions to notify the pesticide-sensitive person of the pesticide application. Section 4 authorizes a pesticide-sensitive person to apply for inclusion of the person's primary work or school address in the registry as well. In addition, section 4 authorizes an applicator to provide electronic notice to pesticide-sensitive persons.
  • Section 4 also requires that, on or before July 1, 2024, the department of agriculture (department) develop a searchable database of all properties that abut or are entirely located within 250 feet of a residential property listed on the registry for applicators to search. If an applicator will apply pesticides on a property included in the searchable database, the applicator is required to notify the relevant pesticide-sensitive person of the pesticide application.
  • Section 5 increases the maximum civil penalty for a violation of the act from $1,000 to $2,500 for the first violation, which results in the possibility of a maximum civil penalty of $5,000 for a second violation;
  • Section 6 requires that money collected for civil penalties imposed under the "Pesticide Applicators' Act" be credited to the general fund;
  • Section 7 requires the commissioner to publish and periodically update information on the department's website about pesticide applicators' licensing and registration;
  • Section 8 requires the commissioner to establish an online complaint process;
  • Section 9 limits the number of terms that members of the advisory committee, appointed by the state agricultural commission to advise the commissioner, may serve to 2 terms, but allows a member representing the Colorado state university agricultural experiment station or extension service (CSU) or the Colorado department of public health and environment (CDPHE) to serve on the advisory committee for unlimited terms during the duration of the member's employment with CSU or CDPHE; and
  • Sections 10 to 12 amends statutes governing local governments to mirror the language in the "Pesticide Applicators' Act" requiring a local government that adopts an ordinance about pesticides to submit information about the ordinance to the commissioner.

Section 13 appropriates $72,150 for the 2023-24 state fiscal year from the plant health, pest control, and environmental protection cash fund to the department, which money is reappropriated to the office of information technology in the office of the governor to provide information technology services to the department.

APPROVED by Governor June 5, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

Status: 6/5/2023 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


SB23-213 Land Use 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News: Ban on local housing growth caps passes Colorado legislature
Major land-use bill from Colorado governor, Democrats is gutted to remove all upzoning requirements
Many south metro leaders oppose Dems’ statewide affordable housing plans
Short Title: Land Use
Sponsors: D. Moreno / I. Jodeh (D) | S. Woodrow (D)
Summary:

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.)

Status: 5/6/2023 Senate Considered House Amendments - Result was to Laid Over Daily
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


SB23-262 Water Desalination Study And Report 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Water Desalination Study And Report
Sponsors: K. Priola (D) | K. Mullica (D) / N. Ricks (D) | M. Soper (R)
Summary:

The bill requires the Colorado water conservation board (CWCB) to perform a comprehensive literature review of existing research on the challenges and opportunities of desalination facilities in California or Mexico. The literature review must include a summary of the current status of research on desalination, including quantification of certain costs of and benefits that could be realized from the construction and perpetual operation of one or more water desalination facilities in California or Mexico, or both.

On or before July 1, 2025, the CWCB must complete the study and submit a report of the CWCB's findings and recommendations to:

  • The Colorado legislative committees of reference that consider water matters;
  • The governor; and
  • The bureau of reclamation in the federal department of the interior.

For the 2023-24 state fiscal year, the bill appropriates $50,000 from the Colorado water conservation board construction fund to the department of natural resources for use by the CWCB to pay operating expenses.

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


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

Status: 5/11/2023 House Committee on Appropriations Lay Over Unamended - Amendment(s) Failed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note


SB23-266 Neonic Pesticides As Limited-use Pesticides 
Comment:
Position:
Calendar Notification: NOT ON CALENDAR
News:
Short Title: Neonic Pesticides As Limited-use Pesticides
Sponsors: K. Priola (D) | S. Jaquez Lewis (D) / K. Brown (D) | C. Kipp (D)
Summary:

The act requires that, on or before January 1, 2024, the commissioner of agriculture adopt rules requiring neonicotinoid pesticides to be designated as limited-use pesticides and authorizing only licensed dealers to sell them. Products containing neonicotinoid active ingredients used in academic research are exempted from the limited-use pesticide designation, as are the following products that contain neonicotinoid active ingredients and for which the product label includes an intended use as:

  • A pet care product;
  • A veterinary product;
  • An indoor pest control product;
  • A personal care product used for preventing, destroying, repelling, or mitigating lice;
  • A product used in structural insulation;
  • A preserved wood product or product used in the manufacturing of wood preservatives;
  • A bait product; or
  • An insect strip.

APPROVED by Governor May 17, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)

Status: 5/17/2023 Governor Signed
Status History: Status History
Amendments: Amendments
Fiscal Notes:

Fiscal Note