The act makes the following changes to the 'Labor Peace Act':

• Specifies that employees' right to bargain collectively includes the right to bargain collectively concerning any mandatory subject of bargaining;
• Eliminates the requirement for a second election to negotiate a union security agreement clause in the collective bargaining process;
• Declares that it is not an unfair labor practice for an employer to refuse to agree to a lawful proposal made by the exclusive representative of the employees, or for the exclusive representative of the employees to refuse to agree to a lawful proposal made by the employer, concerning a mandatory subject of bargaining if the refusing party has bargained in good faith with the other party; and
• Requires employers and employees, through their exclusive representative, to bargain in good faith.
  
  (Note: This summary applies to this bill as enacted.)

The bill creates the data center development and incentive program (program) operated by the Colorado data center development authority (authority), which is newly created in the Colorado office of economic development (office) ( section 1 of the bill). The authority consists of 9 members, as follows:

• 2 members appointed by the governor with the consent of the senate;
• The director of the Colorado energy office or the director's designee;
• One member who has experience in water projects or water resource management, appointed by the president of the senate;
• One member who has experience in clean and renewable energy, appointed by the speaker of the house of representatives;
• 2 members who have experience in data center development, with one member appointed by the speaker of the house of representatives and one member appointed by the president of the senate;
• One member representing a statewide organization that represents workers in trade crafts who construct data centers, appointed by the speaker of the house of representatives; and
• One member representing a statewide organization that represents contractors who construct data centers, appointed by the president of the senate.

To incentivize efficient data center development, the program allows a 100% state sales and use tax exemption on qualified purchases to the operator of a certified data center. To be eligible for certification, the operator of the data center, or a data center operator collectively with participating data center tenants, must:

• Have initiated a preliminary consultation with the utility that will provide electricity for the data center project regarding interconnection feasibility, capacity, and infrastructure requirements;
• Commit to making a $250 million minimum investment in data center infrastructure within 5 years;
• Commit to creating new full-time jobs, including employees and long-term service and maintenance positions, that satisfy specified criteria and breaking ground on the data center project within 2 years of obtaining certification;
• Commit to complying, and ensure that the utility that provides electricity to the data center also complies, with craft labor requirements, apprenticeship utilization requirements, and prevailing wage requirements; and
• Commit to obtaining certification under one of several energy efficiency standards, implementing water stewardship strategies that optimize operational water management, ensuring that all backup power generation associated with the data center project meets specified requirements, and consulting with the department of natural resources.

To obtain certification, a data center operator must apply to the authority in a form and manner to be determined by the authority. The authority is required to review a data center operator's application for certification and may award certification to a data center operator that has demonstrated that it will satisfy the certification criteria ( section 1 ).

A data center operator that obtains certification for a data center project is eligible for a 100% state sales and use tax exemption on the purchase and use of qualified data center infrastructure and systems for 20 years from the date that the data center project was certified, so long as the data center satisfies ongoing post-certification requirements and submits annual compliance reports to the authority. As long as the data center meets post-certification requirements as demonstrated in the annual compliance reports, a data center operator of a certified data center may apply to the authority for an extension of the sales and use tax exemption for an additional 10 years. If the authority determines that a data center operator is not fulfilling its obligations and commitments to retain certification, the authority may revoke the certification and the data center operator is required to repay the state for the sales and use tax benefits that it received ( sections 1 and 5 ). The exemption for a certified data center does not apply to local sales and use taxes unless the exemption is expressly included at the time of adoption or amendment of the local sales tax ordinance or resolution ( section 4 ).

The bill allows a utility regulated by the public utilities commission (commission) to submit a targeted resource acquisition application to the commission to propose methods of meeting emerging large-load customer needs. The bill also specifies how a utility may finance resource and infrastructure needs in connection with emerging large-load customers ( section 3 ).
(Note: This summary applies to this bill as introduced.)

      Section 1 of the bill requires an employer to ensure the employer's workplace is free from recognized hazards, as interpreted consistent with the federal occupational safety and health administration's interpretation of the general duty clause of the 'Occupational Safety and Health Act of 1970' (OSH Act) as of September 1, 2025. Additionally, employers have the general duty to:

• Ensure that each workplace is constructed, equipped, arranged, operated, and conducted as to provide reasonable and adequate protection to the lives, health, and safety of all individuals employed or working in the workplace; and
• Comply with standards for workplace health and safety adopted by rule by the division of labor standards and statistics in the department of labor and employment (division) attorney general.

     The bill authorizes the following actions to address workplace health and safety concerns:

• The attorney general or the division may refer workplace health and safety concerns to relevant state or local authorities;
• The attorney general, the division, a labor organization, a worker organization, or a person aggrieved by a violation of the bill may file a civil action;
• For each violation of the bill or of rules adopted pursuant to the bill, a court may order the person an employer that violates the bill or rules to pay statutory damages to a person aggrieved by the violation; and
• A court may order a person an employer that violates the bill or rules adopted pursuant to the bill to pay a penalty to the attorney general for each violation.

     The bill creates the workplace health and safety fund (fund) into which penalties collected pursuant to the bill are credited. The money in the fund may be used by the division attorney general for specified purposes.

     The bill authorizes the division attorney general to adopt rules:

• To replace any requirement of the OSH Act or the 'Federal Mine Safety and Health Act of 1977' that is repealed or revoked; or amended in any manner that results in the federal protections of workers' rights or worker safety becoming less stringent; and

       

• To define standards for workplace health and safety if there is no standard in effect under the OSH Act; and
• As necessary to implement the bill.

      Section 2 authorizes the attorney general to apply to the appropriate district court for an order for specified relief if a person fails to obey an investigative demand, subpoena, warrant, or other investigative process related to worker and employee protection.

      Sections 2 3 through 8 11 make conforming amendments.

(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.)

     The act defines critical infrastructure material as any component or part used in covered infrastructure that is made of or contains a commodity metal, the theft of which poses an imminent threat to life or the physical safety of a person, including through serious harm to the basic supply of covered infrastructure to the population or to the exercise of a core function of covered infrastructure. The act adds critical infrastructure materials to regulations in existing law on the sale and possession of commodity metals.

     The act prohibits an owner, keeper, or proprietor (owner) of a junk shop, junk store, salvage yard, or junk cart or other vehicle, and every collector of or dealer in junk, salvage, or other secondhand property who buys a critical infrastructure material (buyer) from paying cash for the critical infrastructure material unless the seller is paid by means of any process in which a picture of the seller is taken or the transaction is worth less than $300.

     The act prohibits a buyer from possessing critical infrastructure material without an affidavit from the seller or donator of the commodity metal. Unlawful possession of critical infrastructure materials is a class 2 misdemeanor if the amount is less than $1,000, a class 2 misdemeanor if the amount is $1,000 to $2,000, and a class 6 felony if the amount is $2,000 or more.

     A buyer who unknowingly takes possession of critical infrastructure material as part of a load of otherwise noncritical infrastructure materials with an affidavit stating they can transfer the noncritical infrastructure material has a duty to notify the appropriate law enforcement agency or municipal code enforcement agency. Failure to report stolen critical infrastructure materials is a class 2 misdemeanor if the amount is less than $1,000, a class 2 misdemeanor if the amount is $1,000 to $2,000, and a class 6 felony if the amount is $2,000 or more.

     An owner of a junk shop, junk store, salvage yard, or junk cart must make their book or register available to a law enforcement agency or municipal code enforcement agency upon request.

     The act modifies existing criminal penalties related to the theft of commodity metals so that it is a class 6 felony for any amount that is $2,000 or more.


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

The bill creates the Colorado electric grid resiliency task force (task force) to study the issue of grid resilience and to make recommendations to the governor and the general assembly. The task force is 18 members.

The president of the senate and the speaker of the house of representatives shall organize and call the first meeting of the task force by November 28, 2026. The task force meets at least once every month until it completes its duties, but the chair may call additional meetings. Upon request by the task force, the department of regulatory agencies shall provide office space, equipment, and staff services as necessary.

The task force has the following duties on a biennial basis:

• Doing a rigorous, uniform engineering assessment of every covered transformer in Colorado;

• Developing a prioritized statewide hardening and spare-transformer plan with cost estimates, cost-benefit analyses, and recommended funding mechanisms;

• Recommending rules, legislation, and interstate or federal cost-sharing arrangements and publishing a report detailing these recommendations; and

• Reporting its findings to the house of representatives energy and environment committee and the senate transportation and energy committee.

The bill sets minimum technical standards for the assessment, plan, and recommendations.

A transmission-owning entity must participate in the task force assessment and provide any requested data. These entities may recover reasonable and prudent costs incurred to comply with the bill through rates, member assessments, or ordinary budgeting processes.

Owners or operators of covered transformers are required to file with the federal energy regulatory commission a report, marked as "Critical Energy/Electric Infrastructure Information". Standards are set for the report. Biennially, the public utilities commission must prepare a summary of the report and present it to the house of representatives energy and environment committee and the senate transportation and energy committee.

The public utilities commission must adopt rules requiring implementation of the highest-priority hardware-based mitigation measures identified by the task force unless equivalent protection is demonstrated.

The task force repeals on September 1, 2031. Before the repeal, it is scheduled for review under the sunset law.

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

The bill requires a gas distribution utility (utility) to exempt carbon dioxide emissions resulting from the combustion of gas by residential customers from the utility's clean heat plan filed with the public utilities commission (commission). A utility must exclude residential carbon dioxide emissions from the baseline and projected emissions calculations used in the utility's clean heat plan.

If a utility has already submitted a clean heat plan to the commission prior to the effective date of the bill, the utility may submit a revised clean heat plan to the commission that excludes residential carbon dioxide emissions from the utility's baseline and projected emissions calculations. The bill requires the commission to adopt rules that allow a utility to submit a revised clean heat plan.

The bill permits a utility to recover costs related to a system safety and integrity project, which is defined as a certain type of project that improves the safety or integrity of the gas distribution system.

The bill repeals a prohibition on a gas utility providing incentives to customers for establishing gas service to a property.

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

The bill specifies that a person commits theft when the person knowingly uses an advance payment for a construction project for an unrelated purpose that results in the delay, end, abandonment, or material nonperformance of the construction project.

The bill requires that before a contractor can take an advance payment from a customer, a contractor shall provide the customer with a written disclosure identifying the intended use of the advance payment, the anticipated timing of expenses identified in the disclosure, and the project's anticipated start date.(Note: This summary applies to this bill as introduced.)

     The act requires the division of labor standards and statistics (division) in the department of labor and employment (CDLE), on or before January 15, 2027, to begin collecting data concerning temperature-related injury or illness or temperature-related emergencies at worksites and to:

• Develop a platform on CDLE's website where users can provide information about occurrences of temperature-related injury or illness or temperature-related emergencies;
• Obtain from the department of public health and environment (CDPHE) data that CDPHE has collected through its syndromic surveillance program regarding occurrences of heat-related injury or illness or heat-related emergencies; and
• Collect similar data from the division of workers' compensation and the Center for Improving Value in Health Care.

     On or before July 1, 2028, the act requires the division to develop a model temperature-related injury and illness prevention plan (TRIIPP) that thereafter must be made available on CDLE's website. Additionally, the act requires the division to review and update the model TRIIPP at least every 5 years and grants the division authority to adopt rules necessary to implement the act.

     $76,651 is appropriated from the general fund to the department for use by the division.


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

The bill establishes requirements for landlords, unit owners, and associations governing common interest communities (association) for billing a tenant for utility service. A landlord, a unit owner, or an association may individually bill a tenant using a submeter or bill a tenant through a ratio utility billing system, which is a system that allocates utility service costs among individual tenants based on a unit's square footage, occupancy, or other physical characteristics.

Starting on January 1, 2027, all new residential construction must install individual submeters for each individual unit to measure water consumption for each unit. A tenant's utility bill for water utility service must be calculated based on the individual submeter reading.

For existing residential properties and other types of utility service other than water service, the landlord, unit owner, or association may use a ratio utility billing system if they meet certain requirements.

A landlord, a unit owner, or an association shall disclose to a tenant in the tenant's rental agreement the method by which the tenant's utility bills will be calculated. If a landlord, a unit owner, or an association uses a ratio utility billing system, they must deduct at least 10% of the total utility service bill before allocating individual costs to tenants in order to account for utility service to common areas of a residential premises.

If a landlord, a unit owner, or an association is found in violation of the provisions of the bill, the aggrieved tenant may file a civil action in court and, if the tenant prevails, recover actual damages from utility bill overages, additional damages in an amount not to exceed 25% of the utility bill overages, and any attorney fees or court costs.

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

     Under Colorado law, a private property owner is prohibited from retaining more than 5% of a construction contract as retainage if the contract is at least $150,000. The act authorizes a contractor to submit a retainage bond in lieu of withholding retainage, and a private property owner must accept the retainage bond and not withhold the retainage if the retainage bond meets the act's standards. A subcontractor may require the contractor to submit a bond in lieu of retainage for the subcontractor's portion of the retainage. The contractor may require the subcontractor to submit a like bond to the contractor.


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

     The act creates the postsecondary talent development system transition advisory committee (transition committee) to develop a transition plan that includes recommendations to integrate oversight of higher education and workforce development programs (transition plan). The transition committee shall begin meeting by July 1, 2026, and shall submit the transition plan by November 1, 2026, to the joint budget committee; the house of representatives business affairs and labor committee; the house of representatives education committee; the senate business, labor, and technology committee; and the senate education committee. The transition plan must include recommendations about the structure of the department of higher education (department), including a recommendation to rename the department; recommendations about transitioning various offices, agencies, programs, and functions to the department or other state agencies; and recommendations about how the department will coordinate with the department of education's postsecondary workforce readiness and student support activities.

     Effective July 1, 2028, the executive director of the Colorado commission on higher education is renamed the executive director of the department (executive director). The governor appoints, with the consent of the senate, the executive director.


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

     The act implements recommendations of the department of regulatory agencies' (department) sunset review and report on the division of professions and occupations in the department.

     Sections 1 and 2 of the act allow a regulator to delegate authority for administrative tasks authorized by statute or other tasks specifically authorized through the policy of a board or commission to a designee at the regulator's discretion.

     Section 3 changes the amount of time a licensee, certificate holder, or registrant (licensee) who receives a letter of admonition has to request a hearing to within 25 days after the date of issuance of the letter of admonition, rather than within 20 days after receipt of the letter.

     Sections 3 through 22 clarify that a regulator may provide communications to licensees through email.

     In current law, the executive director of the department collects an excise tax of $1 upon the payment of fees for the renewal of a license, registration, or certificate. Section 23 changes the term used to refer to this payment from an 'excise tax' to an 'additional fee'.

     Sections 25 through 30 restore provisions repealed in 2024 by House Bill 24-1329 concerning the continuation of the state board of licensure for architects, professional engineers, and professional land surveyors, regarding enrollment by endorsement for engineer-interns and land surveyor-interns and licensure by endorsement for professional engineers and professional land surveyors.


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

     The act implements recommendations of the department of regulatory agencies (department) in its 2025 sunset review of the public utilities commission (commission) as follows:

• Sections 1 and 3 of the act continue the commission for 7 years to September 1, 2033;
• Sections 4, 8, 10, 11, 16, and 17 authorize the commission to send communications by email;
• Sections 20 through 22 modernize certain processes, provide additional transparency, and clarify inconsistencies in certain energy statutes by:

• Aligning the renewable energy standard with the statutes governing clean energy targets and removing the requirements for municipally owned utilities to submit an annual compliance report to the commission regarding renewable energy standard requirements and for qualifying wholesale utilities that comply with electric resource planning to also demonstrate compliance with electric resource standards;
• Directing the commission to perform a study to identify any barriers to joint procurement by electric utilities with regard to advanced technology generation resources;

• Section 23:

• Prohibits an individual from impersonating a transportation network company (TNC) driver (driver). An individual who violates the prohibition commits a class 2 misdemeanor. An individual who impersonates a driver during the commission of a felony offense commits a class 6 felony. A TNC is required to conduct periodic checks utilizing facial recognition software or equally or more effective technology, as approved by the commission, to prevent driver impersonation in accordance with rules adopted by the commission. The periodic check requirement does not apply to a TNC that predominantly contracts to serve public or private schools or the government and complies with at least 90% of the commission's rules regarding safety standards for TNCs that contract with schools or school districts.
• Requires a TNC to provide information about the commission, including information about how a rider may contact the commission to file a complaint using a TNC's digital network, to a rider in accordance with rules adopted by the commission; and
• Requires commission staff who process TNC customer complaints to receive training in trauma-informed practices;

• Section 25 expands the types of drivers who need to have criminal history record checks performed to include drivers who are employed by any motor carriers and contract carriers;
• Section 28 requires the commission to perform a market study to determine if the current systems of regulating intrastate contract and common carriers optimally balance consumer protections with industry and regulatory efficiency and to report its findings and recommendations based on the study to the general assembly by January 1, 2028;
• Sections 29 and 30 replace the current inspection requirements for a charter bus, children's activity bus, fire crew transport, luxury limousine, off-road scenic charter, and large-market taxicab with a requirement that these vehicles be inspected on a schedule and to a standard set by rules adopted by the commission;
• Sections 31 through 36 and 38 update the state railroad regulation requirements to mirror current federal law and to repeal obsolete provisions;
• Section 39 removes the $500 fee cap paid by companies to access the Colorado no-call list, replaces it with a $1,000 fee cap, and requires conforming list brokers, which are companies that purchase the no-call list and sell it to other companies, to pay a fee established by the commission by rule;
• Section 41 authorizes the commission to administratively assess a filing fee schedule for filings related to communication services, telecommunications services, and basic emergency services to help finance the commission's telecommunications-related work and exempts members of the public filing complaints and public utilities subject to certain revenue-based fees imposed by the commission from paying the filing fees;
• Section 43 aligns the usage of money collected from charges related to the provision of 911 services with federal requirements by clarifying that the money may be expended for public safety radio equipment outside of a public safety answering point only if the equipment is used for dispatching emergency service providers to respond to 911 calls;
• Section 44 authorizes the commission to adopt rules that establish caps on rates charged by penal communications service providers on intrastate penal communications services provided for intrastate communications with individuals in correctional facilities and to enforce the intrastate rate. Section 44 also authorizes the commission to adopt rules requiring penal communications service providers to report outages and imposing penalties for penal communications service providers' failure to comply with commission requirements. Section 44 also requires:

• Penal communications service providers to cooperate with commission staff when the staff is performing biannual testing of penal communications services;
• The commission to develop flyers informing the public how to file complaints to the commission about penal communications services; and
• Correctional facilities to post the flyers;

• Section 45 exempts small operators of natural gas pipelines from the minimum $5,000 civil penalty required for violations of pipeline safety laws and authorizes the commission to impose a lesser civil penalty against a small operator;
• Section 46 directs the commission to perform a study identifying all privately owned water utilities in the state and assessing their financial conditions and needs;
• Section 47 requires investor-owned electric utilities to provide interconnection information and certificates to taxpayers requesting the information for purposes of claiming the federal clean electricity investment credit; and
• Section 48 requires the commission, on or before December 1, 2026, to open one or more miscellaneous proceedings to investigate ways to streamline energy planning proceedings, to integrate gas and electric system planning, and to make customer programming more efficient. The commission shall solicit stakeholder feedback in its investigation and, on or before November 30, 2027, shall submit a report of its findings and recommendations to legislative committees with jurisdiction over energy matters.

     The act also implements the following changes regarding the commission and its work:

• Section 2 requires electric and gas investor-owned utilities, including combined utilities, to file annual summaries of anticipated regulatory filings with the commission starting in 2027 and requires the commission to make the filings publicly available on its website, hold informational meetings regarding the filings, and submit annual reports to the general assembly summarizing the commission's major adjudicated cases and rule-makings from the previous year. Starting September 1, 2026, the commission is required to include in each of its decisions a summary of public comments received on the matter.
• Sections 4 through 8 concern commission authority, personnel, and management functions, with section 4 stating that the commission, acting through its director, has authority over the commission's budgeting, purchasing, planning, and related management functions, including human resources, and section 7 requiring the director of the commission to hire or designate an equity analyst to assist the commission's work regarding equity impact proceedings and to staff an equity task force appointed by the director;
• Section 4 also requires the governor to consider appointing commissioners with knowledge of the regulated industries and with a diversity of experience and understanding of public interest considerations. Finally, section 4 authorizes the commission to hold weekly meetings and, beginning July 1, 2027, requires a majority of the commissioners attending the weekly meetings to attend in person.
• Sections 9 and 12 provide that, with certain exceptions, adjudications must first be heard by an administrative law judge. Section 12 also requires the commission, by March 31, 2027, to adopt rules regarding the format of en banc commission and hearings and meetings presided over by a single hearing commissioner with respect to whether the hearings are held in person, virtually, or a hybrid of in-person and virtual participation.
• Section 13 requires that commission rules regarding review of an application must prescribe that an application may only be deemed incomplete if it does not meet the commission's application requirement. Section 13 also provides that the commission's failure to act upon an application within 120 days, or within an extended time granted by the commission not to exceed an additional 130 days or, under extraordinary conditions, not to exceed an additional 90 days, constitutes an approval of the application by operation of law. An unopposed permissive motion for intervention is deemed approved if the commission does not deny the motion within 30 days after its filing.
• Section 14 increases the maximum civil penalty applicable to public utilities for intentional violations of public utilities law from $2,000 to $7,500, applies such civil penalties to a public utility's violation of a tariff, and requires the commission to consider factors such as utility size, harm caused, and mitigating circumstances or actions in assessing the civil penalties. Section 14 also requires that civil penalties assessed against and collected from electric and gas utilities be credited to the public utilities commission fixed utility fund (fixed utility fund) to be used for affordability programs or outreach and engagement of income-qualified customers and disproportionately impacted communities.
• Section 15 provides guidance for intervenor compensation in commission proceedings by authorizing the commission to award an intervenor compensation if the commission determines that the intervenor made a unique substantial contribution that provided material assistance to the commission in developing the record in a proceeding and incurred reasonable costs in the proceeding. The commission may adopt rules regarding intervenor compensation, including rules for intervenor petitions for compensation and guidelines for determining reasonable costs incurred and material assistance.
• Under current law, money in the legal services offset fund is continuously appropriated to the department to offset its costs of legal representation in matters involving public utilities law. Section 18 shifts the appropriation to the commission to offset its costs of legal representation in such matters.
• Section 21 removes verification of municipally owned utilities' voluntarily filed clean energy plans by the division of administration in the department of public health and environment;
• Section 22 requires the commission, on or before December 31, 2027, to adopt rules establishing minimum quality-of-service metrics for investor-owned electric and gas utilities in the state;
• Section 24 requires the department to consult with the director of the commission regarding annual TNC permit fees and increases the maximum annual TNC permit fee to $161,250. Likewise, section 26 requires the department to consult with the director of the commission in setting certain administrative fees on motor carriers, and section 40 requires the department to consult with the director of the commission on computation of revenue-based fees owed by utilities.
• Section 27 provides that a person may apply to a court for enforcement of a commission order, decision, or rule regarding noncompliance by a motor carrier without having first exhausted administrative remedies; and
• Section 37 requires the commission to engage an independent third-party consultant to conduct a study on how the commission may modernize its personnel, organizational, and budgetary structures, which study must include an evaluation and recommendations regarding the commission's size, compensation, and funding mechanisms for equity objectives. On or before November 1, 2026, the commission shall submit an initial report, and on or before November 1, 2027, a final report, on the study's findings and recommendations to legislative committees with jurisdiction over energy matters.

     For state fiscal year 2026-27, section 49 appropriates $298,448 to the department with:

• $232,712, including $157,712 from the fixed utility fund and $75,000 from the motor carrier fund, for personal services;
• $16,048 from the fixed utility fund for operating expenses; and
• $49,688 of the amount appropriated from the fixed utility fund for reappropriation to the department of law for legal services.
  
  (Note: This summary applies to this bill as enacted.)

     The bill requires the Colorado energy office (office) to serve as the state's permitting coordinator for nuclear energy projects. The office is required to:

• Coordinate with developers of nuclear energy projects (developers), stakeholders, and state and local permitting agencies throughout the permitting process and assist developers in navigating local, state, and federal regulations;
• Build administrative and coordination capacity to prepare for federal funding opportunities; and
• On or before December 1, 2027, recommend to the public utilities commission (commission) factors for the commission to consider when approving the acquisition of a nuclear energy project or other clean firm resources and cost-recovery mechanisms for the development of nuclear energy projects.

     The bill requires an investor-owned electric utility with more than 500,000 customers to:

• On or before August 1, 2027, solicit requests for information from communities and local governments interested in hosting a nuclear energy project and from potential development partners; and
• Identify, in collaboration with other public utilities, local governments, and developers, potential sites for a nuclear energy project.

     The bill states that an investor-owned electric utility may submit to the commission, and the commission is required to approve, an application to expend and recover up to $20 million to finance studies regarding potential sites, facility designs, and other activities related to the development of nuclear energy projects in the state. The bill requires the commission to issue an approval or denial of a petition from an investor-owned electric utility regarding a cost-recovery mechanism for a nuclear energy project no later than 6 months after receiving the petition.

     The bill establishes a statewide goal of identifying at least one nuclear energy project site by 2035 and beginning construction of at least one nuclear energy project by 2040.
(Note: This summary applies to this bill as introduced.)

      The bill creates the residential construction contractor certification enterprise (enterprise) in the department of law (department). The enterprise is and operates as a government-owned business within the department for the business purposes of using fee revenue to administer a residential construction contractor certification program (program).

     The enterprise may assess a residential construction contractor certification fee (fee) only on a residential construction contractor (contractor) that applies to the department for a residential construction certificate. The total annual fee revenue shall not exceed the cost of collecting the fee, administering the program, certifying contractors, and the direct and indirect costs of the enterprise. The amount of the fee must not exceed $100 annually. The department may adopt rules to implement the fee.

     The enterprise shall transmit all net revenue collected from the fee to the state treasurer, who shall credit the net revenue to the contractor certification cash fund, which is created by the bill. Money in the fund is continuously appropriated to the enterprise to administer the program.

     The enterprise shall administer the program in accordance with the following goals:

• Preventing or reducing damage to homeowners caused by contractors who abandon work before a project is complete;
• Encouraging contractors to comply with the terms of a construction agreement with the homeowner; and
• Increasing the likelihood of a contractor performing competently by encouraging contractors to be certified by the enterprise in accordance with certain standards.

     The enterprise is governed by a board of directors (board) composed of 13 individuals appointed by the attorney general or their designee. The board shall establish criteria to evaluate contractor applications for certification. To determine whether to issue a certification, the board shall consider specified criteria.

     The board shall submit a report by July 1 of each year to the committees of reference of the general assembly to which the department is assigned pursuant to statute. The report must include certain information specified in the bill.


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

     Contingent upon voter approval at the November 2026 general election of a proposed initiative to amend the state constitution to change existing law on transportation funding and to increase the amount of state revenue dedicated to road transportation (proposed initiative), from January 1, 2027, through July 1, 2030, the act reduces:

• The excise tax on gasoline from $0.22 per gallon to $0.14 per gallon;
• The excise tax on special fuel from $0.205 per gallon to $0.13 per gallon;
• Certain vehicle registration fees, including late fees; and
• The road usage fees from $0.06 per gallon to $0.04 per gallon and then, beginning in state fiscal year 2027-28, as necessary to offset the amount of state revenue diverted to transportation uses as the result of the proposed initiative.

     The act creates the support road transportation fund (fund) contingent upon voter approval of the proposed initiative. The fund consists of state revenue dedicated to road transportation by the proposed initiative. Money in the fund is used to replace certain transportation-related general fund transfers for payments for the financed purchase of assets or certificate of participation agreements, and to replace certain general fund transfers to the state highway fund. The money remaining in the fund after making these transfers is allocated as follows:

• 60% is paid to the state highway fund;
• 23% is paid to counties for certain transportation expenses; and
• 17% is paid to cities and incorporated towns for certain transportation expenses.

     The act clarifies that state revenue collected to support road transportation, as defined in the proposed initiative, does not include enterprise fee revenue.

     The act creates the road enterprise to complete preventive maintenance, repair, rehabilitation, and reconstruction projects to improve the condition of the roadway surface of the state highway system. The road enterprise is authorized to impose fees for oversize and overweight vehicles and longer vehicle combinations. The creation of the road enterprise is not contingent upon voter approval of the proposed initiative.

     Contingent upon the proposed initiative being withdrawn or not submitted for the November 2026 general election, the act creates the transportation funding working group to evaluate and make recommendations to the general assembly, the transportation commission, and the governor concerning funding state and local surface transportation maintenance, repair, capacity, and safety.

     Lastly, the act reduces the July 1, 2026, transfer from the general fund to the state highway fund from approximately $50 million to $500,000.


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

     Under existing law, an individual licensed, certified, registered, or enrolled in good standing to practice a particular profession or occupation in another state or United States territory or through the federal government is eligible to apply for and receive a license, certification, registration, or enrollment in that profession or occupation in Colorado (accreditation) if the individual meets specific criteria. The act adds an individual licensed, certified, registered, or enrolled in good standing to practice a particular profession or occupation in another country to those individuals eligible for accreditation if the individual meets specific criteria.


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

     The act authorizes the clean fleet enterprise (enterprise) to incentivize, support, and accelerate the replacement of a truck that is part of a fleet and that is powered by a diesel-fueled internal combustion engine, is a model year of 2009 or earlier, and is registered, operable, and capable of independent roadway operation (aging diesel truck) with a diesel truck that is a model year of 2018 or later (new diesel truck) until December 31, 2031. The act also allows the enterprise to provide funding or financing through grant programs, rebate programs, revolving loan funds, or other strategies to help owners and operators of aging diesel truck fleets finance the replacement of aging diesel trucks with new diesel trucks to reduce the up-front costs of acquiring new diesel trucks until December 31, 2031.

     The enterprise may use the clean fleet enterprise fund to provide money to support the replacement of aging diesel trucks with new diesel trucks, but the enterprise is required to ensure that it does not expend more than 20% of the fund's income during a state fiscal year for the support.

     To qualify for any money provided by the enterprise for the replacement of aging diesel trucks with new diesel trucks, the act requires a purchaser of the new diesel truck to surrender an aging diesel truck to the seller of the new truck. The seller of the new diesel truck must decommission the aging diesel truck by drilling a hole in the engine's block and cutting the chassis rails in half. The seller must be an authorized dealer of new diesel trucks who must certify that the new diesel truck meets all state and federal emissions and safety standards for its model year.

     The enterprise must prioritize applications to replace aging diesel trucks from businesses that are privately owned, independently owned, or have limited access to capital. The enterprise is not allowed to accept an application from the owner or operator of a motor vehicle fleet that owns, leases, or operates more than 50 heavy-duty motor vehicles or from a business entity with annual gross revenue exceeding $100 million. The enterprise is required to prioritize the replacement of an aging diesel truck that has a model year of no later than 2006.

     The act expands the business purpose of the enterprise to include providing incentives and support for refrigerated transport units powered by zero emission technology. The act allows the enterprise to exercise its rights and powers without regard to the state 'Procurement Code'.

     The act requires the enterprise to annually prepare a report that includes the estimated pollution reduction benefits of the enterprise. The enterprise must seek to ensure that all projects funded by the enterprise achieve measurable results and outcomes.


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

Current law requires certain entities to file a clean energy plan (plan) to achieve an 80% decrease of greenhouse gas emissions caused by the entity's electricity sales in Colorado by 2030 relative to 2005 levels. Other entities may voluntarily choose to file a plan.

Under current law, no later than March 31, 2026, an entity required to submit a plan may inform the division of administration (division) in the department of public health and environment in writing of challenges the entity is encountering or expects to encounter in achieving the 80% reduction of greenhouse gas emissions by 2030. The bill clarifies that an entity that has voluntarily submitted a plan may also inform the division of challenges the entity is encountering or expects to encounter in achieving the 80% reduction of greenhouse gas emissions by 2030. The bill also extends the deadline by which an entity must inform the division of challenges from March 31, 2026, to May 31, 2026.

A cooperative electric association (association) exempted from regulation by the public utilities commission or a municipal utility (utility) that informs the division of challenges the association or utility is encountering or expects to encounter has until December 31, 2026, to submit to the division an updated plan with the earliest year, not later than 2040, that the association or utility expects to be able to achieve the 80% decrease of greenhouse gas emissions, relative to 2005 levels, without impairing the association's or utility's ability to maintain applicable electric reliability standards and without increasing the association's or utility's average annual electric rates greater than 1.5%.

The bill prohibits the air quality control commission and the division from undertaking any action that impairs the association's or utility's ability to maintain applicable electric reliability standards or that increases the association's or utility's average annual electric rates greater than 1.5%.

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

The bill creates the Colorado clean energy permitting coordination office (office) in the Colorado energy office to provide coordination and technical assistance to owners or operators, local governments, and state permitting authorities regarding permitting for the construction, expansion, repowering, or material modification of a clean energy resource facility project (covered clean energy project).

At the request of the owner or operator of a covered clean energy project (owner or operator) or a local government with jurisdiction over the covered clean energy project or that the owner or operator determines is likely to experience direct and significant impacts from the covered clean energy project (host community), the office must convene a meeting (application coordination meeting) to coordinate the filing of permit applications for the covered clean energy project that includes certain interested parties. Following an application coordination meeting, the office must prepare a coordinated permitting schedule for the covered clean energy project that identifies the permits and approvals likely to be required for the covered clean energy project and certain other information (coordinated permitting schedule).

The office is required to develop and maintain a public dashboard (public dashboard) on the office's website for an owner or operator that receives a coordinated permitting schedule or that receives state technical assistance from the office.

Effective July 1, 2027, at least 90 days before the owner or operator submits the first state permit application for a covered clean energy project, the owner or operator must submit a community engagement plan to the office and relevant state permitting authorities. A community engagement plan must identify host communities for the project and describe certain other community engagement efforts regarding the project.

Effective July 1, 2027, an owner or operator must prepare a community benefit agreement and submit the community benefit agreement to the office and the parties participating in the covered clean energy project's application coordination meeting. The office is required to develop model community benefit agreement terms for a covered clean energy project and post the terms on the covered clean energy project's public dashboard or the office's website.

The office is required to prioritize technical assistance and permitting readiness support for covered clean energy projects that repower or reuse retired or retiring fossil fuel generation sites, are located in coal transition communities, or are located on brownfield sites. On or before December 1, 2027, the office shall publish and update annually an inventory identifying coal plant and industrial sites and brownfield sites suitable for redevelopment for clean energy resource facilities and other key infrastructure considerations.

Effective July 1, 2027, an owner or operator must develop and submit to the office a safety and emergency preparedness plan and coordinate with relevant local emergency management agencies and the Colorado division of homeland security and emergency management in implementing the safety and emergency preparedness plan. The office shall post a safety and emergency preparedness plan on the covered clean energy project's public dashboard or the office's website.

Effective November 1, 2027, an owner or operator of a covered clean energy project must submit to the office a grid reliability and security statement. The office must coordinate with the public utilities commission and utilities as appropriate to align permitting readiness with grid reliability needs.

On or before December 1, 2027, and on or before each December 1 thereafter, the office must submit a report to certain committees of the general assembly summarizing certain information about the functions of the office.

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

     The bill creates the Colorado nuclear workforce development and education council (council) in the Colorado school of mines to help meet growing workforce demand in the nuclear energy sector. The bill establishes a related grant program (grant program) to provide grants to institutions of higher education for the development or expansion of nuclear engineering degree or certificate programs or course offerings. The council shall convene advisory sessions with stakeholders from the nuclear, educational, and workforce development sectors; implement the grant program; and contract with one or more third-party entities for staffing and operational assistance.

     The council may seek, accept, and expend gifts, grants, and donations for council-related purposes. The state treasurer shall credit the gifts, grants, and donations to the Colorado nuclear workforce development and education cash fund (cash fund), which is created in the bill. The general assembly shall not appropriate general fund money to implement or maintain council operations or grant awards. The council shall convene and begin awarding grants only after the balance of the cash fund reaches or exceeds $500,000 (threshold) .

     The bill imposes requirements to report to the Colorado commission on higher education and the general assembly about the council's funding sources, grant program implementation, and other uses of the grant program money. If the cash fund balance does not reach the threshold on or before September 1, 2027, the council is repealed and the money in the cash fund is refunded to the grantors or donors. Otherwise, the bill repeals the council, effective September 1, 2033, unless the council is extended following a sunset review.

(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.)

     The act establishes a first and preferred opportunity for available employment for coal transition workers in coal transition communities (hiring preference). A business entity located in a coal transition community that is engaged in the business of constructing or operating railroads, utilities, energy generation facilities, or advanced manufacturing facilities (covered business) is required to comply with the hiring preference. A covered business does not include the state government or a local government.

     A covered business is required to make good faith efforts to provide a hiring preference to a coal transition worker who meets the qualifications for an employment position (qualified coal transition worker). A covered business may hire an individual who is not a qualified coal transition worker only if a qualified coal transition worker did not apply for employment with the covered business, each qualified coal transition worker declined a job offer from a covered business, or a qualified coal transition worker's qualifications did not meet the qualifications of other candidates for the same job.

     If a qualified coal transition worker applies for employment with a covered business, the covered business is required to report specified information annually to the just transition office. The executive director is required to adopt policies and procedures to implement the act. A hiring preference does not apply if a covered business places an existing employee in another employment position with the covered business or to the extent that a hiring preference conflicts with the terms of a collective bargaining agreement that applies to the relationship between a covered business and its employees.

     Currently, a public entity is not allowed to invest public funds in certain types of investments, such as equity instruments, instruments convertible to equity, or equity interests, or to deposit public funds with any person except certain depository institutions, which are primarily banks. The act authorizes a public entity to deposit or invest, either directly or through an investment firm or other third party authorized by the public entity, public funds from a payment or settlement that the public entity has received to offset the socioeconomic impacts to a community or government from the closure of a coal mine or coal power generating station in any investment permitted by an investment policy approved by the public entity.
(Note: This summary applies to this bill as enacted.)

     Currently, a contractor on a private construction project has a statutory right to secure payment with a general mechanic's lien. However, if the contractor knowingly files on the lien for an excessive amount, the contractor forfeits all rights to the lien and is liable to the person against whom the lien was filed for costs and attorney fees. A contractor on a public construction project has a similar right to secure payment by filing a verified statement of claim, which requires the project owner to withhold funds sufficient to pay the claim, usually in the form of a bond. The act clarifies that a public construction contractor who knowingly files a verified statement of claim for an excessive amount forfeits all rights pursuant to the verified statement of claim. Thus, the act aligns, for both a private and public construction contractor, the penalty for claiming an excessive amount on a lien or verified statement of claim to the loss of rights related to that lien or verified statement of claim, respectively.

     The act expressly allows for a private mechanic's lien or public verified statement of claim to include costs otherwise allowed under a contract in the lien or verified statement of claim amount, including costs incurred as a result of delay, lost productivity, or other disruption to the work. The act also clarifies that an award by a court for an amount less than the amount claimed in a lien or verified statement of claim does not render the amount claimed excessive.


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

     The act requires that an applicant for a building permit or a construction permit for a project with a total construction cost of more than $1 million (permit) file with the permitting agency, prior to commencing work under the permit, a signed declaration under penalty of perjury verifying that any person working under the permit maintains valid workers' compensation insurance coverage for the duration of the permit.

     A person may file a complaint with the division of workers' compensation in the department of labor and employment alleging a person's workers' compensation insurance coverage is not in compliance with the state's workers' compensation laws.


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

The bill creates certain requirements for large-load data centers, which are defined in the bill as:

• A new data center that has a peak load of more than 30 megawatts or multiple new data centers with a collective peak load of more than 60 megawatts; or
• An existing data center that adds a peak load of more than 30 megawatts or multiple existing data centers that add a collective peak load of more than 60 megawatts.

No later than June 30, 2030, the public utilities commission (commission) is required to make a determination on whether 100% hourly matching by large-load data centers is technically and economically feasible. If the commission determines that 100% hourly matching is not technically and economically feasible, the commission must make a determination of the highest percentage of hourly matching by large-load data centers that is technically and economically feasible (hourly matching requirement), which percentage the commission must update on a regular basis.

Beginning January 1, 2031, an operator of a large-load data center (operator) must generate, purchase, or otherwise acquire a quantity of electricity generated from renewable resources necessary to meet 100% of the operator's large-load data center's total annual electricity consumption. An operator must also achieve the hourly matching requirement. An operator must comply with these requirements through a tariff, contract, or program entered into with a utility, one or more power purchase agreements entered into with an independent power producer, or a self-supply of electricity.

An operator must enter into contracts of at least 15 years with a utility to pay for certain infrastructure and resource costs. An operator must also contribute to utility demand-side management programs and comply with certain operational water management and on-site backup generation requirements.

No later than June 30, 2028, and no later than each June 30 thereafter, an operator must report to the department of public health and environment certain information about the large-load data center, including information about the large-load data center's annual electricity and water consumption. The department of public health and environment must compile the information reported and provide a report to the general assembly and commission and make the report publicly available on the department's website.

A utility is prohibited from interconnecting or supplying electricity to a large-load data center unless:

• The operator has either provided an up-front payment or entered into a contract of at least 15 years with the utility, which up-front payment or contract must require the operator to pay for certain infrastructure and resource costs;
• On or after January 1, 2031, the utility has verified that the operator is in compliance with the hourly matching requirement; and
• The utility determines and ensures that the addition of the large-load data center to the utility's system does not negatively affect the utility's ability to provide reliable service to customers or meet applicable clean energy targets or increase the utility's greenhouse gas emissions.

A utility is prohibited from offering economic development rates to large-load data centers and is required to develop and offer demand response programs or flexible connection tariffs to the utility's customers that are operators. A utility is required to solicit and accept voluntary financial contributions from operators to certain utility programs, which contributions must supplement, rather than substitute, the utility's funding of those programs. A utility that is rate-regulated by the commission with customers that are operators is required to describe efforts to comply with the bill in the utility's annual report filed with the commission.

On or before June 30, 2027, the department of local affairs must publish model codes for the development of large-load data centers, which model codes must consider certain best practices. In developing the model codes, the department of local affairs must conduct a robust stakeholder and engagement process and evaluate, update, and review the model codes every 5 years.

With its development permit application for a large-load data center, the person responsible for the initial development of a large-load data center (developer) must submit a site assessment to the local government reviewing the application. A site assessment must include certain components.

If the siting of a large-load data center is proposed in a disproportionately impacted community or if an operator of an existing data center in a disproportionately impacted community plans to expand the data center's peak load such that the data center will become a large-load data center, the developer or operator must undergo a cumulative impacts analysis before the development or expansion begins. The developer or operator is required to contract with a third-party contractor selected by the department of public health and environment to perform the cumulative impacts analysis.

In reviewing a development permit application for a large-load data center that is in a disproportionately impacted community or is proposed to be in a disproportionately impacted community, the applicable local government is required to consider the applicant's cumulative impacts analysis and whether the mitigation strategies described by the applicant are sufficient to avoid any negative impacts identified in the cumulative impacts analysis. Prior to applying for a development permit that is in a disproportionately impacted community or is proposed to be in a disproportionately impacted community, a developer or operator must comply with certain public hearing, notice, and community outreach requirements.

If the siting of a large-load data center is proposed in a disproportionately impacted community or if an operator of an existing data center in a disproportionately impacted community plans to expand the data center's peak load such that the data center will become a large-load data center, the developer or operator must enter into a community benefit agreement with the disproportionately impacted community before the development or expansion begins. The developer is required to consult with the applicable local government and certain coalition groups and consider certain topics during community benefit agreement negotiations.

An operator is required to comply with certain labor standards.

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

     The act makes the following changes to statutes concerning accessible housing standards:

• Defines 'accessible story' as a story on an accessible route that contains living, sleeping, cooking, bathing, and toilet facilities and, if available in the dwelling unit, laundry facilities. A basement is not an 'accessible story' if the basement floor is located more than 4 feet below the exterior finished grade, which is determined by assessing the vertical difference at any point along the exposed periphery of the dwelling unit.
• Defines 'dwelling unit' as any portion of a building that contains living facilities, including a room or rooms in a living facility that have shared cooking, bathing, toilet, or laundry facilities, such as dormitories, shelters, assisted living facilities, and boarding homes. 'Dwelling unit' also means living facilities that include provisions for sleeping, cooking, bathing, and toilet facilities for one or more persons and that are used for extended stays, such as time-shares and extended-stay motels. 'Dwelling unit' does not mean a guest room in a motel or hotel.
• Defines 'ICC A117.1' as the 'Standard for Accessible and Usable Buildings and Facilities' 2017 edition, or any successor standard, as adopted by reference by the building code of the responsible enforcement agency;
• Clarifies that 'Type A' and 'Type B multistory dwelling units' must include at least one accessible story that can be accessed via an accessible entrance;
• Requires projects with fewer than 50 units may use any combination of accessible dwelling units to comply with the standards;
• Requires projects with 50 or more units to include at least 2% accessible dwelling units, and that they must include at least on unit that is either a 'Type A', 'Type B', 'Type A Multistory', 'Type B Multistory', or 'Type C visitable' dwelling unit; and
• Permits covered enforcing agencies to develop alternative processes to resolve appeals of orders, decisions, or determinations made by the enforcing agency regarding the application and interpretation of the standards for accessible housing law.
  
  (Note: This summary applies to this bill as enacted.)

     The act authorizes a local government or a special district (local government) to enter into an agreement with one or more entities for the purpose of providing the local government with service from a thermal energy network. A local government that is authorized by law to issue bonds may issue bonds for the purpose of financing thermal energy infrastructure, interconnections, or customer connections within the jurisdiction of the local government.

     The act increases the net electric generating capacity of a community geothermal garden from 5 megawatts to 25 megawatts.

     The act requires the Colorado energy and carbon management commission (commission) and the Colorado geological survey to collect data and information related to geological resources in the state. The commission shall make recommendations to encourage safe and effective development of geothermal resources and report those recommendations to the general assembly on or before November 15, 2026.

     The act requires investor-owned electric utilities (utilities) to identify small-scale geothermal projects and large-scale geothermal projects (geothermal projects). The utility must solicit proposals for the development of small-scale geothermal projects of up to 25 megawatts of net electric generating capacity and large-scale geothermal projects that are greater than 25 megawatts of net electric generating capacity. The utility shall submit applications for the development of the geothermal projects to the public utilities commission if the utility receives a bid in response to the request for proposals. The public utilities commission must review the application and approve, conditionally approve, deny, or modify the application within 120 days after receiving the application.


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

     The Colorado Clean Energy Fund (CCEF) is a nonprofit institution with experience administering clean energy financing programs and is the designated green bank for the federal environmental protection agency's region 8. The CCEF administers an on-bill repayment program (program) to help finance certain energy-related upgrades installed at a utility customer's premises that are associated with the utility meter. Under the program, in partnership with Colorado-based utilities, the CCEF finances energy-related upgrades that are then repaid through a customer's monthly utility bill payments.

     The bill directs the state treasurer to, on August 15, 2026, execute a loan agreement with the CCEF for a low-interest loan of $50 million from the unclaimed property trust fund.The purpose of the loan is to capitalize and expand the CCEF's on-bill repayment program and to accelerate utility adoption of the program.

     The Colorado energy office is required to review the design of the program before August 1, 2026. The bill specifies certain requirements for the program and for a utility to access the funding for the program, including requirements related to disclosures, notices, transfers of responsibility for an on-bill repayment obligation, and interest rates.

     The CCEF is required to submit annual reports to the joint budget committee, the Colorado energy office, and the state treasurer detailing the deployment of the program.
(Note: This summary applies to this bill as introduced.)

     The act implements changes to the practices of the state work force development council (council), including by:

• Streamlining requirements for the council's talent pipeline report based on industry changes over the last several years;
• Creating greater flexibility to allow the council to develop certain criteria for the creation of career pathways based on data and feedback collected by the council;
• Updating the duties of the council to better reflect the council's current education, training, and workforce preparation practices; and
• Amending the directives for and duties of the position of the postsecondary and workforce readiness statewide coordinator, who works under the direction of the council, to better align with the updated working structure of that position as related to several other entities.

     The act decreases the 2026-27 state fiscal year general fund appropriation to the department of labor and employment for use by the division of employment and training, as reflected in the annual general appropriations act, by $46,605, unless the amount of general fund money appropriated for use for the council is less than the adjustment or no general fund money is appropriated for use for the council.


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

     The act creates a process for employers and licensed insurance producers to update an employer's experience modification factor when:

• An open claim is reported by an insurance carrier to the rating bureau with a higher open claim amount than the amount after the claim was closed; and
• The lower claim amount would reduce an employer's experience modification factor at least .05 compared to the previously released experience modification factor or from above 1.0 to 1.0 or below.

     The employer must notify the insurance carrier between the time the claim is reported to a rating bureau and 31 days after the employer's rating effective date. The insurance carrier is required to credit the employer for a premium change resulting from the revised experience modification factor.


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