Bills We're Tracking

Below is a list of all the bills we're tracking. For a sortable list, visit our AirTable here.

Federal COVID Funding For Victim's Services

SB21-292

The federal government enacted the "American Rescue Plan Act of 2021", Pub.L. 117-2, as the act may be subsequently amended, (federal act) to provide support to state, local, and tribal governments in responding to the impact of the COVID-19 public health emergency and to assist them in their efforts to contain the effects of the COVID-19 public health emergency on their communities, residents, and businesses.

As part of the federal act, the state will receive $3,828,761,790 from the federal coronavirus state fiscal recovery fund to be used for specific purposes identified in the federal act. The bill allocates a total of $15 million to be appropriated for victim's services programs and purposes related to populations who have been disproportionately negatively affected by the COVID-19 public health emergency, including those affected by domestic violence and sexual assault. The money will be appropriated from the economic recovery and relief cash fund using money from the federal coronavirus state fiscal recovery fund. All money appropriated through the bill must conform with the eligible uses set forth in the federal act.

The bill appropriates money to the following entities:
- The forensic nurse examiner telehealth program;
- The victims and witnesses assistance and law enforcement fund;
- The address confidentiality program fund; and
- The Colorado domestic abuse program fund for the funding of domestic violence programs.

Upcoming:

House 3rd Reading

06/07/21

10:00 AM

House Chamber

Status:

Passed Senate,House 2nd Reading

Last Updated

June 6, 2021, 3:55:49 PM

Promote Innovative And Clean Energy Technologies

HB21-1324

The bill replaces the integrated gasification combined cycle (IGCC) program, which was repealed in 2019, with a mechanism by which an investor-owned utility seeking to implement an innovative energy technology project may apply to the public utilities commission to acquire resources that demonstrate the use of low- and zero-emission resources and other innovative energy technologies such as advanced renewable energy and storage.

Upcoming:

Senate 2nd Reading

06/07/21

10:00 AM

Senate Chamber

Status:

Introduced in House,Passed House,Introduced in Senate,Senate 2nd Reading

Last Updated

June 6, 2021, 3:55:49 PM

Funding Public Schools Formula

HB21-1325

The bill makes the following changes to the "Public School Finance Act of 1994" (school finance formula), commencing with the 2021-22 budget year:
- Modifies at-risk funding by adding pupils who are eligible for reduced-price lunch under the federal school lunch program, in addition to the free-lunch pupils in the existing definition, and removing from the definition of "at-risk pupils" the subset of English language learners who are currently included in the at-risk pupil count;
- Adds a new English language learner funding factor to the school finance formula for all English language learners included in the prior year's pupil enrollment. The factor is 8% of per pupil funding multiplied by the English language learner enrollment, as defined in the bill.
- Makes corresponding changes to the calculation of district total program funding, minimum per pupil funding, and the minimum per pupil funding base to reflect the school finance formula changes relating to English language learner factor funding; and
- Makes a corresponding change to the statutory district total program amount to reflect the changes to the at-risk funding factor and the addition of the English language learner funding factor.

The bill includes the general assembly's finding that state education fund money may be used for the school finance formula changes in the bill.

Beginning in the 2022-23 budget year, the bill directs the department of education to calculate an override mill match amount for distribution to each school district that is levying 27 mills for total program and that would have to levy more than 30 mills to reach the maximum amount of mill levy override revenue permitted by law. The bill specifies a formula for calculating the amount of the distributions. The bill creates the mill levy override match fund (fund) and the actual mill match amount distributed to school districts is subject to annual appropriations to the fund. A school district must distribute a portion of the override mill match amount that it receives to the charter schools of the school district in the same way it distributes mill levy override revenue.

The bill creates the legislative interim committee on school finance (interim committee). The interim committee will meet during the 2021 and the 2022 legislative interims. The committee consists of 4 senators and 4 representatives with equal representation from each party. The bill specifies the issues the interim committee must consider.

The interim committee will contract with a qualified third-party vendor to study approaches to better measure student economic disadvantage in Colorado in addition to or in lieu of using eligibility for the federal school lunch program as a proxy for at-risk students.
(Note: This summary applies to this bill as introduced.)
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Upcoming:

Senate Appropriations

Status:

Introduced in House,Passed House,Introduced in Senate,Pending Senate Appropriations

Last Updated

June 6, 2021, 3:55:49 PM

2020-21 General Fund Transfer Support Department Of Natural Resources Programs

HB21-1326

In the 2020-21 state fiscal year, the bill transfers $25 million from the general fund as follows:
- Section 1 transfers $750,000 to the Colorado avalanche information center fund for use by the Colorado avalanche information center in the department of natural resources (department) to support backcountry avalanche safety programs;
- Section 2 transfers $3.5 million to the wildlife cash fund for use by the division of parks and wildlife (division) in the department to implement its statewide wildlife action plan and the conservation of native species;
- Section 3 transfers $2.25 million to the search and rescue fund for use by the department of local affairs in consultation with the division to support backcountry search and rescue efforts;
- Section 4 transfers $1 million to the outdoor equity fund for use by the division to implement the outdoor equity grant program; and
- Section 5 transfers $17.5 million to the parks and outdoor recreation cash fund for use by the division as follows:
- $3.5 million for staffing and maintenance projects; and
- $14 million for infrastructure and state park development projects.
- Section 6 appropriates the amounts transferred in sections 1 to 5 to the department and the department of local affairs for the uses specified in sections 1 to 5 and authorizes the use of the money through the 2023-24 state fiscal year

Upcoming:

Senate Appropriations

Status:

Introduced in House,Passed House,Introduced in Senate,Pending Senate Appropriations

Last Updated

June 6, 2021, 3:55:49 PM

American Rescue Plan Act Money To Invest Affordable Housing

HB21-1329

The federal government enacted the "American Rescue Plan Act of 2021" (federal act) to provide support to state, local, and tribal governments in responding to the impact of COVID-19 and to assist them in their efforts to contain the effects of COVID-19 on their communities, residents, and businesses. Under the federal act, the state of Colorado receives over $500 million to address the housing needs of populations, households, or geographic areas disproportionately affected by the COVID-19 public health emergency.
The bill creates the affordable housing and home ownership cash fund (fund) in the state treasury. To respond to the public health emergency with respect to COVID-19 or its negative economic impacts, the bill authorizes the general assembly to appropriate money from the fund to a department for programs or services that benefit populations, households, or geographic areas disproportionately impacted by the COVID-19 public health emergency, focusing on programs or services that address housing insecurity, lack of affordable housing, or homelessness.

Three days after the effective date of the bill, the state treasurer is required to transfer $550 million from the "American Rescue Plan Act of 2021" cash fund to the fund.

The bill requires the executive committee of the legislative council, by resolution, to create a task force to meet during the 2021 interim and issue a report with recommendations to the general assembly and the governor on policies to create transformative change in the area of housing using money the state receives from the federal act. The task force may include nonlegislative members and have working groups created to assist them.

For the 2021-22 state fiscal year, the bill appropriates $100 million to the department of local affairs for use by the division of housing (division). This appropriation is from the fund. To implement the bill, the division may use the appropriation for programs and services that provide gap financing for projects financed through the housing investment trust fund or the housing development grant fund to assist populations, households, or geographic areas disproportionately affected by the COVID-19 public health emergency in order to obtain affordable housing by the acquisition, construction, or renovation of affordable housing projects or land acquisition, thus enabling individuals and families to relocate to neighborhoods with high levels of economic opportunity and reducing concentrated areas of low economic opportunity.

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

Upcoming:

Senate Appropriations

Status:

Introduced in House,Passed House,Introduced in Senate,Pending Senate Appropriations

Last Updated

June 6, 2021, 3:55:49 PM

Protection Of Pregnant People In Perinatal Period

SB21-193

The bill:
- Requires each carrier offering medical malpractice insurance in the state to cover the insured for providing care during the entire course of a person's vaginal birth after a previous caesarian birth;
- Extends the statute of limitations from 2 years to 3 years for actions alleging lack of informed consent in cases related to a pregnant person;
- Repeals language that gives no force or effect to an advanced directive of a person who is pregnant while the person's fetus is viable;
- Requires annual reporting to the legislature on the use of restraints on a pregnant person within each jail, private contract prison, and correctional facility;
- Establishes requirements for each facility that incarcerates or has custody of people with the capacity for pregnancy;
- Requires the Colorado civil rights commission to receive reports from people alleging maternity care that is not organized for, and provided to, a person who is pregnant or in the postpartum period in a manner that is culturally congruent; maintains the person's dignity, privacy, and confidentiality; ensures freedom from harm and mistreatment; and enables informed choices and continuous support; and
- Requires each health facility that provides services related to labor and childbirth to demonstrate to the department of public health and environment that the health facility has a policy that meets certain requirements.
(Note: This summary applies to this bill as introduced.)

Upcoming:

Passed- Pending Governor Signature

Status:

Passed Senate,Passed House

Last Updated

June 6, 2021, 3:55:48 PM

Maternal Health Providers

SB21-194

The bill:
- Requires a carrier offering a health benefit plan in the state, and the department of health care policy and financing when administering the "Colorado Medical Assistance Act", to reimburse health-care providers that provide health-care services related to labor and delivery in a way that promotes high-quality, cost-effective care, prevents risk in subsequent pregnancy, and does not discriminate based on the type of provider or facility;
- Requires each health-care provider licensed by the state to provide health-care services related to labor and delivery to implement best practices for interprofessional collaboration and the transfer of a pregnant person from home or a birthing center to a health facility;
- Requires the health equity commission in the department of public health and environment to study the use of research evidence in policies related to the perinatal period in Colorado and report findings to the general assembly;
- Requires the department of public health and environment to make recommendations to improve numerous topics related to maternal health; and
- Requires the department of health care policy and financing to seek an amendment to the state medical assistance plan to provide 12 months of postpartum medical benefits to persons who qualified for benefits while pregnant.
(Note: This summary applies to this bill as introduced.)

Upcoming:

Senate Reconciliation

06/07/21

10:00 AM

Senate Chamber

Status:

Passed Senate,Passed House,Pending Reconciliation

Last Updated

June 6, 2021, 3:55:48 PM

Create Agricultural Drought And Climate Resilience Office

HB21-1242

Section 1 of the bill creates in the department of agriculture the agricultural drought and climate resilience office (office). The office may provide voluntary technical assistance, nonregulatory programs, and incentives that increase the ability to anticipate, prepare for, mitigate, adapt to, and respond to hazardous events, trends, or disturbances related to drought or the climate. The office may accept gifts, grants, and donations for these purposes. On July 1, 2021, the state treasurer shall transfer all unobligated money in the agriculture value-added cash fund to the newly created agriculture drought and climate resiliency cash fund. The commissioner of agriculture shall appoint the head of the office and may promulgate rules necessary for the administration of the office's assistance, programs, and incentives.Section 2 annually transfers $500,000 from tier 2 of the severance tax operational fund to the new cash fund until July 1, 2029.
(Note: This summary applies to this bill as introduced.)

Upcoming:

House Reconciliation

06/07/21

10:00 AM

House Chamber

Status:

Introduced in House,Passed House,Passed Senate

Last Updated

June 6, 2021, 3:55:48 PM

Wolf Reintroduction Funding With No License Fees

HB21-1243

At the 2020 general election, the voters approved proposition 114, which requires the reintroduction and management of gray wolves. To fund the program implementation and administration, the bill requires the general assembly to appropriate money to the division of parks and wildlife (division) or otherwise authorize the division's expenditure of money from one or more of the following funds:
- The general fund;
- The species conservation trust fund;
- The Colorado nongame conservation and wildlife restoration cash fund; or
- The wildlife cash fund; except that any money within the wildlife cash fund that is generated from the sale of hunting and fishing licenses or from associated federal grants is not available for appropriation.

The division is also authorized to solicit, accept, and expend any grants, gifts, sponsorships, contributions, donations, and bequests, including federal funds, for the program.

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

Upcoming:

Passed- Pending Governor Signature

Status:

Introduced in House,Passed House,Introduced in Senate,Passed Senate,Sent to the Governor

Last Updated

June 6, 2021, 3:55:48 PM

Reduce Greenhouse Gases Increase Environmental Justice

SB21-200

Current law requires the air quality control commission (AQCC) to adopt rules that will result in the statewide reduction of greenhouse gas (GHG) emissions of 26% by 2025, 50% by 2030, and 90% by 2050, as compared to 2005 emissions. Section 2 of the bill supplements these requirements by:
- Directing the AQCC to:
- Consider the social cost of GHG emissions;
- Require GHG reductions on a linear or more stringent path; and
- Finalize its implementing rules by March 1, 2022, including specific net emission weight limits for various emission sectors, subject to modification by the AQCC, including through the use of a multi-sector program;
- Directing each wholesale generation and transmission electric cooperative to file with the public utilities commission a responsible energy plan that will achieve at least an 80% GHG reduction by 2030 as compared to 2005 levels and specifying that if a plan is not filed, the cooperative must achieve at least a 90% GHG reduction by 2030 as compared to 2005 levels; and
- Directing each retail, wholesale, and municipal electric utility and cooperative electric association to reduce its GHG emissions by at least 95% between 2035 and 2040 and by 100% by 2040.
Section 3 adds GHG to the definition of "regulated pollutant", prohibits the AQCC from excluding GHG emissions from the requirement to pay annual emission fees that are based on emissions of regulated pollutants, gives the AQCC rule-making authority to set the GHG annual emission fee, and authorizes the use of these fees for outreach to and engagement of disproportionately impacted communities. Section 4 requires the AQCC's GHG reporting rules to establish an assumed emission rate representing the average regional fossil fuel generation emission rate for electricity generated by a renewable energy resource for which the associated renewable energy credit is not retired in the year generated.Section 5 creates an environmental justice ombudsperson position and an environmental justice advisory board in the department of public health and environment. The ombudsperson and the advisory board will work collaboratively to promote environmental justice in Colorado. Sections 2 and 5 specify processes for soliciting and facilitating input from disproportionately impacted communities regarding proposed AQCC rule changes and departmental decision-making.
(Note: This summary applies to this bill as introduced.)

Upcoming:

Senate 2nd Reading

06/07/21

10:00 AM

Senate Chamber

Status:

Introduced in Senate,Senate 2nd Reading

Last Updated

June 6, 2021, 3:55:48 PM

Public School Air Quality Improvement Grants

SB21-202

The bill transfers $10 million from the general fund to the public school capital construction assistance fund (assistance fund) for the purpose of providing "Building Excellent Schools Today Act" (BEST) grants to fund public school air quality improvement projects. The public school capital construction assistance board (board) is authorized to make the grants and is required to prioritize grant awards based on grant applicants' existing calculated local match requirements for BEST grants, with applicants with the lowest matching money requirements having the highest priority and applicants with the highest matching money requirements having the lowest priority. The board is also required to submit a report about the grants to the general assembly during the department of education's 2022 "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" presentation to legislative committees of reference. Notwithstanding the use of existing calculated local match requirements for grant prioritization purposes, the grants are exempted from existing matching money requirements for BEST grants. The bill makes an appropriation of $10 million from the assistance fund to the board.
(Note: This summary applies to this bill as introduced.)

Upcoming:

Passed- Pending Governor Signature

Status:

Passed House,Passed Senate,Sent to the Governor

Last Updated

June 6, 2021, 3:55:48 PM

Measures to Address Law Enforcement Accountability

HB21-1250

The bill makes changes to the provisions of Senate Bill 20-217, enacted in 2020, (SB 217) to provide clarity and address issues discovered since the passage of the bill. SB 217 used the term "exonerated", but never defined it; the bill defines "exonerated". The bill clarifies some of the circumstances when a body-worn camera must be operating and provisions related to the release of the footage. The bill requires an officer to comply with the body-worn camera requirements if the officer is wearing a body camera, even though the requirement for all officers to wear a body camera does not take effect until July 1, 2023.
SB 217 required law enforcement to report certain information related to each contact an officer has with a person beginning January 1, 2023. The bill changes the start date of the reporting requirement to January 1, 2022. The bill expands the definition of "contact" to include welfare checks. The bill clarifies and adds to some of the information that must be reported.

SB 217 required the peace officers standards and training (P.O.S.T.) board to permanently decertify a peace officer if the officer failed to intervene and serious bodily injury or death occurred. The bill changes the penalty to a suspension of the officer's certification for one year.

Under current law, there is a civil action that permits suit against employers of local law enforcement officers for misconduct. The bill permits the Colorado state patrol to also be sued via that civil action. The bill also requires the employer to conduct an investigation of an officer prior to determining if the officer acted in good faith.

If a person believes that a law enforcement agency has violated the investigation requirement, the person must submit a complaint to the P.O.S.T. board, which shall refer the complaint to an administrative law judge to determine whether a violation occurred. The administrative law judge shall notify the P.O.S.T. board chair of a finding that a violation occurred. If a violation is found, the P.O.S.T. board shall not provide P.O.S.T. cash fund money to the employer for one full year from the date of the finding.

The bill requires a peace officer to use de-escalation techniques prior to the use of physical force and requires the use of physical force to be objectively reasonable.

The bill requires that prior to hiring a new employee, appointing a new employee, or transferring an existing employee to a position requiring P.O.S.T. certification, a law enforcement agency shall determine if the person has a record contained in the P.O.S.T. misconduct database. If the person is listed in the database and the law enforcement agency proceeds to employ the person in a position requiring P.O.S.T. certification, the agency shall notify the P.O.S.T. board of the hire, appointment, or transfer.

The bill clarifies and adds to some of the information required to be included in the P.O.S.T. board database related to peace officer misconduct.

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

Upcoming:

Senate 3rd Reading

06/07/21

10:00 AM

Senate Chamber

Status:

Introduced in House,Passed House,Introduced in Senate,Senate 2nd Reading

Last Updated

June 6, 2021, 3:55:48 PM

Appropriate Use Of Chemical Restraints On A Person

HB21-1251

The bill requires an agency that uses a chemical restraint to ensure that a person administering ketamine, haloperidol, or any other medication that is severely dependent on the weight of an individual or may result in a severe or adverse reaction with improper dosage in a nonhospital setting does so when staff trained in the administration of such medication can monitor the vital signs of the individual and weigh the individual to ensure accurate dosage.
Absent a justifiable emergency, a person shall not administer a chemical restraint in a nonhospital setting to subdue, sedate, or chemically incapacitate an individual for alleged or suspected criminal, delinquent, or suspicious conduct.

The bill prohibits a peace officer from using, requesting, causing, directing, or influencing the use of a chemical restraint upon another person.

The bill prohibits a peace officer from compelling, requesting, causing, directing, or influencing an emergency medical service provider (EMS provider) to administer a chemical restraint. An EMS provider shall confidentially report a peace officer's violation to the P.O.S.T. board within 10 days of the occurrence, and a peace officer shall not retaliate in any way against an EMS provider for reporting the incident. A peace officer shall not influence an EMS provider's medical decision or diagnosis, and an EMS provider shall not base its medical decision exclusively on information provided by a peace officer.

When a peace officer directs a person to assist the peace officer, the person is prohibited from administering a chemical restraint.

The bill requires a peace officer who witnesses another peace officer use a chemical restraint in pursuance of the peace officer's duties to report such use to the P.O.S.T. board. The report must be in writing and made within 10 days of the occurrence of the use of a chemical restraint. Any peace officer who fails to report use of a chemical restraint commits a class 1 misdemeanor.

The bill requires a peace officer to intervene, without regard for chain of command, to prevent or stop another peace officer from using a chemical restraint in pursuance of the other peace officer's duties. A peace officer who intervenes shall report the intervention to the peace officer's immediate supervisor. A member of a law enforcement agency shall not discipline or retaliate in any way against a peace officer for intervening. Any peace officer who fails to intervene commits a class 1 misdemeanor, and the officer's certification is subject to revocation.

The bill changes the structure of the emergency medical practice advisory council (advisory council) by adding an EMS provider certified or licensed at an advanced life support level, an anesthesiologist, a registered nurse or physician's assistant certified or licensed at a basic life support level, a clinical pharmacist, and a clinical psychiatrist. Members of the advisory council shall not have any conflicts of interest, and no more than 5 members of the advisory council may be members of, or have a direct affiliation with, the National Association of EMS Physicians.

The bill requires the advisory council to submit a report to the general assembly any time the advisory council advises or recommends authorizing the administration of any chemical restraints.

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

Upcoming:

House Reconciliation

06/07/21

10:00 AM

House Chamber

Status:

Introduced in House,Passed House,Introduced in Senate

Last Updated

June 6, 2021, 3:55:48 PM

Protection Order Issued Against Domestic Abuser

HB21-1255

The bill modifies the required procedures relating to a respondent's firearms or ammunition following the issuance of a protection order.

The bill requires a person to complete an affidavit, which must be filed in the court record within 7 business days after a protection order is issued against them, stating the number of firearms, the type of each firearm, and the location of all firearms in the person's immediate possession or control. If the person does not possess a firearm at the time the order is issued, the person shall indicate such nonpossession in the affidavit.
The bill requires the court to conduct a compliance hearing within 7 business days after the issuance of a protection order if the person has not completed the affidavit. For criminal cases, the court may consider the issue in other proceedings before the court and the hearing is considered a court action involving a bond reduction or modification. Information compelled or any information directly or indirectly derived from testimony, the affidavit, or other information shall not be used against the defendant in any criminal case, except for prosecution of perjury.

The bill excludes legal holidays and weekends from the current time frame a person has to relinquish a firearm. The bill allows a court to grant a person an additional 24 hours to relinquish a firearm if the person is unable to comply with the required time frame of relinquishment.

The bill requires a federally licensed firearms dealer, law enforcement agency, or private party to issue a signed declaration memorializing the sale or transfer of the firearm.

The bill allows a law enforcement agency to enter into an agreement with any other law enforcement agency or storage facility for the storage of transferred firearms. The bill requires a law enforcement agency that elects to store a firearm to obtain a search warrant to examine or test the firearm or facilitate any criminal investigation if the law enforcement agency has probable cause to believe the firearm has been used in the commission of a crime, is stolen, or is contraband.

The bill prohibits the person from transferring the firearm to a private party living in the same residence as the person at the time of transfer. The bill prohibits a private party from returning a firearm to the person until the private party receives a written statement of the results of the background check conducted by the Colorado bureau of investigation authorizing the return of the firearm to the person.

Current law requires a copy of the written receipt and the written statement of the criminal background check to be filed with the court as proof of relinquishment. The bill requires the signed declaration to be filed with the court instead of the receipt. Both the signed declaration and written statement are only available for inspection by the court and the parties to the proceeding.

A federally licensed firearms dealer, law enforcement agency, storage facility, or private party that elects to store a firearm is not civilly liable for any resulting damages to the firearm, as long as such damage did not result from the willful and wrongful act or gross negligence of the person or agency storing the firearm.

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

Upcoming:

Passed- Pending Governor Signature

Status:

Passed House,Passed Senate,Sent to the Governor

Last Updated

June 6, 2021, 3:55:48 PM

Delivering Health-care Services Through Telemedicine

HB21-1256

Current law states that in-person contact between a health-care provider or mental health-care provider and a patient is not required under the state's medicaid program for services delivered through telemedicine that are otherwise eligible for reimbursement under medicaid. The bill requires the department of health care policy and financing to promulgate rules specifically relating to entities that deliver health-care or mental health-care services exclusively or predominately through telemedicine.
(Note: This summary applies to this bill as introduced.)

Upcoming:

Passed- Pending Governor Signature

Status:

Passed House,Passed Senate,Sent to the Governor

Last Updated

June 6, 2021, 3:55:48 PM

Rapid Mental Health Response For Colorado Youth

HB21-1258

The bill establishes a temporary youth mental health services program (program) in the office of behavioral health (office) within the department of human services to facilitate access to mental health services for youth to respond to identified mental health needs, including those needs that may have resulted from the COVID-19 pandemic. The program reimburses providers for up to 3 mental health sessions with a youth and may provide additional reimbursement subject to available money.
As soon as practicable, but no later than May 31, 2021, the department of human services is required to enter into an agreement with a vendor to create, or use an existing, website or web-based application as a portal available to youth and providers to facilitate the program.

The program is repealed, effective June 30, 2022.

The bill makes an appropriation.

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

Upcoming:

House Reconciliation

06/07/21

10:00 AM

House Chamber

Status:

Passed House,Passed Senate

Last Updated

June 6, 2021, 3:55:48 PM

Environmental Justice Disproportionate Impacted Community

HB21-1266

Section 3 of the bill defines "disproportionately impacted community".Section 4 requires the air quality control commission to promote outreach to and engage with disproportionately impacted communities by creating new ways to gather input from communities across the state, using multiple languages and multiple formats, and transparently sharing information about adverse effects resulting from its proposed actions.Section 5 creates the environmental justice action task force (task force) in the department of public health and environment (department), the goal of which is to propose recommendations to the general assembly regarding practical means of addressing environmental justice inequities. The task force will:
- Hold meetings to solicit public comment concerning the development of a state agency-wide environmental justice strategy and a plan to implement that strategy, including ways to address data gaps and data sharing between state agencies and the engagement of disproportionately impacted communities;
- Evaluate and propose recommended revisions to the definition of "disproportionately impacted community" and the state agencies and their proposed actions that are subject to section 3; and
- File a final report by November 14, 2022, regarding its recommendations.

The department will report on the task force during the department's "SMART Act" presentations.

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

Upcoming:

Senate Finance

06/07/21

Upon Adjournment

SCR 357

Status:

Introduced in House,Passed House,Introduced in Senate,Pending Scheduling in Committee

Last Updated

June 6, 2021, 3:55:48 PM

Create Front Range Passenger Rail District

SB21-238

The bill creates the front range passenger rail district (district) for the purpose of planning, designing, developing, financing, constructing, operating, and maintaining an interconnected passenger rail system (system) along the front range. The district is specifically required to work collaboratively with the regional transportation district (RTD) to ensure interconnectivity with any passenger rail system operated by or for the RTD and with Amtrak on interconnectivity with Amtrak's Southwest Chief, California Zephyr, and Winter Park Express trains, including but not limited to rerouting of the Amtrak Southwest Chief passenger train. If deemed appropriate by the board of directors of the district and by the board of directors of RTD, the district may share with RTD capital costs associated with shared use of rail line infrastructure in the northwest rail line corridor for passenger train service.
The area that comprises the district extends from Wyoming to New Mexico and includes:
- The entirety of the city and county of Broomfield and the city and county of Denver;
- All areas within Adams, Arapahoe, Boulder, Douglas, El Paso, Huerfano, Jefferson, Larimer, Las Animas, Pueblo, and Weld counties that are located within the territory of a metropolitan planning organization (MPO);
- All areas within Huerfano, Las Animas, and Pueblo counties that are not located within the territory of a MPO and are located within a county precinct that is located wholly or partly within 5 miles of the public right-of-way of interstate highway 25; and
- All areas within Larimer and Weld counties that are not located within the territory of a MPO and are located within a county precinct that is north of the city of Fort Collins and is located wholly or partly within 5 miles of the public right-of-way of interstate highway 25.
The district is governed by a board of directors composed of appointees of transportation planning organizations that have jurisdiction within the territory of the district, the governor, and the executive director of the department of transportation (CDOT), as well as a nonvoting representative of RTD, and, if the respective governors and chief executive officers choose to make appointments, nonvoting representatives of the BNSF Railway, the Union Pacific Railroad, Amtrak, and communities in Wyoming and New Mexico. Of the directors appointed by the governor, one must be a representative of organized labor and one must be a representative of a conservation organization with expertise in transit-oriented land use planning. The board must be fully appointed by April 1, 2022, with an earlier appointment deadline for some appointees. The board must convene for its initial meeting not later than May 15, 2022, and on that date, the existing southwest chief and front range passenger rail commission is terminated and any remaining commission funds are transferred to the district.

The district is authorized to exercise the powers necessary to plan, design, develop, finance, construct, operate, and maintain the system including but not limited to:
- The power, subject to the approval of the voters of the district and other specified limitations, to levy a sales and use tax and to exercise specified taxing authority common to special districts within the district and to issue bonds;
- The power, subject to the approval of the owners of property within a 2-mile radius of any existing or proposed passenger rail station, to create a station area improvement district with the authority to levy additional sales and use tax, special assessments on real property, or both, to cover the costs of construction, operation, and maintenance of the station;
- The power to enter into public-private partnerships; and
- The power to employ its own personnel or contract with public or private entities, or both, for the operation and maintenance of the system.
- (Note: This summary applies to this bill as introduced.)

Upcoming:

Passed- Pending Governor Signature

Status:

Introduced in Senate,Passed Senate,Introduced in House,Passed House,Sent to the Governor

Last Updated

June 6, 2021, 3:55:48 PM

Housing Development Grants Hotels Tenancy Support Program

SB21-242

The bill allows the division of housing within the department of local affairs to use the housing development grant fund for rental assistance, tenancy support service programs, and awarding grants and loans for the purchase of underutilized hotels, underutilized motels, and other underutilized properties. The bill expands those who are eligible to benefit from the rental assistance and tenancy support programs to include individuals experiencing homelessness.
The bill also transfers $15 million from the general fund to the housing development grant fund for the funding of rental assistance and tenancy support programs for individuals experiencing homelessness related to underutilized hotels, underutilized motels, and other underutilized properties, and the awarding of grants and loans for the purchase of underutilized hotels, underutilized motels, and other underutilized properties.

Finally, the bill requires the department of local affairs, during its annual report to the assigned committee of reference, to report on the rental and tenancy support service programs provided by the division of housing for individuals experiencing homelessness related to underutilized hotels, underutilized motels, and other underutilized properties and the grants and loans awarded by the division in relation to the rental, acquisition, or renovation of underutilized hotels, underutilized motels, and other underutilized properties.

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

Upcoming:

House 3rd Reading

06/07/21

10:00 AM

House Chamber

Status:

Introduced in Senate,Passed Senate,Introduced in House

Last Updated

June 6, 2021, 3:55:48 PM

Adjust Redistricting Commission Procedures

SB21-247

Executive Committee of the Legislative Council.

The COVID-19 pandemic has caused a delay in the ability of the United States Census Bureau (Census Bureau) to deliver to the state the population and demographic data necessary to redraw election districts. The Census Bureau has indicated that the final census data will not be available for at least 6 months after the deadline contemplated in federal law. Under the current definition of "necessary census data" contained in state law, this delay prevents the independent congressional redistricting commission and the independent legislative redistricting commission (commissions) from completing their work by the deadlines in the constitution. An extended delay in finalizing the commissions' redistricting plans will make it impossible to complete all of the steps in the 2022 election procedures in time for the general election.

For the commissions convened in 2021 only, the bill amends the definition of "necessary census data" to allow the preliminary and staff plans to be developed using the data on the total population by state that will be released by the Census Bureau on April 30, 2021, and other population and demographic data from federal or state sources that are approved by the commissions. Once final census data is released by the Census Bureau, the nonpartisan staff of the commission must complete adjustments for incarcerated populations required by current law within 5 days. All staff plans presented to the commissions or submitted to the Colorado supreme court after that date must use the final data as adjusted. A plan approved by the Colorado supreme court must be based on the final data as adjusted.

Upcoming:

Postpone Indefinitely

Status:

Introduced in Senate,Passed Senate,Introduced in House,Postponed Indefinitely

Last Updated

June 6, 2021, 3:55:48 PM

Department Of Local Affairs Innovative Affordable Housing Strategies

HB21-1271

The bill creates 3 different programs in the department of local affairs (DOLA) for the purpose of offering grant money and other forms of state assistance to local governments to promote innovative solutions to the development of affordable housing across the state.Local government affordable housing development incentives grant program (housing development incentives grant program). This program will provide grants to local governments that adopt not less than 3 policy and regulatory tools from among a menu of options that create incentives to promote the development of affordable housing. A local government that adopts such tools is eligible for a grant from the housing development incentives grant program as an incentive to develop one or more affordable housing developments in their community that are liveable, vibrant, and driven by community benefits. The division of local government (DLG) within DOLA administers the housing development incentives grant program.
The bill enumerates items included in the menu of policy and regulatory tools.
Local government planning grant program. This program will provide grants to local governments that lack one or more of the policy and regulatory tools that provide incentives to promote the development of affordable housing that forms the basis for a grant under the housing development incentives grant program and that could benefit from additional funding to be able to create and make use of these policy and regulatory tools. Money under the planning grant program will be available to a local government to enable the government to retain a consultant or a related professional service to assess the housing needs of its community or to make changes to its policies, programs, development review processes, land use codes, and related rules to become an eligible recipient of a grant under the housing development incentives grant program. The planning grant program will be administered by the DLG. As part of its administration of the planning grant program, the DLG will provide assistance to local governments on best land use practices and tools and is required to update and publish model county and municipal land use codes for the benefit of local governments across the state.The affordable housing guided toolkit and local officials guide program (housing toolkit program). This program creates the housing toolkit program within the division of housing (DOH) within DOLA. The purpose of the housing toolkit program is to award funding to qualified counties and municipalities selected in a competitive process who commit to the adoption of best land use practices with demonstrated success in the development of affordable housing. Under the housing toolkit program, technical assistance will be provided by consultants and related professionals to local governments who demonstrate an understanding of the housing needs of their communities, take steps to engage their entire communities in this process, make changes to their land use codes and related processes that provide incentives and reduce barriers to the development of affordable housing, obtain and support viable sites in their communities for the development of affordable housing, and attract developers committed to making such investments in their communities. The DOH is to administer the housing toolkit program.
In evaluating applications for grants from the housing development incentives grant program, the bill requires the DLG to prioritize proposals submitted by local governments based on factors specified in the bill.

On or before September 1, 2021, the bill requires the executive director of DOLA or the executive director's designee to adopt policies, procedures, and guidelines for the 3 different state assistance programs that include, without limitation:
- Procedures and timelines by which an eligible recipient may apply for a grant;
- Criteria for determining the amount of grant awards;
- Performance criteria for grant recipients' projects; and
- Reporting requirements for grant recipients.

On the effective date of the bill, or as soon as practicable thereafter, the state treasurer is required to transfer $9,300,000 from the general fund to the Colorado heritage communities fund for the creation, implementation, and administration by the DLG of the housing development incentives grant programs.

On the effective date of the bill, or as soon as practicable thereafter, the state treasurer is required to transfer $2,100,000 from the general fund to the Colorado heritage communities fund for the creation, implementation, and administration by the DLG of the planning grant program.

On the effective date of the bill, or as soon as practicable thereafter, the state treasurer is required to transfer $1,600,000 from the general fund to the housing development grant fund for the creation, implementation, and administration by the DOH of the housing toolkit program.

All costs incurred in administering any of the 3 programs created under the bill must be paid out of the money transferred under the bill. All money transferred under the bill for the 3 state programs must be expended over the subsequent 3 state fiscal years.

On or before November 1 of each year, the executive director of DOLA or the director's designee is required to publish a report summarizing the use of all assistance that was awarded from the 3 different programs created under the bill in the preceding fiscal year. The bill specifies additional required contents of the reports. The reports must be shared with the general assembly and posted on DOLA's website.

The bill updates and repeals obsolete statutory provisions concerning the office of smart growth (OSG) within DOLA and the Colorado heritage communities fund.

The bill authorizes the OSG, as money becomes available, to provide grants or other forms of assistance to counties and municipalities to address critical planning issues and specifies examples of the forms of assistance that may be provided by the office. The OSG is required to create guidelines to specify the activities on the part of local governments that will qualify for grant funding or other forms of assistance provided under the bill. The OSG is permitted to use available money to administer the Colorado heritage grant program.

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

Upcoming:

Senate 3rd Reading

06/07/21

10:00 AM

Senate Chamber

Status:

Introduced in House,Passed House,Introduced in Senate

Last Updated

June 6, 2021, 3:55:48 PM

Unused State-owned Real Property Beneficial Use

HB21-1274

The bill requires the department of personnel (department) to create and maintain an inventory of unused state-owned real property and to determine whether the unused state-owned real property identified is suitable for construction of affordable housing or placement of renewable energy facilities, or if such property is suitable for other purposes.
The department is authorized to seek proposals from qualified developers to construct affordable housing or to place renewable energy facilities on unused state-owned real property that the department has deemed suitable.

The department is authorized to enter into contracts with qualified developers for proposals to construct affordable housing or to place renewable energy facilities on unused state-owned real property that the department has deemed suitable, subject to available appropriations.

The bill creates the unused state-owned real property cash fund to which the state treasurer is required to credit all proceeds from the sale, rent, or lease of unused state-owned real property.

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

Upcoming:

Passed- Pending Governor Signature

Status:

Introduced in House,Passed House,Introduced in Senate,Passed Senate,Sent to the Governor

Last Updated

June 6, 2021, 3:55:48 PM

Medicaid Reimbursement For Services By Pharmacists

HB21-1275

The bill requires that a pharmacist receive reimbursement under the medical assistance program for providing services authorized in statute, which reimbursement must be equivalent to the reimbursement provided to a physician or advanced practice nurse for the same services rendered, including services delivered by a pharmacist through telemedicine. The department of health care policy and financing is directed to seek any federal authorization necessary to receive federal matching money for the reimbursements.
Further, the bill allows a pharmacist or pharmacy with authority to administer extended-release injectable medications for the treatment of mental health or substance use disorders to seek reimbursement for those medications under the medical assistance program as either a pharmacy benefit or as a medical benefit.

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

Upcoming:

Passed- Pending Governor Signature

Status:

Passed House,Passed Senate

Last Updated

June 6, 2021, 3:55:48 PM

Prevention Of Substance Use Disorders

HB21-1276

Section 2 of the bill requires a health benefit plan issued or renewed on or after January 1, 2023, to provide coverage for nonpharmacological treatment as an alternative to opioids. The required coverage must include, at a cost-sharing amount not to exceed the cost-sharing amount for a primary care visit for non-preventive services and without a prior authorization requirement, at least 6 physical therapy visits, 6 occupational therapy visits, 6 chiropractic visits, and 6 acupuncture visits per year. Section 3 requires an insurance carrier (carrier) that provides prescription drug benefits to provide coverage, beginning January 1, 2023, for at least one atypical opioid that is approved by the federal food and drug administration (FDA) for the treatment of acute or chronic pain, which coverage must be at the lowest cost-sharing tier of the carrier's formulary with no requirement for step therapy or prior authorization. Additionally, a carrier cannot require step therapy for any additional FDA-approved atypical opioids. Section 4 precludes a carrier that has a contract with a physical therapist, occupational therapist, chiropractor, or acupuncturist from:
- Prohibiting the physical therapist, occupational therapist, chiropractor, or acupuncturist from, or penalizing the physical therapist, occupational therapist, chiropractor, or acupuncturist for, providing a covered person information on the amount of the covered person's financial responsibility for the covered person's physical therapy, occupational therapy, chiropractic services, or acupuncture services; or
- Requiring the physical therapist, occupational therapist, chiropractor, or acupuncturist to charge a covered person an amount or collect a copayment from a covered person that exceeds the total charges submitted to the carrier by the physical therapist, occupational therapist, chiropractor, or acupuncturist.
The commissioner is required to take action against a carrier that the commissioner determines is not complying with these prohibitions.

Current law limits specified prescribers from prescribing more than a 7-day supply of an opioid to a patient who has not obtained an opioid prescription from that prescriber within the previous 12 months unless certain conditions apply. This prescribing limitation is set to repeal on September 1, 2021. Sections 5 through 13 continue the prescribing limitation indefinitely.
Section 5 also requires the executive director of the department of regulatory agencies to promulgate rules that limit the supply of a benzodiazepine, which is a sedative commonly prescribed for anxiety and as a sleep aid, that a prescriber may prescribe to a patient who has not had a prescription for a benzodiazepine in the last 12 months.
Section 14 requires a licensed physician and licensed physician assistant to demonstrate compliance with continuing medical education concerning prescribing practices for opioids as a condition of license renewal. Section 15 requires the Colorado medical board (board) to consult with the center for research into substance use disorder prevention, treatment, and recovery support strategies (center) to promulgate rules establishing competency-based continuing education requirements for physicians and physician assistants concerning prescribing practices for opioids. Section 16 continues indefinitely the requirement that a health-care provider query the prescription drug monitoring program (program) before prescribing an opioid, including a benzodiazepine, and changes current law to require the query on every prescription fill, not just the second fill.
In addition to current law allowing medical examiners and coroners to query the program when conducting an autopsy, section 16 allows medical examiners and coroners to query the program when conducting a death investigation.

Section 16 also authorizes the board to provide a means of sharing prescription information from the program with the health information organization network in order to work collaboratively with statewide health information exchanges designated by the department of health care policy and financing.
Section 17 requires the center to include in its continuing education activities the best practices for prescribing benzodiazepines and the potential harm of inappropriately limiting prescriptions to chronic pain patients and makes an appropriation for this purpose. Section 18 directs the office of behavioral health in the department of human services to convene a collaborative with institutions of higher education, nonprofit agencies, and state agencies for the purpose of gathering feedback from local public health agencies, institutions of higher education, nonprofit agencies, and state agencies concerning evidence-based prevention practices.
(Note: This summary applies to this bill as introduced.)

Upcoming:

House Reconciliation

06/07/21

10:00 AM

House Chamber

Status:

Passed House,Passed Senate,Pending Reconciliation

Last Updated

June 6, 2021, 3:55:48 PM

Pre-trial Detention Reform

HB21-1280

The bill requires a court to hold a bond setting hearing within 48 hours after an arrestee's arrival at a jail or holding center beginning on April 1, 2022.

Under current law, a person is allowed to post bond within 2 hours after the sheriff receives the bond information. The bill repeals that requirement. The bill states a bond may be paid at a minimum by cash, money order, or cashier's check, and a judge, judicial officer, or bond hearing officer shall not require a monetary bond be paid in the defendant's name. The bill requires that a defendant who posts bond be released from custody within 6 hours after bond is set. If the custodian fails to release the defendant within 6 hours after the bond has been set, the custodian shall inform the defendant and any person posting bond on behalf of the defendant the reason for the delay and shall document the reason for delay in the defendant's file. The bill requires that after a bond has been paid, the defendant and surety, if any, receive a copy of the bond paperwork, a notice of rights related to bonding, and information regarding the defendant's next court date. The bill requires each jurisdiction to establish a way to pay bond online by January 1, 2022. The bill states that a bond is posted when the surety or defendant pays the bond as evidenced by the time stamp on the bond or bond receipt.
Each sheriff shall post a notice of rights related to bonding on the sheriff's website, including information about how to file a complaint for violations. The sheriff shall include the notice in the inmate handbook and must provide the notice free of charge to anyone requesting a copy. The sheriff shall post a notice that contains the bonding information in the common area of the jail in a location clearly visible to the inmates and clearly visible in the public portion of the jail where a person posts bond.

By October 1, 2021, each sheriff shall:
- Create written policies to comply with statutory bonding requirements;
- Review and update the sheriff's website, signage, paperwork, and forms related to bonding to reflect current law; and
- File a certificate of compliance with the statutory bonding provisions with the division of criminal justice in the department of public safety.

In the case of multiple documented failures to comply with the statutory bonding provisions, the state or any agency of the state may deny any funding request of the sheriff.

The bill creates the position of a bond hearing officer to conduct bond hearings on weekends and holidays throughout the state using audiovisual technology. The bond hearing officer conducts bond hearings throughout the state in the counties that request the service of the bond hearing officer. The public will be able to view the hearings. For each case heard by the bonding hearing officer, the arresting jurisdiction shall electronically transmit the arrest report, pretrial services information, and all other relevant information to the bonding hearing officer prior to the hearing.

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

Upcoming:

Passed- Pending Governor Signature

Status:

Passed House,Passed Senate,Sent to the Governor

Last Updated

June 6, 2021, 3:55:48 PM

Community Behavioral Health Disaster Program

HB21-1281

The bill requires the department of public health and environment (department) to implement the community behavioral health disaster preparedness and response program (program) using existing initiatives and activities to ensure that behavioral health is adequately represented within disaster preparedness and response efforts across the state. The program is intended to enhance, support, and formalize behavioral health disaster preparedness and response activities conducted by community behavioral health organizations.
The bill requires the department to promulgate rules as necessary for the oversight and management of the program; work collaboratively with community behavioral heath organizations; create, define, and publish eligibility criteria for community behavioral health organizations to participate in the program; and provide funding to community behavioral health organizations on an annual or as-needed basis for the activities the organizations conduct.

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

Upcoming:

Passed- Pending Governor Signature

Status:

Passed House,Passed Senate,Sent to the Governor

Last Updated

June 6, 2021, 3:55:48 PM

Marriage Or Civil Union License Procedures

HB21-1287

The bill authorizes, subject to limitations, a county clerk and recorder to permit the parties to a proposed marriage or civil union to satisfy the requirement to appear before the county clerk and recorder by interactive audiovisual communication technology, mail, fax, or online functionality, for the purpose of satisfying certain requirements for a marriage license or civil union license.
A county clerk and recorder who permits the parties to a proposed marriage or civil union to satisfy certain requirements without appearing in person and staff members who carry out duties on behalf of the county clerk and recorder are encouraged to seek and receive training from a law enforcement agency concerning human trafficking in Colorado.

The bill repeals the option of using these procedures for a marriage license or civil union license effective December 31, 2023.

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

Upcoming:

Passed- Pending Governor Signature

Status:

Passed House,Passed Senate

Last Updated

June 6, 2021, 3:55:48 PM

Additional Funding For Just Transition

HB21-1290

The bill makes general fund transfers of $8 million to the just transition cash fund (fund) and $7 million to a newly created coal transition worker assistance program account (account) in the fund. The just transition office (office) is required to expend at least 70% of the money transferred to the fund in state fiscal year (FY) 2021-22 and any remaining money in state FY 2022-23 to implement the final just transition plan for Colorado and to provide supplemental funding for existing state programs that the office identifies as the most effective vehicles for targeted investment in coal transition communities. In expending the money, the office is required to develop specific criteria for prioritizing the expenditures, emphasize investment in tier one transition communities, as defined by the bill, and support specified types of programs in accordance with specified requirements and limitations.
Subject to specified requirements and limitations, the department of labor and employment is required to expend at least 70% of the money transferred to the account in state FY 2021-22 and any remaining money in state FY 2022-23 first for assistance programs that directly assist coal transition workers and then, if money remains, to support family and other household members of coal transition workers and create and implement a pilot program to test innovative coal transition work support programs.

The bill also amends and supplements existing definitions of "coal transition community" and "coal transition worker" to improve the implementation of just transition.

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

Upcoming:

Passed- Pending Governor Signature

Status:

Introduced in House,Passed House,Introduced in Senate,Passed Senate,Sent to the Governor

Last Updated

June 6, 2021, 3:55:48 PM

Elections And Voting

SB21-250

The bill amends various laws related to the conduct of elections, including provisions related to:
- Procedures for registering to vote and for automatic voter registration through voter registration agencies;
- Requirements related to political party organization, including requirements for precinct caucuses, county assemblies, and vacancy committees;
- Ballot access for candidates, including repealing the ability of an unaffiliated candidate for president of the United States to be nominated by paying a fee;
- Requirements for voter service and polling centers, voting in person, and emergency voting;
- Procedures for challenges to a person's right to vote;
- Procedures and requirements for circulating recall petitions and the conduct of recall elections, including municipal and local government recall elections;
- Prohibitions on electioneering in and within 100 feet of a polling place; and
- Requirements for filing initiative petitions.
(Note: This summary applies to this bill as introduced.)

Upcoming:

Senate Reconciliation

06/07/21

10:00 AM

Senate Chamber

Status:

Introduced in Senate,Passed Senate,Introduced in House,Passed House,Pending Reconciliation

Last Updated

June 6, 2021, 3:55:48 PM

Community Revitalization Grant Program

SB21-252

The bill establishes the community revitalization grant program (grant program) in the division of creative industries (division) in the office of economic development (office). The grant program is established to provide money awards to finance various projects across the state that are intended to create or revitalize mixed-use commercial centers. The grant program is intended to support creative projects in these commercial centers that would combine revitalized or newly constructed commercial spaces with public or community spaces including but not limited to certain projects specified in the bill. In allocating grant money under the grant program, preference will be given to certain projects based on prioritization factors enumerated in the bill. All grants awarded under this section must be encumbered no later than December 31, 2022.
The division will administer the grant program in consultation with the division of local government (DLG) in the department of local affairs. The division may contract out part of its administrative duties under the grant program to a third-party administrative entity.

In connection with the administration of the grant program, the division and DLG are required to collaborate in creating a process that ensures that grants are only considered and awarded after a fair and rigorous open competition among eligible grant recipients. The division and DLG are also required to collaborate on the review of grant applications and the approval of grant awards. In connection with the review of grant applications and awards, the division must solicit input from a stakeholder group that includes representation from various groups and entities as specified in the bill.

On or before September 1, 2021, the director of the division, in consultation with the director of the DLG or their designees, are required to adopt polices, procedures, and guidelines for the grant program that include without limitation:
- Procedures and timelines by which an eligible recipient may apply for a grant;
- Criteria for determining grant eligibility and grant amounts; and
- Reporting requirements for grant recipients.

The bill specifies the types of projects meriting preference in the awarding of grants.

The bill creates the community revitalization fund (fund) in the state treasury. On the effective date of the bill, or as soon as practicable thereafter, the state treasurer is required to transfer $65 million from the general fund to the fund. All money transferred is to be used for either grant awards or the costs of administering the grant program.

On or before November 1, 2022, and on or before November 1, 2023, the division is required to publish a report summarizing the use of all of the money that was awarded as grants under the grant program in the preceding fiscal year. The bill specifies additional required components of the report. The report must be posted on the website of the office. The bill requires the office to summarize the information contained in the report in its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearings.

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

Upcoming:

Passed- Pending Governor Signature

Status:

Introduced in Senate,Passed Senate,Introduced in House,Passed House,Sent to the Governor

Last Updated

June 6, 2021, 3:55:48 PM

Free Menstrual Hygiene Products To Students

SB21-255

The bill creates in the department of education the menstrual hygiene products accessibility grant program to provide awards to eligible local education providers in order to provide menstrual hygiene products at no expense to students.

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

Upcoming:

Passed- Pending Governor Signature

Status:

Passed Senate,Passed House,Sent to the Governor

Last Updated

June 6, 2021, 3:55:48 PM

Local Regulation Of Firearms

SB21-256

The bill declares that the regulation of firearms is a matter of state and local concern. Existing law prohibits a local government from enacting an ordinance, regulation, or other law that prohibits the sale, purchase, or possession of a firearm. The bill permits a local government to enact an ordinance, regulation, or other law governing or prohibiting the sale, purchase, transfer, or possession of a firearm, ammunition, or firearm component or accessory that is not less restrictive than state laws governing the sale, purchase, transfer, or possession of the firearm, ammunition, or firearm component or accessory.
Existing law prohibits a local government from enacting an ordinance or resolution that conflicts with state law regarding concealed carry of handguns. The bill permits a local government, including a special district, and governing board of an institution of higher education to enact an ordinance, resolution, rule, or other regulation that prohibits a permittee from carrying a concealed handgun in a building or specific area within the local government's or governing board's jurisdiction.

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

Upcoming:

Passed- Pending Governor Signature

Status:

Passed Senate,Passed House,Sent to the Governor

Last Updated

June 6, 2021, 3:55:48 PM

Expand Firearm Transfer Background Check Requirements

HB21-1298

Under existing federal law, a licensed gun dealer may transfer a firearm to another person prior to receiving the results of a required background check if 3 days have elapsed since the dealer initiated the background check; state law does not generally require a background check prior to a transfer by a licensed gun dealer. The bill establishes a state requirement for a licensed gun dealer to obtain approval for a firearms transfer from the Colorado bureau of investigation (bureau) prior to transferring a firearm.
The bill prohibits the bureau from approving the transfer of a firearm to a person who was convicted of specified misdemeanor offenses. The bill also prohibits the bureau from approving a firearms transfer until the bureau determines that its background investigation is complete and that the transfer would not violate federal prohibitions on firearms possession or result in a violation of state law.

Under existing law, a person who has been denied a firearms transfer following a background check can appeal the denial. The bureau is required to review background check records that prompted the denial and render a final administrative decision regarding the denial within 30 days. The bill establishes a 60-day deadline for the bureau to conduct the review and render a final administrative decision.

A person may be denied a firearms transfer if there has not been a final disposition in criminal proceedings for certain offenses for which the prospective transferee, if convicted, would be prohibited from purchasing, receiving, or possessing a firearm. Under existing law, the inability of the bureau to obtain the final disposition of a case that is no longer pending cannot constitute the basis for the continued denial of the transfer. The bill removes this restriction and permits continued denial of the transfer when the bureau is unable to obtain the final disposition of a case that is no longer pending.

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

Upcoming:

House Reconciliation

06/07/21

10:00 AM

House Chamber

Status:

Passed House,Passed Senate

Last Updated

June 6, 2021, 3:55:48 PM

Office Of Gun Violence Prevention

HB21-1299

The bill establishes the office of gun violence prevention (office) within the department of public health and environment to coordinate and promote effective efforts to reduce gun violence. The office is required to conduct public awareness campaigns to educate the general public about state and federal laws and existing resources relating to gun violence prevention. Subject to available money, the office may establish and administer a grant program to award grants to organizations to conduct community-based gun violence intervention initiatives that are primarily focused on interrupting cycles of gun violence, trauma, and retaliation that are evidence-informed and have demonstrated promise at reducing gun violence without contributing to mass incarceration.
The office is required to create and maintain a resource bank as a repository for data, research, and statistical information regarding gun violence in Colorado. The office must collaborate with researchers to improve data collection in Colorado and use existing available research to enhance evidence-based gun violence prevention tools and resources available to Colorado communities.

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

Upcoming:

Passed- Pending Governor Signature

Status:

Passed House,Passed Senate,Sent to the Governor

Last Updated

June 6, 2021, 3:55:48 PM

Cannabis Outdoor Cultivation Measures

HB21-1301

Section 1 defines "cross-pollination", "farm", "licensed outdoor marijuana farm", "volunteer plant", and "registered outdoor hemp farm" in connection with the convening of a working group in section 2 to examine measures to minimize cross-pollination between cannabis plants. Section 4 requires the state licensing authority to convene a working group on or before November 1, 2021, to examine existing rules and tax laws that apply to the wholesale marijuana cultivation market to explore how the rules and laws could be amended to better position Colorado businesses to be competitive in interstate commerce if marijuana is legalized federally. The working group is required to report its findings and recommendations to the executive director of the department of revenue and the general assembly on or before June 1, 2022.Section 5 requires the state licensing authority to engage in rule-making on:
- The process, procedures, and requirements for contingency plans for outdoor marijuana cultivation facilities to ameliorate crop loss due to adverse weather;
- Procedures for outdoor marijuana cultivation facilities to follow to temporarily cover crops to protect them from extreme weather; and
- Procedures for the conditional issuance of an employee license identification card.
Sections 6 and 7 authorize medical marijuana cultivation and retail marijuana cultivation facility licensees with outdoor cultivation facilities, starting January 1, 2022, to file with the state licensing authority a contingency plan for when there is a threat to operations due to an adverse weather event and, if approved, to follow the plan if there is an adverse weather event.
Before January 1, 2022, sections 6 and 7 authorize a medical marijuana cultivation facility licensee or a retail marijuana cultivation facility licensee with outdoor cultivation facilities to take reasonable and necessary steps to ameliorate crop loss due to an adverse weather event. The action is not a violation of state law or rules or local law or regulations unless the state licensing authority or a local authority can show that the action was not reasonable and necessary to prevent or ameliorate crop loss due to an adverse weather event.
Section 3 defines "adverse weather event" to mean damaging weather, such as drought, freeze, hail, excessive moisture, excessive wind, or tornado or an adverse natural occurrence, such as an earthquake or a flood.
(Note: This summary applies to this bill as introduced.)

Upcoming:

House Reconciliation

06/07/21

10:00 AM

House Chamber

Status:

Introduced in House,Passed House,Passed Senate

Last Updated

June 6, 2021, 3:55:48 PM

Global Warming Potential For Public Project Materials

HB21-1303

The department of personnel and the department of transportation are each required to establish policies regarding the global warming potential for specific categories of eligible materials used to construct certain public projects.

The department of personnel is required to establish a maximum acceptable global warming potential for each category of eligible material used in certain public projects under its purview. The bill specifies which building materials are eligible materials. The department of personnel is required to set the maximum acceptable global warming potential at the industry average of global warming potential emissions for that material and to express it as a number that states the maximum acceptable global warming potential for each category of eligible material.
Specifications for solicitations for a public project requested by the department of personnel are required to include that the global warming potential for any eligible material that will be used in the project shall not exceed the maximum acceptable global warming potential for that material determined by the department.

The department of transportation is required to develop policies to determine, track, and record greenhouse gas emissions for each category of eligible materials used in certain public projects under its purview in a manner consistent with criteria in an environmental product declaration.

The department of personnel and the department of transportation are both are required to strive to achieve continuous reduction in greenhouse gas emissions in construction materials over time for the projects under their purview.

For solicitations for certain public projects under the purview of the department of personnel or the department of transportation issued after certain dates, the contractor that is awarded the contract is required to submit a current environmental product declaration for each eligible material proposed to be used in the public project.

A contractor that is awarded a contract for a public project is prohibited from installing any eligible material on the project until the contractor submits an environmental product declaration for that material.

The department of personnel and the department of transportation are required to annually report to the general assembly regarding the implementation of the bill.

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

Upcoming:

House Reconciliation

06/07/21

10:00 AM

House Chamber

Status:

Introduced in House,Passed House,Passed Senate,Pending Reconciliation

Last Updated

June 6, 2021, 3:55:48 PM

Early Childhood System

HB21-1304

Effective July 1, 2022, the bill creates the department of early childhood (new department) to:
- Provide early childhood opportunities;
- Coordinate the availability of early childhood programs and services throughout Colorado;
- Establish state and community partnerships for a mixed delivery of child care and early childhood programs through school- and community-based providers;
- Prioritize the interests and input of children, parents, providers, and the community in designing and delivering early childhood services and programs;
- Prioritize the equitable delivery of resources and supports for early childhood; and
- Unify the administration of early childhood programs and services.

The bill moves the early childhood leadership commission (commission) to the new department, effective July 1, 2022.

The bill creates a transition working group (working group) consisting of the co-chairs of the commission and representatives of certain state agencies and the governor's office, and directs the co-chairs of the commission to convene a transition advisory group (advisory group). The bill directs the working group, working with a consultant and with the advice of the advisory group, to develop a transition plan (plan) for the coordination and administration of early childhood services and programs by the new department and the departments of education, human services, and public health and environment, including, to the extent necessary, the transition of existing programs and services to the new department. The bill includes specific requirements for the plan. The governor's office must submit the plan to the joint budget committee as part of the governor's 2022 budget request, and the working group must submit the plan to the commission for approval. As soon as practicable after the plan is approved, the governor's office must submit the approved plan to the joint budget committee with any necessary budget request amendments. The working group must submit the approved plan to other committees of the general assembly by November 15, 2021, and must meet with the early childhood and school readiness legislative commission by December 1, 2021, to present the plan.

The bill also directs the working group, working with the consultant and with the advice of the advisory group, to develop recommendations for a new voluntary, universal preschool program (recommendations) to be funded partially by the recently increased sales tax on tobacco and operated by the new department beginning in the 2023-24 school year. The bill specifies requirements that the new preschool program must meet. The working group must submit the recommendations to the commission for approval and must then submit the recommendations to the joint budget committee and other committees of the general assembly by January 15, 2022.

The bill requires the governor's office to contract with one or more private entities to consult with the working group in developing and implementing the plan and in developing the recommendations and to analyze the current use of existing early childhood programs in the state.

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

Upcoming:

House Reconciliation

06/07/21

10:00 AM

House Chamber

Status:

Passed House,Passed Senate

Last Updated

June 6, 2021, 3:55:48 PM

Prescription Insulin Pricing And Access

HB21-1307

The bill:

Provides that the current law establishing a $100 cap on a person's 30-day supply of prescription insulin is for the person's entire insulin supply, regardless of the number of prescriptions a person may have;

Provides eligible individuals access to one emergency prescription insulin supply within a 12-month period at a cost not to exceed $35 for a 30-day supply; and

Creates the insulin affordability program in the division of insurance through which eligible individuals may obtain prescription insulin for 12 months at a cost of not more than $50 for a 30-day supply.

Upcoming:

House Reconciliation

06/07/21

10:00 AM

House Chamber

Status:

Passed House,Passed Senate,Pending Reconciliation

Last Updated

June 6, 2021, 3:55:48 PM

Sustainability Of The Transportation System

SB21-260

The bill creates new sources of dedicated funding and new state enterprises to enable the planning, funding, development, construction, maintenance, and supervision of a sustainable transportation system by preserving, improving, and expanding existing transportation infrastructure, developing the modern infrastructure needed to support the widespread adoption of electric motor vehicles, and mitigating adverse environmental and health impacts of transportation system use as follows:
- Section 6 of the bill creates the community access enterprise within the Colorado energy office (CEO) for the purpose of supporting the widespread and equitable adoption of electric motor vehicles and electric alternatives to motor vehicles in an equitable manner. The community access enterprise is authorized to impose a community access retail delivery fee to fund its business purpose. The governance and powers and duties of the community access enterprise are specified.
- Section 7 makes various general fund transfers to the state highway fund, the highway users tax fund (HUTF), and the multimodal transportation and mitigation options fund, including limited contingent transfers of a portion of any additional general fund revenue made available due to the restoration of the excess state revenues cap (Referendum C cap) by Section 8.
- Section 8 restores the Referendum C cap, which the general assembly reduced in 2017, to its maximum voter-approved level.
- Section 11 creates the clean fleet enterprise within the department of public health and environment (CDPHE) for the purpose of incentivizing and supporting the use of electric motor vehicles and other clean fleet technologies by owners and operators of motor vehicle fleets. The clean fleet enterprise is authorized to impose a clean fleet retail delivery fee to be paid by the purchaser of tangible personal property delivered to the purchaser by motor vehicle and a clean fleet per ride fee to be paid by a transportation network company (TNC) on each ride offered and accepted by the TNC to fund the clean fleet enterprise's business purpose. The governance and powers and duties of the clean fleet enterprise are specified.
- Section 25 requires the department of revenue (DOR) to collect the per ride fees imposed by the clean fleet enterprise and the nonattainment area air pollution mitigation enterprise as authorized by sections 11 and 50 Both fees are first imposed for rides offered and accepted in state fiscal year (FY) 2022-23 and are annually adjusted for consumer price index (CPI) inflation thereafter.
- Section 26 indexes the existing $50 registration fee imposed on electric motor vehicles to national highway construction cost index (NHCCI) inflation and imposes additional electric motor vehicle road usage equalization fees on battery electric motor vehicles at a specified level and on plug-in hybrid electric motor vehicles at a lower level, with both additional fees being phased in on a set schedule from state FYs 2022-23 through 2031-32 and thereafter indexed to NHCCI inflation. Section 26 also imposes a commercial electric motor vehicle fee. The increase and new fee revenue is credited to the HUTF for allocation to the state, counties, and municipalities; except that 40% of the revenue generated by inflation indexing of the existing $50 registration fee is credited to the electric vehicle grant fund and 30% of the revenue generated by the commercial electric motor vehicle fee is credited to the state highway fund for freight-related projects. In 2026, specified executive agencies must jointly review the fees and make recommendations to the transportation legislation review committee of the general assembly as to whether the fees should be adjusted to ensure continued equalization of the average aggregate amount of registration fees and motor fuel charges annually paid by owners of electric motor vehicles and owners of motor vehicles powered exclusively by internal combustion engines.
- Section 33 imposes road usage fees on gasoline and diesel purchases that are phased in from state FYs 2022-23 through 2031-32 and thereafter indexed to NHCCI inflation, with the road usage fees also being adjusted beginning in state FY 2032-33 in a manner calculated to generate the same amount of additional revenue as would be generated by indexing the existing state excise taxes imposed on gasoline and diesel to construction cost inflation. The fee revenue is credited to the HUTF for allocation to the state, counties, and municipalities.
- Section 33 also imposes a retail delivery fee on retail deliveries by motor vehicle that include tangible personal property subject to the state sales tax, requires the fee to be collected from the purchaser by the retailer, and requires simultaneous collection of community access, clean fleet, bridge and tunnel, clean transit, and air pollution mitigation retail delivery fees imposed, respectively, by the community access, clean fleet, statewide bridge and tunnel, clean transit, and nonattainment area air pollution mitigation enterprises. The fees are first collected in state FY 2022-23 and are annually adjusted for CPI inflation thereafter. Retail delivery fee revenue is credited to the HUTF for allocation to the state, counties, and municipalities and to the multimodal transportation and mitigation options fund and each enterprise's retail delivery fee revenue is collected by DOR on behalf of and credited to the cash fund controlled by the enterprise.
- Sections 43, 44, and 46 change the name of the statewide bridge enterprise to the statewide bridge and tunnel enterprise, authorize the enterprise to complete tunnel projects, and authorize the enterprise to impose a bridge and tunnel impact fee on diesel fuel and a bridge and tunnel retail delivery fee to fund its business purpose. The bridge and tunnel impact fee is phased in from state FYs 2022-23 through 2031-32 and thereafter indexed to NHCCI inflation.
- Section 45 indexes the existing $2 short-term daily vehicle rental fee to CPI inflation and, on or after July 1, 2022, requires a car sharing program to collect the daily vehicle rental fee for any short-term vehicle rental of 24 hours or longer that is enabled by the car sharing program.
- Sections 47 through 49 change the name of the multimodal transportation options fund to the multimodal transportation and mitigation options fund and make greenhouse gas mitigation projects eligible for funding from the fund.
- Section 50 creates the clean transit enterprise within the department of transportation (CDOT) for the purpose of supporting clean public transit through electrification planning efforts, facility upgrades, fleet motor vehicle replacement, and construction and development of associated electric motor vehicle charging and fueling infrastructure. The clean transit enterprise is authorized to impose a clean transit retail delivery fee of up to a specified amount to fund its business purpose. The governance and powers and duties of the clean transit enterprise are specified. Section 50 also creates the nonattainment area air pollution mitigation enterprise for the purpose of mitigating transportation-related emissions in ozone nonattainment areas. The nonattainment area air pollution mitigation enterprise is authorized to impose air pollution mitigation per ride and retail delivery fees to fund its business purpose.
Section 1 makes legislative findings and declarations that explain the purpose of the bill and the reasons why it includes the new sources of dedicated funding and new state enterprises that it does. Section 2 clarifies that an existing fee may be used to fund the functions of the freight mobility and safety branch created in section 27. Sections 3 and 4 respectively clarify that the clean fleet enterprise operates as a type 1 agency within CDPHE and that the clean transit enterprise and the nonattainment area air pollution mitigation enterprise operate as type 1 agencies within CDOT.Section 5 requires the CEO and CDPHE, after consultation with CDOT, to jointly and annually prepare a report for specified legislative committees that details the progress made toward the electric motor vehicle adoption goals set forth in the "Colorado Electric Vehicle Plan 2020" and the transportation sector greenhouse gas pollution reduction goals set forth in the "Colorado Greenhouse Gas Pollution Reduction Roadmap". Section 5 also specifies a methodology to be used by the CEO, CDOT, and CDPHE to estimate the social costs of greenhouse gas pollution.Sections 9, 32, 42, and 51 effectuate the repeal of the requirement that a ballot question seeking approval for the issuance of transportation revenue anticipation notes be submitted to the voters of the state at the November 2021 statewide election.Section 10 requires CDOT to comply with specified transparency and contractor short-listing requirements when using the integrated project delivery method of contract procurement for a public project. Section 14 clarifies that sales and use tax is not levied on the retail delivery fees imposed by or as authorized by the bill. Sections 16 through 21 provide legal authority for collection under an existing multistate agreement of the motor fuel road usage and bridge and tunnel impact fees imposed by or as authorized by the bill. Section 22 requires the public utilities commission to conduct a certificated taxi carrier parity study.Section 27 creates the freight mobility and safety branch in CDOT's transportation development division . Section 28 requires CDOT and metropolitan planning organizations to engage in an enhanced level of planning, analysis, community engagement, and monitoring with respect to transportation capacity projects and specifies what that entails and also requires CDOT to conduct a road usage charge study and an autonomous vehicle study. Section 29 allows some of the general fund money transferred to the state highway fund pursuant to section 7 to be used for multimodal transportation projects. Section 31 specifies the manner in which revenue credited to the HUTF as required by the bill is allocated and expended.Sections 34 through 41 authorize a transportation planning organization (TPO), subject to territorial restrictions and TPO member jurisdiction approval requirements, to exercise the powers of a regional transportation authority (RTA). Among other powers, the powers of a RTA include the power to impose various charges, fees, and, with voter approval, visitor benefit, sales, and use taxes to generate transportation funding for the purpose of financing, constructing, operating, and maintaining regional transportation systems.
Any additional transportation funding obtained by a TPO exercising the power of a RTA is intended to supplement and not supplant state and federal transportation funding allocated within the boundaries of the TPO. Therefore, the transportation commission and CDOT are prohibited from taking such additional transportation funding into account when determining the amount of state and federal transportation funding to be allocated within the boundaries of a TPO, and CDOT, when submitting its annual proposed budget allocation plan, is required to provide evidence that the proposed allocation of state and federal transportation funding within the boundaries of any TPO that has obtained such additional transportation funding has not been reduced in any way on account of the additional transportation funding.
Section 45 reduces the amount of each road safety surcharge imposed on motor vehicle registration for registration periods beginning on or after January 1, 2022, but before January 1, 2024, by $5.55.

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

Upcoming:

Passed- Pending Governor Signature

Status:

Introduced in Senate,Passed Senate,Introduced in House,Passed House,Sent to the Governor

Last Updated

June 6, 2021, 3:55:48 PM

Public Utilities Commission Encourage Renewable Energy Generation

SB21-261

Section 1 of the bill declares that customer-sited renewable energy generation facilities (distributed generation) such as rooftop solar panels, together with increased storage capacity and enhanced master meter operations, can make important contributions toward meeting Colorado's declared goal of reducing greenhouse gas emissions while providing a reliable, adaptable supply of electricity for homes, businesses, and the rapidly increasing numbers of electric vehicles.Sections 3 and 5 remove most of the existing limitations on the size of distributed generation facilities, which currently cannot exceed 120% of a customer's historical annual usage, to qualify for renewable energy credits. Section 3 also expands an existing exemption from regulation as a public utility to include persons who sell excess power from distributed generation located anywhere on their property or on property owned or leased by others in a master meter operation, e.g., an apartment building or mobile home park. Section 4 grants master meter operators (MMOs) that sell power from distributed generation a limited exemption from the general requirement not to charge their end users any amount above what they are billed for electricity supplied by the serving electric utility. MMOs may retain refunds, rebates, rate reductions, net metering credits, and similar reductions offered by the serving utility in its net metering program but may not charge end users at a rate higher than the serving utility's otherwise applicable rate for that class of utility customer.
Section 5 requires a qualifying retail utility to allow, and to adopt standards for the approval of, customer-owned meter collar adapters in residential installations. The public utilities commission (PUC) retains authority to resolve any disputes concerning the standards or their application in specific cases. Section 2 defines a meter collar adapter as a device installed between the electric meter and the meter socket box that allows the customer to interconnect power from on-site sources.
Section 5 also:
- Requires qualifying retail utilities, under the standard offer to purchase renewable energy credits, to purchase energy produced from any renewable energy resources rather than exclusively solar energy resources;
- Doubles the allowable size of on-site renewable energy installations under the standard offer, from 500 kilowatts to one megawatt;
- Narrows the requirements for small hydroelectric facilities that qualify as renewable energy resources to exclude those that require the construction of new dams or reservoirs;
- Adds renewable energy storage as an eligible energy resource under the renewable energy standard and defines "renewable energy storage" as a facility that stores energy that is derived only from renewable energy resources;
- Allows a customer to carry forward monthly bill credits from distributed generation indefinitely, at any service address within a qualifying retail utility's service territory, unless the customer chooses to be reimbursed annually; and
- Directs the PUC to adopt rules to accommodate the aggregation and interconnection of retail distributed generation, including the pooling of renewable energy resources under a master meter or similar arrangement and the allocation of credits among customers on different rate schedules.
(Note: This summary applies to this bill as introduced.)

Upcoming:

House 3rd Reading

06/07/21

10:00 AM

House Chamber

Status:

Introduced in Senate,Passed Senate,Introduced in House

Last Updated

June 6, 2021, 3:55:48 PM

Adopt Programs Reduce Greenhouse Gas Emissions Utilities

SB21-264

Section 1 of the bill defines a "gas distribution utility" (GDU) as a gas public utility with more than 90,000 retail customers. The bill requires each GDU to file a clean heat plan (plan) with the public utilities commission (PUC). A plan must demonstrate how the GDU will use clean heat resources to meet clean heat targets (targets) established in the bill. The targets are a 5% reduction below 2015 greenhouse gas (GHG) emission levels by 2025 and 20% below 2015 GHG emission levels by 2030. Section 1 makes a legislative finding that meeting these targets will facilitate the electric generating utility sector's compliance with the state's GHG emission reduction goals by reducing GDUs' carbon dioxide and methane emissions.
A plan may use qualified offsets as one method to meet the targets. A GDU that uses only clean heat resources in its plan to meet the targets is not subject to any other GHG emission reduction requirements during the 5-year period covered by the plan. If a GDU does not file a plan, the air quality control commission (AQCC) will adopt rules to require the GDU to meet a 30% GHG emission reduction by 2035 when compared to 2015 levels.

The PUC will initiate a rule-making proceeding by August 1, 2021, to adopt rules that establish a cost cap for each GDU's compliance with its plan. The cost cap is 2% of gas bills for all of a GDU's full-service customers. A plan that costs equal to or less than the cost cap and uses clean heat resources to the maximum practicable extent need not meet the targets. A plan that uses only clean heat resources and meets the targets need not comply with the cost cap. The PUC is directed to approve a plan if the PUC finds that doing so is in the public interest.

A municipal GDU must file a plan that demonstrates a 20% GHG emission reduction by 2030 compared with 2015 levels. Small GDUs may file a plan, which is subject to the cost cap and must contain its own targets.
Section 2 requires the AQCC to initiate a rule-making proceeding by January 1, 2022, to define qualified offsets that plans may use to meet a target. The AQCC will start another rule-making proceeding by January 1, 2029, to determine mass-based GHG emission reduction goals for plans for 2035, 2040, 2045, and 2050.Section 3 gives the oil and gas conservation commission authority over class VI injection wells used for sequestration of GHG, including through the issuance of permits.
(Note: This summary applies to this bill as introduced.)

Upcoming:

House Energy & Environment

06/07/21

8:30 AM

LSB A

Status:

Introduced in Senate,Passed Senate,Introduced in House

Last Updated

June 6, 2021, 3:55:48 PM

Public School Finance

SB21-268

Section 1 of the bill:
- Increases the statewide base per pupil funding for the 2021-22 budget year by $141.67 to account for inflation of 2% for a new statewide base per pupil funding amount of $7,225.28; and
- Sets the minimum statewide district total program funding amount for the 2021-22 budget year and requires the dollar amount of the budget stabilization factor to remain the same for the 2022-23 budget year.
Section 2 of the bill authorizes the state board of education (state board) to take action against an educator license, certificate, endorsement, or authorization if the educator is convicted of an offense under the laws of another state, the United States, or any territory subject to the jurisdiction of the United States, the elements of which are substantially similar to a felony drug offense described in part 4 of article 18 of title 18, Colorado Revised Statutes.Section 3 of the bill extends to 18 months the length of the accreditation contract entered into between the state board and each school district board of education (local school board) and the state charter school institute for the 2021-22 school year.Sections 4 and 5 of the bill extend by one month the deadline for a local school board to certify to the state board mileage for reimbursement from the public school transportation fund and for the state board to certify to the state treasurer the amount of reimbursements from the public school transportation fund.Section 6 of the bill changes the period of time in which the department of education (department) may establish an alternative pupil count day to within 45 school days after the first school day.Section 7 of the bill allows local education providers to carry forward more than 15% of the per-pupil intervention money received pursuant to the "READ Act" for the 2020-21 budget year for use in the 2021-22 budget year.Sections 8 and 9 of the bill adjust the amount of additional funding authorized in Senate Bill 21-053 that is available to school districts that fully fund total program with local revenue.Sections 10 and 11 of the bill authorizes a school district that operated a district preschool program under the "Colorado Preschool Program Act" in the 2019-20 school year with a waiver to serve children under 3 years of age to continue in subsequent school years to use the same number of preschool positions to serve children under 3 years of age who have multiple significant family risk factors.Section 12 of the bill extends the budget deadlines for the 2021-22 budget year for school districts and local college districts.Section 13 of the bill makes permanent statutory provisions that allow school district charter schools that convert to institute charter schools or institute charter schools that convert to school district charter schools to continue to receive funding for at-risk students using the funding formulas that applied to the charter schools prior to the conversion.Sections 14 of the bill requires the state board to review and accept or reject a local school board's proposed revisions to an existing innovation school or innovation zone plan. The state board's determination must be based on serving the best interests of students, families, and the community.Section 15 of the bill removes the cap on appropriations for the school counselor corps grant program.Section 16 of the bill requires a board of cooperative services (BOCES) that intends to locate or operate a BOCES school within the geographic boundaries of a school district that is not a member of the BOCES during the 2021-22 school year to obtain written permission from the school district in which the school will be operated or located. The requirement for written consent does not apply to a BOCES school that is operating prior to the effective date of the bill.Section 17 of the bill provides additional funding for at-risk students for the 2021-22 budget year to school districts, district charter schools, and institute charter schools. The amount of funding is based on the number of pupils for the 2020-21 budget year who were English language learners, as defined in the bill, and the number of pupils who were eligible for reduced-price lunch. The department must distribute the amount of additional funding for at-risk students to each school district and institute charter school. Each school district that authorizes a charter school must distribute to the charter school the per pupil distribution amount for the eligible pupils enrolled in the charter school.Section 18 of the bill appropriates $478,743,696 of general fund money to the department for the state share of districts' total program funding.Section 19 of the bill authorizes the use of appropriations for the Accelerating Students Through Concurrent Enrollment (ASCENT) program for the 2021-22 budget year.Section 20 of the bill appropriates $400,000 from the state public school fund for school finance audit payments.Section 21 of the bill appropriates $77,408,881 to the department from the state education fund for additional funding for at-risk students for the 2021-22 budget year.Section 22 of the bill appropriates $2,000,000 from the state education fund for the school counselor corps grant program.Section 23 of the bill appropriates $1,706,537 from the general fund to the department to restore funding to the following grant programs that had appropriations reduced or eliminated for the 2020-21 fiscal year:
- $800,000 and 0.6 FTE for the ninth grade success program;
- $375,807 for the school leadership program;
- $280,730 for the accelerated college opportunity exam fee grant program; and
- $250,000 and 0.3 FTE for the John W. Buckner automatic enrollment in advanced placement courses grant program.

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

Upcoming:

Passed- Pending Governor Signature

Status:

Passed House,Passed Senate,Sent to the Governor

Last Updated

June 6, 2021, 3:55:48 PM

Misdemeanor Reform

SB21-271

The bill reforms the sentencing provisions related to misdemeanors and petty offenses. Under current law, there are 3 classifications for misdemeanors and 2 classifications for petty offenses. The bill reduces the misdemeanor classifications to 2 and reduces the petty offenses to one classification and adds a new classification of civil infraction. A class 1 misdemeanor is punishable by up to 364 days in jail or a fine of up to $1,000 or both, and a class 2 misdemeanor is punishable by up to 120 days in jail or a fine of up to $750 or both. A petty offense is punishable by up to 10 days in jail or a fine of up to $300 or both. A civil infraction is punishable by a fine of up to $100. The bill creates procedural rules for prosecution of the new civil infractions. The bill updates the alternate sentencing options for misdemeanors and petty offenses. The bill creates standard time credits for jail sentences.
The bill reclassifies various criminal offenses within the new classification system for misdemeanors, petty offenses, and civil infractions. The bill changes the elements of some crimes to align with the new sentencing classifications.

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

Upcoming:

House 2nd Reading

06/07/21

10:00 AM

House Chamber

Status:

Introduced in Senate,Passed Senate,Introduced in House

Last Updated

June 6, 2021, 3:55:48 PM

Measures To Modernize The Public Utilities Commission

SB21-272

Section 1 of the bill authorizes the allocation of up to $250,000 per year of the money that the commission receives from the public utilities commission fixed utility fund for outside consultants and experts. Section 2 requires an intervenor in a commission matter to disclose any financial relationship between that intervenor and any other intervenor in the matter. Section 3 directs the commission to adopt rules to require the commission, when considering any matter before the commission, to improve equity and prioritize disproportionately impacted communities. Under current law, the annual fee collected from each regulated public utility is capped at 0.25% of the public utility's gross instrastate utility operating revenue for the preceding calendar year; except that the annual fee collected from a public utility that is a telephone corporation is capped at 0.20% of the telephone corporation's gross intrastate utility operating revenue for the preceding calendar year. Section 4 removes the cap on annual fees collected from regulated public utilities. Section 5 requires the commission to promulgate rules requiring qualifying retail utilities subject to the renewable energy standard to retire renewable energy credits in a manner that benefits cities, counties, and businesses in the state and is consistent with timely attainment of the state's clean energy and climate goals. Section 6 requires the commission to promulgate rules to establish fixed rates for net metering credits provided to community solar garden subscribers on their electric bills. With respect to the retirement of any electric generating facility, section 7 requires an investor-owned electric utility to submit, and the commission to consider, net present value of revenue requirement projections, one based on using Colorado energy impact bonds and one based on not using Colorado energy impact bonds. Section 8 requires the commission, in approving a resource plan, to include the social cost of carbon dioxide with regard to a portfolio's net present value of revenue requirements. Section 9 requires each regulated public utility that uses resource planning software to provide commission staff with licenses to the software and with model assumptions used for the software. Section 10 expands the time for the commission to issue a decision on an application that is not accompanied by prefiled testimony and exhibits from 210 days to 250 days after the commission has deemed the application complete

Upcoming:

House 3rd Reading

06/07/21

10:00 AM

House Chamber

Status:

Introduced in Senate,Passed Senate,Introduced in House

Last Updated

June 6, 2021, 3:55:48 PM

Pre-trial Reform

SB21-273

The bill creates the community response to low-level offenses working group in the department of public safety to study and propose statewide policy and legislative initiatives to safely increase community response in lieu of law enforcement engagement for lower-level offenses and calls for service when there is no criminal conduct. The working group shall report its findings to the judiciary committees of the house of representatives and the senate, or any successor committees, by the February 1, 2022. The bill prohibits a peace officer from arresting a person based solely on the alleged commission of a traffic offense, petty offense, drug petty offense, municipal offense, drug misdemeanor offense, or misdemeanor offense, unless:
- Custodial arrest is statutorily required;
- The offense is a victim rights crime; the offense includes an element of illegal possession or use of a firearm; or the offense constitutes unlawful sexual behavior, failure to register as a sex offender, or the offense is a violation of a temporary or regular extreme risk protection order, a violation of a credible threat to a school, or a violation of eluding in a vehicle; or
- The officer is unable to sufficiently verify the individual's identity absent a custodial arrest.

The bill prohibits a court from issuing a monetary bond for a misdemeanor offense; municipal offense; class 4, 5, or 6 felony; or a drug felony unless the court finds the defendant will flee prosecution or threaten the safety of another and no other condition of release can reasonably mitigate the risk. The bill requires the court to issue a personal recognizance bond when the defendant fails to appear, unless:
- The defendant failed to appear when a witness was subpoenaed or a civilian witness was on call;
- The defendant intentionally failed to appear for the purpose of interfering with or deterring victim or witness participation in the case; or
- The defendant has failed to appear 2 or more times in the case.

The bill requires the court to issue a personal recognizance bond in a failure to comply with a probation conditions case that is not based on a criminal offense, unless:
- The violation was for a failure to comply with any court ordered treatment related to a sex offense or domestic violence;
- The defendant has already had probation revoked for failure to comply in the case; or
- The court finds the defendant is likely to flee prosecution.

The bill permits appellate review of a court's bail or bond order by either the defendant or the prosecution after a reconsideration hearing, denial of a reconsideration of bond conditions, or order for bail after conviction. The bill authorizes sheriffs to actively manage their jail populations in order to keep the population as low as possible while maintaining community safety, including the authority to establish jail admission standards that include offense-based admission standards that limit jail admissions.

Upcoming:

House Finance

06/07/21

Upon Adjournment

HCR 0112

Status:

Introduced in Senate,Passed Senate,Introduced in House

Last Updated

June 6, 2021, 3:55:48 PM

Income Tax

HB21-1311

Section 2 of the bill modifies how taxable income is determined for individuals for purposes of the state income tax. Specifically, it:
- Imposes a cap for taxpayers with adjusted gross incomes equal to or exceeding $400,000 on certain itemized deductions claimed under the internal revenue code;
- Repeals, for social security income that is included in federal taxable income only, the cap on the deduction for pension and annuity income received;
- Adds a cap, per taxpayer per beneficiary, on the deduction for contributions made to 529 plans;
- Requires individual taxpayers to add amounts of federal taxable income that are equal to the enhanced federal deductions for food and beverage in a restaurant for the 2022 income year; and
- Extends the limit on the federal deduction allowed under section 199A of the internal revenue code.
Section 3 increases the earned income tax credit to 20% for income tax years commencing on or after January 1, 2022, and applies the lowered minimum age for individuals without a qualifying child in the federal "American Rescue Plan Act of 2021" to the state credit for income tax years commencing on or after January 1, 2022.Section 4 funds the child tax credit for income tax years commencing on or after January 1, 2022, and allows a child tax credit in the state regardless of the federal requirement that a qualifying child must have a social security number for the federal child tax credit. Section 4 also specifies that if the changes to the federal child tax credit in the "American Rescue Plan Act of 2021" are no longer in effect, the percentages of the state child tax credit are increased.Sections 5 through 7 make the state's corporate income tax more uniform compared to other states by replacing the current combined reporting standard with the multistate tax commission's standard. In addition, these sections modify the computation of the receipts factor to make it more congruent with the unitary business principle.
In addition to making the state's corporate income tax more uniform compared to other states, section 6 also prevents corporations from using tax shelters in foreign jurisdictions for the purpose of tax avoidance.Section 7 also modifies how taxable income is determined for C corporations for purposes of the state income tax. Specifically, it requires corporate taxpayers to add amounts of federal taxable income that are equal to the enhanced federal deductions for food and beverage in a restaurant for the 2022 income year.Section 8 repeals a state subtraction for certain capital gains incurred.Section 9 creates a temporary income tax credit for a business for a percentage of the conversion costs to convert the business to a worker-owned coop, an employee stock ownership plan, or an employee ownership trust.Sections 10 through 13 address the avoidance of income tax by certain captive insurance companies.
(Note: This summary applies to this bill as introduced.)

Upcoming:

House Reconciliation

06/07/21

10:00 AM

House Chamber

Status:

Passed House,Passed Senate

Last Updated

June 6, 2021, 3:55:48 PM

Child Protection Ombudsman and Immigrant Children

HB21-1313

Under current law, the office of the child protection ombudsman (ombudsman) has a duty to receive complaints made by or on behalf of a child relating to the child protection system. Once the ombudsman receives a complaint, the ombudsman may investigate and seek resolution of the complaint. The bill extends the scope of the ombudsman's duties to self-initiate impartial and independent investigations and ongoing reviews of the safety and well-being of unaccompanied immigrant children who live in a state-licensed residential child care facility (facility) and who are in the custody of the office of refugee resettlement of the federal department of health and human services. The ombudsman may seek resolution of such investigations and ongoing reviews by referring an investigation and ongoing review to the state department of human services (department) or the appropriate agency or entity and making a recommendation for action relating to the investigation and ongoing review of the facility. The ombudsman may request, review, and receive copies of information, records, or documents that the ombudsman deems necessary to conduct a thorough and independent investigation and ongoing review of the facility. The ombudsman shall report the results of the investigation and ongoing review in the ombudsman's annual report.
The bill requires the facility to notify the ombudsman and the department within 3 days after the arrival of an unaccompanied immigrant child.

The bill permits the department and the ombudsman to coordinate site visits to investigate and review a facility. The department and the ombudsman may share final reports based on their site visits.

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

Upcoming:

Passed- Pending Governor Signature

Status:

Passed House,Passed Senate,Sent to the Governor

Last Updated

June 6, 2021, 3:55:48 PM

Costs Assessed To Juveniles In The Criminal Justice System

HB21-1315

Under current law, courts may assess administrative fees, costs, and surcharges in juvenile delinquency cases when juveniles have been charged with or adjudicated of certain crimes. The bill removes the following costs and fees that a juvenile or a juvenile's parent or legal guardian must pay:
- Cost of care for a juvenile sentenced to a placement out of the home or granted probation as a result of an adjudication, deferral of adjudication, or direct filing in or transfer to district court;
- Costs of prosecution, the amount of the cost of care, and any fine imposed upon a juvenile who is adjudicated a juvenile delinquent;
- Fees for applying for court-appointed counsel and costs of the representation when a juvenile's parent, guardian, or legal custodian is determined not to be indigent;
- Costs and surcharges levied on criminal actions and traffic offenses paid into the court district's crime victim compensation fund and the victims and witnesses assistance and law enforcement fund;
- Surcharges paid into the sex offender surcharge fund by juveniles adjudicated, or who receive a deferred adjudication, for commission of a sex offense;
- Cost of the juvenile's medical care in the youthful offender system;
- Cost of collecting and testing biological samples from juveniles sentenced to the youthful offender system;
- Time payment and late penalty fees assessed when a juvenile does not pay fines, fees, costs, surcharges, or other monetary assessments in criminal cases;
- Fees related to participating in restorative justice practices;
- Costs and surcharges related to impaired driving; and
- The fee assessed on persons required to perform community or useful public service.

Any outstanding balances of the fees, costs, and surcharges repealed in the bill are unenforceable and not collectable. Within 6 months after the bill goes into effect, the court is required to vacate the portion of a court order that imposes the costs.

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

Upcoming:

Passed- Pending Governor Signature

Status:

Passed House,Passed Senate

Last Updated

June 6, 2021, 3:55:48 PM

Regulating Marijuana Concentrates

HB21-1317

The bill requires the Colorado school of public health to do a systematic review of the scientific research related to the physical and mental health effects of high-potency THC marijuana and concentrates. The bill creates a scientific review council (council) to review the report and make recommendations to the general assembly. Based on the research and findings, the Colorado school of public health shall produce a public education campaign for the general public, to be approved by the council, regarding the effect of high-potency THC marijuana on the developing brain and mental health.

Current law requires a doctor to conduct a full assessment of the patient's medical history when making a medical marijuana recommendation. The bill requires that assessment to include the patient's mental health history. If the recommending physician is not the patient's primary care physician, the bill directs the recommending physician to review the records of a diagnosing physician or licensed mental health provider. When a practitioner makes a medical marijuana authorization, the practitioner must certify that authorization to the department of public health and environment. The bill requires the certification to include:
- The date of issue and the effective date of the recommendation;
- The patient's name and address;
- The recommending physician's name, address, and federal drug enforcement agency number;
- The THC potency level of medical marijuana being recommended;
- The dosage form;
- The daily authorized quantity;
- Directions for use; and
- The recommending physician's signature.

The bill prohibits a physician for charging an additional fee for recommending an extended plant count or making a recommendation related to an exception to a medical marijuana requirement.

The bill imposes the following requirements on medical marijuana patients ages 18 to 20 years old:
- Two physicians from different medical practices have to diagnose the patient as having a debilitating or disabling medical condition after an in-person consultation;
- One of the physicians must explain the possible risks and benefits of the medical use of marijuana to the patient;
- One physician must provide the patient with the written documentation specifying that the patient has been diagnosed with a debilitating or disabling medical condition and the physician has concluded that the patient might benefit from the medical use of marijuana; and
- The patient attends follow-up appointments every 6 months after the initial visit with one of the physicians.

The bill requires the department of public health and environment (department) to create a report from emergency room and hospital discharge data of patients who presented with conditions or a diagnosis that reflect marijuana use and provide that report at the department's annual "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing.

The bill requires the coroner in each case of a suicide, overdose death, or accidental death to order a toxicology screen. The coroner shall report the results of the toxicology screen to the Colorado violent death reporting system. The department then produces an annual report of the data beginning January 2, 2022, and annually each year thereafter.

The bill prohibits medical marijuana advertising that is specifically directed to those ages 18 to 20 years old and requires medical and retail marijuana concentrate advertising to include a warning regarding the risks of medical marijuana concentrate overconsumption.

A medical and retail marijuana store shall provide a notice at the time of sale regarding the criminal penalties associated with marijuana diversion. A medical marijuana store and retail marijuana store shall provide a patient with a pamphlet regarding the risks of overconsumption of medical marijuana concentrate when selling concentrate.

The bill requires medical marijuana stores to immediately record transactions in the seed-to-sale inventory tracking system to allow the system to:
- Continuously monitor entry of patient data to identify discrepancies with daily purchase limits and potency authorizations;
- Access and retrieve real-time sales data based on patient identification number; and
- Respond with a user error message if a sale to a patient or caregiver will exceed the patient's allowed purchase limit for that business day or potency authorization.

The bill limits the amount of medical marijuana concentrate that a patient can purchase in one day to 8 grams, unless the patient is 18 to 20 years old then the limit is 2 grams, except in the case of a homebound patient or if the patient's certification states that the patients needs more than 8 grams or 2 grams respectively. Beginning January 1, 2023, the bill requires medical marijuana concentrate and retail marijuana concentrate to be sold in a package containing one gram separated into no less than 10 equal portioned amounts.  The bill limits the amount of retail marijuana concentrate that a patient can purchase in one day to 8 grams.

Upcoming:

House Reconciliation

06/07/21

10:00 AM

House Chamber

Status:

Passed House,Passed Senate

Last Updated

June 6, 2021, 3:55:48 PM

Bias-motivated Crimes

SB21-280

The bill specifies that for harassment that is bias-motivated or a bias-motivated crime, the bias motivation only needs to be part of the defendant's motivation in committing the crime.

The bill makes the crime of harassment when the harassment is bias-motivated a victim rights act crime, which provides a victim certain statutory rights.

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

Upcoming:

Senate Reconciliation

06/07/21

10:00 AM

Senate Chamber

Status:

Passed Senate,Passed House,Pending Reconciliation

Last Updated

June 6, 2021, 3:55:48 PM

Evidence-based Evaluations For Budget

SB21-284

The bill establishes a set of definitions to be used when analyzing a program or practice. If a state agency or the office of state planning and budgeting includes an evidence-based evaluation of a program or practice in a budget request or budget amendment, then the state agency or office is required to describe the program or practice using the definitions. In such case, the state agency or office is also required to provide any research that supports the program or practice or a decrease in funding for a program or practice, along with information concerning how the evidence referenced was used in the development of the budget request or budget amendment request.
Joint budget committee staff is required to independently analyze and describe the program or practice using the definitions and to include any evidence-based information as part of any recommendation it makes regarding a budget request or budget amendment request. The staff director is required to appoint additional staff as necessary to provide the evidence-based analysis, and upon request, joint budget committee staff shall also assist legislators in incorporating evidence-based assessments in legislation for bills that create a new program or practice.

The joint budget committee is required to consider, as one of many factors, any available evidence-based information when determining the appropriate level of funding of a program or practice.

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

Upcoming:

Passed- Pending Governor Signature

Status:

Passed Senate,Passed House,Sent to the Governor

Last Updated

June 6, 2021, 3:55:48 PM

Voter Transparency In Ballot Measures

HB21-1321

The bill requires that certain language appear at the beginning of a ballot title for an initiated measure that would either increase or decrease tax revenue through a tax policy change. In the case of a measure that would reduce state tax revenue through a tax policy change, the ballot title must begin "Shall funding available for state services that include but are not limited to (the three largest areas of program expenditures) be impacted by a reduction of (projected dollar figure of revenue reduction to the state in the first full fiscal year that the measure reduces revenue) in tax revenue...?". In the case of a measure that would reduce local district property tax revenue through a tax policy change, the ballot title must begin "Shall funding available for public services offered by counties, school districts, water districts, fire districts, and other districts funded, at least in part, by property taxes be impacted by a reduction of (projected dollar figure of revenue reduction to all districts in the first full fiscal year that the measure reduces revenue) in property tax revenue...?". In the case of a measure that would increase tax revenue for any district through a tax policy change, after the language required by section 20 (3)(c) of article X of the state constitution, the ballot title must state either "in order to increase or improve levels of public services", or, if applicable, "in order to increase or improve levels of public services, including, but not limited to (the program expenditure that the measure states will receive increased funding)".
The bill also creates additional requirements for the fiscal summary of an initiated measure that would increase or decrease the individual income tax rate or state sales tax rate. The bill requires the fiscal summary for such a measure to include a table that shows the average tax burden change for a filer in different income categories.

The bill changes the requirements for the ballot information booklet entry for certain measures. The bill requires the ballot information booklet entry for an initiated measure that would increase or decrease income tax revenue or state sales tax revenue to include a table that shows the number of tax filers in designated income categories, the total tax burden change for each of those income categories, and the average tax burden change for a filer within each of those income categories. If an initiated measure includes a tax policy change that reduces state tax revenue, the bill requires the ballot information booklet to include a description of the 3 largest areas of program expenditure funded by the affected revenue stream.

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

Upcoming:

Senate 3rd Reading

06/07/21

10:00 AM

Senate Chamber

Status:

Introduced in House,Passed House,Introduced in Senate

Last Updated

June 6, 2021, 3:55:48 PM

Gasoline And Special Fuel Tax Restructuring

HB21-1322

The bill restructures the excise tax on gasoline and special fuel (fuels) by:
- Imposing the tax when it is imported into the state or removed from any terminal in the state, in addition to the existing points of taxation;
- Eliminating the 3 tax deferred transactions;
- Exempting the tax from the import or removal of fuels by bulk transfer to or from a terminal or refinery in certain circumstances;
- Permitting the 2% allowance to cover losses for terminals that are outside of the state;
- Requiring a terminal operator to verify that the person receiving the fuels is a licensee or is exempt from taxation;
- If the purchaser is not a licensee or exempt from taxation, requiring the terminal operator to collect the tax, which the terminal operator holds in trust for the state, and establishing that the terminal operator is liable and responsible for the tax;
- Specifying when the tax is imposed on an importer, blender, seller of liquefied petroleum gas or natural gas, user, and other distributor;
- Harmonizing provisions applicable to the exemption for governments;
- Explicitly identifying certain fuels used in aircrafts as being exempt;
- Codifying that a distributor has the burden of proving that fuels are exempt;
- Codifying the exemption for the removal of fuels from a terminal by a licensed exporter exclusively for delivery to another state;
- Requiring a terminal operator to be licensed, which is the current practice;
- Consolidating the penalties for acting without a license;
- Making conforming changes related to the aforementioned changes;
- Reorganizing and relocating provisions; and
- Modernizing language.
(Note: This summary applies to this bill as introduced.)

Upcoming:

Passed- Pending Governor Signature

Status:

Introduced in House,Passed House,Passed Senate

Last Updated

June 6, 2021, 3:55:48 PM

Security For Colorado Seniors

SB21-290

The bill creates the area agency on aging grant program (grant program) in the department of human service's state office on aging (state office). The purpose of the grant program is to assist and support the health, well-being, and security of older Coloradans. The bill requires the state office and the area agency on aging to collaborate and establish criteria for the following:
- Adopting the policies and procedures for the administration of the grant program;
- Establishing and publishing criteria for the grant program; and
- Creating application procedures by which eligible organizations may apply for and receive money from the grant program

Upcoming:

House 3rd Reading

06/07/21

10:00 AM

House Chamber

Status:

Passed Senate,Introduced in House

Last Updated

June 6, 2021, 3:55:48 PM

Economic Recovery And Relief Cash Fund

SB21-291

The bill creates the economic recovery and relief cash fund (fund) which consists of money deposited in the fund from the "American Rescue Plan Act of 2021" cash fund. To respond to the public health emergency with respect to COVID-19 or its negative economic impacts, the bill allows the general assembly to appropriate or transfer money for specified uses.

The bill transfers $40 million to the Colorado economic development fund for the Colorado office of economic development to use $10 million of the appropriated money to incentivize small businesses to locate in rural Colorado and for the location neutral employment incentive program which provides incremental cash incentives per remote employee per year for up to 5 years to small businesses that hire new employees in designated rural areas of the state. The bill specifies that the remaining appropriated money must be used, subject to the fund requirements, to provide grants to small businesses or to undertake any other economic development activity in response to the negative economic impacts of the COVID-19 pandemic.

The bill requires the executive committee of the legislative council to create a task force to meet during the 2021 legislative interim and issue a report with recommendations to the general assembly and the governor on policies that use money from the fund to provide a stimulative effect to the state's economy, necessary relief for Coloradans, or that address emerging economic disparities resulting from the pandemic.

Upcoming:

House 3rd Reading

06/07/21

10:00 AM

House Chamber

Status:

Introduced in Senate,Passed Senate,Introduced in House

Last Updated

June 6, 2021, 3:55:48 PM

Consumer Protection For Dog And Cat Purchasers

HB21-1102

The bill creates the "Pet Store Consumer Protection Act", which prohibits a pet store that was not licensed by the commissioner of agriculture prior to the effective date of the bill from selling or offering to sell dogs or cats on or after the effective date of the bill.
The bill also requires each pet store licensed to sell or offer to sell dogs or cats that continues to sell or offer to sell dogs or cats to:
- Include on all advertisements, including website postings, the purchase price of the dog or cat and any applicable federal or state license numbers for the breeder of the dog or cat;
- Post on the enclosure of each dog or cat the purchase price of the dog or cat and certain information on the dog's or cat's breeder; and
- Make certain written disclosures to a prospective consumer prior to selling a dog or cat.

Upcoming:

Signed into Law

Status:

Passed Senate,Passed House,Signed into Law

Last Updated

June 6, 2021, 3:55:46 PM

Extortion Of Immigrants Engaging In Lawful Acts

HB21-1057

Under current law, it is criminal extortion to threaten to report another person's immigration status to law enforcement to induce the threatened person to give the person money or another item of value. The bill adds to that version of criminal extortion a prohibition against threatening to report a person's immigration status to law enforcement to induce the threatened person to perform an act or refrain from performing a lawful act.

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

Upcoming:

Passed- Pending Governor Signature

Status:

Passed House,Passed Senate,Sent to the Governor

Last Updated

June 6, 2021, 3:55:46 PM

Reproductive Health Care Program

SB21-009

The bill creates the reproductive health care program that provides contraceptive methods and counseling services to participants.

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

Upcoming:

Passed- Pending Governor Signature

Status:

Passed Senate,Passed House,Sent to the Governor

Last Updated

June 6, 2021, 3:55:46 PM

Limits On Governmental Responses To Protests

SB21-031

The bill prohibits a state, county, or local government agency, or any person acting on behalf of the state, county, or local government agency, from ordering persons participating in a protest or demonstration (protest) to disperse, or from deeming the protest unlawful, unless the persons participating in the protest are acting in concert to pose an imminent threat to use force or violence to cause personal injury or significant property damage.
(Note: This summary applies to this bill as introduced.)

Upcoming:

Postpone Indefinitely

Status:

Introduced in Senate,Postponed Indefinitely

Last Updated

June 6, 2021, 3:55:46 PM

Elimination Of Subminimum Wage Employment

SB21-039

The bill phases out subminimum wage employment for employers that hold a special certificate from the United States department of labor that authorizes the employers to pay less than the minimum wage to employees whose earning capacity is impaired by age, physical or mental disability, or injury. The bill requires each employer that holds a special certificate to submit a transition plan to the Colorado department of labor and employment detailing how the employer plans to phase out subminimum wage employment.
The bill requires the employment first advisory partnership in the Colorado department of labor and employment (partnership) to:
- Develop actionable recommendations to address structural and fiscal barriers to phasing out subminimum wage employment and successfully implementing competitive integrated employment; and
- Report the recommendations to the general assembly.

The bill continues operation of the partnership, which is scheduled to repeal on July 1, 2021, indefinitely.

The bill requires the department of health care policy and financing to add employment-related services for individuals with intellectual and developmental disabilities.

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

Upcoming:

Passed- Pending Governor Signature

Status:

Introduced in Senate,Passed Senate,Introduced in House,Passed House,Sent to the Governor

Last Updated

June 6, 2021, 3:55:46 PM

Private Lenders Of Student Loans Acts And Practices

SB21-057

The bill expands the existing "Colorado Student Loan Servicers Act", which applies only to persons who service student loans, by adding a new part 2 covering private lenders, creditors, and collection agencies in connection with those student education loans that are not made, insured, or guaranteed under federal law and that are used for postsecondary education. The bill:
- Requires lenders to grant a release to cosigners if certain conditions are met, including 12 months of consecutive, on-time payments, and to ensure that cosigners have access to all documentation and records related to the loan they have cosigned;
- Expands disability discharge requirements so that a borrower or cosigner may be released from repayment obligations if permanently disabled;
- Prohibits "robo-signing" of documents used in collection lawsuits and requires specific evidence of loan origination and chain of ownership of the debt before a loan creditor or collection agency may commence legal proceedings;
- Prohibits auto-defaults, in which a loan is declared immediately due and payable upon the death or bankruptcy of a cosigner even when there has been no default in payments; and
- Provides legal recourse for borrowers who are harmed by predatory acts and practices of a lender, creditor, or collection agency. A violation of the new part 2 is defined as a deceptive trade practice under the "Colorado Consumer Protection Act".
(Note: This summary applies to this bill as introduced.)

Upcoming:

House 3rd Reading

06/07/21

10:00 AM

House Chamber

Status:

Passed Senate,Introduced in House,House 2nd Reading

Last Updated

June 6, 2021, 3:55:46 PM

Juvenile Diversion Programs

SB21-066

The bill makes several changes and clarifications to current juvenile diversion programs (diversion), including:
- Establishing another category of diversion that is pre-arrest, and therefore allowing funding at the school and law enforcement levels;
- Clarifying the division of criminal justice in the department of public safety's (division) authority over all programs funded with diversion money;
- Clarifying that diversion funding may be allocated to entities other than district attorneys' offices;
- Requiring eligibility criteria for diversion be made public;
- Establishing that a juvenile is eligible to divert if the juvenile meets the eligibility criteria;
- Clarifying that an approved validated assessment tool may be used for decisions on the length of supervision and necessary services;
- Clarifying that a risk screening tool is only to be used to inform the level and intensity of supervision;
- Establishing a clear process for data collection so the division can properly evaluate its diversion programs;
- Creating a clearer process and role for the division in the allocation process; and
- Creating a mandatory set-aside of 20% for a competitive grant process managed by the division for community-based diversion programs that include restorative justice practices.
(Note: This summary applies to this bill as introduced.)

Upcoming:

Signed into Law

Status:

Signed into Law

Last Updated

June 6, 2021, 3:55:46 PM

Allocation Formula Colorado Child Care Program

SB21-014

Concerning changes to allocation formulas for the Colorado child care assistance program.
The bill allows the state department of human services (state department), along with the child care allocation workgroup, to consider a utilization factor. This utilization factor would enable the state department to consider the volume of the eligible population and the service delivery cost to each county department of human or social services (county department) when allocating and distributing money for the Colorado child care assistance program (CCCAP). The bill further allows a county department to set its own eligibility levels for CCCAP, expressed as a percentage of the federal poverty level.
(Note: This summary applies to this bill as introduced.)

Upcoming:

Postpone Indefinitely