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signed · Colorado · Senate May 17, 2024

SB 24-205: Consumer Protections for Artificial Intelligence

On and after February 1, 2026, the act requires a developer of a high-risk artificial intelligence system (high-risk system) to use reasonable care to protect consumers from any known or reasonably foreseeable risks of algorithmic discrimination in the high-risk system. There is a rebuttable presumption that a developer used reasonable care if the developer complied with specified provisions in the act, including: Making available to a deployer of the high-risk system a statement disclosing specified information about the high-risk system; Making available to a deployer of the high-risk system information and documentation necessary to complete an impact assessment of the high-risk system; Making a publicly available statement summarizing the types of high-risk systems that the developer has developed or intentionally and substantially modified and currently makes available to a deployer or other developer and how the developer manages any known or reasonably foreseeable risks of algorithmic discrimination that may arise from the development or intentional and substantial modification of each of these high-risk systems; and Disclosing to the attorney general and known deployers or other developers of the high-risk system any known or reasonably foreseeable risks of algorithmic discrimination, within 90 days after the discovery or receipt of a credible report from the deployer, that the high-risk system has caused or is reasonably likely to have caused. The act also, on and after February 1, 2026, requires a deployer of a high-risk system to use reasonable care to protect consumers from any known or reasonably foreseeable risks of algorithmic discrimination in the high-risk system. There is a rebuttable presumption that a deployer used reasonable care if the deployer complied with specified provisions in the act, including: Implementing a risk management policy and program for the high-risk system; Completing an impact assessment of the high-risk system; Annually reviewing the deployment of each high-risk system deployed by the deployer to ensure that the high-risk system is not causing algorithmic discrimination; Notifying a consumer of specified items if the high-risk system makes, or will be a substantial factor in making, a consequential decision concerning the consumer; Providing a consumer with an opportunity to correct any incorrect personal data that a high-risk system processed in making a consequential decision; Providing a consumer with an opportunity to appeal, via human review if technically feasible, an adverse consequential decision concerning the consumer arising from the deployment of a high-risk system; Making a publicly available statement summarizing the types of high-risk systems that the deployer currently deploys, how the deployer manages any known or reasonably foreseeable risks of algorithmic discrimination that may arise from deployment of each of these high-risk systems, and the nature, source, and extent of the information collected and used by the deployer; and Disclosing to the attorney general the discovery of algorithmic discrimination, within 90 days after the discovery, that the high-risk system has caused. A person doing business in this state, including a deployer or other developer, that deploys or makes available an artificial intelligence system that is intended to interact with consumers must ensure disclosure to each consumer who interacts with the artificial intelligence system that the consumer is interacting with an artificial intelligence system. The act does not restrict a developer's, deployer's, or other person's ability to engage in specified activities, including: Complying with federal, state, or municipal laws, ordinances, or regulations; Cooperating with and conducting specified investigations; Taking immediate steps to protect an interest that is essential for the life or physical safety of a consumer; Conducting and engaging in specified research activities; and Effectuating a product recall or repairing technical errors that impair product functionality. The act provides an affirmative defense for a developer, deployer, or other person if: The developer, deployer, or other person involved in a potential violation is in compliance with a nationally or internationally recognized risk management framework for artificial intelligence systems that the act or the attorney general designates; and The developer, deployer, or other person takes specified measures to discover and correct violations of the act. An insurer, a fraternal benefit society, or a developer of an artificial intelligence system used by an insurer is in full compliance with the act if the entity is subject to specified laws governing insurers' use of external consumer data and information sources, algorithms, and predictive models and rules adopted by the commissioner of insurance. A bank, out-of-state bank, credit union chartered by the state of Colorado, federal credit union, out-of-state credit union, or any affiliate or subsidiary thereof, is in full compliance with the act if the entity is subject to examination by a state or federal prudential regulator under any published guidance or regulations that apply to the use of high-risk systems and the guidance or regulations meet criteria specified in the act. The act grants the attorney general rule-making authority to implement, and exclusive authority to enforce, the requirements of the act. A person who violates the act engages in a deceptive trade practice pursuant to the "Colorado Consumer Protection Act". APPROVED by Governor May 17, 2024 EFFECTIVE May 17, 2024(Note: This summary applies to this bill as enacted.)
Robert Rodriguez (D) Manny Rutinel (D) Brianna Titone (D)
signed · Colorado · Senate May 17, 2024

SB 24-010: Dentist & Dental Hygienist Compact

The act adopts the dentist and dental hygienist compact (compact) to facilitate the interstate practice of dentistry and dental hygiene. With the adoption of the compact, a dentist or dental hygienist who holds an active, unencumbered license in a participating state and does not have an encumbered license from any participating state may apply to another participating state (remote state) for a privilege to practice dentistry or dental hygiene, as applicable, (compact privilege) in that state. Under a compact privilege, the dentist or dental hygienist must practice within the scope of practice authorized for a dentist or dental hygienist licensed in the remote state and is subject to the remote state's licensing authority, which may, within the borders of the remote state, take adverse action against the dentist's or dental hygienist's compact privilege in order to protect the health and safety of its citizens. If a remote state, acting through its licensing authority, takes adverse action, the dentist's or dental hygienist's compact privilege in all remote states is removed until any restriction on the compact privilege is removed. Only the participating state in which the dentist or dental hygienist is licensed may take adverse action against the dental or dental hygienist's license; however, a remote state may take adverse action against the dentist's or dental hygienist's compact privilege in the remote state. The compact creates the dentist and dental hygienist compact commission (commission). The commission consists of one commissioner from each participating state who is selected by the state's licensing authority. The compact authorizes the commission to create the administrative structure for the compact, including granting the powers necessary to establish and operate the commission, adopt rules and bylaws, establish an executive committee, hire employees, establish an office, and conduct the commission's meetings. Further, the commission shall develop and maintain a coordinated database and reporting system to include significant investigatory information from participating states concerning the dentist's or dental hygienist's practice and to record any adverse action against the dentist or dental hygienist. To pay the costs associated with the compact, the compact authorizes the commission to levy and collect an annual assessment from each participating state and to impose fees on licensees for the granting or renewal of a compact privilege; except that an active military member or the member's spouse will not be required to pay the commission's fee for a compact privilege. The compact includes provisions governing disputes among participating states and between the commission and a participating state, enforcement provisions, and withdrawal of participating states from the compact. The compact is effective for participating states on the date on which the compact is enacted in the seventh participating state. For the 2024-25 state fiscal year, $78,750 is appropriated to the department of regulatory agencies from the division of professions and occupations cash fund for use by the department to implement the act. APPROVED by Governor May 17, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
Tony Hartsook (R) Joann Ginal (D) Perry Will (R) Monica Duran (D)
signed · Colorado · Senate May 17, 2024

SB 24-214: Implement State Climate Goals

Section 1 of the act creates the office of sustainability (office) in the department of personnel (department). The office is required to work with state agencies to implement environmentally sustainable practices. Section 1 also creates the state agency sustainability revolving fund (revolving fund) and directs the state treasurer to transfer $400,000 from the general fund to the revolving fund each year. The office may use the money in the revolving fund for the purposes of operating the office and replacing the state's gas- and diesel-powered equipment located in ozone nonattainment areas as designated by the U.S. environmental protection agency. Section 1 also requires the office to review and coordinate state agencies' applications for elective pay funding available under the federal "Inflation Reduction Act of 2022" (IRA). State agencies are required to submit elective pay applications directly to the office of the state controller. The inflation reduction act elective pay cash fund (cash fund) is created, and all money received by the state or state agencies pursuant to the elective pay provisions of the IRA must be deposited into the cash fund to be used for the purposes of the office. Subject to specified exceptions, section 3 requires, on and after January 1, 2025, recipients of state financial assistance for new building construction projects that include energy-consuming products covered by the Energy Star program (covered energy-consuming products) to use covered energy-consuming products certified by the Energy Star program (requirements). A state agency that provides or administers state financial assistance for a new building construction project (state agency) shall include certain requirements in the state agency's criteria for receiving state financial assistance and request an attestation signed by the recipient of the state financial assistance that declares that the requirements have been or will be followed or that the recipient is requesting a waiver from the requirements. A state agency may issue a waiver from the requirements based on certain evidence and an attestation from a licensed professional engineer or design professional. If the attorney general, by a preponderance of the evidence, believes that a recipient of state financial assistance has violated the requirements, the attorney general may bring a civil action to seek a civil penalty of up to the total amount of state financial assistance received by the violator. Section 4 amends the state efficiency standard for residential windows, residential doors, and residential skylights sold in Colorado on and after January 1, 2026 (standard). If the executive director of the department of public health and environment determines that the standard cannot reasonably be met by manufacturers, the executive director shall set an alternative standard which may be applied instead of the standard. Such an alternative standard, if set, must be displayed on the public website of the department of public health and environment no later than June 1, 2025. Section 6 clarifies law relating to the geothermal energy grant program within the CEO (grant program) by specifying that: The grant program applies to both heating-only and combined heating and cooling systems; At least 25% of the grant money must be awarded to projects in low-income, disproportionately impacted, or just transition communities; and The CEO may utilize grant program money to facilitate the growth of the geothermal sector and awareness of relevant state programs in Colorado. Section 7 allows money in the decarbonization tax credits administration cash fund to be used to repay administrative costs associated with administering the decarbonization tax credits, and specifies that all such administrative costs must be repaid on or before June 29, 2024. The amount of money that must remain in the fund after other unexpended and unencumbered money has been transferred to the general fund on June 30 of each year is increased from $100,000 to $300,000. Section 8 extends the deadline for the energy code board to develop a model low energy and carbon code from June 1, 2025, to September 1, 2025, and specifies that the model low energy and carbon code can include both appendices and resources to the international energy conservation code. Section 9 decreases the amount of money in the energy fund that the CEO is authorized to use to issue grants to local governments to support their adoption and enforcement of the 2021 international energy conservation code, an electric ready and solar ready code, and a low energy and carbon code from $2,000,000 to $1,875,000 and increases the amount of money that the treasurer is required to transfer into the energy fund for CEO to use to administer the energy code board from $150,000 to $275,000. Section 10 authorizes grantees to use money received through the CEO's high-efficiency electric heating and appliances grant program for equipment used to dry clothes and for other purposes as determined by the CEO. Section 13 requires the CEO, on or before August 1, 2024, to commence a study to explore how to accelerate adoption of heat pump technology in Colorado through a technical standard for applicable air conditioners. The CEO is required to provide to the general assembly a progress report, interim results and legislative recommendations, and, on or before June 1, 2025, a final study and final legislative recommendations. Section 14 repeals the requirement that a person using any portion of a transfer facility for the provision of retail or commercial goods or services or for the provision of residential uses pay rent at fair market value for such use. Section 15 clarifies that, for purposes of the industrial clean energy tax credit, an industrial study includes a pre-front-end or front-end engineering design study that meets or exceeds the standards established by the CEO or any other industrial studies as outlined in program standards and an owner includes a project developer. Section 15 also increases the amount of the credit that can be claimed from $5,000,000 to $8,000,000 and specifies that an owner that claims the industrial clean energy tax credit cannot, for the same greenhouse gas emission reduction improvements, claim the enterprise zone investment tax credit or receive grant money under the industrial and manufacturing operations clean air grant program. Section 16 clarifies several definitions related to the tax credit for expenditures made in connection with a geothermal energy project and adds several definitions. Section 16 also adds tribal governments as eligible taxpayers that may claim the tax credit. Section 17 adds tribal governments as qualified entities that may claim the geothermal electricity generation production tax credit, and requires the CEO to annually review and evaluate the effectiveness of the tax credit. Section 18 clarifies and adds several definitions related to the heat pump technology and thermal energy network tax credit, adds new standards for taxpayers to be eligible to claim the credit, and requires the CEO to substantiate that eligible taxpayers are meeting those standards periodically rather than annually. Section 20 repeals a provision that required the state treasurer to credit an amount of severance taxes to certain cash funds to repay costs associated with administering the decarbonization tax credits. Section 21 requires the CEO to prioritize high-efficiency homes and buildings when providing loans and grants from the sustainable rebuilding program to homeowners and business owners that are seeking to rebuild. Money from the sustainable rebuilding program may also be used to provide loans and grants through the disaster resilience rebuilding program which is administered by the department of local affairs. Section 22 extends the date by which the public utilities commission must determine mass-based greenhouse gas emission reduction targets for clean heat plans for 2035 from December 1, 2024, to December 1, 2025. Section 23 requires investor-owned utilities, on or before August 1, 2027, to submit to the public utilities commission a proposal for a voluntary rate or rates for energy supplied to residential customers who utilize a heat pump as their primary heating source, which, if cost-justified, are designed to lower the energy bills of those customers. Section 24 specifies that an appropriation made to the department of higher education and related to the biochar in oil and gas well plugging working advisory group for state fiscal year 2023-24 is further appropriated to the department for state fiscal year 2024-25 to the extent that it is not expended prior to July 1, 2024. To implement the act: Section 25 reduces state fiscal year 2024-25 appropriations from various cash funds to the department of revenue by an aggregate amount of $1,770,160 and offsets the decrease by increasing state fiscal year 2024-25 appropriations to the department of revenue from the decarbonization tax credits administration cash fund by $1,770,160; and Section 26 appropriates $1,058,596, of which $958,596 is from the decarbonization tax credits administration cash fund and $100,000 is from the general fund, to the office of the governor for use by the CEO. APPROVED by Governor May 17, 2024 EFFECTIVE May 17, 2024(Note: This summary applies to this bill as enacted.)
Chris Hansen (D) Lisa Cutter (D) Karen McCormick (D) Judy Amabile (D)
signed · Colorado · Senate May 17, 2024

SB 24-019: Remuneration-Exempt Identifying Placards

Current law exempts an individual with a remuneration-exempt identifying placard from paying at a parking device. The act defines "parking device" as a single- or multi-space meter, kiosk, pay station, pay-by-space, pay-by-plate, pay-by-card, or other payment system or methodology for the parking of vehicles. The act also: Clarifies that a remuneration-exempt parking placard does not count toward the limits on the number of disability identifying placards and license plates the department of revenue (department) may issue to an individual; Increases the number of remuneration-exempt placards that the department may issue to an individual from one placard to 2 placards; and Specifies that an individual with a placard is exempt from paying at a parking device within a parking lot. APPROVED by Governor May 17, 2024 EFFECTIVE November 1, 2024(Note: This summary applies to this bill as enacted.)
Stephanie Vigil (D) Matt Soper (R) Jim Smallwood (R) Chris Kolker (D)
signed · Colorado · House May 17, 2024

HB 24-1011: Mortgage Servicers Disburse Insurance Proceeds

The act requires a mortgage servicer, upon the request of a borrower, to disclose certain information to the borrower concerning the disbursement of insurance proceeds to the borrower in the event that a residential property that is subject to a mortgage is damaged or destroyed and an insurance company pays a claim associated with such damage or destruction. In the event that a residential property is damaged or destroyed, a borrower, after consulting with the borrower's contractor, must create a written repair plan or a written rebuild plan and submit the plan to the mortgage servicer for approval. The mortgage servicer must indicate approval or disapproval within 30 days after receiving the submitted plan. The plan must include specific milestones that require the mortgage servicer to disburse insurance proceeds. However, a mortgage servicer must also disburse insurance proceeds to a borrower in specified amounts, depending on the amount of the insurance proceeds and whether the borrower is delinquent in making payments on the mortgage. For the purpose of such disbursements: A mortgage servicer must make the first disbursement within 14 days after the mortgage servicer receives the insurance proceeds if the mortgage is insured by the federal government or securitized by the federal national mortgage association or the federal home loan mortgage corporation and as soon as reasonably possible and no later than 30 days after the mortgage servicer receives the insurance proceeds if the mortgage is not insured by the federal government or securitized by the federal national mortgage association or the federal home loan mortgage corporation; and A mortgage servicer may disburse funds directly to a designee of a borrower so long as the designee is agreed to by both the borrower and the mortgage servicer and the designation is permitted by federal and state law and any associated rules. With certain exceptions, a mortgage servicer must promptly disburse to a borrower any amount of insurance proceeds in excess of the remaining amount that the borrower owes on the mortgage. A mortgage servicer must hold in an interest-bearing account any insurance proceeds that the mortgage servicer does not immediately disburse to a borrower. A mortgage servicer must ensure that any interest that is credited to the account is credited and disbursed to the borrower. A mortgage servicer must retain for at least 4 years all written and electronic communications between the mortgage servicer and a borrower. The act repeals certain provisions of existing law concerning the disbursement of insurance proceeds following a claim of property damages. APPROVED by Governor May 17, 2024 EFFECTIVE May 17, 2024(Note: This summary applies to this bill as enacted.)
Janice Marchman (D) Lisa Cutter (D) Judy Amabile (D) Kyle Brown (D)
signed · Colorado · Senate May 16, 2024

SB 24-184: Support Surface Transportation Infrastructure Development

The act clarifies the scope of the high-performance transportation enterprise's (transportation enterprise) powers and duties to expand its capacity to execute its charge and more explicitly prioritize mitigation of traffic congestion and traffic-related pollution through the completion of multimodal surface transportation infrastructure projects as follows: Section 13: Authorizes the transportation enterprise to impose a congestion impact fee, as a new user fee, in maximum amounts of up to $3 per day that is subsequently adjusted for inflation, and, in conjunction with section 12, requires the fee to be collected and administered in the same manner as an existing state daily vehicle rental fee; Clarifies that providing diverse multimodal transportation options, including rail projects, that reduce traffic congestion and degradation of existing surface transportation infrastructure is part of the transportation enterprise's statutory charge; Requires the transportation enterprise to develop a new multimodal strategic capital plan that aligns with the 10-year transportation plan of the Colorado department of transportation (CDOT) and statewide greenhouse gas pollution reduction goals and priorities, complies with specified environmental standards adopted by the transportation commission, and prioritizes benefits to user fee payers and the reduction of adverse impacts on highways; Requires the transportation enterprise to complete an initial assessment of opportunities available through 2030 to leverage federal money made available to the state and to thereafter assess such opportunities on an ongoing basis; and Requires the transportation enterprise to detail its work to reduce traffic congestion and greenhouse gas emissions and support the expansion of public transit in its annual report to the legislative committees with oversight over transportation; and Section 11 modifies an existing definition of "surface transportation infrastructure" to explicitly include multimodal transportation options and transportation of freight. Section 11 also modifies an existing definition of "user fee" to include the new congestion impact fee. Section 4 authorizes the regional transportation district (RTD) to extend construction and operations of its northwest rail fixed guideway corridor beyond its boundaries if all capital and operating expenses outside the RTD are fully accounted for and already reimbursed to the RTD by a public body. Section 6 requires the front range passenger rail district (rail district), in cooperation with RTD, CDOT, and the transportation enterprise, to provide to the transportation legislation review committee and the governor: A report containing an implementation plan, which must include, among other things, identification and evaluation of options for creating a separate legal entity or intergovernmental agreement as a business model, for construction and operations of the corridor and may also consider the creation of a Colorado rail authority to house some or all passenger rail services under one entity; and A report, which must also include the cooperation of any separate legal entity created, concerning a plan to begin providing front range passenger rail service no later than January 1, 2029. Sections 5, 7, 8, and 13, respectively and in conjunction with section 2, provide specific, explicit authorization to the RTD, the rail district, CDOT, and the transportation enterprise, in accordance with an implementation plan developed as required by section 6, to enter into a standalone intergovernmental agreement with or create a separate legal entity with each other to implement the completion of construction and operation of the RTD's northwest fixed guideway corridor, including an extension of the corridor to Fort Collins as the first phase of front range passenger rail service. Section 10 requires CDOT and the rail district to annually report to the transportation legislation review committee and the governor regarding the status of the service development plan for front range passenger rail service between Trinidad, Pueblo, and Fort Collins and requires the plan to include descriptions of steps taken to maximize the chances of securing federal grant assistance and of how the project will create good-paying, high-quality, and safe jobs. Section 9 requires CDOT's transit and rail division to submit a report containing a development plan for rocky mountain rail service to the legislative committees that oversee transportation and the governor not later than December 31, 2024. Section 15 appropriates $42,399 from the general fund to the department of revenue to implement the act. APPROVED by Governor May 16, 2024 EFFECTIVE May 16, 2024(Note: This summary applies to this bill as enacted.)
signed · Colorado · Senate May 16, 2024

SB 24-032: Methods to Increase the Use of Transit

The statewide transit pass exploratory committee (committee) is created in the department of transportation (department) to produce a viable proposal for the creation, implementation, and administration of a statewide transit pass (proposal). The committee is required to meet as necessary to produce a viable proposal by July 1, 2026, with the goal of implementing a statewide transit pass by January 1, 2028. The committee consists of members, appointed by the executive director of the department, who represent specified types of organizations and have specified knowledge or experience. In conducting its work, the committee is required to consider specified issues and to solicit input from subject matter experts and interested parties across the state. The committee is required to submit its proposal, including recommendations for any necessary legislation in connection with the proposal, to the executive director of the department and the members of the transportation legislation review committee of the general assembly on or before July 1, 2026. The existing ozone season transit grant program is combined with a new program to provide youth fare free transit grants and together are created as the zero fare transit grant program in the Colorado energy office (office). The zero fare transit grant program is created to provide grants to: The Colorado association of transit agencies (CASTA) for the purpose of providing grants to eligible transit agencies to offer either free transit services for a minimum of 30 days during ozone season or fare free year-round transit services for individuals who are 19 years of age or younger; and The regional transportation district (RTD) for the purpose of providing fare free year-round transit services for individuals who are 19 years of age or younger. To receive a grant, CASTA or the RTD must submit an application to the office in accordance with the act and policies established by the office. An eligible transit agency that receives a grant from CASTA may use the grant money to either cover the costs associated with providing new or expanded free transit services within its service area during ozone season or to provide operating support for its transit operations and general transit programs so long as the eligible transit agency provides uninterrupted fare free year-round transit services to youth riders. The RTD may use the grant money to provide operating support for its transit operations and general transit programs, so long as the RTD provides uninterrupted fare free year-round transit services for youth riders. The RTD is required to report to the office and an eligible transit agency that receives a grant from CASTA is required to report to CASTA regarding its use of the grant money. CASTA is required to submit to the office a summary of the reported information for all eligible transit agencies that received a grant through CASTA. The office is required to establish policies governing the zero fare transit grant program and to report to the house of representatives transportation, housing, and local government committee and the senate transportation committee, or their successor committees, by December 31 of each year of the program. The zero fare transit fund (fund) is created in the treasury. The fund consists of money transferred to the fund from the ozone season transit grant program fund, money transferred to the fund from the multimodal transportation options fund, any other money that the general assembly appropriates or transfers to the fund, and any gifts, grants, or donations credited to the fund. The money in the fund is continuously appropriated to the office for the zero fare transit grant program. The state treasurer is directed to transfer any money remaining in the ozone season transit grant program fund on June 30, 2024, to the fund. In addition, the state treasurer is directed to transfer $10 million from the multimodal transportation and mitigation options fund to the fund on July 1, 2024. A regional transportation authority is allowed to derive up to one-half, rather than one-third, of its total revenue from a visitor benefit tax and, unlike in the past, to levy such a tax at a rate greater than 2%. The department is authorized to use money that was previously transferred to the state highway fund for a designated purpose in connection with the development of the Burnham Yard rail property for new purposes including site preparation, site enhancements, planning, and facilitating a track alignment that preserves buildable land while promoting transit and rail capacity and increasing safety in connection with the development of the Burnham Yard rail property. APPROVED by Governor May 16, 2024 EFFECTIVE May 16, 2024(Note: This summary applies to this bill as enacted.)
Stephanie Vigil (D) Julia Marvin (D) Kevin Priola (D) Faith Winter (D)
signed · Colorado · Senate May 16, 2024

SB 24-229: Ozone Mitigation Measures

Section 2 of the act requires the division of administration (division) in the department of public health and environment (department) to propose rules to the air quality control commission (commission) to reduce certain emissions of oxides of nitrogen (NOx) generated by upstream oil and gas operations in certain areas of the state by 50% by 2030 relative to 2017 NOx emission levels. Section 3 requires the division to prepare an annual air quality enforcement benchmark report to summarize the division's statewide enforcement actions, including civil penalties assessed. Section 3 also provides that a compliance order issued by the division may include, in addition to civil penalties, a requirement to perform one or more projects to reduce the potential for a recurrence of a violation. Under current law, the division or commission, in an enforcement action, cannot obtain a temporary restraining order or preliminary injunction if there is probable cause that the temporary restraining order or preliminary injunction would cause serious harm to the person affected by the temporary restraining order or preliminary injunction or to another person or if the source to which the enforcement action pertains has obtained a renewable operating permit and continues operations in compliance with that permit. Section 4 repeals those limitations on temporary restraining orders and preliminary injunctions. Section 4 also authorizes a district attorney or the attorney general to seek injunctive relief to reduce the potential for a recurrence of a violation. Sections 5 and 6 clarify that the division has authority to impose civil penalties for violations of requirements related to toxic air contaminants, fenceline and community-based monitoring, and, if enacted in House Bill 24-1338, petroleum refinery emissions monitoring. Section 7 authorizes the division, in considering permit applications for new sources of NOx emissions in disproportionately impacted communities in an ozone nonattainment area, to consider more stringent methods of regulating the sources. Section 9 authorizes the director of the energy and carbon management commission (ECMC) to hire at least 2 community liaisons to serve as dedicated resources for disproportionately impacted communities, and section 13 authorizes funding of the community liaison positions from the energy and carbon management cash fund. Under current law, an oil and gas operator (operator) is required to obtain a permit from the ECMC to commence oil and gas drilling operations. Section 10 requires the operator to also obtain from the ECMC a license to conduct oil and gas operations. Section 10 also requires operators to take actions in accordance with ECMC rules to reduce certain emissions of NOx generated from oil and gas production and preproduction operations. The ECMC is also required, in consultation with the department, to adopt rules to require enhanced systems and practices to avoid, minimize, and mitigate emissions of ozone precursors from oil and gas operations at newly permitted oil and gas locations in certain parts of the state. Section 11 limits a court's authority to postpone the effective date of an ECMC order suspending or revoking an operator's license to conduct oil and gas operations or a certificate of clearance, requiring the court to first consider various factors, including whether the moving party would face real, immediate, and irreparable injury if the effective date is not postponed and the effect that such postponement would have on the public interest. Section 12 expands the ECMC's enforcement authority to include revoking an operator's license to conduct oil and gas operations and expands the types of violations that are subject to suspension of all of the operator's permits and certificates of clearance and the operator's license to conduct oil and gas operations to include violations resulting in a penalty of $1,000,000 or more; violations that cause a major adverse impact, as defined by the ECMC by rule; and violations that cause death or serious bodily injury. Section 14 expands the scope of the orphaned wells mitigation enterprise to help finance the plugging, reclamation, and remediation of marginal wells that are at the highest risk of becoming orphaned. Section 15 appropriates $753,157 in state fiscal year 2024-25 from the general fund to the department for expenses related to regulating stationary sources and for legal services. APPROVED by Governor May 16, 2024 EFFECTIVE May 16, 2024(Note: This summary applies to this bill as enacted.)
Jennifer Bacon (D) Jenny Willford (D) Kevin Priola (D) Faith Winter (D)
signed · Colorado · Senate May 16, 2024

SB 24-230: Oil & Gas Production Fees

The act requires the clean transit enterprise (enterprise) to impose a production fee for clean transit (production fee for clean transit) to be paid quarterly by every producer of oil and gas in the state (producer). The production fee for clean transit applies to all oil and gas produced by the producer in the state on and after July 1, 2025. No later than one week after October 1, 2025, and no later than one week after the first day of each calendar quarter thereafter, the energy and carbon management commission (commission) must calculate the average Henry Hub natural gas spot price reported by the United States energy information administration (average gas spot price) and average west Texas intermediate spot price reported by the United States energy information administration (average oil spot price) for the previous quarter and publish the average gas spot price and average oil spot price on the commission's website. No later than one month after the commission publishes the average gas spot price and average oil spot price on the commission's website, the enterprise must set the production fee amounts for the previous calendar quarter, which are determined by the enterprise based on the average gas spot price and average oil spot price calculated by the commission; notify the executive director of the department of revenue (executive director) of the production fee amounts set; and publish the production fee amounts on the enterprise's website. Prior to adopting the production fee amounts, the enterprise must consult with the commission on the production fee amounts. On or before the last day of the second month following the previous calendar quarter, every producer must file a return with and pay the production fee for clean transit for the previous calendar quarter to the executive director in accordance with applicable department of revenue procedures. The state treasurer must first credit the costs to the department of revenue for administering the production fees for clean transit, which money is credited to the oil and gas production fees collection fund created in the act, and then credit the remaining production fees for clean transit in the following manner: 70% to the local transit operations cash fund to be used for expanding local transit service and prioritizing transit improvements in certain communities; 10% to the local transit grant program cash fund to be used for providing competitive grants to certain eligible entities for expenses associated with providing public transportation; and 20% to the rail funding program cash fund to be used for passenger rail projects and service. No later than March 1, 2030, and every fifth March 1 thereafter, the enterprise must complete an analysis of the production fee amounts and post the analysis on the enterprise's website. The act also requires the regional transportation district to prioritize completion of the northwest rail line to Longmont and the north lines of the transportation expansion plan adopted by the regional transportation district board (plan). On or before July 1, 2025, the regional transportation district is also required to submit a report to the governor and the general assembly that demonstrates how the regional transportation district will fulfill certain commitments made in the plan. The act also requires the division of parks and wildlife (division) to impose a production fee for wildlife and land remediation (production fee for wildlife and land remediation) to be paid quarterly by every producer. The production fee for wildlife and land remediation applies to all oil and gas produced by the producer in the state on and after July 1, 2025. No later than one month after the commission publishes the average gas spot price and average oil spot price on the commission's website, the division must set the production fee amounts for the previous calendar quarter, which are determined by the division based on the average gas spot price and average oil spot price calculated by the commission; notify the executive director of the production fee amounts set; and publish the production fee amounts on the division's website. Prior to adopting the production fee amounts, the division must consult with the commission on the production fee amounts. On or before the last day of the second month following the previous calendar quarter, every producer must file a return with and pay the production fee for wildlife and land remediation for the previous calendar quarter to the executive director in accordance with applicable department of revenue administrative procedures. The state treasurer must credit the production fees for wildlife and land remediation in the following manner: First, the costs to the department of revenue for administering the production fees for wildlife and land remediation are credited to the oil and gas production fees collection fund for use by department of revenue; and Second, the remaining amount of production fees for wildlife and land remediation are credited to the climate resilient wildlife and land cash fund to be used for certain wildlife and land remediation purposes. No later than March 1, 2030, and every fifth March 1 thereafter, the division must complete an analysis of the production fee amounts and post the analysis on the division's website. Along with publishing the average gas spot price and average oil spot price on the commission's website, the commission is required to routinely provide written guidance to the enterprise and the division on factors relevant to the production fee amounts for the production fee for clean transit and the production fee for wildlife and land remediation. The act also establishes: Certain department of revenue administrative procedures, including certain registration and return filing requirements, for the collection of the production fees for clean transit and the production fees for wildlife and land remediation; A petty offense and civil penalty for a producer's failure to register with the department of revenue; and The accrual of interest and penalties for a producer's failure to pay or correctly account for any production fees for wildlife and land remediation or production fees for clean transit or to keep complete and accurate records. If a constitutional amendment is adopted at the 2024 statewide general election that requires voter approval of fees assessed for the purpose of funding mass transportation, the act creates certain definitions that apply to the constitutional amendment. If a constitutional amendment is adopted at the 2024 statewide general election that defines a "fee" for the purposes of state constitutional law, the act clarifies what fees and fee increases the constitutional amendment applies to and creates certain definitions that apply to the constitutional amendment (fee definition provision). Provisions of the act are contingent upon Senate Bill 24-184 being enacted and becoming law. APPROVED by Governor May 16, 2024 EFFECTIVE May 16, 2024(Note: This summary applies to this bill as enacted.)
signed · Colorado · House May 15, 2024

HB 24-1348: Secure Firearm Storage in a Vehicle

The act prohibits knowingly leaving a handgun in an unattended vehicle unless the handgun is stored in a locked hard-sided container that is placed out of plain view and the container is in a locked vehicle, the locked trunk of the locked vehicle, or a locked recreational vehicle. The act prohibits knowingly leaving a firearm that is not a handgun in an unattended vehicle unless the firearm is stored in a locked hard-sided or soft-sided container that is placed out of plain view and the container is in a locked vehicle, the locked trunk of the locked vehicle, or a locked recreational vehicle. A firearm that is not a handgun that is stored in a soft-sided container must have a locking device installed on the firearm while stored in the soft-sided container. A person who is considered to have a disability who stores a firearm in a locked soft-sided container does not violate the requirement to store a firearm in a hard-sided container. The act includes exceptions from the storage requirement for storing antique firearms, storing a firearm that is a not a handgun in a vehicle being used for farm or ranch operations, a person who lives in a vehicle or in a recreational vehicle, peace officers and active members of the armed forces, and certain activities related to lawful hunting. Unsafe storage of a firearm in a vehicle is a civil infraction. APPROVED by Governor May 15, 2024 EFFECTIVE January 1, 2025(Note: This summary applies to this bill as enacted.)
signed · Colorado · Senate May 15, 2024

SB 24-003: Colorado Bureau of Investigation Authority to Investigate Firearms Crimes

The act authorizes the Colorado bureau of investigation (bureau) to investigate particular illegal activity involving firearms statewide. The bureau shall communicate with the appropriate local law enforcement agency in such an investigation to deconflict investigative operations and determine investigative responsibilities prior to taking investigative or enforcement action and shall collaborate with the local district attorney in the beginning stages of the investigation. An agent or other employee of the bureau who is a peace officer shall wear and activate a body-worn camera when conducting any public-facing part of an investigation authorized in the act. The act appropriates $1,477,127 from the general fund to the department of public safety for the bureau to conduct the investigations. APPROVED by Governor May 15, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
Meg Froelich (D) Monica Duran (D) Tom Sullivan (D)
signed · Colorado · House May 15, 2024

HB 24-1383: Common Interest Community Declarations

Under the "Colorado Common Interest Ownership Act" (CCIOA), every common interest community must be formed by the execution and recording of a declaration. The CCIOA does not state who is required to execute the declaration. The act clarifies that: A declaration that forms a common interest community must be executed by or with the express written authorization of the owner or owners of the real estate that is to be included in the common interest community; and Any amendment to a declaration that adds real estate to a common interest community must be executed by or with the express written authorization of the owner or owners of the real estate to be added. APPROVED by Governor May 15, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
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