The act creates the closed landfill remediation grant program (grant program) to help eligible local governments pay the costs of environmental remediation efforts and landfill management. On and after July 1, 2024, the department of public health and environment (department) is required to administer the grant program in accordance with rules promulgated by the solid and hazardous waste commission (commission) in the department. The department, in consultation with a 5-person advisory committee created in the act, may award grants from money in the closed landfill remediation grant program fund (fund), which fund is also created in the act. On or before February 1, 2026, and on or before each February 1 every 3 years thereafter, the commission must evaluate the current and future financial needs of the grant program and make written recommendations to the general assembly regarding funding. Additionally, the department must prepare and post on its public website an annual report that summarizes the use of all grant money awarded under the grant program in the preceding fiscal year. The grant program is repealed, effective September 1, 2033, subject to a sunset review by the department of regulatory agencies. For the 2023-24 state fiscal year, the act appropriates $15,000,000 from the general fund to the fund for use by the department. Of this amount, $170,702 is reappropriated to the department for the solid waste control program. Of this reappropriated amount, $87,976 is appropriated to the department of law to pay for legal services provided to the department. APPROVED by Governor May 19, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
The act requires the parks and wildlife commission (commission) to promulgate rules authorizing a local government to request that the division of parks and wildlife (division) charge an additional per vehicle fee, not to exceed $2, for each daily vehicle pass issued for a state park or wildlife area in the local government's geographic boundary. Upon the request, the commission must establish the fee, which will be collected on and after January 1, 2025, and transferred, minus an administrative deduction, to the local access route cash fund created by the act and then distributed to local governments to maintain and operate local access routes. The fee will be adjusted every 5 years for inflation or deflation. The division of parks and wildlife is required to collaborate with local governments to identify and study issues surrounding local access route transportation infrastructure and funding deficits and sources of funding for the routes. The division is given factors to consider and must seek input from the department of transportation and the department of local affairs before completing the study. Based on the study, the division must make legislative recommendations to the general assembly by November 1, 2024, regarding sources of funding or partnerships to assist in the maintenance of local access routes and state park services. To implement this act, $411,000 is appropriated to the department of natural resources for use by the division of parks and wildlife from the parks and outdoor recreation cash fund. APPROVED by Governor May 19, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
The act creates the nontoxic bullet pilot program (pilot program), which allows individuals who meet the qualifications to receive vouchers that offset the cost of purchasing hunting rounds that have nonlead bullets. The pilot program will focus on areas where the exposure of wildlife populations to spent lead bullets is of special or potential concern. The division of parks and wildlife (division) will work with one or more willing nongovernmental entities to determine the scope and collect the results of the pilot program. The division may work with nongovernmental entities to develop educational materials and range demonstrations relating to the pilot program. The division is directed to designate an entity to: Educate hunters about the benefits of nontoxic bullets; and Publicize the pilot program, including using hunting brochures and the division's website. The commission may promulgate rules as necessary to implement the pilot program. The pilot program is repealed, effective July 1, 2026. For the 2023-24 state fiscal year, $31,200 is appropriated to the department of natural resources from the wildlife cash fund to implement this act. APPROVED by Governor May 19, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
The act makes any statement or admission obtained during a juvenile custodial interrogation by a law enforcement official or agent who knowingly communicated any untruthful information or belief to the juvenile to be presumptively inadmissible against the juvenile at trial, unless the prosecution, in an evidentiary hearing prior to trial, proves by a preponderance of the evidence and based on the totality of the circumstances that the statement or admission was made voluntarily, despite the untruthful information or belief used to obtain the statement or admission or that the law enforcement official agent in good faith reasonably believed the information or belief was true at the time it was used. In assessing the totality of the circumstances, the court shall consider all evidence presented concerning the juvenile's vulnerability to any untruthful information or belief used during the custodial interrogation. The act requires law enforcement officials or agents to electronically record all juvenile custodial interrogations. Law enforcement agencies are encouraged to adopt and follow national model policies that are included in P.O.S.T. rules concerning law-enforcement-conducted interrogations involving a juvenile. The act directs the P.O.S.T. board to develop a live, virtual, training program for peace officers on the enforcement of laws related to custodial interrogation of juveniles to ensure uniform interpretation of the law. The state shall cover any local law enforcement agency costs associated with the training. For the 2023-24 state fiscal year, $37,500 is appropriated to the department of law from the P.O.S.T. board cash fund for peace officers standards and training board support. APPROVED by Governor May 18, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
The act creates the biochar in oil and gas well plugging working advisory group (work group) in the oil and gas conservation commission (commission). The act also requires Colorado state university (university) to conduct various studies and laboratory work on the use of biochar in the plugging of oil and gas wells and, no later than June 1, 2024, report the results of the studies and laboratory work to the work group. If, based on the report, the work group determines that a pilot program to study the use of biochar in the plugging of oil and gas wells would have a positive impact on the state, the work group must direct the university to make recommendations regarding the development of a pilot program. No later than December 1, 2024, the university must submit a draft report of its recommendations to the work group. No later than December 15, 2024, the university shall, in consultation with the work group, create a final report and submit the final report to the director of the commission. For the 2023-24 state fiscal year, the act appropriates $370,140 from the oil and gas conservation and environmental response fund (fund) to the department of higher education for use by the board of governors of the university for the work group. For the 2023-24 state fiscal year, the act appropriates $5,600 from the fund to the department of natural resources for use by the commission for program costs related to the act. APPROVED by Governor May 18, 2023 EFFECTIVE May 18, 2023 (Note: This summary applies to this bill as enacted.)
Under current law, various fees imposed on motor carriers are either specified in statute or set administratively by the public utilities commission (commission). The act removes the statutorily set fees and instead authorizes the commission to set the motor carrier fees administratively. The act also requires, on and after January 1, 2024, that the commission establish transportation network company permit fees administratively. The commission is required to notify transportation network companies of an increase in the fees at least 30 days before the increased fees take effect. The commission may adopt rules establishing different tiers of permit fees for distinct types of transportation network companies based on the commission's consideration of market factors. If the commission adopts different tiers of permit fees, the commission is required to publish the criteria that the commission used to establish the different tiers on its website. APPROVED by Governor May 18, 2023 EFFECTIVE May 18, 2023 (Note: This summary applies to this bill as enacted.)
Current law authorizes the inspection, testing, quarantine, condemnation, and destruction of livestock when there is an outbreak of an infectious or contagious disease. The act: Removes the requirement that the inspection, testing, and quarantine of livestock occur pursuant to rules promulgated by the commissioner of agriculture (commissioner); and Changes the appraisal process that is required before livestock may be condemned and destroyed. The act gives the commissioner the authority to investigate all buildings, yards, pens, pastures, and other areas in which any animals are kept, handled, or transported to ensure compliance with the "Livestock Health Act". The commissioner may: Administer oaths and take statements; Issue administrative subpoenas requiring the attendance of witnesses and the production of all books, memoranda, papers, and other documents, articles, or instruments; and Compel the disclosure by witnesses of all facts known to them that are relevant to the matters under investigation. Under current law, it is an unlawful act to alter or falsify a health certificate issued for the import of livestock into the state. The act makes it an unlawful act to alter or falsify a health certificate issued for the export of livestock out of the state. APPROVED by Governor May 18, 2023 EFFECTIVE May 18, 2023(Note: This summary applies to this bill as enacted.)
In support of the use of agrivoltaics, which is the integration of solar energy generation facilities with agricultural activities, the act authorizes the agricultural drought and climate resilience office (office) to award grants for new or ongoing demonstration or research projects that demonstrate or study the use of agrivoltaics. The Colorado water conservation board (board), in consultation with the state engineer, the Colorado energy office, and the Colorado water institute, is required to study the feasibility of using floatovoltaics, which are solar energy generation facilities placed over, near, or floating on irrigation canals or reservoirs. On or before January 1, 2025, the board shall submit a written report of its findings and conclusions from the study to the legislative committees of reference with jurisdiction over agricultural matters. The director of the division of parks and wildlife is required to consult on the impacts on wildlife of: Any research projects for which the office awards money to study the use of agrivoltaics; and A project that the board finances to study the feasibility of using floatovoltaics in the state. The act exempts certain agrivoltaic equipment from property taxation if the equipment is used in the required manner and amends the statutory definition of "solar energy facility", used in determining the valuation of public utilities for property tax purposes, to include agrivoltaics and floatovoltaics. The act requires the commissioner of agriculture (commissioner) to study greenhouse gas reduction and carbon sequestration opportunities in the agricultural sector, including soil health management practices, the use of dry digesters, and the potential for creating and offering a certified greenhouse gas offset program and credit instruments in the agricultural sector. To perform the study, the commission must consult with the Colorado energy office, the air quality control commission, the natural and working lands task force, the Colorado state forest service, and an institution of higher education with expertise in climate change mitigation, adaptation benefits, and other environmental benefits related to agricultural research. On or before October 1, 2024, the commissioner shall submit to the general assembly a progress report on the study and, on or before October 1, 2025, a final report, which must include any legislative and regulatory recommendations. The commissioner, in consultation with the Colorado energy office and the air quality control commission, may adopt rules to implement recommendations from the study that do not require legislative changes. Any greenhouse gas offset program or other greenhouse gas reduction and carbon sequestration program or mechanism that the commissioner establishes in rule must not mandate participation by agricultural producers. The act appropriates $611,870 for the 2023-24 state fiscal year from the general fund to the department of agriculture for use by the commissioner's office and administrative services, with $500,000 of the money appropriated for agrivoltaic project grants. APPROVED by Governor May 18, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.(Note: This summary applies to this bill as enacted.)
The act extends the community crime victims grant program (grant program) 5 years from the current repeal date of September 1, 2023, to September 1, 2028, and requires a sunset review of the grant program before the grant program's future repeal. The act allows the department of public health and environment to use money appropriated to the community crime victims grant program cash fund for the 2022-23 state fiscal year in the 2023-24 state fiscal year. APPROVED by Governor May 17, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
The act implements the recommendations of the department of regulatory agencies to continue to the offender reentry and education programs (programs) until September 1, 2028, subject to sunset review by the department of regulatory agencies. The act also requires the department of corrections to track the long-term recidivism rates of persons who were formerly incarcerated who participated in the programs. Finally, the act requires the department of corrections to report recidivism rates and data on all individuals who participate in reentry services and programs to the judiciary committees of the house and senate. APPROVED by Governor May 17, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
The act extends the advanced industry export acceleration program, which was scheduled to end on January 1, 2025, and the advanced industries acceleration grant program, which was scheduled to end on July 1, 2024, by 10 years. Through March 1, 2023, the state treasurer annually credited to the advanced industries acceleration cash fund an amount equal to one-half of the bioscience and clean technology income tax withholding growth. The act extends this funding mechanism by 2 years. Additionally, the advanced industry export acceleration program allows a qualifying business that meets certain eligibility criteria to receive an international export development expense reimbursement. The act removes the eligibility criterion that requires a qualifying business to show a profit during the last fiscal year. APPROVED by Governor May 17, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
Sections 1 and 4 of the act clarify that money that was transferred from the general fund or the affordable housing and home ownership cash fund to the Colorado heritage communities fund on June 27, 2021, or as soon as was practicable thereafter, must be expended before July 1, 2025. Section 2 clarifies that money that was transferred from the general fund to the housing development grant fund on June 27, 2021, must be expended before July 1, 2025. Section 3 clarifies that the division of housing may award multiple grants to multiple grant recipients for multiple regional navigation campuses in the Denver metropolitan area to respond to and prevent homelessness. APPROVED by Governor May 17, 2023 EFFECTIVE May 17, 2023 (Note: This summary applies to this bill as enacted.)
