The act implements the recommendations of the department of regulatory agencies, as specified in the department's sunset review of the "Revised Uniform Law on Notarial Acts" (law), as follows: Continues the law for 9 years, until September 1, 2032; Repeals the requirement that a certificate evidencing a notarial act performed by a notary public indicate the date of expiration of the notary public's commission; and Increases the maximum statutory fees from $5 to $15 for each document attested by a person before a notary public and from $10 to $25 for the notary public's electronic signature. The act also: Establishes requirements and limitations for the use of interpreters in the facilitation of notarial acts, including a prohibition against the use of an interpreter who has a disqualifying interest, as described in the act, in the transaction for which a notarial act is being performed; Limits the liability of a notarial officer for errors in interpretation made in the facilitation of a notarial act; and Appropriates $96,568 for the 2023-24 state fiscal year from the department of state cash fund to the department of state. APPROVED by Governor May 17, 2023 PORTIONS EFFECTIVE May 17, 2023 PORTIONS EFFECTIVE September 1, 2023 (Note: This summary applies to this bill as enacted.)
Section 1 of the act increases the percent of appropriated funds that the department of public health and environment (department) may use for the administration and management of the public water systems and domestic wastewater treatment works grant program from 5% to 10%. Section 3 modifies the composition of the water quality control commission (commission) by requiring that: No more than 5 members of the commission be affiliated with the same political party; and The commission include members with specific types of expertise, including expertise in areas of science, environmental law, environmental policy, municipal water treatment, municipal wastewater treatment, industry, or labor. Section 4 requires the commission, on or before October 31, 2025, and after engaging in stakeholder outreach, to set the following fees by rule: Drinking water fees assessed on public water systems; Commerce and industry sector permitting fees; Construction sector permitting fees; Pesticide sector permitting fees; Public and private utilities sector permitting fees; Municipal separate storm sewer systems sector permit fees; Review fees for requests for certification under section 401 of the federal "Clean Water Act"; Preliminary effluent limitation determination fees; Wastewater site application and design review fees; On-site wastewater treatment system fees; and Biosolids management program fees. The commission's fee-setting rules must become effective on or before January 1, 2026, and the commission may by rule authorize the division to phase in the fee-setting rules before January 1, 2026. Section 4 also creates the clean water cash fund into which the fees collected under the commission's fee-setting rules are credited, except that the fees assessed on public water systems under the drinking water fee-setting rules are credited to the drinking water cash fund. The statutory fee provisions in sections 2, 5, 6, and 8 repeal on July 1, 2026. Before the repeal, the state treasurer is required to transfer any money remaining in the funds into which the statutory fees are credited to the clean water cash fund; except that section 2 specifies that drinking water fees will continue to be credited to the drinking water cash fund and that any money in the drinking water cash fund will remain in that cash fund. Section 7 repeals the division of administration's (division's) regulatory authority concerning nuclear and radioactive wastes. Section 9 requires the division to include, in its annual reporting to the commission and the general assembly, information on: The division's implementation and enforcement of the discharge permitting program (program); For reports submitted before October 1, 2025, the division's fee revenue and direct and indirect costs associated with the program; and For the report submitted in 2025, the fee structure set forth in the commission's proposed or adopted fee-setting rules. APPROVED by Governor May 17, 2023 PORTIONS EFFECTIVE May 17, 2023 PORTIONS EFFECTIVE July 1, 2026 (Note: This summary applies to this bill as enacted.)
The act creates standards (standards) for products that are represented, marketed, or advertised in the state as being capable of undergoing decomposition in a controlled composting system as demonstrated in accordance with applicable international standards for compostable products set by ASTM International (compostable). Effective July 1, 2024: A producer is prohibited from representing a product as compostable unless the product has received certification by a recognized, independent, third-party verification body that the product is compostable (certified compostable); and The product must also comply with specific labeling standards that ensure that the product is easily and immediately distinguishable as certified compostable. Effective January 1, 2024: A producer of a product that is not certified compostable is prohibited from using tinting, color schemes, labeling, or words that are required for products that are certified compostable, except for brand colors or colors used in a manner that is not clearly intended to indicate compostability; A producer of a product that is not certified compostable is prohibited from using labeling, images, or words that could reasonably be anticipated to mislead consumers into believing that the product is compostable; and A producer of a plastic product is prohibited from using any words, labeling, or images that imply that the plastic product will eventually break down, fragment, biodegrade, or decompose in a landfill or other environment. Upon the request of any person, a producer must provide information and documentation demonstrating the producer's compliance with any applicable standards. The department of public health and environment (department), in collaboration with local governments, is required to conduct education and outreach activities to inform the public about the standards. On or before January 1, 2024, the department is required to establish a forum that allows any person to file a complaint against a producer for violation of the standards. For the 2023-24 state fiscal year, the act appropriates $26,250 from the general fund to the department for use by the hazardous materials and waste management division for the solid waste control program. 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 requires that, on or before January 1, 2024, the commissioner of agriculture adopt rules requiring neonicotinoid pesticides to be designated as limited-use pesticides and authorizing only licensed dealers to sell them. Products containing neonicotinoid active ingredients used in academic research are exempted from the limited-use pesticide designation, as are the following products that contain neonicotinoid active ingredients and for which the product label includes an intended use as: A pet care product; A veterinary product; An indoor pest control product; A personal care product used for preventing, destroying, repelling, or mitigating lice; A product used in structural insulation; A preserved wood product or product used in the manufacturing of wood preservatives; A bait product; or An insect strip. APPROVED by Governor May 17, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.(Note: This summary applies to this bill as enacted.)
Currently, certain persons licensed to sell alcohol beverages (licensee) may apply for a permit to hold a festival. The act makes the following changes to the festival permitting process: Requires the licensee to file a permit application at least 30 calendar days before the festival, which increases the current requirement of at least 10 business days before the festival; Increases the fee for a permit from $25 annually to $50 per festival; Authorizes a licensee to jointly participate in up to 52 festivals held by other licensees; and Changes the window during which festivals are counted for the purpose of determining how many festivals a licensee holds or participates in from 12 months after the issuance of a permit to a calendar year. APPROVED by Governor May 17, 2023 EFFECTIVE June 1, 2023 (Note: This summary applies to this bill as enacted.)
Under current law, a unit owners' association (association) of a common interest community may not prohibit the use of xeriscape, nonvegetative turf grass, or drought-tolerant vegetative landscapes to provide ground covering to property for which a unit owner is responsible. There is, however, an exception authorizing an association to adopt and enforce design or aesthetic guidelines or rules that apply to nonvegetative turf grass and drought-tolerant vegetative landscapes or to regulate the type, number, and placement of drought-tolerant plantings and hardscapes that may be installed on a unit owner's property, on a limited common element, or on other property for which the unit owner is responsible. The act states that an association's guidelines or rules must: Not prohibit the use of nonvegetative turf grass in the backyard of a unit owner's property; Not unreasonably require the use of hardscape on more than 20% of the landscaping area of a unit owner's property; Allow a unit owner an option that consists of at least 80% drought-tolerant plantings; and Not prohibit vegetable gardens in the front, back, or side yard of a unit owner's property. The act requires an association to develop at least 3 garden designs that are preapproved by the association for installation in front yards within the common interest community. To receive preapproval, a garden design must adhere to the principles of water-wise landscaping or be part of a water conservation program operated by a local water provider. A unit owner who is affected by an association's violation of the act's requirements may, after providing the association notice of and a 45-day period to cure the violation, bring a civil action to restrain further violation and to recover up to $500 or actual damages, whichever is greater. The act's provisions apply only to a unit that is a single-family detached home and do not apply to: A unit that is a single-family attached home that shares one or more walls with another unit; or A condominium. 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 requires the department of public health and environment (department) to study the impacts, benefits, and feasibility of requiring diversion of organic materials from landfills. The organics diversion study (study) must: Incorporate and utilize data contained in the statewide organics management plan and other existing Colorado studies and research from other states; Explore how to leverage existing organics diversion projects in Colorado to inform implementation of broader organics diversion projects across the state; Evaluate the environmental benefits of diversion of organic materials from landfills; Review and identify the infrastructure needed to enable diversion of organic materials from landfills and create a plan for infrastructure development; Create actionable parameters for local governments to use to determine if, where, and what types of organics processing infrastructure is needed and basic toolkits to help local governments build the infrastructure; Outline and recommend policies and regulations that would enable diversion of organic materials from landfills; Assess informational resources necessary to enable diversion of organic materials from landfills; and Identify opportunities for end-market development of organic materials diverted from landfills. On or before August 1, 2024, the department is required to submit a report of the study's research and findings to specified legislative committees of reference. The act authorizes the use of money in the front range waste diversion cash fund and the recycling resources economic opportunity fund to pay for costs associated with conducting the study. APPROVED by Governor May 17, 2023 EFFECTIVE May 17, 2023 (Note: This summary applies to this bill as enacted.)
Current law requires a male person who is applying for enrollment or reenrollment to a state-supported institution of higher education (institution) and who is at least 17 years and 9 months of age but younger than 26 years of age (applicant) to provide the institution with a statement of registration compliance for the United States selective service system (selective service). The act removes the requirement that an applicant register for selective service to enroll in an institution but requires institutions to provide information about selective service to eligible males prior to registration. APPROVED by Governor May 16, 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 health equity commission created in the office of health equity in the department of public health and environment is scheduled to repeal on September 1, 2023. Pursuant to the recommendation in the department of regulatory agencies' sunset review and report, the act extends the repeal date of the health equity commission to September 1, 2029. APPROVED by Governor May 16, 2023 EFFECTIVE August 7, 2023 (Note: This summary applies to this bill as enacted.)
For the career development success program (program), the act removes the requirement for successful completion of a qualified industry pre-apprenticeship program and the requirement for successful completion of a qualified industry apprenticeship. The act adds boards of cooperative services to the program. Current law requires the general assembly to annually appropriate $1 million to the department of education for the program. Beginning in the 2023-24 budget year, and each budget year thereafter, the act increase the appropriation to $9.5 million. The act requires a school district or charter school participating in the program to receive 120% of the per-pupil amount for each pupil who is eligible for free or reduced-price lunch and who successfully earned an industry certificate by completing a qualified industry-credential program, a qualified workplace training program, or a qualified advanced placement course. The act authorizes a participating school district or participating charter school to contract with a third party to provide specified services under the program. The act extends the repeal date from September 1, 2024, to September 1, 2034. APPROVED by Governor May 16, 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 establishes the universal high school scholarship program (program) in the office of economic development (office) to provide scholarships for the 2024-25 academic year to students who pursue an in-demand or high-priority postsecondary pathway, including degrees, certificates, and registered apprenticeships, with a provider on the eligible training provider lists disseminated by the department of labor and employment, a provider in the Colorado state apprenticeship resource directory, a public or private institution of higher education operating in Colorado, or an organization approved by the office (service providers). The office, or a vendor contracted by the office, administers the program. The office shall develop policies and procedures necessary to administer the program. A student is eligible for the program if the student graduated from a Colorado high school or was awarded a high school equivalency credential during the 2023-24 academic year; completes the free application for federal student aid or the Colorado application for state financial aid; and did not receive a grant from the Colorado opportunity scholarship initiative. Scholarships are awarded in the following priority: First, to all eligible students who intend to enroll at a service provider to pursue an in-demand or high-priority postsecondary pathway, then to other eligible students who intend to enroll at a service provider. The office or vendor determines the amount of each scholarship award, up to a maximum $1,500. Scholarship money is distributed to the service provider for use by the student for tuition, fees, and books. The act requires the office to contract with vendors to provide postsecondary and career advising at schools identified by the office. The office shall make efforts to identify a diversity of schools in rural and urban areas of the state to receive postsecondary advising support. The act requires the state treasurer to transfer $25 million from the general fund to the universal high school scholarship cash fund (cash fund). The act appropriates $25 million from the cash fund to the office of the governor for the program. APPROVED by Governor May 16, 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 Colorado school transportation modernization task force (task force) in the department of education (department) to create a report containing findings and recommendations to improve school transportation services for students. The department is required to provide relevant data to the task force to inform its duties. The report must be publicly published and submitted to the education committees of the senate and house of representatives, the board of education, and the governor by December 1, 2024. The act specifies task force membership, including the commissioner of education or the commissioner's designee, and members appointed by the commissioner. For the 2023-24 budget year, $95,313 is appropriated from the general fund to the department to implement the act. APPROVED by Governor May 16, 2023 EFFECTIVE May 16, 2023 (Note: This summary applies to this bill as enacted.)
