The act requires the executive director of the department of local affairs (director), no later than December 31, 2024, to develop reasonable methodologies for conducting statewide, regional, and local housing needs assessments and reasonable guidance for a local government to identify areas at elevated risk of displacement. The act requires the director, no later than November 30, 2027, and every 6 years thereafter, to conduct a statewide housing needs assessment that analyzes existing and future statewide housing needs and to publish a report, based on the statewide housing needs assessment and regional and local housing needs assessments accepted by the department, identifying current housing stock and estimating statewide housing needs. The act requires each local government, beginning December 31, 2026, to conduct and publish a local housing needs assessment. The act outlines the process for a local government conducting a local housing needs assessment and for determining when a local government is exempt from conducting a local housing needs assessment. The act requires local governments to submit local housing needs assessments to the department of local affairs (department), which shall publish those assessments on the department's website. Relatedly, the act allows a regional entity to conduct a regional housing needs assessment. If a regional entity conducts a regional housing needs assessment, the act requires the regional entity to submit the assessment both to each local government in the region and to the department, which shall publish those assessments on the department's website. A housing action plan is an advisory document that demonstrates a local government's commitment to address housing needs and that guides a local government in developing legislative actions, promoting regional coordination, and informing the public of the local government's efforts to address housing needs in the local government's jurisdiction. The act requires a local government with a population of either 5,000 or more or 1,000 or more if the local government either participated in a regional housing needs assessment or is a rural resort community to make a housing action plan no later than January 1, 2028, and every 6 years thereafter. The act identifies the specific elements that a housing action plan must include, explains how a local government may update a housing action plan, requires a local government to report its progress in implementing the plan to the department, and requires a local government to submit a housing action plan to the department, which shall publish each accepted housing action plan on the department's website. The act requires the director to develop, by no later than June 30, 2025: A standard affordability strategies directory; A long-term affordability strategies directory; and A displacement risk mitigation strategies directory. The act establishes the minimum required elements for all three directory types. The act also requires the director to submit a statewide strategic growth report to the general assembly no later than October 31, 2025, and develop and publish, in consultation with relevant state agencies, a natural land and agricultural interjurisdictional opportunities report no later than December 31, 2025. The act requires the division of local government (division) to provide technical assistance and guidance through a grant program, the provision of consultant services, or both to aid local governments in: Establishing regional entities; Creating local and regional housing needs assessments; Conducting a displacement risk analysis with a state-created tool; Identifying and implementing strategies included in the standard affordability strategies directory, long-term affordability strategies directory, or displacement risk mitigation strategies directory; Making and adopting a housing action plan; Enacting laws and policies that encourage the development of a range of housing types, including regulated affordable housing, or mitigate the impact of displacement; and Creating strategic growth elements in master plans. The act creates the continuously appropriated housing needs planning technical assistance fund to contain the money necessary for the division to provide this technical assistance and guidance. The act requires the state treasurer to transfer $10.5 million from the local government severance tax fund and $4.5 million from the local government mineral impact fund to this fund. Further, the act directs the division to serve as a clearing house for the benefit of local governments and regional entities in accomplishing the goals of the act. The division shall report on the assistance requested and provided under the act. On and after December 1, 2027, for any grant program conducted by the department, the Colorado energy office, the office of economic development, the department of transportation, the department of natural resources, the department of public health and environment, or the department of personnel and administration that awards grants to local governments for the primary purpose of supporting land use planning or housing, the act requires the awarding entity to prioritize awarding grants to a local government that: Has completed and filed a housing needs assessment; Has adopted a housing action plan that has been accepted by the department; Has reported progress to the department regarding the adoption of any strategies or changes to local laws identified in the housing action plan; and Is the subject of a master plan that includes a water supply element and a strategic growth element. In the case of a local government that is not required to do any of the above, the department is required to prioritize that local government in the same way that it prioritizes a local government that has done all of the above. On or before June 30, 2025, the act requires the department to designate criteria for the designation of a neighborhood center by a local government. If a local government designates a neighborhood center, the local government must submit a report to the department describing the neighborhood center. Furthermore, on or after December 31, 2026, the act requires certain grant programs to prioritize projects supporting or concerning neighborhood centers. The act modifies the requirements of both county and municipal master plans so that those master plans must include: A narrative description of the procedure used for the development and adoption of the master plan; No later than December 31, 2026, a water supply element; and No later than December 31, 2026, a strategic growth element. The water supply element in a county or municipal master plan must identify the general location and extent of an adequate and suitable supply of water, identify supplies and facilities sufficient to meet the needs of local infrastructure, and include water conservation policies. The strategic growth element in a master plan must include: A description of existing and potential policies and tools to promote strategic growth and prevent sprawl; An analysis of vacant and underutilized sites and the use of those sites for the development of housing; and An analysis of underdeveloped sites that are not adjacent to developed land for the use of those sites for residential use. The act requires both counties and municipalities to submit their master plan and any separately approved water or strategic growth element to the division for the division's review. The act prohibits a unit owners' association of a common interest community from, through any declaration or bylaw, rules, or regulation adopted or amended by an association on or after July 1, 2024, prohibiting or restricting the construction of accessory dwelling units or middle housing if the zoning laws of the association's local jurisdiction would otherwise allow such construction. For the 2024-25 state fiscal year, $583,864 is appropriated, from reappropriated funds received from the department of local affairs from the housing needs planning technical assistance fund, to the office of the governor for use by the office of information technology to provide information technology services for the department of local affairs for the implementation of the act. APPROVED by Governor May 30, 2024 EFFECTIVE May 30, 2024(Note: This summary applies to this bill as enacted.)
The act creates a pilot program for an income tax credit for owners of qualified housing developments focused on rental housing for middle-income individuals and families. Middle-income individuals and families have an annual household income between 80% and 120% of the area median income of the households of the same size in the county in which the housing development is located; except that, for rural resort counties, the annual income is between 80% and 140% of the respective area median income. During the calendar years commencing on January 1, 2025, and ending on December 31, 2029, the owner of a qualified housing development may be allocated a credit by the Colorado housing and finance authority (CHFA). The amount of the credit is determined by CHFA. The allocation of credits must follow CHFA's published allocation plan and the aggregate amount of credits allocated in one calendar year, not including any unallocated credits from preceding years that may be allocated, cannot exceed: $5 million for calendar year 2025; $5 million for calendar year 2026; $10 million for calendar year 2027; $10 million for calendar year 2028; and $10 million for calendar year 2029. The aggregate amount of any unallocated credits remaining as of December 31, 2029, is added to the amount of credits that CHFA may allocate for the state affordable housing tax credit. The allocated credit amount may be used to offset a qualified taxpayer's income taxes each year for a period of 5 years, beginning in the year that the qualified housing development is placed in service. Although the credit may only be claimed for a 5-year period, the owner is required to provide middle-income housing in the qualified housing development for 15 years. A portion of the credit may be recaptured under certain conditions, for instance when the owner reduces the number of units serving middle-income individuals and families. In addition, the credit is allowed against insurance premium taxes for eligible taxpayers that are not subject to income taxes. A governmental or quasi-governmental entity, including the middle-income housing authority, may be allocated a credit if it owns a qualified housing development. A credit allocated to a governmental or quasi-governmental entity is subject to the same conditions, allocation rights, and recapture as a credit allocated to a qualified owner; except that a governmental or quasi-governmental entity may also transfer credits to any qualified taxpayer. The act also requires CHFA to annually report on the middle-income housing tax credit pilot program to the general assembly, to make the report publicly available, and, as part of CFHA's final annual report, to provide certain information summarizing the overall success of the pilot program. The middle-income housing tax credit is repealed on January 1, 2055. APPROVED by Governor May 30, 2024 EFFECTIVE May 30, 2024(Note: This summary applies to this bill as enacted.)
The act creates a right of first refusal and a right of first offer for local governments to make an offer to purchase certain types of multifamily rental properties. Both the right of first refusal and the right of first offer terminate on December 31, 2029, and a local government is not entitled to exercise either right after that date unless the local government exercised the right before December 31, 2029 and the process has not concluded. For multifamily rental properties that are existing affordable housing consisting of not less than five units, a local government has a right of first refusal to make a matched offer for the purchase of such property, subject to the local government's commitment to using the property as long-term affordable housing. Existing affordable housing is housing that is subject to one or more restricted use covenants or similar recorded agreements to ensure affordability consistent with affordable housing financial assistance requirements. The act requires the seller of such property to give notice to the local government and to the Colorado housing and finance authority at least 2 years before the final expiration of the last remaining affordability restriction on the property of the date of such expiration, a second notice not less than 6 months before the final expiration of the last remaining affordability restriction, and additional notice when the seller takes certain actions as a precursor to selling the property. Sharing information provided by the seller in certain notices is subject to execution of a nondisclosure agreement. Upon receiving the third notice indicating an intent to sell the property or of a potential sale of the property, the local government has 14 calendar days to preserve its right of first refusal and an additional 30 calendar days to make an offer and must agree to close on the property within 60 calendar days of the acceptance of the local government's offer; except that, if the seller has received an entirely cash offer from a third-party buyer, then the local government must agree to close within the same time period as is set forth in the third-party buyer's offer. If the price as listed in the seller's notice is reduced by 5% or more or if the required terms and conditions of an acceptable offer that has been communicated to the local government materially change, the seller must provide notice of the change within 7 days and the local government may exercise or re-exercise its right of first refusal. If the seller rejects an offer by the local government, the seller must provide a written explanation of the reasons, invite the local government to make one subsequent offer within 14 days, and must accept or reject the local government's subsequent offer within 14 days of the subsequent offer being made. For all other multifamily rental properties that are 30 years or older and have not more than 100 units and not less than 15 units, a local government has a right of first offer. A seller of such property must provide notice of intent to sell the property to the local government before the seller enters into an agreement with a licensed broker to solicit and procure purchasers or otherwise lists the property for sale on the multiple listing service. After receipt of the notice, the local government has 7 days to respond by either indicating the local government is interested in receiving due diligence information on the property to evaluate whether it wants to make an offer, which response must include a nondisclosure agreement in a form acceptable to the seller, or waiving any right to purchase the property. If the local government does not respond within this time period, it is deemed to have waived its right of first offer with respect to the property. The local government's right of first offer is subject to the property being used or converted for the purpose of providing long-term affordable housing or mixed-income development. If the local government has requested due diligence information, the seller has 5 days to provide the information to the local government and the local government then has 14 days to make an offer or waive its right of first offer. If a response is not provided in this period, the right of first offer is deemed waived. The seller has 14 days to accept or reject the local government's offer, and, if the seller does not provide notice, the offer is deemed rejected. If the seller accepts the offer, the parties have 30 days to negotiate and execute a contract for the purchase of the property and then 60 days to close on the transaction, unless both parties agree to other terms. In exercising its right of first refusal or first offer, the local government may partner with certain other entities for the financing of the transaction and may also assign either right with respect to all applicable properties in the local government's jurisdiction or with respect to a single property to certain other entities that are then subject to all the rights and requirements of the local government in exercising either right. The act allows certain sales of property to be exempt from the right of first offer or from both the right of first refusal and the right of first offer. Upon completion of the requirements of the seller for the right of first refusal and for the right of first offer, the local government, or its assignee if it has assigned either right, is required to execute and record a certificate of compliance stating that the seller has complied with all applicable provisions for the right of first refusal or right of first offer. The act also requires the attorney general's office to enforce the provisions of the act and grants the attorney general's office, the local government, or a local government's assignee standing to bring a civil action for violations of the right of first refusal or first offer established by the act. If a court finds that a seller has materially violated the law with respect to the right of first refusal or first offer, respectively, the court must award a statutory penalty of not less than $10,000 for a first offense and not less than $30,000 for any subsequent offenses but the court cannot award a statutory penalty that is more than $100,000. APPROVED by Governor May 30, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
The act appropriates the following amounts for the 2024-25 state fiscal year from the Colorado water conservation board (CWCB) construction fund to the CWCB or the division of water resources in the department of natural resources for the following projects: Continuation of the satellite monitoring system, $380,000 (section 1 of the act); Continuation of the floodplain map modernization program, $1,000,000 (section 2); Continuation of the weather modification permitting program, $500,000 (section 3); Continuation of the Colorado Mesonet project, $200,000 (section 5); Continuation of the water forecasting partnership project, $2,000,000 (section 6); Support of modeling and data analyses for the upper Colorado river commission's development of operational guidelines for Lake Powell and Lake Mead, $500,000 (section 7); Support for the division of water resources' statewide diversion telemetry project, $1,827,500 (section 8); Support of a study update and scenario analyses for groundwater resource goals for the southern high plains designated groundwater basin, $250,000 (section 9); and Support for projects that support drought planning and mitigation, $4,000,000 (section 11). Section 4 directs the state treasurer to transfer up to $2,000,000 from the CWCB construction fund to the CWCB litigation fund on July 1, 2024. The CWCB is authorized to make loans from the severance tax perpetual base fund or the CWCB construction fund: In an amount up to $155,650,000 to the Windy Gap firming project (section 12); and In an amount up to $101,000,000 to the northern integrated supply project water activity enterprise owned by the northern Colorado water conservancy district to develop a new regional water supply project (section 13). Section 10 directs the state treasurer to transfer $2,000,000 on July 1, 2024, from the CWCB construction fund to the turf replacement fund to finance the state turf replacement program. Section 14 directs the state treasurer to transfer $20,000,000 on July 1, 2024, from the severance tax perpetual base fund to the CWCB construction fund for the purchase and sale agreement between the Colorado river water conservation district and the public service company of Colorado for the purchase of the water rights associated with the Shoshone power plant. Section 15 appropriates $23,300,000 from the water plan implementation cash fund to the CWCB to fund grants that will help implement the state water plan. Sections 16 and 17 amend current law, under which the state treasurer is directed to make 2 transfers of $2.5 million each from the economic recovery and relief cash fund to the CWCB construction fund. Under current law, the CWCB is required to use the $2.5 million from one of the transfers for the direct and indirect costs of providing assistance to political subdivisions and other entities applying for federal "Infrastructure Investment and Jobs Act" money and other federally available money related to water funding opportunities (water funding purposes). The CWCB is required to use the $2.5 million from the other transfer for issuing grants to political subdivisions of the state or other entities for the hiring of temporary employees, contractors, or both that will assist those political subdivisions and other entities in applying for federal "Infrastructure Investment and Jobs Act" money and other federally available money related to natural resource management (natural resource management purposes). Sections 16 and 17 amend current law by allowing the CWCB, on or after July 1, 2024, to expend money from either of the 2 transfers for either the water funding purposes or the natural resource management purposes. APPROVED by Governor May 29, 2024 EFFECTIVE May 29, 2024(Note: This summary applies to this bill as enacted.)
Section 2 of the act allows the owner of a decreed storage water right to loan water to the Colorado water conservation board (board) to preserve or improve the natural environment to a reasonable degree for a stream reach for which the board does not hold a decreed instream flow water right. Current law requires the board to establish an agricultural water protection program for water divisions 1 and 2. Section 3 changes current law by requiring the board to establish an agricultural water protection program in each water division. Current law allows periods of nonuse of a water right to be tolled in certain circumstances for the purposes of determining whether a water right is abandoned. Section 4 changes current law by allowing a water right to be tolled for the duration that an electric utility that owns a water right in water division 6 decreases use of, or does not use, the water right if the decrease in use or nonuse occurs during the period beginning January 1, 2020, and ending December 31, 2050, and if the water right is owned by the electric utility since January 1, 2019 (abandonment exception). Current law requires an owner of a conditional water right to obtain a finding of reasonable diligence or the conditional water right is considered abandoned. Section 5 allows the water judge, in considering a finding of reasonable diligence for a conditional water right that is owned by an electric utility in water division 6 since January 2019, to consider the following as supporting evidence: The conditional water right may be used to support a specific project or potential future generation technologies or concepts that have the potential to advance progress toward Colorado's clean energy and greenhouse gas emission reduction goals; and The electric utility or another entity has made efforts to investigate or research the viability of future generation technologies that have the potential to advance progress toward Colorado's clean energy and greenhouse gas emission reduction goals. In determining the amount of historical consumptive use for a water right, a water judge is prohibited from considering certain specified uses. Section 6 prohibits the water judge from considering the decrease in use or nonuse of a water right owned by an electric utility in water division 6 since January 1, 2019, which decrease in use or nonuse occurs during the period beginning January 1, 2019, and ending December 31, 2050, in determining the amount of historical consumptive use (historical consumptive use protection). If the water right is leased or loaned by the electric utility to a third party, the water right is not entitled to historical consumptive use protection for the period the water right is subject to the lease or loan. To qualify for historical consumption use protection or the abandonment exception, an electric utility that manages all units of a generating station in water division 6 must file with the water division 6 water court an application seeking quantification of historical consumptive use for the absolute direct flow water rights serving the generating station. The application is a claim for a determination of a water right, and the water division 6 water court has jurisdiction to determine the historical consumptive use for the absolute direct flow water rights serving the generating station. Current law allows the board to approve certain grants related to water conservation and requires the board to establish criteria to require the grant applicant to provide matching funds of at least 25%. Section 8 requires the board to reduce or waive fund matching requirements in the case of a grant to the Ute Mountain Ute Tribe or the Southern Ute Indian Tribe. APPROVED by Governor May 29, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
The act creates 3 new programs to be implemented and administered by the division of housing in the department of local affairs (division). The division is required to adopt policies, procedures, and guidelines for each program on or before November 1, 2024; except that, if there is insufficient funding before July 1, 2025 to implement and administer the child care facility development capital grant program, then the division is required to adopt policies, procedures, and guidelines for this program on or before November 1, 2025. For each program, consultation between the division and the department of early childhood is required for the policies the division develops and adopts to implement the programs. Additionally, the division is required to publish on its website and submit an annual report regarding the programs to specified legislative committees and to the department of early childhood. The child care facility development toolkit and technical assistance program is created to provide technical assistance from consultants and related professionals to enable interested child care providers, developers, employers, public schools, institutions of higher education, and local governments to understand the technical aspects of planning, developing, building, and co-locating child care facilities. The division must prioritize applications for projects that will meet a demonstrable need for child care in the areas of greatest need across the state and that satisfy one or more purposes of the program. The division's annual report must contain information regarding the assistance provided under this program and the uses of such assistance by program recipients. This program is available until July 1, 2028. The child care facility development planning grant program is created to incentivize and support local governments in identifying and making regulatory updates or improvements to community planning, development, building, zoning, and other regulatory processes to support the development of child care facilities. The division must develop a menu of recommended policy or regulatory tools, and eligible recipients for the grant must intend to implement one or more of such tools off the menu or identify other local policies or programs to implement to streamline the eligible recipient's regulatory environment for the development of child care facilities. The division's annual report must contain information regarding the amount of grants distributed and a description of recipients' use of the grants. This program is available until July 1, 2028. The child care facility development capital grant program is created to provide eligible entities, which are local governments, public schools, institutions of higher education, or public-private partnerships, with money to support the development of licensed child care and to construct, remodel, renovate, or retrofit a child care facility to meet a demonstrated need for child care in an eligible entity's community. The division shall utilize the state housing board within the division to review and make recommendations on grant applications. Grant recipients are required to provide a financial match. The financial match required from a grant recipient is 50% for a center-based facility and 25% for a home-based facility. More weight is given to applications that represent geographic diversity, will serve a high percentage of families below the area's median income, commit to providing a well-compensated staff, co-locate with or repurpose facilities with other uses, plan to serve children in regions with low child care capacity, or plan to serve infants and toddlers. The division's annual report must contain information regarding the amount of grants distributed and a description of recipients' use of the grants. The act also creates the child care facility development cash fund (fund) for use by the division to administer and implement the 3 programs and to make grants under the child care facility development planning grant program and the child care facility development capital grant program. On August 15, 2024, the state treasurer shall transfer $250,000 from the general fund to the fund. The money from the transfer must be used before June 30, 2025, to implement the child care facility development toolkit and technical assistance program and the child care facility development planning grant program, and the division must prioritize money first for the toolkit and technical assistance program. Then, after June 30, 2025 but before June 30, 2028, money from the transfer can be used for all 3 programs, and after July 1, 2028, but before June 30, 2029, money from the transfer may be used for the child care facility development capital grant program. Additionally, the division may receive gifts, grants, or donations to implement and administer and make grants under the child care facility development capital grant program. The division may also use $70,000 from the general fund transfer for administrative costs. For the 2024-25 state fiscal year, the act appropriates $250,000 from the child care facility development cash fund to the department of local affairs for child care facility development. APPROVED by Governor May 29, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
The act makes 2 principal changes to current firefighter benefit programs. First, the act expands state funding for the firefighter heart and circulatory malfunction benefits program to include part-time and volunteer firefighters. Second, the act provides state funding for the firefighter cancer benefits program for eligible firefighters. The act requires an employer of a covered individual to provide access to specified heart and circulatory malfunction benefits to part-time and volunteer firefighters in addition to full-time firefighters and the employer is reimbursed by the state for providing the benefits. The requirement that an employer provide these benefits becomes voluntary if funding is insufficient. The act requires an employer of an eligible firefighter to participate in a cancer trust for firefighter benefits, but specifies that if funding to reimburse the employer is insufficient, participation in the trust becomes optional. The act also requires an employer to participate in a funded trust to provide cardiovascular screenings, at a minimum, and other health screenings and prevention, as practicable, to peace officers. The trust is reimbursed by the state for providing the benefits, and if funding to reimburse the trust is insufficient, then the requirement for employers to provide the specified program is optional. The general assembly is required to appropriate money from the general fund to the department of local affairs to reduce employer contributions for volunteer and part-time firefighters in the following amounts: $300,000 for state fiscal year 2024-25; 500,000 for state fiscal year 2025-26; 650,000 for state fiscal year 2026-27; and $1,000,000 for state fiscal year 2027-28. In addition, on July 1, 2028, the state treasurer is required to transfer $2,500,000 from the general fund to the firefighter benefits cash fund and to transfer sufficient funds, subject to annual appropriation, on each July 1 thereafter, to reimburse employers for the direct costs of providing the benefits for volunteer and part-time firefighters under the firefighter heart and circulatory malfunction benefits program. The general assembly is required to appropriate money from the general fund to the division of criminal justice in the department of public safety for reimbursing a multiple employer health trust for providing cardiovascular screenings for peace officers in the following amounts: $200,000 for state fiscal year 2024-25; 250,000 for state fiscal year 2025-26; 350,000 for state fiscal year 2026-27; $500,000 for state fiscal year 2027-28; and $1,000,000 for state fiscal year 2028-29. For state fiscal year 2024-25, the act appropriates $300,000 from the general fund to the department of local affairs for use by the division of local government for firefighter heart and circulatory malfunction benefits and $200,000 from the general fund to the department of public safety for use by the division of criminal justice for cardiovascular screenings for peace officers. APPROVED by Governor May 29, 2024 EFFECTIVE May 29, 2024(Note: This summary applies to this bill as enacted.)
Under current law, a board of county commissioners or governing body of a municipality (local government) may authorize the use of graywater within its jurisdiction. Graywater refers to certain types of wastewater that is collected from fixtures before it is treated and put to certain beneficial uses. The act authorizes the installation of graywater treatment works in new construction projects and the use of graywater statewide; except that a local government: May adopt an ordinance or a resolution prohibiting the installation of graywater treatment works or the use of all graywater or categories of graywater use within its jurisdiction; and Shall notify the division of administration in the department of public health and environment of any such local ordinance or resolution adopted and of any local ordinance or resolution adopted that authorizes a use of graywater previously prohibited. APPROVED by Governor May 29, 2024 EFFECTIVE January 1, 2026(Note: This summary applies to this bill as enacted.)
A coal transition community is a Colorado municipality, county, or region where a Colorado coal-fueled electrical power generating plant that was in operation at any time in 2017, a Colorado coal mine that was actively producing at any time in 2017, or a center for the manufacturing or transportation supply chain of such a plant or coal mine was or is located. Section 2 of the act expands the duties of the rural opportunity office in relation to coal transition communities by requiring the rural opportunity office, in coordination with county commissioners, municipal officials, local chambers of commerce and economic development organizations, institutions of higher education, private industry, and any local organizations dedicated to increased rail usage, to pursue opportunities for new, early stage, and existing businesses and support business and industry development and economic diversification in coordination with workforce training opportunities and existing state and federal programs that are designed for coal transition communities. Section 3 prohibits contracts for the right to use the Moffat tunnel for more than 99 years. Section 4 allows the department of local affairs to convey or transfer ownership of all tangible property, real and personal, or any interest in property owned by the Moffat tunnel improvement district for less than fair market value if the department of local affairs finds that such a conveyance and transfer is in the public interest. Section 5 creates 2 income tax credits. The first income tax credit is a fully refundable income tax credit (freight tax credit). The freight tax credit incentivizes taxpayers to incur costs in the use of freight rail transportation of freight that either originates or terminates at a business located in a coal transition community and on a rail line in this state that the department of transportation has determined is at risk of inactivity or abandonment due to a lack of demand resulting from coal transition (relevant costs). The Colorado office of economic development (office) administers the freight tax credit and may annually reserve up to $5 million worth of tax credits on or after January 1, 2025, but prior to January 1, 2036. A taxpayer must apply to the office for the reservation of the freight tax credit. After the office reserves the freight tax credit for a taxpayer, the office may issue the taxpayer a tax credit certificate in an amount equal to 75% of the relevant costs both stated in the taxpayer's tax credit application and incurred by the taxpayer. The second income tax credit created in section 5 is also a fully refundable income tax credit (operator tax credit). The operator tax credit incentivizes railroad operators to maintain rail line access to coal transition communities. For income tax years 2027 through 2037, a common carrier engaged in the transportation of freight on a rail line designated by the department of transportation (department) as a "qualified rail line" is allowed a credit in an amount stated in a tax credit certificate issued by the department. The amount in a tax credit certificate must not exceed 75% of the direct operating and capital improvements necessary to maintain or improve a qualified rail line as stated in the taxpayer's tax credit application and incurred by the taxpayer. The department is required to designate a rail line as a qualified rail line if the department determines that the rail line is at risk of inactivity or abandonment and is covered by an access agreement for passenger rail access. A taxpayer must apply to the department for the issuance of an operator tax credit certificate. The department may annually issue up to $5 million of operator tax credits. The operator tax credit is subject to recapture if the taxpayer does not meet one or more of the service criteria specified in an access agreement for the qualified rail line. Current law establishes a number of criteria for any municipality, county, or group of contiguous municipalities or counties to propose an area of such municipality, county, or group of municipalities or counties to be designated as an enterprise zone. Section 6 allows an area that is both a rural area and a tier one transition community, as defined by law, to be proposed as an enterprise zone. A business in an enhanced rural enterprise zone can earn a tax credit for hiring new employees. Section 7 designates the portion of any county that is a tier one transition community as an enhanced rural enterprise zone. APPROVED by Governor May 29, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
Beginning July 1, 2025, the act requires the department of health care policy and financing (state department) to provide reimbursement to certain medicaid members (member) for the use of telehealth remote monitoring for outpatient services. The department shall initiate a stakeholder process to determine the billing structure prior to providing reimbursement. The act creates the telehealth remote monitoring grant program to provide grants to outpatient health-care facilities located in a designated rural county or designated provider shortage area to assist with the costs of providing telehealth remote monitoring for outpatient clinical services. The state department may award up to five grants worth $100,000 each. Beginning November 1, 2025, the act requires the state department to provide coverage for continuous glucose monitors to medicaid medical and pharmacy benefit members. For the 2024-25 state fiscal year, the act appropriates $34,128 to the department of health care policy and financing to implement this act. APPROVED by Governor May 29, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
The act continues the rural jump-start zone grant program (grant program) until July 1, 2025, and the grant money in the rural jump-start grant fund account reverts to the general fund on June 30, 2025. The act changes the total allowable administrative cost of the grant program from $100,000 per fiscal year to $300,000 total for the sum of all fiscal years that the grant program is in effect. The new business income tax credit and the new hire income tax credit, which are benefits under the grant program, are extended for 5 years and are available for income tax years commencing before January 1, 2031. The act prohibits the Colorado office of economic development (office) from approving more than 3 rural jump-start zones in counties with populations of less than 100,000 in any year. The number of credit certificates that the office may issue in each approved rural jump-start zone in one income tax year for all new hires employed by all new businesses is increased from 300 to 600 for businesses that are in one of the 14 industries that the office targets for economic development in the state. The act appropriates $873,304 from the rural jump-start zone grant fund account to the office of the governor for use by economic development programs. To implement the act, the office may use this appropriation for rural jump-start. APPROVED by Governor May 29, 2024 EFFECTIVE May 29, 2024(Note: This summary applies to this bill as enacted.)
The act requires the water quality control commission (commission) in the department of public health and environment (department) to promulgate rules by December 31, 2025, as necessary to implement a state dredge and fill discharge authorization program (program) and requires the division of administration (division) in the department to administer and enforce authorizations for activities that will result in discharges of dredged or fill material into state waters. The rules must focus on avoidance and minimization of adverse impacts and on compensation for unavoidable adverse impacts of dredge and fill activity (activity) and must incorporate the guidelines developed pursuant to section 404 (b)(1) of the federal "Clean Water Act", unless the commission determines, based on a demonstration at a public rule-making hearing, that the guidelines are not protecting state waters. The act specifies certain content that the commission must include in the rules and other content that the commission may include in the rules. The act establishes duties for the division in administering the program. The division must issue individual authorizations consistent with the rules promulgated by the commission. The division must act upon an application for an individual authorization within 2 years after receiving a complete application, although this period may be extended under certain circumstances. The division must issue general authorizations for the discharge of dredged or fill material into state waters from certain categories of activities that are similar in nature and have minimal individual and cumulative adverse impacts on state waters and the environment. Beginning January 1, 2025, until the rules are promulgated and the division issues general authorizations under the rules, the nationwide and regional general permits issued by the United States Army corps of engineers constitute valid authorizations to discharge dredged or fill material into state waters that are not subject to federal jurisdiction. As expeditiously as is prudent and feasible, the division must issue a statewide general authorization for discharges to isolated wetlands, isolated ponds and impoundments, and isolated ordinary highwater mark reaches (isolated state waters). The statewide general authorization to isolated state waters does not include certain state waters, must identify best management practices to protect isolated state waters, must not require preconstruction notification, and must not authorize a project where the entire project's unavoidable adverse impacts exceed one-tenth of an acre of wetlands or three-hundredths of an acre of streambed. The authorization term of the statewide general authorization for discharges to isolated state waters is 5 years. The division must include compensatory mitigation requirements in all individual authorizations and in general authorizations where the division determines that the proposed discharge of dredged or fill material will result in greater than one-tenth of an acre of unavoidable adverse impacts to wetlands or greater than three-hundredths of an acre of unavoidable impacts to streams. Compensatory mitigation must compensate for all functions of state waters that will be lost as a result of the authorized activity. The division must utilize the existing structure of preconstruction notifications in the nationwide and regional permits established by the United States Army corps of engineers, including general authorizations for categories of activities that do not require preconstruction notification. The division may include conditions in a notice of authorization, on a case-by-case basis, to clarify the terms and conditions of a general authorization or to ensure that an activity will have only minimal individual and cumulative adverse impacts on state waters. The division may establish guidance to assist in administering the program. The division may, to the extent resources allow, establish one or more staff positions in the western slope region of the state to assist with dredge and fill program administration in that geographic area. Until the rules become effective and the division issues general authorizations under the rules: The division's Clean Water Policy 17, "Enforcement of Unpermitted Discharges of Dredged and Fill Material into State Waters", continues to be effective; For certain activities, the division may issue temporary authorizations for the discharge of dredged or fill material into state waters; and Temporary authorizations must not exceed 2 years and must include conditions necessary to protect the public health and the environment and to meet the intent of the act. The act deems certain activities exempt and therefore does not require a discharge authorization for, or otherwise require regulation of, such activities. The act also excludes certain types of waters from the act's regulatory requirements. The act clarifies that "state waters" includes wetlands. For the 2024-25 state fiscal year and for each state fiscal year thereafter, if the total number of issued authorizations exceeds or is projected to exceed 110 authorizations, the department must seek a supplemental appropriation from the general assembly to pay the costs of processing the authorizations and to ensure that authorizations are processed in a timely manner. The act requires the commission to establish by rule on or before December 31, 2025, authorization fees for the program. Collected fees are credited to the existing clean water cash fund. In current law, with certain exceptions, an applicant for any water diversion, delivery, or storage facility that requires an application for a permit, license, or other approval from the United States must inform the Colorado water conservation board, the parks and wildlife commission, and the division of parks and wildlife of its application and submit a mitigation proposal. The act extends the same requirement to applicants for certain activities that require an individual authorization from the division. Current law requires the division to report annually to the general assembly concerning water quality control matters. The act requires the division to include in this annual report certain specific information concerning the implementation of the program. On a quarterly basis, the division must also report to the joint budget committee the number of individual dredge and fill authorizations and notices of authorization that the division projects to issue for the fiscal year. For the 2026-27 state fiscal year and for each state fiscal year thereafter, the state treasurer must transfer $248,304 from the general fund to the clean water cash fund. On July 1, 2024, the state treasurer must transfer $748,000 from the severance tax operational fund to the clean water cash fund for use by the department in administering the program. For the 2024-25 state fiscal year, the act appropriates $747,639 to the department from the clean water cash fund. Any money not expended prior to July 1, 2025, is further appropriated to the department for the 2025-26 state fiscal year. APPROVED by Governor May 29, 2024 EFFECTIVE May 29, 2024(Note: This summary applies to this bill as enacted.)
