The Colorado constitution states that a marriage is valid only if it is between one man and one woman. That provision has been unenforceable since the United States supreme court decision in Obergefell v. Hodges, 576 U.S. 644 (2015). The concurrent resolution repeals the provision.(Note: This summary applies to this concurrent resolution as adopted.)
Units that combust municipal solid waste (combustion units) that are in existence in the state on or before July 1, 2024, are eligible, pursuant to section 2 of the act, for a state incentive to conduct technological upgrades. Section 2 clarifies that, on and after January 1, 2025, combustion and combustion units do not meet certain environmental standards established by state law or rules. In addition, section 2 prohibits combustion units that target plastic as a feedstock from eligibility for any state incentives not granted or awarded, or that apply to income tax years, before January 1, 2025, with certain exceptions. Sections 3 and 4 clarify that a solid waste-to-energy incineration system includes pyrolysis and gasification processes. Section 5 changes current law to specify that synthetic gas produced by the pyrolysis of waste materials is not an eligible energy resource for the purpose of certain state-level renewable energy standards. Section 6 changes current law to specify that methane derived from the pyrolysis of municipal solid waste is not recovered methane that is a clean heat resource for the purpose of clean heat plans. VETOED by Governor May 17, 2024(Note: This summary applies to this bill as enacted.)
Section 2 of the act creates a state income tax credit for owners of aircraft that incur qualifying expenses to enable an aircraft that is powered by leaded aviation gasoline to be certified to instead be powered by unleaded aviation gasoline. Sections 3 and 6 provide explicit authority in the existing state aviation grant program for aviation fund grants: To general aviation airports and commercial airports at which there is significant general aviation activity to fund the design, engineering, construction, installation, acquisition, and inspection of infrastructure, including equipment, that allows the sale of unleaded aviation gasoline at such airports and to subsidize purchases of unleaded aviation gasoline at such airports; For airport noise monitoring devices; For evaluation, provision of education and technical assistance to airports about, prevention, or mitigation of adverse impacts to the health, safety, and welfare of individuals who reside or work near an airport; and At a time that electric aircraft technology has been appropriately certified by the federal aviation administration, for on-airport electric aircraft charging infrastructure. Section 6 also: Requires the lesser of 10% of the amount awarded in grants per year or $1,500,000 per year in grants to be designated for the aviation purposes of aiding and accelerating the transition from leaded aviation gasoline to unleaded aviation gasoline with priority given to airports with significant general aviation traffic in urban and suburban areas where surrounding communities may be disproportionately impacted by such traffic; and Subject to specified exceptions, prohibits grants from being awarded to an airport that is located in a densely populated residential area or has a significant number of flights over a densely populated residential area unless the airport or entity operating the airport demonstrates to the satisfaction of the aeronautics division of the department of transportation (division) that: By January 1, 2026, it has adopted a plan, in accordance with applicable federal requirements and guidance, for phasing out sales of leaded aviation gasoline at the airport by January 1, 2030; It has established, in consultation with flight schools and pilots that regularly use the airport, a voluntary noise abatement plan that meets specified requirements; and It complies with the requirements of any avigation easements or contracts that it has entered into. Section 4 adds to the division's duties: Working with the department of public health and environment (CDPHE) as it continues to provide data and information about the effects of leaded aviation fuel on human health to the department of transportation and airports; and Educating airports with significant general aviation activity, as determined by the division, regarding: The need to expedite the transition from leaded aviation gasoline to unleaded aviation gasoline; and Specified funding opportunities for projects and unleaded aviation gasoline subsidies, if offered by the division, that support the transition from leaded aviation gasoline to unleaded aviation gasoline and impose requirements for accessing that funding and, if offered, those subsidies. Section 5 increases the Colorado aeronautical board (board) from 7 to 9 voting members by requiring the appointment of 2 members who are residents of communities that are affected by general aviation airport traffic or traffic at a commercial airport at which there is significant general aviation activity and makes the executive director of CDPHE, or the executive director's designee, an ex officio nonvoting member of the board. In appointing the 2 new voting members, the governor is required to give priority to individuals who are not trained pilots, are familiar with airport infrastructure, aviation, and the mission of the board, and reside in a community that is significantly impacted by noise or lead emissions by a high-traffic airport with significant general aviation activity. The governor is also required to make appointments to the board so as to ensure a balance broadly representative of the activity level of airports throughout the state and further ensure that the racial, ethnic, and gender makeup of the board is representative of communities that are disproportionately impacted by general aviation airport traffic or traffic at a commercial airport at which there is significant general aviation activity. Section 7 requires the division to evaluate, educate, and provide technical assistance to airports about the adverse impacts of aircraft noise on health, safety, and welfare and requires the division to prioritize these activities at airports with significant general aviation activity that are located in densely populated residential areas or have a significant number of flights over such areas. Section 8 appropriates $44,609 from the general fund to the department of revenue and reappropriates $2,591 of the appropriation to the department of personnel for implementation of the act. APPROVED by Governor May 17, 2024 EFFECTIVE May 17, 2024(Note: This summary applies to this bill as enacted.)
To facilitate the addition of an extra week between the secretary of state's deadline to certify ballot order and content pursuant to law and election officials' deadline to transmit ballots pursuant to the federal "Uniformed and Overseas Citizens Absentee Voting Act", the act submits a constitutional amendment to the voters of the state at the 2024 general election that will, if approved: Change the date by which initiative petitions must be filed with the secretary of state from at least 3 months before the general election at which they are to be voted on to at least 3 months and one week before that election; Change the date by which referendum petitions must be filed with the secretary of state from not more than 90 days after the final adjournment of the session of the general assembly that enacted the act on which the referendum is demanded to not more than 83 days after the final adjournment of that session; Change the date by which the nonpartisan research staff of the general assembly shall publish the text and title of every measure from at least 15 days prior to the final date of voter registration for the election to 45 days before the election; and Change the period during which a justice of the supreme court or a judge of any other court must file with the secretary of state a declaration of intent to run for another term from not more than 6 months or less than 3 months prior to the general election before the expiration of the judge's term to not more than 6 months and one week or less than 3 months and one week before that general election.(Note: This summary applies to this concurrent resolution as adopted.)
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.)
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.)
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.)
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.)
For the treatment of cancer or a life-threatening disease or for the treatment of a symptom, complication, or consequence of cancer or a life-threatening disease, the act prohibits a carrier, with respect to a health benefit plan issued on or after January 1, 2025, from: Requiring a provider-administered drug to be dispensed only by specific network pharmacies; If a provider-administered drug is otherwise covered by the carrier for the covered person, limiting or excluding coverage for the drug based on the covered person's choice of participating provider; Requiring a participating provider to bill for or be reimbursed for the delivery and administration of a provider-administered drug under the pharmacy benefit instead of the medical benefit without informed, written consent of the covered person and written attestation by the covered person's participating provider that a delay in the drug's administration will not place the covered person at an increased health risk; or Requiring a covered person to pay additional fees, copayments, or coinsurance based on the covered person's choice of pharmacy. The act also requires the reimbursement rate for covered provider-administered drugs to be at the carrier's in-network negotiated rate for participating providers. The act appropriates $7,333 to the department of regulatory agencies for use by the division of insurance from the division of insurance cash fund to implement the act. VETOED by Governor May 17, 2024(Note: This summary applies to this bill as enacted.)
A "youth sports organization" is a private for-profit or not-for-profit organization that, as part of its core function, provides persons who are under 18 years of age the opportunity to participate in scheduled competitive or recreational sporting activities, whether individually or as a team. "Youth sports organization" does not include a neighborhood youth organization, a K-12 school, a licensed child care facility, an institution of higher education, or an organization that provides walk-in-basis sporting activities. A youth sports organization and local government that provides youth athletic activities is required to have at least one adult who possesses a current first aid and CPR/AED education certification present at each youth athletic activity. All youth sports organization coaches who work directly with youth members, and any chaperone who accompanies the youth sports organization on any trip that includes one or more overnight stays, must obtain a criminal history record check prior to employment or approval as a chaperone, and if the coach or chaperone lived outside the U.S. for more than 180 days since the coach's or chaperone's last criminal history record check, the person shall also obtain an international criminal history record check. A volunteer who is not acting in the capacity of a coach or manager and who only occasionally assists with the youth sports organization is not required to obtain a criminal history record check. A youth sports organization shall not hire a person as a coach or approve a person as a chaperone and shall terminate a coach or revoke the approval for a chaperone if a criminal history record check shows that the person has been convicted of felony child abuse, a felony offense involving unlawful sexual behavior, a crime of violence, or any comparable offense committed in another state. A person who takes part in the activities of a youth sports organization but who is not required to obtain a criminal history record check pursuant to this section or is unable to obtain a criminal history record check must at all times be supervised by a person who has been hired or approved after obtaining a criminal history record check. The act requires a local government that provides a youth athletic activity to comply with the criminal history record check requirements. The act creates a cause of action for failing to conduct a background check. A local government offering a local government-sponsored youth athletic activity may charge a person any fees for the required criminal history record check. Information obtained by a local government through the criminal history record check is not subject to the open records act. VETOED by Governor May 17, 2024(Note: This summary applies to this bill as enacted.)
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.)
The act requires a school district board of education, a charter school, an institute charter school, a board of cooperative services, or the Colorado school for the deaf and the blind (local education provider) to satisfy certain requirements concerning installation, inspection, and maintenance of heating, ventilation, and air conditioning (HVAC) systems in schools if the local education provider undertakes HVAC infrastructure improvements using money made available by a federal government source or by a federal government source in combination with a state government source specifically for such purpose. The requirements established in the act concern: Ventilation verification assessments, which include assessments of an HVAC system's filtration, ventilation exhaust, economizers, demand control ventilation, air distribution and building pressurization, general maintenance requirements, operational controls, and carbon dioxide output; The preparation of HVAC assessment reports; The review of HVAC assessment reports by mechanical engineers, who make recommendations regarding necessary repairs and improvements and estimate associated costs; HVAC adjustments, repairs, upgrades, and replacements; The preparation of HVAC verification reports and the submission of the reports to the department of education; and Periodic inspections and ongoing maintenance. The act establishes mandatory criteria that an HVAC contractor must satisfy in order to perform work described in the act. A local education provider that undertakes HVAC infrastructure improvements using money made available by a federal government source or by a federal government source in combination with a state government source must: Obtain and make use of the certified contractor list established by the department of labor and employment; and Employ only contractors on the certified contractor list or certain other contractors to perform the HVAC improvements. The act allows a local education provider to apply for grants to pay for HVAC infrastructure improvement projects and establishes requirements for local education providers that apply for grants from federal and state government sources. The act requires the governor's office to use existing resources funded by the "Infrastructure Investment and Jobs Act" cash fund to provide grant writing support, administrative support, and project planning to local education providers that undertake HVAC infrastructure improvement projects. The governor's office must submit a report to the joint budget committee and the capital development committee concerning the number of applicants for matching funds from local education providers reviewed by the office before October 2, 2025. The report must include the amount of requested matching funds, the recommended amount of matching funds, and an explanation for the difference, if any, between the requested amounts and the recommended amounts. VETOED by Governor May 17, 2024(Note: This summary applies to this bill as enacted.)
