Section 5 of the act prohibits a person, on or after January 1, 2024, from tampering with a motor vehicle's emission control system, conveying or offering to convey a motor vehicle with an emission control system that has been tampered with, or operating a motor vehicle with an emission control system that has been tampered with (anti-tampering provisions). Section 5 also: On and after July 1, 2025, provides a "safe harbor" from enforcement of the anti-tampering provisions for a period up to one year for a person that self-reports noncompliance with the anti-tampering provisions; Authorizes the air quality control commission to adopt rules as necessary to implement the anti-tampering provisions; Exempts motorcycles from the anti-tampering provisions; and Authorizes the department of public health and environment, on or before January 1, 2025, and on or before January 1 of each year thereafter, to report to the legislative committees that hear energy matters a summary of the complaints filed, enforcement actions taken, and penalties assessed for violations of the anti-tampering provisions. Section 1 authorizes the attorney general to bring a civil action to enforce the anti-tampering provisions, and sections 3 and 4 establish penalties for the anti-tampering provisions. Section 3 requires penalties collected to be credited to the catalytic converter identification and theft prevention grant program cash fund (fund), which fund is created in section 2 and is to be used for the catalytic converter identification and theft prevention grant program created in House Bill 22-1217, concerning measures to prevent catalytic converter theft, if that bill becomes law. Sections 2 and 3 take effect only if House Bill 22-1217 becomes law. Alternatively, if House Bill 22-1217 does not become law, section 4 takes effect and requires penalties collected to be credited to the AIR account in the highway users tax fund for the administration of the automobile inspection and readjustment program. Section 6 makes nonsubstantive changes to the definition of "motor vehicle". Section 7 extends the period during which a motor vehicle dealer remains liable to a consumer for a recently purchased motor vehicle's compliance with emissions standards from 3 business days after purchase to 5 business days after purchase. Section 8 authorizes the department of revenue to deny, suspend, or revoke a motor vehicle dealer's, wholesale motor vehicle auction dealer's, wholesaler's, buyer agent's, or used motor vehicle dealer's license for selling to a retail customer a motor vehicle that is not equipped with a properly functioning emission control system. (Note: This summary applies to this bill as enacted.)
In addition to the protection and security services currently provided to members of the general assembly by the Colorado state patrol, the Colorado state patrol is authorized to provide other protection and security services to a member of the general assembly as requested by the executive committee of the legislative council and as deemed necessary by the chief of the Colorado state patrol. The executive committee of the legislative council is required to establish a process by which a member of the general assembly may request other protection and security services from the Colorado state patrol. The Colorado state patrol is required to ensure that members of the general assembly are aware of the protection and security services that may be requested from the Colorado state patrol. The Colorado state patrol is required to provide protection and security services to the secretary of state, attorney general, and state treasurer (statewide constitutional officers) upon request of the statewide constitutional officer. The Colorado state patrol is required to designate state patrol officers to be available to provide protection services to statewide constitutional officers and the chief of the Colorado state patrol is required to determine the priority in assigning state patrol officers among each statewide constitutional officer. The act specifies that it is not intended to provide around-the-clock protection for a statewide constitutional officer unless there is a credible threat as determined in the discretion of the chief of the Colorado state patrol. For the 2022-23 state fiscal year, $1,115,090 is appropriated to the department of public safety from the general fund to implement the act. (Note: This summary applies to this bill as enacted.)
The act: Requires the water quality control commission (commission) to conduct outreach and gather input from disproportionately impacted communities regarding the commission's rule-making proceedings, licensing proceedings, and adjudicatory hearings (section 1 of the act); Requires the commission to utilize the criteria promulgated by rule by the commission in designating waters as use-protected (section 2); and Creates a 5-year statute of limitations for bringing actions alleging violations of the "Colorado Water Quality Control Act" (water quality control act) or any rules or orders under the water quality control act (section 3).(Note: This summary applies to this bill as enacted.)
No later than June 30, 2023, the act requires the department of health care policy and financing (state department), in conjunction with the department of public health and environment, to develop a regulatory plan to establish formal oversight requirements for the program of all-inclusive care for the elderly (PACE). No later than March 1, 2024, the act requires the state department to establish, administer, and enforce minimum regulatory standards and rules for the PACE program. The act requires the state department to continually analyze the reimbursement methodology for PACE entities and provide an update to specified committees of the general assembly of any methodology requirements that incorporate encounter data and any associated costs to the state department in overseeing PACE entities. (Note: This summary applies to this bill as enacted.)
Subject to the limitations in state and federal law and state or local public health orders, the act specifies that a patient or resident of a hospital, a nursing care facility, or an assisted living residence (collectively referred to as "health-care facility") may have at least one visitor of the patient's or resident's choosing during the stay or residency. A health-care facility is required to have written policies and procedures that are consistent with state and federal law regarding the visitation rights of patients and residents, including policies and procedures setting forth any necessary or reasonable restriction or limitation to ensure the health and safety of patients, staff, or visitors that the health-care facility may need to place on patient and resident visitation rights and the reasons for the restriction or limitation. The act allows a health-care facility to impose specific requirements on visitors during a period when the risk of transmission of a communicable disease is heightened, including the requirement to wear medical masks or other protective equipment and be screened or tested for a communicable disease. A health-care facility may impose visitation restrictions for a patient or resident with a communicable disease who is isolated. $45,409 is appropriated from the general fund to the department of public health and environment for use by the health facilities and emergency medical services division for the nursing and acute care facility survey. (Note: This summary applies to this bill as enacted.)
The act requires each student identification card issued to a public school student to contain the phone number, website, and text talk number for the 24-hour telephone crisis service center (Colorado crisis services) and Safe2Tell. If the school does not issue identification cards, the school shall request and display outreach materials from Colorado crisis services and send that information to parents and guardians at the beginning of each school year. The act requires the department of human services (department) to notify each public and private school in the state about services provided by the behavioral health crisis response system and the possibility of peer-to-peer counseling as part of the offered services. The department shall provide behavioral health crisis response system awareness and educational materials to each public and private school in the state. $267,065 is appropriated from the general fund to the department of human services for use by the behavioral health administration to implement the act. (Note: This summary applies to this bill as enacted.)
The act states that if the United States food and drug administration approves a prescription medicine that contains 3,4-methylenedioxymethamphetamine (MDMA), and if that medicine has been placed on a schedule of the federal "Controlled Substances Act", other than schedule I, or has been exempted from one or more provisions of such act, then thereafter prescribing, dispensing, transporting, possessing, and using that prescription drug is legal in Colorado only if the medicine is possessed by a person authorized to legally possess such a controlled substance in Colorado. (Note: This summary applies to this bill as enacted.)
Current law declares that a covenant not to compete that restricts the right of any person to receive compensation for performance of labor for any employer is void, with certain exceptions. The act adds exceptions for: A covenant not to compete governing a person who, at the time the covenant not to compete is entered into and at the time it is enforced, earns an amount of annualized cash compensation equivalent to or greater than the threshold amount for highly compensated workers, if the covenant not to compete is for the protection of trade secrets and is no broader than is reasonably necessary to protect the employer's legitimate interest in protecting trade secrets; and A covenant not to solicit customers governing a person who, at the time the covenant is entered into and at the time it is enforced, earns an amount of annualized cash compensation equivalent to or greater than sixty percent of the threshold amount for highly compensated workers if the nonsolicitation covenant is no broader than reasonably necessary to protect the employer's legitimate interest in protecting trade secrets. Additionally, if the employer provides proper notice of the covenant not to compete to the worker or prospective worker, the following covenants are not prohibited: A provision providing for recovery of the expense of educating and training a worker where the training is distinct from normal, on-the-job training, the employer's recovery is limited to the reasonable costs of the training and decreases over the course of the two years subsequent to the training proportionately based on the number of months that have passed since the completion of the training, and recovery for the costs of the training would not violate federal law; A reasonable confidentiality provision relevant to the employer's business that does not prohibit disclosure of information that arises from the worker's general training, knowledge, skill, or experience, whether gained on the job or otherwise, information that is readily ascertainable to the public, or information that a worker otherwise has a right to disclose as legally protected conduct; A covenant for the purchase and sale of a business or the assets of a business; or A provision requiring the repayment of a scholarship provided to an individual working in an apprenticeship if the individual fails to comply with the conditions of the scholarship agreement. The act prohibits an employer from entering into, presenting to a worker or prospective worker as a term of employment, or attempting to enforce any covenant not to compete that is void under the act. An employer who violates this provision is subject to a penalty of $5,000 for each worker or prospective worker, injunctive relief, and actual damages. In a private right of action, an employer may also be required to pay reasonable costs and attorney fees. (Note: This summary applies to this bill as enacted.)
The act clarifies provisions in the "Workers' Compensation Act of Colorado" (workers' compensation act) relating to the release and disclosure of mental health records pertaining to an injured employee making a claim under the workers' compensation act (claimant). The act: Defines "mental health records" psychological or psychiatric tests, including neuropsychological testing; other records prepared by or for a mental health provider; independent medical examination records, audio recordings, and reports that address psychological or psychiatric issues; division independent medical evaluation records and reports that address psychological or psychiatric issues; and records relating to the evaluation, diagnosis, or treatment of a substance use or abuse disorder; Requires a mental health provider to provide an insurer or employer, if self-insured, with mental health records, as necessary for payment, adjustment, and adjudication of claims involving psychological or psychiatric issues; to the employer, as necessary, to enable to employer to comply with applicable state and federal laws, rules, and regulations; and to the referring physician and any other relevant treating or evaluating providers; Prohibits the disclosure of mental health records to any person who is not reasonably necessary for the medical evaluation, adjustment, or adjudication of claims involving psychological or psychiatric issues, unless otherwise directed by order of the director of the division of workers' compensation (director) or an administrative law judge; Permits an insurer to release information from a claimant's mental health records to the claimant's employer concerning work restrictions and information necessary for the adjustment or adjudication of the claim, but prohibits the disclosure of the claimant's actual mental health records to third parties that do not need the information; and For a self-insured employer: Requires the employer to keep a claimant's mental health records separate from personnel files; Limits disclosure of the claimant's mental health records to a supervisor or manager to only information from the mental health records pertaining to work restrictions placed on the claimant; and Prohibits disclosure of the claimant's mental health records to any third party and redisclosure by the third party to any person who is not directly involved in adjusting or adjudicating claims involving psychological or psychiatric issues, unless the disclosure is otherwise ordered by the director or an administrative law judge. The act authorizes the director to promulgate rules necessary for the implementation of the act. The act requires a person providing mental health services under the workers' compensation act to be a licensed mental health provider. (Note: This summary applies to this bill as enacted.)
The act permits a person whose driver's license has been revoked for one year or more because of a conviction for DUI, DUI per se, DWAI, or excess BAC, or for 9 months for a first offense, to immediately apply for an early license reinstatement with an interlock-restricted license. The act requires at least 90 days of continuous alcohol monitoring for a person sentenced to probation following a third or subsequent offense, or a felony offense, for DUI, DUI per se, or DWAI. The act adds an exception for any continuous alcohol monitoring if the court finds that ordering monitoring would not be in the interest of justice or if the person's residence is in an area where the person cannot reasonably acquire a monitoring device. The act requires the judicial district's probation department to pay the costs of continuous alcohol monitoring for a person who is unable to pay and clarifies that money in the offender services fund can be used to pay those costs. The bill appropriates $517,292 from the offender services fund to the judicial department and $10,294 from the general fund to the department of revenue, which includes $1,386 reappropriated funds to the office of the governor for use by the office of information technology. (Note: This summary applies to this bill as enacted.)
The act requires that an owner or operator of a new wind-powered energy generation facility (facility) install light mitigating technology (technology) at the facility if vertical construction of the first wind turbine included in the facility begins on or after April 1, 2022, and the owner or operator is required to obtain a land-use permit from a local government or is an independent power producer. The act defines technology as a sensor-based system that is designed to detect approaching aircraft, that keeps the lights off when it is safe to do so, and that meets federal aviation administration (FAA) requirements. An owner or operator of a facility is responsible for obtaining FAA approval for the installation of approved technology and may request from the governing body of the local government an extension of time up to 24 months if the owner or operator can demonstrate that, despite its commercially reasonable efforts, the technology was not available within the time frame afforded. The board of county commissioners in the county in which a facility is located may adopt and enforce an ordinance or resolution to authorize the board to impose civil penalties of $1,000 per day against a facility owner or operator if the board determines that the owner or operator has failed to comply with the act. (Note: This summary applies to this bill as enacted.)
Sections 1 and 5 of the act authorize the director of the division of professions and occupations (division) in the department of regulatory agencies to appoint or employ individuals who are licensed or, if not licensed, who demonstrate substantial work experience in the electrical, plumbing, or construction industry to: Conduct compliance checks to ensure compliance with licensing and supervisor-to-apprentice ratio requirements applicable to electricians and plumbers on projects throughout the state; and Prioritize for compliance checks projects that provide or will provide critical needs to state residents. The act also: Specifies that only a homeowner performing work on the homeowner's home or a licensed master electrician or plumber who is either a registered electrical or plumbing contractor or directly employed by a registered electrical or plumbing contractor may apply for an electrical or a plumbing permit (sections 2 and 6); Prohibits a licensed master electrician or plumber who is not a registered electrical or plumbing contractor and who is working as an independent contractor from applying for an electrical or a plumbing permit (sections 2 and 6) and makes a violation of this prohibition specific grounds for discipline by the electrical or plumbing board, as applicable (sections 3 and 4); Requires the entity issuing the permit to verify that the applicant meets the qualifications to apply for the permit (sections 2 and 6); and Requires inspecting entity procedures to include a provision allowing the inspecting entity to request worker documentation indicating compliance with worker license requirements and the supervisor-to-apprentice ratio (sections 2 and 6). Section 7 of the act appropriates $191,991 for the 2022-23 state fiscal year from the division of professions and occupations cash fund to the department of regulatory agencies to implement the act, allocated as follows: $127,110 for use by the division for personal services, including 2.0 additional FTE; $45,847 for the division's operating expenses; and $19,034 for the purchase of vehicle lease services, which amount is reappropriated to the department of personnel to provide vehicle replacement lease/purchase services.(Note: This summary applies to this bill as enacted.)
