The act permits an institution of higher education (institution), or a group of institutions that is managed by a single governing board, that was designated as an enterprise by the institution's or facility's governing body as of January 1, 2021, and that subsequently disqualifies as an enterprise, to qualify and be redesignated as an enterprise without voter approval. The act permits an auxiliary facility, or group of auxiliary facilities with similar functions, that is managed by the governing body of an institution or by the board of directors of the Auraria higher education center that was designated as an enterprise by the institution's or facility's governing body as of January 1, 2021, and that subsequently disqualifies as an enterprise, to qualify and be redesignated as an enterprise without voter approval. The act prohibits a state enterprise that was qualified or created after January 1, 2021, from receiving more than $100,000,000 in revenue from fees and surcharges in its first 5 fiscal years unless approved at a statewide general election. The act repeals the requirement that an election be held based on an enterprise's projected revenue. If a state enterprise has collected $100,000,000 in fees and surcharges in its first 5 fiscal years prior to approval, the state enterprise must stop collecting fees and surcharges. The act clarifies that, for the purpose of applying the approval requirements, enterprises serve primarily the same purpose when they provide the same services in the same geographic area and that the first 5 fiscal years of a state enterprise for the purpose of calculating the $100,000,000 amount are the first 5 state fiscal years since the creation or first qualification of the enterprise. (Note: This summary applies to this bill as enacted.)
The act specifies that if property encumbered by a conservation easement in gross is condemned through an eminent domain proceeding, and, as a result of the condemnation, the condemning authority is acquiring such property free and clear of the conservation easement interest or subordinating the deed of conservation easement to such acquired property interest, just compensation must be determined based on the value of the property as if unencumbered by the conservation easement in gross. The compensation must be allocated between the fee owner and the holder of the conservation easement based upon the value of their respective interests in the property. (Note: This summary applies to this bill as enacted.)
The act instructs the commissioner of agriculture (commissioner) to create and deploy, on or before January 1, 2024, an online program that educates agricultural producers about blockchain technology. The commissioner will consult and cooperate with stakeholders to develop the online program, publicize the program, and encourage agricultural producers to participate in the program. To implement the act, $72,768 is appropriated from the general fund to the department of agriculture for use by the agricultural markets division. (Note: This summary applies to this bill as enacted.)
The act expands the definition of "earmark" for purposes of the "Fair Campaign Practices Act" to include contributions or expenditures greater than $1,000 to support or oppose a specified ballot issue or ballot question. The act also modifies the process to determine whether an organization is an issue committee to include an examination of the organization's pattern of conduct based upon whether the organization: During the combined period of the current calendar year and the preceding 2 calendar years, made either contributions to one or more statewide Colorado issue committees or direct ballot issue or ballot question expenditures, in either support of or opposition to one or more statewide Colorado ballot issues or ballot questions, that exceeded 30% of the total expenditures by the organization for any purpose and in any location during the entire preceding and current calendar years; During the combined period of the current calendar year and the preceding 2 calendar years, made either contributions to a single statewide Colorado issue committee or direct ballot issue or ballot question expenditures, in either support of or opposition to a single statewide Colorado ballot issue or ballot question, that exceeded 20% of the total expenditures by the organization for any purpose and in any location; or Acted as an issue committee's funding intermediary by making contributions to an issue committee from funds earmarked for the issue committee. Further, the act defines "direct ballot issue or ballot question expenditure" as direct spending in support of or opposition to any single ballot issue or ballot question by a person who does not otherwise meet the requirements of an issue committee. Contributions to an issue committee are not direct ballot issue or ballot question expenditures. Any person who expends $5,000 in aggregate in a calendar year on direct ballot issue or ballot question expenditures must report to the secretary of state, and any person who makes a direct ballot issue or ballot question expenditure must disclose their name in certain communications about a ballot issue or ballot question. For the 2021-22 state fiscal year, $30,000 is appropriated from the department of state cash fund to the department of state technology division for information technology personal services to implement the act. For the 2022-23 state fiscal year, $14,309 is appropriated from the department of state cash fund to the department of state election division for personal services, based on an assumption that the division will require an additional 0.3 FTE to implement the act. (Note: This summary applies to this bill as enacted.)
The bill modifies the following statutory provisions that apply to solar energy so that they also apply to geothermal energy: which generally is using the heat of the earth to generate electricity or to heat or cool space or water: Section 1 of the bill requires the Colorado energy office (office) to develop basic consumer education and guidance about leased or purchased geothermal or, if available, leased installation in consultation with industries that offer these options to consumers of a system that uses geothermal energy for water heating or space heating or cooling in a single building or for space heating for more than one building through a pipeline network; Sections 2, 6, and 8 limit the aggregate of all charges or other related or associated fees the state, a county, or a municipality may impose or assess to install a geothermal energy system, which means a system that uses geothermal energy for water heating or space heating or cooling in a single building, for space heating for more than one building through a pipeline network, or for electricity generation; Section 3 specifies that geothermal equipment is a type of pollution control equipment that the division of administration in the department of public health and environment may certify as pollution control equipment; Section 4 specifies that a "project" for purposes of the "County and Municipality Development Revenue Bond Act" includes capital improvements to existing single-family residential, multi-family residential, commercial, or industrial structures, to retrofit such structures for installation of geothermal improvements a system that uses geothermal energy for water heating or space heating or cooling in a single structure; Section 5 permits a county board of commissioners or a regional planning commission, and section 9 requires permits a municipal development commission, to include methods for assuring access to appropriate conditions for geothermal energy sources in a master plan for development; Section 7 specifies that the addition of a geothermal energy device to such building used as part of a system that uses geothermal energy for water heating or space heating or cooling to a building is not necessarily considered a structural alteration for purposes of continuing a nonconforming use of a building, structure, or land under a county zoning resolution; Section 10 permits the Colorado agricultural value-added development board to use some of the money in the agriculture value-added cash fund for geothermal energy generation facilities that are colocated with agricultural uses; Section 11 10 adds a geothermal energy device to the types of renewable energy generation devices that cannot be prohibited in legal instruments related to the transfer or sale of, or interest in, real property; Section 13 includes an independently owned geothermal energy system, which is defined in section 12 , in the property tax exemption for household furnishings; Section 14 11 creates community geothermal gardens, which are analogous to community solar gardens; except that a qualifying retail utility is permitted and not required to purchase electricity and renewable energy credits generated from one or more community geothermal gardens; and Sections 15 and 16 12 through 16 create conforming amendments to the definition of "qualified community location" to incorporate community geothermal gardens for purposes of local improvement districts and municipal special improvement districts to the creation of community geothermal gardens. Section 1 requires permits the office to update the greenhouse gas pollution reduction roadmap to expressly include geothermal energy as a renewable energy resource that qualifying retail utilities may use to achieve the electric utility sector greenhouse gas pollution reduction goals set forth in the roadmap. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The act allows the department of human services (department) to spend money appropriated to the department from the general fund in House Bill 22-1329 to expand career and technical education and vocational training programs in designated youth facilities for juveniles in the custody of the department. The act prevents an employer from requiring an applicant for employment of any age to disclose information related to an arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while the applicant was subject to the process and jurisdiction of the juvenile court, and an applicant of any age is not required to disclose such information in response to an employer inquiry. The act does not apply to the screening of applicants who have direct contact with vulnerable persons or the screening of applicants required by licensed child care, nor does it apply to any law enforcement agency or to any political subdivision. The act prohibits state or local agencies from denying or taking adverse action against an applicant who has been adjudicated for a delinquent act in a juvenile proceeding, but who is otherwise qualified for a license, certification, permit, or registration. (Note: This summary applies to this bill as enacted.)
The small community-based nonprofit infrastructure grant program (grant program) is created in the division of local government in the department of local affairs (division) to provide grants to small community-based nonprofit organizations that have been impacted or disproportionately impacted by the COVID-19 public health emergency for infrastructure and capacity building. The division is required to administer the grant program and to contract with no more than 10 nonprofit organizations with specified qualifications (regional access partners) to award and monitor the grants. To be eligible to receive a grant through the grant program, an organization must be one of the following: A small community-based nonprofit organization that operates under section 501 (c)(3) of the federal internal revenue code; A small community-based nonprofit organization that does not operate under section 501 (c)(3) of the federal internal revenue code and that works with a fiscal agent; or A collaboration of multiple small community-based groups that are not nonprofit organizations and that work with a fiscal sponsor. Each small community-based nonprofit organization or each of the small community-based groups that apply for a grant collaboratively is required to satisfy specified criteria to be considered an eligible recipient for a grant through the grant program. Grant recipients may use grant program money for infrastructure and capacity building purposes, including data technology needs, professional development for staff and board members, strategic planning and organizational development for capacity building and fundraising, communications, and existing program expansion, development, or evaluation. Grant recipients may not use grant money for capital improvements, real estate or land acquisition, payment of debt, advocacy or lobbying, organizing, endowments, or reserves. To receive a grant, an applicant must submit an application to a regional access partner in accordance with policies and procedures developed by the division. The regional access partner is required to award grants and ensure that: The maximum grant award does not exceed $100,000; and A grant award does not exceed 30% of the recipient's annual operating budget. The act appropriates $35 million from the economic recovery and relief cash fund to the division for the purposes of the grant program. The regional access partners are required to award the grants for the purposes of the grant program on or before December 30, 2024, and recipients of the grants are required to expend all grant money by December 30, 2026. The division and any person that receives money from the division, including a regional access partner, is required to comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller. (Note: This summary applies to this bill as enacted.)
The act creates the Colorado agricultural workforce services program (program) in the department of agriculture (department), which program includes an online resource portal for agricultural employees to access information about their rights under labor laws and for agricultural employers to access information about compliance with labor laws. For the 2022-23 state fiscal year, the act appropriates $100,000 from the general fund to the department to be used as follows: $29,086 for use by the commissioner's office and administrative services for personal services; and $70,914 for use by the agricultural markets division for the program. For the 2022-23 state fiscal year, the act also appropriates $42,859 from the general fund to the department of labor and employment for use by the division of labor standards and statistics. (Note: This summary applies to this bill as enacted.)
The act creates the Colorado career advisor training program in the department of education to provide training programs and courses to Colorado career advisors. The department of education, in coordination with the department of higher education, department of labor and employment, Colorado workforce development council, and the Colorado community college system, administers the program. The act appropriates $1 million from the general fund to the department of education. (Note: This summary applies to this bill as enacted.)
The act directs the commissioner of education (commissioner), in collaboration with the executive director of the department of higher education (executive director) and the chair of the state work force development council (council chair), to convene the secondary, postsecondary, and work-based learning integration task force (task force) to develop recommendations to support the expansion and alignment of programs that integrate secondary, postsecondary, and work-based learning opportunities throughout the state. The act specifies the membership of the task force, to be selected by the commissioner in collaboration with the executive director and the council chair, and the specific duties of the task force. The task force must prepare an interim report and a final report of its findings and recommendations and submit the reports by December 1, 2022, and December 1, 2023, respectively, to the governor, the education leadership council, the state board of education, the Colorado commission on higher education, and the education committees of the general assembly. The act creates a legislative advisory council to provide advice and comment to the task force. For the 2022-23 state fiscal year, the act appropriates from the general fund $89,123 to the department of education and $1,966 to the legislative department to implement the act. (Note: This summary applies to this bill as enacted.)
The act requires the state treasurer to establish the Colorado household financial recovery pilot program (program) in the department of the treasury to partner with financial institutions to incentivize lending to low-income individuals and households, including households impacted by the COVID-19 pandemic or its negative economic impacts. Money available for the program must be used for one or more of the following purposes: To establish a loan loss reserve to partially offset risk to lenders in making loans to individuals and households impacted by the COVID-19 pandemic; To make payments to lenders to buy down interest rates on loans made to individuals and households impacted by the COVID-19 pandemic; To provide lending capital for affordable, small loans to individuals and households impacted by the COVID-19 pandemic; or To award grants to nonprofit community-based organizations to conduct marketing and outreach to individuals and households impacted by the COVID-19 pandemic who may be eligible to participate in the program. The state treasurer may select one or more community development financial institutions to administer all or a portion of the money available for the program. The administrator or administrators are selected based, in part, on their proposed use of the money, their ability to partner with nonprofit community-based organizations that work with individuals and households impacted by the COVID-19 pandemic, and to connect borrowers to affordable banking products and other financial services. The act specifies program policies, including loan terms, and requires the state treasurer and administrators to establish and publicize additional program policies as necessary. The state treasurer or an administrator may establish a loan loss reserve to partially offset loan losses and thereby incentivize lending by financial institutions to individuals and households impacted by the COVID-19 pandemic. The state treasurer shall determine the amount of the offset and shall establish and publicize policies for participating financial institutions. On or before November 1, 2023, and on or before November 1 each year thereafter, the selected administrators shall report to the governor and to house of representatives business affairs and labor committee and the senate business, labor, and technology committee, or any success committees, concerning the use of program money and other information concerning the program. The act creates the Colorado household financial recovery pilot program fund (fund) and identifies allowable uses of the money in the fund. $5,200,000 is appropriated from the general fund to the fund to implement the pilot program. From this appropriation, $59,142 is reappropriated to the department of law for legal services for the department of the treasury. The appropriation is based on the assumption that the department of law will require an additional 0.3 FTE. (Note: This summary applies to this bill as enacted.)
The act requires the state forest service, on and after September 1, 2022, to develop a publicly accessible statewide carbon accounting framework that yields carbon stock and flux estimates for: Ecosystems by county and forest cover type; and Wood products. The state forest service must also develop a forest carbon co-benefit framework for project-level forest management practices, including wildfire mitigation. The state forest service must use this framework to train practitioners in adaptive management practices to be incorporated into current forest management practices, including wildfire mitigation. The state forest service must provide technical expertise to assist industry and landowners with carbon inventories and monitoring. The act also allows money from the existing healthy forests and vibrant communities fund to be used for new purposes, including the new statewide carbon accounting framework. For the 2022-23 state fiscal year, the act: Transfers $3,000,000 and appropriates $95,407 from the general fund to the healthy forests and vibrant communities fund; Transfers $2,200,000 from the general fund to the forest restoration and wildfire risk mitigation grant program cash fund; and Transfers $2,00,000 from the general fund to the wildfire mitigation capacity development fund.(Note: This summary applies to this bill as enacted.)
