The act requires every hospital to establish, by September 1, 2022, a nurse staffing committee pursuant to rules promulgated by the state board of health, either by creating a new committee or assigning the nurse staffing functions to an existing hospital staffing committee. The nurse staffing committee must have at least 60% or greater participation by clinical staff nurses. The nurse staffing committee is required to: Annually develop and oversee a master nurse staffing plan; Submit a recommended staffing plan to the hospital's senior nurse executive and governing body; and Receive, track, and resolve complaints and receive feedback from direct-care nurses and other staff. The act requires a hospital to: Submit the nurse staffing plan to the department of public health and environment (department) on an annual basis; Post the nurse staffing plan on the hospital's website; Evaluate the nurse staffing plan on a quarterly basis and, based on complaints and recommendations of patients and staff, revise the nurse staffing plan accordingly; and Prepare an annual report containing the details of the evaluation. The act prohibits a hospital from assigning direct-care providers to a nursing unit or clinical area of a hospital unless the providers are properly trained in the unit or area assigned. On or before September 1, 2022, in a form and manner determined by rules promulgated by the state board of health, each hospital is required to report: The baseline number of beds the hospital is able to staff; and The hospital's current bed capacity. If the hospital's ability to meet staffed-bed capacity falls below 80% of the required baseline in a specified period, the hospital is required to notify the department and submit a plan to meet that requirement. The act requires the department to notify a hospital if the hospital's number of staffed beds exceeds 80% of a hospital's total licensed beds and fine the hospital if the hospital does not take corrective action. Each hospital is required to update its emergency plan at least annually and as often as necessary, as circumstances warrant. The act authorizes the department to fine a hospital up to $10,000 per day for the hospital's failure to: Meet the required staffed-bed capacity; Include the amount of necessary vaccines for administration in its annual emergency plan and, to the extent they are available, have the vaccines available at each of its facilities; and Include the necessary testing capabilities, to the extent they are available at each of its facilities. The act grants rule-making authority to the department and to the state board of health. The act requires the department to report certain data to its committee of reference as part of its presentation at the hearing held pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act". The act requires the office of saving people money on health care in the office of the lieutenant governor (office) to study: The level of preparedness of health facilities to respond to post-viral illness resulting from the COVID-19 virus; The effects of post-viral illness resulting from the COVID-19 virus on the mental, behavioral, and physical health and the financial security of the people of Colorado; and The effects of the COVID-19 pandemic on the cost of health care in Colorado and on the resiliency of Colorado's public health system. The act requires the office to annually report its findings to the governor and to coordinate, monitor, and support efforts to improve affordability of health care, health outcomes, and public health readiness in state programs and departments. (Note: This summary applies to this bill as enacted.)
The act establishes the behavioral health-care continuum gap grant program in the behavioral health administration (BHA). The BHA administers the grant program. As part of the behavioral health-care continuum gap grant program, the BHA may award community investment grants to support services along the continuum of behavioral health-care and children, youth, and family services grants to expand youth-oriented and family-oriented behavioral health-care services. A community-based organization, local government, federally recognized Indian tribe, or nonprofit organization is eligible for a community investment grant. A community-based organization, local government, federally recognized Indian tribe, local collaborative management program, judicial district juvenile services planning committee, or nonprofit organization is eligible for a children, youth, and family services grant. The BHA must develop a behavioral health-care services assessment tool that behavioral health-care continuum gap grant program applicants can use to identify regional gaps in behavioral health and substance use disorder services, underserved populations, and unmet behavioral health needs. In awarding grants, the BHA shall give preference to applicants providing a service that addresses a gap in services identified with the BHA's assessment tool or a county, regional, or community assessment tool. In order to receive a community behavioral health-care continuum gap grant, an applicant must offer a monetary contribution or in-kind contributions that directly support the behavioral health-care services provided with the grant award. The BHA may waive the monetary or in-kind contribution requirement for applicants requesting a grant of less than $50,000. Each grant recipient must report to the BHA about its use of the grant award. The state department of human services must include information about the grant program in its annual "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing. The act establishes the substance use workforce stability grant program in the BHA. A substance use disorder treatment provider, a recovery provider, and local governments are eligible for a grant. In order to receive a grant, a provider must prioritize providing services to voluntary and civil clients. The BHA shall prioritize awarding grants to providers that offer same-day or next-day appointments, serve low-income and marginalized populations, or intend to expand the number of individuals they serve. A grant recipient shall use a grant award to support direct care staff who spend 50% or more of their time working with clients. The act appropriates $75 million from the behavioral and mental health cash fund to the state department for the behavioral health-care continuum gap grant program and $15 million from the behavioral and mental health cash fund to the state department for the substance use workforce stability grant program. (Note: This summary applies to this bill as enacted.)
The act creates in the university of Colorado the Colorado pediatric psychiatry consultation and access program (CoPPCAP). The purpose of CoPPCAP is to support primary care providers in identifying and treating mild to moderate behavioral health conditions in children in primary care practices or school-based health centers. The act requires the general assembly to appropriate from the behavioral and mental health cash fund: $4.6 million to CoPPCAP; $5 million to the behavioral health care professional matching grant program to expand access to behavioral health-care services for children and families; and $1.5 million to the school-based health center grant program.(Note: This summary applies to this bill as enacted.)
Colorado law regulates the manufacturers, sellers, and installers of manufactured homes. This regulation includes requirements for the installation of manufactured homes, contract and disclosure requirements, and the registration, escrow, reimbursement, bonding, and inspections of the manufacturers, installers, and sellers. In addition, the state housing board (board) sets standards for the proper manufacture and installation of manufactured homes. The board consults with an advisory committee when promulgating rules. The act adds tiny homes, which are typically manufactured, to this regulation on substantially similar terms. This includes adding 2 representatives of the tiny home industry to the advisory committee. The board is given the duty to regulate foundations for manufactured homes, tiny homes, and factory-built structures where no construction standards otherwise exist. Manufacturers are required to meet bonding and escrow requirements, and standards are set for payment from the bond or escrow account. In addition to adding tiny homes to these provisions, the act addresses tiny home regulation in the following manner: The board must promulgate rules establishing specific standards for tiny homes. When a national or international standard is created, the board may use that standard. The board may modify these standards as necessary. The board must establish standards for connecting a tiny home to utilities, including water, sewer, natural gas, and electricity; A state electrical inspector or a local government may approve the connection of a tiny home for electric utility service if the tiny home is in compliance with applicable codes and standards for connection for electric utility service; A state plumbing inspector or a local government may approve the connection of a tiny home for water, gas, or sewer utility service if the tiny home is in compliance with applicable codes and standards for connection for water, gas, or sewer utility service; and Standards are set for promulgating rules governing tiny homes. If a tiny home is approved for connection to utilities through the process described above, the tiny home may be connected to the appropriate utilities. Current law governing the connection to each utility is amended to avoid conflicts with the process established in the act. Selling or installing a tiny home without complying with the act is declared a deceptive trade practice, which subjects a violator to damages in a lawsuit and civil penalties of: Up to $20,000 per violation; Up to $10,000 for violating a court order or injunction; and Up to $50,000 per violation if the victim is an elderly person. Colorado law regulates mobile home parks, including notice requirements, lease termination limits and requirements, security deposit regulations, entry fee prohibitions, antitrust prohibitions, selling fee prohibitions, kickback prohibitions, retaliation prohibitions, regulation of how and if park rules are established, a right of first refusal when the owner wants to sell the mobile home park, a peaceful enjoyment right, and remedy provisions. The act includes tiny homes under these provisions. Colorado law exempts manufactured homes from sales and use tax. The act adds tiny homes to this exemption. Tiny homes are classified as residential improvements for the purpose of property tax, which means the landowner will pay the lower residential tax rates on land that has a tiny home. To implement the act, $227,612 is appropriated from the general fund to the department of local affairs and $86,946 is appropriated from the division of professions and occupations cash fund to the department of regulatory agencies. (Note: This summary applies to this bill as enacted.)
Section 2 of the act creates the disaster resilience rebuilding program in the division of local government (division) in the department of local affairs. The disaster resilience rebuilding program's purpose is to provide loans and grants to homeowners, owners of residential rental property, businesses, governmental entities, and other organizations working to rebuild after a disaster emergency. The division may contract with a governmental entity, bank, community development financial institution, or other entity to administer the disaster resilience rebuilding program. The division or an administrator is required to establish policies for administering the disaster resilience rebuilding program, including application requirements, eligibility requirements for applicants, maximum assistance levels, loan terms, equitable outreach, and any specific criteria for the allowable uses of the loans and grants. The division is required to prioritize applicants who demonstrate that their needs cannot be met by other sources of assistance. Loans and grants may be used to: Subsidize costs to repair or rebuild a homeowner's primary residence that are insufficiently covered by the homeowner's insurance or by federal assistance programs, including costs of rebuilding to advanced fire resistance standards and to replant climate ready trees and vegetation; Repair or reconstruct housing stock in areas that are experiencing a shortage of available housing by housing authorities and nonprofit organizations working to repair or reconstruct housing stock, or by owners of rental housing who agree to requirements to provide affordable rent or temporary rental assistance to displaced renters; Rebuild neighborhoods in a manner intended to resist the impacts of natural disasters; Provide operating capital to a business experiencing a loss or interruption of business or to pay to repair or replace damaged business property and inventory; Reimburse governmental entities for costs associated with a declared disaster that are not covered by available federal assistance, including infrastructure repairs and replacement of lost revenue; or Assist eligible applicants in addressing other related unmet needs as allowed by division policies. Section 2 also creates the disaster resilience rebuilding program fund. The state treasurer is required to transfer $15 million from the general fund to the fund after the effective date of the act. The money in the fund is continuously appropriated to the division for the rebuilding program. Section 3 creates the sustainable rebuilding program in the Colorado energy office. The office is required to consult with the department of local affairs in creating the sustainable rebuilding program. The sustainable rebuilding program's purpose is to provide loans and grants to homeowners, owners of residential rental property, and businesses that are rebuilding after a wildfire or other natural disaster to cover costs associated with building high performing, energy efficient, and resilient homes and structures. The office may contract with a governmental entity, Colorado-based nonprofit green bank with history and expertise in providing loans and grants for energy efficiency projects and services, business nonprofit organization, bank, or community development financial institution to administer the sustainable rebuilding program. The Colorado energy office or an administrator is required to establish policies for administering the sustainable rebuilding program, including application requirements, eligibility requirements for homeowners and businesses, maximum assistance levels, loan terms, equitable outreach, and any specific criteria for the allowable uses of the loans and grants. The loans and grants may be used to: Install high-efficiency heat pumps for heating space or water; Achieve advanced energy certifications, including from Energy Star, the Passive House Institute U.S., the United States department of energy zero energy ready homes, or other similar programs; Achieve net zero energy or net zero carbon buildings with the addition of renewable energy generation; Assist with the costs of installing battery storage and electric vehicle charging stations; Cover the incremental costs of building to the most recent energy standard adopted by a local jurisdiction compared to the earlier version of the jurisdiction's energy code; and Support other similar uses identified by the office. The act creates the sustainable rebuilding program fund. The state treasurer is required to transfer $20 million to the fund after the effective date of the act. The money in the fund is continuously appropriated to the office for the sustainable rebuilding program and for development of the disaster survivor portal that may be created as authorized by section 6. Section 4 creates the office of climate preparedness in the governor's office. The office is required to coordinate disaster recovery efforts for the governor's office and to develop, publish, and implement the statewide climate preparedness roadmap (roadmap). The office of climate preparedness may establish interagency and intergovernmental task forces and community advisory groups to inform and support the work of the office. The office may promote community engagement and information sharing and further efforts to implement the recommendations of the roadmap. The office of climate preparedness is required to coordinate the implementation of the roadmap and may establish criteria for evaluating existing programs in all other state agencies to ensure implementation of the roadmap and its governing principles. No later than December 1, 2023, the office of climate preparedness is required to prepare and publish and, every 3 years thereafter, update the roadmap. The roadmap must integrate and include information from all existing and future state plans that address climate mitigation, adaptation, resiliency, and recovery. The roadmap must build upon this previous body of work, seek to align existing plans, and identify any gaps in policy, planning, or resources. The roadmap must identify strategies for how the state will grow in population and continue to develop in a manner that meets certain goals specified in the act. Section 5 requires the commissioner of insurance (commissioner) to conduct a study and prepare a report on methods to address the stability, availability, and affordability of homeowner's insurance in Colorado with a focus on stabilizing the market. The commissioner may contract with a third party and is required to consult with stakeholders in completing the study. Section 6 removes the existing cap on the size of grants that the governor may provide to individuals to meet disaster-related expenses that cannot be met from other means of assistance. Section 6 also requires the office of emergency management to coordinate with the governor's office, federal agencies, and other state and local agencies to ensure that individual disaster assistance is delivered in a coordinated effort. The office of emergency management is authorized to create a disaster survivor portal in collaboration with the department of local affairs and the Colorado energy office. The portal may provide a coordinated method to access individual disaster assistance benefits, including from the disaster resilience rebuilding program and the sustainable rebuilding program. Section 7 requires the division of fire prevention and control (DFPC) in the department of public safety to establish and maintain a statewide fire dispatch center for rapid responses to wildfires and all-hazard incidents. Section 8 authorizes the center of excellence within the DFPC to develop and implement a Colorado team awareness kit. Section 8 also requires the transfer of $15,500,000 from the disaster emergency fund to the Colorado firefighting air corps fund for use by the DFPC to implement the statewide fire dispatch center and the team awareness kit and for the leasing of appropriate aviation resources for wildfire suppression. Section 9 requires the transfer of $2,700,000 from the disaster emergency fund to the capital construction fund for use by the DFPC for capital construction related to aviation resources for wildfire suppression. The $2,700,000 transferred in section 9 is appropriated to the department of public safety in section 12 for capital construction related to aviation resources for wildfire suppression. (Note: This summary applies to this bill as enacted.)
The act requires the state treasurer to transfer $57 million from the revenue loss restoration cash fund to the family and medical leave insurance fund for use by the division of family and medical leave insurance (division) created under the "Paid Family and Medical Leave Insurance Act" (PFMLIA). The transferred money is an advance payment of premiums for state employee coverage that the state is required to pay under the family and medical leave insurance program established by the PFMLIA. The division is required to credit the transferred money to state employer accounts and to annually continue to credit money to the state employer accounts until such accounts have a zero dollar balance and begin owing quarterly premiums as set forth in the PFMLIA. The executive director of the department of labor and employment is required to submit specified reports. The act reduces the appropriations to state departments for employer premium payments for state fiscal year 2022-23. (Note: This summary applies to this bill as enacted.)
The act expands the statutory list of state laws for which the attorney general may bring civil and criminal enforcement actions to include various statutory provisions relating to housing. The act also creates the fair housing unit within the department of law. When there is reason to believe that there is a potential violation of law that risks harm to a consumer, public health, or public safety, that is based on a substantiated complaint, the act permits the attorney general to investigate any person or organization that is otherwise subject to the attorney general's existing statutory authority. A complaint is not necessary if the information is provided by an agency of the federal, state, or a local government that regulates or provides protections for consumers, tenants, and mobile home residents. The attorney general may direct or subpoena any person whose testimony may be required about potential violations of law and may direct or subpoena the person to produce records the attorney general considers relevant to the inquiry. Nothing in the act impacts or affects banking examinations and regulations promulgated by primary federal and state banking authorities, notwithstanding the attorney general's existing legal authority. When the attorney general has reasonable cause to believe that any person, whether in this state or elsewhere, has engaged in or is engaging in a violation of certain housing-related statutes, the attorney general may take various steps, enumerated in the act, to investigate the possible violation. The act specifies requirements concerning the venue in which enforcement actions may be brought, the issuance of subpoenas and the production of documents, admissibility of testimony, remedies for failure to cooperate or to obey a subpoena, injunctive authority and assurances of discontinuances, penalties, and the limitations period governing the filing of an action alleging violations of housing-related statutes. (Note: This summary applies to this bill as enacted.)
The act establishes a revolving loan and grant program to provide assistance and financing to mobile home owners seeking to organize and purchase their mobile home parks. The division of housing (division) in the department of local affairs (department) is required to contract with at least 2, and not more than 3, loan program administrators, unless the division determines that there is only one qualified applicant during an open and competitive selection process, in which case the division may contract with a single administrator. The administrators are required to use money provided by the loan program to make loans to mobile home owners seeking to purchase their mobile home parks. The division is required to establish a grant program to provide grants to nonprofit organizations that provide technical and other assistance to eligible home owners seeking to organize to purchase their mobile home parks. The division is also required to establish a grant program to provide grants to eligible home owners to support programs to ensure the long term affordability of a resident-owned park, including by stabilizing lot rents and limiting rent increases. The mobile home park resident empowerment loan and grant program fund (fund) is created. The state treasurer is required to transfer $35 million of money from the affordable housing and home ownership cash fund that originates from the general fund to the fund. The money in the fund is continuously appropriated to the department to implement the loan and grant program; except that $384,019 is reappropriated to the office of the governor for use by the office of information technology to provide information technology services for the department and $29,571 is reappropriated to the department of law to provide legal services to the department. (Note: This summary applies to this bill as enacted.)
Under current law, common carriers and contract carriers may use independent contractors for transportation services. The contract must provide for coverage under either workers' compensation or an occupational accident insurance policy that provides "similar coverage" to that available under workers' compensation. "Similar coverage" must meet or exceed standards set by the division of insurance and is defined to require benefits that are at least comparable to the benefits offered under the workers' compensation system. The act changes the definition of "similar coverage" to an occupational accident insurance policy that provides a minimum aggregate policy limit of $1,500,000 for all benefits paid for the benefit of the operator. The act also defines "commercial vehicle" and "operator" for the purpose of occupational accident insurance required by independent contractors of carriers. (Note: This summary applies to this bill as enacted.)
The act directs the state treasurer to transfer $3,698,586 from the general fund to the division of professions and occupations cash fund for use beginning in the 2022-23 state fiscal year and until fully expended to fund the expenses of the state board of psychologist examiners, the state board of social work examiners, the state board of marriage and family therapist examiners, the state board of licensed professional counselor examiners, the state board of unlicensed psychotherapists, and the state board of addiction counselor examiners in order to facilitate fee relief for mental health professionals regulated by those boards. (Note: This summary applies to this bill as enacted.)
Current law requires a transportation network company or its drivers to secure primary liability insurance coverage for the drivers for incidents involving the drivers during prearranged rides and for periods when a driver is logged into a transportation network company's digital network but not engaged in a prearranged ride. Section 1 of the act requires a transportation network company or its drivers to also secure insurance protection for drivers and for their riders against damages caused by uninsured motorists in the amounts of at least $200,000 per person and $400,000 per occurrence. The insurance policy must provide coverage to drivers and riders at all times the driver is engaged in a prearranged ride. Current law requires automobile liability and motor vehicle liability policies to provide coverage for damages caused by uninsured motorists; except that the named insured may reject such coverage in writing. Section 2 provides that, if the named insured is a transportation network company securing coverage for a transportation network company driver to protect against damages caused by uninsured motorists, the named insured may not reject the coverage for periods when the transportation network company driver is engaged in a prearranged ride. (Note: This summary applies to this bill as enacted.)
On July 1, 2022, the state treasurer is required to transfer $198,470,883 from the general fund to the PERA payment cash fund. (Note: This summary applies to this bill as enacted.)
