The act restructures the excise tax on gasoline and special fuel (fuels) by:Modifying the point of taxation; Eliminating the 3 tax deferred transactions; Exempting the tax from the import or removal of fuels by bulk transfer to, from, or within a terminal or refinery in certain circumstances; Permitting the 2% allowance to cover losses for terminals that are outside of the state; Requiring a terminal operator to verify that the person receiving the fuels is a licensee or is exempt from taxation; Specifying when the tax is imposed on an importer, blender, seller of liquefied petroleum gas or natural gas, user, and other distributor; Harmonizing provisions applicable to the exemption for governments; Explicitly identifying certain fuels used in aircrafts as being exempt; Codifying that a distributor has the burden of proving that fuels are exempt; Codifying the exemption for the removal of fuels from a terminal by a licensed exporter exclusively for delivery to another state; Requiring a terminal operator to be licensed, which is the current practice; Consolidating the penalties for acting without a license; Making conforming changes related to the aforementioned changes; Reorganizing and relocating provisions; and Modernizing language.(Note: This summary applies to this bill as enacted.)
The act requires a court to hold a bond setting hearing within 48 hours after an arrestee's arrival at a jail or holding center beginning on April 1, 2022.Under current law, a person is allowed to post bond within 2 hours after the sheriff receives the bond information. The act repeals that requirement. The act states a bond may be paid at a minimum by cash, money order, or cashier's check, and a judge, judicial officer, or bond hearing officer shall not require a monetary bond be paid in the defendant's name. Unless extraordinary circumstances exist, the custodian of a jail shall release a defendant who is granted a personal recognizance bond no later than 6 hours after the defendant is back in jail, and in cases when cash bond is set, the defendant shall be released no later than 6 hours after bond is set, after the defendant is physically present in the jail, and after the defendant or surety notifies the jail that the defendant or surety is prepared to post bond. If the custodian fails to release the defendant within 6 hours after the bond has been set, the custodian shall inform the defendant and any person posting bond on behalf of the defendant the reason for the delay and shall document the reason for delay in the defendant's file. The act requires that after a bond has been paid, the defendant and surety, if any, receive a copy of the bond paperwork, a notice of rights related to bonding, and information regarding the defendant's next court date. The act requires each jurisdiction to establish a way to pay bond online by January 1, 2022. The act states that a bond is posted when the surety or defendant pays the bond as evidenced by the time stamp on the bond or bond receipt.Each sheriff shall post a notice of rights related to bonding on the sheriff's website, including information about how to file a complaint for violations. The sheriff shall include the notice in the inmate handbook and must provide the notice free of charge to anyone requesting a copy. The sheriff shall post a notice that contains the bonding information in the common area of the jail in a location clearly visible to the inmates and clearly visible in the public portion of the jail where a person posts bond.By October 1, 2021, each sheriff shall:Create written policies to comply with statutory bonding requirements; Review and update the sheriff's website, signage, paperwork, and forms related to bonding to reflect current law; and File a certificate of compliance with the statutory bonding provisions with the division of criminal justice in the department of public safety. The act provides that each defendant has a right to be represented by an attorney at a bond hearing and the prosecution has the right to be present at a bond hearing.The act creates the position of a bond hearing officer, who is a magistrate, to conduct bond hearings on weekends and holidays throughout the state using audiovisual technology. The bond hearing officer conducts bond hearings throughout the state in the counties that request the service of the bond hearing officer. The public will be able to view the hearings. For each case heard by the bond hearing officer, the arresting jurisdiction shall electronically transmit the arrest report, pretrial services information, and all other relevant information to the bond hearing officer prior to the hearing. The act creates the district attorney assistance for bond hearing grant program to assist smaller district attorneys' offices in covering the costs associated with the bond hearing officer hearings. The act appropriates $150,000 for the grant program.For the 2021-22 state fiscal year, the act appropriates $412,816 from the general fund and the judicial department information technology cash fund to the judicial department to implement the act. The act appropriates $67,136 from the general fund to the state public defender to implement the act. The act appropriates $19,500 from the general fund to the division of criminal justice in the department of public safety to implement the act.(Note: This summary applies to this bill as enacted.)
Under current law, local governments are prohibited from requiring or banning the use or sale of specific types of plastic materials or products. The act repeals the prohibition on July 1, 2024.The act prohibits stores and retail food establishments, on and after January 1, 2024, from providing single-use plastic carryout bags to customers; except that retail food establishments that are restaurants and small stores that operate solely in Colorado and have 3 or fewer locations may provide single-use plastic carryout bags. The prohibition does not apply to inventory purchased before January 1, 2024, and used on or before June 1, 2024, which may be supplied to a customer at the point of sale for a 10-cent or greater fee.Between January 1, 2023, and January 1, 2024, a store may furnish a recycled paper carryout bag or a single-use plastic carryout bag to a customer at the point of sale if the customer pays a fee of 10 cents per bag or a higher fee adopted by the municipality or county in which the store is located.On and after January 1, 2024, a store may furnish only a recycled paper carryout bag to a customer at the point of sale at a fee of 10 cents per bag or a higher fee imposed by the municipality or county in which the store is located.A store is required to remit, on a quarterly basis beginning April 1, 2024, 60% of the carryout bag fee revenues to the municipality or county within which the store is located and may retain the remaining 40% of the carryout bag fee revenues. A municipality or county may use its portion of the carryout bag fee revenues to pay for its administrative and enforcement costs and any recycling, composting, or other waste diversion programs or related outreach or education activities.The carryout bag fee does not apply to a customer that provides evidence to the store that the customer is a participant in a federal or state food assistance program.The act prohibits a retail food establishment, on and after January 1, 2024, from distributing an expanded polystyrene product for use as a container for ready-to-eat food in this state. Retail food establishments that purchase expanded polystyrene products before January 1, 2024, may continue to use the products until their supply is depleted.The act also authorizes a local government to enforce against a violation of the act and expressly authorizes a county to impose a civil penalty against a store or retail food establishment of up to $500 for a second violation or up to $1,000 for a third or subsequent violation; except that a local government cannot enforce a violation committed by a retail food establishment located within a school.On and after July 1, 2024, a local government may enact, implement, or enforce an ordinance, resolution, rule, or charter provision that is as stringent as or more stringent than the requirements set forth in the act.The act does not apply to materials used in the packaging of pharmaceutical drugs, medical devices, or dietary supplements or any equipment or materials used to manufacture pharmaceutical drugs, medical devices, or dietary supplements.(Note: This summary applies to this bill as enacted.)
The act declares that, due to recent dramatic increases in both the extraction and transportation of natural gas and the construction of new homes and businesses in close proximity to these activities, as well as the environmental risks posed by methane leakage, it is appropriate to strengthen and streamline Colorado's laws governing gas pipeline safety.In furtherance of strengthening and streamlining those laws, the act updates and clarifies the duty of the public utilities commission (PUC) to collaborate with the United States department of transportation (DOT) on pipeline safety issues by:Formally accepting responsibility to enforce DOT pipeline safety rules; and Adopting rules at the state level as needed to comply with federal requirements. The PUC's rules may be more stringent than required by federal standards in specified areas. In particular, the PUC is directed to assemble maps of all pipelines within its jurisdiction, increase the frequency of inspections, and employ advanced leak detection technology. Additionally, the act amends existing penalty provisions for pipeline safety violations by:Increasing the penalty cap from $100,000 per violation to $200,000, and increasing the maximum aggregate total for a series of violations from $1 million to $2 million; Allowing the PUC to recover court costs if it must sue to recover any penalty assessed against a violator; and Requiring any compromise of a penalty to be based on objective metrics and factors, including the severity of the violation, the extent to which the violator has remedied the conditions that led to the violation, and the amount the violator agrees to spend on approved measures to reduce future risk. Any such compromise may not reduce the amount payable as a penalty below $5,000 per violation. The act appropriates $423,448 from the general fund to the department of regulatory agencies for use by the public utilities commission to implement the act, with $53,170 reappropriated to the department of law for legal services provided to the commission.(Note: This summary applies to this bill as enacted.)
The act renames the existing "health disparities grant program" as the "health disparities and community grant program" (program) and expands the program to authorize the office of health equity (office) to:Award grants from money currently transferred from the prevention, early detection, and treatment fund to the health disparities grant program fund (fund) for the purpose of positively affecting social determinants of health to reduce the risk of future disease and exacerbating health disparities in underrepresented populations; and Award grants from any additional money appropriated by the general assembly to the fund to community organizations to reduce health disparities in underrepresented communities through policy and systems changes regarding the social determinants of health. On or before July 1, 2022, and continuing every 2 years thereafter, the department of public health and environment (department), in collaboration with the health equity commission and other stakeholders, is required to conduct an assessment and publish a report concerning health disparities and inequities that includes an assessment of the impact of social determinants of health on health disparities and inequities and recommended strategies to begin to address such inequities.Within 6 months after the publication of the department's first report, the governor is required to convene the health equity commission to develop an equity strategic plan and to ensure that there is coordination in equity-related work across state agencies to address the social determinants of health. Additional state agencies are added to and required to participate on the commission and are required to develop an equity strategic plan in the agency's respective area.$4,872,818 is appropriated to the department for use by the office of health equity to implement the act. Of the total amount appropriated, $4,821,035 is from the general fund and $51,783 is from the health disparities grant program fund.(Note: This summary applies to this bill as enacted.)
The act creates the area agency on aging grant program (grant program) in the department of human service's state office on aging (state office). The purpose of the grant program is to assist and support the health, well-being, and security of older Coloradans. The act also creates the area on aging cash fund (cash fund), which is used to fund the grant program.The act requires the state office and the area agency on aging to collaborate and establish criteria for the following:Adopting the policies and procedures for the administration of the grant program; Establishing and publishing criteria for the grant program; and Creating application procedures by which eligible organizations may apply for and receive money from the grant program. For the 2021-22 state fiscal year, $15,000,000 is appropriated to the department of human services from reappropriated funds in the cash fund for use by adult assistance programs to implement the act. The department of human services is responsible for the accounting related to the appropriation.(Note: This summary applies to this bill as enacted.)
The act prohibits a hospital, a health facility, and a person offering an individual or group health benefit plan from charging a living organ donor any deductibles, copayments, coinsurance, benefit maximums, waiting periods, or other limitations on coverage for health care services necessary for the living organ donation.(Note: This summary applies to this bill as enacted.)
The act prohibits the imposition of secured monetary or property conditions on a bond for juveniles charged with or accused of committing a delinquent act.The act reduces the juvenile detention bed cap from 327 beds to 215 beds beginning in fiscal year 2021-22.The act adds members and responsibilities to the existing statutory working group for criteria for placement of juvenile offenders. The working group's responsibilities include examining available alternatives to youth detention, the use of detention beds, and examining necessary investments in alternatives to youth detention.The act decreases appropriations made in the annual general appropriation act for the 2021-22 state fiscal year to the department of human services.The act makes the following appropriations to the department of human services:$202,541 for use by the office of information and technology; $427,979 for use by the division of child welfare, and an additional 4.5 FTE; and $24,789 in federal funds for use by the division of child welfare.(Note: This summary applies to this bill as enacted.)
Current law limits the application of architectural and landscaping regulations of common interest communities (also known as HOAs) so as to require that they allow displays of the American flag, service flags such as the "blue star" and "gold star" flags, and political signs, subject to specific statutory criteria. For example, the statute allows political signs to be prohibited outright except during an election season, defined as the period from 45 days before an election to 7 days after the election.The act simplifies and broadens these protections, requiring an HOA to permit the display of any noncommercial flag or sign at any time, subject only to reasonable, content-neutral limitations such as the number, size, or placement of the flags or signs.(Note: This summary applies to this bill as enacted.)
To improve the clarity and certainty of the statutes, the act amends, repeals, and reconstructs various statutory provisions of law that are obsolete, imperfect, or inoperative. The specific reasons for each amendment or repeal are set forth in the appendix to the act. The amendments made by the act are not intended to change the meaning or intent of the statutes, as amended.(Note: This summary applies to this bill as enacted.)
Section 3 of the act defines "disproportionately impacted community" (DIC) as:A community that is in a census block group where the proportion of households that are low income, that identify as minority, or that are housing cost-burdened is greater than 40%; or Any other community as identified or approved by a state agency, if the community: Has a history of environmental racism perpetuated through redlining, anti-Indigenous, anti-immigrant, anti-Hispanic, or anti-Black laws; or is one where multiple factors may act cumulatively to affect health and the environment and contribute to persistent disparities. Section 3 also requires the air quality control commission (AQCC) to promote outreach to and engage with DICs by creating new ways to gather input from communities across the state, using multiple languages and multiple formats, and transparently sharing information about adverse effects resulting from its proposed actions.Section 4 creates the environmental justice action task force (task force) in the department of public health and environment (department), the goal of which is to propose recommendations to the general assembly regarding practical means to address environmental justice inequities, particularly within DICs. The department will report on the task force's activities during the department's "SMART Act" presentations. The task force will:Hold meetings to solicit public comment concerning the development of a state agency-wide environmental justice strategy and a plan to implement that strategy, including ways to address data gaps and data sharing between state agencies and the engagement of disproportionately impacted communities; Evaluate and propose recommended revisions to the definitions of DIC, "proposed state action", and "agency" and the state agencies and their proposed actions that are subject to section 3; and File a final report by November 14, 2022, regarding its recommendations. Section 7 requires the AQCC to include greenhouse gas (GHG) in the list of air pollutants required to be reported in an air pollutant emission notice (APEN) and allows the AQCC to require that APENs for GHG report the previous calendar year's emissions of GHG in the form of carbon dioxide equivalent. Section 8 requires the AQCC to adopt rules, including permit processing fees, that apply to permits for sources of pollutants that cause or contribute to significant health or environmental impacts in DICs. Section 9 allows the division of administration in the department to reopen an air permit to add monitoring requirements for sources that affect DICs.Section 12 creates in the department the position of an environmental justice ombudsperson and directs the ombudsperson to promote environmental justice for the people of Colorado, particularly as an advocate for DICs and as a liaison between DICs and the department. Section 12 also creates in the department the environmental justice advisory board and directs the board to advise the ombudsperson and to develop guidelines for a grant program to fund environmental mitigation projects that avoid, minimize, measure, or mitigate adverse environmental impacts in DICs.Section 10 requires the AQCC to establish an annual APEN fee for GHG and authorizes the use of the fees to pay for the engagement of DICs required by section 3 and for the ombudsperson position created in section 12. Current law credits air quality fines to the general fund; section 13 creates the community impact cash fund and, over the course of 5 years, credits all of the fines to the fund, which is used to pay for environmental mitigation projects and the environmental justice advisory board.Section 14:Allows the AQCC to adopt rules that add permit requirements for sources that affect DICs; Directs the AQCC to adopt rules that pursue near-term reductions in GHG emissions, including reducing GHG emissions from electric utilities by at least 48% by 2025 and 80% by 2030, relative to 2005 levls; Directs the division to prepare an annual report that indicates whether GHG emission reduction requirements are being met and, if not, to develop and propose additional requirements to the AQCC; Requires each wholesale generation and transmission electric cooperative to file with the public utilities commission (PUC) and the division an electric resource plan that will achieve at least an 80% reduction of GHG emissions by 2030, relative to 2005 levels; Requires certain electric utilities that serve at least 50,000 Colorado retail customers to either file a clean energy plan with the division or comply with AQCC rules that would require GHG emission reductions of at least 48% by 2025 and 80% by 2030, relative to 2005 levels; Requires the AQCC to adopt rules to reduce GHG emissions from oil and gas exploration, production, processing, transmission, and storage operations by at least 36% by 2025 and 60% by 2030, relative to 2005 levels; Requires the AQCC to adopt rules to reduce GHG emissions from the industrial and manufacturing sector in the state by at least 20% by 2030, relative to 2015 levels; and Authorizes the AQCC to adopt a rule or program that provides for the use of a trading program, including a comprehensive and centralized accounting system to track emissions from the sources that participate in the program. Section 16 requires that the economic impact analysis for GHG rules must include an analysis of the social cost of greenhouse gases. Section 17 requires that the division make publicly available the data upon which its GHG forecast is based and requires that the forecast include at least one scenario that does not include emission reductions projected to occur pursuant to existing law.Section 19 requires the just transition office in the division of employment and training in the department of labor and employment to develop a proposed long-term budget to adequately finance the just transition plan relating to the closure of coal-fired electric generation facilities. Section 20 modifies the mission statement for the Colorado energy office, including by adding the goal of supporting Colorado's transition to a more equitable, low-carbon, and clean energy economy and promoting resources that reduce air pollution and greenhouse gas emissions, including pollution and emissions from electricity generation, buildings, industry, agriculture, and transportation.Existing law requires electric utilities to provide best value employment metrics to the PUC when applying for approval of new resource acquisitions. Section 22 requires the state auditor to study the implementation of the best value employment metrics requirement.To implement the act, section 23 appropriates the following:$2,550,218 from the general fund and the community impact cash fund to the department, of which amount $382,680 is reappropriated to the department of law to provide legal services and $239,642 is reappropriated to the office of the governor for use by the office of information technology to provide information technology services; and $146,703 from the general fund to the office of the governor for use by the Colorado energy office.(Note: This summary applies to this bill as enacted.)
Under current law, a secondary school teacher who has sexual contact with a student who is 18 years of age or older may not have committed a crime. The act provides that an educator who subjects a secondary school student who is 18 years of age or older to sexual intrusion or sexual penetration commits the crime of abuse of public trust by an educator if the educator is at least 4 years older than the student. Abuse of public trust by an educator is a class 1 misdemeanor. Consent by the student is not a defense to the crime.The act requires a public school prior to employing a person to inquire with the department of education (department) regarding whether the person was dismissed or resigned based on an allegation of a sexual act with a student 18 years or older.The act requires that if an employee of a public school is dismissed or resigns as a result of an allegation of a sexual act involving a student who is 18 years of age or older, regardless of whether the student consented to the sexual act, that is supported by a preponderance of the evidence, the governing board of the charter school or school board shall notify the department and provide any information requested by the department concerning the circumstances of the dismissal or resignation. The public school shall also notify the employee that information concerning the employee's dismissal or resignation is being forwarded to the department. The act prohibits a public school from entering into a settlement agreement that would restrict the public school from sharing any relevant information related to an allegation of a sexual act involving a student who is 18 years of age or older, regardless of whether the student consented to the sexual act, that is supported by a preponderance of the evidence pertaining to the employee with the department, another school district, or charter school pertaining to the incident upon which the dismissal or resignation is based.Under current law, the department of education can impose licensing sanctions on unethical behavior and professional incompetence. The act requires the state board of education to promulgate appropriate rules defining the standards of unethical behavior and professional incompetency. Unethical behavior must include conduct involving a sexual act between an applicant or holder and a student, including a student who is 18 years of age or older, regardless of whether the student consented to the sexual act.(Note: This summary applies to this bill as enacted.)
