Section 1 of the act declares the general assembly's intent to spend a portion of the money received by the state under the federal "American Rescue Plan Act" for broadband infrastructure and telehealth capabilities.Sections 2 and 3 extend the grant award distribution and reporting dates for the connecting Colorado students grant program.Section 6 requires the office of information technology (office) to:Enter into an agreement with a third-party vendor to develop and implement a strategic plan to expand and improve digital access to government services through the use of broadband; Consult with various stakeholders in developing the strategic plan; and On or before July 1, 2022, report to the joint technology committee on the development and implementation of the strategic plan. Section 7 establishes the Colorado broadband office (broadband office) in the office as a statutory type 1 entity. Section 7 also creates the digital inclusion grant program fund and directs the state treasurer to transfer $35 million from the economic recovery and relief cash fund to the fund for use by the broadband office to implement the digital inclusion grant program to award grant money to proposed broadband deployment projects throughout the state. Grant recipients other than Indian tribe or nation recipients are prohibited from using the grant money for last-mile broadband deployment. Section 7 also defines "community anchor institution" in relation to grants awarded through the digital inclusion grant program. Section 4 requires the chief information officer in the office to appoint a director of the broadband office. Section 5 aligns the bill with House Bill 21-1236. Section 16 provides that section 5 only becomes effective if House Bill 21-1236 is enacted.Section 8 defines "community anchor institution", "critically unserved", "income-qualified plan", and "school" in relation to grants awarded by the broadband deployment board (board) for proposed broadband deployment projects throughout the state.Section 9 creates the broadband stimulus grant program (grant program) and requires the board to implement the grant program by awarding grant money from the broadband stimulus account created in the broadband administrative fund. The state treasurer is directed to transfer $35 million from the economic recovery and relief cash fund to the account for this grant program. The board is encouraged to award money under the grant program to applicants that previously applied for broadband deployment grants from the board but were denied due to insufficient funding. An applicant seeking money under the grant program must submit an income-qualified plan to the board.Section 11 declares that high-speed broadband plays a critical role in enhancing local government and community development efforts and encourages coordinated approaches, including public-private partnerships, to broadband planning.Section 12 defines terms related to the work of the division of local government in the department of local affairs (division) in deploying broadband, including "broadband facility" and "last-mile broadband infrastructure".Section 13 requires the division to submit a copy of any application it receives for broadband deployment grant money to the broadband office for review. The broadband office must complete its review and provide the division with any recommendation regarding the application within 30 days after the division sends the copy to the broadband office.Section 13 also creates the interconnectivity grant program and requires the division to implement the grant program by awarding grant money for proposed projects that seek to achieve regional broadband deployment and provide interconnection between communities. Projects awarded money under this grant program, except for projects awarded to Indian tribes or nations, cannot use the money awarded for last-mile broadband deployment. To finance the grant program, section 13 also creates the interconnectivity grant program fund into which the state treasurer is directed to transfer $5 million from the economic recovery and relief cash fund.Section 14 appropriates:$35 million from the digital inclusion grant program fund to the office for use by the broadband office to implement the digital inclusion grant program; $35 million from the broadband stimulus account in the broadband administrative fund to the department of regulatory agencies for use by the board to implement the broadband stimulus grant program; and $5 million from the interconnectivity grant program fund to the department of local affairs for use by the division to implement the interconnectivity grant program. Sections 10 and 15 align the bill with House Bill 21-1109, which moves the board from the department of regulatory agencies to the office. Section 16 provides that sections 10 and 15 only become effective if House Bill 21-1109 is enacted. Section 16 provides that sections 8, 9, and 14 only become effective if House Bill 21-1109 is not enacted. Section 16 also provides that the act only becomes effective if Senate Bill 21-291, which creates the economic recovery and relief cash fund, is enacted.(Note: This summary applies to this bill as enacted.)
Beginning with the 2021-22 academic year, the act requires a state institution of higher education (institution) to adopt a policy to offer in-state tuition classification to students who would not otherwise qualify for in-state tuition if the student is a federally recognized member of a federally recognized American Indian tribe with historical ties to Colorado, as designated by the Colorado commission of Indian affairs in partnership with history Colorado.The institution may count the student as a resident student for any purpose within the tuition classification statutes and for purposes of resident enrollment requirements. The student is eligible to apply for the Colorado opportunity fund stipend and state-funded financial aid, and may be eligible for private financial aid programs.(Note: This summary applies to this bill as enacted.)
The act requires that the Colorado broadband office (office), on or before January 1, 2022, contract with a nonprofit organization to develop a program to reimburse certain income-eligible households and households in critically unserved areas of the state for their costs to access broadband service. An eligible household may receive reimbursement for up to one-half of its costs for broadband service, not to exceed $600 per year.The office and the nonprofit organization with which it contracts may use up to $5 million of the federal "American Rescue Plan Act of 2021" money transferred to the digital inclusion grant program fund pursuant to House Bill 21-1289, concerning broadband deployment, for the reimbursement program. All of the money for the reimbursement program must be obligated by December 31, 2024, and the act repeals on September 1, 2026. If the office does not find a nonprofit organization with which to contract, the reimbursement program will not be implemented and the office shall use the money allocated for implementation of the reimbursement program to award additional grants for telehealth services.On or before February 1, 2022, and on or before each February 1 thereafter, the office is required to submit a written report to the governor and the legislative joint budget and joint technology committees about the office's implementation of the reimbursement program.(Note: This summary applies to this bill as enacted.)
The act creates 3 different programs in the department of local affairs (DOLA) for the purpose of offering grant money and other forms of state assistance to local governments to promote innovative solutions to the development of affordable housing across the state.Local government affordable housing development incentives grant program (housing development incentives grant program). This program will provide grants to local governments that adopt not less than 3 policy and regulatory tools from among a menu of options that create incentives to promote the development of affordable housing. A local government that adopts such tools is eligible for a grant from the housing development incentives grant program as an incentive to develop one or more affordable housing developments in their community that are liveable, vibrant, and driven by community benefits. The division of local government (DLG) within DOLA administers the housing development incentives grant program.The act enumerates items included in the menu of policy and regulatory tools.Local government planning grant program. This program will provide grants to local governments that lack one or more of the policy and regulatory tools that provide incentives to promote the development of affordable housing that forms the basis for a grant under the housing development incentives grant program and that could benefit from additional funding to be able to create and make use of these policy and regulatory tools. Money under the planning grant program will be available to a local government to enable the government to retain a consultant or a related professional service to assess the housing needs of its community or to make changes to its policies, programs, development review processes, land use codes, and related rules to become an eligible recipient of a grant under the housing development incentives grant program. The planning grant program will be administered by the DLG. As part of its administration of the planning grant program, the DLG will provide assistance to local governments on best land use practices and tools and is required to update and publish model county and municipal land use codes for the benefit of local governments across the state.The affordable housing guided toolkit and local officials guide program (housing toolkit program). This program creates the housing toolkit program within the division of housing (DOH) within DOLA. The purpose of the housing toolkit program is to award funding to qualified counties, and municipalities, and federally recognized tribes within the state selected in a competitive process who commit to the adoption of best land use practices with demonstrated success in the development of affordable housing. Under the housing toolkit program, technical assistance will be provided by consultants and related professionals to local governments who demonstrate an understanding of the housing needs of their communities, take steps to engage their entire communities in this process, make changes to their land use codes and related processes that provide incentives and reduce barriers to the development of affordable housing, obtain and support viable sites in their communities for the development of affordable housing, and attract developers committed to making such investments in their communities. The DOH is to administer the housing toolkit program.In evaluating applications for grants from the housing development incentives grant program, the act requires the DLG to prioritize proposals submitted by local governments based on factors specified in the act.On or before September 1, 2021, the act requires the executive director of DOLA or the executive director's designee to adopt policies, procedures, and guidelines for the 3 different state assistance programs that include, without limitation:Procedures and timelines by which an eligible recipient may apply for a grant; Criteria for determining the amount of grant awards; Performance criteria for grant recipients' projects; and Reporting requirements for grant recipients. On the effective date of the act, or as soon as practicable thereafter, the state treasurer is required to transfer $30,000,000 from the affordable housing and home ownership cash fund to the Colorado heritage communities fund and $9,300,000 from the general fund to the Colorado heritage communities fund. DLG must use this money transferred for the creation, implementation, and administration of the housing development incentives grant programs.On the effective date of the act, or as soon as practicable thereafter, the state treasurer is required to transfer $5,000,000 from the affordable housing and home ownership cash fund to the Colorado heritage communities fund and $2,100,000 from the general fund to the Colorado heritage communities fund. DLG must use this money transferred for the creation, implementation, and administration of the planning grant program.On the effective date of the act, or as soon as practicable thereafter, the state treasurer is required to transfer $1,600,000 from the general fund to the housing development grant fund for the creation, implementation, and administration by the DOH of the housing toolkit program.All costs incurred in administering any of the 3 programs created under the act must be paid out of the money transferred under the act. All money transferred under the act for the 3 state programs must be expended over the subsequent 3 state fiscal years.On or before November 1 of each year, the executive director of DOLA or the director's designee is required to publish a report summarizing the use of all assistance that was awarded from the 3 different programs created under the act in the preceding fiscal year. The act specifies additional required contents of the reports. The reports must be shared with the general assembly and posted on DOLA's website.The act updates and repeals obsolete statutory provisions concerning the office of smart growth (OSG) within DOLA and the Colorado heritage communities fund.The act authorizes the OSG, as money becomes available, to provide grants or other forms of assistance to counties and municipalities to address critical planning issues and specifies examples of the forms of assistance that may be provided by the office. The OSG is required to create guidelines to specify the activities on the part of local governments that will qualify for grant funding or other forms of assistance provided under the act. The OSG is permitted to use available money to administer the Colorado heritage grant program.The act appropriates $39,300,000 to DOLA from the Colorado heritage communities fund for the affordable housing development incentives grant program.The act appropriates $7,100,000 to DOLA from the Colorado heritage communities fund for the local government planning grant program.(Note: This summary applies to this bill as enacted.)
The act defines "backcountry search and rescue" as the utilization, training, and support of responders, with their specialized equipment, to locate, provide assistance to, and remove to safety individuals who are lost, injured, stranded, or entrapped, generally in remote areas of the state. The division of parks and wildlife (division) within the department of natural resources must conduct a study and develop recommendations on the issues related to backcountry search and rescue, including how to develop a sustainable structure for coordination among the local, state, federal, and nonprofit organizations involved in backcountry search and rescue, the adequacy of resources and benefits available to volunteers who provide backcountry search and rescue services, the funding needs for equipment and reimbursement, and the needs for volunteer training and public education. The division must also conduct outreach and training related to the physical and psychological support needs of backcountry search and rescue volunteers, which may include working with consultants, providing programs, or creating a grant program for local governments or nonprofit organizations providing backcountry search and rescue. The act makes conforming amendments related to the definition of "backcountry search and rescue".(Note: This summary applies to this bill as enacted.)
The act expands the peace officers mental health support grant program (grant program) to include law enforcement agencies, behavioral health entities, county or district public health agencies, community-based social service and behavioral health providers, peace officer organizations, and public safety agencies as eligible entities. The act renames the grant program the peace officers behavioral health support and community partnerships grant program to reflect these changes.The act also expands the purposes for which grant money can be used to include co-responder community responses and community-based alternative responses. Public safety agencies, law enforcement agencies, and peace officer organizations that apply for a grant are encouraged to do so in collaboration with mental health centers and other community-based social service or behavioral health providers in their region. The act specifies which funding opportunities each entity may apply for.The act appropriates $1,000,000 to the department of local affairs for the grant program.(Note: This summary applies to this bill as enacted.)
The act creates a regulatory and service system to provide secure transportation services, with different requirements from traditional ambulance services, for individuals experiencing a behavioral health crisis. The department of human services shall allow for the development of secure transportation alternatives.The board of county commissioners of the county in which the secure transportation service is based (commissioners) shall issue a license to an entity (licensee), valid for 3 years, that provides secure transportation services if the minimum requirements set by rule by the state board of health are met or exceeded. The commissioners shall also issue operating permits, valid for 12 months following issuance, to each vehicle operated by the licensee. A fee may be charged for each license to reflect the direct and indirect costs to the applicable county in implementing secure transportation services licensure. The state board of health is given authority to promulgate rules concerning secure transportation licensure.The department of health care policy and financing (department) is directed to create and implement a secure transportation benefit on or before January 1, 2023. The department is required to include information on secure transportation services and benefits in its annual "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" report.The act exempts secure transportation services from regulation under the public utilities commission.For the 2021-22 state fiscal year, the act appropriates $46,800 to the department of health care policy and financing for use by the executive director's office, of which $39,993 is from the general fund and is $6,807 from the healthcare affordability and sustainability fee cash fund and provides 0.9 FTE.For the 2021-22 state fiscal year, the act appropriates $46,490 from the general fund to the department of public health and environment for use by the health facilities and emergency medical services division and provides 0.6 FTE.(Note: This summary applies to this bill as enacted.)
To fund the program implementation and administration the reintroduction and management of gray wolves, the act requires the general assembly to appropriate money to the division of parks and wildlife (division) or otherwise authorize the division's expenditure of money from one or more of the following funds:The general fund; The species conservation trust fund; The Colorado nongame conservation and wildlife restoration cash fund; or The wildlife cash fund; except that any money within the wildlife cash fund that is generated from the sale of hunting and fishing licenses or from associated federal grants is not available for appropriation. The division is also authorized to solicit, accept, and expend any grants, gifts, sponsorships, contributions, donations, and bequests, including federal funds, for the program.(Note: This summary applies to this bill as enacted.)
The act:Prohibits an agricultural employer from retaliating against any person, including an agricultural employee who is asserting protected rights, and allows an aggrieved person to assert a claim in district court or with the division of labor standards and statistics (division) in the department of labor and employment for alleged retaliation; Removes the exemption of agricultural employers and employees from the Colorado "Labor Peace Act" and authorizes agricultural employees to organize and join labor unions; engage in protected, concerted activity; and engage in collective bargaining; Removes the exemption of agricultural labor from state and local minimum wage laws; Establishes a separate minimum wage for agricultural employees engaged in the range production of livestock on the open range; Requires the director of the division to promulgate rules to establish the overtime pay of agricultural employees, to implement procedures concerning retaliation claims, to ensure access to key service providers, and for overwork protections for agricultural workers; Grants agricultural employees meal breaks and rest periods throughout each work period, consistent with protections for other employees; Requires agricultural employers to provide agricultural employees with access and transportation to key service providers; Authorizes agricultural employees to have visitors at employer-provided housing without interference from other persons; Requires agricultural employers to provide overwork and health protections to agricultural employees; Prohibits the use of the short-handled for agricultural labor except in specific circumstances; During a public health emergency, requires an agricultural employer to provide extra protections and increased safety precautions for agricultural employees; Creates rights, remedies, and enforcement actions for aggrieved agricultural employees, whistleblowers, and key service providers; and Creates the agricultural work advisory committee to study and analyze agricultural wages and working conditions. $474,657 is appropriated from the employment support fund to the department of labor and employment to implement the act, of which amount $38, 282 is reappropriated to the department of law to provide legal services to the department of labor and employment. Additionally, $193,882 is appropriated from the general fund to the department of agriculture for use by the plant industry division to implement the act.(Note: This summary applies to this bill as enacted.)
The act creates a work group that is tasked with developing a sustainable model that is not embedded in the child welfare system to better serve students. The act outlines membership in the work group, duties of the work group, and reporting requirements for the work group and commissioner of education.The act requires, in state fiscal year 2021-22 only, and within available appropriations, that the department of education distribute supplemental payments to facility schools approved by the department as of October 1, 2021. The supplemental payments must be above and beyond the current daily per pupil revenue rate as established for the 2021-22 state fiscal year.For the 2021-22 state fiscal year, the act appropriates $6,200,000 to the department of education from the general fund for the facility school work group and supplemental payments to facility schools.(Note: This summary applies to this bill as enacted.)
The act creates, initially within the department of labor and employment, the Colorado office of new Americans (ONA). The act sets forth the ONA's duties and responsibilities and provides details regarding funding. The ONA serves as the point of contact for immigrant-serving state agencies, private sector organizations, and the public about immigrant issues in Colorado, and has as one of its central purposes the successful integration and inclusion of immigrants and refugees in our state's communities. As its main priority, the ONA is required to implement a statewide strategy to facilitate economic stability and promote successful economic, social, linguistic, and cultural integration by investing in the success of immigrants in Colorado.(Note: This summary applies to this bill as enacted.)
The act addresses the following items related to landlord and tenant rights in residential rental agreements:After a complaint is filed by a landlord, the clerk of the court or the attorney for the plaintiff shall issue a summons, including information concerning filing an answer and legal aid. A court shall not enter a default writ of restitution before the close of business on the date upon which an appearance is due. Provides additional details regarding the defendant's answer, including that a defendant does not waive any defense related to proper notice by filing an answer; that the court shall set a date for trial no sooner than 7, but not more than 10, days after the answer is filed, unless the defendant agrees to waive this provision and schedule the trial for an earlier date, except that a court may extend beyond 10 days if either party demonstrates good cause for an extension or if the court otherwise finds justification for the extension. In the time after an answer is filed and before a trial occurs, the court shall order that the landlord or tenant provide any relevant documentation that either party requests. A landlord who provides a tenant with proper notice of nonpayment shall accept payment of the tenant's full amount due according to the notice, as well as any rent due under the rental agreement, at any time until a court has ordered a writ of restitution; Eliminates the bond requirement for the warranty of habitability and allows the tenant to assert an alleged breach of the warranty of habitability as an affirmative defense;Establishes allowable court procedures and remedies in cases of an alleged breach of warranty of habitability; Bans unreasonable liquidated damage clauses that assign a cost to a party stemming from a rental violation or an eviction action; Prohibits rental agreements that contain one-way fee-shifting clauses that award attorney fees and court costs only to one party; and The act prohibits a landlord of a mobile home park or a residential premises (landlord) from:Charging a tenant or mobile home owner (tenant) a late fee for late payment of rent unless the rent payment is late by at least 7 calendar days; Charging a tenant a late fee in an amount that exceeds the greater of: $50; or 5% of the amount of the rent obligation that remains past due; Requiring a tenant to pay a late fee unless the late fee is disclosed in the rental agreement; Removing, excluding, or initiating eviction procedures against a tenant solely as a result of the tenant's failure to pay one or more late fees; Terminating a tenancy or other estate at will or a lease in a mobile home park because the tenant fails to pay one or more late fees to the landlord; Imposing a late fee on a tenant for the late payment or nonpayment of any portion of the rent that a rent subsidy provider, rather than the tenant, is responsible for paying; Imposing a late fee more than once for each late payment; Requiring a tenant to pay interest on late fees; Recouping any amount of a late fee from a rent payment made by a tenant; or Charging a tenant a late fee unless the landlord provided the tenant written notice of the late fee within 180 days after the date upon which the rent payment was due. A landlord who commits a violation must pay a $50 penalty to an aggrieved tenant for each violation. Otherwise, a landlord who commits a violation has 7 days to cure the violation, which 7 days begins when the landlord receives notice of the violation. If a landlord fails to timely cure a violation, the tenant may bring a civil action to seek one or more of the following remedies:Compensatory damages for injury or loss suffered; A penalty of at least $150 but not more than $1,000 for each violation, payable to the tenant; Costs, including reasonable attorney fees if the tenant is the prevailing party; and Other equitable relief the court finds appropriate. In an action for possession or collection based upon nonpayment of rent, the tenant may assert, as an affirmative defense the landlord's alleged breach of the warranty of habitability, provided that the landlord had previously received notice of the alleged breach of the warranty of habitability. If a county or district court is satisfied that the defendant is unable to deposit the amount of rent specified into the registry of the court because the defendant is found to be indigent, as described in the act, the defendant shall not be required to deposit any amounts to raise warranty of habitability claims as an affirmative defense and the claim will be perfected.For the 2021-22 state fiscal year, the act appropriates $15,756 to the judicial department. This appropriation is from the general fund and is based on an assumption that the department will require an additional 0.2 FTE. To implement this act, the department may use this appropriation for trial court programs.(Note: This summary applies to this bill as enacted.)
