Current law defines as a "covered facility" a stationary source of air pollutants that reported in its federal toxics release inventory filing at least one of the following amounts of the following "covered air toxics" in one year:For hydrogen cyanide, 10,000 pounds; For hydrogen sulfide, 5,000 pounds; and For benzene, 5,000 pounds. The act changes the definition of "covered facility" to include specific listed North American industry classification system codes and expands upon the requirements applicable to covered facilities by:Directing the air quality control commission to consider, at least every 5 years, adding new types of covered facilities and covered air toxics; Requiring that a covered facility's outreach to communities near the covered facility be conducted in the 2 most prevalent languages spoken in the communities; and Requiring covered facilities to conduct real-time fenceline monitoring of covered air toxics and to publicly report the results of the monitoring. The act also requires the division of administration in the department of public health and environment to:Establish notification thresholds for covered air toxics, the exceedance of which covered facilities must disclose to the affected community; and Conduct community-based monitoring of covered air toxics in areas near covered facilities and to publicly report the results, and authorizes the division to spend up to $800,000 from the general fund to buy a mobile air-quality monitoring van to use for community-based monitoring. The act appropriates $480,939 from the stationary sources control fund to the department of public health and environment to implement the act, of which $12,761 is reappropriated to the department of law for the provision of legal services to the department of public health and environment and $283,896 is reappropriated to the office of the governor for use by the office of information technology for the provision of information technology services for the department of public health and environment.(Note: This summary applies to this bill as enacted.)
Veterans who have disabilities may obtain a special license plate without paying taxes or fees for the plate or the vehicle. For additional vehicles, the veteran pays the normal fees plus 2 one-time fees of $25, one of which goes to the highway users tax fund and the other goes to the licensing services cash fund.The act creates a license plate that honors United States women veterans who have disabilities. The requirements and benefits are substantially the same as they are for a disabled veteran license plate.For the 2021-22 state fiscal year, $5,481 is appropriated for use by the division of motor vehicles to implement the act.(Note: This summary applies to this bill as enacted.)
The act creates the Special Olympics Colorado license plate for motor vehicles. A person qualifies for issuance of the plate if the person makes a donation to a designated nonprofit organization. The designated nonprofit organization must:Be headquartered in Colorado; Have existed for at least 40 years; Provide year-round sports training and athletic competitions for children and adults with intellectual disabilities; Collaborate with schools throughout Colorado to bring students together through shared activities that include sports, leadership opportunities, and health education and fitness; and Ensure that the donation is spent in Colorado to support athletes with intellectual disabilities. In addition to the normal fees for a license plate, a person must pay 2 additional one-time fees for the issuance of the plate. One of these fees is credited to the highway users tax fund and the other fee is credited to the licensing services cash fund.For the 2021-22 state fiscal year, the act appropriates $13,460 for use by the division of motor vehicles to implement the act.(Note: This summary applies to this bill as enacted.)
The act requires each law enforcement agency that employs a peace officer who is required to be peace officers standards and training board (P.O.S.T.) certified to adopt written policies and procedures concerning eyewitness identifications, which must be consistent the provisions of this act. Beginning January 1, 2022, each law enforcement agency that uses a showup shall collect for each showup the date, the technique that was used, the gender and race of the suspect, the alleged crime, and the outcome of the showup. Each law enforcement agency shall create an annual report of the data collected.The act directs that a peace officer may only utilize a showup:Following the report of a crime, when a peace officer, acting on reasonable suspicion, has detained a subject in the crime within minutes of the commission of the crime and near the location of the crime; When, given the circumstances, neither a live lineup nor a photo array isavailable as a means of identification and the eyewitness reasonably believeshe or she can identify the subject; To verify the identity of an intimate relationship in a domestic violence case; or To confirm the identity of a familial subject, including a parent, child, or sibling known to the eyewitness. Beginning January 1, 2022, a P.O.S.T.-certified peace officer must comply with certain conditions when conducting a showup. The act requires a court to consider any failure by law enforcement to comply with the showup conditions if there is a challenge to the showup identification. The act directs a peace officer conducting a showup to communicate to the eyewitness certain information and instructions about the showup process, and the eyewitness must agree to comply with the instructions for the showup to proceed.Under current law, local law enforcement agencies must begin collecting certain data relating to contacts conducted by the agencies' peace officers. The act adds data related to showups to that collection requirement beginning in 2023.(Note: This summary applies to this bill as enacted.)
Beginning July 1, 2022, the act prohibits a local jail with a bed capacity of over 400 beds from involuntarily placing an individual in restrictive housing if the individual meets any one of the following conditions:The individual is diagnosed with a serious mental illness or is exhibiting grossly abnormal and irrational behaviors or breaks with reality or perceptions of reality indicating the presence of a serious mental illness; The individual has self-reported a serious mental illness or suicidality, or is exhibiting self-harm, unless a licensed mental health professional or psychiatrist evaluates the individual and finds serious mental illness is not present; The individual has a significant auditory or visual impairment that cannot otherwise be accommodated; The individual is pregnant or in the postpartum period; The individual is significantly neurocognitively impaired by a condition such as dementia or a traumatic brain injury; The individual is under 18 years of age; or The individual has an intellectual or developmental disability. The prohibition does not apply if:Any indication of psychological distress is present and the jail transferred the individual to a health-care facility to receive treatment and the individual is refused treatment or discharged by the health-care facility; and The individual poses an imminent danger to themselves or others; and No other less restrictive option is available and the individual is not responding to ongoing de-escalation techniques. When an individual is placed in restrictive housing under the above circumstances, the local jail shall:Document the facts and circumstances that led to placing the individual into restrictive housing; Notify its medical or mental health professionals in writing within 12 hours of placing an individual in restrictive housing; Notify the individual's appointed or retained legal representative, designated emergency contact, or legal guardian within 12 hours of the individual's involuntary placement and removal in restrictive housing; At least twice per hour, check on an individual involuntarily placed in restrictive housing. If the individual is violent, demonstrating unusual or bizarre behavior, or has indicated suicidality or self-harm, the local jail staff shall monitor the individual every fifteen minutes or more frequently, unless a medical or mental health professional recommends more frequent or less frequent checks. Every 24 hours, assess the individual involuntarily placed in restrictive housing by a medical or mental health professional and have a mental health professional assess the individual every 48 hours for ongoing placement in restrictive housing; Provide the individual a clear explanation of the reason the individual has been placed in restrictive housing, the monitoring procedures that the local jail will employ to check the individual, the date and the time, when the individual's next court date is, and the behavioral criteria the individual must demonstrate to be released from restrictive housing; Not hold the individual in restrictive housing for more than 15 days in a 30-day time period without a written court order; and Supply the individual with basic hygiene necessities; exchanges of clothing, bedding, and linen; access to writing letters or receiving letters; opportunities for visitation; access to legal materials; access to reading materials; a minimum of one hour of outdoor exercise 5 days a week outside of the cell; telephone privileges; and access to programs and services. The act requires medical or mental health professional to assess any individual placed in restrictive housing within 24 hours of placement.The act requires a local jail to use an adequate screening tool to complete a health screening of each inmate when the inmate arrives at the jail.Beginning January 1, 2022, the act requires each local jail to keep and maintain a record of certain data regarding each individual placed in restrictive housing and certain data regarding each individual with a mental illness or substance use disorder.(Note: This summary applies to this bill as enacted.)
The act exempts an employee or person acting on behalf of the office of the child protection ombudsman (ombudsman) from testifying in a civil or criminal proceeding in which the ombudsman is not a legal party. The act prohibits information, documents, and reports requested and reviewed by the ombudsman from being subpoenaed in a civil or criminal proceeding in which the ombudsman is not a legal party.The act authorizes the ombudsman to receive information, records, or documents related to an incident of egregious abuse or neglect, near fatality, or fatality of a child during the course of an investigation of a complaint. The department of public health and environment's child fatality prevention review team shall provide the ombudsman the nonidentifying case review findings and recommendations related to an investigation of a complaint. The department of human services' child fatality review team shall provide the ombudsman the final confidential, case-specific review report related to an investigation of a complaint. If electronic copies are not available, the ombudsman shall access, review, and receive copies of documents without cost to the ombudsman.(Note: This summary applies to this bill as enacted.)
For each of the 2021-22, 2022-23, and 2023-24 state fiscal years, the act requires the general assembly to appropriate $21,090,149 to the department of public health and environment as follows:$10,000,000 for distributions to local public health agencies; and $11,090,149 for disease control and public health response. The appropriation for the 2021-22 fiscal year is from the economic recovery and relief cash fund, which is comprised of money received by the state pursuant to the federal "American Rescue Plan Act of 2021". The appropriations for the 2022-23 and 2023-24 fiscal years will be from the general fund.(Note: This summary applies to this bill as enacted.)
The act appropriates $15,000,000 from the workers, employers, and workforce centers cash fund and the federal coronavirus recovery fund to the department of higher education for the Colorado opportunity scholarship initiative's displaced workers grant.(Note: This summary applies to this bill as enacted.)
Current law imposes a limitation on the permit, application review, or any other related or associated fees that may be assessed by counties, municipalities, state agencies, and political subdivisions of the state for the installation of an active solar electric or solar thermal device or system. The act modifies this language so that the limitation applies to the aggregate of all charges or other related or associated fees the state, a county, municipality, state agency, or any other political subdivision of the state (governmental bodies) imposes or assesses for the installation of an active solar energy system.The act sets a limit on the aggregate of all charges or other related or associated fees any governmental body may impose or assess to install an active solar energy system of $500 for a residential permit and $1,000 for a commercial permit. In the case of a nonresidential application, on an individual installation basis only, if the governmental body incurs actual costs for issuing the permit that are greater than $1,000, the governmental body is entitled to recovery of its actual costs for issuing the permit by submitting in writing and disclosing to the applicant for the particular permit proof of the governmental body's actual costs.In connection with existing statutory requirements affecting state agencies and political subdivisions, the act clarifies that the duty to clearly and individually identify all fees and taxes assessed on an application on the invoice lies with the state or any agency, institution, authority, or political subdivision of the state.Under existing law, one component of determining the lawful fee for issuing a permit or reviewing an application requires a comparison of the lesser of the actual costs of providing such services or $500 for a residential application. The act restricts a governmental body from increasing its fees or other charges by more than 5% on an annual basis until the $500 limitation is achieved.The act also extends the repeal date of the fee limitation from July 1, 2025, to December 31, 2029.(Note: This summary applies to this bill as enacted.)
Section 1 of the act requires owners of certain large buildings (covered buildings), on an annual basis, to collect and report to the Colorado energy office (office) the covered building's energy use. The act establishes a process requiring certain electric and gas utilities to provide energy-use data to a covered building owner when requested by the covered building owner.On or before October 1, 2021, the director of the office is required to appoint and convene a task force consisting of various building owners, building professionals, utility representatives, and local government representatives to recommend performance standards for adoption as rules by the air quality control commission (commission). The performance standards set forth in rule would need to achieve a reduction in greenhouse gas emissions of 7% by 2026 compared to 2021 levels as reported in energy benchmarking data and by 20% by 2030 compared to 2021 levels. The performance standards adopted must include a provision that an owner of a public building need only comply with the performance standards with regard to certain types of construction or renovation projects and only if the construction or renovation project has an estimated cost of at least $500,000. Covered building owners would then need to demonstrate their compliance with the performance standards set forth in the commission's rules. The commission is also required to adopt rules regarding the issuance of waivers and extensions of time for performance standard compliance. The commission may adopt additional rules, as the commission deems necessary, to modify or continue the performance standards.Section 2 authorizes the office to use the energy fund to help finance its work to administer the benchmarking and performance standard program described in section 1 (program).Section 3 requires the office to administer the program and assist covered building owners with the reporting requirements set forth in section 1 by:Creating a database of covered buildings and owners required to comply with section 1; Tracking compliance with the program and providing a list of noncompliant owners of covered buildings to the division of administration in the department of public health and environment; Developing publicly available, digitally interactive maps and lists showing the energy-use and performance-standard data reported; Coordinating with any local government that implements its own energy benchmarking requirements or energy performance program, including coordination of reporting requirements; and Collecting an annual fee from owners of covered buildings of $100 per covered building; except that owners of public buildings are exempt from paying the fee. The office is required to transfer the fees collected to the state treasurer, who will credit the fees to the climate change mitigation and adaptation fund (fund) created in section 3. Section 4 imposes penalties for violations of the benchmarking requirements in amounts up to $500 for a first violation and up to $2,000 for each subsequent violation. The commission is required to establish by rule civil penalties for a violation of the commission's performance standards in an amount not to exceed $2,000 for a first violation and $5,000 for a subsequent violation.Section 5 modifies the definition of an "energy performance contract" that a governing body of a municipality, county, special district, or school district (board) enters into for evaluation, recommendations, or implementation of energy saving measures to remove requirements that a board's payment for goods and services pursuant to the contract be made within a certain number of years of the contract's execution.(Note: This summary applies to this bill as enacted.)
The sale of wood and wood products from trees killed by pine and spruce beetles in the state was exempt from sales and use tax from 2008 through June 2020. The act extends the exemption from July 1, 2021, through June 2026.(Note: This summary applies to this bill as enacted.)
The act implements various recommendations of the legislative oversight committee concerning the treatment of persons with mental health disorders in the criminal and juvenile justice systems regarding juveniles who have committed sex offenses, including:Specifying that if a juvenile who is moving to Colorado would be otherwise required to register on Colorado's sex offender registry (registry) but the juvenile's duty to register in another state has been terminated by a court order, then the juvenile is not required to register or petition the court for removal from the registry; Expanding judicial discretion at the time of sentencing to exempt from registration or from requiring juveniles to register for all first offense registerable juvenile sex crimes if a sex offender management board evaluator recommends exemption and the juvenile is otherwise statutorily eligible; Adding language to adult or juvenile provisions that currently reference only crimes defined as "unlawful sexual behavior" to also include convictions and adjudications for nonsexual crimes where there has been, pursuant to statute, a judicial finding of an underlying factual basis involving unlawful sexual behavior; Adding a requirement for the court to send notice before the end of each juvenile's sentence concerning a juvenile's duty to register and set a hearing to consider the juvenile's ongoing duty to register; Adding language that if a person is required to register due to an adjudication or disposition as a juvenile, the duty to register automatically terminates either when the person reaches 25 years of age or 7 years from the date the juvenile was required to register, whichever occurs later; Adding language that if a person whose duty to register has automatically terminated either attempts to register or inquires with local law enforcement as to whether the duty to register has automatically terminated, local law enforcement shall advise the person that the person's duty to register terminated, remove the person from any local law enforcement registry, and notify the Colorado bureau of investigation (CBI) that the person's duty to register has terminated. Local law enforcement or the CBI may charge a fee, not to exceed $15, to determine whether a person's duty to register has terminated. Allowing a person whose duty to register arose from an adjudication or disposition as a juvenile, and whose duty to register automatically terminated when the person reached 25 years of age or 7 years had passed from the date the person was required to register, whichever was later, but the person's name has not already been removed from the sex offender registry, to petition for an order to remove the person's name from the sex offender registry; Changing the current law that allows the Colorado bureau of investigation (CBI) to inform a requesting party if a person is on the registry so that the CBI may release information about a juvenile only under certain restrictions; Requiring the CBI to collect data on the number of times information is requested and released concerning juveniles on the registry; Creating a new unclassified misdemeanor for members of the public who submit a false statement to the CBI for purposes of obtaining juvenile registry information or who use such information in a prohibited manner; Updating current law regarding the posting of information on the registry to the internet to specifically exclude juveniles; Clarifying that a local law enforcement agency may not release or post on its website information regarding juveniles on the registry; Changing current law that requires lifetime registration for an adult who has more than one adjudication as a juvenile so that juvenile adjudications alone may not trigger mandatory lifetime registration; and Updating language in the Colorado "Crime Victim Rights Act" to clarify victim rights when a petition or motion is made to terminate sex offender registration. For the 2021-22 state fiscal year, the act appropriates $7,200 to the department of public safety for use by the Colorado bureau of investigation. This appropriation is from the general fund. To implement this act, the division may use this appropriation for CCIC program support operating expenses related to the Colorado crime information center.(Note: This summary applies to this bill as enacted.)
