The act repeals the requirement that $500,000 of the core departmental programs appropriation to the division of reclamation, mining, and safety in the department of natural resources be annually transferred to the abandoned mine reclamation fund, which itself is repealed on July 1, 2023. The act also repeals the requirement that $127,000 be transferred to a special account in the general fund that is used by the mined land reclamation board. (Note: This summary applies to this bill as enacted.)
For fiscal years 2019-20 and 2020-21, the act specifies that: If a provider or a school district submits a certification of public expenditure pursuant to federal law, the provider or school district shall receive federal matching funds in the amount of 50% of the amount certified, and any federal financial participation in excess of 50% of the amount certified must be transferred to the general fund for the medical assistance program; The amount of increased federal financial participation in excess of 50% generated from appropriations out of the healthcare affordability and sustainability fee cash fund must be used to offset other general fund appropriations for the medical assistance program; The amount of increased federal financial participation in excess of 50% for reimbursements and payments must be transferred from the medicaid nursing facility cash fund to the general fund for the medical assistance program expenditures; and The appropriation to the university of Colorado for fee-for-service contracts for health services is reduced by the amount of federal financial participation that exceeds 50%. The act makes adjustments to the appropriations to transfer the amounts in excess of 50% to the general fund and appropriates those amounts for the medical services program. (Note: This summary applies to this bill as enacted.)
For the 2019-20 state fiscal year, the act transfers: $1,397,624 from the general fund to the capital construction fund; and $21,134,709 from the information technology capital account of the capital construction fund to the general fund. For the 2020-21 state fiscal year, the act transfers: $500,000 from the general fund exempt account of the general fund to the capital construction fund; $2,043,768 from the general fund to the capital construction fund; and $445,000 from the general fund to the information technology capital account of the capital construction fund.(Note: This summary applies to this bill as enacted.)
Existing law requires the department of local affairs (department) to award grants to counties pursuant to the community substance use and mental health services grant program (grant program) and requires the general assembly, beginning in fiscal year 2020-21, to appropriate money for the grant program from the estimated savings from House Bill 19-1263, concerning changing the penalty for certain violations pursuant to the "Uniform Controlled Substances Act of 2013". The act makes the department's requirement to issue grants subject to available appropriations, removes the requirement to appropriate money for the grant program, and states the general assembly's intent to fund the grant program with money generated from the estimated savings from House Bill 19-1263. An appropriation to the department for program costs related to field services is decreased by $66,208, and an appropriation to the department for community substance use and mental health services grants is decreased by $1,800,000. (Note: This summary applies to this bill as enacted.)
The act implements the recommendations of the department of regulatory agencies in its sunset review and report of the licensing of egg dealers by: Extending the program for 11 years, until September 1, 2031; Adding the regulation of non-chicken eggs from avian species and authorizing the commissioner of agriculture to adopt rules specifying how non-chicken eggs will be regulated; and Changing the fund where civil penalties are deposited from the inspection and consumer services cash fund to the general fund.(Note: This summary applies to this bill as enacted.)
The act: Exempts the legislative department cash fund and the redistricting account in the legislative department cash fund from the definition of "cash fund" for purposes of the requirements under the automatic cash fund funding mechanism for payment of future costs attributable to certain of the state's capital assets; Suspends the automatic cash fund funding mechanism for payment of future costs attributable to certain of the state's capital assets for the 2020-21 state fiscal year; Clarifies that any amount of money that may currently be identified in a capital reserve of the legislative department cash fund or in a capital reserve of the redistricting account is also excluded and may be used for the purposes set forth in the statute that created the cash fund; and Makes an appropriation.(Note: This summary applies to this bill as enacted.)
The employer and member contribution rates for the public employees' retirement association (PERA) are specified in statute. For the 2020-21 and 2021-22 state fiscal years only, the act decreases the employer contribution rate for employers in the judicial division of PERA by 5% and increases the member contribution rate for employees in the judicial division of PERA by 5%. The contribution rates will be changed as follows: For the 2020-21 state fiscal year, the employer contribution rate is decreased from 13.91% to 8.91% of salary and the member contribution rate is increased from 9.5% to 14.5% of salary. For the 2021-22 state fiscal year, the employer contribution rate is decreased from 13.91% to 8.91% of salary and the member contribution rate is increased from 10% to 15% of salary. The act specifies that the change in contributions does not apply to the employer or member contributions for judges employed by the Denver county court. The act does not impact the employer or member contribution rates for any of the other divisions of PERA. The appropriations made to the judicial department in the annual general appropriation act for the 2020-21 state fiscal year are reduced in accordance with the act. (Note: This summary applies to this bill as enacted.)
The act extends the income tax credit for employer contributions to employee 529 qualified state tuition programs for an additional 10 years. (Note: This summary applies to this bill as enacted.)
Under current law, commencing with the 2020-21 state fiscal year and for 3 total state fiscal years, assuming certain conditions are satisfied, the state is required to transfer $30 million from the unclaimed property trust fund to the housing development grant fund to support the provision of affordable housing statewide. The act delays the starting date for the first transfer by 2 state fiscal years. (Note: This summary applies to this bill as enacted.)
The act implements recommendations of the department of regulatory agencies' sunset review and report on the licensing functions of the commissioner of agriculture (commissioner) regarding the "Commodity Handler Act" and the "Farm Products Act", with modifications, by: Continuing the commissioner's licensing functions for 5 years, until 2025; Combining the "Commodity Handler Act" and the "Farm Products Act"; Exempting from licensure small-volume commodity handlers who buy less than $250,000 worth of commodities and farm products per year and do not buy commodities for commercial feeding of livestock; Requiring the commissioner to adopt rules by December 31, 2020, regarding financial assurance requirements, including a schedule for filing a bond with the commissioner, record keeping requirements, initial and renewal license requirements, credit sale contract requirements, standard warehouse operation requirements, and animal feeding operations capacity and requiring the department of agriculture to convene a stakeholders' group to work on drafting the rules; With regard to an action to demand payment on a surety bond or letter of credit based on the misconduct of a commodity handler or dealer, extending the date for filing the action, and thus the period of liability for which the surety or issuer of the letter of credit is required to pay a claim, from up to 180 days after the later of the date of the transaction or the date of the loss to up to 548 days (approximately 18 months) after the later of the date of the transaction or the date of the loss; Requiring the department of agriculture, on or before November 1, 2021, to submit a report to the committees of the general assembly with jurisdiction over agricultural issues summarizing the department's progress toward implementing the act; Increasing the bond amount that farm products dealers must file from between $2,000 and $200,000 to between $200,000 and $1 million; and For the definition of "small-volume dealer", repealing the limitation on the amount of farm products or commodities, based on price, that a dealer can purchase in a single transaction to qualify as a small-volume dealer.(Note: This summary applies to this bill as enacted.)
Current law specifies that on July 1, 2018, and on July 1 each year thereafter until there are no unfunded actuarial accrued liabilities of any division of the public employees' retirement association (PERA) that receives the direct distribution, the state treasurer is required to issue a warrant to PERA in an amount equal to $225 million from the general fund or any other fund. The act specifies that the state treasurer shall not issue the warrant to PERA for the 2020-21 state fiscal year. The act reduces the figures included in the annual general appropriation act for the 2020-21 state fiscal year for informational purposes to the department of the treasury for the direct distribution. The act also reduces appropriations made to various state agencies in the annual general appropriation act for the 2020-21 state fiscal year for the direct distribution. (Note: This summary applies to this bill as enacted.)
The act requires the executive director of the department of revenue to collect a fee equal to $25 per truckload for every manufacturer of fuel products who manufactures such products for sale within Colorado or who ships such products from any point outside of Colorado to a distributor within Colorado and every distributor who ships such products from any point outside of Colorado to a point within Colorado. This fee is used primarily to: Fund the perfluoroalkyl and polyfluoroalkyl substances (PFAS) cash fund; Support the department of transportation in functions related to the administration of hazardous materials and safe and efficient freight movement and infrastructure in the state as well as infrastructure projects that enhance the safety of movement of freight and hazardous materials; and Support the Colorado state patrol in the regulation of hazardous materials on highways in the state. The executive director of the department of revenue stops collecting the fee for a fiscal year once he or she has collected $8 million of these fees for that fiscal year. The act creates the PFAS cash fund, which is used to fund the PFAS grant program, fund the PFAS takeback program, and provide technical assistance in locating and studying PFAS to communities, stakeholders, and regulatory boards or commissions. The act creates the PFAS grant program. The grant program provides funding for the sampling, assessment, and investigation of PFAS in ground or surface water; water system infrastructure used for the treatment of identified perfluoroalkyl and PFAS; and emergency assistance to communities and water systems affected by PFAS. The act creates the PFAS takeback program. The takeback program is used to purchase and dispose of eligible materials that contain PFAS. The act also requires the department of public health and environment to report to the general assembly annually on the use of the PFAS cash fund and the administration of the PFAS grant program and takeback program. The act also creates new civil penalties for owners or operators of storage tanks at gasoline dispensing facilities who violate requirements to maintain a vapor collection system and for owners and operators of gasoline dispensing facilities who violate requirements to maintain records. Lastly, the act requires stakeholders from gasoline dispensing facilities and gasoline transport truck companies to collaborate with the division of administration in the department of public health and environment in creating maintenance guidelines to assist owners and operators of gasoline dispensing facilities and gasoline transport trucks in complying with the requirements of air quality control commission regulations. For the 2020-21 state fiscal year, the act appropriates $39,769 to the department of revenue from the general fund. From this appropriation, the department of revenue may use $24,750 for tax administration IT system support, $12,600 for the taxation and compliance division for personal services, and $2,419 for the taxpayer service division for the fuel tracking system. For the 2020-21 state fiscal year, the act also appropriates $1,552,558 from the hazardous materials safety fund to the department of public safety for use by the Colorado state patrol for the hazardous materials safety program. (Note: This summary applies to this bill as enacted.)
