Income tax - credit for donation of conservation easement - extend repeal of conservation easement oversight commission and easement holder certification program - alternative valuation method - conservation easement working group - disclosure form - access to COMaP. A conservation easement is an agreement in which a property owner agrees to limit the use of his or her land in perpetuity in order to protect one or more specified conservation purposes. The instruments creating the conservation easement are recorded in the public records affecting the ownership of the property. The conservation easement is held by a third party (holder), which monitors the use of the land and ensures that the terms of the agreement are upheld. A state income tax credit is currently allowed for a portion of the value of a donated conservation easement. The statutes establishing the conservation easement oversight commission and the program to certify conservation easement holders in the division of conservation are currently set to repeal on July 1, 2019. The act extends the repeal dates for each to July 1, 2026. In addition, the act: Eliminates a requirement that the board of real estate appraisers establish education and experience requirements for conservation easement appraisers; Relocates and modifies certain provisions governing the creation and valuation of conservation easements; Allows the division of conservation to use an alternative method acceptable to the division and the conservation easement oversight commission to value a conservation easement; Modifies provisions governing a conservation easement working group convened to address specified issues relating to claiming a state income tax credit for the donation of a conservation easement; Requires the owner of property who is granting a conservation easement to execute a disclosure form developed by the division of conservation and the conservation easement oversight commission regarding the easement; Modifies provisions governing when a conservation easement may be extinguished; Prohibits a conservation easement for which a state income tax credit has been allowed from being released, terminated, extinguished, or abandoned by merger, which occurs when the same entity holds both the easement and the land subject to the easement; Increases the total amount that may be claimed as an income tax credit for an individual donation of a conservation easement, but limits the amount that may be claimed per year; and Makes a $250,000 appropriation to Colorado state university to facilitate the provision of public access to the Colorado ownership, management, and protection (COMaP) service which maintains a database and corresponding map of conservation easements and other protected lands in Colorado. Additionally, the act makes conforming amendments to certain statutory sections contained in HB 19-1172, which recodifies title 12, Colorado Revised Statutes, to ensure that the provisions of the act will be effective as a result of HB 19-1172 becoming law. Specifies that certain sections take effect only if House Bill 19-1172 becomes law. (Note: This summary applies to this bill as enacted.) Read More
Electric utility easements - installation of broadband facilities in easements - broadband suppliers' provision of broadband using facilities - notice requirements - conditions. The act authorizes an electric utility that has an electric easement on real property or a commercial broadband supplier designated by the electric utility to act on the electric utility's behalf, after having provided advanced notice to the owner of the real property and to any interest holder in the real property that has requested notice , to install, maintain, or own a broadband facility within the electric easement or to lease any excess capacity of such facility to a commercial broadband supplier. The broadband facility may be installed, maintained, or owned aboveground within the electric easement if the facility is attached to the electric utility's electric service infrastructure. An electric utility or a designated commercial broadband supplier may maintain or own an underground broadband facility within the electric easement only if the facility existed before notice was delivered to the property owner and to interest holders requesting notice pursuant to the act. An electric utility may assign its rights under the act to install, maintain, own, or lease excess capacity of broadband facilities. The terms and conditions of a written electric easement, including any notice requirements related to entering the real property on which the electric easement is located, apply; except that any terms and conditions that prohibit the electric utility from exercising the rights authorized under the act do not apply. The act establishes a 2-year limitations period within which an interest holder may bring a claim against an electric utility or commercial broadband supplier with regard to the electric utility's or commercial broadband supplier's exercise of rights under the act; except that the statutory limitations period does not apply to claims based on physical damage to property, injury to natural persons, or breach of the terms and conditions of a written electric easement. Damages for claims subject to the statutory limitations period are limited to damages that existed at the time that the electric utility or commercial broadband supplier first exercised its rights under the act at issue and measured by the fair market value of the reduction in value of the interest holder's interest in the real property. An electric utility or commercial broadband supplier exercising rights under the act: Cannot discriminate among commercial broadband suppliers, including with respect to leasing fees charged and pole access provided, in offering or granting rights to install or attach broadband facilities; Is required to charge just and reasonable pole attachment fees; and May only withhold authorization to a commercial broadband supplier to install, maintain, own, operate, or use broadband facilities on the electric utility's electric service infrastructure if there is insufficient capacity for the broadband facilities or for reasons of safety or reliability concerns or engineering considerations that weigh against granting an authorization. An electric utility shall not directly provide retail commercial broadband service but a broadband affiliate of the electric utility may do so if: A separate accounting system is maintained for the broadband affiliate; An independent certified public accountant performs a financial audit of the broadband affiliate within 2 years after it commences retail commercial broadband service and at least once every 2 years thereafter; and The electric utility does not cross-subsidize the broadband affiliate or the broadband affiliate's provision of commercial broadband service. A commercial broadband supplier that is unaffiliated with an electric utility may request that the electric utility and a broadband affiliate of the electric utility, if they are exercising rights under the act, certify that the electric utility and the broadband affiliate are in compliance with the act. The certification is admissible in court in any action that arises between the unaffiliated commercial broadband supplier and the electric utility or broadband affiliate. (Note: This summary applies to this bill as enacted.) Read More
Anti Strategic lawsuit against public participation - motions to dismiss - appeal. The act establishes an expedited process for a court to follow in a civil action in which a defendant files a motion to dismiss based upon the fact that the defendant was exercising the defendant's constitutional right to petition the government or of free speech. The act also authorizes an interlocutory appeal of the granting or certain denials of the motion to dismiss.(Note: This summary applies to this bill as enacted.) Read More
Fire and police pension association - entry for social security employers - participation in defined benefit system. The board of the fire and police pension association (association) is authorized to allow an employer that covers employees under the federal "Social Security Act" whose duties are directly involved with the provision of law enforcement or fire protection (employer) and that is eligible to participate in the social security supplemental plan established by the association to alternatively elect to participate in one or more of the defined benefit plans administered by the association with full benefits and unreduced contribution rates. An employer that elects to affiliate with the association to participate in a defined benefit plan is required to make the election through the governing board of the local government or county. An application for coverage by the association is required to be approved by at least 65% of all active members employed by the employer who vote in the election proposing coverage. The board of the association is authorized to adopt rules to allow an employee of the affiliating employer to elect to remain in a predecessor plan and not have coverage by the association. All active employees at the time of affiliation with the association, with the exception of employees who elect to remain in a predecessor plan, and all employees who are hired after affiliation will become participants in the association and such participation cannot be revoked. (Note: This summary applies to this bill as enacted.) Read More
Accountability - local accountability system grant program - supplemental performance report - alternative format - evaluation - reporting - appropriation. The act creates the local accountability system grant program (grant program) in the department of education (department) to provide grant money to local education providers that adopt local accountability systems to supplement the state accountability system. A local accountability system may include additional measures for determining achievement of the state performance indicators and additional indicators of student success, but the measures do not affect the accreditation rating assigned to a school district or the type of plan that a school must adopt. A local education provider may use grant money to work with one or more accountability system partners, which may be public or private institutions of higher education or private nonprofit entities. The department shall review applications and recommend to the state board of education (state board) the applicants that may receive a grant and the amount of the grant. The state board shall award the grants subject to available appropriations. The department may also accept and expend gifts, grants, and donations for the grant program and the summary evaluation report. A local education provider that adopts a local accountability system may submit to the department a supplemental performance report that includes information collected through the local accountability system. The local education provider may also use an alternative format for the type of performance plan that the local education provider is required to implement. The department must post the supplemental performance reports and alternatively formatted plans on the department's data portal. Starting no later than July 15, 2020, the department must convene an annual meeting of the local education providers that implement local accountability systems to share information. Beginning January 15, 2021, the department shall submit an annual report to the state board and the education committees of the general assembly concerning implementation of local accountability systems and implementation of the grant program. The department shall also post the report on its website and, upon request of a local education provider, provide information concerning the measures implemented through local accountability systems. Starting in the third year of the grant program, the department must contract with an external evaluator to prepare an annual summary evaluation report of the implementation of the local accountability systems that receive grants. The department must include the summary evaluation in the annual report. For the 2019-20 fiscal year, the act appropriates $493,097 from the general fund to the department of education to implement the local accountability system grant program. (Note: This summary applies to this bill as enacted.) Read More
Alcohol beverages - hard cider - exclusion from Colorado Wine Industry Development Act - exemption from excise tax on produce - appropriation. The act: Removes hard cider from the definition of "wine" for purposes of the "Colorado Wine Industry Development Act"; and Exempts produce used in the production of hard cider from the excise tax deposited in the Colorado wine industry development fund. $2,000 is appropriated to the department of revenue from the general fund for tax administration IT system support. (Note: This summary applies to this bill as enacted.) Read More
Medical practice - physician assistants - supervision requirements - liability - representation on Colorado medical board - appropriation. The act establishes supervisory requirements for physician assistants who: Have practiced for less than 3 years; Have practiced for 3 years or more; or Have practiced for at least 12 months and are making a substantive change in their scope of practice or practice area. The act states that a licensed physician may be responsible for the direction and supervision of up to 8 physician assistants at any one time. A licensed physician shall not be made responsible for the direction and supervision of more than 4 physician assistants unless the licensed physician agrees to assume the responsibility. The act adds one more physician assistant as a member of the Colorado medical board (board), for a total of 2 physician assistant members, and adds a fourth member to the licensing panel established by the board president, which fourth member must be a physician assistant board member. The act states that a physician assistant who has practiced for at least 3 years may be liable for damages resulting from negligence in providing care to a patient, unless the damages occur as a result of the physician assistant following a direct order from a supervising physician, and shall maintain professional liability insurance in an amount not less than $1 million per claim and $3 million for all claims. For the 2019-20 fiscal year, the act appropriates $4,650 to the department of regulatory agencies for use by the division of professions and occupations. Specified provisions of the act are contingent upon House Bill 19-1172 becoming law. (Note: This summary applies to this bill as enacted.) Read More
Tenants and landlords - bed bugs in residential premises. The act requires a tenant to promptly notify the tenant's landlord via written or electronic notice when the tenant knows or reasonably suspects that the tenant's dwelling unit contains bed bugs. A tenant who gives the notice electronically shall send it only to the e-mail address, telephone number, or electronic portal specified by the landlord in the rental agreement for communications. In the absence of such a provision in the rental agreement, the tenant shall communicate with the landlord in a manner that the landlord has previously used to communicate with the tenant. The tenant shall retain sufficient proof of the delivery of the electronic notice. Not more than 96 hours after receiving notice of the presence or possible presence of bed bugs, a landlord: Shall inspect or obtain an inspection by a qualified inspector of the dwelling unit; and May enter the dwelling unit or any contiguous unit for the purpose of conducting the inspection. If the inspection of a dwelling unit confirms the presence of bed bugs, the landlord shall also cause to be performed an inspection of all contiguous dwelling units as promptly as is reasonably practical. With certain exceptions, a landlord is responsible for all costs associated with inspection for, and treatment of, the presence of bed bugs. If a landlord, qualified inspector, or pest control agent must enter a dwelling unit for the purpose of conducting an inspection for, or treating the presence of, bed bugs, the landlord shall provide the tenant reasonable written or electronic notice before the landlord, qualified inspector, or pest control agent attempts to enter the dwelling unit. A tenant who receives the notice shall not unreasonably deny access to the dwelling unit. A tenant shall comply with reasonable measures to permit the inspection for, and treatment of, the presence of bed bugs, and the tenant is responsible for all costs associated with preparing the tenant's dwelling unit for inspection and treatment. A tenant who knowingly and unreasonably fails to comply with inspection and treatment requirements is liable for the cost of subsequent bed bug treatments of the dwelling unit and contiguous units if the need for the treatments arises from the tenant's noncompliance. If any furniture, clothing, equipment, or personal property belonging to a tenant is found to contain bed bugs, the qualified inspector shall advise the tenant that the furniture, clothing, equipment, or personal property should not be removed from the dwelling unit until a pest control agent determines that a bed bug treatment has been completed. The tenant shall not dispose of personal property that was determined to contain bed bugs in any common area where such disposal may risk the infestation of other dwelling units. A landlord shall not offer for rent a dwelling unit that the landlord knows or reasonably suspects contains bed bugs. Upon request from a prospective tenant, a landlord shall disclose to the prospective tenant whether, to the landlord's knowledge, the dwelling unit that the landlord is offering for rent contained bed bugs within the previous 8 months. Upon request from a tenant or a prospective tenant, a landlord shall disclose the last date, if any, on which a dwelling unit being rented or offered for rent was inspected for, and found to be free of, bed bugs. A landlord who fails to comply with the requirements of the act is liable to the tenant for the tenant's actual damages. A landlord may apply to a court of competent jurisdiction to obtain injunctive relief against a tenant who refuses to provide reasonable access to a dwelling unit or fails to comply with a reasonable request for inspection or treatment of a dwelling unit. (Note: This summary applies to this bill as enacted.) Read More
Pharmacy technicians - regulation by state board of pharmacy - certification - provisional certification - criminal history record checks - renewal - continuing education - unprofessional conduct - discipline - supervision by pharmacist - authorized activities - sunset review - appropriation. The act requires pharmacy technicians practicing in Colorado on or after March 30, 2020, to obtain a certification from the state board of pharmacy (board). An applicant for certification by the board must provide proof of certification by a board-approved, nationally recognized organization that certifies pharmacy technicians and must either submit to a criminal history record check in the form and manner determined by the board by rule or provide evidence of submitting to a criminal history record check at the time of hire or as a condition of national certification as a pharmacy technician. If an applicant is not certified by a national certifying organization at the time of application for state certification, the board may grant a provisional certification to the applicant to allow the applicant up to 18 months or, if granted a hardship extension, an additional period determined by the board, to obtain national certification. A provisional certification is not renewable, and if the provisional certificant fails to obtain the national certification within the 18-month period or extended period granted by the board, the provisional certification expires and the person cannot practice as a pharmacy technician until the person satisfies all requirements for certification by the board. To renew a certification, in addition to board requirements for renewal, a pharmacy technician must satisfy renewal and continuing education requirements of the national accrediting organization that certified the pharmacy technician. Similar to pharmacists and interns, a pharmacy technician certified by the board is subject to the jurisdiction of the board and to discipline by the board for engaging in unprofessional conduct. The act maintains the limitation on the number of interns and pharmacy technicians that a pharmacist may supervise but specifies that if the pharmacist is supervising 3 or more pharmacy technicians, a majority of the pharmacy technicians must be certified and all others must hold a provisional certification. The regulation of pharmacy technicians by the board is subject to the same sunset review that applies to the board and its functions in regulating the practice of pharmacy. $183,063 is appropriated from the division of professions and occupations cash fund to the department of regulatory agencies (DORA) to implement the act, of which $15,545 is reappropriated to the department of law for legal services for DORA. Additionally, $128,188 is appropriated from the Colorado bureau of investigation identification unit fund to the department of public safety for use by the biometric identification and records unit to perform criminal history record checks. Specified provisions of the act are contingent upon House Bill 19-1172 becoming law. (Note: This summary applies to this bill as enacted.) Read More
Colorado water conservation board construction fund - project and loan authorizations - appropriations - transfers. The act appropriates the following amounts from the Colorado water conservation board (CWCB) construction fund (fund) to the CWCB or the division of water resources in the department of natural resources for the following projects: Continuation of the satellite monitoring system operation and maintenance, $380,000 (section 1 of the act); Continuation of the Colorado floodplain map modernization program, $500,000 (section 2); Continuation of the weather modification permitting program, $175,000 (section 3); Continuation of the Colorado Mesonet project, $150,000 (section 4); Continuation of instream flow engineering support services, $250,000 (section 5); Acquisition of LIDAR data, $200,000 (section 6); and Technical assistance grants for beneficiaries of the federal "Colorado River Storage Project Act", $200,000 (section 7). The state treasurer will make the following transfers from the fund: Up to $2,000,000 on July 1, 2019, to the litigation fund (section 8); and $2,500,000 on June 30, 2019, to the water supply reserve fund (section 9). Section 10 appropriates $17,500,000 from the fund to the CWCB for continuing implementation of the state water plan as follows: Up to $4,000,000 to support watershed health goals; Up to $3,000,000 to facilitate the development of additional storage, artificial recharge into aquifers, and dredging existing reservoirs; Up to $1,000,000 for agricultural projects; Up to $1,000,000 for grant funding to implement long-term strategies for conservation, land use, and drought planning; Up to $500,000 for grants for water education, outreach, and innovation efforts; Up to $1,500,000 for environmental and recreational projects; Up to $1,000,000 to provide continued funding for the alternative agricultural grant program; and Up to $5,500,000 to fund updates to basin implementation plans, improve basin data collection and metrics for tracking state water plan implementation, and for use of the data for future updates of the state water plan. Section 11 authorizes the CWCB to make loans up to $15,150,000 from the fund for the Walker recharge project, a water supply retiming effort that uses the alluvial aquifer of the South Platte river to increase irrigation opportunities for agricultural production. Current law: Makes money appropriated for use in Republican river matters available until June 30, 2019; section 12 extends availability until the money is fully expended; Authorizes and directs the state treasurer to transfer $200,000 from the fund to the feasibility study small grant fund; section 13 makes this an annual obligation on July 1 of each year and increases the transfer cap to $500,000 in order to restore the unencumbered balance in the fund up to $500,000; and Creates the flood and drought response fund; section 14 authorizes and directs the state treasurer to annually transfer money on July 1 of each year from the fund to the flood and drought response fund to restore the unencumbered balance in the flood and drought response fund to $500,000. Section 15 changes a continuing annual transfer established in statute of $10 million from the severance tax perpetual base fund to the fund for implementation of the state water plan to a single transfer of $10 million on July 1, 2019. (Note: This summary applies to this bill as enacted.) Read More
Retained excess state revenues - public schools, higher education, and roads, bridges, and transit - further allocation. The act is contingent on voters approving a related referred measure to annually retain and spend state revenues in excess of the constitutional spending limit. The act requires 1/3 of this money in the account to be allocated for each of the following purposes: Public schools; Higher education; and Roads, bridges, and transit. The general assembly is required to appropriate the money for public schools and higher education for the state fiscal year after the state retains the revenue under the authority of the voter-approved revenue change. The money appropriated for public schools must be distributed on a per pupil basis and used by public schools only for nonrecurring expenses for the purpose of improving classrooms, and it may not be used as part of a district reserve. The state treasurer is required to transfer the remaining 1/3 of the money to the highway users tax fund (HUTF), and this money is further allocated 60% to the state highway fund, 22% to counties, and 18% to cities and incorporated towns. No more than 85% of the money allocated to the state highway fund may be expended for highway purposes or highway-related capital improvements and at least 15% must be expended for transit purposes or for transit-related capital improvements. (Note: This summary applies to this bill as enacted.) Read More
Colorado fire commission - creation - powers and duties - repeal - appropriation. The Colorado fire commission (commission) is created in the division of fire prevention and control in the department of public safety. The commission's purpose is to enhance public safety in Colorado through an integrated statewide process focused on the fire service's capacity to conduct fire management and use, preparedness, prevention, and response activities to safeguard lives, property, and natural resources, and increase the resiliency of local and regional communities. The commission is charged with developing an accurate understanding of Colorado's fire problems, reviewing the current emergency fire fund program, evaluating the funding mechanisms for effective response to large fires, assessing the capacity of the state to provide emergency fire support and technical expertise to local communities, developing performance measures of overall response effectiveness, strengthening statewide and regional coordination, developing best practice recommendations related to high-risk occupancies, developing and publishing an assessment of fire treatment costs and cost distribution, developing methodical approaches to Colorado's fire service concerns, and forecasting upcoming funding and resource challenges. The commission may establish task forces to study and make recommendations on specific subjects within the commission's areas of study. The commission is repealed, effective September 1, 2024, and is subject to a sunset review prior to its repeal. The act appropriates $174,183 to the department of public safety for use by the division of fire prevention and control for the implementation of the act. (Note: This summary applies to this bill as enacted.) Read More
