The bill amends the definition of 'marijuana' to exclude prescription drug products approved by the federal food and drug administration and dispensed by a pharmacy or prescription drug outlet registered by the state of Colorado. The bill also specifies that the change does not restrict or otherwise affect regulation of or access to: Marijuana that is authorized the Colorado constitution and statutes; or Industrial hemp and derivatives therefrom, as authorized by the Colorado constitution and statutes.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill requires each municipality, on and after January 1, 2020, to provide independent indigent defense for each indigent defendant facing a possible jail sentence for a violation of a municipal ordinance. Independent indigent defense requires, at minimum, that a nonpartisan entity independent of the municipal court and municipal officials oversee the provision of indigent defense counsel. To satisfy this requirement, a municipality may: Contract directly with defense attorneys to provide independent indigent defense; or Establish a local or regional independent indigent defense commission to appoint and supervise defense counsel. A municipality that contracts directly with defense attorneys to provide independent indigent defense shall ensure that oversight of such attorneys is provided by the office of alternate defense counsel, by a legal aid clinic at an accredited Colorado law school, or by a local or regional independent indigent defense commission. The bill requires the state public defender to appoint the members of any local or regional independent indigent defense commission. The bill sets forth an annual timeline by which a municipality may request and potentially receive the services of the office of alternate defense counsel to: Evaluate the provision of defense counsel to indigent defendants; or Provide defense counsel to indigent defendants at the expense of the municipality.(Note: This summary applies to this bill as introduced.) , Read More
The bill requires a person swearing an oath of office for a public office or position to do so by swearing by the everliving God. The bill also requires the person swearing the oath of office to do so with an uplifted hand. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Current law authorizes 'forced' or 'statutory' pooling, a process by which any interested person–typically an oil and gas operator–may apply to the Colorado oil and gas conservation commission (commission) for an order to pool oil and gas resources located within a particularly identified drilling unit. After giving notice to interested parties and holding a hearing, the commission can adopt an order to require an owner of oil and gas resources within the drilling unit who has not consented to the application (nonconsenting owner) to allow an oil and gas operator to produce the oil and gas within the drilling unit notwithstanding the owners lack of consent. The bill clarifies that an order entered by the commission establishing a drilling unit may authorize more than one well. The order must specify that a nonconsenting owner is immune from liability for costs arising from spills, releases, damage, or injury resulting from oil and gas operations on the drilling unit. Currently, a nonconsenting owner must pay the consenting owners from the nonconsenting owner's share of production 200% of the nonconsenting owner's proportionate share of the costs of drilling, including equipment. The bill limits this 200% cost recovery to wells 5,000 feet or less in depth and increases the cost recovery to 300% for wells greater than 5,000 feet in depth and for horizontal wells. Current law prohibits entry of a pooling order until the mineral rights owners have been given a reasonable offer to lease their rights. The bill specifies that the offer must be given at least 60 days before the hearing on the order and must include a copy of or link to a brochure supplied by the commission that clearly and concisely describes the pooling procedures and the mineral owner's options pursuant to those procedures. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Section 1 of the bill repeals the wind for schools grant program. Section 2 repeals the renewable energy and energy efficiency for schools loan program. Section 3 removes the Colorado energy office's (office) involvement with the forest service and the air quality control commission to support the increased use of woody biomass in bio-heating. Section 4 removes the office's involvement in grants with the Colorado energy research institute for the development of a central resource for building trade professionals. Section 5 : Specifies nuclear and hydroelectric power as a cleaner energy source that the office should promote; Adds energy storage systems as items that the office should promote; Adds propane as a traditional energy source that the office should promote; Amends the office's requirement to develop and encourage increased utilization of energy curricula, and expands the collaborative groups to include the energy industry and executive departments; and Repeals certain programs for which the office is responsible. Section 6 renames the clean and renewable energy fund as the energy fund and adds the authority to spend the money in the fund for educating the general public on energy issues and opportunities. Section 7 removes the requirement that the funds used in the innovative energy fund for grants or loans shall be limited to innovative energy efficiency projects and policy development. Section 8 repeals the office's authority to submit a proposal for credentialing photovoltaic installers. Section 9 repeals the green building incentive pilot program. Section 10 repeals the 'Colorado Clean Energy Finance Program Act'. Section 11 removes the office's responsibility to maintain a list of solar installers and instead requires the list to be maintained by the Colorado solar energy industries association, or a successor organization, and removes the requirement for the office to offer training on solar installations. Section 12 removes an obsolete section of law pertaining to a computer system for tracking the movement of gasoline or special fuel in the state. Section 13 removes the office as the administrator of the Colorado carbon fund special license plate. Section 14 makes conforming amendments.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill allows the public utilities commission to approve, and electric utilities to charge, economic development rates, which are lower rates for commercial and industrial users who locate or expand their operations in Colorado so as to increase the demand by at least 3 megawatts. To qualify for the economic development rates, these users must demonstrate that the cost of electricity is a critical consideration in their decision where to locate or expand their business and that the availability of lower rates is a substantial factor. The rates may be offered for up to 10 years. The bill also authorizes the expansion of a voluntary renewable energy program or service offering as necessary to meet the needs of a commercial or industrial customer that makes a capital investment of $250 million or more, requires the expansion in order to remain as a customer of a utility, or is a new customer. Utilities that offer economic development rates shall not cross-subsidize the economic development rates by raising rates on other customers, and a utility bears the burden of proof on this issue in any proceeding before the commission. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill directs the public utilities commission to adopt rules establishing mechanisms for the procurement of energy storage systems by investor-owned electric utilities, based on an analysis of costs and benefits as well as factors such as grid reliability and a reduction in the need for additional peak generation capacity. The information supplied by the utilities must include appropriate data and must specify interconnection points to enable independent evaluation. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) Read More
The bill requires each state agency to develop a long-range financial plan on or before November 1, 2019, and to update the plan each of the next 4 years thereafter. The department of state, the department of treasury, the department of law, and the judicial branch shall each publish the required components of the plan for their respective state agencies. The office of state planning and budgeting shall publish the required components of the plan in its annual budget instructions for all other state agencies. The state agency is required to submit its long-range financial plan to the joint budget committee, along with its annual budget request, and post the plan on its official website. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill creates the submarine service license plate. In addition to the standard motor vehicle fees, the plate requires 2 one-time fees of $25. One fee is credited to the highway users tax fund and the other to a fund that provides licensing services. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Joint Budget Committee. For the fiscal year 2018-19, and each fiscal year thereafter, the bill increases the statutorily required general fund reserve from 6.5% to 7.25% of the amount appropriated for expenditure from the general fund. The bill also repeals the following exceptions from the definition of expenditure that is used to calculate the general fund reserve: Rental and other payments under a lease-purchase agreement for real property included in a separate, operating line item; and Money that the state controller credits from the general fund to the capital construction fund or to the principal of the controlled maintenance trust fund.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill reduces the regulation of taxicab service provided in large metropolitan areas by changing taxicab service provided in such areas from common carrier status to motor carrier status. Section 4 of the bill defines a large-market taxicab service as indiscriminate passenger transportation for compensation in a taxicab on a call-and-demand basis, within and between points in the counties of Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, El Paso, Jefferson, Larimer, and Weld, and between those points and all points within the state of Colorado, with the first passenger in the taxicab having exclusive use of the taxicab unless the passenger agrees to multiple loadings. Section 9 requires that, on or after January 1, 2019, a person obtain a permit from the public utilities commission to operate a large-market taxicab service. To obtain a permit, a motor carrier providing large-market taxicab service must have at least 25 vehicles in its fleet at all times; except that a motor carrier providing large-market taxicab service in El Paso, Larimer, or Weld county need only have 10 vehicles in its fleet at all times. The commission shall determine by rule the maximum rate that may be charged for large-market taxicab service in each county in which large-market taxicab service is authorized. Section 9 also requires permittees to file with the commission a rate schedule and does not limit the number or frequency of updated rate schedules that a permittee may file. Unless a rate schedule exceeds the maximum rate established by the commission by rule, the commission is not authorized to reject a rate schedule filed in the form and manner required by the commission. Sections 1 through 3, 5 through 8, and 10 make conforming amendments.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
The bill aligns state law with federal 'Every Student Succeeds Act' (ESSA) provisions relating to students in foster care, referred to in state statutes as 'students in out-of-home placement'. ESSA permits students in out-of-home placement at any time during the school year to remain in their school of origin, as defined in the bill, rather than move to a different school upon placement outside of the home or changes in placement, unless the county department of human or social services (county department) determines that it is not in the child's best interest to remain in his or her school of origin. Specifically, the bill: Defines 'education provider' to include public schools, school districts, and boards of cooperative services; Clarifies the role of an education provider's child welfare education liaison with respect to the best interest determination, the transfer of records, transition planning, and immediate enrollment of the child or youth; Subject to available appropriations, establishes a permanent foster care education coordinator at the department of education with duties beginning in the 2019-20 fiscal year; Requires education providers to immediately enroll students in out-of-home placement in school even without academic and immunization records and includes provisions for requesting and receiving records from a sending school; Requires education providers and county departments to enter into agreements relating to how transportation and other necessary services for students in out-of-home placement will be provided, arranged, and funded; and Removes barriers to obtaining a high school diploma by allowing education providers to waive course requirements or provide competency-based measures to satisfy graduation requirements. Commencing with the 2019-20 fiscal year, the bill creates the educational stability grant program (grant program) in the department of education to provide, subject to available appropriations, grants to education providers to provide educational services and supports to highly mobile students. The state board of education shall adopt rules for the grant program and award the grants. The department of education shall report on the implementation and outcomes of the grant program. The bill requires county departments to develop a process for determining the best interests of a child or youth in remaining in the school of origin. Counties are required to provide services, including transportation, for students remaining in the school of origin and services for those students transferring to another school, and to enter into agreements with education providers regarding the provision of these services and funding for the services. The bill updates the definition of 'homeless child' to include children and youth and amends education statutes relating to school attendance and services for homeless children and youth. The bill makes an appropriation. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
