Colorado Bills

The act is a referred measure that will, if approved by the voters of the state at the 2022 general election, require the director of research of the legislative council of the general assembly to include a table in the fiscal summary for any initiated measure that would either increase or decrease the individual income tax rate. The table must have 4 columns as follows: A column identifying 8 income categories; A column identifying the current average income tax owed by taxpayers in each income category; A column identifying the average income tax owed by taxpayers in each income category if the initiated measure were to pass; and A column identifying the difference between the average income tax owed by taxpayers in each income category if the initiated measure were to pass and if the initiated measure were not to pass. The ballot title for a measure that either increases or decreases the individual income tax rate must also include the table created by the director of research of the legislative council of the general assembly for the measure's fiscal summary. (Note: This summary applies to this bill as enacted.)

Pursuant to House Bill 20-1026, effective January 7, 2025, the counties of Douglas, Elbert, and Lincoln will move from the eighteenth judicial district to a newly created twenty-third judicial district. Under the state constitution, district judges serve the term to which they were elected but may serve in another judicial district if the other district encompasses the county of the judge's residence. Under this measure, by November 30, 2024, the governor would designate judges serving in the eighteenth judicial district to serve the remainder of their terms in the twenty-third judicial district. All judges so designated shall establish residency in the twenty-third judicial district by January 7, 2025. (Note: This summary applies to this concurrent resolution as adopted.)

The bill prohibits a law enforcement officer or an agent who assists, cooperates with, or otherwise facilitates a custodial interrogation ( interrogation) with a juvenile (law enforcement official) from using deception and false facts or beliefs (deception) to obtain a statement or admission from the juvenile. Any statement or admission obtained during the course of a juvenile custodial interrogation in which a law enforcement official knowingly uses deception is presumptively inadmissible against the juvenile in an evidentiary hearing unless the prosecution proves by clear and convincing evidence that the statement or admission was made voluntarily. The bill requires law enforcement officials to electronically record all juvenile custodial interrogations.The bill instructs the P.O.S.T. board to develop an in-person interactive training program for peace officers on the uniform standards regarding interrogations of juveniles. The training must provide education for peace officers on juvenile development and culture and its impact on interrogations; interpreting juvenile behavior during an interrogation; techniques for building and establishing rapport during an interrogation; constructing age appropriate questions; and cautions and considerations for interrogating juveniles in custody. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill creates the "In God We Trust" license plate for motor vehicles. 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. (Note: This summary applies to this bill as introduced.)

The bill creates a task force in the department of revenue to study the regulation of alcohol beverages. The task force is required to review the current statutes regulating alcohol beverages and make recommendations concerning how to modernize, clarify, and harmonize the statutes. The task force is required to report its findings to the general assembly by December 1, 2023. The bill modifies laws governing the licensure of retail liquor stores and liquor-licensed drugstores and creates the new beer-and-wine-licensed grocery store license.With regard to retail liquor store licenses, the bill: Removes the requirement that a new retail liquor store must be located a certain distance from an existing liquor-licensed drugstore;Expands the minimum distance between a new retail liquor store and other existing retail liquor stores from 1,500 feet to 3,000 feet;Effective January 1, 2024, removes the requirement that only an employee of the retail liquor store may deliver alcohol beverages and instead allows delivery by any person who is authorized by the retail liquor store, subject to specified requirements including that the licensee or the authorized deliverer obtain a delivery permit from the state licensing authority and other requirements specified in state licensing authority rules; andIncreases the maximum number of retail liquor store licenses that a person may own. With regard to liquor-licensed drugstore licenses, the bill:Prohibits the state and local licensing authorities from issuing new liquor-licensed drugstore licenses after the date the bill takes effect and repeals provisions related to the ability of liquor-licensed drugstore licensees to obtain additional licenses;Allows a liquor-licensed drugstore licensed before January 1, 2022, to continue to renew the licensee's license, unless the license has converted to a beer-and-wine-licensed grocery store license;On January 1, 2026, converts every liquor-licensed drugstore license in effect on that date to a beer-and-wine-licensed grocery store license, unless the licensee chooses to remain a liquor-licensed drugstore, and eliminates the ability of those licensees that convert to a beer-and-wine-licensed grocery store license to sell spirituous liquors; andEffective January 1, 2024, removes the requirement that only an employee of the liquor-licensed drugstore may deliver alcohol beverages and instead allows delivery by any person who is authorized by the liquor-licensed drugstore, subject to specified requirements including that the licensee or the authorized deliverer obtain a delivery permit from the state licensing authority and other requirements specified in state licensing authority rules. With regard to beer-and-wine-licensed grocery store licenses, the bill:Creates the new license, available on or after January 1, 2026, with requirements similar to the requirements applicable to liquor-licensed drugstores, to permit a grocery store that obtains the license to sell beer and wine only;Specifies that a beer-and-wine-licensed grocery store cannot be located within 1,500 feet of a retail liquor store;Allows a beer-and-wine-licensed grocery store to deliver beer and wine to its customers under the same requirements applicable to retail liquor stores and liquor-licensed drugstores;Allows a beer-and-wine grocery store to own multiple stores as follows: On and after January 1, 2026, and before January 1, 2027, a maximum of 8 stores; on and after January 1, 2027, and before January 1, 2032, a maximum of 13 stores; on and after January 1, 2032, and before January 1, 2037, a maximum of 20 stores; and on and after January 1, 2037, an unlimited number of additional stores;Allows a licensee licensed as a liquor-licensed drugstore on December 31, 2025, whose license converted to a beer-and-wine-licensed grocery store license on January 1, 2026, to transfer any spirituous liquors in its possession to a licensee authorized to sell spirituous liquors but prohibits the licensee from selling spirituous liquors;Permits a beer-and-wine-licensed grocery store to offer tastings on the licensed premises if authorized by the local licensing authority; andDefines "grocery store" as an establishment that generates at least 20% of its gross annual income from the sale of food items. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Section 1 of the bill makes legislative findings. Section 3 prohibits a cigarette, tobacco product, or nicotine product (product) retailer from selling, offering for sale, advertising for sale, displaying, shipping, delivering, or marketing in the state any flavored product, and section 2 defines flavored product as a product imparting a taste or smell other than the taste or smell of tobacco. Section 3 also prohibits the sale, offer for sale, advertising for sale, displaying, or marketing of a synthetic nicotine product and section 2 defines synthetic nicotine as nicotine derived from a source other than tobacco. A retailer, manufacturer of products, or employee or agent of a retailer or manufacturer of products engages in conduct creating a rebuttable presumption that a product is a flavored product if the person makes a public statement or claim, uses text or images, or takes other action directed toward consumers indicating that the product has a taste or smell other than the taste or smell of tobacco. Section 3 exempts pipe tobacco products, premium cigars, and shisha tobacco from the prohibition, as well as exempting a cigar-tobacco bar located in a licensed gaming establishment.Section 4 imposes the same penalties for selling, offering for sale, advertising for sale, displaying, or marketing in the state any flavored product or synthetic nicotine product that apply to unlawful sales of products to minors.Section 5 amends the definition of product to include products containing synthetic nicotine. and section 2 defines synthetic nicotine as nicotine derived from a source other than tobacco.Section 6 directs the prevention services division in the department of public health and environment (department) to convene a working group to develop, implement, and administer a grant program to award 2-year grants to applicants who are able to provide evidence-informed and individualized wrap-around services in Sections 6 and 7 add to the tobacco education, prevention, and cessation grant program in the department of public health and environment the authority to award grant money to provide resources to communities disproportionately impacted by targeted tobacco and nicotine marketing and sales or by increased or minimally improved tobacco-use and nicotine-use prevalence rates. Section 6 also directs the general assembly to appropriate $10 million from the general fund to the department for the grant program. and by the prevalence of tobacco and nicotine product use. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

With regard to health-care services, section 1 of starting January 1, 2024, the bill requires a health insurance carrier (carrier) or private utilization review organization (organization) , as applicable, to offer a qualified provider with at least a 95% approval rate of prior authorization requests over the prior 12 months an alternative to prior authorization requirements, including an exemption from the requirements or incentive awards or other innovative programs to reward provider compliance designed by the carrier or organization that reduce patient wait times or administrative burdens to receiving the requested health-care service . To be a "qualified provider", a provider must: Be, and have been continuously for at least the immediately preceding 12 months, a participating provider; and Have, over the immediately preceding 12 months: At least a 95% approval rate on prior authorization requests submitted for the same health-care service; and submitted at least 24 prior authorization requests for the same health-care service. A carrier or organization is required to inform a provider of the provider's status as a qualified provider and, at least annually, to reevaluate whether a provider satisfies the requirements of a qualified provider.With regard to drug benefits, section 2 requires a carrier or pharmacy benefit management firm, as applicable, to offer the same types of alternatives to prior authorization requirements to a provider who has at least a 95% approval rate of prior authorization requests over the prior 12 months. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Section 1 of the bill requires that, beginning in 2023, each insurance company issued a certificate of authority to transact insurance business to prepare and file an annual report with the insurance commissioner providing a climate-risk assessment for the insurance company's investment portfolio from the previous 12 months. The commissioner of insurance is required to post the reports on the division of insurance's website. Section 1 defines "climate-risk assessment" as a determination of the economic and business risks that climate change poses to an investment that reports more than $100 million on its annual schedule T filing with the National Association of Insurance Commissioners (NAIC) participate in and complete the NAIC's "Insurer Climate Risk Disclosure Survey" or successor survey or reporting mechanism.Section 2 requires the board of trustees of the public employees' retirement association (PERA board ) to prepare a similar include as part of its annual investment stewardship report, and post it which report is posted on the PERA board's website , a description of climate-related investment risks, impacts, and strategies .Section 3 adds wastewater thermal energy equipment to the definition of "pollution control equipment", which equipment may be certified by the division of administration (division) in the department of public health and environment (CDPHE). Similarly, section 13 adds wastewater thermal energy to the definition of "clean heat resource", which resources a gas distribution utility includes in its clean heat plan filed with the public utilities commission.Section 3 4 updates the statewide greenhouse gas (GHG) emission reduction goals to add a 40% 65% reduction goal for 2028 2035 compared to 2005 GHG pollution levels and a 75% reduction goal for 2040 compared to 2005 GHG pollution levels.Section 4 defines a small off-road engine as a gasoline-powered engine of 50 horsepower or less used to fuel small off-road equipment like lawn mowers and leaf blowers. Section 4 phases out the use of small off-road engines by prohibiting their sale in nonattainment areas of the state on or after January 1, 2030, and by providing financial incentives to promote the replacement of small off-road engines with electric-powered, small off-road equipment before 2030.Section 11 establishes a state income tax credit in an amount equal to 30% of the purchase price for new, electric-powered, small off-road equipment for purchases made in income tax years 2023 through 2029. Section 5 requires the air quality control commission (AQCC), on or before August 1, 2023, to adopt rules to reduce GHG emissions, at a minimum, from sources in the industrial and manufacturing sector that reported GHG emissions greater than 25,000 metric tons from 2020 pursuant to the AQCC rule commonly known as "regulation number 22".Section 6 7 gives the oil and gas conservation commission (COGCC) authority over class VI injection wells used for sequestration of GHG including through the issuance and enforcement of permits if the governor and COGCC have determined that the state has sufficient resources to ensure the safe and effective regulation of the sequestration of GHG gases in accordance with a study that the COGCC conducts . If the governor and COGCC determine there are sufficient resources, the COGCC may seek primacy under the federal "Safe Drinking Water Act" and, once granted, may issue and enforce permits for class VI injection wells. The COGCC shall require, as part of its regulation of class VI injection wells, that operators of the wells provide adequate financial assurance, which financial assurance must be maintained until the COGCC approves the closure of a class VI injection well site.Section 7 8 requires the commissioner of agriculture or the commissioner's designee, in consultation with the Colorado energy office , and the air quality control commission the AQCC, and an institution of higher education with expertise in climate change mitigation, adaptation benefits, and other environmental benefits related to agricultural research , to conduct a study examining carbon reduction and sequestration opportunities in the agricultural sector and in land management in the state, including the potential development of certified carbon offset programs or credit instruments. On or before December 15, 2022 October 1, 2024 , the commissioner of agriculture or the commissioner's designee is required to submit a report summarizing the study, including any legislative recommendations, to the general assembly. The commissioner of agriculture may adopt rules incorporating recommendations and any recommended carbon offsets may be incorporated into the AQCC's rules. In support of the use of agrivoltaics, which is the colocation integration of solar energy generation facilities on a parcel of land with agricultural activities, section 8 9 authorizes the Colorado agriculture value-added development board (board) to provide financing, including grants or loans, for agricultural research on the use of agrivoltaics. Section 9 directs the state treasurer to transfer $1,800,000 per year through 2027 from the general fund to the agriculture value-added cash fund for implementation of agrivoltaics research. For a research project for which the board awards money to study the use of agrivoltaics, sections 5 and 8 6 and 9 require the director of the division of parks and wildlife to consult on the research project regarding the wildlife impacts of agrivoltaic use.Section 9 10 authorizes the board to seek, accept, and expend gifts, grants, and donations, including donations of in-kind resources such as solar panels, for use in agricultural research projects. Section 9 10 also updates the statutory definition of "agrivoltaics" to list additional agricultural activities on the parcel of land on with which solar panel generation facilities may be colocated integrated , including animal husbandry, cover cropping for soil health, and carbon sequestration.Section 10 11 amends the statutory definition of "solar energy facility" used in determining the valuation of public utilities for property tax purposes to include agrivoltaics.Section 12 establishes a state income tax credit in an amount equal to 30% of the purchase price for new, electric-powered, small off-road equipment, which is defined as a lawn mower, leaf blower, or trimmer, for purchases made in income tax years 2023 through 2029. The tax credit may be claimed by a seller of electric-powered, small off-road equipment that demonstrates that it provided the purchaser a 30% discount from the purchase price of the electric-powered, small off-road equipment.Section 14 appropriates for state fiscal year 2022-23: $81,429 from the oil and gas conservation and environmental response fund to the department of natural resources for use by the COGCC for the underground injection program; $145,789 from the general fund to CDPHE for use by the division for regulation of stationary sources; and $2,098,784 from the general fund to the department of agriculture for conservation services. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill makes the following modifications to statutory provisions governing special districts to increase the accountability of special districts to taxpayers: If a separate legal entity established by contract includes one or more special districts, requires the separate legal entity to file with the division of local government in the department of local affairs certain financial information pertaining to the special district. In such circumstances, the directors of the special district are also required to comply with oath and bond requirements for directors of special districts.Expands existing requirements on the information a metropolitan district must include on its public website to include information that is required by the service plan of the metropolitan district, by an ordinance or resolution adopted by the board of commissioners of a county, or by the governing body of a municipality, as applicable;Expands the applicability of statutory provisions governing the approval and oversight of special districts to specify that these provisions do not apply when a special district that was originally approved at any time thereafter becomes wholly included within the boundaries of one or more municipalities;Specifies information to be included in the financial plan that a new district submits along with its service plan;Removes an existing cap on the amount of the fee that a special district must pay the board of county commissioners for processing review of a service plan; For any proposed special metropolitan district that has any property within its boundaries that is zoned or valued for assessment as residential, enumerates certain acts that are disallowed for any service plan required to be filed by the district. A local government acting on a service plan is prohibited from approving a service plan for a special metropolitan district that permits any of these same acts the purchase of district debt by any entity with respect to which any director of the district has a conflict of interest necessitating disclosure .Clarifies requirements affecting the oversight by a municipality that is wholly contained within the boundaries of the municipality, especially in connection with an annexing municipality;Expands the circumstances under which material modifications of a special district's service plan are approved by the county or municipality, as applicable, to include the situation when the special district after initial approval of the plan becomes wholly included within the boundaries of a newly annexed municipality;Specifies that approval is also required for any action or omission of a special district that is materially inconsistent with the district's service plan. Expands the list of examples of acts or omissions necessitating approval.Authorizes a board of county commissioners for a district that lies entirely within the territorial boundaries of a county or the governing body of a municipality for a district that lies entirely within the boundaries of a municipality to impose a fee to offset the costs incurred by the county or municipality, as applicable, in reviewing the operations of the district and the district's compliance with its service plan. The fee is not payable more than once annually. Prohibits a member of the board of a district that approved the issuance of any debt while the member was serving on the board from thereafter acquiring any interest in the debt individually or on behalf of any organization or entity for which the board member is engaged as an employee, counsel, consultant, representative, or agent; except that this requirement does not apply to debt acquired indirectly through an investment fund if the member has no input into or control over the individual securities that the fund purchases; Prior to issuing debt to a director of a metropolitan district or to an entity with respect to which a director of a metropolitan district must make disclosure of a conflict of interest, the bill requires the board of the metropolitan district to receive a statement of a registered municipal advisor certifying that the interest rate of the debt does not exceed the lesser of: The interest rate allowed under a method of calculation specified in the bill; or The current market interest rate for the debt based on criteria determined by the municipal advisor, examples of which are listed in the bill; Requires all meetings of a board of a special district that are held solely at physical locations to be held at physical locations that are within the boundaries of the district or that are within the boundaries of any county in which the district is located, in whole or in part, without exceptions or the possibility of a waiver;Clarifies that the powers of the board of directors of any metropolitan district are limited by the district's service plan;On and after September 1, 2022, prohibits a metropolitan district from entering into any new contract or agreement as of that date to furnish covenant enforcement and design review services. On and after September 1, 2022, the bill prohibits a metropolitan district from renewing any existing agreement entered into prior to that date to furnish covenant enforcement and design review services. Upon the expiration of the agreement, the master association or similar entity contracting with the metropolitan district is required to assume covenant enforcement and design review services.Under current law, under specified circumstances, the board of county commissioners or the governing body of the municipality that has adopted a resolution of approval of the special district may require the board of the special district to file an application for a finding of reasonable diligence every 5 years. The bill makes this an annual requirement. Makes proof of the commission of such act by a preponderance of the evidence proof that the director has breached the director's fiduciary duty and the public trust. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)