Colorado Bills

The Colorado constitution currently requires any petition for a citizen-initiated constitutional amendment to be signed by at least 2% of the registered electors who reside in each state senate district for the change to be placed on the ballot. If a constitutional amendment that extends this requirement to a citizen-initiated statutory change is approved by the voters of the state at the 2022 general election, the bill makes a conforming statutory change to extend the requirement.(Note: This summary applies to this bill as introduced.)

The Colorado constitution currently requires any petition for a citizen-initiated constitutional amendment to be signed by at least 2% of the registered electors who reside in each state senate district for the change to be placed on the ballot. If approved by the voters at the November 2022 general election, the concurrent resolution would extend this requirement to a citizen-initiated statutory change. (Note: This summary applies to this concurrent resolution as introduced.)

The bill directs the Colorado water conservation board (board), in consultation with the state engineer, to contract with a Colorado institution of higher education (institution) to conduct a study to: Evaluate ways to maximize the beneficial use of water within Colorado and implement the storage recommendations of the Colorado water plan by storing water underground when water is available; Evaluate ways to minimize the amount of water that flows out of Colorado to downstream states, without risking noncompliance with applicable interstate compacts, United States supreme court rulings, other federal law, decreed absolute and conditional water rights, the prior appropriation system, and Colorado's anti-speculation doctrine; Identify: Specific aquifers that are hydrologically and legally available to be used for underground storage and subsequent beneficial use; Sources of revenue that could be used to pay for the underground storage projects; and Planned potential or existing underground storage projects that would meet the objectives identified in the study; Examine the role that various water entities might play in financing and implementing underground storage projects; and Recommend legislative changes needed to implement managed underground storage projects in the identified aquifers. The bill directs the board or the institution to submit a report summarizing the results of the study to the water resources review committee by August 1, 2022, which shall either have legislation drafted to implement the study's recommendations or submit the study along with its own recommendations to the committees of the general assembly with jurisdiction over water resources by January 1, 2023. (Note: This summary applies to this bill as introduced.)

Current law requires the air quality control commission (AQCC) to adopt rules that will result in the statewide reduction of greenhouse gas (GHG) emissions of 26% by 2025, 50% by 2030, and 90% by 2050, as compared to 2005 emissions. Section 2 of the bill supplements these requirements by: Directing the AQCC to: Consider the social cost of GHG emissions; Require GHG reductions on a linear or more stringent path; and Finalize its implementing rules by March 1, 2022, including specific net emission weight limits for various emission sectors, subject to modification by the AQCC, including through the use of a multi-sector program; Directing each wholesale generation and transmission electric cooperative to file with the public utilities commission a responsible energy plan that will achieve at least an 80% GHG reduction by 2030 as compared to 2005 levels and specifying that if a plan is not filed, the cooperative must achieve at least a 90% GHG reduction by 2030 as compared to 2005 levels; and Directing each retail, wholesale, and municipal electric utility and cooperative electric association to reduce its GHG emissions by at least 95% between 2035 and 2040 and by 100% by 2040. Section 3 adds GHG to the definition of "regulated pollutant", prohibits the AQCC from excluding GHG emissions from the requirement to pay annual emission fees that are based on emissions of regulated pollutants, gives the AQCC rule-making authority to set the GHG annual emission fee, and authorizes the use of these fees for outreach to and engagement of disproportionately impacted communities. Section 4 requires the AQCC's GHG reporting rules to establish an assumed emission rate representing the average regional fossil fuel generation emission rate for electricity generated by a renewable energy resource for which the associated renewable energy credit is not retired in the year generated.Section 5 creates an environmental justice ombudsperson position and an environmental justice advisory board in the department of public health and environment. The ombudsperson and the advisory board will work collaboratively to promote environmental justice in Colorado. Sections 2 and 5 specify processes for soliciting and facilitating input from disproportionately impacted communities regarding proposed AQCC rule changes and departmental decision-making.(Note: This summary applies to this bill as introduced.)

Under current law, common carriers and contract carriers may use independent contractors for transportation services. The contract must provide for coverage under either workers' compensation or an occupational accident insurance policy that provides "similar coverage" to that available under workers' compensation. "Similar coverage" must meet or exceed standards set by the division of insurance and is defined to require benefits that are at least comparable to the benefits offered under the workers' compensation system. The bill amends the definition of "similar coverage" by repealing this "comparable benefits" requirement.(Note: This summary applies to this bill as introduced.)

Under current law, an entity may appeal a decision by a school district board of education (local board) concerning a charter school to the state board of education (state board). The state board reviews the decision to determine whether it was contrary to the best interests of the students, school district, or community. The bill creates a rebuttable presumption that a local board's decision was in the best interests of the students, school district, or community if the decision was based on at least one of several specified considerations. A person bringing an appeal may overcome the presumption by a preponderance of the evidence demonstrating that the decision was not based on at least one of those considerations. (Note: This summary applies to this bill as introduced.)

The bill gives a peace officer the authority to issue a summons and complaint for any offense committed in the officer's presence, or if not committed in the officer's presence, for any offense that the officer has probable cause to believe was committed and probable cause to believe was committed by the person charged, unless arrest is statutorily required or the offense is a crime of violence. The bill prohibits a peace officer from arresting a person based solely on the alleged commission of a traffic offense; petty offense; municipal offense; misdemeanor offense; a class 4, 5, or 6 felony; or a level 3 or 4 drug felony unless: A custodial arrest is statutorily required; The officer is unable to sufficiently verify the individual's identity absent a custodial arrest; The person was convicted for a violation of section 42-4-1301, Colorado Revised Statutes, in the previous 12 months; or The offense is a felony or a victims' rights crime, the offense includes an element of illegal possession or use of firearm, the offense constitutes unlawful sexual behavior, or the offense is a violation a temporary or regular extreme risk protection order, a violation of a credible threat to a school, or a violation of eluding in a vehicle and: The arresting officer records in the arrest documents a reasonable suspicion to conclude the person poses a threat to the safety of another, absent custodial arrest; or The arresting officer records in the arrest documents a reasonable suspicion to conclude the person has indicated a clear unwillingness to cease and desist in criminal behavior, absent custodial arrest. The bill prohibits a court from issuing a monetary bond for a misdemeanor offense; municipal offense; class 4, 5, or 6 felony; or level 3 or 4 drug felony unless the court finds the defendant will flee prosecution or threaten the safety of another and no other condition of release can reasonably mitigate the risk. The bill requires the court to issue a personal recognizance bond when the defendant fails to appear unless the defendant has failed to appear 3 or more times in the case. The bill requires the court to issue a personal recognizance bond in a failure to comply with conditions probation hearing unless it is based on a commission of a new crime. The bill authorizes sheriffs to actively manage their jail populations in order to keep the population as low as possible while maintaining community safety, including the authority to establish jail admission standards that include offense-based admission standards that limit jail admissions. (Note: This summary applies to this bill as introduced.)

The bill permits a civil action for deprivation of rights against a peace officer to be brought against a Colorado state patrol officer or Colorado bureau of investigation agent. The bill amends certain standards concerning use of force by a peace officer. The bill defines "intervene", for the purpose of a peace officer's duty to intervene. Furthermore, it amends the requirements that constitute a class 1 misdemeanor for failure of the duty to intervene. The bill requires that any suspension or revocation of a peace officer's certification is not effective until the peace officer has exhausted all internal, contractual, and legal rights to review, challenge, and appeal the underlying finding or decision. The bill includes agents employed by the Colorado bureau of investigation to the definition of "peace officers" for purposes of body-worn camera requirements. (Note: This summary applies to this bill as introduced.)

The bill prohibits a state, county, or local government agency, or any person acting on behalf of the state, county, or local government agency, from ordering persons participating in a protest or demonstration (protest) to disperse, or from deeming the protest unlawful, unless the persons participating in the protest are acting in concert to pose an imminent threat to use force or violence to cause personal injury or significant property damage.(Note: This summary applies to this bill as introduced.)

The bill modifies existing disclaimer statement requirements that must accompany any communication that is broadcast, printed, mailed, or delivered; placed on a website, streaming media service, or online forum for a fee; or that is otherwise distributed, that constitutes an independent expenditure made in excess of $1,000. Under current law, the disclaimer statement must identify a natural person who is the registered agent of the person paying for the communication if the person paying is not a natural person. The bill eliminates the requirement that this information be included in the disclaimer statement and instead requires that the information be provided to the appropriate officer as part of an existing written notice to be submitted by the person expending money for the independent expenditure. In the case of a nonbroadcast communication, including an online communication, such as campaign yard signs, campaign poster signs, and campaign billboard signs, the bill requires the secretary of state, by rule, to establish size and placement requirements for the disclaimer statement. The rules must allow a disclaimer statement to be of a sufficient type size to be clearly readable by the recipient of the communication. In addition, the rules must also specify that the maximum font size of the disclaimer must not exceed the requirements applicable to such disclaimers in campaigns for federal elected office as promulgated by the federal election commission. (Note: This summary applies to this bill as introduced.)