The act extends the medical marijuana research grant program in the department of public health and environment through fiscal year 2023-24. (Note: This summary applies to this bill as enacted.)
The bill: Repeals a provision allowing the department of public health and environment (department) to use money in the waste tire administration, enforcement, market development, and cleanup fund (fund) to develop a fire prevention, training, and firefighting plan, hire a consultant to assist in developing the plan, and reimburse the division of fire prevention and control in the department of public safety (division) for its assistance in developing the plan and hiring the consultant; and Allows the department to use money in the fund to reimburse the division for inspections of facilities where waste tires are present and for technical assistance and other assistance the division provides to the department or the public related to waste tires.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Colorado law requires a towing carrier (carrier) to notify law enforcement, within 30 minutes after towing an abandoned vehicle, of the carrier's name and the storage location and description of the vehicle. The act clarifies that the carrier is deemed to have complied if: The carrier gave the location of the storage facility to law enforcement when obtaining authorization for the tow; or The carrier made 2 or more attempts within the 30 minutes after the tow to notify a law enforcement agency but was unsuccessful for reasons beyond the control of the carrier. When a carrier tows a vehicle without the owner's or lienholder's consent, current law requires the carrier to notify the department of revenue (department), the owner, and the lienholder of the tow between 2 and 10 days after the tow, thus imposing a 2-day waiting period before notification. The act repeals this waiting period and instead requires notice within 10 days after the tow and caps at $75 the amount the carrier may charge for sending this notice; however, the act encourages carriers to wait 24 hours after a tow to notify the owner and lienholder of the tow. Except for the first 24 hours, daily storage fees are forbidden until the carrier has sent the required notice to the owner and lienholder. A carrier's mechanic's lien does not attach to a vehicle for 30 days after notice was sent to the owner or lienholder of the vehicle if the carrier tows a vehicle from private property without the owner's, operator's, or lienholder's consent. If the owner or lienholder fails to retrieve the towed vehicle for 30 days, Colorado law authorizes the carrier to sell the vehicle to recover the carrier's fees. The act requires the carrier to set the sale price at the time of sale, list the fair market price at the time of sale, and report the sale price to the department within 5 business days after the sale. The law also requires the vehicle to be appraised by an independent third-party. Before the act, the balance of the money from the vehicle sale, after the carrier and law enforcement were reimbursed, was sent to the department to pay any taxes or fees. The act repeals this requirement and replaces it with a requirement that the carrier give the money to the lienholder or owner, depending on any lien. If the money is never claimed, it is sent to the unclaimed property program. The amount of the fee that a carrier must pay to have a carrier's permit is changed from $150 to being set by the public utilities commission (PUC), and approved by the executive director of the department of regulatory agencies, to cover the cost of regulating carriers. The PUC is authorized to deny an application for a carrier permit or to refuse to renew a carrier permit when a carrier has been convicted of a towing-related offense. The PUC may deny an application or refuse to renew a permit of a towing carrier based on a determination that there is good cause to believe the issuance of or renewal of the permit is not in the public interest. The act requires that carriers that are towing a vehicle from private property without the owner's, operator's, or lienholder's consent must: Display at their place of business and on any website the current maximum rates permitted by rule of the PUC for each tow service provided by the towing carrier, and the sign must include information about how to make a complaint to the PUC; Accept cash and major credit cards, as defined by rule of the PUC, and, upon request, disclose the accepted forms of payment; Not charge storage fees for a day on which the carrier did not store the vehicle; Before connecting to a vehicle, photographically document the vehicle's condition and the reason for the tow. Failure to produce documentation of the vehicle's condition or the reason for the tow creates a rebuttable presumption that any damages to the vehicle were caused by the carrier or that the tow was not authorized. Maintain an area at each storage facility with lighting adequate to inspect a vehicle for damage; Upon demand of the owner within 30 days after providing the owner notice that the vehicle has been towed, retrieve the contents of the towed vehicle or allow the owner to retrieve the vehicle or the contents; Upon the owner paying 15 percent of the fees or $60, whichever is less, and signing a form acknowledging the remainder of the debt, retrieve the towed vehicle or the contents of the towed vehicle or allow the owner to retrieve the vehicle or the contents; Obtain authorization from the property owner, leaseholder, or common interest community within 24 hours before towing a vehicle from private property; With certain exceptions, give 24 hours' written notice before removing a vehicle from a parking spot or the common areas of a condominium, cooperative, apartment, or mobile home park; Post adequate signs that a vehicle may be towed if parked inappropriately; Upon request, provide evidence of the carrier's insurance coverages; Have a sign at storage facilities that states the name, telephone number, and hours of operation of the carrier's business; Upon request, provide an itemized bill showing each charge and the rate for each fee that the person has incurred; Give written notice of the ability to make a complaint to the PUC; For a carrier to perform a nonconsensual tow, other than for an abandoned motor vehicle, from private property normally used for parking, the property owner or carrier must have provided adequate signs communicating the parking regulations that subject a vehicle to being towed; and Unless ordered by a peace officer, not tow a vehicle from private property because the rear license plate shows the vehicle registration is expired. If a carrier fails to comply with the provisions of the act, the carrier may not charge or retain any fees or charges for the services performed with respect to the vehicle and must return any fees it collected with respect to the vehicle. It is an affirmative defense in any action to collect towing fees that the carrier failed to comply with these provisions. If a carrier damages a vehicle or violates these provisions in a manner that causes damages and refuses to reimburse the owner, operator, or lienholder, the owner or lienholder may recover attorney fees. Carriers are required to record certain information about each nonconsensual tow, retain the information in their records for 3 years, and produce the records within 48 hours upon request. A carrier is prohibited from paying money or other valuable consideration to a landowner or business for the privilege of nonconsensually towing vehicles. It is a deceptive trade practice to violate the provisions of the act, and the attorney general is responsible for enforcement. Upon making a finding that a towing practice harms the public interest, the PUC may promulgate rules to stop or change the practice. The act appropriates $109,475 to the department of regulatory agencies for use by the PUC for implementation of this act and reappropriates $5,733 of the money to the department of personnel for vehicle replacement lease and purchase services. (Note: This summary applies to this bill as enacted.)
The small community-based nonprofit infrastructure grant program (grant program) is created in the division of local government in the department of local affairs (division) to provide grants to small community-based nonprofit organizations that have been impacted or disproportionately impacted by the COVID-19 public health emergency for infrastructure and capacity building. The division is required to administer the grant program and to contract with no more than 10 nonprofit organizations with specified qualifications (regional access partners) to award and monitor the grants. To be eligible to receive a grant through the grant program, an organization must be one of the following: A small community-based nonprofit organization that operates under section 501 (c)(3) of the federal internal revenue code; A small community-based nonprofit organization that does not operate under section 501 (c)(3) of the federal internal revenue code and that works with a fiscal agent; or A collaboration of multiple small community-based groups that are not nonprofit organizations and that work with a fiscal sponsor. Each small community-based nonprofit organization or each of the small community-based groups that apply for a grant collaboratively is required to satisfy specified criteria to be considered an eligible recipient for a grant through the grant program. Grant recipients may use grant program money for infrastructure and capacity building purposes, including data technology needs, professional development for staff and board members, strategic planning and organizational development for capacity building and fundraising, communications, and existing program expansion, development, or evaluation. Grant recipients may not use grant money for capital improvements, real estate or land acquisition, payment of debt, advocacy or lobbying, organizing, endowments, or reserves. To receive a grant, an applicant must submit an application to a regional access partner in accordance with policies and procedures developed by the division. The regional access partner is required to award grants and ensure that: The maximum grant award does not exceed $100,000; and A grant award does not exceed 30% of the recipient's annual operating budget. The act appropriates $35 million from the economic recovery and relief cash fund to the division for the purposes of the grant program. The regional access partners are required to award the grants for the purposes of the grant program on or before December 30, 2024, and recipients of the grants are required to expend all grant money by December 30, 2026. The division and any person that receives money from the division, including a regional access partner, is required to comply with the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller. (Note: This summary applies to this bill as enacted.)
The act requires the Colorado energy office (office), in collaboration with the department of local affairs (department) and the Colorado resiliency office (resiliency office), to develop a grid resilience and reliability roadmap (roadmap) for improving the resilience and reliability of electric grids in the state (grid), which roadmap must include guidance on how microgrids may be used to harden the grid, improve grid resilience and reliability, deliver electricity where extending distribution infrastructure may not be practicable, and operate autonomously and independent of the grid, when necessary. In developing the roadmap, the office, department, and resiliency office are required to engage interested persons throughout the state in stakeholder meetings and consider stakeholder input. The roadmap may identify: The potential benefits of developing microgrids, including whether and how developing microgrids improves grid resilience and reliability; The critical facilities and infrastructure and the high-risk communities that should be prioritized for microgrid projects (projects); and Recommendations regarding potential legislative or administrative changes needed to help facilitate projects, including needed statutory or rule changes, key factors to consider regarding the safety, development, maintenance, and deployment of microgrids, metrics for evaluating the costs and benefits of microgrids, financial and technical support for microgrid deployment, and education and outreach programs, including apprenticeship programs. The office is required to post a draft of the roadmap on its website on or before July 1, 2024, and the office and department are required to post the completed roadmap on their websites. The office is also required to submit a copy of the roadmap to the public utilities commission (commission), and, on or before March 1, 2025, in collaboration with the department, present the roadmap to the legislative committees of reference with jurisdiction over energy matters. On a periodic basis at least every 5 years, the office, department, and resiliency office are required to review the roadmap and, if necessary, update it. If the roadmap is updated, it must be posted on the office's and department's websites and submitted to the commission and the legislative committees of reference with jurisdiction over energy matters. For the 2022-23 state fiscal year, $22,470 is appropriated from the general fund to the office of the governor for use by the Colorado energy office to develop the roadmap. (Note: This summary applies to this bill as enacted.)
The act continues the functions of the Colorado resiliency office in the department of local affairs until September 1, 2037, pursuant to the provisions of the sunset law. (Note: This summary applies to this bill as enacted.)
The act amends the "Mobile Home Park Act" and the "Mobile Home Park Act Dispute Resolution and Enforcement Program" to: Require the landlord or the landlord's representative to attend up to 2 public meetings for residents of the park each year at the request of the residents; Clarify that a landlord is responsible for the cost of repairing any damage to a mobile home or lot that results from the landlord's failure to maintain the premises of the park; Clarify the triggering events that demonstrate a park owner's intent to sell a park for purposes of providing notice to home owners and the method for giving notice; Change the period in which a group or association of mobile home owners may make an offer to purchase the park from 90 to 180 days, and provide for tolling of that time period in certain circumstances; Provide a right of first refusal for a public entity that accepts an assignment of a group or association of mobile home owners' opportunity to purchase; Clarify the obligations of a landlord to provide notice to home owners concerning the terms and conditions of an offer to purchase the park that the landlord would accept and to negotiate in good faith with the home owners; Require a landlord who changes the use of the land comprising the park to compensate a mobile home owner who has not given notice to terminate the lease or rental agreement and who is displaced by the change in use for the reasonable costs of relocating the mobile home to a location within 100 miles of the park, the fair market value of the mobile home before the change in use, or in the amount of $7,500 for a single-section mobile home or $10,000 for a multi-section mobile home; Allow the department to enforce statutory provisions concerning the required notice of intent to sell or change the use of the land and the mobile home owners' opportunity to purchase by imposing a fine for a violation or filing for injunctive relief in district court; Allow the attorney general to investigate and enforce statutory provisions providing protections for mobile home owners; Clarify the procedures and penalties that apply when a party does not respond to a subpoena from the division; Allow the division to take immediate action in response to complaints or violations that will cause immediate harm to mobile home owners; Prohibit landlords from harassing or coercing mobile home owners in an effort to require a mobile owner to sign an agreement or to influence a decision by the home owner about an opportunity to purchase; Establish criteria for when a mobile home park rule or regulation that limits a home owner's right to control the use, appearance, and structure of a mobile home is enforceable; Prohibit a landlord from interfering with the mobile home owner's right to sell a mobile home to the buyer of his or her choice, except in limited circumstances; Establish record retention requirements for landlords; and Consolidate provisions concerning private rights of action for landlords, home owners, and residents, and establish penalties and remedies available in private actions.(Note: This summary applies to this bill as enacted.)
On or before February 28, 2023, the state archivist is required to submit to the state capitol building advisory committee a proposal for the creation of a permanent public display of the original Colorado constitution in the state capitol building. The proposal must also include a proposal for displaying the original Colorado constitution in other state government buildings. The state archivist is required to collaborate with History Colorado to ensure adherence to the best practices when presenting the original Colorado constitution in the existing environmental conditions of the state capitol and other government buildings. History Colorado is also required to advise and consult with the state archivist regarding the creation of an appropriate display that will safeguard the original draft of the Colorado constitution. The state capitol building advisory committee is required to evaluate and consider whether to approve the proposal in accordance with the criteria for placing displays within the state capitol building and in accordance with best practices for displaying historic documents in a manner that safeguards the documents against deterioration. The state archivist, in partnership with history Colorado, is required to create an online exhibition of the Colorado constitution. The exhibition must include educational opportunities and history and must ensure that the electronic copy of each version of the Colorado constitution is available to the public in a searchable format through the website of the office of the state archives and history Colorado. The state archivist may contract with an online exhibit design company to determine the best practices when presenting the Colorado constitution in an educational format that is easily accessible and user-friendly for the general population of the state. The exhibit design company may coordinate as necessary with the state archivist, history Colorado, the office of legislative legal services, the secretary of state's office, and other relevant government agencies in the creation of the online exhibition. The state archivist, in partnership with history Colorado, is also required to create opportunities to provide updated physical copies of the constitution or other educational opportunities related to the updated physical copy of the Colorado constitution within state offices. The state archivist and history Colorado are required to ensure that the constitution will be easily accessible and user-friendly for the general population of the state. The state archives is authorized to solicit, accept, and expend bequests, gifts, grants, or donations for the purposes of the act. (Note: This summary applies to this bill as enacted.)
The act authorizes the custodian of public records to deny access to records containing information that reveals the location or could be used to determine the location of an individual animal, a group of animals, a plant species of greatest conservation need, or an individual animal's or a group of animals' breeding or nesting habitat. (Note: This summary applies to this bill as enacted.)
