The act makes the following modifications to the regulations of factory-built structures, manufactured housing, and installers and sellers of manufactured housing:Clarifies that the division of housing (division) has enforcement powers over the installation and sale of manufactured homes and over the safety of hotels and multi-family structures where no other construction standards exist; Clarifies that a manufacturer who violates applicable law is subject to registration revocation or any other measures prescribed by the division or applicable law; Clarifies that a local government may enforce local rules governing the installation of factory-built housing that are approved by the division of housing; Clarifies that authority granted to the division is over work related to factory-built structures that is completed offsite or completed onsite with components shipped with the factory-built structure; Clarifies that a local government's authority is over work completed onsite and is not over work performed offsite or work that is completed onsite using components shipped with the factory-built structure; Allows the division to authorize a local government to inspect and charge fees related to work that is completed onsite using components shipped with a factory-built structure; Clarifies that a factory-built structure bearing an insignia of approval issued by the division complies with applicable state codes and local government installation requirements approved by the division; Clarifies that an insignia of approval affixed to the factory-built structure does not expire unless the design and construction of the factory-built structure has been modified by approved plans; Clarifies that a homeowner who installs a manufactured home for their own personal use is not required to register with the division; Allows the division to set the surety bond, insurance, and educational requirements for a registered installer of a manufactured home by rule-making; Creates disclosure requirements relating to financial instruments and legal actions for installation contracts; Requires installers to contact the division if the installer is not able to strictly comply with the manufacturer's instructions; Clarifies that a manufacturer must receive an installation authorization unless the installation is occurring in a jurisdiction where a local government is acting as an independent contractor; Clarifies that an installation insignia must be affixed to the manufactured home by the division or the local government independent contractor upon the completion of the installation; Clarifies what costs the installer may be required to pay if a manufactured home was not completely installed; Requires an insurer or financial institution to pay the division the amount of a claim against the letter of credit, certificate of deposit, or surety bond filed with the division by a registered installer if there has been a finding that the installer failed to perform as required by applicable law; Clarifies that a local government may only enact installation rules related to geographic or climatic conditions and any such rules cannot federal law; Allows a local government to require onsite mitigation addressing public safety requirements applicable to manufactured homes that comply with the federal manufactured home construction and safety standard; Clarifies that a person who is employed by a registered seller to negotiate for the sale of manufactured homes is not considered a seller for purposes of the applicable registration requirements; Allows the division to set escrow requirements and the minimum amount of a financial instrument filed by a registered seller of a manufactured home through rule-making; Removes the requirement that the division send the attorney general a monthly list of all persons registered and bonded with the division; Removes the restriction that any financial instrument filed with the division is only revocable upon the written consent of the attorney general; Clarifies the disclosures that are required to be made in contracts for the sale of manufactured homes; Clarifies that any fines paid to the division by a seller must be credited by the state treasurer to the building regulation fund; Clarifies the types of homes that may not be excluded by counties and municipalities; and Clarifies that a county or municipality must comply with the state requirements for local installation standards when enacting building code provisions for a manufactured home.(Note: This summary applies to this bill as enacted.)
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House Bill 14-1387, enacted in 2014, inadvertently removed, through the use of the definition of "real property", the authority of the department of personnel (department) to negotiate and execute leases for state use of privately owned property, including land, office space, buildings, and special use interests. This eliminated a decades-old policy for the department to serve as the central authority to assist state agencies and state institutions of higher education to lease needed office space and other property interests. The department has been operating under custom and practice to keep negotiating and executing such leases since House Bill 14-1387 was enacted.The act officially reinstates this authority to the office of the state architect in the department, which houses the real estate program. The real estate program is the program responsible for centralized leasing.(Note: This summary applies to this bill as enacted.)
The act clarifies that if a small employer has been issued a health benefit plan subject to small group insurance laws and rules, and then following the issuance date subsequently employs more than 100 employees, the small group insurance laws and rules continue to apply to the plan as long as the employer renews the current health benefit plan. If the employer opts to renew its current plan, the act requires an insurance carrier to offer the employer the same small group health benefit plan or, if the same plan is no longer available, a similar plan that the carrier offers to other small employers.The act requires an insurance carrier to notify the employer that the small group insurance laws and rules will no longer apply if the employer fails to renew the current plan or elects to enroll in a different health benefit plan.(Note: This summary applies to this bill as enacted.)
The act gives home owners in a mobile home park the opportunity to make an offer to buy the park if the landlord anticipates selling it or changing the use of the land. A landlord must give notice of a pending sale to the home owners, the applicable municipality or county, the division of housing in department of local affairs, and each home owners' association, residents' association, or similar body that represents the residents of the park. A landlord must give notice of a pending change of use of the land to all home owners of the park at least 12 months before the change of use occurs. After receiving notice of a pending sale or change of use, home owners have 90 days to make an offer to purchase and arrange financing if necessary. A purchase may be made by an association representing at least 51% of the home owners. The landlord may request that information relating to any pending offer be kept confidential and, if the landlord so requests, the association is required to do so. If a sale of a mobile home park occurs and the home owners are not the buyers, the landlord must send the municipality or county and the division of housing an affidavit of compliance with the requirements of the act. The notice and purchase-option provisions do not apply if the proposed sale is to a family member of the landlord, another closely affiliated person or entity, or someone who is already a cotenant of the property or if a transfer occurs due to inheritance or eminent domain.(Note: This summary applies to this bill as enacted.)
The act makes various changes and additions to the existing "Mobile Home Park Act" and "Mobile Home Park Act Dispute Resolution and Enforcement Program" (program). The act clarifies provisions relating to notices that the management of a mobile home park (management) is required to provide to a home owner in the mobile home park (home owner) when management intends to terminate the home owner's tenancy in the mobile home park (park). The time a home owner has to cure certain instances of noncompliance is increased from 30 days to 90 days, and this 90-day period to cure runs concurrently with the period to sell the mobile home or remove it from the premises, which is increased from 60 to 90 days. The act restates, with amendments, the permissible reasons for which management may terminate a home owner's tenancy and the notice requirements associated with a termination. Currently, management may terminate a home owner's tenancy if the homeowner's conduct constitutes an annoyance to other homeowners or interference with management. The act eliminates this as a permissible reason for termination of tenancy. When a landlord intends to change the use of the land on which a park sits, and the change will result in eviction of the home owners, the amount of prior notice that the landlord is required to provide to the home owners is increased from 6 months to 12 months. A notice to quit tenancy and a notice of nonpayment of rent must include language notifying a home owner of the home owner's right to file a complaint through the program. Currently, management may charge an amount up to 2 month's rent as a security deposit for a multiwide unit. The act reduces the amount to no more than one month's rent. The act clarifies management's duties concerning maintenance and repair of a park and creates new duties relating to the maintenance and repair of water, sewer, and other utility service lines or related connections. Management must annually provide certain information concerning water usage and billing to home owners and post the information in a clearly visible location in at least one common area of the park. If management charges home owners for water usage in the park, management must provide each home owner a monthly water bill showing the amount owed by the home owner, the total amount owed by all home owners in the park, the methodologies used to determine the amount billed to each home owner, and, if management purchases the water from a provider, the total amount paid by management to the provider. The act prohibits management from taking retaliatory action against a home owner who exercises any right conferred upon the home owner by law. An action by management is presumed to be retaliatory if the action was taken within 120 days after the home owner made an effort to secure or enforce the home owner's rights, and management may rebut a presumption of retaliation with sufficient evidence that an action was taken against the home owner for a nonretaliatory purpose. The act allows management to add or amend rules and regulations only after acquiring the consent of each home owner or after providing written notice of the amendment to each home owner at least 60 days before the amendment becomes effective. A home owner may file a complaint challenging a rule, regulation, or amendment pursuant to the program within 60 days after receiving the notice. If a home owner files a complaint, and the new or amended rule or regulation will increase a cost to the home owner in an amount equal to or exceeding 10% of the home owner's monthly rent obligation under the rental agreement, management may not enforce the rule, regulation, or amendment unless and until the parties reach an agreement concerning the rule, regulation, or amendment or the dispute resolution process concludes with a written determination that the rule, regulation, or amendment may be enforced. The act requires management to respect the privacy of home owners. Management has a right of entry to the land upon which a mobile home is situated for the maintenance of utilities and to ensure compliance with applicable codes, statutes, ordinances, administrative rules, rental agreements, and the rules of the community. A landlord shall not make entry in a manner that interferes with a home owner's peaceful enjoyment of the land except in the case of an emergency. Except when posting notices that are required by law or by a rental agreement, management shall make a reasonable effort to notify a home owner of management's intention to make entry at least 48 hours before making entry. (Note: This summary applies to this bill as enacted.)
The act acknowledges the challenges to the state's health care systems caused by the COVID-19 virus, which has resulted in hospitals, in their efforts to keep patients and employees in a safe environment and minimize the risk of spreading the virus, limiting patients' ability to have loved ones visit them during hospitalizations. The act encourages hospitals to follow infection prevention protocols and identify ways to improve patient visitation policies. (Note: This summary applies to this bill as enacted.)
The bill updates language in the "Colorado Homeless Youth Services Act" and establishes the services for youth experiencing or at risk of experiencing homelessness grant program (grant program) in the department of local affairs (department). The age requirement for such youth is increased to 24 years of age or younger from more than 11 years of age to less than 21 years of age. The department shall promulgate rules concerning the grant program, and the office of homeless youth services shall administer and monitor the grant program. The grant program consists of up to 5 awards of up to $250,000 each awarded on or before January 1, 2021. Grant awards may only be awarded to existing providers of services to youth experiencing or at risk of experiencing homelessness, with priority given to those service providers that can expand services to underserved areas of the state, including street and community outreach, drop-in centers, emergency shelters, and supportive housing and transitional living programs. The bill requires the department to prepare and submit a report to the appropriate committees of the general assembly on the outcomes of the grant program. (Note: This summary applies to this bill as introduced.)
There is currently a state income tax credit for a monetary contribution made prior to January 1, 2025, to promote child care in the state (credit). The credit is equal to 50% of a qualifying contribution. For income tax years that commence on or after January 1, 2020, the bill: Increases the age of a child from 12 to 18 in the definition of "child care", which expands the types of facilities to which a donation would qualify for the credit; and Specifies that a monetary contribution to a child advocacy center is a monetary contribution to promote child care in the state.(Note: This summary applies to this bill as introduced.)
Investor-owned Utility Review Interim Study Committee. The bill declares that the concept of "community choice energy" (CCE), under which a community may choose to purchase electricity at wholesale through a supplier other than the local investor-owned electric utility, has the potential to enable communities to meet their renewable energy goals and save money without disrupting the local utility's current status as sole supplier of transmission, distribution, and customer service functions. To lay the groundwork for potential adoption of CCE in Colorado, the bill proposes 2 studies: A feasibility study, conducted by an independent energy expert under the guidance of the public utilities commission (PUC), to examine the financial and technical requirements that would need to be met for CCE to be viable and beneficial; and An investigatory proceeding at the PUC, inviting testimony and documentation from persons with firsthand knowledge of utility operations, CCE, or both, including regulators from other states in which CCE has been implemented. The goal of the investigation is to identify best practices and recommend legislative changes that would allow CCE to function well in Colorado if adopted. The bill directs that reports of the results of the feasibility study and the investigatory docket be given to the legislative committees with jurisdiction over energy matters in late 2020. (Note: This summary applies to this bill as introduced.)