Rep. Kyle Brown

Beginning on or before July 1, 2027, the act requires a county department of human or social services (county department) to determine whether a child or youth who is in foster care and who has a deceased parent (child or youth) may be eligible to receive survivor benefits administered by the United States railroad retirement board, social security administration, or veterans benefits administration (federal survivor benefits). The county department must make an initial eligibility determination within 90 days after assuming legal custody of or authority over the child or youth. Under current law, certain federal agencies appoint a representative payee or fiduciary (representative payee) to receive and manage federal benefits on behalf of a child or youth in foster care. If a child or youth may be eligible for federal survivor benefits and the county department is the most appropriate representative payee, the act requires the county department to apply for federal survivor benefits on behalf of the child or youth. If the county department determines that the child or youth may be eligible for federal survivor benefits but that the county department is not the most appropriate representative payee, the county department shall provide information to the prospective representative payee that the county department has identified about how to apply for federal survivor benefits on behalf of the child or youth and how to become the child's or youth's representative payee. Under current law, a county department serving as a representative payee may use federal benefits to offset the cost of providing basic care and services to a child or youth in foster care. The act prohibits this offset practice with respect to federal survivor benefits. Instead, the act directs a county department serving as a representative payee to establish an account for the federal survivor benefits (account). A county department serving as a representative payee must save money in the account for the needs of the individual child or youth. Once the child or youth leaves foster care, the county department is required to release funds in the account to the child or youth. The act sets forth various accounting and notice requirements related to federal survivor benefits and requires the department of human services (department), in consultation with interested stakeholders, to adopt rules providing guidance for county departments. The guidance extends to procedures for identifying a representative payee, county department responsibilities when federal survivor benefits are denied or when a child or youth leaves foster care, and policies governing the establishment and maintenance of an account for federal survivor benefit funds. The department must provide technical assistance to a county department about how to conserve federal survivor benefit funds in the best interests of an individual child or youth. (Note: This summary applies to this bill as enacted.)

The act requires a property insurer that uses a wildfire risk model, a catastrophe model, or a scoring method to assign risk to: For the purposes of underwriting homeowners and other property insurance policies, adhere to specific requirements to share information with the commissioner of insurance (commissioner) and the public, include specific activities in the models, and provide notices to policyholders; Submit available data concerning the models and scoring method as required by rule of the commissioner to the division of insurance as part of the insurer's rate filings; and Ensure that specific factors are either incorporated in the wildfire risk model, catastrophe model, or combination of models or are otherwise demonstrably included in the insurer's underwriting and pricing. If an insurer does not incorporate property-specific and community-level mitigation actions into its models, the act requires the insurer to provide discounts to policyholders who demonstrate actions taken on the property to reduce the risk of loss. The act requires an insurer to post on its website information regarding premium savings that are available to policyholders who undertake property-specific mitigation actions or provide evidence of community-level mitigation actions and the process for appealing a wildfire risk score. The act requires an insurer that provides a mitigation discount or that uses a wildfire risk model or risk score to underwrite, nonrenew, price, create a rate differential, or surcharge the premium based upon the policyholder's or applicant's wildfire risk to provide an annual written notice to each policyholder or applicant for property insurance of the applicable mitigation discounts, the wildfire risk score, and any other wildfire risk classification used by the insurer to underwrite the policyholder's or applicant's wildfire risk. The insurer is required to provide the wildfire risk score or classification to the policyholder or applicant. The act authorizes the policyholder and applicant to appeal the score or classification directly to the insurer. The act authorizes the commissioner to adopt rules. (Note: This summary applies to this bill as enacted.)

The act: Requires that a seller of an electrical assisted bicycle must make certain disclosures to the purchaser regarding the characteristics of the electrical assisted bicycle; Requires that, on or after January 1, 2027, a manufacturer or distributor of a new electrical assisted bicycle must label each electrical assisted bicycle with the highest class or each of the classes in which the electrical assisted bicycle is capable of operation; Prohibits a person from selling or offering to sell a vehicle that is not an electrical assisted bicycle if the vehicle is falsely labeled as an electrical assisted bicycle. A violation is a deceptive trade practice under the "Colorado Consumer Protection Act". Prohibits a person from advertising, offering for sale, or selling a vehicle that is not an electrical assisted bicycle by using certain words associated with electrical assisted bicycles without providing a disclosure that the vehicle is not in fact an electrical assisted bicycle. A violation is a deceptive trade practice under the "Colorado Consumer Protection Act". Requires that a lithium-ion battery or a second-use lithium-ion battery (battery) that is part of or intended for use in an electrical assisted bicycle must be certified by an accredited testing laboratory for compliance with certain battery standards and that the certification or name of the accredited testing laboratory must be included on the packaging or documentation for the battery or on the battery itself; and Clarifies that a multiple mode electrical assisted bicycle must meet all the requirements applicable to each respective class of electrical assisted bicycle for which the multiple mode electrical assisted bicycle provides for operation. Currently, "electrical assisted bicycle" is defined as having to conform to one of 3 classes based on the highest achievable speed and type of motor of the electrical assisted bicycle. The act amends the existing definition of "electrical assisted bicycle" to clarify that the following vehicles are not an electrical assisted bicycle: A vehicle that is modified so that it no longer meets the requirements for any electrical assisted bicycle class; or A vehicle that is designed, manufactured, or intended by the manufacturer or seller to be easily configured so as not to meet all the requirements of an electrical assisted bicycle class. The act also defines "multiple mode electrical assisted bicycle" to account for electrical assisted bicycles that are capable of switching between different classes. (Note: This summary applies to this bill as enacted.)

The act implements recommendations made by the direct care workforce stabilization board (board) by: Requiring the board to investigate health-care benefits for the direct care workforce; Requiring the department of labor and employment (department) to collaborate with the board and other entities to establish a comprehensive "know your rights" training for direct care workers; Requiring the department to ensure that the "know your rights" training is available to direct care workers, to allow worker organizations to participate in the training free of charge, and to report direct care worker training completion information to the board; and Requiring direct care employers to document each direct care worker's completion of the "know your rights" training. The act also requires the director of the division of labor standards and statistics (director) in the department to provide compliance assistance to direct care employers and investigate possible violations by the direct care employers. The director is also required to enforce compliance with the requirements in the act. To implement the board's recommendations, the act also requires the department of health care policy and financing to: In collaboration with the board, establish a website and communication platform for direct care workers and develop a direct care worker-specific notice of rights for direct care employers; Collaborate with direct care employers to inform direct care workers about the website and communication platform; and Allow specified entities access to the contact information of each direct care worker enrolled in the communication platform. For the 2025-26 state fiscal year, the act appropriates $120,105 to the department of health care policy and financing based on an assumption that the department of health care policy and financing will receive certain federal funding. Also for the 2025-26 state fiscal year, the act appropriates $168,459 to the department of labor and employment for use by the division of labor standards and statistics. (Note: This summary applies to this bill as enacted.)

Infusion pharmacies supply medicaid members with parenteral nutrition, which provides patients with essential nutrients through an intravenous infusion. The act requires the state department of health care policy and financing (state department) to create specific professional dispensing fees for the preparation and dispensing of parenteral nutrition (fees) to encourage an adequate level of market participation among infusion pharmacies that serve medicaid members. During the year beginning January 1, 2026, the fees must not exceed 30% of infusion pharmacy administrative costs for the preparation and dispensing of parenteral nutrition. The state department shall seek federal authorization, as necessary, to implement the fees. The act requires the state department to annually report on the adequacy of the infusion pharmacy network that supplies parenteral nutrition to medicaid members. For the 2025-26 state fiscal year, the act appropriates $54,832 to the state department from the general fund. The state department may use the appropriation for medical and long-term care services for medicaid-eligible individuals. The general assembly anticipates that the state department will receive an equal amount in federal funds to implement the act. (Note: This summary applies to this bill as enacted.)

Section 1 of the act allows a person to access a suppressed court record if that person affirms that they are accessing the record on behalf of the attorney general for the purpose of investigating any violation of state law that the attorney general may enforce. Section 2 clarifies that the attorney general has the power to initiate and bring civil and criminal actions to enforce certain state landlord-tenant laws and that these actions must be initiated and brought within existing appropriations. Sections 4 and 5 grant counties, cities and counties, and municipalities the power to initiate and bring civil actions to enforce certain state landlord-tenant laws. Sections 4 and 5 also create requirements related to a county, city and county, or municipality retaining a private attorney to initiate or bring these civil actions. Section 6 establishes a receivership mechanism that is available as a remedy for violations of applicable laws and regulations by the landlord of multifamily residential property. The attorney general, a county, a city and county, and a municipality may all apply to a district court for the appointment of a receiver to operate a multifamily residential property if there is reasonable cause to believe that the landlord has engaged in a pattern of neglect, as defined in the Act, in connection with the property. The act establishes the process for a district court appointing a receiver, including requiring a hearing and an order of appointment that specifies the duties of a receiver, and the criteria for qualifying as a receiver. No sooner than 90 days after the district court appoints a receiver, the landlord of the relevant property, a lessee of the entire relevant property, the attorney general, or a county, city and county, or municipality may submit an application to the district court to terminate the receivership. As with the appointing of a receiver, section 6 establishes the process by which a district court may terminate a receivership. (Note: This summary applies to this bill as enacted.)

Embodied carbon is the carbon associated with greenhouse gas emissions arising from the production, construction, use, and end-of-life of products or systems used in the construction of buildings, roads, and other infrastructure. Section 1 of the act adds embodied carbon improvements to the list of new energy improvements that are eligible for property-assessed clean energy financing provided by the Colorado new energy improvement district. An embodied carbon improvement is one or more installations or modifications to real property using eligible materials that result in the reduction of the installation's or modification's embodied carbon emissions. Section 2 modifies the industrial clean energy tax credit so that embodied carbon investments are greenhouse gas emissions reduction improvements that, if certified, are eligible for the credit for a portion of the capital costs incurred in placing them in service. An embodied carbon investment is one that results in a 15% or greater reduction in cradle-to-gate embodied emissions of eligible materials when compared to the eligible materials' cradle-to-gate baseline. (Note: This summary applies to this bill as enacted.)

The act reorganizes and updates statutes pertaining to the duties of the office of the child protection ombudsman (office) and the child protection ombudsman (ombudsman). The act: Clarifies when the ombudsman may receive and conduct an independent and impartial investigation of complaints concerning child protection services; Clarifies the types of information, documents, or records that the ombudsman does and does not have access to; Reorganizes statutes that pertain to when an ombudsman investigates a complaint; Reorganizes statutes that pertain to the ombudsman's duties; Reorganizes and creates a new provision that pertains to the office's access to information necessary to conduct an independent review of a complaint; Reorganizes and creates a new provision focused on the office's and ombudsman's duty to confidentiality; and Provides the office access to residential child care facilities and facilities established and operated by the department of human services (facilities). The office may only access facilities in coordination with the facility directors in response to a request from a child or youth residing in the facility; in response to a request from a child's or youth's family member, caregiver, or other concerned individual; or to distribute materials created by the office informing children or youth on how to access the office, the office's services, and how to file a complaint with the office.(Note: This summary applies to this bill as enacted.)

The act exempts an assisted living residence that has not undergone new construction or major renovations from complying with the facility guideline institute guidelines. The department of health care policy and financing (state department) must establish a process for reviewing and updating the general billing manual on an annual basis and ensure that the general billing manual includes all necessary CPT codes or links to the state department's list of CPT codes. The act allows the Colorado healthcare affordability and sustainability enterprise to receive public funds. Beginning January 1, 2026, for claims that must be reprocessed as a result of updating the provider rates, the act requires a managed care organization to issue payment to a contracted provider within one year after the provider rate is updated. The state department must notify the managed care organizations of changes to the provider rates within 60 days of changing the provider rates. The act requires the state department to include in each new contract with, or renewal of a contract with, a managed care entity (MCE) a provision requiring the MCE to submit to the state department, on an annual basis, the amount the MCE is paid and the MCE's medical loss ratio. The state department is required to publish this information, as well as historical medical loss ratio data for each MCE, and publish on an annual basis audit findings regarding an MCE's most recently completed medical loss ratio audit on the state department's website. The act prohibits the state department from imposing signature requirements on a physician or practitioner certifying a medicaid member's (member) plan of care that involves physical therapy, occupational therapy, or speech therapy. The act requires that for members receiving home- and community-based services, if a service the member receives is discontinued or no longer a covered service, the state department must confirm the timeline for the continuity of treatment with the federal centers for medicare and medicaid during the transition period of the benefit or service being discontinued and must communicate that timeline to the member impacted by the benefit or service being discontinued. (Note: This summary applies to this bill as enacted.)

The act makes updates to the streamlined solar permitting and inspection grant program (grant program). The grant program provides funding for the adoption and implementation of automated permitting and inspection software. The act clarifies that funding from the grant program may be used by a recipient for eligible expenses for up to 3 years after the grantee implements the automated permitting and inspection software. The act also permits the Colorado energy office (office) to spend up to 9% of the money remaining in the grant program's cash fund as of September 1, 2025, for paying the direct and indirect costs of the office in administering the grant program. (Note: This summary applies to this bill as enacted.)