Rep. Kyle Brown

The act creates the rural housing and development asbestos and lead paint abatement pilot grant program (pilot grant program) in the department of public health and environment (department) to award grants, beginning July 1, 2025, to local governments in rural areas to offset costs associated with the abatement of asbestos and lead paint in housing, commercial buildings, and other development projects. To be eligible for a grant, a local government must submit an application to the department. The application must: For renovation or demolition sites, include an inspection report consistent with rules detailing asbestos-containing materials in excess of trigger levels; For renovation of lead-based paint abatement sites, include a description of eligibility that shows that the facility meets the statutory definition; For both asbestos and lead-based paint abatement, renovation, or demolition, include documentation demonstrating that the applicant has acquired any necessary permits and regulatory approval from the air pollution control division; and Include an assessment of needs of the local government's rural communities. The act creates the rural housing and development asbestos and lead paint abatement fund (fund) in the state treasury. The fund consists of money generated from penalties and fines collected in association with violations of laws concerning hazardous materials in an amount up to $200,000 for the 2025-26 state fiscal year and up to $200,000 for the 2026-27 state fiscal year. The department may expend money in the fund to award grants. The pilot grant program and the fund are repealed, effective July 1, 2027. APPROVED by Governor June 3, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

For civil actions filed on or after January 1, 2025, the act increases the cap on damages for noneconomic loss or injury from $250,000 to $1.5 million, and, starting January 1, 2028, and every 2 years thereafter, adjusts the damages cap based on inflation. Current law specifies who may sue for wrongful death. The act adds a sibling of the deceased as a party who may bring a wrongful death action in certain circumstances. The act imposes a wrongful death damages cap of $2.125 million, and, starting January 1, 2028, and every 2 years thereafter, adjusts the damages cap based on inflation. Beginning January 1, 2025, the act incrementally increases the medical malpractice wrongful death damages limitation to $1.575 million over the course of 5 years. Thereafter, the cap is adjusted biennially for inflation. Existing law limits the amount recoverable for noneconomic damages in medical malpractice actions to $300,000. Beginning January 1, 2025, the act incrementally increases the noneconomic damages limitation to $875,000 over the course of 5 years. Thereafter, the cap is adjusted biennially for inflation. APPROVED by Governor June 3, 2024 EFFECTIVE January 1, 2025(Note: This summary applies to this bill as enacted.)

For individual health benefit plans, if a covered person has paid any out-of-pocket expenses and the individual's health insurance carrier (carrier) exits the health insurance market and can no longer provide health insurance benefits to the individual, the act requires the individual's new carrier to credit all of the out-of-pocket expenses paid by the individual in accordance with the original health benefit plan in the given plan year to the new health benefit plan if the individual enrolls in the new health benefit plan in the established special enrollment period. The new carrier may file a claim for the amount of any claims liability that results from the new costs to the carrier; except that a claim may not be filed with the estate of the new carrier if the new carrier has otherwise recouped its costs for out-of-pocket expenses credited to covered persons. The act grants an exception for carriers from crediting the out-of-pocket expenses if doing so would make the carrier insolvent. The act grants rule-making authority to the commissioner of insurance. APPROVED by Governor June 3, 2024 EFFECTIVE January 1, 2025(Note: This summary applies to this bill as enacted.)

To the extent the coverage is not in addition to the benefits provided pursuant to the health insurance benchmark plan, the act requires all individual and group health benefit plans to provide health insurance coverage for pediatric acute-onset neuropsychiatric syndrome (PANS) and includes pediatric autoimmune neuropsychiatric disorder associated with streptococcal infections (PANDAS). The coverage provided for PANS and PANDAS must adhere to treatment recommended and be developed by a consortium of medical professionals convened to identify and publish clinical practice guidelines and evidence-based standards for the diagnosis and treatment of PANS and PANDAS. The coverage includes, among other treatments and therapies, antibiotics, medication and psychological and behavioral therapies to manage neuropsychiatric symptoms, immunomodulating medicines, plasma exchange, and intravenous immunoglobulin therapy if certain conditions are met. The mandatory coverage provision applies to large group policies and contracts issued or renewed in this state on or after January 1, 2025. For individual and small group policies and contracts, the division of insurance in the department of regulatory agencies (department) shall implement the coverage for individual and small group plans on or after January 1, 2026, if the federal department of health and human services (federal department) affirms the department's determination, or otherwise affirms, that the coverage does not require state defrayal of any increased costs for coverage of PANS and PANDAS or the department determines that the federal department's unreasonable delay precludes requiring defrayal. APPROVED by Governor June 3, 2024 EFFECTIVE June 3, 2024(Note: This summary applies to this bill as enacted.)

The act directs the department of health care policy and financing (state department) to conduct a feasibility study (study) to explore seeking federal authorization to provide nutrition, housing, and tenant supportive services that address medicaid members' health-related social needs (HRSN). The state department shall report the study's findings to the joint budget committee on or before November 10, 2024. The study and report must address integrating HRSN services with existing nutrition-related, housing-related, and tenant supportive services. The act requires the state department to seek federal authorization to provide HRSN services no later than July 1, 2025, if seeking federal authorization would be budget neutral to the general fund. The act appropriates $222,920 from the general fund to the state department for use by the executive director's office (office). From this appropriation, the office may use $67,070 for personal services, $3,975 for operating expenses, and $151,875 for general professional services and special projects. The act anticipates that the state department will receive $222,919 in federal funds for the act's implementation. APPROVED by Governor June 3, 2024 EFFECTIVE June 3, 2024(Note: This summary applies to this bill as enacted.)

The act prohibits a person from knowingly carrying a firearm, both openly and concealed, in the following government buildings, including their adjacent parking areas: State legislative buildings, including buildings at which the offices of elected members are located; A building of a local government's governing body, including buildings at which the offices of elected members or the chief executive officer of a local government are located (local government buildings); and A courthouse or other building used for court proceedings. Unlawful carrying of a firearm in a government building is a class 1 misdemeanor. The act includes exceptions for law enforcement officers, members of the United States armed forces or Colorado National Guard, security personnel, persons carrying as part of the lawful and common practices of a legal proceeding, and persons who hold a permit to carry a concealed handgun (concealed carry permit) who are carrying a concealed handgun in an adjacent parking area. The act permits a local government to enact a law permitting carrying at a local government building included in the act. Members of the general assembly are exempt from the prohibition on carrying in a state legislative building until January 5, 2025. The act prohibits a person from knowingly carrying a firearm, both openly and concealed, on the property of a child care center, other than a family child care home, that is licensed by the department of early childhood or is exempt from licensing pursuant to state law, and that operates with stated educational purposes (licensed child care center); public or private elementary, middle, junior high, high, or vocational school; or any public or private college, university, or seminary (higher education institution), with exceptions. A violation is a class 1 misdemeanor. The act maintains exceptions in existing law for carrying a firearm on the property of a public elementary, middle, junior high, or high school and adds exceptions for concealed carry permit holders carrying in the parking area of a licensed child care center or higher education institution; security personnel at a licensed child care center or higher education institution; and for a licensed child care center that is on the same property as another building or improvement, carrying a firearm in an area that is not designated as a licensed child care center. Existing law prohibits openly carrying a firearm within any polling location or central count facility, or within 100 feet of a ballot drop box or any building in which a polling location or central count facility is located, while an election or any related ongoing election administration activity is in progress. The act prohibits carrying a firearm in any manner at those locations. APPROVED by Governor May 31, 2024 EFFECTIVE July 1, 2024(Note: This summary applies to this bill as enacted.)

The act modifies the college kickstarter account program (program). The act expands who may open an account and be an account sponsor on or after January 1, 2025, to include, in addition to a parent or parents of an eligible child, any other individual who provides the birth certificate number or order of adoption for an eligible child in accordance with the requirements of the program to open an account. Further, the act clarifies that on or after January 1, 2025, the amount of kickstarter funding that can be claimed is the base amount as adjusted for inflation in the year claimed plus, if the kickstarter funding is claimed in a year after the child's birth year, interest that has accrued on the base amount from the birth year to the claim year. The act also expands the membership of the program advisory board, requires the advisory board to meet at least on a quarterly basis each year, and modifies reporting requirements for the program. The act expands the period during which an account sponsor may claim kickstarter funding from 5 to 8 years from the date of the eligible child's birth or adoption and clarifies that an account is an "individual college savings account", which is any collegeinvest account. APPROVED by Governor May 31, 2024 PORTIONS EFFECTIVE May 31, 2024 PORTIONS EFFECTIVE January 1, 2025(Note: This summary applies to this bill as enacted.)

The law has required county clerk and recorders must make best efforts to coordinate with the county sheriff or the county sheriff's designee at each county jail or detention center to facilitate voting for all confined eligible electors. The act requires a county sheriff to designate at least one individual to facilitate voting for confined eligible electors at the county jail or detention center (sheriff's designee) and requires the sheriff's designee to coordinate with the county clerk and recorder. The sheriff's designee must provide information to confined individuals regarding eligibility to vote, how confined individuals can verify or change their voter registration, and how eligible confined individuals can register to vote and ensure there is reasonable access to resources to verify or change a voter registration or register to vote. The sheriff's designee must also ensure that all confined eligible electors have reasonable access to the ballot information booklet, certain information about local ballot issues, and any election-related materials that are prepared and provided to the designee in support of or in opposition to any candidate or issue on the ballot. The act also requires that the county clerk and recorder and the sheriff's designee coordinate to provide one day of in-person voting at the county jail or detention center for all confined eligible electors. The in-person voting must be open for at least 6 hours and be held on any day between the fifteenth day before election day and the fourth day before election day. Additionally, the clerk and recorder is required to confirm through the department of corrections online offender database that a confined individual is not serving a felony sentence before the individual can register to vote or is permitted to vote on the day of in-person voting. Additionally, for mail ballot elections, the sheriff's designee is required to: Establish a location at the county jail or detention center for ballots voted by confined eligible electors to be returned; Ensure that confined eligible electors have information regarding the methods by which they may return voted ballots, the designated location for voted ballots to be returned, and the latest time on election day that ballots may be deposited at the designated location; and Inspect outgoing mail at the county jail or detention center for ballots and ensure that any ballots in outgoing mail are placed instead in the designated location for collection. By not earlier than 3:00 p.m. on election day, a team of bipartisan election judges acting at the direction of the county clerk and recorder is required to conduct a final collection of ballots from the county jail or detention center that have been deposited at the designated location. The act further requires the election plan that is required under current law to include information concerning how the clerk and recorder and the sheriff's designee will facilitate the process for confined eligible electors to cure a deficiency on a voted ballot and requires the sheriff's designee to establish a process for a confined eligible elector to cure a deficiency on their ballot. The failure of the sheriff or the sheriff's designee to comply with the requirements set forth in the act is subject to assessment of a civil penalty determined by the court and payable by the county in the amount of $5,000 per violation. The civil penalty is to be credited to the department of state cash fund. The office of the secretary of state is required to create training materials for county clerk and recorders to minimally use in providing training and technical assistance to the sheriff's designee. For the 2024-25 state fiscal year, the act appropriates: $75,240 from the general fund to the department of state for use by the elections division for local election reimbursement; and $92,160 from the department of state cash fund to the department of state for use by the information technology division for personal services. APPROVED by Governor May 31, 2024 EFFECTIVE May 31, 2024(Note: This summary applies to this bill as enacted.)

The act updates Colorado state laws concerning insurance company holding systems to align with the National Association of Insurance Commissioners' model act. The changes include updating: The registration requirements for the ultimate controlling person of each insurer by adding new filing requirements to be included with the division of insurance's (division) existing registration requirements; The standards for insurance holding company transactions subject to registration with the division; Language concerning the confidential treatment of documents to include proprietary and trade secret documents and materials; and The regulatory tools that the division may use for the regulation of insurance holding companies. The act authorizes the commissioner of insurance to adopt rules applicable to certain reinsurance arrangements. The act also makes technical amendments. APPROVED by Governor May 24, 2024 EFFECTIVE January 1, 2025(Note: This summary applies to this bill as enacted.)

The act requires the office of future of work to create a grant program, in coordination with the Colorado energy office, for lineworker apprenticeship programs (grant program). In connection with the grant program, the office of future of work must create a competitive application process and select apprenticeship programs that meet certain training and matching requirements. On July 1, 2024, the state treasurer must transfer $800,000 from the general fund to the Colorado lineworker apprenticeship grant program cash fund, which is created in the act, for the purposes of the grant program. The act also requires an investor-owned electric utility that serves 500,000 customers or more in the state (qualifying retail utility) to upgrade the qualifying retail utility's distribution systems as necessary to support the: Achievement of the state's beneficial and transportation electrification and decarbonization goals; and Implementation of federal, state, regional, and local air quality and decarbonization targets, standards, plans, and regulations (decarbonization targets and standards). In connection with these goals and decarbonization targets and standards, a qualifying retail utility is required to: Commence a data collection process to inform future energization timelines; Adopt certain cost caps; Propose to the public utilities commission (commission) the use of an optional flexible interconnection or energization tariff or phased interconnection or energization agreement by a customer as an alternative to system upgrades that would otherwise be required for interconnection or energization; and Establish a procedure for customers with a hybrid facility to complete the interconnection and energization process through a single application. A qualifying retail utility is required to identify interconnection and load hosting capacity for distributed energy resources for disproportionately impacted communities within its service territory. Prior to the establishment of a grid modernization adjustment clause, a qualifying retail utility shall recover forecasted investments placed into service and costs incurred for certain capital investment and operations and maintenance expenses (distribution activities) for a period of time ending on December 31, 2025. Recovery of the costs associated with the distribution activities must occur through the transmission cost adjustment clause or another existing adjustment clause, subject to certain conditions. Current law requires certain utilities to file a distribution system plan (plan) with the commission. The act also requires the plans of a qualifying retail utility to create sufficient hosting capacity across the qualifying retail utility's electrical distribution system to support the implementation of the decarbonization targets and standards and certain other laws, rules, plans, and policies. In developing a plan, a qualifying retail utility must consult with and provide opportunities to engage disproportionately impacted communities. As part of a plan proceeding, a qualifying retail utility is required to present at least 2 future planning scenarios with corresponding investments to show future different states of the distribution system. In evaluating a qualifying retail utility's plans, the commission must evaluate whether the plan satisfies certain criteria. In addition, the plan must include a performance-based framework, which must consist of certain specified components. A qualifying retail utility must include in the qualifying retail utility's plan an analysis of current and future qualified staffing levels necessary to comply with state laws regarding distribution system planning (adequate staffing levels). The commission must review whether each qualifying retail utility's plan has adequate staffing levels before the qualifying retail utility's plan may proceed. A qualifying retail utility must ensure that, in any projects undertaken to implement a plan, all labor is performed by the employees of the qualifying retail utility or by a contractor that meets certain labor requirements. The commission must open a rule-making, for a qualifying retail utility, to consider and establish rules regarding energization timelines; interconnection; interconnection, energization, and electrification of end uses; and maximum individual customer cost caps or fees. Subject to commission review and approval, a qualifying retail utility is required to recover certain projected costs related to distribution activities as part of the qualifying retail utility's plans. If the commission finds that the distribution activities benefit or advance the decarbonization targets and standards or state energy policy goals, recovery of the costs must occur through the grid modernization adjustment clause. For distribution system activities that do not benefit or advance the decarbonization targets and standards or state energy policy goals, recovery of the costs may occur through the grid modernization adjustment clause if the qualifying retail utility meets the criteria established in the performance-based framework in the qualifying retail utility's approved plan. A qualifying retail utility is required to make an annual grid modernization adjustment clause advice letter filing with the commission no later than November 1 of each year with an effective date of January 1 of the subsequent year. No later than February 1, 2025, a qualifying retail utility is required to create and file with the commission an application to implement a virtual power plant program, including a tariff for performance-based compensation for a qualified virtual power plant. The virtual power plant program and tariff must include and implement certain requirements. A qualifying retail utility may apply to recover certain business costs to facilitate a virtual power plant program through the grid modernization adjustment clause. By January 1, 2025, a qualifying retail utility is required to file a plan with the commission to implement programs for the undergrounding of utility distribution infrastructure (undergrounding) in nonfranchised areas of the qualifying retail utility in the state using 1% of the area's gross electric revenues from the prior year. A qualifying retail utility must also consider the public benefit of undergrounding and other community benefit investments in its plans. For the 2024-25 state fiscal year, $420,500 is appropriated from the public utilities commission fixed utility fund to the department of regulatory agencies for use by the commission as follows: $382,670 for personal services; and $37,830 for operating expenses. APPROVED by Governor May 22, 2024 EFFECTIVE May 22, 2024(Note: This summary applies to this bill as enacted.)