Rep. Kyle Brown

The act requires the director of the energy and carbon management commission in the department of natural resources, at the request of a local government or tribal government, to provide technical support concerning: The development of local codes governing wind, solar, energy storage, and energy transmission projects (renewable energy projects); or The review of renewable energy projects for which a local government or a tribal government receives an application for land use approval after June 30, 2024. At the request of an owner or operator of a renewable energy facility (facility owner), a local government, or a tribal government, the division of parks and wildlife (division) must provide a set of best management practices to avoid, minimize, and mitigate wildlife impacts of renewable energy projects. The facility owner, local government, or tribal government may incorporate the best management practices into project plans, and the best management practices may be considered as conditions of approval by a local government or tribal government with land use authority over a renewable energy project. The division must also identify high-priority habitats based on the best available science, update the list of high-priority habitats at least annually, and make the list publicly available. A facility owner, local government, or tribal government may consider the high-priority habitats in planning, siting, permitting, and developing renewable energy projects. The act requires the Colorado energy office (office), in cooperation with the department of local affairs and the department of natural resources, to develop a repository of codes and ordinances that support renewable energy projects and commercial energy transmission facilities for the purpose of providing conceptual frameworks that local governments and tribal governments may consider and adapt to suit local circumstances and address local energy resources. On or before September 30, 2025, the office must submit to the general assembly a report that: Evaluates local government processes for the siting of commercially viable renewable energy projects and commercial energy transmission facilities; and Evaluates the impact of renewable energy projects and commercial energy transmission facilities on wildlife resources; the use of wildlife mitigation, decommissioning, and community benefit agreements; and the range of fees imposed by local governments. In preparing the report, the office must provide opportunities for stakeholders and the public to provide input before the final report is completed. For renewable energy projects for which a local government receives an application for land use approval after June 30, 2024, the act prohibits a local government from granting a development permit for the construction of a facility in any area that is included within the land relinquished and conveyed by the confederated bands of the Ute nation to the United States in the Brunot Agreement of September 13, 1873, unless the local government first consults with the tribal governments of the Ute Mountain Ute Tribe and the Southern Ute Indian Tribe concerning the potential impacts to hunting, fishing, and gathering rights related to the construction of the facility. For the 2024-25 state fiscal year, the act appropriates $307,991 to the department of natural resources from the wildlife cash fund. For the 2024-25 state fiscal year, the act appropriates $95,490 to the department of natural resources from the energy and carbon management cash fund for use by the energy and carbon management commission. APPROVED by Governor May 21, 2024 EFFECTIVE May 21, 2024(Note: This summary applies to this bill as enacted.)

Section 2 of the act creates a state income tax credit for owners of aircraft that incur qualifying expenses to enable an aircraft that is powered by leaded aviation gasoline to be certified to instead be powered by unleaded aviation gasoline. Sections 3 and 6 provide explicit authority in the existing state aviation grant program for aviation fund grants: To general aviation airports and commercial airports at which there is significant general aviation activity to fund the design, engineering, construction, installation, acquisition, and inspection of infrastructure, including equipment, that allows the sale of unleaded aviation gasoline at such airports and to subsidize purchases of unleaded aviation gasoline at such airports; For airport noise monitoring devices; For evaluation, provision of education and technical assistance to airports about, prevention, or mitigation of adverse impacts to the health, safety, and welfare of individuals who reside or work near an airport; and At a time that electric aircraft technology has been appropriately certified by the federal aviation administration, for on-airport electric aircraft charging infrastructure. Section 6 also: Requires the lesser of 10% of the amount awarded in grants per year or $1,500,000 per year in grants to be designated for the aviation purposes of aiding and accelerating the transition from leaded aviation gasoline to unleaded aviation gasoline with priority given to airports with significant general aviation traffic in urban and suburban areas where surrounding communities may be disproportionately impacted by such traffic; and Subject to specified exceptions, prohibits grants from being awarded to an airport that is located in a densely populated residential area or has a significant number of flights over a densely populated residential area unless the airport or entity operating the airport demonstrates to the satisfaction of the aeronautics division of the department of transportation (division) that: By January 1, 2026, it has adopted a plan, in accordance with applicable federal requirements and guidance, for phasing out sales of leaded aviation gasoline at the airport by January 1, 2030; It has established, in consultation with flight schools and pilots that regularly use the airport, a voluntary noise abatement plan that meets specified requirements; and It complies with the requirements of any avigation easements or contracts that it has entered into. Section 4 adds to the division's duties: Working with the department of public health and environment (CDPHE) as it continues to provide data and information about the effects of leaded aviation fuel on human health to the department of transportation and airports; and Educating airports with significant general aviation activity, as determined by the division, regarding: The need to expedite the transition from leaded aviation gasoline to unleaded aviation gasoline; and Specified funding opportunities for projects and unleaded aviation gasoline subsidies, if offered by the division, that support the transition from leaded aviation gasoline to unleaded aviation gasoline and impose requirements for accessing that funding and, if offered, those subsidies. Section 5 increases the Colorado aeronautical board (board) from 7 to 9 voting members by requiring the appointment of 2 members who are residents of communities that are affected by general aviation airport traffic or traffic at a commercial airport at which there is significant general aviation activity and makes the executive director of CDPHE, or the executive director's designee, an ex officio nonvoting member of the board. In appointing the 2 new voting members, the governor is required to give priority to individuals who are not trained pilots, are familiar with airport infrastructure, aviation, and the mission of the board, and reside in a community that is significantly impacted by noise or lead emissions by a high-traffic airport with significant general aviation activity. The governor is also required to make appointments to the board so as to ensure a balance broadly representative of the activity level of airports throughout the state and further ensure that the racial, ethnic, and gender makeup of the board is representative of communities that are disproportionately impacted by general aviation airport traffic or traffic at a commercial airport at which there is significant general aviation activity. Section 7 requires the division to evaluate, educate, and provide technical assistance to airports about the adverse impacts of aircraft noise on health, safety, and welfare and requires the division to prioritize these activities at airports with significant general aviation activity that are located in densely populated residential areas or have a significant number of flights over such areas. Section 8 appropriates $44,609 from the general fund to the department of revenue and reappropriates $2,591 of the appropriation to the department of personnel for implementation of the act. APPROVED by Governor May 17, 2024 EFFECTIVE May 17, 2024(Note: This summary applies to this bill as enacted.)

To facilitate the addition of an extra week between the secretary of state's deadline to certify ballot order and content pursuant to law and election officials' deadline to transmit ballots pursuant to the federal "Uniformed and Overseas Citizens Absentee Voting Act", the act submits a constitutional amendment to the voters of the state at the 2024 general election that will, if approved: Change the date by which initiative petitions must be filed with the secretary of state from at least 3 months before the general election at which they are to be voted on to at least 3 months and one week before that election; Change the date by which referendum petitions must be filed with the secretary of state from not more than 90 days after the final adjournment of the session of the general assembly that enacted the act on which the referendum is demanded to not more than 83 days after the final adjournment of that session; Change the date by which the nonpartisan research staff of the general assembly shall publish the text and title of every measure from at least 15 days prior to the final date of voter registration for the election to 45 days before the election; and Change the period during which a justice of the supreme court or a judge of any other court must file with the secretary of state a declaration of intent to run for another term from not more than 6 months or less than 3 months prior to the general election before the expiration of the judge's term to not more than 6 months and one week or less than 3 months and one week before that general election.(Note: This summary applies to this concurrent resolution as adopted.)

The act requires a mortgage servicer, upon the request of a borrower, to disclose certain information to the borrower concerning the disbursement of insurance proceeds to the borrower in the event that a residential property that is subject to a mortgage is damaged or destroyed and an insurance company pays a claim associated with such damage or destruction. In the event that a residential property is damaged or destroyed, a borrower, after consulting with the borrower's contractor, must create a written repair plan or a written rebuild plan and submit the plan to the mortgage servicer for approval. The mortgage servicer must indicate approval or disapproval within 30 days after receiving the submitted plan. The plan must include specific milestones that require the mortgage servicer to disburse insurance proceeds. However, a mortgage servicer must also disburse insurance proceeds to a borrower in specified amounts, depending on the amount of the insurance proceeds and whether the borrower is delinquent in making payments on the mortgage. For the purpose of such disbursements: A mortgage servicer must make the first disbursement within 14 days after the mortgage servicer receives the insurance proceeds if the mortgage is insured by the federal government or securitized by the federal national mortgage association or the federal home loan mortgage corporation and as soon as reasonably possible and no later than 30 days after the mortgage servicer receives the insurance proceeds if the mortgage is not insured by the federal government or securitized by the federal national mortgage association or the federal home loan mortgage corporation; and A mortgage servicer may disburse funds directly to a designee of a borrower so long as the designee is agreed to by both the borrower and the mortgage servicer and the designation is permitted by federal and state law and any associated rules. With certain exceptions, a mortgage servicer must promptly disburse to a borrower any amount of insurance proceeds in excess of the remaining amount that the borrower owes on the mortgage. A mortgage servicer must hold in an interest-bearing account any insurance proceeds that the mortgage servicer does not immediately disburse to a borrower. A mortgage servicer must ensure that any interest that is credited to the account is credited and disbursed to the borrower. A mortgage servicer must retain for at least 4 years all written and electronic communications between the mortgage servicer and a borrower. The act repeals certain provisions of existing law concerning the disbursement of insurance proceeds following a claim of property damages. APPROVED by Governor May 17, 2024 EFFECTIVE May 17, 2024(Note: This summary applies to this bill as enacted.)

The bill requires the division of insurance (division) to conduct or cause to be conducted a study of construction liability insurance for construction professionals in Colorado. The study must identify the following: All insurers offering construction liability policies in Colorado (policies); The rates charged by insurers for policies and the basis for the rates, including data for the past 5 years, if available; Risk factors, classifications, and coverage descriptions insurers use to set policy rates; A comparison of the policy rates insurers charge with rates charged by other states in the region to cover similar residential projects; Policy coverage terms; and Common limitations or exclusions from policy coverage. The bill requires that, at least 14 days prior to closing the sale of a new residence, the seller of the residence provide the purchaser and the county clerk and recorder's office for the county where the new residence is located with information regarding the insurance coverage for the property subject to the sale, including: Identification of each policy and the coverage provider that may provide coverage for a construction professional's work on the residence; The amount of the policy limits for each policy identified; The policy period for each policy identified, including whether the policy provides coverage on a claims-made basis or occurrence basis; and Identification of relevant exclusions from coverage.(Note: This summary applies to this bill as introduced.)

Section 1 of the bill requires state agencies to prioritize awarding grants that satisfy a list of criteria described in the bill. Sections 2 and 3 require, beginning January 1, 2025, upon updating a county or municipal master plan, a county or municipality (local government) to include a climate action element in its master plan. A climate action element must include climate-related goals, plans, or strategies and a description of any money from the federal, state, or a local government that a local government has received for the implementation of any of the plans or goals described in the climate action element. The bill requires a local government to provide the Colorado energy office (office) with the climate action element and then requires the office to deliver a copy of any climate element it receives to the department of local affairs, the Colorado department of transportation (CDOT), and any other state agency that the office determines. Section 4 requires CDOT to coordinate with metropolitan planning organizations to establish criteria that define growth corridors and identify these growth corridors. Having identified these growth corridors, the department and metropolitan planning organizations shall coordinate with local governments to develop transportation demand management plans for these growth corridors. Section 5 makes 2 changes related to the statewide transportation plan. First, the bill requires the statewide transportation plan to include: An examination of the impact of transportation decisions on land use patterns; The identification of highway segments where promotion of context-sensitive highway permitting and design can encourage the development of dense, walkable, and mixed-use neighborhoods in transit-oriented centers and neighborhood centers; and An emphasis on integrating planning efforts within CDOT to support multimodal transportation, neighborhood centers, and transit-oriented centers in infill areas as well as growth corridors through the associated transportation demand management corridor planning. Second, the bill requires CDOT to conduct a study in connection with the statewide transportation plan that identifies: Policy barriers and opportunities for the implementation of context-sensitive design, complete streets, and pedestrian-bicycle safety measures in locally-identified urban centers and neighborhood centers; and The portions of state highways that pass through locally identified transit-oriented centers and neighborhood centers that are candidates for context-sensitive design, complete streets, and pedestrian-bicycle safety measures.(Note: This summary applies to this bill as introduced.)

The bill requires all private insurance companies to provide coverage for the treatment of the chronic disease of obesity and the treatment of pre-diabetes, including coverage for intensive behavioral or lifestyle therapy, bariatric surgery, and FDA-approved anti-obesity medication. No later than January 2025 The bill requires the department of health care policy and financing (department) to seek federal authorization to provide treatment for the chronic disease of obesity and the treatment of pre-diabetes. Within existing appropriations and upon receiving federal authorization, the department is required to notify medicaid members in writing about the availability of the treatment. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Current law requires the pipeline safety rules of the public utilities commission (commission) to address the mapping of all pipelines within the commission's jurisdiction. The bill clarifies current law by requiring the commission's mapping requirements for all pipelines within its jurisdiction to be available at a scale of 1 to 6,000 or greater. On or before December 31, 2024, the commission must adopt rules that require: An owner or operator of a transmission line, a distribution system, or a gathering line to use advanced leak detection technology in accordance with certain requirements; An owner or operator of a transmission line, a distribution system, or a gathering line or an investor-owned natural gas utility (owner or operator) to repair grade 1 gas leaks immediately upon detection, grade 2 gas leaks no later than 60 days after detection, and grade 3 gas leaks no later than one year after detection; and That all pipeline road and railroad crossings are inspected with advanced leak detection technology on a monthly basis for damage caused from traffic. The bill also requires a section of pipeline that has not been used for 2 or more years to be removed or abandoned in place. An owner or operator may abandon a section of pipeline in place only in certain circumstances. If an owner or operator intends to remove a section of pipeline or abandon a section of pipeline in place, the owner or operator must notify the commission no less than 30 days before the owner or operator commences the removal or abandonment in place. The commission may review a notice of abandonment in place to determine whether the proposed abandonment in place is less impactful than removal. The bill also requires the commission to develop a user-friendly, public-facing website (website) for pipeline safety data in the state. The website must include the location, date, and owner or operator for the following data: Reportable safety events; Violations; Compliance actions; Pipeline inspection data; and How to access the mapping of pipelines within the commission's jurisdiction. Current law provides that any person that violates certain pipeline safety laws is subject to a penalty of up to $200,000 dollars per violation. The bill changes this maximum penalty to $500,000 per violation. The amount of the penalty must also be no less than $5,000 for each day of a violation and, in the event that the commission deems that the penalty is necessary for the protection of public health, safety, welfare, the environment, or wildlife resources, no less than $15,000 per day of a violation. Beginning in 2026, the commission is required to adjust the penalty amounts for inflation every 2 years. Current law allows the commission to reduce penalties based on certain metrics and factors (factors). The bill changes current law to allow the commission to also increase penalties based on the factors and adds additional factors that the commission must consider. Except with respect to an owner or operator of a distribution system serving fewer than 1,000 customers in the state, the commission is prohibited from reducing a penalty based on the factors by more than 15% and the violator is required to conduct certain compliance actions before a reduction occurs. (Note: This summary applies to this bill as introduced.)

Existing law limits the amount recoverable for noneconomic damages in medical malpractice actions to $300,000. Beginning January 1, 2025, the bill incrementally increases the noneconomic damages limitation to $500,000 over the course of 5 years. (Note: This summary applies to this bill as introduced.)

Currently, 12 Colorado counties, including Archuleta, Boulder, Chaffee, Clear Creek, Douglas, Eagle, El Paso, Gilpin, Gunnison, Jefferson, Ouray, and Summit (affected counties), require some form of wildfire mitigation in connection with the construction of a new residence but not with the sale of an respect to an existing residence. Because the affected counties are among the most at-risk counties for wildfires, section 2 of the bill requires the affected counties to leverage their existing wildfire mitigation expertise to establish a program for point-of-sale wildfire mitigation certification in connection with the sale of an existing residence located in the county. Likewise, the codes and standards for wildfire mitigation developed by the wildfire resiliency code board apply only to permitting and inspections for new construction or significant structural expansions or alterations. Section 1 of the bill authorizes counties to establish a program to require wildfire mitigation of existing residences and other structures in accordance with wildfire mitigation standards developed by the Insurance Institute for Business and Home Safety (IBHS), the Colorado state forest service (forest service), the wildfire resiliency code board, or other standards as determined by the county. Section 3 details the minimum requirements for a county point-of-sale wildfire mitigation certification program. The bill also specifies limitations on such programs and encourages counties to create and maintain a web-based clearing house of state and county-level technical assistance and funding resources. Section 3 also authorizes any county that is not an affected county and any municipality to establish by ordinance or regulation a program for a homeowner to obtain certification of compliance with the Colorado state forest service's phase one wildfire mitigation standards in connection with the sale of the homeowner's residence. Section 4 makes a conforming amendment to the existing Colorado state forest service web-based clearing house to require the inclusion of information to educate and assist homeowners in accessing resources to comply with the county point-of-sale programs established pursuant to section 3. Section 2 sets forth the requirements and limitations for a wildfire mitigation program for existing residences that an affected county, or any other county, may establish pursuant to its authority granted in section 1. A county may establish by ordinance or regulation a program to require wildfire mitigation of an existing residence or structure located in an area within the county that is subject to a building code that includes wildfire mitigation requirements in connection with the issuance of a residential building permit or certificate of occupancy in accordance with one or more of the following: IBHS wildfire mitigation standards; Zone one, zone 2, or zone 3 wildfire mitigation standards as set forth in the forest service's publication, "The Home Ignition Zone"; Wildfire resiliency code board wildfire mitigation standards; or Other standards as determined by the county. Such a program must include a written policy and procedure for a homeowner to seek a reasonable extension of a program deadline or an exemption from a program requirement on the basis of unforeseen or emergency circumstances or undue burden, as determined by the county. Section 2 also requires that each of the affected counties post on a public website a list of individuals and entities that perform wildfire mitigation services in the county, including contact information. The counties are also encouraged to include on the same website a copy of or link to: The IBHS's wildfire-prepared home program guide, or a successor publication; The forest service's publication, the "The Home Ignition Zone", or a successor publication; The wildfire resiliency code board's recommendations for wildfire mitigation, including recommendations set forth in codes, standards, or rules of the board; and County-specific technical assistance and funding resources for wildfire mitigation by homeowners. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)