Rep. Tammy Story

Under current law, every health-care provider is required to report specified information about an individual known to the provider to have a diagnosis of or a positive test for a sexually transmitted infection to the department of public health and environment or a local public health agency. The act exempts from this reporting requirement a mental health professional who is not engaged in testing a patient for, diagnosing a patient with, or treating a patient with a sexually transmitted infection. APPROVED by Governor April 10, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)

The act grants the state historical society, also known as history Colorado, the authority to sell 3 properties that no longer fit within the mission of history Colorado. Specifically, the act grants history Colorado the authority to sell the following: The real property known as the McFarlane House in Central City; The real property known as the Pearce-McAllister Cottage in Denver; and The real property known as the Pueblo Museum Support Center, which was used as a storage facility by history Colorado until the artifacts housed at the facility were recently moved to a more northern storage facility for better access by history Colorado staff. The act specifies that the proceeds of the sales are to be credited to the state museum cash fund to be used in connection with the acquisition or construction of a consolidated collections care and storage facility or for controlled maintenance. APPROVED by Governor March 31, 2023 EFFECTIVE March 31, 2023 (Note: This summary applies to this bill as enacted.)

The act requires: No later than February 1, 2025, the state auditor to select a random sample of operators (random sample) and provide the list of operators in the random sample to the oil and gas conservation commission (commission), the executive director of the department of revenue (executive director), and the division of administration in the department of public health and environment (division); No later than April 15, 2025, the commission, executive director, and division to submit certain reporting information for the operators in the random sample for calendar year 2023 and other information to the state auditor; No later than May 1, 2025, the state auditor to commence conducting or cause to be conducted a performance audit based on the information submitted by the commission, the executive director, and the division; and No later than March 1, 2026, the state auditor to prepare a report and recommendations based on the performance audit, which the state auditor will present to the legislative audit committee.(Note: This summary applies to this bill as enacted.)

The act allows a board of county commissioners (board), in consultation with its fire protection district or fire authority, to apply to the state engineer for the designation of a pond as a fire suppression pond. The director of the division of fire prevention and control (director) in the department of public safety is required to promulgate rules to establish criteria for boards, in consultation with fire protection districts or fire authorities, to use to identify and evaluate potential fire suppression ponds. Before applying for the designation of a pond as a fire suppression pond, a board, in consultation with its fire protection district or fire authority, must identify ponds in areas where the outbreak of a fire could result in a major wildfire disaster and perform a needs assessment of each such pond. If a pond that is under consideration for designation as a fire suppression pond is located in whole or in part upon private property, a board must acquire the voluntary written approval of each owner of private property that abuts the pond before the board applies to the state engineer for the designation of the pond as a fire suppression pond. For each pond that is identified and under consideration as a potential fire suppression pond, a board must provide notice of such fact to the state engineer. The act prohibits the state engineer, with exceptions, from ordering any pond to be drained or backfilled: While the pond is under consideration for designation as a fire suppression pond; If the state engineer has designated the pond as a fire suppression pond; or On and after the effective date of the act, and until the date upon which the director promulgates rules. The state engineer may not designate more than 30 total surface acres of pond in any county as a fire suppression pond or designate any pond as a fire suppression pond unless the pond satisfies certain requirements and the board that requested the designation provided notice of the request to interested parties included in the substitute water supply plan notification list established for the water division in which the pond is located. The state engineer may impose reasonable requirements on a board as a condition of designating a pond as a fire suppression pond, including requirements for measuring and recording devices. A board and its fire protection district or fire authority must inspect a designated fire suppression pond at least annually. The designation of a pond as a fire suppression pond expires 15 years after the date of the designation. Before the expiration, the board and the fire protection district or fire authority may perform a needs assessment of the pond. If the needs assessment demonstrates that the pond is in compliance with criteria established in the director's rules, the board and fire protection district or fire authority shall notify the state engineer of such fact, and the state engineer shall redesignate the pond as a fire suppression pond. If the needs assessment demonstrates that the pond is not in compliance with the criteria, the board and fire protection district or fire authority must either: Notify the state engineer that the designation of the pond as a fire suppression pond should be rescinded or allowed to expire; or Provide to the state engineer a plan and a timeline for bringing the pond back into compliance with such criteria. Within 70 days after the state engineer designates a pond as a fire suppression pond, a holder of a decreed water right may file with the water clerk of the water division in which the fire suppression pond is located a petition for review of the state engineer's decision. Upon receiving a petition, a water judge must conduct a review of the state engineer's decision. A water judge may nullify the state engineer's designation of a pond as a fire suppression pond if, after considering the entire record, including any evidence of material injury, the judge finds that: In applying for the designation, the board did not describe a pond that complies with criteria established by rules promulgated by the director; or The state engineer's decision did not accord with certain other requirements in the act concerning fire suppression ponds. The act states that a fire suppression pond and the water associated with it: Are not considered a water right; Do not have a priority for the purpose of determining water rights; and May not be adjudicated as a water right. The act states that a proposed fire suppression pond is presumed to not cause material injury to vested water rights. A holder of a decreed water right may rebut the presumption by providing evidence to the state engineer sufficient to show that material injury has occurred or will occur to the decreed water right. The act appropriates, for the 2022-23 state fiscal year, $19,428 from the general fund to the department of natural resources for use by the executive director's office, to be used as follows: $11,828 to be reappropriated to the department of law for the provision of legal services; and $7,600 to be reappropriated to the office of information technology for the provision of information technology services.(Note: This summary applies to this bill as enacted.)

Under current law, with limited exceptions, a public trustee must release a deed of trust upon the satisfaction of certain preconditions, one of which is the production of the original canceled evidence of debt such as a note or bond as evidence that the indebtedness secured by the deed of trust has been paid. To this requirement, the act adds another exception. That is, a holder of the original evidence of debt may request the release of a deed of trust without producing or exhibiting the original evidence of debt if the holder: Agrees to indemnify and defend the public trustee against any claim for damages resulting from the action of the public trustee taken in accordance with the request; Provides the public trustee a current address for the original grantor, assuming party, or current owner when requesting the release of the deed of trust; and Files the request for the release of the deed of trust electronically via the county's electronic recording system. The act also removes language requiring a title insurance company to be "qualified" as well as licensed in Colorado for certain purposes relating to the release of a deed of trust. Further, the act makes necessary changes to the statutory form that is used to request a deed of trust without producing the evidence of debt. (Note: This summary applies to this bill as enacted.)

The act establishes the wildfire mitigation incentives for local government grant program (grant program) in the Colorado state forest service (forest service). The grant program is established to provide state funding assistance in the form of grant awards to local governments to either match revenue raised by such governments from a dedicated revenue source or to expand existing programs administered by the local government on a long-term basis, which efforts are intended to be used for forest management or wildfire mitigation efforts at the local level. Such wildfire mitigation efforts include, without limitation, projects that promote fuel breaks, forest thinning, a reduction in the amount or extent of fuels contributing to wildfires, outreach and education efforts directed at property owners and other members of the public, and any other means of forest management or wildfire mitigation as determined appropriate for funding by the forest service. On or before March 1, 2023, the forest service is required to adopt polices, procedures, and guidelines for the grant program that include, without limitation: Procedures and timelines by which an eligible recipient may apply for a grant; Criteria for determining grant eligibility and grant amounts; and Reporting requirements for grant recipients. Any funding awarded under the grant program must match either revenues raised by the local government from a dedicated revenue source or supplement existing programs administered by the local government on a long-term basis, which efforts are intended to be used for forest management or wildfire mitigation efforts at the local level in accordance with policies, procedures, and guidelines developed by the forest service. A local government is eligible for funding under the grant program even in the absence of a dedicated revenue source if the local government has created and administers an existing program, project, or funding mechanism that creates long-term funding at the local level for wildfire mitigation or forest health or has created and administers other creative and innovative approaches for promoting wildfire mitigation and forest health. In allocating funding under the grant program, preference must be given to certain eligible recipients based on prioritization factors enumerated in the act. Eligible recipients may apply for funding from the grant program, and the recipient's application for funding may be approved by the forest service before the local government has created a dedicated revenue source that forms the basis for the match if the electors of the local government approve a ballot issue creating the revenue source at an election that takes place in the same calendar year in which the funding is awarded. The act creates the wildfire mitigation incentives local government grant program fund (fund) in the state treasury. On July 1, 2022, the state treasurer is required to transfer $10 million from the general fund to the fund. The forest service is to use the money transferred to fund awards under the grant program and pay the administrative costs of the forest service in administering the grant program. On or before November 1, 2024, and on or before November 1 of each year thereafter, the forest service is required to publish a report summarizing the use of all of the money that was awarded under the grant program in the preceding fiscal year. The act specifies additional required components of the report. The report must be posted on the website of the forest service. The act requires the Colorado department of higher education to summarize the information contained in the report in its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearings. The act requires the forest service to prepare educational materials concerning the grant program and to display such materials on its official website. The forest service is also required to undertake outreach activities to inform local governments located in priority areas for wildfire mitigation of the grant program. The grant program is repealed, effective September 1, 2027. Before its repeal, the department of regulatory agencies is required to review the grant program as part of the general assembly's review of regulatory agencies and functions for repeal, continuation, or reestablishment. (Note: This summary applies to this bill as enacted.)

The act directs the department of early childhood to contract with a Colorado-based nonprofit entity to provide children's mental health programs. $2,000,000 is appropriated to the department of early childhood from the economic recovery and relief cash fund for use by the community and family support division to implement the provisions of the act. (Note: This summary applies to this bill as enacted.)

The act requires the Colorado state forest service (forest service) to convene a working group (working group) that includes the division of fire prevention and control in the department of public safety (DFPC) and the United States forest service (USFS), and that may include other local, state, or federal partners and entities engaged in wildfire risk mitigation in the wildland-urban interface (WUI). The working group shall consider how best to conduct enhanced outreach campaigns during wildfire awareness month in 2023 and 2024, as well as other outreach efforts that inform and motivate residents in the WUI to engage in more wildfire risk mitigation. After considering feedback from the working group, the forest service shall implement an enhanced wildfire awareness month outreach campaign in conjunction with the DFPC and the USFS in 2023 and 2024, as well as other outreach efforts in the 2022-23 and 2023-24 state fiscal years. In implementing an enhanced wildfire awareness month outreach campaign and other outreach efforts, the forest service may, subject to available appropriations: Develop or contract for the development or placement of marketing and educational materials, including videos, direct mail, social media, print media, television and radio spots, and billboards; Conduct or contract for educational events targeted to residents in the WUI; Retain consultants, as necessary, to implement all or part of an outreach campaign, as well as other outreach efforts; Make enhancements to the forest service's web-based clearinghouse for technical assistance and funding resources and coordinate with working group partners and other entities to provide links to web-based educational resources and information; and Secure necessary staff to implement the outreach efforts. The act requires the state forester to report to the wildfire matters review committee during the 2023 and 2024 legislative interims concerning the outreach efforts implemented pursuant to the act, including the amount and use of money appropriated for outreach efforts and the impact of those efforts in increasing awareness of wildfire risk mitigation in the WUI. For the 2022-23 state fiscal year, the act appropriates $800,000 from the general fund to the healthy forest and vibrant communities fund for use by the Colorado state forest service in implementing the act. The act also authorizes the appropriation of money to the DFPC as necessary to implement the outreach plan. (Note: This summary applies to this bill as enacted.)

The food pantry assistance grant program is set to repeal on June 30, 2023. The act extends the food pantry assistance grant program through July 1, 2024. For the 2022-23 state fiscal year, the act appropriates $3 million from the general fund to be used for the purchase of Colorado agricultural products and agricultural products that hold cultural significance for indigenous first nations people, or for other cultures or subcultural groups, including the ways in which those agricultural products are produced. The act allows up to $100,000 annually of the appropriation to be used to hire a nonprofit entity to provide technical assistance to a grant recipient to train food pantries and assist in the location and purchase of Colorado agricultural products. (Note: This summary applies to this bill as enacted.)

The act allows fire departments, including fire protection districts and volunteer fire departments, to be compensated from certain state funding sources for wildland fire suppression activities conducted in the fire department's jurisdiction if the fire department relies primarily or solely on volunteer firefighters, the fire exceeds the department's capacity to extinguish or control, and the period of mutual aid has ended. The fire department must use money received to compensate volunteer firefighters in accordance with guidelines adopted by the division of fire prevention and control (division) in the annual wildfire preparedness plan. Boards of county commissioners are authorized to reimburse fire departments from county funds for wildland fire suppression activities conducted within the fire department's jurisdiction in the same circumstances. The act amends the existing local firefighter safety and disease prevention fund (fund) to require the division to give priority in awarding grants to governing bodies and volunteer fire departments that: Have lost tax revenues as a result of decreased assessment values due to a wildland fire within their jurisdiction in the previous 5 years; Rely solely or primarily on volunteer firefighters and serve communities affected by wildland fires; or Demonstrate the greatest need for additional funding to ensure the safety of volunteer and seasonal firefighters. In addition, money in the fund may be used to reimburse a multiple employer behavioral health trust (trust) for the direct costs of providing a behavioral health care to firefighters. In fiscal year 2022-23, the reimbursement to a trust is limited to $1 million. In subsequent years, the fire service training, certification, and firefighter safety advisory board makes recommendations on the amount that should be used for this purpose. The division is also authorized to directly purchase and distribute equipment and pay for training for governing bodies and volunteer fire departments without requiring a grant application. The general assembly is required to appropriate $1 million to the fund for fiscal year 2022-23, and to appropriate $5 million to the fund in each of fiscal years 2023-24 and 2024-25. On or before September 1, 2025, the staff of the joint budget committee is required to report on whether the amount of the annual appropriation should be adjusted based on current needs. The division is required to submit an annual report on expenditures from the fund to the wildfire matters review committee or a successor committee. An entity that employs firefighters, including volunteer firefighters, is required to participate in a trust to provide behavioral health-care services to its firefighters. The division is required to reimburse the trust for its direct costs, and if the available funding is insufficient, the requirement for employers to participate becomes optional. The trust is required to provide a program of basic services to firefighters for the prevention, diagnosis, and initial treatment of emotional, behavioral, or mental health disorders. The services are provided primarily on an outpatient basis, including telephonically or remotely. The trust is authorized to further define the services and benefits available and to adopt policies and procedures for the administration of the trust. The trust is required to report, together with the division, to the wildfire matters review committee on the extent to which the program is meeting the behavioral health-care needs of firefighters, the ongoing funding needs of the trust, and any other changes that are necessary to more effectively meet the behavioral health-care needs of firefighters. $1 million is appropriated from the general fund to the fund for use by the department. (Note: This summary applies to this bill as enacted.)