Rep. Tammy Story

Section 1 of the bill extends the powers of the initiative and referendum reserved to the people in the state constitution to the electors of special districts.Section 2 requires each developer-affiliated board (board) of a special district (district) to issue an agenda and board packet for each board meeting. The board must send the agenda and board packet by regular United States mail and by e-mail to each resident of the district along with a separate statement that expressly discloses to each resident the fact that the board has a conflict of interest with the residents and that residents of the district may serve on the board. The bill also requires each board to send a self-nomination form to each resident of the district with each agenda and board packet with instructions that a resident may follow for completing the form and delivering the completed form to the manager and legal counsel of the district. Immediately upon receiving a self-nomination form from a resident for a position on the board, the board must identify the board position to be terminated and immediately appoint the resident who submitted the self-nomination form to fill the position. A developer-affiliated position is immediately terminated upon receipt by the board of a self-nomination form from a resident. If self-nomination forms are received from residents in an amount that exceeds the positions on the board, the board is required to immediately call a special election to fill all of the developer-affiliated positions. (Note: This summary applies to this bill as introduced.)

The division of gaming within the department of revenue currently publishes on its website monthly and annual public reports of revenues, expenses, and other information from limited gaming activity in Central City, Black Hawk, and Cripple Creek. The act requires similar reporting for revenue associated with sports betting. To protect the privacy of owners of sports betting venues, when the number of licensees in any of the cities is less than 3, the act requires aggregation of data from that city with data from another city.If the use of aggregated data results in a property valuation that the casino owner or other taxpayer believes is inaccurate, the act permits the taxpayer to submit additional information to the county assessor, subject to strict confidentiality requirements that continue throughout the property valuation process and any subsequent appeals or court proceedings.(Note: This summary applies to this bill as enacted.)

The act declares that, due to recent dramatic increases in both the extraction and transportation of natural gas and the construction of new homes and businesses in close proximity to these activities, as well as the environmental risks posed by methane leakage, it is appropriate to strengthen and streamline Colorado's laws governing gas pipeline safety.In furtherance of strengthening and streamlining those laws, the act updates and clarifies the duty of the public utilities commission (PUC) to collaborate with the United States department of transportation (DOT) on pipeline safety issues by:Formally accepting responsibility to enforce DOT pipeline safety rules; and Adopting rules at the state level as needed to comply with federal requirements. The PUC's rules may be more stringent than required by federal standards in specified areas. In particular, the PUC is directed to assemble maps of all pipelines within its jurisdiction, increase the frequency of inspections, and employ advanced leak detection technology. Additionally, the act amends existing penalty provisions for pipeline safety violations by:Increasing the penalty cap from $100,000 per violation to $200,000, and increasing the maximum aggregate total for a series of violations from $1 million to $2 million; Allowing the PUC to recover court costs if it must sue to recover any penalty assessed against a violator; and Requiring any compromise of a penalty to be based on objective metrics and factors, including the severity of the violation, the extent to which the violator has remedied the conditions that led to the violation, and the amount the violator agrees to spend on approved measures to reduce future risk. Any such compromise may not reduce the amount payable as a penalty below $5,000 per violation. The act appropriates $423,448 from the general fund to the department of regulatory agencies for use by the public utilities commission to implement the act, with $53,170 reappropriated to the department of law for legal services provided to the commission.(Note: This summary applies to this bill as enacted.)

The act requires the state treasurer to transfer to the capital construction fund any excess proceeds from the issuance of a lease-purchase agreement under Senate Bill 20-219, concerning the issuance of a lease-purchase agreement to fund the continuations of certain previously funded capital construction projects, that are initially credited to the emergency controlled maintenance account.(Note: This summary applies to this bill as enacted.)

The act clarifies that it is unlawful for a person who is licensed as a retailer, display retailer, wholesaler, or exporter of fireworks to sell, offer for sale, expose for sale, possess with intent to sell, deliver, consign, give, or otherwise furnish fireworks outside the scope of what the license permits.The act amends requirements for an exporter to sell certain fireworks for transport in the purchaser's vehicle so that it is unlawful unless the purchaser displays to the exporter a valid motor vehicle driver's license and a valid wholesale, retail, or resale license number issued by a state or local authority located outside of Colorado. The exporter is required to record the motor vehicle driver's license number and the wholesale, retail, or resale license number.(Note: This summary applies to this bill as enacted.)

Commencing in 2021, and every year thereafter as part of the presentation by the department of local affairs (DOLA) to its legislative oversight committees in connection with its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing, the act requires the division of housing (division) in DOLA to prepare a public report that specifies the total amount of money that:The division or the state housing board (board) was appropriated, awarded, allocated, or transferred from any federal, state, other public, or any private source during the prior fiscal year that may be used for the preservation or production of emergency or affordable housing; The division or the board has awarded from any federal, state, other public, or any private source during the prior fiscal year that may be used for the preservation or production of emergency or affordable housing; and The division or the board expended from state funding during the prior fiscal year on administrative costs associated with each funding source and the number of full-time employees supported by the funding source. The act identifies various items the report must address. The report must be posted on the division's website and shared with the board as well as DOLA's legislative oversight committees as part of its SMART Government Act hearing.(Note: This summary applies to this bill as enacted.)

The act allows a board of county commissioners or a city council of a city and county, upon approval of the county treasurer, to temporarily reduce, waive, or suspend delinquent interest payments for property tax payments for any period of time between June 16, 2021, and September 30, 2021.The act also requires a board of county commissioners or city council to notify local taxing jurisdictions of the intent to reduce, waive, or suspend delinquent property tax interest payments. If a local taxing jurisdiction would be unable to meet its bond payment obligations after the proposed reduction, waiver, or suspension, the local taxing jurisdiction shall notify the board of county commissioners or city council.If the local taxing jurisdiction submits a letter to the board of county commissioners of the county or city council of the city and county, the act requires a treasurer, or other officer responsible for the collection of property taxes for a county or city and county, to advance property tax payments to local taxing jurisdictions to assist the local taxing jurisdictions in the payment of bonded indebtedness payments and monthly operation costs.(Note: This summary applies to this bill as enacted.)

The act updates various provisions of the "Colorado Children's Trust Fund Act", including renaming it the "Colorado Child Abuse Prevention Trust Fund Act" (trust fund act). Changes include:Expanding the membership of the Colorado child abuse prevention board (board) from the current 9 members to 17 members; Expanding the powers and duties of the board to include advising and making recommendations to the governor, state agencies, and other entities regarding child maltreatment prevention; developing strategies to decrease the incidences of child maltreatment and other adverse childhood experiences; and implementing and monitoring the ongoing development of local child maltreatment prevention plans throughout the state; and Extending the repeal of the trust fund act from 2022 to 2027. For the 2021-22 state fiscal year, the act appropriates $890 to the legislative department for use by the general assembly. This appropriation is from the general fund. To implement this act, the general assembly may use this appropriation for legislator per diem.(Note: This summary applies to this bill as enacted.)

In the 2020-21 state fiscal year, the act transfers $25 million from the general fund as follows:Section 1 transfers $750,000 to the Colorado avalanche information center fund for use by the Colorado avalanche information center in the department of natural resources (department) to support backcountry avalanche safety programs; Section 2 transfers $3.5 million to the wildlife cash fund for use by the division of parks and wildlife (division) in the department to implement its statewide wildlife action plan and the conservation of native species; Section 3 transfers $2.25 million to the search and rescue fund for use by the department of local affairs in consultation with the division to support backcountry search and rescue efforts; Section 4 transfers $1 million to the outdoor equity fund for use by the division to implement the outdoor equity grant program; and Section 5 transfers $17.5 million to the parks and outdoor recreation cash fund for use by the division as follows: $3.5 million for staffing and maintenance projects; and $14 million for infrastructure and state park development projects. Section 6 appropriates the amounts transferred in sections 1 to 5 to the department and the department of local affairs for the uses specified in sections 1 to 5 and authorizes the use of the money through the 2023-24 state fiscal year.(Note: This summary applies to this bill as enacted.)

After receipt of the amounts to be levied against taxable property in the county, the board of county commissioners or other taxing authority (BOCC) is required to hold a formal hearing and to certify such levies to the county assessor. The act gives the BOCC the option to authorize the levies by written approval rather than by formal hearing and to delegate the certification process to staff or other authorized parties.(Note: This summary applies to this bill as enacted.)