Rep. Meghan Lukens

Senate Bill 26-016, enacted in 2026, prohibits a person from disposing of preproduction plastic materials at a location that does not have federal interim status, a federal permit granted pursuant to the federal 'Solid Waste Disposal Act', or a state permit for the treatment, storage, or disposal of hazardous waste at a hazardous waste site.     The act removes this prohibition and instead prohibits the disposal of preproduction plastic materials at a location that is not a solid wastes disposal site and facility with a certificate of designation.(Note: This summary applies to this bill as enacted.)

The act defines school zones as all roadways within at least 1,000 feet of a school property boundary, except state highways unless they are designated as part of a school zone with the written approval of the Colorado department of transportation, and including school zones established before August 12, 2026, that are 200 feet or more from a school property boundary. A school zone must have appropriate signs posted indicating it is a school zone and that the penalties and surcharges within the school zone will be doubled.     The act allows a local government that has jurisdiction over a school zone to reduce the size of a school zone after first holding a public hearing, but the act does not allow a school zone to be reduced to less than 200 feet from a school property boundary. Additionally, the act does not prohibit local governments from expanding school zones to beyond 1,000 feet from a school property boundary.     The act limits requirements the state, a county, a city and county, or a municipality must complete regarding placing and using an automated vehicle identification system along a safe route to school.     The act allows a local government to designate a portion of a roadway immediately adjacent to a school property boundary as a school street and requires the local government to post signs indicating it is a school street if the local government has jurisdiction to do so. The local government may close a school street to traffic. If there is traffic on the school street, the maximum speed limit is 10 miles per hour and vehicles must yield the right-of-way to pedestrians, bicyclists, or micromobility users. The local government may suspend additional traffic provisions on the school street that endanger pedestrians, bicyclists, or micromobility users.(Note: This summary applies to this bill as enacted.)

The act appropriates the following amounts for the 2026-27 state fiscal year from the Colorado water conservation board (CWCB) construction fund to the CWCB or the division of water resources in the department of natural resources for the following projects:Continuation of the satellite monitoring system, $380,000 (section 1 of the act);Continuation of the floodplain map modernization program, $500,000 (section 2);Continuation of the weather modification permitting program, $500,000 (section 3);Continuation of the Colorado Mesonet project, $200,000 (section 5);Continuation of the water forecasting partnership project, $2,500,000 (section 6);Continuation of Colorado decision support system operation and maintenance, $750,000 (section 7);Support for water plan agency actions, $1,350,000 (section 9);Continuation of the Colorado watershed restoration and flood mitigation projects, $5,000,000 (section 10); andContinuation of the upper Colorado river commission planning, $750,000 (section 11).     Section 4 directs the state treasurer to transfer up to $6,000,000 from the CWCB construction fund to the CWCB litigation fund on or before July 1, 2026.     Section 8 restores the fish and wildlife resources fund balance by transferring $2,000,000 from the CWCB construction fund to the fish and wildlife resources fund.     Section 12 authorizes the CWCB to make a loan in an amount of $151,500,000 from the severance tax perpetual base fund to the city of Fort Collins to support the Halligan water supply project.     Section 13 authorizes the CWCB to make a loan in an amount of $20,166,670 from the severance tax perpetual base fund to the Lower Latham Reservoir Company for the Jurgens reservoir construction project.     Section 14 appropriates $37,700,000 from the water plan implementation cash fund to the CWCB to award grants that will help implement the state water plan.     Section 15 clarifies that the money that is currently in the turf replacement fund is appropriated for designated purposes to the CWCB until June 30, 2028. Any money remaining in the turf replacement fund on July 1, 2028, is transferred to the CWCB construction fund.     Section 16 makes technical corrections so that money appropriated in 2025 is available to the department of natural resources executive director's office for the purpose of paying for a study by the Colorado water center at Colorado state university.     Under current law, the CWCB may authorize loans up to $10 million from the CWCB construction fund or severance tax perpetual base fund without legislative authorization. The act increases that amount to $30 million (section 17).(Note: This summary applies to this bill as enacted.)

The act establishes a bill of rights for adults subject to guardianship (ward) and details what decisions a court may authorize a guardian to make on behalf of a ward.     The act updates the duties of a guardian to include a duty to notify the ward at least 30 days before the ward is permanently moved to a nursing home, mental health institution, or other facility that restricts the ward's ability to leave the facility or have visitors.     On or before November 1, 2027, and November 1, 2028, the act requires the state court administrator's office to submit a report detailing the fiscal impact of this act on the judicial department to the joint budget committee, the senate judiciary committee, and the house of representatives judiciary committee, or their successor committees, and requires the state court administrator's office to create the report using existing data sources.(Note: This summary applies to this bill as enacted.)

The act prohibits a school district, a charter school authorized by a school district, a charter school authorized by the state charter school institute, the state charter school institute, or a board of cooperative services that operates one or more public schools (LEP) from discriminating against an individual who has a disability and who is entitled to a free public education (qualified student with a disability) based on the student's disability.     The act requires an LEP to allow a qualified student with a disability to participate in and enjoy the benefits of the provider's programs, services, or activities in the same manner as a student without a disability. When providing any aid, benefit, or service, an LEP shall not, based on disability:Deny a qualified student with a disability an opportunity to participate in or benefit from the aid, benefit, or service in a manner that is equal to that afforded to other students;Provide a qualified student with a disability with an aid, benefit, or service that is not as effective as that provided to other students;Provide different or separate aids, benefits, or services to a qualified student with a disability unless such action is necessary to provide a qualified student with a disability with aids, benefits, or services that are as effective as those provided to other students;Aid or perpetuate discrimination against a qualified student with a disability by providing significant assistance to an agency, an organization, or a person that discriminates on the basis of disability in providing any aid, benefit, or service to beneficiaries of the LEP's educational program or activity; orOtherwise limit a qualified student with a disability in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by students without disabilities who receive an educational aid, benefit, or service.     The act prohibits an LEP from using criteria or methods of administration that:Have the effect of subjecting a qualified student with a disability to discrimination on the basis of their disability;Have the purpose or effect of defeating or substantially impairing accomplishment of the objectives of the LEP's program or activity with respect to a qualified student with a disability; orPerpetuate the discrimination of another LEP if both LEPs are subject to common administrative control or are agencies of the state.     In determining the site or location of a facility, an LEP may not make selections that:Exclude a qualified student with a disability from a facility or deny a qualified student with a disability the benefits of a facility, or that otherwise subject a qualified student with a disability to discrimination; orHave the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the program or activity with respect to a qualified student with a disability.     The act requires an LEP to:Adopt a disability rights grievance process that incorporates appropriate due process standards and that is satisfied by following the grievance procedures in section 504 of the federal 'Rehabilitation Act of 1973' and to designate at least one responsible employee to oversee compliance with the provisions of the act relating to discrimination and to serve as a point of contact for students and families;Make a reasonable modification to a policy, practice, or procedure when the modification is necessary to avoid discriminating against a qualified student with a disability on the basis of disability;Provide a reasonable accommodation to a parent with a disability who is seeking appropriate access to programs and activities for parents in relation to that parent's child;Ensure that a communication to a qualified student with a disability is as effective as a communication to a student without a disability and to furnish appropriate auxiliary aids and services where necessary to afford a qualified student with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity of the LEP;Ensure that a qualified student with a disability is not denied access to the LEP's services, programs, or activities because of facilities inaccessible to a qualified student with a disability;Provide a free and appropriate public education to each qualified student with a disability who is in the LEP's jurisdiction, regardless of the nature or severity of the student's disability, and if necessary, ensure adequate transportation to and from any placement premises;Provide for the free and appropriate public education of each qualified student with a disability with students without disabilities to the maximum extent appropriate to the needs of the qualified student with a disability; Place a qualified student with a disability in the regular educational environment operated by the LEP unless it is demonstrated that the education of the student in that environment with the use of supplementary aids and services cannot be achieved satisfactorily;Provide nonacademic and extracurricular services and activities in such a manner as is necessary to afford a qualified student with a disability an equal opportunity to participate in the services and activities;At least annually, identify and locate every qualified student with a disability residing in the LEP's jurisdiction who is not receiving a free and appropriate public education and take appropriate steps, with the permission of the qualified student with a disability and their parent, to evaluate the student; Ensure that a qualified student with a disability is free from harassment that is sufficiently serious to create a hostile environment or interfere with or limit the student's ability to participate in or benefit from the LEP's services, activities, or opportunities; andConduct evaluations and reevaluations of a student in the student's primary language, communicate with a parent with limited English proficiency in a manner that provides meaningful access to information, and provide interpretation and translation services for communication with a parent with limited English proficiency.     Subject to sufficient funding or resources, certain provisions of the act take effect, which:Allow the department of education (department) to provide training and technical assistance to LEPs about the requirements of the act;Establish a complaint process and specifies that the department may investigate and resolve complaints of alleged violations of the provisions of the act pursuant to the complaint process;Specify the circumstances under which an individual may file a complaint with the department;Allow the department to order specified remedies as determined necessary by the department to remedy violations occurring pursuant to the act and to prospectively ensure compliance, if the department finds a violation; and Allow the state board of education (board) to withhold state funds from an LEP if the board determines that the LEP has intentionally violated the provisions of the act and demonstrated an unwillingness to enter into a corrective action plan to address the violation. No later than December 31, 2026, the board shall adopt rules that establish procedures for the withholding of funds. The board must provide due process to an LEP before state funds are withheld.     The act prohibits an LEP from coercing, intimidating, threatening, or discriminating against any individual for the purpose of interfering with any right or privilege secured by the act, the federal 'Individuals with Disabilities Education Act', the 'Americans with Disabilities Act of 1990', the 'Exceptional Children's Educational Act', or the 'Protection of Students from Restraint and Seclusion Act' (anti-discrimination laws) because an individual:Makes, has made, or because an LEP believes an individual has made or will make, a complaint pursuant to an anti-discrimination law; orTestifies, assists, or participates in any manner in an investigation or proceeding regarding an allegation or complaint pursuant to an anti-discrimination law.(Note: This summary applies to this bill as enacted.)

Under current law, the Colorado job growth incentive tax credit (credit) may only be allowed by the economic development commission (commission) through state income tax year 2026. The act amends the Colorado job growth incentive tax credit to authorize the commission to allow new credit awards through state income tax year 2034. The act also extends the commission's annual reporting requirement through September 1, 2042.(Note: This summary applies to this bill as enacted.)

The microgrids for community resilience grant program (grant program) in the division of local government in the department of local affairs provides grants for cooperative electric associations and municipally owned utilities to purchase microgrid resources for eligible rural communities located within their service territories. Under current law, the grant program is set to repeal on September 1, 2026. The act continues the grant program indefinitely by removing the repeal date.(Note: This summary applies to this bill as enacted.)

The act exempts pilates and barre teacher training courses, programs, and schools from regulation under the 'Private Occupational Education Act of 1981'.(Note: This summary applies to this bill as enacted.)

The act creates the postsecondary talent development system transition advisory committee (transition committee) to develop a transition plan that includes recommendations to integrate oversight of higher education and workforce development programs (transition plan). The transition committee shall begin meeting by July 1, 2026, and shall submit the transition plan by November 1, 2026, to the joint budget committee; the house of representatives business affairs and labor committee; the house of representatives education committee; the senate business, labor, and technology committee; and the senate education committee. The transition plan must include recommendations about the structure of the department of higher education (department), including a recommendation to rename the department; recommendations about transitioning various offices, agencies, programs, and functions to the department or other state agencies; and recommendations about how the department will coordinate with the department of education's postsecondary workforce readiness and student support activities.     Effective July 1, 2028, the executive director of the Colorado commission on higher education is renamed the executive director of the department (executive director). The governor appoints, with the consent of the senate, the executive director.(Note: This summary applies to this bill as enacted.)

Maddy summaryThis bill brings Denver School of Science and Technology charter schools into the Denver Public Schools division of the Public Employees' Retirement Association (PERA), allowing their employees to participate in the same retirement benefits as other Denver public school workers. The legislation also changes the PERA Board of Trustees by adding one voting member elected by Denver Public Schools employees and removing a non-voting ex officio member from that division. Additionally, the bill extends the deadline for charter school employees to purchase additional retirement service credit for years worked before affiliation, moving the cutoff date from November 1, 2006, to July 1, 2026. These changes affect Denver public school employees, retirees, and the governance structure of the state's public employee retirement system.