Rep. Brianna Titone

The act changes the time period for which a licensee's or applicant's prior conviction of or plea of no contest to specific crimes requires the motor vehicle dealer board (board) to revoke or deny a license to the licensee or applicant from a 10-year period to a 3-year period beginning on the date of conviction or the end of incarceration, whichever date is later, if the applicant or licensee has not been convicted of any other criminal offense during the 3-year period. After the 3-year period, the board may only consider the individual's application or license; except that the board may consider a conviction for a crime that is directly related to the auto industry at any time. (Note: This summary applies to this bill as enacted.)

The act prohibits the department of human services (department) from requiring an applicant for the low-income home energy assistance program (program) to provide their citizenship or immigration status on an application for assistance under the program, unless that information is required as a condition of eligibility for the program. The department is also prohibited from sharing the citizenship or immigration status of an applicant for or recipient of assistance under the program with any federal law enforcement agency, unless disclosure is required by law or court order. If an individual applies for assistance under the program and the individual's application is denied due to insufficient or incomplete documentation, the department must provide notice to the applicant that their application has been denied and provide the applicant at least 60 days to correct or complete the application. The investor-owned public utility of which the applicant is a customer must place a disconnection hold on the applicant's utility service for no more than 60 days while the customer's application is pending review. (Note: This summary applies to this bill as enacted.)

The act requires that, immediately after a railroad notifies the state's watch center in the department of public safety (watch center) of an emergency involving a train, the watch center must notify the public utilities commission (commission) and the office of rail safety (office) of the incident. The commission is required to submit a report to specified committees of the general assembly on the information reported by railroads regarding an emergency involving a train. A crew member of a train operated by a railroad may communicate with first responders during an emergency situation after notifying the railroad dispatch. A crew member has discretion in determining the appropriate response to the emergency situation, including cutting the railroad crossing. A railroad employee or a crew member is immune from civil liability and is not liable in civil damages for actions taken in good faith in the course of a response to an emergency situation involving a train. The act eliminates the shared authority that the commission, the department of public safety, and the department of transportation had to inspect and investigate railroads and grants the commission alone the authority to engage in inspection, investigation, and enforcement activities regarding the following railroads: A class I railroad; A railroad operating on any line that was used by class I railroads as of July 1, 2024; and A passenger railroad. The act requires the office to gather, analyze, and assess information, including: Data to create a more comprehensive understanding of railroad safety; Wayside detector information; Information regarding blocked public crossing locations; Information regarding railroad maintenance activity; An assessment of the state's ability to respond to a large-scale release of hazardous materials from railroad transportation; The best practices for ensuring financial responsibility for response, cleanup, and damages from major rail events, including reviewing best practices from other states; and Communication issues impacting railroad lines in the state. Beginning on or before July 1, 2027, a railroad regulated by the commission is required to pay a fee to cover the costs incurred by the commission and the office in relation to the act. The commission shall determine a methodology for calculating the fee by rule, and the commission may include specified criteria in the calculation. The total amount collected pursuant to the annual fee must not exceed $2,900,000 in a calendar year. A railroad regulated by the commission must pay the fee in equal quarterly installments and is subject to penalties and interest if they fail to timely pay the fee. (Note: This summary applies to this bill as enacted.)

The act extends the Emily Keyes - John W. Buckner organ and tissue donation awareness fund indefinitely. (Note: This summary applies to this bill as enacted.)

Current law requires the division of administration (division) within the department of public health and environment to report annually to the water quality control commission (commission) and to include in the report any regulatory or legislative recommendations the division may have. The act requires the report to also include: Information on the division's timing in considering and issuing water quality permits (permits); and For the report submitted in 2026, a detailed discussion of how the division has prioritized reducing the permit backlog, implemented recommendations from water quality permittees (permittees) for permitting efficiency, and increased safe drinking water program inspections. The act requires the division, upon receipt of an application to modify a permit, to limit its review and its approval or denial of the application to the scope of the specific requests contained in the application. The act requires the commission to adopt rules on or before December 31, 2026, that establish procedures whereby the division, prior to giving public notice of a complete permit application for an individual permit and the division's preliminary analysis of the application, may provide a period of public notice and review of a preliminary draft prepared by the division. If a period of public notice and review is required by rules of the commission, the period of public notice and review may not exceed 14 days, and the purpose of the review is limited to identifying errors in the division's preliminary draft. On or before December 31, 2027, the division must propose rules to the commission that establish a time frame during which the division will either grant or deny applications for each type of permitting action. On or before June 30, 2028, the commission shall adopt rules based on the division's proposal. The rules must establish the time frames for permitting actions. The act requires the division to consider current debt service on existing local government water infrastructure when developing schedules of compliance for new effluent limits in local government permits. Any schedule of compliance for new effluent limits in local government permits must, consistent with state and federal law, consider the local government's financial capability to repay existing debt on water infrastructure or to fund water infrastructure upgrades before requiring new water infrastructure upgrades. To the extent allowable under federal law, the division may issue compliance schedules in a local government permit for a new effluent limit in excess of 20 years. The act states that, on and after May 1, 2026, after an application for permit modification or permit renewal has been pending before the division for 60 days, or for any application for permit modification or permit renewal that is pending before the division as of May 1, 2026, or if the division informs an applicant that the division will not process an application for preliminary effluent limitations, the applicant and the division may mutually agree to use a qualified and independent nongovernmental contractor (contractor) under the direction of the division to provide the division with technical assistance in completing the permit action. An applicant shall bear the contractor's costs for any technical assistance provided by the contractor and shall pay the contractor for such costs. The division may charge an applicant an additional fee in an amount not exceeding 10% of the contract amount for contract administration, technical review, and additional permit processing, which fee is credited to the clean water cash fund. The act requires the division, upon a permittee's request, to make available to the permittee all documents, data, and information the division relied upon in developing the permittee's permit modification or permit renewal, except to the extent that such materials are protected by an applicable privilege or exception. The act makes the following transfers of money: On July 1, 2025, $111,000 from the water quality improvement fund to the drinking water cash fund; On July 1, 2025, $3,518,564 from the perfluoroalkyl and polyfluoroalkyl substances cash fund to the clean water cash fund; On July 1, 2026, $3,002,435 from the perfluoroalkyl and polyfluoroalkyl substances cash fund to the clean water cash fund; and On July 1, 2026, $516,129 dollars from the perfluoroalkyl and polyfluoroalkyl substances cash fund to the drinking water cash fund. For the 2025-26 state fiscal year, the act appropriates $2,904,599 to the department of public health and environment. This appropriation consists of $446,315 from the drinking water cash fund and $2,458,284 from the clean water cash fund. For the 2025-26 state fiscal year, the act appropriates $160,611 to the department of law. This appropriation is from reappropriated funds received from the department of public health and environment. The act also makes and reduces certain appropriations as adjustments to the 2025 general appropriations act. (Note: This summary applies to this bill as enacted.)

The act requires a metropolitan district that is a party to a lease or rental agreement that was effective as of January 1, 2025, or later and was filed with the county assessor's office in support of a claim for a property tax exemption based on the use of the property for purposes of the metropolitan district to file with the county assessor's office a statement (statement) describing: The metropolitan district's use of the leased property; The metropolitan district's authority to use the leased property for the metropolitan district's purposes; Any use of the leased property by a private person for private purposes; and Any disclosure filed by a member of the board of directors of the metropolitan district in accordance with certain laws that govern disclosures of conflicts of interest. If the statement includes a disclosure that relates to the leased property and is filed by a member of the board of directors of the metropolitan district in accordance with certain laws that govern disclosures of conflicts of interest, the county assessor shall, within 14 days of receipt of the statement, submit the statement to the metropolitan district's governing body. Within 63 days of receipt of the statement, the governing body shall issue a written decision including findings of fact and a conclusion as to whether the leased property is used for a public purpose. If the governing body concludes that the leased property is not used for a public purpose, the leased property is not exempt from taxation, and the county assessor shall implement the governing body's decision. The decision of the governing body is not subject to appeal and does not give rise to any private right of action. The act clarifies that a leasehold interest in real or personal property that is owned by a private person and that has been leased to the state or a political subdivision of the state, the use and possession of which has been leased back to a private person for private purposes, is taxable to the owner. (Note: This summary applies to this bill as enacted.)

Section 1 of the act defines the board of trustees of the public employees' retirement association (board) as a local public body for purposes of the open meetings law. Section 2 limits the terms of both elected and appointed members of the board to not more than 2 consecutive 4-year terms; except that the state treasurer is not subject to the 2-term limit. A former trustee who has served 2 consecutive terms may be reelected or reappointed to the board after not serving on the board for a period of at least one term. Section 2 also clarifies how such term limits apply in the case of a vacancy appointment. Section 3 requires the board, on and after January 1, 2025, to conduct its meetings in accordance with the open meetings law as a local public body and requires the board to post and regularly maintain and update the public employees' retirement association's (association) website with information including: The notice with specific agenda information, if available, for the board's next public meeting; The policy for and process by which a member of the public may participate in any public meeting of the board; A link or other means of public access to the records of past public meetings of the board; and The official email address of the board. Section 3 also requires that, on or before January 1, 2026, and on or before January 1 of each calendar year thereafter, the board post certain financial information of the association on the association's website. Section 4 clarifies that, while the board may delegate any of its responsibilities, duties, and powers to the executive director of the association or other designated agents, the board retains authority and responsibility for the management of the association and all its statutory duties and powers through a specified existing administrative process. (Note: This summary applies to this bill as enacted.)

The office of legislative workplace relations (OLWR) was established in 2019 as an entity within the office of legislative legal services to provide services to the general assembly, its members and employees, and the legislative services agencies. Specifically, the OLWR is directed to provide services related to employee relations, training, compliance, workplace culture, and workplace harassment, including investigations of complaints under the general assembly's policies on workplace expectations and workplace harassment. The act rebrands the OLWR as the legislative human resources division and directs the division to provide human resource services to the legislative branch, which includes the existing services required by law and additional services, such as benefits administration, compensation and classification, hiring and recruitment, and new employee onboarding, within available resources. (Note: This summary applies to this bill as enacted.)

The act creates a civil cause of action for a peace officer if the peace officer reports or discloses conduct that is in violation of, or the peace officer reasonably believes is in violation of, any law or policy and the report or disclosure is a contributing factor in the employer of the peace officer's decision to take adverse employment action against the peace officer. A peace officer may seek the following damages: Reinstatement; Back pay with interest; Any other equitable relief the court deems appropriate; Compensatory damages for other pecuniary losses, emotional pain and suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses; and Reasonable attorney fees and costs. The act creates an affirmative defense to the action if the peace officer's employer would have taken the action that forms the basis of the suit against the peace officer based on a legitimate nonretaliatory basis. The action is not subject to the "Colorado Governmental Immunity Act". The statute of limitations to bring the action is 2 years. The act does not apply to an employee who provides false information or who does not follow internal reporting and administrative procedures related to whistleblower conduct. All law enforcement agencies shall provide a training to employees or a workplace posting, or both, regarding the requirements of the act. (Note: This summary applies to this bill as enacted.)

The act authorizes the owner of a trailer to register the trailer for as long as the owner owns the trailer. The trailer must be class B or class D personal property. To register the trailer, the owner must pay: 2 years of annual specific ownership tax; and $55.82 to cover fees. Upon the transfer of ownership of the trailer, the owner is required to notify the department of revenue of the transfer. (Note: This summary applies to this bill as enacted.)