The commercial property assessed clean energy program (C-PACE) is part of the new energy improvement program. C-PACE allows owners of eligible real property to apply to the Colorado new energy improvement district (district) to finance certain energy efficiency improvements. The act allows owners to also apply to the district to finance resiliency improvements and water efficiency improvements. Additionally, when the district approves a C-PACE application, an owner consents to the district levying a special assessment on an owner's eligible real property. Current law requires the district to notify district members and existing lienholders about the special assessment and the availability of a hearing to resolve any complaints or objections. After a hearing, current law further requires the district to pass a resolution resolving any complaints or objections. The act eliminates the requirements for the district to give notice about a hearing, conduct a hearing, and pass a resolution resolving complaints or objections. Instead of notifying district members and existing lienholders about the availability of a hearing, the act requires the district to send a notice of assessment, which specifies the amount of the special assessment to be levied on the eligible real property and explains that the special assessment constitutes a lien against the eligible real property. APPROVED by Governor March 8, 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.)
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Current law excludes expenses related to aviation training programs for commercial pilots from qualified higher education expenses. The bill expands the definition of "qualified higher education expense" to include commercial pilot aviation training course expenses for fees, books, supplies, and equipment if the course complies with the requirements of federal law and the federal aviation administration. (Note: This summary applies to this bill as introduced.)
The office of information technology (office) is required to initiate the procurement of information technology (IT) resources and is required to participate in other IT procurement-related activities on behalf of a state agency; except that a state agency may initiate solicitations and contracts for IT resources with prior approval of the procurement official of the office. If a state agency does not receive written approval or disapproval from the procurement official for the office within 30 business days after submitting a procurement request to the office for review, the state agency may assume that it has received the prior approval of the office and is authorized to initiate the procurement or solicitation process. The balance of the existing technology risk prevention and response fund (fund) is capped at $50 million. The office may contribute money to the fund from the operations and maintenance fees associated with the billing practices of the office. Any money appropriated from the general fund to the office or a state agency for the procurement of IT resources or projects that is unexpended or unencumbered at the end of a fiscal year as a result of savings achieved in connection with such procurement must be transferred to the fund. A contract for the licensing of software applications that are designed to run on generally available desktop or server hardware cannot limit a governmental body's ability to install or run the software on the hardware of the governmental body's choosing. (Note: This summary applies to this bill as enacted.)
The act implements the recommendations of the department of regulatory agencies, as contained in the department's sunset review of the regulation of persons in connection with the control of asbestos, as follows: Continues the regulation for 5 years, until September 1, 2027; Removes limits on the ability of the air quality control commission to promulgate rules more stringent than the standards set forth in the federal "Occupational Safety and Health Act" (OSHA) and federal regulations promulgated pursuant to OSHA; and Requires a local government to add language regarding asbestos inspections on each application to renovate or demolish property. The act also: Expands the definition of "area of public access" to include any building, facility, or property that a member of the general public can enter or be exposed to asbestos; Amends the definition of "asbestos abatement" to include conducting a major spill response to prevent the escape of asbestos fibers into the atmosphere; Adds a definition of "facility"; and Expands the types of facilities for which a person must be certified before conducting asbestos inspections or asbestos abatement actions from schools or public or commercial buildings to any building, facility, or property.(Note: This summary applies to this bill as enacted.)
At the end of federal fiscal year 2023, the act removes the requirement that the department of human services (state department) pass through 100% of the federal child support incentive payments received by the state to county departments of human or social services. Beginning in federal fiscal year 2024, the state board of human services, by rule, shall determine whether the state department may retain a percentage of the federal incentives the state receives for the purposes of information technology enhancements to the automated child support enforcement system and how to use the retained amount. Beginning July 1, 2025, the act requires the state department to report on each project funded by the federal incentive money the state retained to the joint technology committee of the general assembly. (Note: This summary applies to this bill as enacted.)
The act adjusts various requirements applicable to the "Colorado Loans for Increasing Main Street Business Economic Recovery Act" (program) that provides small business recovery loans to Colorado businesses, funded in part through the sale of insurance premium tax credits. The act: Extends the period through which the program can issue capital for the loan program through fiscal year 2023-24; Increases the amount of capital that can be issued in the last 3 fiscal years of the program without increasing the total amount that can be issued for the life of the program; Lowers the minimum amount of a loan to a small business from $30,000 to $10,000; Lengthens the maximum initial maturity of a loan to a small business from 5 years to 10 years; Changes the requirements for an eligible borrower to require one year of positive cash flow instead of 2, and at least one employee instead of at least 5 employees; Clarifies the benchmarks that apply to the program for making loans to businesses owned by socially and economically disadvantaged individuals; Extends the time for the program to issue tax credits through state fiscal year 2022-23; Extends the period through which the program can issue tax credits through fiscal year 2022-23 without changing the total amount of tax credits that can be issued over the life of the program; Allows tax credits issued in fiscal years 2021-22 and 2022-23 to be claimed on a schedule beginning in a taxable year that begins on or after January 1, 2023; and Removes a requirement that if additional state or federal money is appropriated or allocated to the program, the value of the tax credits authorized by the program must be reduced by the same amount.(Note: This summary applies to this bill as enacted.)
To provide additional funding for the community revitalization grant program, the act requires the state treasurer to transfer $20 million from the economic recovery and relief cash fund to the community revitalization fund on July 1, 2022. On and after the effective date of the act, for-profit entities and organizations are no longer eligible to receive grants through the program. (Note: This summary applies to this bill as enacted.)
The act creates the geothermal energy grant program (grant program) in the Colorado energy office (office) within the office of the governor. The grant program offers 3 types of grants: The single-structure geothermal grant, which is awarded to applicants that are constructing new buildings and that are installing a geothermal system as the primary heating and cooling system for the building; The community district heating grant, which is awarded to support ground-source, water-source, or multisource thermal systems that serve more than one building; and The geothermal electricity generation grant, which is awarded to support the development of geothermal electricity generation and hydrogen generation produced from geothermal energy. The act sets qualifications, limits, and standards for awarding the grants. A grantee is prohibited from using the money for any purpose not specified in statute or in the grant application. Using the grant money for another purpose subjects the grantee to a civil action seeking repayment. The act creates the geothermal energy grant fund (fund).The grant money in the fund is allocated in the following percentages: Up to 40% of the total money in the fund may be awarded in grants for to support the development of geothermal electricity generation and resource development, which may include hydrogen generation produced from geothermal energy; Up to 80% of the total money in the fund may be awarded in grants for constructing new buildings using geothermal heating, and one-fourth of the money must be awarded to eligible entities from or projects in low-income, disproportionately impacted, or just transition communities; and Up to 25% of the total money in the fund may be awarded in grants to support the development of community district heating systems in new construction or to retrofit existing buildings. The money in the fund is continuously appropriated to implement the grant program. The state treasurer will transfer $12 million from the general fund to the fund. The office administers the grant program and, in doing so, must develop and apply criteria for evaluating and awarding grant applications that: Prioritize projects in low-income, disproportionately impacted, or just transition communities; and Maximize the number of additional projects that would otherwise not occur without grant money. Each grantee must submit an annual report to the office for 2 years following receipt of a grant award. By February 1, 2024, and each year thereafter through February 1, 2026, the office must submit a report to the transportation and energy committee of the senate and the energy and environment committee of the house of representatives. The report must include for the preceding calendar year: The total amount of grant money awarded; The total number of grants awarded and the amount of each grant; The total amount of grant money awarded to each grantee; The percentage of the total amount of grant money awarded for each type of grant; The total amount of matching funds that grantees provided to receive a grant; The percentage of the total amount of grant money awarded to and for projects in low-income, disproportionately impacted, or just transition communities; and To the extent available, the effects of the grants on gas use, electricity use, emissions, and energy costs.(Note: This summary applies to this bill as enacted.)
The act prohibits the department of health care policy and financing (state department) from requiring prior authorization for any repair of complex rehabilitation technology (CRT). No later than October 1, 2023, the act requires the medical services board to promulgate rules establishing repair metrics for all CRT suppliers and CRT professionals. Prior to promulgating rules, the act requires the state department to engage in a stakeholder process. Beginning January 2024, the act requires the state department to report on the metrics and compliance with the metrics. Beginning 3 years after the date the repair metric rules are established, the act authorizes the state department to engage in a stakeholder process to determine the need for additional accountability of a qualified CRT supplier through penalties, audits, or similar tools, for violations of the metric rules. Beginning December 1, 2024, the act requires the state department to reimburse labor costs at a rate that is 25% higher for clients residing in rural areas than urban areas. The act appropriates $112,668 from the general fund to department of health care policy and financing to implement the act. (Note: This summary applies to this bill as enacted.)
The act requires the department of public health and environment (department), as part of its duty to disseminate public health information, to: Collect public health information from data sources and data provided to the department, including information concerning race, ethnicity, disability, sexual orientation, and gender identity, to the extent permissible under applicable federal and state data privacy laws, rules, and regulations and federal contracts; and Provide direction and technical assistance relating to public health information. The act clarifies that no person is required to provide demographic information concerning race, ethnicity, disability, sexual orientation, or gender identity. The act requires the state board of health to promulgate rules, which rules apply to all state and county, district, and municipal public health agencies, public health directors, and other persons required to collect and report data, concerning the requirements for collecting data, and the manner and time frame for reporting and disaggregating data in compliance with applicable federal and state privacy laws, rules, and regulations and federal contracts to protect sensitive medical information and personally identifying information. For required health equity commission (commission) reports that do not include complete demographic information, the act requires state agencies that are represented on the commission to publish a supplemental report to address the social determinants of health and the strategies used to address health disparities and inequities based on race, ethnicity, disability, sexual orientation, and gender identity. To assist with the department's assessment of health disparities and inequities, the act requires the commission to convene a data advisory working group (working group) to advise the commission concerning collecting and aggregating nonidentifying demographic data and information from Colorado residents about race, ethnicity, disability, sexual orientation, and gender identity as part of public health programs and from information acquired by or submitted to the department. The act includes the selection of members for the working group. The act removes the requirement that a birth certificate include the person's gender as male or female at birth, but requires a report of birth filed with the state registrar to be completed in compliance with federal law. For the 2022-23 state fiscal year, the act appropriates $360,000 from the general fund to the department to implement the act, including: $40,000 for use by administration and support for operating expenses related to health statistics and vital records; and $320,000 for use by disease control and public health response for immunization operating expenses related to general disease control and surveillance.(Note: This summary applies to this bill as enacted.)