The bill creates the stream and wetlands protection commission (commission) in the department of natural resources (department) and requires the commission to develop, adopt, and maintain a dredge-and-fill permit program (permit program) for: Regulating the discharge of dredged or fill material into certain state waters; and Providing protections for state waters, which protections are no more restrictive than the protections provided under the federal "Clean Water Act" as it existed on May 24, 2023. The bill creates the stream and wetlands protection division (division) in the department to administer and enforce the permit program. The commission is required to promulgate rules as expeditiously as is prudent and feasible concerning the issuance of permits under the permit program. Until the division implements such rules, the bill prohibits the water quality control division in the department of public health and environment from taking any enforcement action against an activity that includes the discharge of dredged or fill material into state waters if the activity causing the discharge is conducted in a manner that provides for protection of state waters consistent with the protections that would have occurred through compliance with federal law prior to May 25, 2023. The bill establishes enforcement mechanisms for the permit program. A person who violates the terms of a permit, a rule, or a cease-and-desist order or clean-up order is subject to a civil penalty of not more than $10,000 per day per violation. The bill directs the state treasurer to transfer $600,000 from the severance tax operational fund to the capital construction fund on July 1, 2024, for the implementation of the bill. (Note: This summary applies to this bill as introduced.)
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Joint budget committee. Under current law, the department of transportation (department) administers business and tourist-oriented directional sign programs (sign programs). As part of the sign programs, the department may: Erect, administer, and maintain signs within highway rights-of-way and issue permits for business signs to be installed on those signs; and Issue permits and adopt rules for the erection, administration, and maintenance of tourist-oriented directional signs. The bill creates the Colorado roadside improvement and outdoor recreational industry promotional enterprise (enterprise) and allows the department to contract with the enterprise to implement all or part of the sign programs. In addition to implementing the sign programs, the enterprise assists in maintaining rest areas and administers the outdoor recreational industry promotional grant program. To finance these purposes, the enterprise may impose a fee on persons who participate in the sign programs. The fee must be collected at rates that are reasonably calculated based on the fair market value of the costs of implementing, modernizing, improving, and maintaining the sign programs and inflation. In maintaining rest areas, the enterprise may work with the department, other state agencies, local governments, or private entities as necessary to assist in modernizing rest areas and in the maintenance of roadside in Colorado and reducing the number of people experiencing homelessness within state public rights-of-way. In administering the outdoor recreational industry promotional grant program, the enterprise shall collaborate with the Colorado outdoor recreation industry office to administer the grant program and award grants for promoting the outdoor recreational industry. (Note: This summary applies to this bill as introduced.)
Under current law, certain evidence of a victim's or witness's prior or subsequent sexual conduct is presumed irrelevant, but there is an exception for evidence of the victim's or witness's prior or subsequent sexual conduct with the defendant. The act eliminates this exception. The act expands the criminal rape shield law to prohibit the admission of evidence of the victim's manner of dress or hairstyle as evidence of the victim's consent. The act amends what a moving party must show to the court and to opposing parties and what the court must find in order to introduce evidence that is presumed to be irrelevant under the criminal rape shield law. Under current law, a defendant may move to introduce evidence that the victim or a witness has a history of false reporting of sexual assaults, upon a sufficient showing to the court and opposing parties. The act allows the defendant to offer evidence concerning at least one incident of false reporting of unlawful sexual behavior and also articulate facts that would, by a preponderance of the evidence, demonstrate that the victim or witness has made a report that was demonstrably false or false in fact. APPROVED by Governor April 24, 2024 EFFECTIVE July 1, 2024(Note: This summary applies to this bill as enacted.)
The bill defines a short-term rental unit as a building that is designed for use predominantly as a place of residency by a person, a family, or families, is leased or available to be leased for short-term stays, and includes the land upon which the building is located. A commercial short-term rental unit is defined as a short-term rental unit that is not the owner's primary or secondary residence. A commercial short-term rental unit is classified as lodging property, which is a subclass of nonresidential property for purposes of valuation for assessment. A short-term rental unit that is the owner's primary or secondary residence will continue to be classified as residential property. On or before November 15, 2024, and on or before November 15 of each year thereafter, an owner of a short-term rental unit shall submit to the assessor of the county in which the property is located an affidavit signed by the owner, under the penalty of perjury in the second degree, identifying whether the property will continue to be used as a short-term rental unit in the following property tax year commencing on January 1, and if so, whether it will be the owner's primary or secondary residence. Absent contrary information, the assessor shall use the information in the affidavit to determine whether the property is a commercial short-term rental unit. If a commercial short-term rental unit is sold, the new owner shall submit an affidavit to the county assessor if the property will no longer be a commercial short-term rental unit for the classification of the property to change for the subsequent property tax year. (Note: This summary applies to this bill as introduced.)
The act repeals the COVID heroes collaboration fund on July 31, 2024. Prior to the repeal, on July 1, 2024, the state treasurer shall transfer the unexpended and unencumbered money in the COVID heroes collaboration fund to the general fund. APPROVED by Governor April 19, 2024 EFFECTIVE April 19, 2024(Note: This summary applies to this bill as enacted.)
Current law requires the general assembly to appropriate or transfer money to the mill levy equalization fund (fund) for institute charter school (institute) funding. The act repeals the fund. For the 2024-25 budget year and each budget year thereafter, the general assembly shall appropriate money from the general fund or the state education fund to the state charter school institute to fund full mill levy equalization for all institute charter schools. Appropriations made in the annual general appropriation act for the 2024-25 state fiscal year to the department of education for use by the state charter school institute are adjusted as follows: The cash fund appropriation from the fund for institute mill levy equalization is decreased by $735,000; The reappropriated funds appropriation from the fund for institute mill levy equalization is decreased by $49,220,696; The general fund for institute mill levy equalization is decreased by $22,000,000; and The cash funds appropriation from the state education fund for institute mill levy equalization is increased by $22,000,000. APPROVED by Governor April 18, 2024 EFFECTIVE April 18, 2024(Note: This summary applies to this bill as enacted.)
Under existing law, the appropriation to the university of Colorado for fee-for-service contracts for health services is reduced by a certain amount of additional medicaid reimbursements and payments received by the state pursuant to the federal"Families First Coronavirus Response Act" (additional medicaid payments) through December 31, 2024. The act continues this provision until July 1, 2026. As additional medicaid payments are phased out, the general fund appropriation to the university of Colorado for fee-for-service contracts is increased. The act exempts the increased general fund appropriations in the 2024-25 and 2025-26 state fiscal years made as a result of the phased out additional medicaid payments from the required annual increase in student financial assistance. The act reduces the appropriation to the department of higher education for the 2024-25 state fiscal year for need-based grants by $2,273,392. APPROVED by Governor April 18, 2024 EFFECTIVE April 18, 2024(Note: This summary applies to this bill as enacted.)
Under current law, the money in the educator licensure cash fund (cash fund) is continuously appropriated through fiscal year 2023-24. The act extends the continuous appropriation authority to fiscal year 2029-30. On or before November 1, 2029, the department of education shall report to the education committees of the house of representatives and the senate and the joint budget committee concerning the revenue credited to, and expenditures from, the cash fund and shall make a recommendation whether the continuous appropriation authority should be maintained. APPROVED by Governor April 18, 2024 EFFECTIVE April 18, 2024(Note: This summary applies to this bill as enacted.)
The act delays a $20 million transfer from the marijuana tax cash fund to the public school capital construction assistance fund from June 1, 2024, to June 1, 2026. The act reduces the appropriation to the department of education from the public school capital construction assistance fund for the 2024-25 state fiscal year by $20 million. APPROVED by Governor April 18, 2024 EFFECTIVE April 18, 2024(Note: This summary applies to this bill as enacted.)