The act makes a number of modifications to the "Outdoor Advertising Act", including the following:Removing distinctions in the "Outdoor Advertising Act" based on the information on an advertising device, in order to create a content-neutral test for applying the "Outdoor Advertising Act"; Modifying the regulation by the "Outdoor Advertising Act" of advertising devices with a message center display, so that such devices may not be placed within 1,000 feet of each other on the same side of a highway and facing the same direction of travel; Revising the permitting system under the "Outdoor Advertising Act" to establish a timeline for the issuance of a permit or the rejection of a permit application and to create a process to appeal the denial of a permit application; Allowing a property owner to maintain a potential advertising device on their property without a permit, if the property owner executes an affidavit attesting that the potential advertising device is not an advertising device as defined under the "Outdoor Advertising Act"; Modifying the enforcement provisions in the "Outdoor Advertising Act" to remove the current misdemeanor penalty for violations of the act and to ensure that the Colorado department of transportation has the authority to seek a court order enjoining violations of the "Outdoor Advertising Act"; Removing exceptions from the "Outdoor Advertising Act" that allow the erection of new advertising devices along state highways designated as scenic byways by the transportation commission; and No longer allowing on-premise advertising devices to extend over the existing and future right-of-ways of any state highway.(Note: This summary applies to this bill as enacted.)
Sponsored bills
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 makes various changes to statutory provisions to promote transparency for special districts. Specifically:Under current law, the designated election official is required to provide notice by publication of a call for nominations for a regular local government election. Except for metropolitan districts organized after January 1, 2000, the act requires that notice be made exclusively by publication and by any one of 4 additional means. In the case of any metropolitan district that was organized after January 1, 2000, the act requires the notice of the call for nominations to be made by emailing the notice to each active registered elector of the metropolitan district as specified in the registration list provided by the county clerk and recorder as of the date that is 150 days prior to the date of the regular local government election. Where the active registered elector does not have an e-mail address on file for such purpose with the county clerk and recorder as of that date, the public notice must be made by mailing the notice, at the lowest cost option, to each address at which one or more active registered electors of the metropolitan district resides as specified in the registration list provided by the county clerk and recorder as of that date. In addition to the means of providing public notice of the call for nominations that is required under the act, the designated election official must also provide public notice by any one of 4 alternate means specified in the act; The act exempts inactive special districts from new requirements under the act concerning maintenance of a district's website and a district's annual report; The act requires a metropolitan district, by a certain date, to establish, maintain, and annually update an official website in a form that is readily accessible to the public that contains information that is specified in the act; The act adds to existing statutory requirements regarding the annual report to be filed by a special district and, among other things, supplements the type of information to be included in the annual report; The act prohibits a metropolitan district from exercising its power of dominant eminent domain within a municipality or the unincorporated area of a county, other than within the boundaries of the jurisdiction that approved its service plan, without a written resolution approving the exercise of dominant eminent domain by the governing body of the municipality in connection with property that is located within an incorporated area or by the board of county commissioners of the county in connection with property that is located within an unincorporated area; and The act requires, on and after January 1, 2022, each owner of real property that sells real property that includes a newly constructed residence that is located within a metropolitan district, concurrently with or prior to the execution of a contract to sell the property, to provide to the purchaser of the property certain information or statements specified in the act relating to the finances of the metropolitan district, including information about the debt obligations of the district and an estimate of property taxes applicable to the property at the time of the sale.(Note: This summary applies to this bill as enacted.)
The act creates the revenue loss restoration cash fund (fund). The state treasurer is required to transfer $1 billion from the "American Rescue Plan Act of 2021" cash fund to the fund. This amount is a portion of the money that the state receives from the federal coronavirus state fiscal recovery fund that represents the state's revenue loss as calculated under United States department of treasury guidelines.The general assembly may appropriate or transfer money from the fund to a department for the provision of government services, including kindergarten through twelfth grade public education, housing, state employees, asset maintenance, seniors, criminal justice, state parks, agriculture, and transportation infrastructure. On and after January 1, 2022, the general assembly may only appropriate money from the fund through the annual general appropriation act or a supplemental appropriation act. The money in the fund is allocated to be used over the next 3 fiscal years.(Note: This summary applies to this bill as enacted.)
The act appropriates $15,000,000 from the workers, employers, and workforce centers cash fund and the federal coronavirus recovery fund to the department of higher education for the Colorado opportunity scholarship initiative's displaced workers grant.(Note: This summary applies to this bill as enacted.)
The electronic recording technology board (board), which was created in 2016, makes grants to counties to establish, maintain, improve, or replace their electronic filing systems. These grants are from surcharges collected by county clerk and recorders and transmitted to the state for deposit in the electronic recording technology fund. The act makes the following changes related to the board:Delays the repeal and sunset review of the board by 4 years so that it will take place just over 10 years after the board's creation; Extends the surcharge that is collected by county clerk and recorders and transmitted to the board; Extends the board's annual reporting requirement about its grants for 4 more years and requires an additional 5-year report about the overall success of the program; Permits the board to make grants to a county to improve the security of its general information technology systems, if the improvement is necessary to improve the security of the county's electronic filing system; and Specifies that the board may approve a grant application to establish, maintain, improve, or replace an electronic filing system, notwithstanding that a portion of the grant will be used to enable the system to receive, store, manage, and provide online access to public documents that are maintained by the county clerk and recorder but that are not related to real property.(Note: This summary applies to this bill as enacted.)
The bill creates the Colorado recycling and composting infrastructure enterprise (enterprise) within the department of public health and environment (department) to develop and modernize the recycling and composting infrastructure in the state. The enterprise is authorized to issue revenue bonds.The bill creates the Colorado recycling and composting infrastructure enterprise grant program (grant program) within the department to provide grants to eligible entities to: Create new or expand existing recycling, recovery, and composting operations;Create markets for recycled materials, including the use of food service packaging as feedstock in the production of new products; andFacilitate recycling, composting, litter cleanup, and education efforts concerning recycling and composting practices. The bill creates the Colorado recycling and composting infrastructure enterprise board (enterprise board) to administer the grant program and submit an annual report concerning the grant program.The bill creates the Colorado recycling and composting infrastructure enterprise grant program cash fund (cash fund) and requires the enterprise board to award grants from the cash fund.The bill allows the executive board to promulgate rules to implement the grant program and requires the solid and hazardous waste commission (commission) to promulgate rules establishing a process for calculating the rates at which common types of food service packaging are being recycled or composted in the state, based on recently available data. On or before January 1, 2025, the commission must use the process to calculate such rates. Thereafter, the commission must recalculate each rate at least every 2 years. The enterprise board must evaluate the rates and advise the commission regarding their accuracy.The bill requires the enterprise to determine and impose a fee on food service packaging that is initially sold or offered for sale in the state, as follows:On and after January 1, 2022, and until January 1, 2030, the enterprise shall impose a fee in an amount to be determined by the enterprise but which may not exceed three-tenths of a cent on each unit of the food service packaging;On and after January 1, 2030, and until January 1, 2035, if the food service packaging is a type of food service packaging for which the commission has calculated a recycling or composting rate that is less than 50%, the enterprise shall impose a fee in an amount to be determined by the enterprise but which may not exceed six-tenths of a cent on each unit of the food service packaging; andOn and after January 1, 2035, if the food service packaging is a type of food service packaging for which the commission has calculated a recycling or composting rate that is less than 75%, the enterprise shall impose a fee in an amount to be determined by the enterprise but which may not exceed one cent on each unit of the food service packaging. The enterprise shall collect the fee from the distributor that initially sells the food service packaging into the state. All money collected as fees must be deposited into the cash fund.The bill requires the commission to conduct an assessment of the state's recycling and composting infrastructure on or before January 1, 2022, including examining the types of food service packaging being collected, processed, recycled, or composted in the state.The bill creates the stakeholder advisory committee on recycling (advisory committee) in the department of public health and environment (department) and requires the advisory committee to: Conduct a literature review of various policy concepts relating to post-consumer recycled content requirements for packaging; Review rates and time frames in which post-consumer recycled content may be feasibly required for all packaging applications and materials; and Submit a report on or before July 1, 2022, to subject matter committees of the general assembly, which report must include recommendations in subject matter areas in which the advisory committee achieved consensus and note dissenting opinions in subject matters in which the advisory committee failed to achieved consensus. For the 2021-22 state fiscal year, the bill appropriates $139,775 to the department for use by the division of environmental health and sustainability to implement the bill. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The act prohibits a third-party food delivery service from taking and arranging for the delivery or pickup of an order from a retail food establishment, other than grocery and convenience stores, without the retail food establishment's consent. A retail food establishment may bring an action against a third-party food delivery service that violates the act for damages, a civil penalty not to exceed $1,000 per violation, and injunctive relief, and the prevailing party in such action is entitled to reasonable attorney fees.(Note: This summary applies to this bill as enacted.)