The act establishes a regulatory scheme that requires disclosure of certain chemical information for products used in downhole oil and gas operations (chemical disclosure information). The oil and gas conservation commission (commission) is required to utilize or develop a chemical disclosure website to collect and share certain chemical disclosure information with the public (chemical disclosure website). On and after July 31, 2023, operators, service providers, and direct vendors that provide chemical products directly to an operator or service provider at a well site (discloser) for use in underground oil and gas operations (downhole operations) in the state must disclose to the commission: The trade name of the chemical product; and A list of the names of each chemical used in the chemical product. The discloser must also provide the commission with a declaration that the chemical product contains no intentionally added perfluoroalkyl or polyfluoroalkyl chemicals. For disclosers that were already selling, distributing, or using a chemical product for use in downhole operations in the state before July 31, 2023, the disclosure and declaration must be made at least 30 days before July 31, 2023. For disclosers that begin to sell or distribute a chemical product for use in downhole operations in the state, or that begin to use a chemical product in downhole operations in the state, on or after July 31, 2023, the disclosure and declaration must be made at least 30 days before the discloser begins selling, distributing, or using the chemical product. If a manufacturer does not provide the disclosure information for a chemical product that it sells or distributes for use in downhole operations in the state to the discloser upon the request of the discloser or commission, the manufacturer must provide the commission with a trade secret form of entitlement for the chemical product. If, after making a request to the manufacturer, the discloser is unable to disclose the disclosure information, the discloser shall disclose to the commission: The name of the chemical product's manufacturer; The chemical product's trade name; The amount or weight of the chemical product; and A safety data sheet for the chemical product if it is available for disclosure by the discloser. On and after July 31, 2023, an operator of downhole operations using a chemical product must disclose to the commission: The date of commencement of downhole operations; The county of the well site where downhole operations are being conducted; The unique numerical identifier assigned by the American Petroleum Institute to the well where downhole operations are being conducted and the US well number assigned to the well where downhole operations are being conducted; and The trade names and quantities of any chemical products the operator used in downhole operations. The operator must also provide the commission with a declaration that the chemical product contains no intentionally added perfluoroalkyl or polyfluoroalkyl chemicals. For downhole operations that commenced before July 31, 2023, and that will be ongoing on July 31, 2023, the disclosure and declaration must be made within 120 days after July 31, 2023. For downhole operations that commence on or after July 31, 2023, the disclosure and declaration must be made within 120 days after the commencement of downhole operations. The commission will use the chemical disclosure information to create a chemical disclosure list for each well site, which will include an alphabetical list of names and Chemical Abstracts Service numbers of chemicals that will be used in downhole operations at the well site. The commission will post each chemical disclosure list on the chemical disclosure website. The commission shall provide the chemical disclosure list to the applicable operator within 7 days after the operator's disclosures. The operator is required to disclose the chemical disclosure list to persons and entities near where downhole operations will be conducted. The disclosure of the chemical disclosure list to these persons and entities must be made within 30 days after the operator's receipt of the chemical disclosure list from the commission. The commission will prepare and present an annual report to the general assembly that includes a list of chemicals used in downhole operations in the state in the prior calendar year. For the 2022-23 state fiscal year, $61,500 is appropriated from the oil and gas conservation and environmental response fund to the department of natural resources (department) to implement the act, which amount is reappropriated to the office of the governor for use by the office of information technology to provide information technology services for the department. (Note: This summary applies to this bill as enacted.)
Sponsored bills
The act clarifies that the housing requirements with which agricultural employers must comply during a public health emergency apply only during a statewide public health emergency that concerns COVID-19 or another communicable disease. The act allows an alternative to compliance with the existing housing requirements by authorizing a person engaged in agricultural employment to instead comply with alternative protections identified in a public health order issued by the department of public health and environment. The act authorizes the department of labor and employment to consult with the department of public health and environment concerning the enforcement of agricultural worker housing requirements. (Note: This summary applies to this bill as enacted.)
The act requires the division of insurance (division) to collaborate with the department of health care policy and financing, the department of personnel, the department of public health and environment, and the primary care payment reform collaborative (collaborative) to develop and promulgate rules for alternative payment model parameters for primary care services offered through health benefit plans. The alternative payment model parameters must: Include transparent risk adjustment parameters that ensure that primary care providers are not penalized for or disincentivized from accepting vulnerable, high-risk patients and are rewarded for caring for patients with more severe or complex health conditions and patients who have inadequate access to affordable housing, healthy food, or other social determinants of health; Utilize patient attribution methodologies that are transparent and reattribute patients on a regular basis, which must ensure that population-based payments are made to a patient's primary care provider rather than other providers who may only offer sporadic primary care services to the patient and include a process for correcting misattribution that minimizes the administrative burden on providers and patients; Include a set of core competencies around whole-person care delivery that primary care providers should incorporate in practice transformation efforts to take full advantage of various types of alternative payment models; and Require an aligned quality measure set that considers the quality measures and the types of quality reporting that carriers and providers are engaging in under current state and federal law and includes quality measures that are patient-centered and patient-informed and address: Pediatric, perinatal, and other critical populations; the prevention, treatment, and management of chronic diseases; and the screening for and treatment of behavioral health conditions. For health-care plans that are issued or renewed on or after January 1, 2025, each carrier must ensure that the carrier's alternative payment models for primary care incorporate the aligned alternative payment model parameters created by the division. By December 1, 2023, the commissioner of insurance must promulgate rules detailing the requirements for alternative payment model parameters alignment. The division shall allow carriers the flexibility to determine which network providers and products are best suited to achieve the goals and incentives set by the division. Once the division has 5 years of data, the division is required to analyze the data, produce a report on the data, and present the findings to the general assembly during the department of regulatory agencies' presentation to legislative committees at hearings held pursuant to the "SMART Act". To assist carriers with implementing primary care alternative payment models, the division is required to retain a third-party contractor to design an evaluation plan for such implementation and retain a third-party contractor to provide technical assistance to carriers. With regard to the collaborative, the act: Requires the collaborative to annually review the alternative payment models developed by the division and provide the division with recommendations on the models; and Adjusts the date on which the collaborative must deliver its annual reports. With regard to the all-payer health claims database, the act: Requires the administrator to include in the annual primary care spending report data related to the aligned quality measure set determined by the division; and Adjusts the date on which the annual reports are due. For the 2022-23 state fiscal year, $56,328 is appropriated to the department of personnel from the general fund for use by the division of human resources to implement the act. (Note: This summary applies to this bill as enacted.)
The act requires the state treasurer to transfer $57 million from the revenue loss restoration cash fund to the family and medical leave insurance fund for use by the division of family and medical leave insurance (division) created under the "Paid Family and Medical Leave Insurance Act" (PFMLIA). The transferred money is an advance payment of premiums for state employee coverage that the state is required to pay under the family and medical leave insurance program established by the PFMLIA. The division is required to credit the transferred money to state employer accounts and to annually continue to credit money to the state employer accounts until such accounts have a zero dollar balance and begin owing quarterly premiums as set forth in the PFMLIA. The executive director of the department of labor and employment is required to submit specified reports. The act reduces the appropriations to state departments for employer premium payments for state fiscal year 2022-23. (Note: This summary applies to this bill as enacted.)
The bill reduces the premium paid by employers for the state's paid family and medical leave program, starting January 1, 2023, through June 30, 2023, from nine-tenths of 1% of wages per employee to eighty-one hundredths of 1% of wages per employee. The bill requires the state treasurer to transfer $57.5 million from the general fund to the family and medical leave insurance fund. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill removes language limiting the naturopathic formulary to nonprescription classes of medicines, including only biological substances such as vitamins, minerals, nutritive substances, extracts, and their products and residues. (Note: This summary applies to this bill as introduced.)
The act requires the department of health care policy and financing to administer a reproductive health care program (program) that provides contraceptive methods and counseling services to participants. The program must offer each participant at least a one-year supply of the requested contraceptive method or an alternative contraceptive method and not impose cost-sharing requirements.Beginning in fiscal year 2023-24, the department shall analyze and report the cost-effectiveness of the program to the public during its annual SMART act hearing.The act appropriates $4,125,347 from the general fund to the department of health care policy and financing to implement the act.(Note: This summary applies to this bill as enacted.)
When a peace officer is present at the scene of an emergency, an emergency medical service provider (EMS provider) authorized to administer ketamine in a prehospital setting shall only administer ketamine if the EMS provider has:Weighed the individual to ensure accurate dosage or estimated the individual's weight with the agreement of at least 2 personnel trained in weight assessment if the EMS provider is unable to weigh the individual; Training in the administration of ketamine; Training in advanced airway support; Equipment available to manage respiratory depression; and Equipment available to immediately monitor the vital signs of the individual receiving ketamine and the ability to respond to any adverse reactions. An EMS provider who administers ketamine shall provide urgent transport to the individual receiving ketamine and record any complications arising out of such administration. Absent a justifiable medical emergency, an EMS provider shall not administer ketamine in a prehospital setting to subdue, sedate, or chemically incapacitate an individual for alleged or suspected criminal, delinquent, or suspicious conduct. Any noncompliance by an EMS provider is considered misconduct.The act prohibits a peace officer from using, directing, or unduly influencing the use of ketamine upon another person and from compelling, directing, or unduly influencing an EMS provider to administer ketamine. A peace officer who is also certified as an EMS provider may administer ketamine when the decision is based on the EMS provider's training and expertise.An EMS provider shall confidentially report a peace officer's violation to the peace officers standards and training board (P.O.S.T. board) within 10 days of the occurrence, and a peace officer shall not retaliate in any way against an EMS provider for reporting the incident. Upon receipt of the report, the P.O.S.T. board shall submit the report to the peace officer's employing agency, which shall conduct an internal investigation of the alleged violation and transmit the findings to the P.O.S.T. board. If the findings are substantiated, the peace officer's certification is subject to revocation.A peace officer shall not unduly influence an EMS provider's medical decision or diagnosis, and an EMS provider shall not base its medical decision exclusively on information provided by a peace officer; except that a peace officer may provide critical medical information or any other pertinent information about the individual or the scene of the emergency that may assist the EMS provider's assessment of the need to administer ketamine. When a peace officer directs a person to assist the peace officer, the person is prohibited from administering ketamine.The act requires a peace officer who witnesses another peace officer use ketamine in pursuance of the peace officer's duties to report such use to the P.O.S.T. board. The report must be in writing and made within 10 days of the occurrence of the use of ketamine. Any peace officer who fails to report use of ketamine commits a class 1 misdemeanor. Upon receipt of the report, the P.O.S.T. board shall submit the report to the peace officer's employing agency, which shall conduct an internal investigation of the alleged violation and transmit the findings to the P.O.S.T. board. If the findings are substantiated, the peace officer's certification is subject to revocation.The act requires a peace officer to intervene, without regard for chain of command, to prevent or stop another peace officer from using ketamine in pursuance of the other peace officer's duties. A peace officer who intervenes shall report the intervention to the peace officer's immediate supervisor. A member of a law enforcement agency shall not discipline or retaliate in any way against a peace officer for intervening. Any peace officer who fails to intervene commits a class 1 misdemeanor, and the officer's certification is subject to revocation.The act changes the structure of the emergency medical practice advisory council (advisory council) by adding an anesthesiologist and a clinical psychiatrist. The act requires the advisory council to submit a report to the general assembly any time the advisory council advises or recommends authorizing the administration of any new chemical restraints.Beginning January 1, 2022, and each January 1 thereafter, the department of public health and environment (department) shall submit an annual report on the statewide use of ketamine by EMS providers and any complications that arise out of such use to the general assembly. The department shall make the report available on the department's website.The act appropriates $132,488 to the department of public health and environment for use by the health facilities and emergency medical services division to implement the act.(Note: This summary applies to this bill as enacted.)
The act creates the health-care services reserve corps task force (task force) in the department of public health and environment. The purpose of the task force is to evaluate and make recommendations on the creation of a health-care services reserve corps program (program), in which medical professionals could cross-train to be able to serve the state in an emergency or disaster and receive a benefit for their service.The task force consists of at least 10 and no more than 11 members. The task force is required to consider and make findings and recommendations on issues including:The types of medical professionals who could participate in a health-care services reserve corps program, including how to ensure an appropriate cross section of providers; The types of emergencies and disasters for which the program could prepare and provide assistance, and whether the program could be deployed out of state; Any legal or regulatory obstacles to creating such a program; Liability protections for professionals and facilities participating in the program; Whether the program could be streamlined or integrated with existing programs or procedures; The types and hours of training that would be required; How to ensure the program and cross-training are accessible to rural medical professionals; The costs associated with the program; Issues related to insurance coverage and reimbursement; Consumer protections for patients being treated by the program; How the health-care services reserve corps would be deployed; and The type of benefit that could be offered and the amount, terms of, and funding for the benefit that participants would receive. The task force is required to consult with medical and nursing schools in making recommendations related to the cross-training elements of the program and with additional stakeholders as necessary to address additional questions, including disaster response experts, affected state agencies, and entities with experience in medical malpractice insurance. The task force is authorized to consult with additional stakeholders with expertise in identifying the physical and mental health needs of Coloradans or in coordinating emergency response at the local, state, or federal level to identify additional questions for future consideration by the program. The task force is authorized to contract with an outside consultant to assist the task force in completing its work.The task force is required to submit a report with its findings and recommendations to the house public health care and human services committee and the senate health and human services committee by December 1, 2023. The task force is required to meet at least once every 2 months. Task force members serve without compensation and are not eligible for reimbursement for expenses. The act is repealed effective September 1, 2024.(Note: This summary applies to this bill as enacted.)