Rep. Michael Carter

The act permits a county or municipal jail (local detention facility) to conduct a strip search of a person who is detained in the local detention facility, only:When the facility is conducting intake of the detained person who has come in from outside the facility and a strip search upon intake is part of the detention facility's policy;When 2 personnel of the facility have determined and reasonably believe the detained person is concealing a controlled substance, a dangerous instrument, or contraband; or Under a circumstance or set of conditions in which there has been a prior incident of possession of a controlled substance, a dangerous instrument, contraband, or any other item that creates grave danger to property or injury to persons and substantially obstructs the performance of the institutional functions of the local detention facility, the circumstance or set of conditions give rise to a substantial likelihood that a similar incident may occur again, and the local detention facility has a written policy authorizing a strip search under the circumstances or set of conditions.     The act requires that each local detention facility document the number of, reason for, and results of a strip search in a report that each facility must submit annually to the jail standards advisory committee and the Colorado attorney general. The act requires detention facility personnel to record strip searches via body-worn camera and limits access to the recordings. The act requires each sheriff to coordinate with the sheriff's body-worn camera vendor to implement a tag for strip searches in body-worn camera footage tagging options and ensure that strip search footage has the most restrictive level of access available within the sheriff's body-worn camera system.     The act requires local detention facilities to have a policy detailing staff protocol for responding to suspected, alleged, or witnessed sexual abuse and requires staff to report suspected, alleged, or witnessed sexual abuse. The act creates whistleblower protection policies for jail staff and creates a right of action against a local detention facility for a staff member who was subject to an adverse employment action because the staff member disclosed information to the proper supervising authority about sexual abuse or sex-based harassment in the local detention facility.     The act requires local detention facilities to inform prisoners of their rights and the resources available to them if they are a victim of sexual abuse while in jail and allow sexual assault advocates to access prisoners who request advocacy services. The act requires local detention facilities to designate a 'Prison Rape Elimination Act of 2003' (PREA) coordinator and requires jails to provide the coordinator's contact information to prisoners and the public.     The act requires the removal of peace officers standards and training board (P.O.S.T. board) certification from any peace officer who is found by an administrative law judge, hearing officer, or internal investigation to have sexually abused a prisoner in a local detention facility.     The act appropriates $38,916 to the department of law from the P.O.S.T. board cash fund for P.O.S.T. board support.(Note: This summary applies to this bill as enacted.)

The act authorizes a local government with permitting authority over land uses (local government) to designate one or more areas within the jurisdiction of the local government as renewable energy reinvestment areas for the siting of renewable energy and energy storage system projects (eligible projects). In designating an area as a renewable energy reinvestment area, the local government must hold at least one public hearing and hold at least one public hearing for any construction permit applications required for a proposed eligible project in the renewable energy reinvestment area or must designate the area as part of an urban renewal plan or county revitalization plan and ensure that any outreach to and engagement of disproportionately impacted communities is consistent with statutory requirements. A local government cannot designate an eligible site within tribal lands without first consulting with the tribe with jurisdiction over the lands.     If an eligible project is sited in a renewable energy reinvestment area, an urban renewal authority or county revitalization authority (authority) may distribute tax increment revenue to finance or reimburse costs associated with the eligible project if the renewable energy reinvestment area is included in the authority's urban renewal plan or county revitalization plan.     In response to a request made by a local government or an eligible project developer for information regarding a designated renewable energy reinvestment area, a utility is required to acknowledge the request and provide the requestor readily available information within 30 days after the request is made.     The Colorado energy office is required to consolidate, publish on its website, and periodically update technical and informational resources concerning the process for siting, permitting, and developing eligible projects in renewable energy reinvestment areas.(Note: This summary applies to this bill as enacted.)

The act requires certain transit agencies that have at least one million unlinked passenger trips in the most recent year, and that are not the Colorado department of transportation or a regional transportation authority that provides funding for but does not directly provide transit services (covered transit agencies), to take specific actions to increase transit access.     On and after June 30, 2027, a covered transit agency shall ensure that clear, up-to-date transit system maps are displayed at all rail stations, bus stations, and bus rapid transit stops and that information on fare rates and structures and eligibility requirements and application instructions for fare discount programs is available online and displayed in all transit vehicles and at all rail stations, bus stations, and transit stops with a covered shelter. A covered transit agency may meet these requirements by displaying summary information and a link or quick response (QR) code to a website with detailed information. A covered transit agency is not required to replace its fixed signage, displays, or maps solely to comply with these new requirements and, instead, is only required to update the required information upon the regularly scheduled replacement of any signage, displays, or maps.     On and after June 30, 2027, a covered transit agency shall ensure that all publicly available information that it disseminates related to accessing its transit services, including fare structures, transit maps, service schedules, and the rights and responsibilities of transit riders, is translated into languages that are widely spoken in any county in which the covered transit agency operates or that are required by a covered transit agency's existing language access plan. A covered transit agency may use an existing language access plan to satisfy these language access requirements.     Covered transit agencies are required to annually report their progress on the action areas required by the act, and other required information, to the governor and a joint meeting of the transportation committees of the general assembly beginning on or before January 31, 2028, and on or before each January 31 thereafter. Covered transit agencies must post this annual report on a publicly accessible website. Covered transit agencies are only required to report information that they already collect and may satisfy any of the information required to be reported by referencing or including a link to a publicly accessible official report that includes the required information.(Note: This summary applies to this bill as enacted.)

The act creates the 'Transit Investment Area Act' to facilitate the financing of transit and rail station infrastructure. Specifically, the act:Allows a local government and a transit agency to jointly undertake a transit investment project. To finance the project, the local government may apply to the Colorado economic development commission (commission) to designate a transit investment area and an approved financing entity;Authorizes the approved financing entity, which may be a newly created transit investment authority, a county revitalization authority, a metropolitan district, or an urban renewal authority, to receive state sales tax increment revenue. This revenue consists of the state sales tax collected in the designated area above a base amount, plus an additional 20% to account for out-of-area deliveries.Permits the financing entity to issue bonds and use the state sales tax increment revenue to finance eligible improvements related to the transit project;Prohibits the financing entity from using the state sales tax increment revenue to acquire property through eminent domain;Requires projects to comply with specified hiring, apprenticeship, and workforce standards;Caps the commission's approval authority at no more than 3 transit investment projects in any calendar year and no more than 6 in total and caps the total state sales tax increment revenue dedicated to all projects at $75 million per fiscal year; andAuthorizes the commission to revoke project approval if substantial work does not commence within 5 years and requires financing entities to submit annual reports and independent financial audits.     The act requires the Colorado office of economic development, in consultation with the department of local affairs and the department of transportation, to publish a transit and housing investment zone map on or before October 30, 2026.     The act creates the Colorado affordable housing in transit and housing investment zones tax credit (tax credit). The tax credit is administered in the same manner as the Colorado affordable housing in transit-oriented communities income tax credit; except that the tax credit is awarded in connection with housing projects in transit and housing zones. The act authorizes the Colorado Housing and Finance Authority to allocate up to $8,333,333 in tax credits each calendar year beginning in the 2027 calendar year through the 2033 calendar year.     For the 2026-27 state fiscal year, the act appropriates $213,349 to the office of the governor for use by economic development programs.(Note: This summary applies to this bill as enacted.)

The act allows for a county, a landowner in the town, or a registered elector in the town to apply to the secretary of state (secretary) to determine a town is abandoned when a town:Has no board of trustees or town clerk;Is unable to hold an election; andOwns or operates infrastructure critical for the treatment or delivery of water to residents.      The act authorizes the department of public health and environment to transfer up to $100,000 from the small communities water and wastewater grant fund to the department of public safety to cover the cost of operation and maintenance of a town's water system if an application for abandonment of the town has been filed with the secretary and the town has a water system that is failing or is likely to fail.(Note: This summary applies to this bill as enacted.)

The act changes the boundaries of the front range passenger rail district (district) to include certain listed municipalities, any municipality whose governing body and, if necessary, electors, consent for the municipality to be included in the district, certain listed metropolitan districts, and any metropolitan district that is not within a municipality, whose governing body consents for the metropolitan district to be included in the district, and that is identified for inclusion in the district by a district board (board) resolution.     The act requires that directors of the board appointed on or after July 1, 2026, reside within the district, unless that director is already serving on the board.     The act allows the board to create subdistricts within the district. The only voting members of a subdistrict board must be directors appointed by an entity that includes territory within the subdistrict and directors who reside within the subdistrict.     The act requires that any action by a subdistrict to establish or increase a tax or create a multiple-fiscal year debt must be submitted to a vote of the registered electors of the subdistrict. Before submitting a tax question to the voters, the district or subdistrict must certify that it has made every reasonable effort to secure federal, state, or special purpose authority funding.     Lastly, the act changes the method for determining the distribution of the costs of a district or subdistrict election. Under the new method, the costs of such an election are reimbursed in the same method and manner as state primary, coordinated, general, congressional vacancy, special legislative, or recall elections conducted after July 1, 2024. The act also requires that any constitutionally required notice for a district or subdistrict election be included in the ballot information booklet.(Note: This summary applies to this bill as enacted.)

The act creates the pesticide product disposal and container recycling enterprise (enterprise) in the department of agriculture (department). The board of directors of the enterprise (board) consists of the members of the state agricultural commission.     The enterprise is tasked with developing and administering a program for the disposal of pesticide products not identified as exempt from the program by the board (eligible pesticide products) and with coordinating the recycling of pesticide product containers (program). Along with providing these business services, the program must:Organize eligible pesticide product disposal events for commercial applicators and private applicators across the state;Provide outreach and education to commercial applicators and private applicators on proper and safe disposal of eligible pesticide products and the recycling of their containers and the services provided by the program; andProvide certain business services to an applicant that registers an eligible pesticide product with the commissioner of agriculture for sale or distribution in the state (applicant).     The enterprise operates as a government-owned business imposing:A pesticide product disposal fee for each eligible pesticide product that is disposed of through the program; andA pesticide registration product disposal fee on each applicant, which fee must be no more than $50 per eligible pesticide product.     The fees are credited to the pesticide product disposal and container recycling enterprise cash fund (fund) for use by the enterprise to carry out the program. Money credited to the fund is continuously appropriated to the enterprise for the purposes set forth in the act.     Commencing in 2028, the enterprise must annually report to the legislative committees with jurisdiction over agricultural matters the following information for the previous 12 months: the amount of fees collected, the total revenue generated by the fees, the location and times of disposal events held, a summary of the amount and types of products disposed of, and a description of education and outreach activities conducted.     $19,875 is appropriated from the legal services cash fund to the department of law to provide legal services for the department in implementing the act. The appropriation is from revenue received from the department that is continuously appropriated to the department from the fund.(Note: This summary applies to this bill as enacted.)

The act allows an applicant for licensure as a marriage and family therapist (LMFT) whose master's or doctoral degree program did not include an internship or practicum to also be registered as an LMFT candidate but requires these candidates to complete an additional 700 supervised clinical hours to become an LMFT.(Note: This summary applies to this bill as enacted.)

The act requires a minor who is under 18 years old to have written permission of the minor's parent or legal guardian to obtain an instruction permit to drive a motorcycle. The act does not apply to emancipated minors.(Note: This summary applies to this bill as enacted.)

The act encourages the state forest service, the department of natural resources, the department of personnel, and the department of transportation (covered agency) to prioritize the use of ecoregionally specific plant material that supports pollinator habitats when certain conditions are met. In planning and executing a vegetation project, each covered agency is required to satisfy certain requirements.     To the extent practicable, each covered agency shall coordinate with the other covered agencies with regard to purchasing.     Each covered agency, subject to available funding, shall establish a training program for relevant staff that includes certain minimum components.     On and after January 1, 2028, to the extent practicable, each covered agency shall integrate mowing and grazing based on recommendations included in the 2022 study commissioned by the department of natural resources pursuant to Senate Bill 22-199.     The act requires the office of the state architect to support and encourage the development and renovation of sustainable sites to maximize pollinator health on properties within the state capitol complex, other state buildings, and, where applicable, on leased property.     The act requires the Colorado state university cooperative extension service (extension) to perform a Colorado native plant availability study (study) in consultation with certain parties. On or before August 1, 2031, the extension shall issue a report summarizing the results of the study. The extension shall make the report publicly available on its website and provide copies of the report to the governor and specified legislative committees of reference.     The extension may seek, accept, and expend gifts, grants, and donations for the purpose of implementing the act. The extension is not required to perform the study or issue a report unless and until the extension acquires sufficient gifts, grants, and donations to pay for the performance of such duties.(Note: This summary applies to this bill as enacted.)