Rep. Chad Clifford

The act appropriates $4 million from the "Infrastructure Investment and Jobs Act" cash fund (fund) to the office of the governor (office) for state fiscal year 2025-26, with roll-forward authority in state fiscal year 2026-27 for any money remaining in the fund after state fiscal year 2025-26. The act authorizes the office to accept gifts, grants, or donations for crediting to the fund to implement the act. The act authorizes the office, in the governor's discretion, to hire and employ personnel or retain contractors for purposes related to federal government actions that impact federal disbursements, grants, contracts, or money received by or transferred to the state. The office may also reimburse the department of law for costs associated with special assistant attorneys general who are contracted for the purposes of providing legal services: To state officers or employees related to legal proceedings, inquiries, hearings, or investigations initiated, pursued, or threatened by the federal government; or For the criminal defense of state officers or employees in legal actions arising out of their official acts or decisions. The office may also incur other expenditures covered by the fund that are consistent with the purposes of the act, as determined by the governor, including expenditures to preserve and protect state sovereignty or federal funding streams that benefit the state. (Note: This summary applies to this bill as enacted.)

The act authorizes the state treasurer to invest up to $50 million of state money in bonds, which may have below-market interest rates, that are issued by a quasi-governmental authority to create or finance new affordable, income-restricted for-sale housing that would not be made available at similar rates and terms without the state's investment. The housing must remain affordable long-term and be available to borrowers earning no more than 140% of the statewide area median income. The bonds may have a term of up to 45 years and must have at least 2 credit ratings at or above A- or A3 or its equivalent from nationally recognized rating organizations. Money from principal proceeds of such bonds must be reinvested by the state treasurer for the same purpose once the state treasurer has received repayment of 50% of the principal amount invested. The quasi-governmental authority issuing the bonds shall provide an annual report to the treasurer and the general assembly that includes specified information about the affordable housing created with bond proceeds. (Note: This summary applies to this bill as enacted.)

Individuals applying for hunting or fishing licenses in Colorado must also purchase a Colorado wildlife habitat stamp. The division of parks and wildlife in the department of natural resources uses the money collected from the Colorado wildlife habitat stamp for the benefit of wildlife habitat or access to wildlife habitat in the state. The Colorado wildlife habitat stamp program (program) is scheduled to repeal, subject to a sunset review by the department of regulatory agencies, on July 1, 2027. The act continues the program indefinitely. (Note: This summary applies to this bill as enacted.)

The act appropriates the following amounts for the 2025-26 state fiscal year from the Colorado water conservation board (CWCB) construction fund to the CWCB or the division of water resources in the department of natural resources for the following projects: Continuation of the satellite monitoring system, $380,000 (section 1 of the act); Continuation of the floodplain map modernization program, $500,000 (section 2); Continuation of the weather modification permitting program, $500,000 (section 3); Continuation of the Colorado Mesonet project, $200,000 (section 5); Continuation of the water forecasting partnership project, $2,000,000 (section 6); Continuation of the Arkansas river decision support program, $300,000 (section 7); Continuation of technical assistance for the federal irrigation improvement cost-sharing program, $500,000 (section 8); Decision support systems model enhancements to support the Colorado water plan, $1,000,000 (section 9); Support for the basin implementation plan analysis and updates, $4,500,000 (section 10); Continuation of the Colorado watershed restoration and wildfire ready watershed programs, $5,000,000 (section 11); Support for a statewide turf analysis, $1,400,000 (section 12); Support for the Yampa river and Walton creek confluence restoration project, $2,000,000 (section 14); and Support for the south fork focus zone irrigated acreage retirement, $6,000,000 (section 15). Section 4 directs the state treasurer to transfer up to $2,000,000 from the CWCB construction fund to the CWCB litigation fund on July 1, 2025. Section 13 directs the state treasurer to transfer $500,000 from the CWCB construction fund to the plant health, pest control, and environmental protection cash fund on July 1, 2025, and makes an appropriation of that amount to the department of agriculture for use by the conservation services division for the Colorado soil health program. Section 16 authorizes the CWCB to make a loan in an amount of $12,978,500 from the severance tax perpetual base fund to the North Poudre Irrigation Company to support the park creek expansion project. Section 17 appropriates $29,200,000 from the water plan implementation cash fund to the CWCB to award grants that will help implement the state water plan. Sections 18, 19, 20, and 21 eliminate the office of water conservation under the CWCB and the water efficiency grant program, transfer remaining money from the water efficiency grant program cash fund to the severance tax perpetual base fund, and make conforming amendments accordingly. Current law authorizes the governor to appoint a director of compact negotiations. Section 22 states that the governor or the executive director of the department of natural resources shall appoint the director of compact negotiations within 30 days after a vacancy of the position. (Note: This summary applies to this bill as enacted.)

The act creates a permit that is issued by the department of transportation (department). The permit authorizes the holder to, for a fee, install or remove tire chains or alternate traction devices at a location designated in the permit. The department may place conditions on the permit concerning the safe and orderly movement of traffic. The department is instructed to avoid issuing permits in a manner that creates a monopoly-type situation for a permit holder at a specific location. The department may charge a fee to issue a permit to an applicant. The fee must be set in an amount to offset the direct and indirect costs of issuing these permits. The department will adopt rules to implement the act. The rules must include: The procedures for issuing a permit, the procedures for revoking a permit, and the qualifications to be issued a permit; and A requirement that the individuals installing tire chains or alternate traction devices wear reflective clothing and use appropriate signs and traffic control devices. A rental car company is required to notify its car renters of the requirements of and penalties for violating the chain law. Colorado law already authorizes the department to close roads during winter weather conditions unless a motor vehicle meets traction equipment requirements. The act also authorizes a 4-wheel-drive vehicle with tires that are imprinted by a manufacturer with a mountain-snowflake, "M&S", "M+S", or "M/S" symbol or that are all-weather rated by the manufacturer to travel on roads that the department restricts for winter weather conditions. (Note: This summary applies to this bill as enacted.)

As approved by voters in 2019, a tax of 10% is imposed on net sports betting proceeds. For the purpose of calculating its net sports betting proceeds, a sports betting operator or internet sports betting operator (sports betting operator) has been allowed to deduct all payments to players, all federal excise taxes paid, and a certain percentage of free bets placed by players as follows: Between July 1, 2025, and June 30, 2026, no more than 2% of total free bets placed each month; and On and after July 1, 2026, no more than 1.75% of total free bets placed each month. The act alters the percentage of free bets that a sports betting operator is allowed to deduct so that: Between July 1, 2025, and December 31, 2025, no more than 2% of total free bets placed each month may be deducted; and Between January 1, 2026, and June 30, 2026, no more than 1% of total free bets placed each month may be deducted. Beginning on July 1, 2026, the act removes the deduction for all free bets placed. For the 2025-2026 state fiscal year, $17,135 is appropriated from the sports betting fund to the department of revenue for personal services and tax administration IT system support. (Note: This summary applies to this bill as enacted.)

The act creates the future of severance taxes and water funding task force (task force). The department of natural resources is required to contract with a third party to conduct a study on severance taxes and water funding and develop recommendations for ways to continue funding water needs and energy impact grants in the face of decreasing severance tax revenue (study). The study must focus on identifying ways to alleviate the need to transfer revenues derived from severance taxes to the general fund and to replace severance tax revenue that was previously transferred to the general fund. The purpose of the task force is to work with the third party to conduct the study and develop recommendations. No later than January 15, 2026, the third party must submit a draft report, detailing the results of the study and any recommendations, to the department of natural resources and the task force for review. The task force is required to provide input on the draft report. No later than July 15, 2026, the third party must submit a final report, which incorporates the input of the task force, to the water resources and agriculture review committee (committee). The task force must present the final report to the committee during the 2026 legislative interim. The act changes the manner in which a credit allowed against severance tax in taxable years commencing January 1, 2026, but prior to January 1, 2028, is calculated. For the 2025-26 state fiscal year, $198,592 is appropriated from the severance tax operational fund to the department of natural resources to implement the act. (Note: This summary applies to this bill as enacted.)

The act requires hospitals, freestanding emergency departments, and licensed health-care facilities that hold themselves out to the public as providing emergency care (facility) to provide emergency medical services to a person who presents to the facility when the person requests or a request is made on the person's behalf for emergency medical services. For each person who presents to a facility and requests emergency medical services or for each request made on the person's behalf for emergency medical services, the act requires the facility to input into a central log whether the person refused treatment or was denied treatment; whether no treatment was required; or whether the person was transferred, admitted and treated, stabilized and transferred, or discharged. The act prohibits a facility from: Denying or discriminating in providing emergency medical services to a patient for a discriminatory or unlawful reason; Penalizing or taking adverse action against a health-care provider for refusing to transfer a patient with an emergency medical condition that has not been stabilized; Delaying providing emergency medical services to a person in order to inquire about the person's ability to pay for the services; and Transferring or discharging a patient with an emergency medical condition unless certain conditions are met. A facility or health-care provider does not violate the act's requirements if certain conditions are met. The act authorizes the department of public health and environment to investigate a facility that negligently violates the requirements of the act. A physician who negligently violates the act engages in unprofessional conduct and is subject to professional discipline. If a civil monetary penalty is imposed, the act requires the maximum civil monetary penalty to be reduced by any civil monetary penalty imposed pursuant to the federal "Emergency Medical Treatment and Active Labor Act" for the same violation. The act appropriates $82,768 from the health facilities general licensure cash fund to the department of public health and environment for use by the health facilities and emergency medical services division. (Note: This summary applies to this bill as enacted.)

The bill requires the safe2tell program (safe2tell) to provide a handle-with-care notice to a school when a student has had an adverse childhood experience beginning with the 2026-27 school year, for students enrolled in a school in a small rural school district; beginning with the 2027-28 school year, for students enrolled in a small rural school district or a large rural school district; and beginning with the 2028-29 school year, for students enrolled in any school statewide. A peace officer who responds to an incident that is an adverse childhood experience shall may report to safe2tell the name and age of the child involved in the incident or provide information to the child's parent or guardian about how to inform the school through safe2tell . Upon receipt of a report, safe2tell shall send a handle-with-care notice to the child's school that includes only the child's name and the phrase "handle with care". A school shall only share the notice with school staff who need to know about the notice. Other than notifying school staff, a school is not required to take any action with respect to the notice. The bill expressly includes personal data as a "material" for the purposes of safe2tell. (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 makes the following changes for the purpose of improving the performance of the regional transportation district (RTD): Authorizes RTD to enter into a service partnership agreement with a local government, institution of higher education, business or housing entity, or special district to expand services within RTD's service territory or beyond the boundaries of RTD as authorized by law; Requires RTD, in discharging its responsibilities, to: Align with statewide greenhouse gas reduction targets, "Transportation Vision 2035" goals, and mode choice targets; Create worker retention goals; Adhere to the requirements of "General Directive 24-1: Required Actions Regarding Assaults on Transit Workers", issued on September 25, 2024, by the federal transit administration of the United States department of transportation; and Develop performance measures to evaluate its progress in aligning with state climate goals and achieving its worker retention goals; Requires RTD to report to the transportation legislation review committee (TLRC) on or before December 15, 2025, on RTD's 5-year financial forecast, debt capacity, and use of agency reserve accounts; Requires RTD, in coordination with the department of transportation, the Denver regional council of governments, and local governments within RTD's service territory, to create a 10-year strategic plan no later than September 30, 2026, and a comprehensive operational analysis no less frequently than every 5 years beginning on April 10, 2026, and to report quarterly to the RTD board of directors regarding the plan and analysis. RTD is also required to annually report to the TLRC on its progress in delivering the projects identified in the 10-year strategic plan and the comprehensive operational analysis. Requires RTD, in conjunction with the creation of its 10-year strategic plan, to study or contract with a third party to study and identify opportunities to increase funding to achieve the goals, measures, and targets identified in the 10-year strategic plan; Requires RTD to create, maintain, and publish on its website information and dashboards related to capital projects, ridership and service information, planned service changes, workforce statistics, and transit safety; Requires RTD to update its service policies and standards, its equitable transit-oriented development policy, and its service buy-up policy, to create specific communication protocols, and to implement parking and transportation demand management strategies and policies; Requires RTD to report to the governor, general assembly, the TLRC, and the RTD board by December 2025 on its work to achieve the transportation expansion routes identified in the transportation expansion plan, including the north lines. If RTD has not completed and begun service by January 1, 2029, on the fixed guideway mass transit system proposed in the transportation expansion plan, RTD is required to report to the governor and the transportation committees of the general assembly every 6 months until service begins. Requires RTD to periodically notify the Denver regional council of governments and the department of local affairs of any known infrastructure gaps that exist within a transit center of a transit-oriented community within RTD's service territory; Requires RTD to modernize, advertise, and conduct outreach about its EcoPass programs and to report to the transportation committees of the general assembly about its efforts; Clarifies the powers and duties of the RTD board of directors; and Prohibits write-in candidates for the RTD board of directors. The act also requires other entities to analyze opportunities for the improvement of transit services by: Requiring certain residential and mixed-use developments to survey their residents about their interest in having the development provide annual pre-paid RTD transit passes via the EcoPass program, if the development does not already provide bulk-purchased EcoPasses. If a majority of residents express interest in bulk-purchased EcoPasses, the development is required to enroll in the EcoPass program for its residents. Requiring the transportation commission, on or before March 31, 2026, to develop and publish best practices and technical assistance materials concerning the creation of regional transportation authorities to increase funding for transit and to provide additional transit services within the state; and Creating an RTD accountability committee within the Colorado energy office that consists of 15 appointed members, including 14 voting members and one ex officio nonvoting member, whose work is intended to build upon the work of the previous RTD accountability committee created in 2020. On or before January 30, 2026, the committee is required to provide recommendations to the transportation committees of the general assembly concerning: The governance structure and compensation of the RTD board and executive leadership; Paratransit services within RTD; The representation of local governments and state agencies within RTD; and RTD's labor and workforce standards and workforce retention. The act also makes changes to the information that an eligible entity is required to provide to the clean transit enterprise after being awarded money from the local transit operations cash fund. For the 2025-26 state fiscal year, $146,720 is appropriated from the general fund to the office of the governor for use by the Colorado energy office for program administration. (Note: This summary applies to this bill as enacted.)