The act creates the statewide equity office (office) in the department of personnel. The office is charged with providing best practices, resources, and guidance for state agencies in offering equitable services to the residents of Colorado as well as providing an accepting and diverse environment for state employees. The act outlines the duties and responsibilities of the office. For the 2022-23 state fiscal year, the act makes the following general fund appropriations: $1,793,072 to the department of personnel for use by the executive director's office, of which: $324,064 is reappropriated to the department of human services; $194,878 is reappropriated to the department of revenue; $61,845 is reappropriated to the department of regulatory agencies; and $74,990 is reappropriated to the department of health care policy and financing, which amount is based on an assumption that the department of health care policy and financing will receive $74,990 in federal funds for the act's implementation.(Note: This summary applies to this bill as enacted.)
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The act makes the following changes to health insurance coverage for low-income pregnant people and children in low-income families: Provides full health insurance coverage for Colorado pregnant people who would be eligible for medicaid and the children's basic health plan (CHIP) if not for their immigration status and continues that coverage for 12 months postpartum at the CHIP federal matching rate; Provides comprehensive health insurance coverage for all Colorado children who would be eligible for medicaid and CHIP if not for their immigration status; Requires the state department of health care policy and financing (department) to create an outreach and enrollment strategy for enrolling eligible groups into new coverage options; Requires the department to report to the joint budget committee in its 2024 presentation, as well as in its "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" reports, beginning in January 2026, information concerning the state-funded health and medical care program, the state children's basic health plan, and its plans and progress in implementing the coverage expansion for lawfully residing persons; Allows the state controller to allow the department to make an expenditure in excess of the amount authorized if the amount is for the state medical assistance program or the state children's basic health plan; Provides comprehensive lactation support services, lactation supplies and equipment, and maintenance of multi-use loaned equipment. Removes the annual enrollment fee for a family whose income is at or below one hundred fifty percent of the federal poverty line or an enrollee who is a pregnant person. Draws down federal funds to improve perinatal and postpartum support and requires that priorities for the funds be determined through a stakeholder process; Creates a special enrollment period for health insurance coverage due to pregnancy so that an eligible person can sign up for insurance as soon as the person becomes pregnant; and Improves the quality of health insurance coverage available through the health insurance affordability enterprise. For the 2022-23 state fiscal year, the following appropriations are made for the purpose of implementing this act: $730,573 is appropriated to the department of health care policy and financing from the general fund; $423,626 is appropriated to the department of public health and environment from the general fund for use by the center for health and environmental information; The 2022 long bill cash funds appropriation from the children's basic health plan trust for children's basic health plan medical and dental costs was decreased by $340,727; The 2022 long bill cash funds appropriation from the healthcare affordability and sustainability fee cash fund for children's basic health plan medical and dental costs was decreased by $564,678; The 2022 long bill appropriation to the department of health care policy and financing from the general fund for children's basic health plan medical and dental costs was increased by $144,229; and The 2022 long bill was adjusted as a result of an assumption by the general assembly that the department of health care policy and financing will receive $761,176 in federal funds for children's basic health plan medical and dental costs to implement this act.(Note: This summary applies to this bill as enacted.)
Beginning July 1, 2022, the act requires the department of human services to work in partnership with counties towards implementation of a high-quality county work management system across all counties to interface with the Colorado benefits management system used to process and approve applications for essential state public assistance programs, such as the supplemental nutrition assistance program (SNAP), medicaid, and Colorado works. Eligibility and enrollment for SNAP and LEAP are integrated to increase access and efficiency. A community food access program (food program) is created in the department of agriculture (department). The purpose of the food program is to improve access to and lower prices for healthy foods in low-income and underserved areas of the state by supporting small food retailers. As part of the food program, the department shall create a community food consortium (consortium) for small food retailers and Colorado-owned and Colorado-operated farms. The small food business recovery and resilience grant program (grant program) is established, to be overseen by the food program. An advisory committee is established to assist the department with the grant program. One-time grants not to exceed $25,000 will be provided to small food retailers to help support infrastructure and other necessary items to make fresh, healthy food more accessible to low-income and underserved communities. The department is granted authority to promulgate rules as necessary to implement the food program. The department shall develop a strategy for outreach to Colorado-owned and Colorado-operated farms, food retailers, and small farms that are interested in participating in the consortium or grant program. The food program is repealed, effective September 1, 2027. For the 2022-23 state fiscal year, the following appropriations are made from the economic recovery and relief cash fund: $3 million to the department of human services for use by administration and finance for IT systems interoperability; $2 million to the department of human services for use by the office of economic security for fuel assistance payments related to food and energy assistance; $1 million to the department of human services for use by the office of economic security for electronic benefits transfer programming related to food and energy assistance; $1 million to the department of agriculture to implement the community food access program; and $7 million to the department of agriculture to implement the small food business recovery and resilience grant program and outreach.(Note: This summary applies to this bill as enacted.)
The act creates a new program to regulate a subset of air pollutants, referred to as "toxic air contaminants", which are defined as hazardous air pollutants, covered air toxics, and all other air pollutants that the air quality control commission (commission) designates as a toxic air contaminant. In implementing the program, the commission has the authority to adopt rules that are more stringent than the corresponding requirements of the federal "Clean Air Act". The division of administration (division) in the department of public health and environment (department) will publish an initial list of toxic air contaminants by October 1, 2022. Beginning no later than September 30, 2030, and at least every 5 years thereafter, the commission will review the list of existing toxic air contaminants and determine whether to designate any additional air pollutants as toxic air contaminants. On or before June 30 of each year, beginning on June 30, 2024, owners and operators of certain sources of pollution will submit to the division, and the division will make available to the public, an annual toxic emissions report that reports the levels of toxic air contaminants that were emitted by the source in the preceding calendar year, beginning with January 1, 2023, to December 31, 2023. The division will also conduct a study and prepare a report for the commission on the types of information reported to the division regarding toxic air contaminants, and, no later than April 30, 2025, the commission may require additional types of information to be included in annual toxic emissions reports submitted for calendar year 2025 and each calendar year thereafter. Beginning no later than January 1, 2024, the division will develop a monitoring program to determine the concentration of toxic air contaminants in the ambient air of the state. The monitoring program will establish at least 6 long-term monitoring sites covering urban and rural areas of the state. No later than July 1, 2025, and by July 1 of each year thereafter, the division will provide public notice of and an opportunity to comment on the monitoring program. On or before October 1, 2025, and by each October 1 thereafter, the division will prepare a report summarizing the findings of the monitoring program, post the report on its website, and submit the report to the general assembly. The division will also report on the need for any additional monitoring sites during the hearings held pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" prior to the 2027 legislative session. No later than April 30, 2025, the commission will identify by rule up to 5 toxic air contaminants that may pose a risk of harm to public health (priority toxic air contaminants). No later than April 30, 2026, the commission will propose health-based standards for priority toxic air contaminants for approval by the general assembly. On or before September 30, 2029, and at least once every 5 years thereafter, the commission will: Determine whether to identify any additional priority toxic air contaminants; Determine whether to propose revisions to the general assembly to any existing health-based standards; and No more than 12 months after identifying any additional priority toxic air contaminants, propose to the general assembly health-based standards for any additional priority toxic air contaminants. No later than April 30, 2026, the commission will adopt emission control regulations to reduce emissions of each priority toxic air contaminant. For new emission sources of priority toxic air contaminants, the commission will adopt more stringent emission control regulations than those adopted for existing emission sources of priority toxic air contaminants. No later than September 30, 2030, and at least once every 5 years thereafter, the commission will: Adopt emission control regulations for any additional priority toxic air contaminants identified by the commission; and Determine whether to revise existing emission control regulations. No later than December 31, 2025, the division will conduct an assessment to determine the needs of the division to administer an air permitting program to regulate new, modified, and existing stationary sources that emit priority toxic air contaminants. The division will provide public notice and hold at least 2 public meetings at which members of the public have an opportunity to comment on the assessment. The division will report on the assessment during the hearings held pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" prior to the 2026 legislative session. For the 2022-2023 state fiscal year,$3,135,853 is appropriated from the general fund to the department to implement the act, of which: $73,928 is reappropriated to the department of law to provide legal services to the department; and $597,228 is reappropriated to the office of the governor for use by the office of information technology to provide information technology services to the department.(Note: This summary applies to this bill as enacted.)
The act creates the healthy school meals for all program (program) in the department of education (department) to: Reimburse school food authorities that choose to participate in the program (participating school food authorities) for free meals provided to students who are not eligible for free or reduced-price meals under the federal school meals programs; Provide local food purchasing grants to eligible participating school food authorities; Provide funding to participating school food authorities to increase the wages or provide stipends for individuals employed to prepare and serve food; and Provide assistance to participating school food authorities through the local school food purchasing technical assistance and education grant program. A participating school food authority must: Provide free meals to all students enrolled in the public schools that the participating school food authority serves and that participate in the national school lunch program or national school breakfast program; Provide to the department annual notice of participation; and Maximize the amount of federal reimbursement by participating in the federal community eligibility provision to identify students who are eligible for the federal school meals programs. The portion of the program that provides reimbursement for school meals begins operating in the 2023-24 budget year. The remaining portions of the program begin operating in the first full budget year after the state of Colorado begins participating in the federal demonstration project to use medicaid eligibility to identify students who are eligible for the federal school meals programs (demonstration project). The act requires the department to participate in the federal community eligibility provision for the state as a whole, if that option is available, and apply to participate in the demonstration project. The amount of reimbursement distributed pursuant to the program is equal to the federal free reimbursement rate multiplied by the total number of meals served minus any other federal or state reimbursement the school food authority receives for providing meals. Under the act, a participating school food authority that creates a parent and student committee to advise on food purchasing (advisory committee) is eligible to receive a local food purchasing grant (grant) to purchase Colorado grown, raised, or processed products for school meals. The act establishes the amount of the grants, limits on how the grant money may be spent, and the required membership of the advisory committee. The department must annually review a sample of the invoices for purchases made using grant money to ensure compliance with purchasing requirements. The act creates the local school food purchasing technical assistance and education grant program (grant program) under which a statewide nonprofit organization distributes grants to promote the purchase of Colorado grown, raised, or processed products by participating school food authorities and to assist participating school food authorities in preparing meals using basic ingredients rather than processed products. The nonprofit organization must report annually to the department concerning implementation of the grant program. The department must submit to committees of the general assembly a biennial report concerning implementation of the program. The department must contract with an independent auditor to conduct a biennial financial and performance audit of the program. The report and the audit must include implementation of the program, implementation of the local food purchasing grants, use of the additional amount for increasing wages or providing stipends, and implementation of the grant program. Current law limits state income tax itemized deductions for taxpayers who have federal adjusted gross income of $400,000 or more to $30,000 for single filers and $60,000 for joint filers. The act applies the limit to both itemized and standard income tax deductions for taxpayers who have federal adjusted gross income of $300,000 or more and lowers the limit to $12,000 for single filers and $16,000 for joint filers. The amount of revenue generated by the changes to the limit must be appropriated to fund the program. If the program is repealed, the changes to the limit no longer apply. The act directs the general assembly to appropriate annually the amount necessary to implement the program, including a specified amount for the grant program. The act takes effect only if it is approved by the voters at the November 2022 general election. This approval is a voter-approved revenue change that allows the state to retain and spend all revenue generated by the changes to the limit on state income tax deductions. (Note: This summary applies to this bill as enacted.)
Under current law, when a defendant is detained in jail on a municipal hold, the defendant must receive a hearing before the municipal court within 2 calendar days, excluding Sundays and federal holidays. Beginning January 1, 2023, the act requires the hearing to be held within 48 hours after the municipal court receives notice that the defendant is being held solely on a municipal hold. The act makes clarifying changes to the district attorney assistance for bond hearings grant program and repeals the district attorney assistance for bond hearings cash fund. The act decreases the 2022 long bill appropriation to the district attorney assistance for bond hearing cash fund by $600,000 and appropriates in the 2022 long bill $600,000 to the department of law for district attorney bond hearing grants. The act repeals the 2021 $150,000 appropriation to the district attorney assistance for bond hearing cash fund and appropriates for the 2021-22 fiscal year $150,000 to the department of law for district attorney bond hearing grants. (Note: This summary applies to this bill as enacted.)
The act requires new and amended state statutes that enumerate or define local government entities or agencies that are eligible for state grant or benefit programs to also designate tribal nations with jurisdiction in Colorado as eligible recipients if legal and appropriate. The legislative council staff is required to submit a report to the legislative council by December 1, 2022, identifying state grant programs in statute and whether those programs include tribal governments as eligible recipients. The office of the Colorado commission on Indian affairs is required, in consultation with the Ute Mountain Ute Tribe and the Southern Ute Indian Tribe, to submit a report to the legislative council by March 1, 2023, identifying opportunities for tribal governments to be included in the operations or programs of the state as a partner, assessing whether the Colorado commission on Indian affairs can facilitate or provide those opportunities, and recommending other ways for the state to facilitate or provide those opportunities. (Note: This summary applies to this bill as enacted.)
The bill establishes the delinquency prevention and young offender intervention pilot grant program (program) in the division of criminal justice (division) within the department of public safety (department). The program awards 2-year grants to local governments, American Indian tribes, school districts and charter schools, and nonprofit organizations to fund projects to reduce crime among youth. Preference is given to applicants whose projects demonstrate a community-based response in which multiple agencies community-based partners coordinate to reduce crime among youth and those in areas with high rates of crime among youth involvement in the juvenile justice system . The division administers the program. The juvenile justice and delinquency prevention council serves as an advisory board for the program. The program is a 2-year pilot program. The bill requires the general assembly to appropriate $2.1 million for the program in each of the next 2 fiscal years. The division provides annual reports to the general assembly about the program. In its hearing pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" for the 2024 legislative session, the department shall report on the program and make a recommendation of whether to continue the program. (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 establishes the behavioral health-care continuum gap grant program in the behavioral health administration (BHA). The BHA administers the grant program. As part of the behavioral health-care continuum gap grant program, the BHA may award community investment grants to support services along the continuum of behavioral health-care and children, youth, and family services grants to expand youth-oriented and family-oriented behavioral health-care services. A community-based organization, local government, federally recognized Indian tribe, or nonprofit organization is eligible for a community investment grant. A community-based organization, local government, federally recognized Indian tribe, local collaborative management program, judicial district juvenile services planning committee, or nonprofit organization is eligible for a children, youth, and family services grant. The BHA must develop a behavioral health-care services assessment tool that behavioral health-care continuum gap grant program applicants can use to identify regional gaps in behavioral health and substance use disorder services, underserved populations, and unmet behavioral health needs. In awarding grants, the BHA shall give preference to applicants providing a service that addresses a gap in services identified with the BHA's assessment tool or a county, regional, or community assessment tool. In order to receive a community behavioral health-care continuum gap grant, an applicant must offer a monetary contribution or in-kind contributions that directly support the behavioral health-care services provided with the grant award. The BHA may waive the monetary or in-kind contribution requirement for applicants requesting a grant of less than $50,000. Each grant recipient must report to the BHA about its use of the grant award. The state department of human services must include information about the grant program in its annual "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing. The act establishes the substance use workforce stability grant program in the BHA. A substance use disorder treatment provider, a recovery provider, and local governments are eligible for a grant. In order to receive a grant, a provider must prioritize providing services to voluntary and civil clients. The BHA shall prioritize awarding grants to providers that offer same-day or next-day appointments, serve low-income and marginalized populations, or intend to expand the number of individuals they serve. A grant recipient shall use a grant award to support direct care staff who spend 50% or more of their time working with clients. The act appropriates $75 million from the behavioral and mental health cash fund to the state department for the behavioral health-care continuum gap grant program and $15 million from the behavioral and mental health cash fund to the state department for the substance use workforce stability grant program. (Note: This summary applies to this bill as enacted.)
The bill prohibits a law enforcement officer or an agent who assists, cooperates with, or otherwise facilitates a custodial interrogation ( interrogation) with a juvenile (law enforcement official) from using deception and false facts or beliefs (deception) to obtain a statement or admission from the juvenile. Any statement or admission obtained during the course of a juvenile custodial interrogation in which a law enforcement official knowingly uses deception is presumptively inadmissible against the juvenile in an evidentiary hearing unless the prosecution proves by clear and convincing evidence that the statement or admission was made voluntarily. The bill requires law enforcement officials to electronically record all juvenile custodial interrogations.The bill instructs the P.O.S.T. board to develop an in-person interactive training program for peace officers on the uniform standards regarding interrogations of juveniles. The training must provide education for peace officers on juvenile development and culture and its impact on interrogations; interpreting juvenile behavior during an interrogation; techniques for building and establishing rapport during an interrogation; constructing age appropriate questions; and cautions and considerations for interrogating juveniles in custody. (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.)