Rep. Naquetta Ricks

The division of housing in the department of local affairs (division) administers an affordable home ownership program (program) that makes grants to nonprofit organizations, local governments, community development financial institutions, and community land trusts (eligible organizations) and tribal governments to support affordable home ownership, including the development of residential housing units that are described in an eligible organization's funding request (project). Current law specifies that only a household with an income less than or equal to 120% of the area median income is eligible for assistance through the program, but it is unclear whether this requirement applies to housing units constructed by an eligible organization through one of its projects. The act clarifies that only a household with an income less than or equal to either 120% of the area median income of households of that size in the jurisdiction of a local government in which the households are located, or 120% of the statewide area median income of households of that size, is eligible for housing constructed by an eligible organization through one of its projects.     In addition, the act requires the program to offer housing that costs not more than 38% of a household's monthly income unless the ownership program is providing a homeowner with assistance for home rehabilitation.     The act also requires the program to offer grants and loans to groups or associations of mobile home owners and their assignees to support affordable homeownership for households with income less than or equal to 120% of the area median income of households of that size in the territory or jurisdiction of the local government in which the households are located, and specifies that the monthly housing payment must not cost more than 35% of the monthly household income. The act allows the division to modify the maximum percentage of income that a household may allocate pursuant to the program as applied to a residential unit constructed by an eligible organization as part of an affordable housing project pursuant to a waiver process initiated by an eligible organization if a substantial need for housing the project's target population exists, the unit has been adequately marketed to eligible buyers for purchase for at least 6 months after final completion of the unit, and the unit has not been purchased by an eligible buyer within that 6-month period.     For grants from the program to support tribal government programs, the tribe is responsible for establishing limitations on household income and maximum percentage of income that a household may allocate for monthly housing costs and a tribal affordability mechanism in lieu of any state-prescribed use covenant. The tribe shall submit evidence to the division that it has satisfied these requirements but is not required to disclose confidential tribal data, including the specific limitations or mechanisms it sets.     The division also administers a land banking program (land banking program) that makes grants to local and tribal governments and loans to nonprofits to acquire and preserve land for the development of affordable housing. For grants made to local governments or loans to nonprofits, the development of affordable housing includes rental housing projects with an imputed income limit by household size not to exceed 60% of area median income. Regulated units in the project must have a gross rent limit that does not exceed 30% of the imputed income limitation applicable to the units. Current law requires that a project provide for-sale housing that may be purchased by a household with an annual income of 100% of area median income. The act changes the income limit to 120% of area median income. For land banking program grants to support tribal government programs, the tribe is required to establish income limits by household size and gross rent limits and is not required to use the limits otherwise required for eligible organizations. The tribal government is required to submit evidence that it has established income and gross rent limits but is not required to disclose confidential tribal data, including what the specific limitations are.     The division may issue a waiver with housing cost limits that are different from those requested by an eligible organization if different housing cost limits would better serve needs identified in the community, the project remains financially feasible, and there are eligible buyers that meet the division's requirements. Alternatively, the division may modify the total amount of funding to account for an increase in the sales price of the unit. In lieu of this process, the division may approve an eligible organization's process for determining when to exceed the maximum monthly household income for a unit funded by the program, which shall not require a 6-month marketing period.     The division may allow an eligible organization to rent residential units constructed as part of the project. On or before December 31, 2026, the division is required to issue guidance for when units within a project may be rented and develop a process by which rented units may return to the for-sale market. A homeowner may rent a unit funded by the ownership program as long as the unit remains their primary residence.(Note: This summary applies to this bill as enacted.)

The act makes the following changes to statutes concerning accessible housing standards:Defines 'accessible story' as a story on an accessible route that contains living, sleeping, cooking, bathing, and toilet facilities and, if available in the dwelling unit, laundry facilities. A basement is not an 'accessible story' if the basement floor is located more than 4 feet below the exterior finished grade, which is determined by assessing the vertical difference at any point along the exposed periphery of the dwelling unit.Defines 'dwelling unit' as any portion of a building that contains living facilities, including a room or rooms in a living facility that have shared cooking, bathing, toilet, or laundry facilities, such as dormitories, shelters, assisted living facilities, and boarding homes. 'Dwelling unit' also means living facilities that include provisions for sleeping, cooking, bathing, and toilet facilities for one or more persons and that are used for extended stays, such as time-shares and extended-stay motels. 'Dwelling unit' does not mean a guest room in a motel or hotel.Defines 'ICC A117.1' as the 'Standard for Accessible and Usable Buildings and Facilities' 2017 edition, or any successor standard, as adopted by reference by the building code of the responsible enforcement agency;Clarifies that 'Type A' and 'Type B multistory dwelling units' must include at least one accessible story that can be accessed via an accessible entrance; Requires projects with fewer than 50 units may use any combination of accessible dwelling units to comply with the standards; Requires projects with 50 or more units to include at least 2% accessible dwelling units, and that they must include at least on unit that is either a 'Type A', 'Type B', 'Type A Multistory', 'Type B Multistory', or 'Type C visitable' dwelling unit; andPermits covered enforcing agencies to develop alternative processes to resolve appeals of orders, decisions, or determinations made by the enforcing agency regarding the application and interpretation of the standards for accessible housing law.(Note: This summary applies to this bill as enacted.)

The act requires measures to improve equity in maternal health, including:Requiring the Colorado medical board to consider, as part of its stakeholder process for continuing medical education, a requirement that a physician complete continuing medical education on cultural competence and equity in maternal care;Requiring the state board of nursing rules relating to continuing education to include rules relating to health-care provider attention to cultural competence and equity in providing health-care services;Authorizing the department of public health and environment (CDPHE), subject to available appropriations, to provide a health survey to additional birthing parents, beyond those currently surveyed, and to compile the data if surveyed;Requiring a health facility that provides labor and childbirth services to make available to a birthing parent and a birthing parent's companion, electronically or in writing, a statement on respectful labor and childbirth regarding rights and components, including freedom from harm, privacy and confidentiality, informed consent, and allowing a birthing parent to have a birthing companion present at the birth, and to make available information, including telephone contact information, for the appropriate state or federal agency to receive a complaint alleging discrimination in labor and childbirth services;Subject to available federal grant funding for the maternal health task force (task force) established by CDPHE, ensuring that the maternal health task force includes at least one advocate representing populations with the worst maternal mortality outcomes in the state; andBeginning October 1, 2026, with respect to CDPHE's Colorado maternal mortality review committee, changing the reporting to the general assembly every 3 years concerning maternal health outcomes and equity from July to October and requiring the reporting of certain maternal health outcomes for populations known to have the worst maternal mortality outcomes in the state.(Note: This summary applies to this bill as enacted.)

Under current law, courts may not assess or collect administrative fees, costs, and surcharges in juvenile delinquency cases involving a juvenile under the jurisdiction of the juvenile court when a juvenile has been charged with or adjudicated of certain crimes. The act adds that courts or the state is prohibited from assessing or collecting administrative fees, costs, and surcharges assessed against a juvenile or the juvenile's parents, guardian, or legal custodian when the juvenile was under 18 years old when the crime was committed.(Note: This summary applies to this bill as enacted.)

The act prohibits a person who possesses a record or report (record) of child abuse or neglect from releasing identifying data or information contained in the record to a person who is not authorized to receive the information or data.     The act clarifies what constitutes identifying data in a record. The act adds an assigned designee of a person named in a record who is acting on the person's behalf as a person who may have access to child abuse or neglect records if the assigned designee presents a valid release of information signed by an authorized person.     The act allows a person named in a record as an alleged abused or neglected child who is in possession of a record in which they are named or, with the person's consent, the person's attorney or guardian ad litem, to disclose and make use of the record, including for the purpose of litigation or to obtain treatment or services. Except as expressly authorized in law, a criminal defendant may only access a record after an in camera review by the court in which the court finds that access to the record is necessary for the resolution of an issue.     The act requires each county department of human or social services to establish and submit to the state department of human services a process current and former clients may use to obtain access to their case records.     The act repeals the penalties associated with a person who improperly releases or willfully permits or encourages the release of data or information contained in the records to a person not permitted to access the information and makes it a petty offense for the department of education or a school district, charter school, or nonpublic school to release data or information contained in a record to a person not permitted to access the information.(Note: This summary applies to this bill as enacted.)

The water quality control division (division) administers a program to test for and remediate water quality issues for mobile home parks (program). The program tests for water quality issues that pose a risk to not only health or safety but also the welfare of park residents. The act authorizes the division to require remediation of welfare-related water quality violations.     One of the requirements of the program is for the park owner to certify that the park owner has made certain water-quality-related notices to park residents. The act authorizes the division to issue an order requiring the park owner to comply with the park resident notice certification requirement.     Under the program, the park owner is prohibited from imposing the cost of compliance with certain remediation-related requirements on park residents. The act authorizes a park owner who is also a park resident to bear this cost.     The program authorizes the division to issue orders requiring the park owner to perform additional water testing, perform temporary measures necessary to address acute health risks, make additional reports to the division, create a remediation plan, implement a remediation plan, or respond to the division in connection with a remediation plan. The act clarifies that a park owner may ask for a hearing only regarding the orders that concern remediation plans.     The act also clarifies that:The division has authority to enforce the requirements of the program; andThe division has authority to issue cease-and-desist orders to address violations related to the program, regardless of whether the issues are related to water quality violations.     The act also provides that:An additional monthly penalty of up to $5,000 for a continuing violation may be imposed for the first 30 days of noncompliance; andA park owner is not entitled to an administrative hearing to contest an imposed civil penalty but may seek judicial review.(Note: This summary applies to this bill as enacted.)

Maddy summaryHB 1305 allows remote psychiatric inpatient facilities in Colorado to operate under a main hospital's general license instead of needing separate psychiatric hospital licensing, provided they meet specific criteria. These facilities must be located within 35 miles of a main hospital in a rural area, offer 17+ inpatient beds, meet all psychiatric hospital standards, and maintain federal provider-based status. The main hospital remains responsible for all licensing enforcement actions related to the remote location, and the facility must pay a separate licensing fee. This change aims to streamline operations while maintaining regulatory oversight through the main hospital's license.

Beginning July 1, 2027, the act requires municipal jails to comply with existing jail data collection requirements, standards, and oversight.     The act requires a keeper of a municipal jail to release a pregnant person charged with a violation of a municipal ordinance from custody if jail staff have a reasonable belief the person is in labor unless remaining in custody is necessary for the health or welfare of the person. If the pregnant person in labor is not released, the use of restraints is prohibited during the labor, delivery, and postpartum recovery, and the jail staff shall make a written record that the labor, delivery, and postpartum recovery occurred at the jail and record the reason the pregnant person was not released from custody.     The act requires council members of a city that has a city jail to examine the jail's management and sufficiency at least once a year and allows the attorney general to conduct assessments of municipal jails to identify gaps and deficiencies based on the jail standards.     The act adds a nonvoting member who represents a municipality to the jail standards advisory committee.(Note: This summary applies to this bill as enacted.)

Current law prohibits a landlord from requiring a tenant to submit a security deposit in an amount that exceeds 2 monthly rent payments. The act creates an exception to this prohibition for cases in which a buyer and a seller of residential real property have executed a post-closing occupancy agreement in connection with the sale. The exception takes effect January 1, 2027.(Note: This summary applies to this bill as enacted.)

Existing law allows voters to circulate a petition for a ballot question requiring a local government to engage in collective bargaining with the fire department for the local government and extend coverage of the 'Colorado Firefighter Safety Act' to firefighters employed by the local government (question). The question may be added to the ballot for any general election, as defined in the 'Colorado Firefighter Safety Act'. The act changes the definition of a general election for the purpose of determining when a question may be added to the ballot to include a coordinated election as defined in the 'Uniform Election Code of 1992'. The act also changes the definition of a general election to refer to a regular municipal election rather than a general municipal election to align the language with other municipal elections law.(Note: This summary applies to this bill as enacted.)