Rep. Jamie Jackson

The act makes the following changes to the 'Labor Peace Act':Specifies that employees' right to bargain collectively includes the right to bargain collectively concerning any mandatory subject of bargaining;Eliminates the requirement for a second election to negotiate a union security agreement clause in the collective bargaining process;Declares that it is not an unfair labor practice for an employer to refuse to agree to a lawful proposal made by the exclusive representative of the employees, or for the exclusive representative of the employees to refuse to agree to a lawful proposal made by the employer, concerning a mandatory subject of bargaining if the refusing party has bargained in good faith with the other party; andRequires employers and employees, through their exclusive representative, to bargain in good faith.(Note: This summary applies to this bill as enacted.)

The act:Increases the statewide base per pupil funding for the 2026-27 budget year by $208.60 to account for inflation;Sets a new statewide base per pupil funding amount for the 2026-27 budget year at $8,900.40; andSets the total program funding for the 2026-27 budget year at $10,178,856,871.     Under current law, there are 2 total program formulas that are used to determine a school district's total program, commonly referred to as the old formula and the new formula.     A school district's funded pupil count is a figure that is used as a part of determining a school district's total program. Under the new formula, for the 2026-27 budget year and each budget year thereafter, a school district's funded pupil count is calculated by determining the greater of the school district's pupil enrollment for the applicable budget year or the average of the district's pupil enrollment for the applicable budget year and the immediately preceding 2 budget years.     However, the act requires that when specified conditions are met, a school district's funded pupil count is the school district's online pupil enrollment for the budget year, plus the school district's supplemental kindergarten enrollment for the budget year, plus the school district's extended high school pupil enrollment for the budget year, plus the greater of:The school district's pupil enrollment for the budget year;An amount equal to 50% of the school district's pupil enrollment for the budget year, plus an amount equal to 30% of the school district's pupil enrollment for the preceding budget year, plus an amount equal to 20% of the school district's pupil enrollment for the budget year that is 2 years preceding the budget year; orAn amount equal to 97% of the school district's pupil enrollment for the preceding budget year.     A school district's cost of living factor is a figure that is used as a part of determining a school district's total program. Under the old formula and the new formula, the act requires the cost of living factor that was used for the 2025-26 budget year to apply in the 2026-27 budget year.     Under current law, for the 2026-27 budget year, a district's total program is the greater of:The district's total program amount for the 2024-25 budget year; orThe amount calculated for the 2025-26 budget year under the old formula plus an amount equal to 30% of the difference between the amounts calculated between the old formula and the new formula.     The act clarifies that for the 2026-27 budget year, if the calculation under the new formula is less than the calculation under the old formula, then that district's total program for the 2025-26 budget year is the greater of:The district's total program amount for the 2024-25 budget year under the old formula; orThe amount calculated for the 2026-27 budget year under the old formula.     The act permits a school transformation grant recipient that is implementing a priority improvement or turnaround plan to use the grant award to plan for and implement rigorous redesign strategies.     The act changes the provisions that determine the amounts of total program that school districts and the state charter school institute distribute to their charter schools. Related to the changes of these provisions, the act repeals at-risk supplemental aid for charter schools.     The act exempts from a future repeal the general assembly's legislative declaration that using state education fund money for maintaining a website that explains major categories in the chart of accounts for local education providers is a permissible use of state education fund money.     The act repeals the scheduled repeal of, resulting in a continuation of, a statute that authorizes contingency reserve fund payments to be used for rural or small rural school districts if an unusual financial burden would be caused by the withholding of local property taxes due to a delay in filing the audit report due to extraordinary problems that could not have been reasonably foreseen or prevented by the rural or small rural school district. The act adds an assistant superintendent, a vice principal, and an assistant principal to the list of eligible school employees who may receive a salary without a reduction in public employees' retirement association (PERA) benefits if the service retiree meets specified conditions.     The act permits a local education provider to request that the department of education approve the local education provider's use of pencil and paper to complete any or every portion of a state assessment for grades 3 or 4 and requires that the local education provider be responsible for costs owed to the vendor that are associated with the administration of the assessment using pencil and paper.     The act authorizes the state board of education to adopt rules that are necessary to determine the district of residence of a child with a disability for a circumstance that is not described under law.     The act repeals the requirement that $500,000 be distributed to administrative units that enroll children with disabilities and instead requires that $1 million be distributed to fund reimbursements for administrative units that pay tuition or education expenses that ensure a free appropriate public education for a student in out-of-home placement who has an individualized education program.     The act requires the department of education to engage stakeholders concerning public placements in facility schools and on the issue of whether to make recommendations concerning such placements to the state board of education regarding rules or to the general assembly regarding statutes.     Under current law, each participating school food authority that satisfies certain requirements is eligible to receive a local food purchasing grant and an amount to increase wages or stipends for individuals employed to prepare and serve school meals. The act clarifies that a charter school that operates under a participating school food authority is eligible for the awards.     The act:Prohibits a board of cooperative services (BOCES) from acting as a statewide authorizer of programs or schools; andLimits a BOCES to operating a school or program outside the geographic boundaries of its school district members, unless specified conditions are satisfied.     The act permits a local education provider to offer one or more part-time programs for homeschool students if specified conditions are satisfied.     The act requires an authorizer contracting with an education management provider to maintain appropriate independence from, and oversight of, the education management provider. The act prohibits a school district from creating a contract school that is a full-time complete educational program offered exclusively by a private entity pursuant to a contract with the public entity.     The act appropriates:$3,755,558 to the department of education from the state education fund for the state share of districts' total program;$313,395 to the department of education from the state education fund for management and administration for information technology services and for use by school district operations for administration related to public school finance; and$3,385,203 to the department of education from the state education fund for school district operations for costs associated with holding charter schools harmless for changes in the distribution of total program funding.     The act adjusts the 2026-27 long bill by decreasing:$8,502,195 from the appropriation from the state education fund to the department of education for the state share of districts' total program funding; and$3,504,995 from the appropriation from the state education fund to the department of education for use by school district operations for at-risk supplemental aid.(Note: This summary applies to this bill as enacted.)

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 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 directs the division of brand inspection (division) in the department of agriculture and the state board of stock inspection commissioners in the department of agriculture to receive reports of lost or stolen livestock. On or before December 31, 2026, the division shall implement procedures that:Facilitate efficient coordination with law enforcement, including procedures to ensure that reports of stolen livestock are provided to relevant law enforcement within 24 hours after the division receives a report of stolen livestock; andEnsure that the public is notified of lost or stolen livestock.     The procedures implemented by the division may vary by geographic region depending on the needs of the region.(Note: This summary applies to this bill as enacted.)

The act changes requirements for the regional transportation district (RTD) relating to paratransit and accessible transportation, the composition of the board of directors, coordination with the subregional service councils, and reporting requirements.      Paratransit and accessible transportation. On or before December 31, 2026, RTD is required to contract with an independent third-party entity for a comprehensive paratransit service study (study) that includes:A needs assessment of the population, needs, and service gaps for riders with disabilities in the district;A cost-benefit assessment;A definition of measurable performance metrics related to access, reliability, equity, and cost-effectiveness;An assessment of opportunities for RTD to collaborate with local and regional partners to address service gaps; Engagement with paratransit users, riders with disabilities, service providers, and other key stakeholders;An assessment of system performance; andAn assessment of barriers for paratransit riders and riders with disabilities to access a low-income fare discount.     The study must be completed by June 30, 2027. On or before December 31, 2027, RTD is required to complete, adopt, and begin implementing an accessible transportation service plan that is informed by the study.      Composition of RTD board of directors. The act ends the terms of the current 15 elected members of the RTD board of directors (board) on January 1, 2029, and replaces the board with 5 members elected from director districts and 4 at-large appointed members. 5 members constitute a quorum for the new board. Board members serve 4-year terms; except that the new member terms are staggered such that, on January 1, 2031, 4 of the 9 members' terms expire.     At the November 2028 general election, 5 new members are elected, 2 of which are elected to 2-year terms. At every general election in an even-numbered year thereafter, the number of members to be elected at the election equals the number of member terms expiring on January 1 of the following year. On or before the day of the November 2028 general election, the governor shall appoint 4 new board members. On or before the day of the November general election in every even-numbered year thereafter, the governor shall appoint 2 new board members to replace the members whose terms will expire the following year. Members may serve up to 2 4-year terms, and any term that lasts for fewer than 2 years does not count towards the member's 2-term limit.     On or before September 15, 2027, the office of legislative legal services and the legislative council staff are required to apportion the composition of the board so that the 5 elected directors will represent, to the extent practical, the people of the district on the basis of population. After the federal census in 2030, and after each federal census thereafter, the independent legislative redistricting commission is required to apportion the composition of the board so that the 5 elected directors will represent, to the extent practical, the people of the district on the basis of population.     The 4 appointed board members are appointed by the governor with the consent of the senate. Of the 4 members:One member is appointed from a list of at least 3 nominees provided by the Denver regional council of governments;One member must be a current or former member of the union that represents the largest collective bargaining unit of RTD employees; and2 members are appointed at the governor's discretion.      The 4 appointed members must represent diverse geographic areas of the district and are collectively required to possess expertise related to public finance, land use and multimodal transportation planning, transit operations, and transit agency programs serving disproportionately impacted communities.     The governor may remove an appointed member for malfeasance in office, neglect of duty, failure to regularly attend meetings, or any other cause that renders the member incapable or unfit to discharge the duties of the board. A member to be appointed is required to disclose any potential conflicts of interest prior to confirmation and any conflicts that arise during the member's term to the board. Failure to disclose a conflict, or taking action on a matter in which the member has an undisclosed conflict of interest, constitutes cause for removal by the governor.     The board may elect one member as chairperson of the board, one member as chairperson pro tempore of the board, and one or more individuals as secretary and treasurer of the board. The annual salary for an elected or appointed member whose term begins on or after January 1, 2029, is increased from $12,000 to $36,000, and the salary for the board chairperson is 150% of the salary of the other board members.      Subregional service council coordination. Beginning in 2027, RTD is required to provide dedicated staff to co-chair and support each subregional service council (council) and must work with council members to identify a local leader to also co-chair each council. Beginning in 2028, the councils are required to make recommendations to the RTD board on:Aligning RTD transit services with local and regional plans;Implementing joint projects to address service gaps;Leveraging existing intergovernmental agreements and projects for expanded service delivery;Identifying strategies to expand funding; andConsiderations of equity, ridership, demand, and long-term regional growth.     The RTD board is required to meet at least twice a year to receive recommendations from the councils.      Reporting requirements. RTD is required to report to the house of representatives transportation, housing, and local government committee and the senate transportation and energy committee, or their successor committees, on the following:On or before December 31, 2027, progress toward the recommendations made to RTD by the 2025-2026 RTD accountability committee created in Senate Bill 25-161. RTD is also required to submit this report to the governor.On or before January 31, 2027, and on or before each January 31 thereafter: RTD's budget and financial performance;Ridership;The implementation of Senate Bill 25-161, including RTD's progress on delivering the projects identified in its 10-year strategic plan and its comprehensive operational analysis;Aligning with state climate goals; andThe implementation of this act, including RTD's progress on implementing the accessible transportation service plan;On or before January 31, 2028, the study and accessible transportation plan; and Annually beginning in 2028, the recommendations from the councils and RTD's responses to the recommendations. RTD is also required to report this information to the transportation legislation review committee.(Note: This summary applies to this bill as enacted.)

Current law requires a local government or a tribal government desiring to receive funding from the statewide affordable housing fund to have filed with the division of housing of the department of local affairs (division) a commitment specifying how, within a 3-year cycle, affordable housing units within the local or tribal government's territorial boundaries will be increased by 3% each year over the baseline number of affordable housing units (baseline number). The baseline number resets every 3 years for the next cycle. To be eligible for funding from the statewide affordable housing fund, a local or tribal government is required to file a commitment with the division and achieve the 3% increase over the baseline number each year during the 3-year cycle.     The act changes the requirements for the 3-year cycle beginning on January 1, 2027, and each 3-year cycle thereafter. A local government desiring to receive funding from the statewide affordable housing fund is no longer required to increase affordable housing units by 3% above the baseline each year, but is instead required to meet the target increase number of affordable housing units (target increase number). The target increase number equals the average annual number of permits for new housing units or functional equivalents of permits for new housing units that have been issued over the past 3 years within the jurisdiction of the local government, multiplied by the number of years of the upcoming 3-year cycle to which the local government is committing, multiplied by:0.10 if the average annual job growth rate in the county in which the local government is located is significantly lower than the statewide median annual job growth rate over the past 3 years, as determined by the division;0.15 if the average annual job growth rate in the county in which the local government is located is close to the statewide median annual job growth rate over the past 3 years, as determined by the division; or0.20 if the average annual job growth rate in the county in which the local government is located is significantly higher than the statewide median annual job growth rate over the past 3 years, as determined by the division.     The act requires the division to establish specific numerical ranges for the job growth rate thresholds.     The act permits a local government that desires to be eligible for funding from the statewide affordable housing fund but is unable to achieve the 3% annual increase in affordable housing units for the 3-year cycle beginning on January 1, 2024, to file a good faith effort waiver with the division. To be eligible, the local government must have achieved at least 65% of the targeted annual increase. The division may, in its discretion, grant a good faith effort waiver to a local government that filed for a waiver on or after June 15, 2026, but before November 1, 2026, and complied with other requirements of the act.     The act permits a government that desires to be eligible for funding from the statewide affordable housing fund but is unable to meet the target increase number in affordable housing units for the 3-year cycle beginning on January 1, 2027, to file an adjustment waiver with the division. The adjustment waiver must be supported by verifiable data and propose a revised annual increase of at least one unit per year. The division may, in its discretion, grant an adjustment waiver to a government that filed for a waiver and complied with other requirements of the act.     To determine whether a local government has achieved the target increase number for the 3-year cycle beginning on January 1, 2027, and for each 3-year cycle thereafter, an affordable housing unit that satisfies the following criteria counts for one affordable housing unit plus the following corresponding additional unit amount:Unless local governments have a written agreement otherwise, a unit developed with money from multiple local governments may be counted by each local government as a percentage of one unit proportional to the percentage of funding it provided;A unit that is developed on land donated by the local government qualifies for an additional 0.10 of a unit. The 0.10 of a unit qualifies for the local government that donated the land.An affordable housing unit that is developed with money provided by multiple local governments qualifies for an additional 0.10 of a unit for each local government that provided money;A unit that is developed to be for-sale housing and that meets certain affordability requirements qualifies for an additional 0.20 of a unit; andA unit that is restricted to be rented or sold to a household with an annual income of at or below 40% of the area median income, including a supportive housing unit, qualifies for an additional 0.20 of a unit.     If affordable housing is developed and qualifies for a property tax exemption, thereby reducing property tax revenue to the county in which the affordable housing is located, and the county did not provide any money to develop the affordable housing, the division may, in its discretion, allow each such affordable housing unit to count as up to 1.15 affordable housing units for the county at the time of vertical construction.     Beginning in 2027, to be eligible for direct funding, or for affordable housing projects within a tribal government's territorial boundaries to be eligible for funding, tribal governments are required to implement a system to expedite the development approval process for affordable housing projects and required to submit evidence of such satisfaction to the division.(Note: This summary applies to this bill as enacted.)