Rep. Jamie Jackson

The act creates the legislation inside advisory council (council) to identify, examine, and discuss the issues, interests, and needs affecting people who are incarcerated and to formally advise and make recommendations to the general assembly regarding those issues, interests, and needs. The act: Requires the director of the legislative council to use a request for proposal process to contract with and designate a nonprofit organization to assist the council; Establishes membership requirements of the council; Outlines the duties of the council, including reporting requirements; Requires the council to report during the department of corrections' annual "SMART Act" presentation to the judiciary committees of the senate and house of representatives, or their successor committees, beginning in January of 2027; and Creates an advisory review committee, consisting of 5 voting legislative members and 5 nonvoting council members to meet no more than 3 times during the interim and recommend no more than 3 bills during each interim.(Note: This summary applies to this bill as enacted.)

The act updates energy use benchmarking and performance standard requirements for owners of certain buildings (covered building owners), including: A requirement to meet 2040 performance standards, as adopted by the air quality control commission (commission), in consultation with the Colorado energy office (office) and in consideration of recommendations made by a task force convened by the office; Authorizing an alternative compliance mechanism for covered building owners to comply with certain performance standards; and Updating civil penalties owed for a violation of the benchmarking requirements to an amount up to $577 for a first violation and up to $2,300 for each subsequent violation and, on and after January 1, 2030, updating civil penalties owed for a violation of the performance standard requirements to an amount up to $2,300 for every 30 days that the covered building owner is in violation and up to $5,800 for every 30 days for a subsequent violation. The commission shall adopt rules to annually adjust the penalty amounts for inflation.The act also creates a building decarbonization enterprise (enterprise) to provide financial assistance, technical assistance, and other programmatic assistance to covered building owners to effectively and efficiently implement building decarbonization measures, including energy efficiency measures, electrification measures, energy upgrades, and participation in utility on-bill repayment programs. The enterprise is authorized to impose and collect from covered building owners an annual building decarbonization fee to cover the enterprise's costs in providing the financial, technical, and programmatic assistance. The fees are credited to the building decarbonization enterprise cash fund (cash fund) for use by the enterprise to implement the act.The act clarifies that a local government is not required to adopt an energy code solely as a result of having adopted a wildfire resiliency code.For state fiscal year 2025-26, $3 million is appropriated from the cash fund to the office of the governor for use by the office for the enterprise's implementation of the act.(Note: This summary applies to this bill as enacted.)

Under current law, life care institutions provide life and health support services to resident seniors who reside at the life care institution through the help of independent living arrangements, assisted living, or skilled nursing. The act allows life care institutions to provide community-based continuing care services to seniors in their homes and other services that benefit individuals who are awaiting admission to a life care institution. (Note: This summary applies to this bill as enacted.)

The act allows, but does not require, an eligible patient to request from a manufacturer the manufacturer's individualized investigational drug, biological product, or device, which is a drug, biological product, or device that is unique and produced exclusively for use by an individual patient based on the patient's own genetic profile. The manufacturer must be operating within an institution that operates under federal rules for the protection of human subjects. An eligible patient is an individual who has: A life-threatening or severely debilitating illness, as attested to by the patient's treating physician; Considered all other treatment options currently approved by the United States food and drug administration; Received a recommendation from the patient's treating physician; Given written, informed consent for the use of the individualized investigational drug, biological product, or device; and Documentation from the treating physician that the individual meets the definition of "eligible patient". The act authorizes, but does not require, a manufacturer to make the individualized investigational drug, biological product, or device available to an eligible patient at no charge, but the manufacturer may require payment to cover the cost. If any harm is caused to the eligible patient resulting from the use of the individualized investigational drug, biological product, or device, a private right of action cannot be brought against the manufacturer or against any other individual or entity involved in the care of the eligible patient with regard to the eligible patient's use of the individualized investigational drug, biological product, or device, so long as the manufacturer, individual, or entity complied with the law and exercised reasonable care. The act prohibits disciplinary action against a health-care provider's license based on the health-care provider's recommendations regarding the use of the individualized investigational drug, biological product, or device. The act does not affect a health-care insurer's obligation under current law relating to coverage for an insured's participation in a clinical trial. (Note: This summary applies to this bill as enacted.)

Beginning on July 1, 2027, the act adjusts aspects of the necessary document program (program) administered by the office of health equity (office) in the department of public health and environment, which program assists certain populations of Colorado residents with paying the fees to acquire necessary documents related to an individual's identity, citizenship, or other vital statistics. The act clarifies that an individual who is eligible under the program may obtain necessary documents without charge at participating division of motor vehicles locations, participating vital statistics offices, or participating mobile units or from authorized representatives that offer driver's licenses, identification card services, or vital statistics certificates and reports. The act establishes that an individual may self-attest to the individual's eligibility under the program. The act does not change the identity verification requirements that may be required to obtain a necessary document. The act also specifies that, subject to available appropriations, an individual who is eligible for the program is not subject to the fees charged by the department of revenue for driver's licenses or identification cards. The act authorizes the office to seek, accept, and expend gifts, grants, and donations to support the program. (Note: This summary applies to this bill as enacted.)

The act eliminates the requirement for a second election to negotiate a union security agreement clause in the collective bargaining process. VETOED by Governor 5/16/2025(Note: This summary applies to this bill as enacted.)

The act caps the maximum incarceration sentence for a municipal violation that has a comparable state law crime at the same length as the state-level offense. If a comparable state-level offense does not exist, the maximum period of incarceration is capped at the maximum for a state-level petty offense. Mandatory minimums and increased penalties based on prior convictions are prohibited unless the person is convicted of a municipal offense for which there is a comparable state offense or of an infraction that allows imposition of the same mandatory minimum or increased penalties based on prior convictions. The act also caps a consecutive municipal sentence at 2 times the highest charge in the case. The act clarifies that municipal court defendants have a right to counsel and that municipal defense counsel have the same notice, case information, and opportunity to meet with their clients as do state-level defense counsel. Current law prohibits paying indigent municipal defense counsel on a fixed or flat-fee payment structure if the municipality prosecutes domestic violence cases. The act applies the prohibition to all municipalities. All municipal court proceedings are required to be open to public observation. Virtual observation is required for all in-custody proceedings, and prompt resolution of municipal cases is required. VETOED by Governor 5/16/2025(Note: This summary applies to this bill as enacted.)

The act allows a person who is 72 years of age or older to choose to temporarily or permanently opt out of jury service. The judge or jury commissioner may require documentation in support of the opt-out of jury service. For the 2025-26 state fiscal year, the act appropriates $10,066 from the general fund to the judicial department for use by the state courts to implement the act. VETOED by Governor May 16, 2025(Note: This summary applies to this bill as enacted.)

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 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.)