Section 3 of the act defines "disproportionately impacted community" (DIC) as:A community that is in a census block group where the proportion of households that are low income, that identify as minority, or that are housing cost-burdened is greater than 40%; or Any other community as identified or approved by a state agency, if the community: Has a history of environmental racism perpetuated through redlining, anti-Indigenous, anti-immigrant, anti-Hispanic, or anti-Black laws; or is one where multiple factors may act cumulatively to affect health and the environment and contribute to persistent disparities. Section 3 also requires the air quality control commission (AQCC) to promote outreach to and engage with DICs by creating new ways to gather input from communities across the state, using multiple languages and multiple formats, and transparently sharing information about adverse effects resulting from its proposed actions.Section 4 creates the environmental justice action task force (task force) in the department of public health and environment (department), the goal of which is to propose recommendations to the general assembly regarding practical means to address environmental justice inequities, particularly within DICs. The department will report on the task force's activities during the department's "SMART Act" presentations. The task force will:Hold meetings to solicit public comment concerning the development of a state agency-wide environmental justice strategy and a plan to implement that strategy, including ways to address data gaps and data sharing between state agencies and the engagement of disproportionately impacted communities; Evaluate and propose recommended revisions to the definitions of DIC, "proposed state action", and "agency" and the state agencies and their proposed actions that are subject to section 3; and File a final report by November 14, 2022, regarding its recommendations. Section 7 requires the AQCC to include greenhouse gas (GHG) in the list of air pollutants required to be reported in an air pollutant emission notice (APEN) and allows the AQCC to require that APENs for GHG report the previous calendar year's emissions of GHG in the form of carbon dioxide equivalent. Section 8 requires the AQCC to adopt rules, including permit processing fees, that apply to permits for sources of pollutants that cause or contribute to significant health or environmental impacts in DICs. Section 9 allows the division of administration in the department to reopen an air permit to add monitoring requirements for sources that affect DICs.Section 12 creates in the department the position of an environmental justice ombudsperson and directs the ombudsperson to promote environmental justice for the people of Colorado, particularly as an advocate for DICs and as a liaison between DICs and the department. Section 12 also creates in the department the environmental justice advisory board and directs the board to advise the ombudsperson and to develop guidelines for a grant program to fund environmental mitigation projects that avoid, minimize, measure, or mitigate adverse environmental impacts in DICs.Section 10 requires the AQCC to establish an annual APEN fee for GHG and authorizes the use of the fees to pay for the engagement of DICs required by section 3 and for the ombudsperson position created in section 12. Current law credits air quality fines to the general fund; section 13 creates the community impact cash fund and, over the course of 5 years, credits all of the fines to the fund, which is used to pay for environmental mitigation projects and the environmental justice advisory board.Section 14:Allows the AQCC to adopt rules that add permit requirements for sources that affect DICs; Directs the AQCC to adopt rules that pursue near-term reductions in GHG emissions, including reducing GHG emissions from electric utilities by at least 48% by 2025 and 80% by 2030, relative to 2005 levls; Directs the division to prepare an annual report that indicates whether GHG emission reduction requirements are being met and, if not, to develop and propose additional requirements to the AQCC; Requires each wholesale generation and transmission electric cooperative to file with the public utilities commission (PUC) and the division an electric resource plan that will achieve at least an 80% reduction of GHG emissions by 2030, relative to 2005 levels; Requires certain electric utilities that serve at least 50,000 Colorado retail customers to either file a clean energy plan with the division or comply with AQCC rules that would require GHG emission reductions of at least 48% by 2025 and 80% by 2030, relative to 2005 levels; Requires the AQCC to adopt rules to reduce GHG emissions from oil and gas exploration, production, processing, transmission, and storage operations by at least 36% by 2025 and 60% by 2030, relative to 2005 levels; Requires the AQCC to adopt rules to reduce GHG emissions from the industrial and manufacturing sector in the state by at least 20% by 2030, relative to 2015 levels; and Authorizes the AQCC to adopt a rule or program that provides for the use of a trading program, including a comprehensive and centralized accounting system to track emissions from the sources that participate in the program. Section 16 requires that the economic impact analysis for GHG rules must include an analysis of the social cost of greenhouse gases. Section 17 requires that the division make publicly available the data upon which its GHG forecast is based and requires that the forecast include at least one scenario that does not include emission reductions projected to occur pursuant to existing law.Section 19 requires the just transition office in the division of employment and training in the department of labor and employment to develop a proposed long-term budget to adequately finance the just transition plan relating to the closure of coal-fired electric generation facilities. Section 20 modifies the mission statement for the Colorado energy office, including by adding the goal of supporting Colorado's transition to a more equitable, low-carbon, and clean energy economy and promoting resources that reduce air pollution and greenhouse gas emissions, including pollution and emissions from electricity generation, buildings, industry, agriculture, and transportation.Existing law requires electric utilities to provide best value employment metrics to the PUC when applying for approval of new resource acquisitions. Section 22 requires the state auditor to study the implementation of the best value employment metrics requirement.To implement the act, section 23 appropriates the following:$2,550,218 from the general fund and the community impact cash fund to the department, of which amount $382,680 is reappropriated to the department of law to provide legal services and $239,642 is reappropriated to the office of the governor for use by the office of information technology to provide information technology services; and $146,703 from the general fund to the office of the governor for use by the Colorado energy office.(Note: This summary applies to this bill as enacted.)
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The act updates language that must be included on a court summons issued to a defendant-tenant in an eviction action explaining the consequences for failing to answer the complaint, the content of an answer, and the fees and deposits related to filing an answer.The act prohibits a county sheriff from executing a writ of restitution, which directs the sheriff to assist the landlord in removing the tenant, until at least 10 days after a landlord wins judgment in an eviction action.The act prohibits residential landlords from increasing rent more than one time in a 12-month period of tenancy. For a residential tenancy of any duration in which there is no written agreement, the act requires a landlord to give a tenant 60 days' notice prior to increasing rent. The act prohibits a landlord from terminating a residential tenancy in which there is no written agreement with the primary purpose of increasing a tenant's rent without providing 60 days' notice.(Note: This summary applies to this bill as enacted.)
The act requires the Colorado work force development council (council), in collaboration with local work force boards, the department of education, superintendents of local school districts, the state board for community colleges and occupational education (community college board), and other postsecondary partners, to design a career pathway for students in the energy sector using an existing statutory model for the design and implementation of career pathways. The act defines "energy sector" to include electromechanical generation and maintenance, electrical energy transmission and distribution, energy efficiency and environmental technology, and renewable energy production.The act creates the strengthening photovoltaic and renewable careers (SPARC) workforce development program (SPARC program) in the department of labor and employment (department). The purpose of the SPARC program is to create capacity for and bolster training, apprenticeship, and education programs in the energy sector career pathway to increase employment in the energy sector, prioritizing in-demand and growing occupations in the energy sector. The department, the council, the community college board, and the department of higher education shall use money appropriated by the general assembly to expand the capacity of training programs and support the energy sector career pathway, as described in the act. The department, in consultation with the council, the community college board, and the department of higher education, shall determine the amount of money allocated to public institutions of higher education, local workforce development areas, and others. The act creates the SPARC program fund.By November 1, 2022, and each November 1 thereafter, the act requires the council to submit an annual report to the house of representatives business affairs and labor committee, energy and environment committee, and education committee, or their successor committees, and to the senate business, labor, and technology committee, transportation and energy committee, and education committee, or their successor committees , concerning the implementation of the SPARC program and the use of funding, and to present a summary of the report at the department's annual presentation to the general assembly. The act repeals the program, effective July 1, 2026.For the 2021-22 state fiscal year, the act appropriates:$90,048 and 1.3 FTE to the department from the SPARC program fund for one-stop workforce center contracts and the Colorado work force development council; and $1,724,590 to the department of higher education from the SPARC program fund for the community college board and state system community colleges.(Note: This summary applies to this bill as enacted.)
The act allows the department of public health and environment, in contracting with certain grantees for the provision of services, to dispense up to 25% of the total value of the payments under the contract to the grantee immediately upon the execution or renewal of the contract.(Note: This summary applies to this bill as enacted.)
Current law requires the air quality control commission (AQCC) to adopt rules that will result in the statewide reduction of greenhouse gas (GHG) emissions of 26% by 2025, 50% by 2030, and 90% by 2050, as compared to 2005 emissions. Section 2 of the bill supplements these requirements by: Directing the AQCC to: Consider the social cost of GHG emissions; Require GHG reductions on a linear or more stringent path; and Finalize its implementing rules by March 1, 2022, including specific net emission weight limits for various emission sectors, subject to modification by the AQCC, including through the use of a multi-sector program; Directing each wholesale generation and transmission electric cooperative to file with the public utilities commission a responsible energy plan that will achieve at least an 80% GHG reduction by 2030 as compared to 2005 levels and specifying that if a plan is not filed, the cooperative must achieve at least a 90% GHG reduction by 2030 as compared to 2005 levels; and Directing each retail, wholesale, and municipal electric utility and cooperative electric association to reduce its GHG emissions by at least 95% between 2035 and 2040 and by 100% by 2040. Section 3 adds GHG to the definition of "regulated pollutant", prohibits the AQCC from excluding GHG emissions from the requirement to pay annual emission fees that are based on emissions of regulated pollutants, gives the AQCC rule-making authority to set the GHG annual emission fee, and authorizes the use of these fees for outreach to and engagement of disproportionately impacted communities. Section 4 requires the AQCC's GHG reporting rules to establish an assumed emission rate representing the average regional fossil fuel generation emission rate for electricity generated by a renewable energy resource for which the associated renewable energy credit is not retired in the year generated.Section 5 creates an environmental justice ombudsperson position and an environmental justice advisory board in the department of public health and environment. The ombudsperson and the advisory board will work collaboratively to promote environmental justice in Colorado. Sections 2 and 5 specify processes for soliciting and facilitating input from disproportionately impacted communities regarding proposed AQCC rule changes and departmental decision-making.(Note: This summary applies to this bill as introduced.)
The act creates, unless otherwise required by federal law, a public or assisted housing benefit exception to the requirement that an applicant for federal, state, or local public benefits verify lawful presence in the United States.(Note: This summary applies to this bill as enacted.)
The bill creates the dialysis transportation provider reimbursement program (program) within the department of transportation. The program is created to reimburse dialysis transportation providers that transport dialysis patients who are 50 years of age or older and are not otherwise covered by medicaid. The program is funded by a per-treatment fee paid by each for-profit dialysis treatment clinic. (Note: This summary applies to this bill as introduced.)
The act adds discrimination based on source of income as a type of unfair housing practice. "Source of income" is defined to include any source of money paid directly, indirectly, or on behalf of a person, including income from any lawful profession or from any government or private assistance, grant, or loan program. A person is prohibited from refusing to rent, lease, show for rent or lease, or transmit an offer to rent or lease housing based on a person's source of income. In addition, a person cannot discriminate in the terms or conditions of a rental agreement against another person based on source of income, or based upon the person's participation in a 3rd-party contract required as a condition of receiving public housing assistance. A person cannot include in any advertisement for the rent or lease of housing any limitation or preference based on source of income, or to use representations related to a person's source of income to induce another person to rent or lease property. The restrictions do not apply to a landlord with 3 or fewer rental units. A landlord who owns 5 or fewer single family rental homes, and no more than 5 total rental units including any single family rental homes, is not required to accept federal housing choice vouchers for the single family homes. A landlord is not prohibited from checking the credit of prospective tenant. Checking the credit of a prospective tenant is not an unfair housing practice if the landlord checks the credit of every prospective tenant. (Note: This summary applies to this bill as enacted.)
For the purpose of establishing a worker's eligibility for unemployment benefits,"immediate family" includes: A sibling of the worker who is under 18 years of age and for whom the worker stands in loco parentis; and A sibling of the worker who is incapable of self-care due to a mental or physical disability or a long-term illness. A worker who separates from a job because the worker reasonably believes that continuing employment would jeopardize the safety of the worker or any member of the worker's immediate family as a result of domestic violence no longer must provide certain documentation to establish the worker's eligibility for unemployment benefits. The term "severance allowance" is substituted for "remuneration" in a provision that concerns remuneration received by an individual who has been separated from employment. Subject to the approval of the executive director of the department of labor and employment, the director of the division of unemployment insurance may enter into an interagency agreement with the department of law for assistance in enforcing certain provisions concerning the misclassification of employees by an employer. Fines imposed pursuant to the enforcement of laws concerning employment security must be transferred to the department of labor and employment and credited to the unemployment revenue fund. (Note: This summary applies to this bill as enacted.)
Current state law sets the maximum civil fine for most air quality violations at $15,000 per day and most water quality violations at $10,000 per day, but federal law allows the federal environmental protection agency to assess higher maximum daily fines per violation. Sections 1 and 2 of the act raise the maximum fine to $47,357 per day for air quality violations and $54,833 per day for water quality violations and direct the air quality control commission and the water quality control commission in the department of public health and environment to annually adjust the maximum fine based on changes in the consumer price index. Section 2 also extends the repeal date for the water quality improvement fund to September 1, 2025. Current law specifies that a person who commits criminal pollution of state waters that is committed: With criminal negligence or recklessly is subject to a maximum daily fine of $12,500; and Knowingly or intentionally is subject to a maximum daily fine of $25,000. Section 3 makes a: Criminally negligent or reckless violation a misdemeanor and increases the maximum daily penalty to $25,000, imprisonment of up to 364 days, or both; and Knowing or intentional violation a class 5 felony and increases the maximum daily penalty to $50,000, imprisonment of up to 3 years, or both. Current law specifies that a person who knowingly makes any false representation in a required record or who knowingly renders inaccurate any required water quality monitoring device or method is guilty of a misdemeanor and is subject to a fine of not more than $10,000, imprisonment in the county jail for not more than 6 months, or both. Section 4 makes these violations a class 5 felony and specifies that if 2 separate offenses occur in 2 separate occurrences during a period of 2 years, the maximum fine and term of imprisonment for the second offense are double the default amounts. (Note: This summary applies to this bill as enacted.)