The act creates the air quality enterprise and specifies that its revenues are exempt from the state constitution's TABOR provisions. The enterprise will conduct air quality modeling, monitoring, data assessment, and research; implement emission mitigation projects; and provide its data to the division of administration (division) and the air quality control commission (commission) in the department of public health and environment (department) to facilitate the administration of the state's air quality laws, including by facilitating the timely issuance and effective enforcement of appropriate emission permits. The enterprise is governed by a board of directors comprised of the executive director of the department or the executive director's designee and 9 members appointed by the governor and representing the commission, fee payers, business management, and scientific researchers. The board shall establish by rule the following enterprise fees in an amount that, in aggregate, reflects the value of the services the enterprise provides: A fee per ton of air pollutant; A fee for services performed for third parties for air quality modeling, monitoring, assessment, or research; A fee for emission mitigation project services. The fees are credited to the newly created air quality enterprise cash fund. Revenue collected from the fees must not exceed the following amounts: For state fiscal year 2021-22, $1 million; For state fiscal year 2022-23, $3 million; For state fiscal year 2023-24, $4 million; and For state fiscal years commencing on or after July 1, 2024, $5 million. The enterprise is required to submit an annual report to the general assembly each December 1 detailing its activities, revenues, and the value of its business services. The enterprise is repealed on September 1, 2034, and is subject to sunset review. For purposes of the fees for air pollutant emission notices, annual per-ton emissions, and application processing, the act: Removes the statutory maximum for the fees; Establishes the amount of the fees for state fiscal years 2020-21 and 2021-22; and Allows the commission to thereafter adjust the fees by rule. Additionally, for annual per-ton emission fees and processing fees, the act specifies the purposes for which the increased revenues from those fees may be spent and requires annual reporting by the division regarding the fees. The act appropriates $10,660 from the general fund to the department and reappropriates the money to the department of law for legal services necessary to implement the act. (Note: This summary applies to this bill as enacted.)
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Current law creates the petroleum cleanup and redevelopment fund to fund corrective action plans for petroleum releases not covered by other programs. If it would enhance environmental protection or improve air quality, the bill authorizes the division of oil and public safety to use up to $2 million in the redevelopment fund to develop, in partnership with a private entity, fuel-cell electric-vehicle projects.(Note: This summary applies to this bill as introduced.)
The bill enacts the "Consumer and Employee Dispute Resolution Fairness Act" (act). For certain consumer and employment arbitrations, the act: Prohibits the waiver of standards for and challenges for evident partiality prior to a claim being filed and requires any waiver of such provisions after the claim is filed to be in writing; Provides that the right of a party to challenge an arbitrator based on evident partiality is waived if not raised within a reasonable time of learning of the information leading to the challenge but that such right is not waived if caused by the opposing party; Authorizes the nonobjecting party to seek provisional remedies from court if a party objects to an arbitrator and the parties are not able to agree on an arbitrator; Establishes ethical standards for arbitrators; and Requires specified public disclosures by arbitration services providers to the parties but includes protections for certain confidential information. The bill also requires an individual arbitrator for certain consumer and employment arbitrations to make additional disclosures of information that might affect the arbitrator's impartiality. The bill specifies how attorney fees and other reasonable expenses are to be awarded if a court vacates an award because of an arbitrator's evident partiality or failure to make required disclosures. and clarifies when appeals of orders may be made in consumer and employee arbitrations. The bill also provides that for a standard form contract involving a consumer or an employee: Specified terms are unenforceable as against public policy; and Including an unenforceable term constitutes a deceptive trade practice under the "Colorado Consumer Protection Act"; and How certain cost-shifting provisions are to be interpreted. (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 bill directs the department of health care policy and financing (state department), or a third party with whom the department contracts, to collect, analyze, and report prescription drug production cost data regarding the 20 highest-cost prescription drugs per course of therapy and the 20 highest-cost prescription drugs by volume that were purchased or paid for by the departments of corrections, human services, personnel, and health care policy and financing (departments) during the 2019-20 and future state fiscal years. Upon receipt of a list of the highest-cost prescription drugs purchased or paid for by the departments, the state department or its designated contractor, as applicable, is directed to request from the manufacturers of the drugs on the list information showing the basis for and components of the wholesale acquisition cost (WAC) of each drug on the list. The state department or its designated contractor, as applicable, is to analyze the data received from drug manufacturers and report its findings regarding the basis for the WAC for each prescription drug on the list, specifying the percentage of the WAC that is attributable to each component driving the WAC. The state department is required to provide an annual prescription drug price transparency report by December 1, 2021, and each December 1 thereafter to specified legislative committees. The state department and its designated contractor, as applicable, are required to maintain the confidentiality of any proprietary information received from a drug manufacturer, and that information is exempt from the "Colorado Open Records Act". The executive director of the state department is authorized to adopt rules as necessary to implement and administer the bill. A manufacturer that fails to report the required information is subject to a civil penalty of up to $10,000 per day. (Note: This summary applies to this bill as introduced.)
Section 1 of the bill enacts the "Colorado Prescription Drug Price TransparencyAct of 2020", which requires: Health insurers, starting in 2021, to submit to the commissioner of insurance (commissioner) information regarding prescription drugs covered under their health insurance plans that the health insurers paid for in the preceding calendar year, including information about rebates received from prescription drug manufacturers, a certification regarding how rebates were accounted for in insurance premiums, and a list of all pharmacy benefit management firms (PBMs) with whom they contract; Prescription drug manufacturers to notify the commissioner, state purchasers, health insurers, PBMs, pharmacies, and hospitals when the manufacturer, on or after January 1, 2021, increases the price of certain prescription drugs by more than specified amounts or introduces a new specialty drug in the commercial market; Prescription drug manufacturers, within 15 days after the end of each calendar quarter that starts on or after January 1, 2021, to provide specified information to the commissioner regarding the drugs about which the manufacturer notified purchasers; Health insurers or, if applicable, PBMs to annually report specified information to the commissioner regarding rebates and administrative fees received from manufacturers for prescription drugs they paid for in the prior calendar year and the average wholesale price paid for prescription drugs by individuals, small employers, and large employers enrolled in health plans issued by the health insurer or that contain prescription drug benefits managed or administered by the PBM; and Certain nonprofit organizations to compile and submit to the commissioner an annual report indicating the amount of each payment, donation, subsidy, or thing of value received by the nonprofit organization or its officers, employees, or board members from a prescription drug manufacturer, PBM, health insurer, or trade association and the percentage of the nonprofit organization's total gross income that is attributable to those payments, donations, subsidies, or things of value. The commissioner is required to post the information received from health insurers, prescription drug manufacturers, PBMs, and nonprofit organizations on the division of insurance's website, excluding any information that the commissioner determines is proprietary. Additionally, the commissioner, or a disinterested third-party contractor, is to analyze the data reported by health insurers, prescription drug manufacturers, PBMs, and nonprofit organizations and other relevant information to determine the effect of prescription drug costs on health insurance premiums. The commissioner is to publish a report each year, submit the report to the governor and specified legislative committees, and present the report during annual "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearings. The commissioner is authorized to adopt rules as necessary to implement the requirements of the bill. Health insurers that fail to report the required data are subject to a fine of up to $10,000 per day per report. Nonprofit organizations are subject to a fine of up to $10,000 for failure to comply with reporting requirements. Section 2 specifies that failing to ensure that a PBM that a health insurer uses to manage or administer its prescription drug benefits is complying with reporting requirements constitutes an unfair method of competition and an unfair or deceptive act or practice in the business of insurance. Section 3 specifies that a PBM is an entity that manages or administers prescription drug benefits for a health insurer, either pursuant to a contract or as an entity associated with the health insurer. Under sections 4 and 5 , a prescription drug manufacturer that fails to notify purchasers or fails to report required data to the commissioner is subject to discipline by the state board of pharmacy, including a penalty of up to $10,000 per day for each day the manufacturer fails to comply with the notice or reporting requirements. The commissioner is to report manufacturer violations to the state board of pharmacy. Section 6 requires a health insurer to reduce premiums for the health plans it issues or renews on or after January 1, 2022, to adjust for the rebates the health insurer received from prescription drug manufacturers in the previous plan year.(Note: This summary applies to this bill as introduced.)
Energy Legislation Review Interim Study Committee. The bill ensures that clean energy resources and energy storage systems used to store electricity are assessed for valuation for the purpose of property taxation in a similar manner to renewable energy facility property used to generate and deliver electricity.(Note: This summary applies to this bill as introduced.)
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 1 of the bill makes a: Criminally negligent or reckless violation a misdemeanor and increases the penalty to $25,000, imprisonment of up to one year, or both; and Knowing or intentional violation a class 5 felony and increases the 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 2 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 imprisonment for the second offense are double the default amounts.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill modifies the "Regional Transportation District Act" (Act) as follows: Provides factors for the regional transportation district (district) to consider in making decisions about services, route planning, and rates; Prohibits the district from discriminating against people with disabilities in the provision of transportation services and prohibits discrimination against an individual on the basis of race, color, ethnicity, or national origin in the provision of transportation services. A person who is the subject of a violation of the prohibition can bring a civil suit in state district court. Authorizes the transportation legislation review committee to review the district's compliance with the Act, requires the district to comply with requests for information, and requires the committee to hear public testimony concerning the district's compliance with the prohibitions on discrimination; Adds 2 additional voting board members to be appointed by the governor for 3-year terms, one to represent constituents with disabilities and one with experience in equitable transportation planning; Adds the state treasurer and the executive director of the department of transportation as nonvoting ex-officio members of the board; Establishes contribution limits in the "Fair Campaign Practices Act" for candidates for the board of directors of the district; Requires the board to meet monthly instead of quarterly and to live broadcast its meetings whenever practicable, requires members to be physically present to vote except in the case of a documented medical condition, allows the board to adopt procedures related to the removal of an elected or appointed member, and requires the board to adopt procedures to reduce the compensation of a member who is absent from the member's official duties; Allows the district to provide commercial and retail services at its facilities; Requires the state auditor to conduct audits of the district's pension plans and unfunded pension liability, the district's organization structure and compensation, and the cost-efficiency and effectiveness of the district's competitive vehicular services policies; Provides whistle-blower protections to employees of the district and of entities contracting with the district, includes the district within the scope of the state auditor's fraud hotline, makes the district's directors and certain employees subject to ethics requirements of the state constitution, and clarifies that the district is subject to existing codes of conduct for public employees; and Amends other provisions related to the administration of the district.(Note: This summary applies to this bill as introduced.)
Court records related to an eviction proceeding or an action for termination of a mobile home park tenancy are suppressed court records that are not publicly available. If an order granting the plaintiff possession of the premises is entered in the action, the court records are no longer suppressed and the court must make the records available to the public, unless the parties agree that the records should remain suppressed. The names of the parties included in a court record that is suppressed may be used by a court for administrative purposes, but the court shall not, for any reason, publish the names of the parties online. A summons in an eviction proceeding must include a notice concerning suppression of court records related to the action. (Note: This summary applies to this bill as enacted.)
Pharmacy technicians - regulation by state board of pharmacy - certification - provisional certification - criminal history record checks - renewal - continuing education - unprofessional conduct - discipline - supervision by pharmacist - authorized activities - sunset review - appropriation. The act requires pharmacy technicians practicing in Colorado on or after March 30, 2020, to obtain a certification from the state board of pharmacy (board). An applicant for certification by the board must provide proof of certification by a board-approved, nationally recognized organization that certifies pharmacy technicians and must either submit to a criminal history record check in the form and manner determined by the board by rule or provide evidence of submitting to a criminal history record check at the time of hire or as a condition of national certification as a pharmacy technician. If an applicant is not certified by a national certifying organization at the time of application for state certification, the board may grant a provisional certification to the applicant to allow the applicant up to 18 months or, if granted a hardship extension, an additional period determined by the board, to obtain national certification. A provisional certification is not renewable, and if the provisional certificant fails to obtain the national certification within the 18-month period or extended period granted by the board, the provisional certification expires and the person cannot practice as a pharmacy technician until the person satisfies all requirements for certification by the board. To renew a certification, in addition to board requirements for renewal, a pharmacy technician must satisfy renewal and continuing education requirements of the national accrediting organization that certified the pharmacy technician. Similar to pharmacists and interns, a pharmacy technician certified by the board is subject to the jurisdiction of the board and to discipline by the board for engaging in unprofessional conduct. The act maintains the limitation on the number of interns and pharmacy technicians that a pharmacist may supervise but specifies that if the pharmacist is supervising 3 or more pharmacy technicians, a majority of the pharmacy technicians must be certified and all others must hold a provisional certification. The regulation of pharmacy technicians by the board is subject to the same sunset review that applies to the board and its functions in regulating the practice of pharmacy. $183,063 is appropriated from the division of professions and occupations cash fund to the department of regulatory agencies (DORA) to implement the act, of which $15,545 is reappropriated to the department of law for legal services for DORA. Additionally, $128,188 is appropriated from the Colorado bureau of investigation identification unit fund to the department of public safety for use by the biometric identification and records unit to perform criminal history record checks. Specified provisions of the act are contingent upon House Bill 19-1172 becoming law. (Note: This summary applies to this bill as enacted.) Read More