Waste diversion - front range waste diversion enterprise created - increased waste diversion goals established - new tipping fee - grant program. Section 1 of the act creates the front range waste diversion enterprise. The enterprise will collect a user fee on each load of waste disposed of at a landfill in the front range and credit the fee to the new front range waste diversion cash fund to finance the front range waste diversion grant program. Section 2 sets the user fee at 15 cents per cubic yard per load from January 1, 2020, through December 31, 2020. The fee increases 15 cents per year so that on and after January 1, 2023, the fee is 60 cents per cubic yard per load; except that this amount is adjusted annually by inflation after January 1, 2024. Section 3 adjusts the fine amount for littering on public or private property annually, commencing on January 1, 2020, by inflation and credits the increased amount of the fine to the fund. The front range is defined as the counties of Adams, Arapahoe, Boulder, Douglas, Elbert, El Paso, Jefferson, Larimer, Pueblo, Teller, and Weld and the cities and counties of Broomfield and Denver. The following entities that are located or provide services in the front range are eligible to apply for grants: Municipalities, counties, and cities and counties; nonprofit and for-profit businesses involved in waste disposal or diversion; and institutions of higher education and public or private schools. The enterprise shall administer the grant program and provide technical assistance to eligible entities to achieve the following municipal waste diversion goals within the front range: 32% diversion by 2021; 39% diversion by 2026; and 51% diversion by 2036. The board of directors of the enterprise shall submit a report by July 1 of each year to the committees of reference of the general assembly with jurisdiction over the environment regarding the grant program. The enterprise, increased user fee, and increased amount of the littering fine are repealed, effective September 1, 2029. (Note: This summary applies to this bill as enacted.) Read More
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Air pollution - statewide greenhouse gas pollution abatement - air quality control commission - rules - appropriation. Section 1 of the act states that Colorado shall have statewide goals to reduce 2025 greenhouse gas emissions by at least 26%, 2030 greenhouse gas emissions by at least 50%, and 2050 greenhouse gas emissions by at least 90% of the levels of statewide greenhouse gas emissions that existed in 2005. Section 3 specifies considerations that the air quality control commission is to take into account in implementing policies and promulgating rules to reduce greenhouse gas pollution, including the benefits of compliance and the equitable distribution of those benefits, the costs of compliance, opportunities to incentivize clean energy in transitioning communities, and the potential to enhance the resilience of Colorado's communities and natural resources to climate impacts. The commission will consult with the public utilities commission with regard to rules that affect the providers of retail electricity in Colorado. The commission shall not mandate an electric public utility to reduce its emissions by 2030 more than is required by a clean energy plan filed with the public utilities commission if the plan demonstrates an 80% reduction from 2005 statewide green gas emission levels by 2030. A clean energy plan voluntarily filed by a cooperative electric association that has exempted itself from the public utilities commission's jurisdiction or a municipally owned utility with the public utilities commission is deemed approved if the plan demonstrates an 80% reduction by 2030. $281,588 is appropriated from the general fund to the department of public health and environment to implement the act, of which $93,267 is reappropriated to the department of law. (Note: This summary applies to this bill as enacted.) Read More
Driver's licenses - foster children - automobile insurance - appropriation. Section 1 of the act clarifies that a minor who is at least 16 years of age can purchase auto insurance. Section 2 exempts a foster child from being required, when being issued a driver's license, to have his or her foster parent or other legal guardian sign an affidavit of liability if the child holds evidence of financial responsibility in his or her own name. Section 2 also: Authorizes counties to provide a service that exempts foster children from needing a foster parent or other legal guardian to sign an affidavit of liability. The county may accept and expend gifts, grants, or donations to implement this program. Lowers to 17 the age at which the county need not obtain permission of a foster parent to obtain an instruction permit without a responsible adult signing an affidavit of liability; and Repeals a provision that authorizes a foster child to obtain an instruction permit if enrolled in a driving school. Section 3 allows any person who is at least 21 years of age and who holds a driver's license to sign a foster child's driving logs if the person provided the instruction. Section 4 authorizes anyone who is at least 21 years of age and who holds a driver's license to instruct a foster child with a driving permit notwithstanding that the person did not sign the affidavit of liability. Section 5 directs the transportation legislation review committee to examine barriers to foster children meeting the 50-hour driving requirement while holding an instruction permit and to foster children obtaining automobile liability insurance. Section 6 appropriates $6,750 to the department of revenue to implement the act. (Note: This summary applies to this bill as enacted.) Read More
Tenants and landlords - warranty of habitability - breach of warranty - tenants' remedies. Under current law, a warranty of habitability (warranty) is implied in every rental agreement for a residential premises. The act states that, except in cases involving a condition that is based on the presence of mold, a landlord commits a breach of the warranty (breach) if the residential premises is: Uninhabitable or otherwise unfit for human habitation or in a condition that materially interferes with the tenant's life, health, or safety; and The landlord has received reasonably complete written or electronic notice of the condition and failed to commence remedial action by employing reasonable efforts within: 24 hours, where the condition materially interferes with the tenant's life, health, or safety; or 96 hours, where the premises is uninhabitable or otherwise unfit for human habitation and the tenant has included with the notice permission for the landlord or the landlord's authorized agent to enter the residential premises. For cases involving a residential premises that has mold that is associated with dampness, or where there is any other condition causing the residential premises to be damp, which condition, if not remedied, would materially interfere with the life, health, or safety of a tenant, a landlord commits a breach if the landlord fails: Within 96 hours after receiving reasonably complete written or electronic notice of the condition, to mitigate immediate risk of mold by installing a containment, stopping active sources of water to the mold, and installing a high-efficiency particulate air filtration device to reduce tenants' exposure to mold; To maintain the containment until certain acts have been performed; and Within a reasonable amount of time, to execute certain remedial actions to remove the health risk posed by mold. Current law provides a list of conditions that render a residential premises uninhabitable. To this list, the act adds 2 conditions; specifically, a residential premises is uninhabitable if: The premises lacks functioning appliances that conformed to applicable law at the time of installation and that are maintained in good working order; or There is mold that is associated with dampness, or there is any other condition causing the residential premises to be damp, which condition, if not remedied, would materially interfere with the health or safety of the tenant, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their proper functioning and intended use. The act grants jurisdiction to county courts to provide injunctive relief related to a breach. The act also: States that if a tenant gives a landlord notice of a condition that materially interferes with the tenant's life, health, or safety, the landlord, at the request of the tenant, shall provide the tenant a comparable dwelling unit, as selected by the landlord, at no expense or cost to the tenant, or a hotel room, as selected by the landlord, at no expense or cost to the tenant; Allows a tenant who satisfies certain conditions to deduct from one or more rent payments the cost to repair or remedy a condition causing a breach; Repeals the requirement that a tenant notify a local government before seeking an injunction for a breach; Repeals provisions that allow a rental agreement to require a tenant to assume certain responsibilities concerning conditions and characteristics of a residential premises; Creates an exception for single-family residence premises for which a landlord does not receive a subsidy from any governmental source, by which exception a landlord and tenant may agree in writing that the tenant is to perform specific repairs, maintenance tasks, alterations, and remodeling, subject to certain requirements; Prohibits a landlord from retaliating against a tenant in response to the tenant having made a good-faith complaint to the landlord or to a governmental agency alleging a condition that renders the premises uninhabitable or any condition that materially interferes with the life, health, or safety of the tenant; Repeals certain presumptions that favor landlords; and Specifies monetary damages that may be available to a tenant against whom a landlord retaliates. The act states that if the same condition that substantially caused a breach recurs within 6 months after the condition is repaired or remedied, other than a condition that merely involves a nonfunctioning appliance, the tenant may terminate the rental agreement 14 days after providing the landlord written or electronic notice of the tenant's intent to do so. In a case concerning a condition that merely involves a nonfunctioning appliance, if the landlord remedies the condition within 14 days after receiving the notice, the tenant may not terminate the rental agreement. (Note: This summary applies to this bill as enacted.) Read More
Violation of rental agreements - notice requirements - time to cure violation. The act concerns the time frames in which certain landlords must give notice to tenants prior to commencing eviction proceedings for failure to pay rent or for a first or subsequent violation of any other condition or covenant other than a substantial violation. Under most residential agreements, a landlord is required to give 10 days notice. Under a nonresidential or an employer-provided housing agreement, a landlord is required to give 3 days notice. For an exempt residential agreement, meaning for the lease of a single family home by a landlord who owns 5 or fewer single family rental homes, 5 days notice is required.(Note: This summary applies to this bill as enacted.) Read More
Student loan servicers - license requirement - regulation by assistant attorney general - appropriation. The act requires an entity that services a student education loan owned by a Colorado resident to be licensed by the administrator of the "Uniform Consumer Credit Code". "Servicing" means receiving a scheduled periodic payment from a student loan borrower, applying the payments of principal and interest with respect to the amounts received from a student loan borrower, and similar administrative services. The act specifies particular acts that are required of or prohibited by student loan servicers and the administrator's powers and duties. Violation of the licensing law is a deceptive trade practice. The act also creates a student loan ombudsperson to provide timely assistance to student loan borrowers. $115,273 is appropriated to the department of law from the general fund to implement the act. (Note: This summary applies to this bill as enacted.) Read More
Section 1 of the bill enacts the "Colorado Prescription Drug Cost Reduction Act of 2019", which requires: Health insurers, starting in 2020, to submit to the commissioner of insurance (commissioner) information regarding prescription drugs covered under their health insurance plans that the plan 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, and PBMs when the manufacturer, on or after January 1, 2020, 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, 2020, 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 for which they received the required notice from a manufacturer; 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 executive director, chief operating officer, board of directors, or any member of the board of directors from a prescription drug manufacturer, PBM, or health insurer 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 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. Section 2 prohibits PBMs from retroactively reducing payment on a clean claim submitted by a pharmacy unless the PBM determines, through an audit conducted in accordance with state law, that the claim was not a clean claim. Health insurers that contract with PBMs must ensure that the PBMs are complying with this prohibition and the reporting requirements and are subject to penalties for failure to do so. Section 3 requires a carrier to reduce the cost sharing a covered person is required to pay for prescription drugs by an amount equal to the greater of 51% of the average aggregate rebates received by the carrier for all prescription drugs, including price protection rebates, or an amount that ensures cost sharing will not exceed 125% of the carrier's cost for the prescription drug. Under sections 5 and 6 , 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. Additionally, health insurers that fail to report the required data are subject to a fine of up to $10,000 per day. Sections 7 and 8 of the bill make conforming amendments necessary to harmonize the bill with the title 12 recodification bill, House Bill 19-1172.(Note: This summary applies to this bill as introduced.) Read More
Sign language interpreters - title protection - certification - appropriation. The act adds "translator" and "certified translator" for sign language to the list of titles that a person certified by the Registry of Interpreters for the Deaf, Inc., may use. The act also authorizes the Colorado commission for the deaf, hard of hearing, and deafblind to approve certifications of sign language interpreters to use the mentioned titles. $19,440 is appropriated from the Colorado telephone users with disabilities fund to the department of human services to implement the act. (Note: This summary applies to this bill as enacted.) Read More
Under current law, a warranty of habitability (warranty) is implied into every rental agreement for a residential premises. The bill makes the following changes related to the warranty: Current law requires written notice before a landlord can be held liable for a breach of the warranty (breach). The bill expands the acceptable notice to also include electronic notice, defines electronic notice, and specifies the time within which the landlord is required to commence remedial action ( sections 3 and 4 of the bill). Jurisdiction to provide injunctive relief related to a breach is expanded to include a county court, including a small claims court ( sections 1, 2, and 6 ). The absence of mold is added to the basic requirements for a habitable residence ( section 5 ). As long as certain conditions are met, a tenant is authorized to deduct the cost of repair from subsequent rent ( section 6 ). The requirement that a tenant notify a local government before seeking an injunction is repealed ( section 7 ). The prohibition on retaliation for a tenant's alleging a breach is modified to specify damages and to eliminate presumptions ( section 8 ).(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More
Currently, Colorado criminalizes posting nude images of another person for harassment purposes or for pecuniary gain. The bill makes the following changes to those crimes: Adds images of sex acts that may not include nude images; Removes the requirement that the defendant intend to inflict serious emotional distress; Removes as an exception to the crimes that the image relates to a newsworthy event; and Clarifies that the images subject to the crimes may be disclosed by law enforcement personnel, human or social services personnel, prosecutors, and court personnel in the course of their normal business.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.) , Read More