The bill creates 2 enterprises in the division of insurance (division) in the department of regulatory agencies. The bill creates the strengthen Colorado homes enterprise (strengthen homes enterprise), which is a state-owned business that imposes and collects a fee from insurance companies (insurers), including the FAIR plan association, that offer on policyholders of homeowner's insurance policies issued by insurance companies (insurers) and the fair access to insurance requirements (FAIR) plan association in the admitted market covering property located in or risks in Colorado. which The fee is collected on a per-policy basis and is equal to 1.5% of one-half percent on the dollar amount percentage of the total premiums that the insurer collects in the immediately preceding calendar year from homeowners for issuing homeowner's insurance policies ( insurer fee); except that an insurer shall not collect the fee on policyholders that have resilient roof systems. With the insurer fee revenue, the strengthen homes enterprise board administers a grant program (grant program) to strengthen homes against the risk of future damage claims caused by high winds, wildfire, hail, and other extreme weather events (extreme weather events) by allowing a homeowner to use grant money to upgrade their roof system with certain resilient roof materials. By paying the insurer fee to support the grant program to retrofit homes with resilient roofs, policyholders may defray the cost of retrofitting their property to resist losses due to common perils, including windstorms, wildfire, and other extreme weather events, and insurers reduce their overall risk in the market due to hail and other extreme weather events, in order to promote insurance market stability throughout the state. The bill also creates the wildfire catastrophe reinsurance enterprise (reinsurance enterprise), which is a state-owned business implementing and administering the wildfire catastrophe reinsurance program (reinsurance program). The reinsurance program makes reinsurance payments to insurers that offer homeowner's insurance on properties located in the state to partially mitigate losses in the event of a state or federally declared wildfire-related disaster (wildfire-related disaster). The purpose of the reinsurance program is to stabilize the homeowner's insurance market in the state and to attract and retain homeowner's insurers. In exchange for access to the reinsurance program, the reinsurance program requires insurers to sell homeowner's insurance in areas of the state that are at high risk for wildfires. To pay for the reinsurance program, the reinsurance enterprise: Issues revenue bonds secured by the reinsurance enterprise; Issues a catastrophe bond to a person that purchases the bond but pays the principal to cover costs of a wildfire-related disaster if it occurs; May impose and collect an insurer fee on insurers to cover a shortfall if a wildfire-related disaster does not occur during the bond term and the reinsurance enterprise has insufficient money to redeem the bonds at maturity; and Beginning in the 2026 calendar year, impose and collect a fee on a per-policy basis on each policyholder of a homeowner's insurance policy issued in the admitted market covering property in or risks in the state. The amount of the fee is equal to one-half percent on the percentage of total premiums collected by each insurer in the immediately preceding calendar year. Invests the revenue from the revenue bonds and insurer fees. In addition, the bill sets the loss ratio for homeowner's insurance by presuming that the rates charged to purchasers are excessive if the insurer's loss ratio is less than 75% over a 3-year period and, if rates are in excess of the loss ratio, requires insurers in the admitted market participating in the reinsurance program to submit rates that are at least 5% less than the previous year one set of rates taking into consideration the reinsurance program and one set without. In addition to offering a replacement-cost policy in accordance with current law, an insurer may offer a replacement-cost policy that has a reasonable coverage limit or percentage cap for additional living expenses if the insurer provides a premium decrease for the coverage limit or replacement cap that is approved by the division. For the 2025-26 state fiscal year, the bill appropriates $7,410,037 to the department of regulatory agencies from the strengthen homes enterprise and also appropriates money to the department of law for legal services to implement the reinsurance program. (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.)
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The bill requires the Colorado energy office (office) to establish a state utility an on-bill repayment program to help finance certain gas and electric utilities' on-bill repayment programs (on-bill repayment program programs ), which are programs through which energy efficiency measures, electrification measures, and energy upgrades installed at utility customers' premises are financed through loans that and repaid by the customers repay through their monthly utility bill payments. The bill requires gas or electric investor-owned utilities that serve more than 500,000 customers to propose a plan to the public utilities commission for establishing or expanding an existing on-bill repayment program for the commission to review and approve, disapprove, or modify. The bill requires the state treasurer , on July 1, 2025, to make an 3 interest-free loan in the amount of $100 loans totaling $50 million from the unclaimed property trust fund to the state utility on-bill repayment program cash fund, which fund is created in the bill, to support the financing of the on-bill repayment programs. The office is required to pay back the loan by July 1, 2045 January 1, 2046 . As an alternative financing mechanism for the on-bill programs, the bill authorizes the department of the treasury to offer on-bill financing tax credits (tax credits) to insurance companies authorized to do business in Colorado, which insurance companies have premium tax liability owing to the state (qualified taxpayers). The tax credits will only be offered if the relevant quarterly state revenue forecast shows that the state's nonexempt revenue will be at least $50 million under the limit on state fiscal year spending authorized under section 20 of article X of the state constitution, as modified by Referendum C. The bill creates a building decarbonization enterprise (enterprise) to: Provide financing 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, and energy upgrades; and Provide technical assistance and other programmatic support to utilities that accept financing from the office for the purpose of establishing or expanding an on-bill program. The enterprise is authorized to impose and collect from covered building owners an annual building decarbonization fee and impose and collect from participating utilities an annual on-bill program administration fee to cover the enterprise's costs in providing financial, technical, and programmatic assistance to covered building owners and participating utilities. (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 sets the reimbursement rates that a health insurance carrier (carrier) may reimburse a health-care provider (provider) for covered services for the state employee group benefit plans (state group benefit plans) and for small employer group benefit plans (small group plans). The bill prohibits a provider that is subject to the reimbursement limitations from billing or collecting payment from a person covered under a state group benefit plan or small group plan for any outstanding balance for covered services that is not reimbursed by the carrier, except for the applicable in-network coinsurance, copayment, or deductible amounts. The bill requires a carrier to provide cost and quality of care information to the commissioner of insurance (commissioner) in the case of small group plans and to the director of the department of personnel (director) in the case of state group benefit plans, at the request of the commissioner or director, as applicable, and prohibits a carrier from entering into an agreement with a provider or third party that would restrict the carrier from providing the information. By September 1, 2027, and by September 1 each year thereafter, the director is required to provide a report to the governor's office, the state treasurer's office, and the joint budget committee that states the amount of calculated savings in general fund expenditures (calculated savings), if any, for health plan reimbursement for the prior fiscal year as a result of the reimbursement limits for state group benefit plans. The director is also required to include in the report the cost to the department in determining the calculated savings. By September 15, 2027, and by September 15 each year thereafter, of the money from the calculated savings, the state treasurer is required to transfer an amount equal to the department's costs in determining the calculated savings to the group benefit plans expenditure savings cash fund (expenditure savings cash fund), which is created in the bill, and specified percentages of the calculated savings from the general fund to the primary care fund and to the expenditure savings cash fund. The bill also requires the executive director of the department of health care policy and financing (state department) to conduct a study, in collaboration with specified state agencies, to determine the feasibility of establishing a similar reimbursement limit for group benefit plans offered to school district, higher education, and local government employees. The executive director is required to complete the study and report the findings to the general assembly on or before January 1, 2028. The bill allocates $500,000 from the calculated savings to a health care reimbursement feasibility study cash fund created in the bill and authorizes the state department to use the money to conduct the study. (Note: This summary applies to this bill as introduced.)
The bill requires a subject jurisdiction, on or after December 31, 2026, to allow a residential development to be constructed on a qualifying property that does not contain an exempt parcel, subject to an administrative approval process. A subject jurisdiction shall not allow a residential development to be constructed on a qualifying property unless the residential development complies with certain affordability requirements. The bill specifies that a subject jurisdiction shall not: Disallow construction of a residential development on the basis of height if the tallest structure in the residential development is no more than 3 stories or 45 feet tall; Disallow construction of a residential development on the basis of height if the tallest structure in the residential development complies with the height-related standards for the zoning district in which the residential development will be built or any zoning district parcel that is contiguous to the qualifying property on which the residential development will be built; Disallow construction of a residential development based on the number of dwelling units that the residential development will contain, except in accordance with standards listed in the bill; or Apply standards to a residential development on a qualifying property that are more restrictive than the standards the subject jurisdiction applies to similar housing constructed within the subject jurisdiction, including standards related to structure setbacks from property lines; lot coverage or open space; on-site parking requirements; numbers of bedrooms in a multifamily residential development; or on-site landscaping, screening, and buffering requirements; or minimum dwelling units per acre. A subject jurisdiction shall allow the following uses in a residential development on a qualifying property: Childcare; and The provision of recreational, social, or educational services provided by community organizations for use by the residents of the residential development and the surrounding community. A subject jurisdiction may condition additional uses in a residential development on the uses being allowed only on the ground floor of the residential development and the uses occupying no more than 15% of the ground floor area of the residential development. The bill requires a faith-based organization, school district, or state college or university to notify the county assessor that a subject jurisdiction has allowed the construction of a residential development on a qualifying property within the county. (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 affords a plaintiff and defendant the right to trial by jury to decide all issues of fact in any action brought for unlawful detention of real property; except that, an action brought against a defendant who is a tenant of public housing that is owned or operated by a public housing agency must be tried by the court. The bill requires at least one attempt on 3 2 separate days of personal service on the defendant in an action for unlawful detention of real property. The bill requires an affidavit of service to be filed with the court. The bill requires a defendant who demands a trial by jury to make the demand in accordance with the Colorado rules of civil procedure or file a separate jury demand with the defendant's answer. The bill requires the court to set the date for trial no sooner than 10 days after the answer is filed. The bill authorizes the court to continue the trial if a party demands a trial by jury. The bill authorizes the court, upon its own motion or the motion of either party, to strike a jury demand and set the action for a trial by the court if the court determines that the defendant's answer only asserts equitable defenses and there is no dispute as to any material fact regarding the plaintiff's claim for possession of the premises or damages. The bill authorizes the court to allow either party, counsel for either party, and any witness to appear remotely by phone or video at a jury trial as an accommodation for a person with a disability or upon adequate assurances that the remote participation will not cause unreasonable delay. If either party requests a delay in a trial longer than 14 days, the bill authorizes the court, in the court's discretion upon a showing of a party's substantial likelihood of suffering serious economic harm, to require either party to give bond or other security to the opposite party for the sum that the party may be harmed due to the delay. The party required to make payment to the court must be given at least 7 days after the court's order to make the payment. If the party fails to make payment within the time required, the bill authorizes the court to extend the time for compliance or reset the hearing or trial for the next available date, but the court is prohibited from entering a default against the party. Upon a showing of indigency by the party required to make payment, the bill requires the court to waive or reduce the bond or other security, provide additional time to make payment, and permit the party to make multiple partial payments. Current law prohibits a written rental agreement from including a waiver of the right to a jury trial, except when the parties agree to a waiver of a jury in a hearing to determine possession of a dwelling unit. The bill removes this exemption. (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.)
Current law does not expressly allow for the state to recognize an arrest warrant issued by a Tribal court of a federally recognized Tribe (Tribal court). The act clarifies that a state court shall give full faith and credit to an arrest warrant issued by a Tribal court. Upon issuance of a Tribal court arrest warrant, a peace officer in the state may apprehend the person identified in the Tribal warrant if the peace officer verifies the validity of the warrant and confirms that the warrant permits extradition. The act outlines the court process for extradition cases arising from a Tribal court arrest warrant. Current law does not expressly allow for the recognition of a Tribal court behavioral health commitment order (commitment order). The act clarifies that a commitment order entered by a Tribal court that concerns a person under the Tribal court's jurisdiction is recognized to the same extent as a commitment order entered by a state court. A health-care provider may communicate with the officers of the Tribal court regarding a patient placed under the health-care provider's care pursuant to a commitment order to the same extent that the health-care provider may communicate with officers of the court pursuant to a commitment order entered by a state court. If a Tribal court issues an order rescinding the Tribal court's original commitment order, the state, county, or municipal law enforcement agencies; state courts; hospitals; behavioral health facilities; health-care providers; and others within the state responsible for providing services to the person subject to the commitment order shall recognize the order rescinding the Tribal court's original commitment order and release the person subject to the commitment order. (Note: This summary applies to this bill as enacted.)
The act continues the early childhood leadership commission (commission) housed in the department of early childhood for 5 years, repealing on September 1, 2030. Before its repeal, the commission is subject to a sunset review. (Note: This summary applies to this bill as enacted.)
A speech language pathology assistant (SLPA) is defined in the act as an individual who has a bachelor's degree or higher in speech-language pathology, communications disorders and speech sciences, or any other field that includes at least 24 semester hours in speech-language hearing sciences granted by an accredited institution of higher education. Only an individual who practices as an SLPA in accordance with statute or who is a school speech-language pathology assistant (school SLPA) authorized by the department of education may use the title "speech-language pathology assistant" or other terms that indicate that the individual is an SLPA or a school SLPA. An SLPA shall practice speech-language pathology only in collaboration with and under the direction and supervision of a certified speech-language pathologist (SLP). The act establishes requirements and guidelines for an SLP supervising an SLPA. The act prohibits an SLPA from engaging in certain speech-language pathology tasks, such as the diagnosis of patients and preparation of a treatment plan. An SLP may be disciplined for failing to properly direct and supervise an SLPA. The act repeals the regulation of SLPAs on September 1, 2033, subject to sunset review by the department of regulatory agencies. (Note: This summary applies to this bill as enacted.)
The act requires the state board of health (board) to allow the Colorado youth advisory council (council) to present to the board twice a year on issues regarding the youth opioid epidemic and other health issues. The act also allows the council to consult the prevention services division within the department of public health and environment during the stakeholding process for rule-making regarding opioid antagonists. Under current law, a school district, the state charter school institute, or a governing board of a nonpublic school may adopt and implement a policy that allows: A school to acquire and maintain a stock supply of opioid antagonists on school grounds or on a school bus; A school employee or agent who has received relevant training to administer an opioid antagonist to a person who is at risk of experiencing an opioid-related overdose; and A school employee or agent to furnish an opioid antagonist to any individual, including a student, if the student has received relevant training. The act: Permits a school to maintain an opioid antagonist in an automated external defibrillator or defibrillator cabinet in the school or on a school bus; Repeals the requirement that a school employee or agent must receive training prior to administering an opioid antagonist; and Creates an exception that a school employee or agent may furnish an opioid antagonist to a student who has not received relevant training if the employee or agent believes that the student is in a position to assist an individual who is suffering from an opioid-related drug overdose event or who is at risk of experiencing an opioid-related drug overdose event. Current law provides a specific list of eligible entities that a prescriber may prescribe or dispense an opioid antagonist to. The act eliminates the specific list and instead requires the state board of health to establish a list of eligible entities that a prescriber may prescribe or dispense an opioid antagonist to. The act permits a standing order allowing all eligible entities to distribute opioid antagonists. The act requires the department of public health and environment to furnish a report detailing youth overdose prevention during "SMART Act" hearings. (Note: This summary applies to this bill as enacted.)
The act includes a performance metric related to workplace violence in determining quality incentive payments made to hospitals. No later than September 1, 2025, the act requires the department of health care policy and financing (state department) and the quality incentives payments subcommittee of the Colorado healthcare affordability and sustainability enterprise board (board) to consult with a group of named stakeholders to develop recommended workplace violence metrics, determine whether any federal or private funds are available to assist hospitals in lowering the number of incidents of workplace violence, and develop legislative recommendations. The act requires the state department to include a progress report on developing workplace violence metrics during its 2026 "SMART Act" hearing. The act requires the board to include legislative recommendations it develops as part of its January 2027 report to the general assembly, the governor, and the medical services board. Beginning July 1, 2026, and each July thereafter, the act requires the state department to assess whether each hospital has adopted a formal policy to address workplace violence and submitted the reporting requirements to the department of public health and environment for the next federal fiscal year. The act exempts hospitals with fewer than 100 beds from the reporting requirements. (Note: This summary applies to this bill as enacted.)