Rep. Daneya Esgar

The act only takes effect if the voters statewide approve the repeal of constitutional provisions related to property tax assessment rates set forth in Senate Concurrent Resolution 20-001. Beginning with the property tax year that commences on January 1, 2020, the act creates a moratorium on changing property tax assessment rates. The act also makes conforming amendments to reflect the repealed constitutional provisions. (Note: This summary applies to this bill as enacted.)

Under current law, the alternative pilot programs to divert individuals with mental health conditions may operate in up to 4 judicial districts. The act allows the programs to be expanded into 5 or more judicial districts to increase the number of participants. (Note: This summary applies to this bill as enacted.)

Under current law, the general fund reserve requirement is equal to 7.25% of the amount appropriated for expenditure from the general fund for the fiscal year. The act reduces the percentage used to determine the general fund reserve as follows: 3.07% for fiscal year 2019-20; and 2.86% for fiscal years 2020-21 and 2021-22.(Note: This summary applies to this bill as enacted.)

Under current law, enacted by Senate Bill 17-267, the state executed the second of 4 tranches of lease-purchase agreements of up to $500 million in principal value each before the end of state fiscal year 2019-20 for the sole purpose of funding transportation projects. Due to a favorable interest rate environment, the state actually received more than $600 million of proceeds from the execution of this second tranche of lease-purchase agreements. The act requires the first $49 million of proceeds received in excess of $500 million to be credited to the capital construction fund and appropriated for controlled maintenance projects, including controlled maintenance projects that are capital renewal projects, instead of transportation projects. (Note: This summary applies to this bill as enacted.)

The act temporarily modifies the manner in which limited gaming tax revenues are allocated between the limited gaming fund and the extended limited gaming fund ( i.e. , the portion of limited gaming tax revenues derived from increased hours of operation, enlarged wagering limit, and the addition of craps and roulette, as authorized by Colorado voters with the passage of Amendment 50 in 2008) in order to more equitably address recovery in the years immediately following the global pandemic and economic recession of 2020. The modification ends in the fiscal year following the fiscal year in which total limited gaming tax revenues again equal or exceed the total limited gaming tax revenues collected in state fiscal year 2018-19.(Note: This summary applies to this bill as enacted.)

The act suspends, for 2 years, the operation of statutory provisions allocating specific amounts of revenue derived from the tax on limited gaming activity to the following cash funds: The Colorado travel and tourism promotion fund, administered by the board of directors of the Colorado tourism office; The advanced industries acceleration cash fund, administered by the Colorado office of economic development; The local government limited gaming impact fund, including the limited gaming impact account and the gambling addiction account, administered by the departments of local affairs and human services and local governmental entities; The innovative higher education research fund, administered by the higher education competitive research authority; The creative industries cash fund, administered by the council on creative industries; and The Colorado office of film, television, and media operational account cash fund, administered by the Colorado office of film, television, and media. The act also changes allocations within the local government limited gaming impact fund by: Eliminating a temporary earmarking of funds in the gambling addiction account for: A study, by the department of local affairs, to define the documented expenses, costs, and other impacts incurred directly as a result of limited gaming; and The development, by the department of human services, of a statewide program to address gambling addiction; and Making money available from the limited gaming impact account, in addition to the gambling addiction account, to award grants for the provision of gambling addiction counseling to Colorado residents. Finally, the act adjusts current long bill appropriations to fund the programs listed above for the 2020-21 state fiscal year. (Note: This summary applies to this bill as enacted.)

Before the enactment of the act, existing law, enacted by Senate Bills 18-001 and 19-263, required that a ballot issue seeking approval for the issuance of transportation revenue anticipation notes (TRANs) be submitted to the voters of the state at the November 2020 general election. If the ballot issue had been approved, the requirement, enacted by Senate Bill 17-267, that the state execute 2 separate tranches of up to $500 million each of lease-purchase agreements in state fiscal years 2020-21 and 2021-22 for the purpose of funding transportation would have been repealed. Existing law, enacted by Senate Bill 19-239, also required department of transportation (CDOT) rule-making and reporting relating to motor vehicles used for certain types of commercial purposes. The act: Delays from the November 2020 general election to the November 2021 statewide election the requirement that a ballot issue seeking approval for the issuance of transportation revenue anticipation notes (TRANs) be submitted to the voters of the state; Amends the ballot issue to reduce the amount of TRANs authorized to be issued by $500 million to offset the additional $500 million of lease-purchase agreement transportation funding that becomes available because the approval of the ballot issue at the November 2020 general election will repeal only the state fiscal year 2021-22 and tranche of Senate Bill 17-267 lease-purchase agreements, rather than both the state fiscal year 2020-21 and 2021-22 tranches of such lease-purchase agreements; Eliminates 2 statutory transfers of $50 million each from the general fund to the state highway fund that are scheduled under current law to be made on June 30, 2021, and June 30, 2022; Reduces the amount of general fund money dedicated to make lease-purchase agreement payments due in state fiscal years 2020-21 and 2021-22 by $12 million per year by increasing the amount of such payment to be paid by the department of transportation from its other sources of legally available money by $12 million per year; Makes corresponding adjustments to the state fiscal year 2020-21 long bill appropriations to the department of treasury for lease-purchase agreements that decrease the general fund appropriation by $12 million and increase the cash funds appropriation from various cash funds under the control of the transportation commission by $12 million; and Repeals the CDOT rule-making and reporting requirements relating to motor vehicles used for certain types of commercial purposes.(Note: This summary applies to this bill as enacted.)

Current law requires appropriations of $750,000 for state fiscal years 2019-20 through 2023-24 from the marijuana tax cash fund to the center for research into substance use disorder prevention, treatment, and recovery support strategies to implement a program to increase public awareness concerning the safe use, storage, and disposal of opioids and the availability of naloxone and other drugs used to block the effects of an opioid overdose. The act reduces the appropriation to $250,000 for state fiscal years 2020-21 through 2023-24. (Note: This summary applies to this bill as enacted.)

The act removes the requirement that the state department of human services (department) implement a behavioral health capacity tracking system and make available to the public appropriate information from the capacity tracking system, unless money is appropriated for the system. The act removes the requirement that the department implement a care navigation program to assist engaged clients in obtaining access to treatment for substance use disorders, unless money is appropriated for the program. The act requires the department to report to the general assembly if the care navigation program is implemented. For the 2020-21 fiscal year, the act reduces the appropriation from the marijuana tax cash fund, created in section 39-28.8-501, to the department of human services by $546,013. (Note: This summary applies to this bill as enacted.)

The act directs the public utilities commission (PUC) to exercise its existing authority to require information from regulated public utilities in the areas of: The number of utility customers who are exempted from tiered rates due to a medical condition or the use of medical equipment requiring higher amounts of electricity than other customers, and the efforts the public utilities are taking to ensure that customers entitled to the exemption are able to do so; and Disconnections and delinquencies, including the number of disconnections and a narrative analysis of any trends or inconsistencies revealed by the data. The act also raises the income threshold for eligibility for a medical exemption from tiered electricity rates from 250% of the federal poverty level (FPL) to 400% of the FPL. The act directs the PUC, on or before September 1, 2020, to open rulemaking proceedings to prescribe standard practices for disconnection due to nonpayment, including the provision of resources to support customers in multiple languages, as appropriate to the geographic areas served; standard terms for repayment plans to cure delinquencies; and a prohibition on remote disconnection without a reasonable attempt to make contact with the customer of record by telephone or engaging in a personal, physical visit to the premises. For any change in a public utility's rate design approved on or after September 1, 2020, the act requires that the change of design be revenue-neutral and creates a presumption that a change of design that has a disproportionate impact on low-income residential customers compared to other residential customers is presumed to be contrary to the public interest. The act appropriates $16,545 to the department of regulatory agencies for use by the PUC. (Note: This summary applies to this bill as enacted.)