Rep. Tisha Mauro

The act establishes requirements regarding guaranteed asset protection agreements (GAP agreement). A GAP agreement relieves a consumer of liability for all or part of the deficiency balance remaining after the payment of all insurance proceeds upon the total loss of the consumer's motor vehicle. The act permits a creditor to collect additional charges for a GAP agreement as part of a consumer credit transaction. The act sets forth requirements related to GAP agreements, including: Setting conditions and provisions that must be a part of any GAP agreement in order for it to be valid; Establishing the method by which the deficiency balance is calculated and what the consumer will be owed pursuant to the GAP agreement in the event of a total loss; Detailing procedures for when a consumer files a claim under the consumer's GAP agreement after a total loss; Establishing procedures and methods for the cancellation or assignment of a GAP agreement; Establishing the maximum fee that may be charged for a GAP agreement, which must not exceed 4% of the total amount financed in the consumer credit transaction or $600, whichever amount is greater; and Prohibiting the sale of a GAP agreement in specified circumstances, such as when the loan to value ratio in the GAP agreement exceeds 150%. APPROVED by Governor June 7, 2023 EFFECTIVE January 1, 2024 NOTE: This act was passed without a safety clause. (Note: This summary applies to this bill as enacted.)

Section 2 of the act requires the state electrical board (board) to adopt rules requiring compliance, starting March 1, 2024, with the provisions of the model electric ready and solar ready code that require multifamily buildings to comply with the electric vehicle (EV) power transfer infrastructure requirements. The board is precluded from adopting rules that prohibit the installation or use of EV charging stations unless the rules address a bona fide safety concern. Sections 3 and 4 expand the prohibition against a landlord of rental property or a management association (association) of a common interest community from unreasonably prohibiting the installation of EV charging equipment in the leased premises or a unit in the common interest community (unit) to also apply to an assigned or a deeded parking space for the leased premises or unit, to parking spaces accessible to both the tenant or unit owner and other tenants or unit owners, and to commercial rental property.A landlord or association must also allow an EV or a plug-in hybrid vehicle to park on the premises. Colorado law grants a local government the ability to regulate parking, and this regulation includes requiring that buildings meet minimum parking standards. Sections 5, 6, and 7 require a local government, when counting minimum parking spaces, to count: Any parking space that is served by an EV charging station as at least one standard automobile parking space; and Any van-accessible parking space that is wheelchair accessible and served by an EV charging station as at least 2 standard automobile parking spaces. Sections 8 and 9 prohibit local governments from adopting an ordinance or a resolution that prohibits the installation or use of EV charging stations or restricts parking based on a vehicle being a plug-in hybrid vehicle or plug-in electric vehicle unless the ordinance or resolution addresses a bona fide safety concern. The decision is subject to judicial review. Sections 10 and 11 give local governments that have electrical, elevator and escalator, and plumbing codes adopted by reference to state codes the option to not adopt certain energy efficiency codes when their electrical, elevator and escalator, and plumbing codes are automatically updated because the state has updated these codes. Section 12 exempts, until 2030, EV charging systems from the levy and collection of property tax. Federal law prohibits the construction of automotive service stations or other commercial establishments for serving motor vehicle users along interstate highway rights-of-way, including rest areas. Due to this prohibition, the state cannot construct EV charging systems along interstate highway rights-of-way, including rest areas, in the state. Section 13 specifies that, when the federal law no longer prohibits the construction of EV charging systems along interstate highway rights-of-way, the department of transportation may collaborate with public or private entities to develop projects for the construction of EV charging systems along interstate highway rights-of-way. In addition, the department of transportation may develop these types of projects along state highways. Section 14 defines the phrase "disproportionately impacted community" for state government to include communities in which: The proportion of households that are below 200% of the federal poverty level is greater than 40%; The proportion of households that spend more than 30% of household income on housing is greater than 50%; The proportion of the population that identifies as people of color is greater than 40%; The proportion of the population that is linguistically isolated is greater than 20%; The population has a history of being subject to environmental racism perpetuated through redlining or through anti-indigenous, anti-immigrant, anti-Latino, or anti-Black laws, policies, or practices and that present-day demographic factors and data demonstrate that the community currently faces environmental health disparities; The community is identified by a statewide agency as being one where multiple factors, including socioeconomic stressors, vulnerable populations, disproportionate environmental burdens, vulnerability to environmental degradation or climate change, and lack of public participation, may act cumulatively to affect health and the environment and may contribute to persistent disparities; The community is a mobile home park; or The community is located on the Southern Ute or Ute Mountain Ute Indian reservation. All statewide agencies are required to use the definition of disproportionately impacted community, but the agencies are given flexibility in applying the definition. APPROVED by Governor May 23, 2023 EFFECTIVE May 23, 2023(Note: This summary applies to this bill as enacted.)

The bill requires the division of administration in the department of public health and environment, on and after January 1, 2024, to use quality-assured data to determine the maximum amount of a pollutant that can be discharged daily into state waters without exceeding applicable water quality standards. (Note: This summary applies to this bill as introduced.)

Colorado law limits the amount of uncommitted money that may remain in a cash fund at the end of a state fiscal year to 16.5% of the amount spent during the fiscal year. The act exempts the agricultural products inspection cash fund from the 16.5% uncommitted balance limit and instead imposes a limit of 50% of the amount spent from the fund during the fiscal year. APPROVED by Governor April 20, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.(Note: This summary applies to this bill as enacted.)

The act allows a metropolitan district, which has existing authority to levy a sales tax to fund safety protection, street improvement, transportation, and fire protection services, to also levy a sales tax to provide parks or recreational facilities or programs within the district in which the tax is levied. APPROVED by Governor April 17, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)

The law allows a municipality to levy a lien against real property for costs associated with removing weeds, brush, and other rubbish from the property. Such a lien has priority over other liens, except liens for general taxes and prior special assessments imposed by a municipality. A municipal clerk may certify such a lien to a county treasurer for collection. The act requires a county treasurer to accept such a municipal lien for collection if a municipality records a notice of lien within 4 months of abating the nuisance and certifies the amount of the unpaid assessment for which the lien was levied to the county treasurer within one year of recording the notice of lien. APPROVED by Governor April 3, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)