Rep. Lesley Smith

Current law requires the division of administration (division) within the department of public health and environment to report annually to the water quality control commission (commission) and to include in the report any regulatory or legislative recommendations the division may have. The act requires the report to also include: Information on the division's timing in considering and issuing water quality permits (permits); and For the report submitted in 2026, a detailed discussion of how the division has prioritized reducing the permit backlog, implemented recommendations from water quality permittees (permittees) for permitting efficiency, and increased safe drinking water program inspections. The act requires the division, upon receipt of an application to modify a permit, to limit its review and its approval or denial of the application to the scope of the specific requests contained in the application. The act requires the commission to adopt rules on or before December 31, 2026, that establish procedures whereby the division, prior to giving public notice of a complete permit application for an individual permit and the division's preliminary analysis of the application, may provide a period of public notice and review of a preliminary draft prepared by the division. If a period of public notice and review is required by rules of the commission, the period of public notice and review may not exceed 14 days, and the purpose of the review is limited to identifying errors in the division's preliminary draft. On or before December 31, 2027, the division must propose rules to the commission that establish a time frame during which the division will either grant or deny applications for each type of permitting action. On or before June 30, 2028, the commission shall adopt rules based on the division's proposal. The rules must establish the time frames for permitting actions. The act requires the division to consider current debt service on existing local government water infrastructure when developing schedules of compliance for new effluent limits in local government permits. Any schedule of compliance for new effluent limits in local government permits must, consistent with state and federal law, consider the local government's financial capability to repay existing debt on water infrastructure or to fund water infrastructure upgrades before requiring new water infrastructure upgrades. To the extent allowable under federal law, the division may issue compliance schedules in a local government permit for a new effluent limit in excess of 20 years. The act states that, on and after May 1, 2026, after an application for permit modification or permit renewal has been pending before the division for 60 days, or for any application for permit modification or permit renewal that is pending before the division as of May 1, 2026, or if the division informs an applicant that the division will not process an application for preliminary effluent limitations, the applicant and the division may mutually agree to use a qualified and independent nongovernmental contractor (contractor) under the direction of the division to provide the division with technical assistance in completing the permit action. An applicant shall bear the contractor's costs for any technical assistance provided by the contractor and shall pay the contractor for such costs. The division may charge an applicant an additional fee in an amount not exceeding 10% of the contract amount for contract administration, technical review, and additional permit processing, which fee is credited to the clean water cash fund. The act requires the division, upon a permittee's request, to make available to the permittee all documents, data, and information the division relied upon in developing the permittee's permit modification or permit renewal, except to the extent that such materials are protected by an applicable privilege or exception. The act makes the following transfers of money: On July 1, 2025, $111,000 from the water quality improvement fund to the drinking water cash fund; On July 1, 2025, $3,518,564 from the perfluoroalkyl and polyfluoroalkyl substances cash fund to the clean water cash fund; On July 1, 2026, $3,002,435 from the perfluoroalkyl and polyfluoroalkyl substances cash fund to the clean water cash fund; and On July 1, 2026, $516,129 dollars from the perfluoroalkyl and polyfluoroalkyl substances cash fund to the drinking water cash fund. For the 2025-26 state fiscal year, the act appropriates $2,904,599 to the department of public health and environment. This appropriation consists of $446,315 from the drinking water cash fund and $2,458,284 from the clean water cash fund. For the 2025-26 state fiscal year, the act appropriates $160,611 to the department of law. This appropriation is from reappropriated funds received from the department of public health and environment. The act also makes and reduces certain appropriations as adjustments to the 2025 general appropriations act. (Note: This summary applies to this bill as enacted.)

The act implements and describes the operation of the pediatric primary care practice program (primary care program) in the department of early childhood (department). The purpose of the primary care program is to provide funding and support to a pediatric primary care medical practice (medical practice) to integrate into the medical practice a professional who specializes in whole-child and whole-family health and well-being. The department shall contract with an implementation partner (primary care partner) to implement, operate, and administer the primary care program. The primary care partner shall create and implement a team-based, research-informed pediatric primary care practice evidence-based model (evidence-based model). The evidence-based model must be a comprehensive approach to guide pediatric care medical practices to deliver services to children from birth to 3 years of age and their families. The primary care partner shall: Establish an application and selection process with the department for select medical practices to participate in the primary care program; Review applications from medical practices and select applicants to participate in the primary care program; Work with selected applicants to complete assessments on the applicants' community health-care systems, health and well-being practices, and related concerns; and Train and support the medical practices selected to participate in the primary care program to maintain fidelity to the evidence-based model. The executive director of the department may adopt rules to carry out the purposes of the primary care program. (Note: This summary applies to this bill as enacted.)

Section 1 of the act defines the board of trustees of the public employees' retirement association (board) as a local public body for purposes of the open meetings law. Section 2 limits the terms of both elected and appointed members of the board to not more than 2 consecutive 4-year terms; except that the state treasurer is not subject to the 2-term limit. A former trustee who has served 2 consecutive terms may be reelected or reappointed to the board after not serving on the board for a period of at least one term. Section 2 also clarifies how such term limits apply in the case of a vacancy appointment. Section 3 requires the board, on and after January 1, 2025, to conduct its meetings in accordance with the open meetings law as a local public body and requires the board to post and regularly maintain and update the public employees' retirement association's (association) website with information including: The notice with specific agenda information, if available, for the board's next public meeting; The policy for and process by which a member of the public may participate in any public meeting of the board; A link or other means of public access to the records of past public meetings of the board; and The official email address of the board. Section 3 also requires that, on or before January 1, 2026, and on or before January 1 of each calendar year thereafter, the board post certain financial information of the association on the association's website. Section 4 clarifies that, while the board may delegate any of its responsibilities, duties, and powers to the executive director of the association or other designated agents, the board retains authority and responsibility for the management of the association and all its statutory duties and powers through a specified existing administrative process. (Note: This summary applies to this bill as enacted.)

The act creates a civil cause of action for a peace officer if the peace officer reports or discloses conduct that is in violation of, or the peace officer reasonably believes is in violation of, any law or policy and the report or disclosure is a contributing factor in the employer of the peace officer's decision to take adverse employment action against the peace officer. A peace officer may seek the following damages: Reinstatement; Back pay with interest; Any other equitable relief the court deems appropriate; Compensatory damages for other pecuniary losses, emotional pain and suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses; and Reasonable attorney fees and costs. The act creates an affirmative defense to the action if the peace officer's employer would have taken the action that forms the basis of the suit against the peace officer based on a legitimate nonretaliatory basis. The action is not subject to the "Colorado Governmental Immunity Act". The statute of limitations to bring the action is 2 years. The act does not apply to an employee who provides false information or who does not follow internal reporting and administrative procedures related to whistleblower conduct. All law enforcement agencies shall provide a training to employees or a workplace posting, or both, regarding the requirements of the act. (Note: This summary applies to this bill as enacted.)

The act exempts the following from the "Consumer Repair Bill of Rights Act": Devices, components, or systems designed to perform or facilitate quantum information processing; and Quantum sensing devices that exploit quantum phenomena in certain instances.(Note: This summary applies to this bill as enacted.)

The act amends and makes additions to existing law concerning security deposits that tenants submit to landlords and the conditions under which a landlord may retain all or part of a security deposit. For the purposes of security deposits, the act expands the definition of "normal wear and tear". Under current law, a landlord may not retain a security deposit to cover normal wear and tear and, if actual cause exists for retaining any portion of a security deposit, the landlord must provide the tenant: A written statement listing the exact reasons for the retention (written statement); and The difference between any sum deposited and the amount retained. The act states that a landlord may not retain a security deposit to cover any damage or defective condition that preexisted the tenancy and, if the landlord delivers the written statement within fourteen days after a written request by the tenant, the landlord must also deliver any relevant documentation in the landlord's possession or control. Upon a landlord's or tenant's request, if reasonable and practicable, the act requires a landlord and tenant to conduct a walk-through inspection, either in person or via a telecommunication-assisted interactive walk-through, of the dwelling unit to identify in writing any damage or defective conditions that are beyond normal wear and tear and that did not preexist the tenancy. The landlord must provide a walk-through inspection at a time that is mutually convenient to the parties, before the termination of the lease or the surrender of the premises, and after the tenant has had the opportunity to remove furniture. A landlord wrongfully withholds a security deposit or any portion of it if the landlord: Fails to timely provide the written statement and any required documentation; Provides a written statement that fails to list the exact reasons for retaining any portion of the security deposit; Fails to timely return the difference between any sum deposited and the amount retained; or Retains a security deposit or any portion of it in bad faith. A landlord retains a security deposit or any portion of it in bad faith if the amount retained: Unreasonably exceeds the amount of actual damages; Is retained without actual cause; Is an amount the landlord knew or should have known exceeded the actual damages; or Is retained solely or in part for an unlawful, retaliatory, or discriminatory purpose. A landlord is presumed to have retained an unreasonable amount of a security deposit if the amount retained is 125% or greater than the amount of the actual damages. In any court action brought by a tenant under the act, the landlord bears the burden of proving the amount of actual damages the landlord incurred. Under current law, upon cessation of a landlord's interest in a dwelling unit, the person in possession of a tenant's security deposit must either transfer the security deposit to the landlord's successor in interest or return the security deposit to the tenant within a reasonable time. The act states that this must be done within 60 days after cessation of the landlord's interest in the dwelling unit. If a landlord's payment refunding a tenant's security deposit or any portion of it is returned to the landlord, the landlord must hold the payment for at least one year after receiving it and must disburse the payment to the tenant within 15 calendar days upon the tenant's request. A landlord does not have actual cause to retain any amount from a security deposit for the replacement of carpet or painting unless there is substantial and irreparable damage to the carpet, or substantial damage to the paint, that exceeds normal wear and tear and did not preexist the tenancy. If a landlord has actual cause, the landlord may retain only the minimum amount necessary to replace the carpet or to repaint in the area that is damaged. A landlord may not deem carpet substantially and irreparably damaged if it has not been replaced with new carpet within the 10 years preceding the termination of the lease or surrender of the premises. The act takes effect January 1, 2026. (Note: This summary applies to this bill as enacted.)

The division of water resources in the department of natural resources (division) is responsible for administering water rights and issuing water well permits, among other duties. Under current law, after having received a permit to appropriate designated groundwater or construct a well outside the boundaries of a designated groundwater basin, a permit holder is required to construct the well within one year after the date of issuance of the permit. If the well is not constructed within one year, the permit expires; except that the ground water commission (commission) in the division or the state engineer, as applicable, may grant a single one-year extension. The act extends the time frame for construction of a well to 2 years, eliminating the need for the commission or the state engineer to approve a one-year extension to the initial one-year construction time frame, except for permits issued for federally authorized water projects. The act also removes the requirement that the commission or state engineer must mail a certified letter to the permit holder before a permit can be formally expired. The act allows the commission or state engineer to reinstate an expired permit if the applicant for reinstatement of the permit can show that the well was completed in a timely manner and submits a $30 fee. Under current law, the division engineer of each water division is required to decennially present to the water court a list of water rights that meet the criteria for abandonment. The act splits this decennial abandonment process into 2 batches, grouped by water division and spaced 5 years apart, beginning with 2030 and 2035. The act maintains the requirement that the abandonment process be performed every 10 years in each water division. The act extends certain time frames relating to the well permitting process. Lastly, the act eliminates final permitting requirements for non-Denver Basin bedrock aquifer wells in the designated basins. (Note: This summary applies to this bill as enacted.)

The act creates the Colorado sexual assault forensic medical evidence review board (board), consisting of the attorney general, or their designee, as board chair; the executive director of the Colorado district attorneys' council, or their designee; and various members appointed by the attorney general or the governor. The board's duties include reviewing and monitoring processes related to sexual assault response, making recommendations to improve sexual assault response, and submitting an annual report concerning its duties. The act creates a notification requirement under the "Victim Rights Act" that requires a law enforcement agency to notify a victim every 90 days when the law enforcement agency has not received the results of the forensic medical evidence DNA analysis from an accredited crime laboratory. The act requires an accredited crime laboratory to endeavor to analyze forensic medical evidence within 60 days after its receipt. The act expands public reporting requirements concerning forensic medical evidence and DNA evidence backlogs. For the 2025-26 state fiscal year, the act appropriates $112,365 from the general fund to the department of law for use by the administration division to implement the act. (Note: This summary applies to this bill as enacted.)

The act extends the time frame within which a governing body of a city, town, or city and county with jurisdiction in an area within the wildland-urban interface is required to adopt wildfire codes and standards that meet or exceed the wildfire resiliency code board's wildfire codes and standards from 3 to 9 months after the board's adoption of wildfire codes and standards. The act allows a governing body to enter into a cooperative agreement with another entity, such as a third-party contractor or another governing body, in order to enforce wildfire codes and standards. (Note: This summary applies to this bill as enacted.)

The act requires the department of higher education (department), subject to available appropriations, to develop and maintain a free, publicly accessible online platform (platform) to provide current and potential students who are pursuing postsecondary education in Colorado with relevant information about which credits and courses, work-related experiences, and prior learning opportunities are transferable to or between the state's public institutions of higher education (institution). On or before January 1, 2026, an institution may submit to the department for inclusion in the platform: A comprehensive record, from the fall 2023 term onward, of the institution's awards of postsecondary transfer credit for all courses that the institution has identified as having learning outcomes equivalent to corresponding offerings at other institutions; and Descriptions of the institution's policy on work-related experiences or prior learning opportunities, and the credentials, licenses, or apprenticeship certificates for which the institution awards postsecondary academic credit. Using the data provided by an institution, the department shall include in the platform information about the transferability to or between institutions for several sources of postsecondary academic credit. These sources include courses in the statewide common course numbering system, now referred to as the guaranteed transfer pathway matrix, and credits earned through various standardized tests. A not-for-profit private institution of higher education may, but is not required to, submit applicable information for inclusion in the platform. The act creates the postsecondary transfer credit platform cash fund to accept gifts, grants, and donations for the development, implementation, and maintenance of the platform. (Note: This summary applies to this bill as enacted.)