Rep. Lesley Smith

For construction of multifamily, attached housing of 2 or more units, the act creates the multifamily construction incentive program (program). A builder may chose to participate in the program by: Providing a warranty that covers any defect and damage at no cost to the homeowner for specified periods; Having a third-party inspection performed on the property; and Recording a notice of election to participate in the program in the real property records before the property is offered for sale. For construction defect claims brought for the construction of housing for which the builder is a participant in the program, the act: Requires a claimant to file a certificate of review with the complaint, if the complaint is against an architect or engineer; Limits actions to claims that have resulted in: Actual damage to real or personal property; actual loss of the use of real or personal property; actual bodily injury or wrongful death; an unreasonable reduction in the capability of, or an actual failure of, a building component to perform an intended function or purpose; or an unreasonable risk of bodily injury or death to, or a threat to the life, health, or safety of, the occupants of the residential property; and Requires that a construction professional must send or deliver to the claimant an offer to settle the claim or a written response that identifies the standards that apply to the claim and explains why the defect does not require repair. For all construction defect claims, the act: Establishes a claimant's duty to mitigate an alleged construction defect and specifies how a claimant may satisfy this duty and the consequences to a claimant that fails to satisfy this duty; Requires a construction professional who is the defendant in a construction defect action to submit specified information to the claimant; Prohibits an insurer from cancelling, denying, or reducing coverage based on any claim for benefits covered by an existing liability insurance policy issued to a construction professional based on the construction professional's offer to repair or settle a construction defect claim; Tolls the statute of limitations or repose during a claimant's mitigation of an alleged construction defect; Increases the percentage of owners that an executive board of a unit owners' association (executive board) must obtain approval from before initiating a construction defect claim on behalf of the owners from a majority to 65%; and Requires an executive board that is successful in a construction defect claim or settlement to first use the net monetary damages or net proceeds received as a result of the claim to repair the construction defect. The act requires a local government to establish a fast-track approval process for an application for for-sale multifamily condominium projects in order to qualify for assistance from the state affordable housing fund. (Note: This summary applies to this bill as enacted.)

The"Freedom From Intimidation In Elections Act" is created and prohibits any individual from intimidating, threatening, or coercing or attempting to intimidate, threaten, or coerce any individual for: Voting or attempting to vote; Urging or aiding any individual to vote or attempt to vote; Exercising any powers or duties to administer elections, including vote counting, canvassing, and election certification; or The individual's status as a past or present participant in the administration of elections. The act specifies that an individual who carries a visible firearm, imitation firearm, or toy firearm while interacting with or observing any of the specified election-related activities is presumed, in the absence of any affirmative showing to the contrary by a preponderance of the evidence, to have engaged in intimidation prohibited by the act; except that the presumption does not apply to a law enforcement officer or a uniformed security guard acting within the scope of their authority, and mere possession of a holstered firearm by such an officer or guard while interacting with or observing any of the specified election-related activities does not violate the Act. An aggrieved individual, an election official, a designated election official, the secretary of state, or the attorney general may enforce the provisions of the act. A suit brought by an election official, a designated election official, the secretary of state, or the attorney general does not preclude a contemporaneous private suit by an aggrieved individual to enforce the provisions of the act. In a suit to enforce the provisions of the act, a court may grant relief enjoining the use or carrying of firearms by a defendant beyond the existing prohibitions on using or carrying firearms in or near polling locations drop boxes and in or on the property of ceratin types of government buildings. To prevail in a suit to enforce the provisions of the act, a plaintiff is not required to prove that a defendant intended to intimidate, threaten, or coerce any individual, except to prove an attempt to intimidate, threaten, or coerce, but a court may consider evidence of intent in determining the appropriate relief. (Note: This summary applies to this bill as enacted.)

The act allows a transmission developer to co-locate longitudinally high voltage transmission lines within a state highway right-of-way (right-of-way), according to a process developed by rule by the department of transportation (department). Upon the request of a transmission developer, the department is required to provide to the transmission developer the best available information on potential future state highway development projects that could impact the placement of a high voltage line within a right-of-way. If the department and a transmission developer agree that a site may be suitable for high voltage line development and preconstruction requirements are approved, the transmission developer is required to provide a constructability, access, and maintenance report that includes mitigation strategies for potential impacts of the proposed high voltage line. Beginning on January 1, 2027, a transmission developer is required to make a report with the following information available on a public-facing website within 30 days of filing for a local permit for the construction or development of high voltage lines: A description of the analysis undertaken for route selection; An evaluation of the economic impacts, engineering considerations, and reliability of the electric system; and Information demonstrating that, in assessing potential sites for the placement of high voltage lines, a transmission developer has considered or is considering development sites in the following order of priority: First, existing utility corridors; second, rights-of-way; and last, new utility corridors. A transmission developer is not required to select an existing utility corridor or a right-of-way for development of high voltage lines. A transmission developer seeking to locate a high voltage line within a right-of-way within the exterior boundaries of an Indian reservation is required to obtain the written consent of the applicable tribal government. A transmission developer is required to compensate the department for its co-location of high voltage lines in a right-of-way, either through a public-private initiative or by paying surcharges as established by the department by rule. The act also requires the Colorado electric transmission authority, through a public-private partnership and in collaboration with the department, the Colorado energy office, the Colorado public utilities commission, and other state agencies, including the division of parks and wildlife, to study state highway corridors to identify potential corridors that may be suitable for high voltage transmission line development and to publish and share with specified state agencies a report on the findings of the study. The act also aligns the definition of a real estate appraiser with federal law. (Note: This summary applies to this bill as enacted.)

The act allows a currently licensed Colorado teacher seeking to add an early childhood education endorsement, early childhood special education endorsement, elementary education endorsement, or special education generalist endorsement to demonstrate professional competencies by submitting evidence of achieving sufficiently high education coursework grades on coursework aligned with relevant standards as approved by the department of education. If the applicant spots for the multiple measures pathway are not filled, the act allows currently licensed Colorado teachers who are seeking additional licensure endorsements to demonstrate professional competencies using the multiple measures pathway. The act clarifies that 4-year institutions of higher education that offer programs of off-campus instruction and that have courses included in the guaranteed transfer pathway matrix or that are part of a statewide degree transfer agreement may participate in the teacher recruitment education and preparation program. (Note: This summary applies to this bill as enacted.)

Under current law, a person engages in an unfair and unconscionable act or practice in violation of consumer protection laws if the person engages in price gouging during a declared disaster emergency. The act provides that a person engages in price gouging in the sale or offer for sale of certain goods or services if, after the governor declares a disaster emergency, which declaration may be based on a market disruption, the price of the good or service is increased by 10% or more above the price at which a similar good or service was sold or offered for sale before the disaster began. The act also establishes that seasonal pricing is not considered unreasonably excessive pricing and therefore is not price gouging. (Note: This summary applies to this bill as enacted.)

Under current law, the independent ethics commission created in article XXIX of the state constitution does not have jurisdiction over officials or employees of special districts or school districts. The bill gives the independent ethics commission jurisdiction to hear complaints, issue findings, assess penalties, and issue advisory opinions on ethics issues concerning a special district official or employee or school district official or employee. However: "Officials" include only members of a school district or special district board; "School district employee" includes only the superintendent or head administrative officer designated by a school board to execute its policy decisions who is appointed or hired by, directly reports to, and is subject to the direction of the school district board; and "Special district employee" includes only an employee of a special district who is appointed or hired by, directly reports to, and is subject to the direction of the special district's board. Existing law establishes ethical standards for a special district official or employee or school district official or employee. The bill incorporates those standards under the independent ethics commission's jurisdiction and expands the standards to include those described in article XXIX of the state constitution. The bill appropriates $120,856 in general fund to the judicial department for use by the independent ethics commission for the 2025-26 state fiscal year. To implement the bill, the commission may use $96,917 for program costs and $23,939 for the purchase of legal services. The bill also appropriates $23,939 to the department of law for the 2025-26 state fiscal year. This appropriation is from reappropriated funds received from the bill's appropriation to the judicial department. To implement the bill, the department of law may use this appropriation to provide legal services for the independent ethics commission. (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 act provides that, after the state housing board (board) adopts rules about any activity required to undertake or complete the construction or installation of a factory-built nonresidential structure, a factory-built residential structure, or a factory-built tiny home (factory-built structure), the state plumbing board, the state electrical board, and the state fire suppression administrator do not have jurisdiction over and their rules do not apply to a factory-built structure. The advisory committee on factory-built structures and tiny homes (advisory committee) is required to develop regional building codes standards accounting for local climatic and geographic conditions and fire suppression activities to ensure safety, to apply the most stringent of these requirements for the construction and installation of factory-built structures, and to develop implementation requirements. The advisory committee must submit the recommended codes and implementation requirements to the board. Any future statewide adopted codes contemplated in statute must be vetted through the advisory committee for consideration for adoption by the board. The act requires that plumbing or electrical installations that connect factory-built structures to external utility sources and that are not considered actions to complete the installation of a factory- built structure as required by a registered installer must be completed by a licenced plumber or electrician under a registered plumbing or electrical contractor. The inspection and inspectors of these installations, other than those authorized to be performed by a registered installer, must be performed by licensed plumbing or electrical inspectors. During the 2026 legislative session, the department of local affairs (department) shall present the recommendations of the advisory committee related to the development of regional building codes accounting for local climatic and geographic conditions and fire suppression activities, and improved coordination between the state and local permitting process onsite for the construction and installation of factory-built structures, to the senate local government and housing committee and the house transportation, housing, and local government committee prior to consideration and adoption by the board. The department shall report on the outcomes as part of its 2031 "SMART Act" hearing. On or before July 1, 2026, the board must adopt rules: Establishing regional building code standards from the advisory committee that account for local climatic and geographic conditions, and fire protection and suppression activities for the construction and installation of factory-built structures developed by the advisory committee, which supersede any conflicting ordinance, code, regulation, or other law of a local government unless the local government adopts the rules of the board; Establishing requirements based on the recommendations developed by the advisory committee, including the continued authorization of a local government certified by the division of housing (division) to perform inspections of factory-built structures on behalf of the division and registration, responsibility, and accountability requirements for a manufacturer, installer, seller, or general contractor who develops the installation site or completes the construction of a factory-built structure at the installation site; Covering electrical or plumbing codes required to undertake or complete the construction or installation of a factory-built structure; Allowing the division to contract for third-party review and approval of a final design and construction plan for a factory-built structure on behalf of the division; Allowing the division to create a process for vetting and approving the ability of a third party to review and approve a final design and construction plan for a factory-built structure on behalf of the division; and Requiring the division to cause an audit to be performed on a third party that reviews and approves design and construction plans, on a third party that conducts inspections on its behalf, of contracts of sellers to verify compliance, and to ensure protection of down payments made by purchasers that are retained by the seller of manufacturer. A county or municipality may not: Enact a regulation that excludes factory-built structures from the county or municipality; Impose more restrictive standards on factory-built structures than those that the county or municipality applies to site-built homes in the same residential zones in the county or municipality; or Enact or enforce a regulation, law, or ordinance affecting the installation or construction of a factory-built structure that is more stringent than a regulation, ordinance, or law that applies to other types of construction. A county or municipality may enact: Land use regulations to the extent that the regulations are applicable to existing similar housing or structures or new site-built housing in the county or municipality; A building code provision for unique public safety requirements unless the provision applies to a factory-built structure; and Rules regulating above-grade site-built components of a factory-built structure. Factory-built homes certified by the division prior to the effective date of the regional building code standards adopted by the board are subject to state or local rules concerning unique public safety requirements related to geographic conditions or wildfire risk relating to the construction and installation of the structures existing before the effective date of the regional building code standards. A county or municipality must comply with the requirements established by the division for factory-built structures and by the United States department of housing and urban development for manufactured homes. The act repeals the ability of local governments to adopt different standards for factory-built housing than those adopted by the division only if: The board adopts rules establishing requirements for factory-built housing based on the recommendations of the advisory committee; and The board notifies the revisor of statutes in writing via email of the adoption of the rules. The act changes the composition of the advisory committee from 15 to 19 members. The membership changes include the: Addition of four members from building code enforcement, each representing a local building department from climate zones 4, 5, 6, and 7, instead of 3 members from building code enforcement; Removal of a member with experience in mechanical engineering or contracting; Substitution of a member who is a licensed electrician who may be employed by the department of regulatory agencies for a member from electrical engineering or contracting; Substitution of a member who is a licensed plumber who may be employed by the department of regulatory agencies for a member from the plumbing industry; Removal of a member from the construction design or producer industry; Substitution of 3 members from factory-built structure construction for 2 members from manufactured housing; Subtraction of one of the 2 current members from the tiny home industry; Addition of one member who is a developer specializing in the use of factory-built structures in projects; Addition of one member from climate resiliency; Addition of one member who is a registered installer; Addition of one member who is a registered seller; and Addition of one member who is an individual representing emergency services or management. The state treasurer shall transfer $600,000 on July 1, 2025, from the innovative housing incentive program fund to the building regulation fund. The act excludes the building regulation fund from the limitations on cash fund reserves. For the 2025-26 state fiscal year, the act appropriates $182,264 from the building regulation fund to the department for use by the division to implement the act. (Note: This summary applies to this bill as enacted.)

Maddy summaryHJR 25-1028 designates Friday, April 25, 2025, as "Sportsmen's Day" in Colorado. This resolution aims to recognize the contributions of Colorado's sportsmen and women to conservation efforts and the state's economy. It also encourages members of the General Assembly to join the Colorado Legislative Sportsmen's Caucus and urges public and private institutions to work with the caucus.

Maddy summaryHouse Joint Resolution 25-1030 expresses the State of Colorado's strong opposition to the use of forced labor in the production of goods. The resolution states that Colorado will use its purchasing power to support businesses that ethically source or manufacture products without forced labor. It also encourages state and local economic development offices to attract businesses that avoid these labor practices. This joint resolution aims to influence state and local government purchasing decisions and promote ethical business standards.

Maddy summaryHJR 25-1026 designates Colorado State Highway 402, from United States Highway 287 to Interstate 25, as the "Rep. Hugh McKean Memorial Highway." It also authorizes the Colorado Department of Transportation (CDOT) to accept donations for the initial placement of signs and to explore agreements with Larimer County for sign maintenance.