Rep. Andy Boesenecker

Section 20 of article X of the state constitution (TABOR) defines "fiscal year spending" as not including either "damage awards" or "property sales". Although TABOR does not define either "damage award" or "property sale", the TABOR implementing statutes do. The act clarifies both of these definitions for state fiscal years commencing on or after July 1, 2024. The act clarifies that "damage award", as used for the purpose of determining whether specific money received by the state is subject to the TABOR limitation on state fiscal year spending, includes certain fines and monetary penalties imposed by the state. The act also clarifies that "property sale", as used for the purpose of determining whether specific money received by the state is subject to the TABOR limitation on state fiscal year spending, includes certain specified types of sales by the state. (Note: This summary applies to this bill as enacted.)

The act modifies certain processes for statewide ballot measures as follows: Requires proponents of citizen-initiated ballot measures (initiatives) to submit a chart describing or otherwise visually demonstrating the differences between their initiatives when they submit 5 or more versions of an initiative to the title board within the same initiative cycle, with at least one of the same designated representatives of proponents, and on the same subject matter; Requires the director of research of the legislative council of the general assembly (director), when preparing an estimate of the fiscal impact of an initiative that proposes a tax increase, to include an estimate of the maximum dollar amount of the change in state and local government revenue and fiscal year spending, as defined in the state constitution, for the first and, if phased in, final full fiscal year of the proposed tax increase; Directs the title board, when setting a title for an initiative, to indicate in the title whether the proposed law modifies, extends, or repeals existing law or creates new law and, for initiatives that propose a tax increase, to use the estimate prepared by the director of the maximum dollar amount of the change in state and local government revenue and fiscal year spending for the first or, if phased in, final full fiscal year of the proposed tax increase; Requires a person filing a motion for rehearing of a title board decision to file the motion with the title board by 5 p.m. on the seventh day following the title board's decision that is the subject of the motion; With regard to the petition circulation process for statewide ballot measures, requires a designated representative for the proponents to notify the secretary of state when an initiative or referendum petition that is being circulated has received 75% of the required number of signatures and authorizes the secretary of state to impose a fine on any designated representative who does not comply with the reporting requirement; Requires the director to prepare for the ballot information booklet for a proposed tax increase estimates of both the maximum dollar amount of the change in state and local government revenue and fiscal year spending, as defined in the state constitution, for the first full fiscal year of the proposed tax increase and state and local government fiscal year spending, as defined in the state constitution, without the proposed tax increase; and Requires the fiscal note for any legislative measure that proposes a tax increase to include the estimate of the maximum dollar amount of the change in state and local government revenue for the first and, if phased in, final full fiscal year of the proposed tax increase and requires the ballot question for such a legislative measure to include the estimate of the maximum dollar amount of the change in state and local government revenue for the first or, if phased in, final full fiscal year of the proposed tax increase.(Note: This summary applies to this bill as enacted.)

The act prohibits residential rental agreements, in relation to a tenant's death, from requiring acceleration of rent beyond the end of the month or more than 10 business days after the dwelling unit is vacated after notice to the landlord of the tenant's death, whichever is later. Further, the act prohibits the enforcement of terms in rental agreements that authorize liquidated damages or other penalties if the rental agreement is terminated before the end of its term due to the death of a tenant. The act authorizes a landlord to take possession of the dwelling unit without filing an eviction action or otherwise obtaining a court order if the personal representative of the tenant's estate notifies the landlord of the surrender of the premises or,30 days after the death of the tenant, rent remains unpaid or substantially all of the tenant's property has been removed. In addition, a landlord may retain a security or damages deposit sufficient to cover costs of damages caused by the death of the tenant. (Note: This summary applies to this bill as enacted.)

The act incorporates the federal "Uniform Code of Military Justice" (federal code) into the "Colorado Code of Military Justice" (state code), including specifically the punitive articles and general article of the federal code, which describe punishable offenses, and the statute of limitations that applies to charges brought pursuant to the state code. The act repeals sections of the state code that are duplicative of the incorporated federal code. Additionally, the act: Applies the state code to a member of the state military forces (member) at all times, except when the member is ordered to active federal service pursuant to title 10 of the United States Code; Clarifies a commanding officer's authority to impose nonjudicial punishment under the state code; Makes changes to the procedures that govern courts-martial, the punitive authority of courts-martial, and the review of the decisions of courts-martial; and If concurrent civilian and military jurisdiction exists over the same offense and a district attorney has filed felony charges against a member for the offense, requires the state military forces to defer felony prosecution of the member to the district attorney.(Note: This summary applies to this bill as enacted.)

The act requires an employer or the employer's insurer to use the division of workers' compensation's (division) utilization standards when responding to a request for authorization from a treating physician, and, if they do not, the director of the division may deem the services as authorized, reasonable, and necessary and require payment for the services by the employer or the employer's insurer. The act provides injured workers control over the selection of their primary treating physician in workers' compensation cases, allowing them to choose from any level I or level II accredited physician through the division subject to geographic limitations. The act creates the mechanism by which an injured worker may select the treating physician and requires the employer or insurer to choose the physician when an injured worker is unable or unwilling to select the treating physician. (Note: This summary applies to this bill as enacted.)

The act creates the community schoolyards grant program (grant program) in the division of local government (division) within the department of local affairs (department). The grant program is a 2-part grant program that includes: The planning and design grant program (planning program), which awards up to $150,000 to each grant recipient selected by the division for the planning and design of a community schoolyard; and The capital construction and improvement grant program (construction program), which awards up to $850,000 to each grant recipient selected by the division for the capital construction of a community schoolyard. The purpose of the grant program is to address inequities in underserved and underfunded schools and communities, specifically communities socially or economically affected by the development, processing, or energy conversion of minerals and mineral fuels subject to taxation, by: Making community schoolyards accessible to the broader community outside of school hours; Improving physical activity and mental health opportunities for students and community members; and Incorporating natural landscapes, natural playgrounds, and recreational spaces that promote adaptation; sustainability; resilience; and hands-on learning across subject matters, including science, technology, engineering, arts, and mathematics. On or before January 15, 2026, the division shall implement a timeline for the planning program and the construction program (programs), which must include, at a minimum: Announcing each of the programs; Accepting applications from eligible applicants for each of the programs; Selecting the grant recipients for each of the programs; Distributing grant money to the grant recipients for each of the programs; and Establishing reporting timelines and requirements for each of the programs. On or before January 15, 2028, the division shall compile a report summarizing the grant recipient reports from the programs. The division shall submit the report to the education committees of the house of representatives and senate; the house of representatives transportation, housing, and local government committee; and the senate local government and housing committee, or their successor committees. For the 2025-26 and 2026-27 state fiscal years, the department shall use $4 million from the local government mineral impact fund or the local government severance tax fund for the grant program. The division may use up to 5% of the funds it receives for the grant program to pay for the direct and indirect costs of administering the grant program. The division may adopt rules to carry out the purposes of the grant program. The grant program is repealed, effective January 1, 2030. For the 2025-26 state fiscal year, $50,000 is appropriated to the department for use by the division from the reappropriated funds from the local government mineral impact fund and the local government severance tax fund. (Note: This summary applies to this bill as enacted.)

The act prohibits the department of human services (department) from requiring an applicant for the low-income home energy assistance program (program) to provide their citizenship or immigration status on an application for assistance under the program, unless that information is required as a condition of eligibility for the program. The department is also prohibited from sharing the citizenship or immigration status of an applicant for or recipient of assistance under the program with any federal law enforcement agency, unless disclosure is required by law or court order. If an individual applies for assistance under the program and the individual's application is denied due to insufficient or incomplete documentation, the department must provide notice to the applicant that their application has been denied and provide the applicant at least 60 days to correct or complete the application. The investor-owned public utility of which the applicant is a customer must place a disconnection hold on the applicant's utility service for no more than 60 days while the customer's application is pending review. (Note: This summary applies to this bill as enacted.)

The act requires that, immediately after a railroad notifies the state's watch center in the department of public safety (watch center) of an emergency involving a train, the watch center must notify the public utilities commission (commission) and the office of rail safety (office) of the incident. The commission is required to submit a report to specified committees of the general assembly on the information reported by railroads regarding an emergency involving a train. A crew member of a train operated by a railroad may communicate with first responders during an emergency situation after notifying the railroad dispatch. A crew member has discretion in determining the appropriate response to the emergency situation, including cutting the railroad crossing. A railroad employee or a crew member is immune from civil liability and is not liable in civil damages for actions taken in good faith in the course of a response to an emergency situation involving a train. The act eliminates the shared authority that the commission, the department of public safety, and the department of transportation had to inspect and investigate railroads and grants the commission alone the authority to engage in inspection, investigation, and enforcement activities regarding the following railroads: A class I railroad; A railroad operating on any line that was used by class I railroads as of July 1, 2024; and A passenger railroad. The act requires the office to gather, analyze, and assess information, including: Data to create a more comprehensive understanding of railroad safety; Wayside detector information; Information regarding blocked public crossing locations; Information regarding railroad maintenance activity; An assessment of the state's ability to respond to a large-scale release of hazardous materials from railroad transportation; The best practices for ensuring financial responsibility for response, cleanup, and damages from major rail events, including reviewing best practices from other states; and Communication issues impacting railroad lines in the state. Beginning on or before July 1, 2027, a railroad regulated by the commission is required to pay a fee to cover the costs incurred by the commission and the office in relation to the act. The commission shall determine a methodology for calculating the fee by rule, and the commission may include specified criteria in the calculation. The total amount collected pursuant to the annual fee must not exceed $2,900,000 in a calendar year. A railroad regulated by the commission must pay the fee in equal quarterly installments and is subject to penalties and interest if they fail to timely pay the fee. (Note: This summary applies to this bill as enacted.)

The act extends the Emily Keyes - John W. Buckner organ and tissue donation awareness fund indefinitely. (Note: This summary applies to this bill as enacted.)

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.)