Rep. Andy Boesenecker

The act modifies the process for filling vacancies in an unexpired term in the office of county commissioner for county commissioners affiliated with a major political party in counties that are not home rule counties and that have at least 50,000 active voters as of the last general election (vacancy). If a vacancy occurs on or after July 31 of an even-numbered year that the seat was not scheduled to be on the ballot at the general election but before July 31 of an odd-numbered year, the vacancy must be filled by vacancy committee selection until the next regularly scheduled odd-year November election following the vacancy, rather than until the next general election as is the case for vacancies that occur at other times, when the vacancy must be filled by vacancy election (vacancy election). An individual elected at a vacancy election serves until the next general election. A vacancy election is conducted as part of a coordinated odd-year November election. A major political party may opt out of the vacancy election process if at least 75% of the total voting membership of a political party's state central committee votes to do so by October 1 of the even year preceding a vacancy election. For a vacancy election to be held in November 2025, the vote must occur no later than June 30, 2025. If the state certifies any ballot content for the odd-year November election, the state is required to reimburse a county for 45% of its costs incurred in conducting the coordinated election that includes the vacancy election. Watchers, canvass boards, and election judges for the vacancy election are selected according to current processes in statute. Only registered electors of the county of the vacating commissioner who, as of 22 days before the vacancy election, are either registered with the same major political party as the vacating commissioner or are unaffiliated with a political party are eligible to vote in a vacancy election. A candidate is eligible to be placed on the ballot for a vacancy election if the candidate: Files a nominating statement signed by at least 30% of the vacancy committee members with the county clerk and recorder and the candidate's major political party by the seventieth day before the vacancy election; or Submits to the county clerk and recorder, no later than 30 days after their petition format has been approved or 85 days prior to the vacancy election, a notarized candidate's statement of intent and a petition signed by at least 200 electors who have been affiliated with the same major political party as the candidate for 22 days before signing the petition and are eligible to vote in the district for which the candidate is to be elected. A candidate may seek to be placed on the ballot through one, but not both, methods, and candidate placement on the ballot is drawn by lot. A candidate must be registered with the vacating commissioner's major political party by the first business day in January of the calendar year in which the vacancy election occurs and must be a resident of the same district as the vacating commissioner. A candidate in a vacancy election is subject to the campaign finance contribution, expenditure, and reporting requirements of the "Fair Campaign Practices Act". For the 2025-26 state fiscal year, $314,920 is appropriated from the department of state cash fund to the department of state for use by the information technology division for personal services. (Note: This summary applies to this bill as enacted.)

The act requires a property insurer that uses a wildfire risk model, a catastrophe model, or a scoring method to assign risk to: For the purposes of underwriting homeowners and other property insurance policies, adhere to specific requirements to share information with the commissioner of insurance (commissioner) and the public, include specific activities in the models, and provide notices to policyholders; Submit available data concerning the models and scoring method as required by rule of the commissioner to the division of insurance as part of the insurer's rate filings; and Ensure that specific factors are either incorporated in the wildfire risk model, catastrophe model, or combination of models or are otherwise demonstrably included in the insurer's underwriting and pricing. If an insurer does not incorporate property-specific and community-level mitigation actions into its models, the act requires the insurer to provide discounts to policyholders who demonstrate actions taken on the property to reduce the risk of loss. The act requires an insurer to post on its website information regarding premium savings that are available to policyholders who undertake property-specific mitigation actions or provide evidence of community-level mitigation actions and the process for appealing a wildfire risk score. The act requires an insurer that provides a mitigation discount or that uses a wildfire risk model or risk score to underwrite, nonrenew, price, create a rate differential, or surcharge the premium based upon the policyholder's or applicant's wildfire risk to provide an annual written notice to each policyholder or applicant for property insurance of the applicable mitigation discounts, the wildfire risk score, and any other wildfire risk classification used by the insurer to underwrite the policyholder's or applicant's wildfire risk. The insurer is required to provide the wildfire risk score or classification to the policyholder or applicant. The act authorizes the policyholder and applicant to appeal the score or classification directly to the insurer. The act authorizes the commissioner to adopt rules. (Note: This summary applies to this bill as enacted.)

The act: Requires that a seller of an electrical assisted bicycle must make certain disclosures to the purchaser regarding the characteristics of the electrical assisted bicycle; Requires that, on or after January 1, 2027, a manufacturer or distributor of a new electrical assisted bicycle must label each electrical assisted bicycle with the highest class or each of the classes in which the electrical assisted bicycle is capable of operation; Prohibits a person from selling or offering to sell a vehicle that is not an electrical assisted bicycle if the vehicle is falsely labeled as an electrical assisted bicycle. A violation is a deceptive trade practice under the "Colorado Consumer Protection Act". Prohibits a person from advertising, offering for sale, or selling a vehicle that is not an electrical assisted bicycle by using certain words associated with electrical assisted bicycles without providing a disclosure that the vehicle is not in fact an electrical assisted bicycle. A violation is a deceptive trade practice under the "Colorado Consumer Protection Act". Requires that a lithium-ion battery or a second-use lithium-ion battery (battery) that is part of or intended for use in an electrical assisted bicycle must be certified by an accredited testing laboratory for compliance with certain battery standards and that the certification or name of the accredited testing laboratory must be included on the packaging or documentation for the battery or on the battery itself; and Clarifies that a multiple mode electrical assisted bicycle must meet all the requirements applicable to each respective class of electrical assisted bicycle for which the multiple mode electrical assisted bicycle provides for operation. Currently, "electrical assisted bicycle" is defined as having to conform to one of 3 classes based on the highest achievable speed and type of motor of the electrical assisted bicycle. The act amends the existing definition of "electrical assisted bicycle" to clarify that the following vehicles are not an electrical assisted bicycle: A vehicle that is modified so that it no longer meets the requirements for any electrical assisted bicycle class; or A vehicle that is designed, manufactured, or intended by the manufacturer or seller to be easily configured so as not to meet all the requirements of an electrical assisted bicycle class. The act also defines "multiple mode electrical assisted bicycle" to account for electrical assisted bicycles that are capable of switching between different classes. (Note: This summary applies to this bill as enacted.)

The act implements recommendations made by the direct care workforce stabilization board (board) by: Requiring the board to investigate health-care benefits for the direct care workforce; Requiring the department of labor and employment (department) to collaborate with the board and other entities to establish a comprehensive "know your rights" training for direct care workers; Requiring the department to ensure that the "know your rights" training is available to direct care workers, to allow worker organizations to participate in the training free of charge, and to report direct care worker training completion information to the board; and Requiring direct care employers to document each direct care worker's completion of the "know your rights" training. The act also requires the director of the division of labor standards and statistics (director) in the department to provide compliance assistance to direct care employers and investigate possible violations by the direct care employers. The director is also required to enforce compliance with the requirements in the act. To implement the board's recommendations, the act also requires the department of health care policy and financing to: In collaboration with the board, establish a website and communication platform for direct care workers and develop a direct care worker-specific notice of rights for direct care employers; Collaborate with direct care employers to inform direct care workers about the website and communication platform; and Allow specified entities access to the contact information of each direct care worker enrolled in the communication platform. For the 2025-26 state fiscal year, the act appropriates $120,105 to the department of health care policy and financing based on an assumption that the department of health care policy and financing will receive certain federal funding. Also for the 2025-26 state fiscal year, the act appropriates $168,459 to the department of labor and employment for use by the division of labor standards and statistics. (Note: This summary applies to this bill as enacted.)

Infusion pharmacies supply medicaid members with parenteral nutrition, which provides patients with essential nutrients through an intravenous infusion. The act requires the state department of health care policy and financing (state department) to create specific professional dispensing fees for the preparation and dispensing of parenteral nutrition (fees) to encourage an adequate level of market participation among infusion pharmacies that serve medicaid members. During the year beginning January 1, 2026, the fees must not exceed 30% of infusion pharmacy administrative costs for the preparation and dispensing of parenteral nutrition. The state department shall seek federal authorization, as necessary, to implement the fees. The act requires the state department to annually report on the adequacy of the infusion pharmacy network that supplies parenteral nutrition to medicaid members. For the 2025-26 state fiscal year, the act appropriates $54,832 to the state department from the general fund. The state department may use the appropriation for medical and long-term care services for medicaid-eligible individuals. The general assembly anticipates that the state department will receive an equal amount in federal funds to implement the act. (Note: This summary applies to this bill as enacted.)

Embodied carbon is the carbon associated with greenhouse gas emissions arising from the production, construction, use, and end-of-life of products or systems used in the construction of buildings, roads, and other infrastructure. Section 1 of the act adds embodied carbon improvements to the list of new energy improvements that are eligible for property-assessed clean energy financing provided by the Colorado new energy improvement district. An embodied carbon improvement is one or more installations or modifications to real property using eligible materials that result in the reduction of the installation's or modification's embodied carbon emissions. Section 2 modifies the industrial clean energy tax credit so that embodied carbon investments are greenhouse gas emissions reduction improvements that, if certified, are eligible for the credit for a portion of the capital costs incurred in placing them in service. An embodied carbon investment is one that results in a 15% or greater reduction in cradle-to-gate embodied emissions of eligible materials when compared to the eligible materials' cradle-to-gate baseline. (Note: This summary applies to this bill as enacted.)

The act reorganizes and updates statutes pertaining to the duties of the office of the child protection ombudsman (office) and the child protection ombudsman (ombudsman). The act: Clarifies when the ombudsman may receive and conduct an independent and impartial investigation of complaints concerning child protection services; Clarifies the types of information, documents, or records that the ombudsman does and does not have access to; Reorganizes statutes that pertain to when an ombudsman investigates a complaint; Reorganizes statutes that pertain to the ombudsman's duties; Reorganizes and creates a new provision that pertains to the office's access to information necessary to conduct an independent review of a complaint; Reorganizes and creates a new provision focused on the office's and ombudsman's duty to confidentiality; and Provides the office access to residential child care facilities and facilities established and operated by the department of human services (facilities). The office may only access facilities in coordination with the facility directors in response to a request from a child or youth residing in the facility; in response to a request from a child's or youth's family member, caregiver, or other concerned individual; or to distribute materials created by the office informing children or youth on how to access the office, the office's services, and how to file a complaint with the office.(Note: This summary applies to this bill as enacted.)

The act exempts an assisted living residence that has not undergone new construction or major renovations from complying with the facility guideline institute guidelines. The department of health care policy and financing (state department) must establish a process for reviewing and updating the general billing manual on an annual basis and ensure that the general billing manual includes all necessary CPT codes or links to the state department's list of CPT codes. The act allows the Colorado healthcare affordability and sustainability enterprise to receive public funds. Beginning January 1, 2026, for claims that must be reprocessed as a result of updating the provider rates, the act requires a managed care organization to issue payment to a contracted provider within one year after the provider rate is updated. The state department must notify the managed care organizations of changes to the provider rates within 60 days of changing the provider rates. The act requires the state department to include in each new contract with, or renewal of a contract with, a managed care entity (MCE) a provision requiring the MCE to submit to the state department, on an annual basis, the amount the MCE is paid and the MCE's medical loss ratio. The state department is required to publish this information, as well as historical medical loss ratio data for each MCE, and publish on an annual basis audit findings regarding an MCE's most recently completed medical loss ratio audit on the state department's website. The act prohibits the state department from imposing signature requirements on a physician or practitioner certifying a medicaid member's (member) plan of care that involves physical therapy, occupational therapy, or speech therapy. The act requires that for members receiving home- and community-based services, if a service the member receives is discontinued or no longer a covered service, the state department must confirm the timeline for the continuity of treatment with the federal centers for medicare and medicaid during the transition period of the benefit or service being discontinued and must communicate that timeline to the member impacted by the benefit or service being discontinued. (Note: This summary applies to this bill as enacted.)

The act makes updates to the streamlined solar permitting and inspection grant program (grant program). The grant program provides funding for the adoption and implementation of automated permitting and inspection software. The act clarifies that funding from the grant program may be used by a recipient for eligible expenses for up to 3 years after the grantee implements the automated permitting and inspection software. The act also permits the Colorado energy office (office) to spend up to 9% of the money remaining in the grant program's cash fund as of September 1, 2025, for paying the direct and indirect costs of the office in administering the grant program. (Note: This summary applies to this bill as enacted.)

The act amends statutory provisions relating to unused medication in facilities, including correctional facilities, nursing care facilities, assisted living residences, hospice, and other facilities, to change the defined term "medication" to "medicine" and specifies the types of unused medicines that may be redispensed to patients or donated to another entity that has legal authority to possess the medicine. The act creates the Colorado drug donation program (donation program). The donation program allows a person legally authorized to possess medicine, including an individual donor who is a member of the public and other donors, including a pharmacy, a long-term care facility, a surgical center, a prescriber or other health-care professional or facility, a wholesaler, a distributor, a third-party logistics provider, and others (donor), to donate certain unused medicine (donated medicine), as specified in the act. The act prohibits the donation of prescription drugs that are subject to risk evaluation and mitigation strategies (REMS), unless all of the required guidelines are followed, or REMS drugs that were initially dispensed by a pharmacy pursuant to a restricted distribution channel. A donor or an individual donor may donate unused medicine to a donation recipient that is authorized to possess medicine and that has a credential in good standing in the state in which the donation recipient is located. A donation recipient includes a hospital, pharmacy, clinic, health-care provider, or prescriber office, and may include a wholesaler, distributor, third-party logistics provider, reverse distributor, or repackager if the entity is a nonprofit entity or is directly or indirectly owned, controlled, or could be controlled by a nonprofit entity. The act requires the donation recipient to keep a record of the donated medicine, separate the donated medicine from regular stock, and have donated medicine inspected by a licensed pharmacist. The donation recipient may transfer the donated medicine to another donation recipient or entity, repackage the donated medicine, or, if the donation recipient is a prescription drug outlet or other outlet, replace medicine of the same drug name and strength. The act requires donated medicine to first be dispensed to an eligible patient who is an individual who is indigent, uninsured, or underinsured. Donated medicine must not be resold; except that a donation recipient may charge a handling or dispensing fee for the donated medicine. When acting in good faith, the participants in the donation program are not subject to civil or criminal liability or professional disciplinary action. The act also shields drug manufacturers from liability for donated medicine that is subject to REMS under federal law. (Note: This summary applies to this bill as enacted.)