Rep. Andy Boesenecker

The bill makes the following modifications to statutory provisions governing special districts to increase the accountability of special districts to taxpayers: If a separate legal entity established by contract includes one or more special districts, requires the separate legal entity to file with the division of local government in the department of local affairs certain financial information pertaining to the special district. In such circumstances, the directors of the special district are also required to comply with oath and bond requirements for directors of special districts.Expands existing requirements on the information a metropolitan district must include on its public website to include information that is required by the service plan of the metropolitan district, by an ordinance or resolution adopted by the board of commissioners of a county, or by the governing body of a municipality, as applicable;Expands the applicability of statutory provisions governing the approval and oversight of special districts to specify that these provisions do not apply when a special district that was originally approved at any time thereafter becomes wholly included within the boundaries of one or more municipalities;Specifies information to be included in the financial plan that a new district submits along with its service plan;Removes an existing cap on the amount of the fee that a special district must pay the board of county commissioners for processing review of a service plan; For any proposed special metropolitan district that has any property within its boundaries that is zoned or valued for assessment as residential, enumerates certain acts that are disallowed for any service plan required to be filed by the district. A local government acting on a service plan is prohibited from approving a service plan for a special metropolitan district that permits any of these same acts the purchase of district debt by any entity with respect to which any director of the district has a conflict of interest necessitating disclosure .Clarifies requirements affecting the oversight by a municipality that is wholly contained within the boundaries of the municipality, especially in connection with an annexing municipality;Expands the circumstances under which material modifications of a special district's service plan are approved by the county or municipality, as applicable, to include the situation when the special district after initial approval of the plan becomes wholly included within the boundaries of a newly annexed municipality;Specifies that approval is also required for any action or omission of a special district that is materially inconsistent with the district's service plan. Expands the list of examples of acts or omissions necessitating approval.Authorizes a board of county commissioners for a district that lies entirely within the territorial boundaries of a county or the governing body of a municipality for a district that lies entirely within the boundaries of a municipality to impose a fee to offset the costs incurred by the county or municipality, as applicable, in reviewing the operations of the district and the district's compliance with its service plan. The fee is not payable more than once annually. Prohibits a member of the board of a district that approved the issuance of any debt while the member was serving on the board from thereafter acquiring any interest in the debt individually or on behalf of any organization or entity for which the board member is engaged as an employee, counsel, consultant, representative, or agent; except that this requirement does not apply to debt acquired indirectly through an investment fund if the member has no input into or control over the individual securities that the fund purchases; Prior to issuing debt to a director of a metropolitan district or to an entity with respect to which a director of a metropolitan district must make disclosure of a conflict of interest, the bill requires the board of the metropolitan district to receive a statement of a registered municipal advisor certifying that the interest rate of the debt does not exceed the lesser of: The interest rate allowed under a method of calculation specified in the bill; or The current market interest rate for the debt based on criteria determined by the municipal advisor, examples of which are listed in the bill; Requires all meetings of a board of a special district that are held solely at physical locations to be held at physical locations that are within the boundaries of the district or that are within the boundaries of any county in which the district is located, in whole or in part, without exceptions or the possibility of a waiver;Clarifies that the powers of the board of directors of any metropolitan district are limited by the district's service plan;On and after September 1, 2022, prohibits a metropolitan district from entering into any new contract or agreement as of that date to furnish covenant enforcement and design review services. On and after September 1, 2022, the bill prohibits a metropolitan district from renewing any existing agreement entered into prior to that date to furnish covenant enforcement and design review services. Upon the expiration of the agreement, the master association or similar entity contracting with the metropolitan district is required to assume covenant enforcement and design review services.Under current law, under specified circumstances, the board of county commissioners or the governing body of the municipality that has adopted a resolution of approval of the special district may require the board of the special district to file an application for a finding of reasonable diligence every 5 years. The bill makes this an annual requirement. Makes proof of the commission of such act by a preponderance of the evidence proof that the director has breached the director's fiduciary duty and the public trust. (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: Allows transmission providers to enter into contracts with public entities or private landowners to construct and maintain public recreational trails (powerline trails) covering a tract of land where transmission lines are or will be constructed (transmission corridor); Requires a public entity to coordinate with the division of parks and wildlife in the design and construction of a powerline trail to minimize adverse impacts to state and federally listed species and species and habitats of conservation concern; Requires a public entity to consider any issues unique to an area of significant rural character prior to constructing a powerline trail in the area; Requires transmission providers to develop and maintain informational resources to encourage the construction of new powerline trails; Requires a transmission provider, when siting or expanding a transmission line, to notify local governments of the potential for a powerline trail in the associated transmission corridor; Requires a transmission provider, when applying for a permit with a local government to develop in an area of state interest, to demonstrate compliance with the requirement to notify local governments of the potential for a powerline trail and to develop and maintain informational resources encouraging construction of new powerline trails; Requires the public utilities commission to amend its rules to also require electric public utilities in the state to consider plans for the construction of new powerline trails and with the requirement to develop and maintain informational resources on powerline trails; Requires the Colorado electric transmission authority (CETA) to arrange for the continuation of any existing powerline trail contracts before entering into a project or divesting a facility; and Requires the CETA to give priority for project solicitations to electric utilities and other entities that demonstrate an interest in continuing or creating a powerline trail.(Note: This summary applies to this bill as enacted.)

The act authorizes a board of education of a school district and the governing body of a district charter school or of an institute charter school to meet in executive session to discuss negotiations for an employment contract with one or more finalists for the position of chief executive officer, as long as the following conditions have been satisfied: The board or governing body has named more than one candidate as a finalist for the position of chief executive officer; and The board or governing body holds a public forum to conduct interviews with each of the finalists. The act defines "chief executive officer" as a superintendent of a school district or a chief executive officer of a charter school. The act clarifies that the board or governing body may, in addition to interviewing finalists in a public forum, interview finalists in executive session and instruct personnel and representatives to begin contract negotiations with one or more candidates in executive session, including the necessary process to prioritize, for the purposes of negotiation, one or more finalists after public forums have been completed. (Note: This summary applies to this bill as enacted.)

Current law requires a county property tax assessor to send a notice of valuation of personal property to the operator of each wellsite, or if there is no operator, to the owner who has filed a statutorily required statement with the assessor. The act: States that oil and gas fractional interest owners are not entitled to separate valuation, notification, review, audit, protest, abatement, or appeal procedures by the assessor; and Designates the operator of each wellsite, or if there is no operator, the owner who filed the statement, as the representative of all fractional interest owners and as the exclusive point of contact for the assessor for all notification, review, audit, protest, abatement, and appeal procedures.(Note: This summary applies to this bill as enacted.)

The act adds child representatives, code enforcement officers, health-care workers, an officer or agent of the state bureau of animal protection, an animal control officer, and office of the respondent parents' counsel staff members and contractors to the list of protected persons whose personal information may be withheld from the internet if the protected person believes dissemination of such information poses an imminent and serious threat to the protected person or the safety of the protected person's immediate family. The act adds a protected person's full name and home address to the list of personal information that the protected person's written request for removal must include. The act authorizes access to records maintained by a county recorder, county assessor, or county treasurer for certain individuals if such access is related to a real estate matter. (Note: This summary applies to this bill as enacted.)

Colorado law sets weight limits for vehicles that travel over roads. One of the factors that determines a vehicle's weight limit is whether a load is divisible, which means that the load can be divided up to lower its weight. The act deems that a load of fluid milk products carried by a vehicle is not a divisible load. (Note: This summary applies to this bill as enacted.)

Section 1 of the bill extends the powers of the initiative and referendum reserved to the people in the state constitution to the electors of special districts.Section 2 requires each developer-affiliated board (board) of a special district (district) to issue an agenda and board packet for each board meeting. The board must send the agenda and board packet by regular United States mail and by e-mail to each resident of the district along with a separate statement that expressly discloses to each resident the fact that the board has a conflict of interest with the residents and that residents of the district may serve on the board. The bill also requires each board to send a self-nomination form to each resident of the district with each agenda and board packet with instructions that a resident may follow for completing the form and delivering the completed form to the manager and legal counsel of the district. Immediately upon receiving a self-nomination form from a resident for a position on the board, the board must identify the board position to be terminated and immediately appoint the resident who submitted the self-nomination form to fill the position. A developer-affiliated position is immediately terminated upon receipt by the board of a self-nomination form from a resident. If self-nomination forms are received from residents in an amount that exceeds the positions on the board, the board is required to immediately call a special election to fill all of the developer-affiliated positions. (Note: This summary applies to this bill as introduced.)

The act prohibits the imposition of secured monetary or property conditions on a bond for juveniles charged with or accused of committing a delinquent act.The act reduces the juvenile detention bed cap from 327 beds to 215 beds beginning in fiscal year 2021-22.The act adds members and responsibilities to the existing statutory working group for criteria for placement of juvenile offenders. The working group's responsibilities include examining available alternatives to youth detention, the use of detention beds, and examining necessary investments in alternatives to youth detention.The act decreases appropriations made in the annual general appropriation act for the 2021-22 state fiscal year to the department of human services.The act makes the following appropriations to the department of human services:$202,541 for use by the office of information and technology; $427,979 for use by the division of child welfare, and an additional 4.5 FTE; and $24,789 in federal funds for use by the division of child welfare.(Note: This summary applies to this bill as enacted.)

The act states that, in addition to any other right to revoke an offer, a buyer has the right to cancel a dating service contract until midnight of the third business day after the day on which the buyer signs the contract.A dating service contract must be set forth in writing, which, in the case of an online dating service contract, may be an electronic writing made available for viewing online. Each dating service contract must contain on its face, in close proximity to the space reserved for the signature of the buyer, a conspicuous statement concerning the buyer's right to cancel the contract.A dating service contract may not require payments or financing by the buyer over a period exceeding 2 years after the date the contract is entered into, nor may the term of any such contract be measured by the life of the buyer.Each dating service contract must contain language providing that:If by reason of death or disability the buyer is unable to receive all services for which the buyer has contracted, the buyer and the buyer's estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability, so long as the buyer or the buyer's estate provides written verification of the death or disability to the dating service; If the buyer has prepaid any amount for services, so much of the amount prepaid that is allocable to services that the buyer has not received shall be promptly refunded to the buyer or the buyer's representative; and If the physician verifying the buyer's disability determines that the duration of the disability will be less than 6 months, the dating service may extend the term of the contract for a period of 6 months at no additional charge to the buyer in lieu of cancellation. If a dating service provides services within a limited geographical area, and a buyer relocates the buyer's primary residence more than 50 miles from the dating service office and is unable to transfer the contract to a comparable facility, the buyer may elect to be relieved of the obligation to make payment for services other than those received prior to the relocation, and if the buyer has prepaid any amount for services, so much of the amount prepaid that is allocable to services that the buyer has not received shall be promptly refunded to the buyer.An online dating service shall provide notice to all of its members in this state who the online dating service knows have previously received and responded to an on-site message from a banned member. The notice must include certain information concerning the banned member and how to avoid online fraud.A person that offers an automatic renewal contract to a consumer in this state must:Present the terms in a clear and conspicuous manner; Ensure that any online link that is presented as part of an offer of an automatic renewal contract and directs a consumer to detailed information about the automatic renewal contract is available before a consumer elects to purchase any good or service subject to the automatic renewal contract, appears directly adjacent to any online link used by the consumer to purchase any good or service subject to the automatic renewal contract, and is labeled with, or is directly adjacent to, a clear and conspicuous disclosure that states that by purchasing the good or service, the consumer agrees to enroll in an automatic renewal contract; Provide the consumer a written acknowledgment that includes the contract terms, the cancellation policy, and information regarding how to cancel; and Provide a simple, cost-effective, timely, and easy-to-use mechanism for canceling the contract or, if applicable, a trial-period offer. A person that sells a good or service to a consumer pursuant to an automatic renewal contract must notify the consumer that the automatic renewal contract will automatically renew unless the consumer cancels the contract. A notice must be provided at least 25 but not more than 40 days before the first automatic renewal and at least 25 but not more than 40 days before each subsequent automatic renewal.The act exempts certain persons from the new provisions concerning automatic renewal contract s.(Note: This summary applies to this bill as enacted.)

The act concerns the concept of "community choice energy" (CCE) (also known as community choice aggregation or CCA), under which a community, or group of communities, may choose to purchase their electricity from a wholesale supplier other than the local investor-owned electric utility. The act declares that CCE has the potential to enable communities to meet their renewable energy goals and to reduce their electricity rates by allowing wholesale competition and local control over the energy supplier and energy mix without changing the local utility's current status as sole supplier of electric transmission, distribution, billing, and customer service functions.To lay the groundwork for evaluating the potential adoption of CCE in Colorado, the act proposes an investigatory proceeding at the public utilities commission that would invite testimony and documentation from interested stakeholders, utilities, the public, invited subject-matter experts, and persons with firsthand knowledge of CCE operations, including regulators from states in which CCE has been implemented. The proceeding would address a series of questions and topics that are specified in the act, with the goal of better understanding CCE in the Colorado context and identifying best practices that would allow CCE to function well in Colorado if adopted. The act does not change current statutes and regulations governing the electricity system.The act directs the commission to submit a report summarizing the investigatory proceeding to the legislative committees with jurisdiction over energy matters by December 15, 2022.The act appropriates $48,391 to the department of regulatory agencies for use by the public utilities commission to implement the act.(Note: This summary applies to this bill as enacted.)