Rep. Elizabeth Velasco

The act prohibits knowingly leaving a handgun in an unattended vehicle unless the handgun is stored in a locked hard-sided container that is placed out of plain view and the container is in a locked vehicle, the locked trunk of the locked vehicle, or a locked recreational vehicle. The act prohibits knowingly leaving a firearm that is not a handgun in an unattended vehicle unless the firearm is stored in a locked hard-sided or soft-sided container that is placed out of plain view and the container is in a locked vehicle, the locked trunk of the locked vehicle, or a locked recreational vehicle. A firearm that is not a handgun that is stored in a soft-sided container must have a locking device installed on the firearm while stored in the soft-sided container. A person who is considered to have a disability who stores a firearm in a locked soft-sided container does not violate the requirement to store a firearm in a hard-sided container. The act includes exceptions from the storage requirement for storing antique firearms, storing a firearm that is a not a handgun in a vehicle being used for farm or ranch operations, a person who lives in a vehicle or in a recreational vehicle, peace officers and active members of the armed forces, and certain activities related to lawful hunting. Unsafe storage of a firearm in a vehicle is a civil infraction. APPROVED by Governor May 15, 2024 EFFECTIVE January 1, 2025(Note: This summary applies to this bill as enacted.)

Section 1 of the bill, on and after January 1, 2027, prohibits the sale and distribution of certain air conditioners that are manufactured on or after January 1, 2027, (covered HVAC) unless the covered HVAC complies with certain technical standards (technical standards). On or before January 1, 2029, and again on or before January 1, 2034, the executive director of the department of public health and environment (executive director) must assess compliance with the technical standards. On or before February 1, 2029, and again on or before February 1, 2034, the executive director must prepare a report of the assessments. Before January 1, 2027, the executive director must establish a secure process that allows an individual to make an anonymous report of a violation of the technical standards. In the case of the first 2 violations of the technical standards, the executive director must send a warning letter to the alleged violator. In the case of a third or subsequent violation, the attorney general may bring a civil action to seek a civil penalty of no more than $2,000 per ton of cooling and certain other remedial actions. Section 3 , on or before January 1, 2026, and every other January 1 until January 1, 2034, requires the Colorado energy office (energy office) to conduct a market study or literature review to estimate the average cost difference for certain income-qualified households and income-qualified housing providers between installing a covered HVAC that meets the technical standards and installing a covered HVAC that does not meet the technical standards (study). On or before January 1, 2027, the energy office shall establish a program to offer certain financial incentives to certain income-qualified households and income-qualified housing providers to cover the average cost difference described in the energy office's most recent study. For income tax years commencing on and after January 1, 2024, but before January 1, 2034, section 4 creates a refundable, assignable state income tax credit that a home builder or an HVAC contractor that installs certain cold-climate heat pumps or ground-source heat pumps (eligible heat pump) can claim in the tax year that the eligible heat pump is placed into service. The amount of the tax credit is $5,000 per installation of an eligible heat pump, but the amount claimed may be increased based on certain criteria. A home builder or an HVAC contractor must provide certain verification information to the department of revenue to qualify for the tax credit. Section 5 : Makes certain changes to definitions; Changes the state income tax credit amounts that may be claimed for the installation of certain other heat pumps; and Requires the energy office to post information about the tax credit on the energy office's website. Section 6 makes certain changes to definitions. Section 8 , on or before April 1, 2025, requires a public utility that provides electricity to submit to the public utilities commission a proposal for a specific voluntary rate or rates for electricity supplied to residential customers who utilize a heat pump as their primary heating source. Section 9 requires, on and after January 1, 2025, recipients of state financial assistance for new building construction projects that include energy-consuming products covered by the Energy Star program (covered energy-consuming products) to use covered energy-consuming products certified by the Energy Star program (requirements). On and after January 1, 2025, a state agency that provides or administers state financial assistance for a new building construction project (state agency) must include certain requirements in the state agency's criteria for receiving state financial assistance and request an affidavit signed by the recipient of the state financial assistance that declares that the requirements have been or will be followed or that the recipient is requesting a waiver from the requirements. A state agency may issue a waiver from the requirements based on certain evidence and an attestation from a licensed professional engineer or design professional. On or before December 1, 2024, the energy office must distribute and periodically update certain guidance and forms related to the requirements. If the attorney general has probable cause to believe that a recipient of state financial assistance has violated the requirements, the attorney general may bring a civil action to seek a civil penalty of up to the total amount of state financial assistance received by the violator. Current law prohibits a person from selling or leasing new residential windows, residential doors, and residential skylights in the state on and after January 1, 2026, unless the product satisfies certain criteria under the Energy Star program. Section 10 changes current law to require new residential windows, residential doors, and residential skylights to instead satisfy certain standards in the International Energy Conservation Code.(Note: This summary applies to this bill as introduced.)

Current rules of the energy and carbon management commission (commission) require oil and gas operators to submit certain reports (covered report) to the commission in the event of a spill or release of a hazardous chemical (incident). The bill enacts the "Community Right to Know Act" to create additional notification requirements in the event of an incident (notification requirements). On and after July 1, 2024, oil and gas operators must, within 24 hours after the discovery of an incident, submit a covered report to the commission and the following state agencies (notification agency): For an incident involving air emissions or water contamination, the department of public health and environment; For an incident involving public conveyances, the department of transportation; and For an incident that results from a clear act of sabotage, vandalism, or a terrorist activity, the division of homeland security and emergency management in the department of public safety. The oil and gas operator must also, within 24 hours after the operator's submission of the covered report to a notification agency, deliver the covered report to certain persons that are located near the well site where the incident was caused (affected persons). Within 24 hours after the receipt of a covered report from an oil and gas operator, a notification agency must: Confirm with the oil and gas operator that the oil and gas operator has provided the covered report to any affected persons; Provide the covered report to any affected persons that have not yet received a covered report from the oil and gas operator; Provide the covered report to the county public health department and the county emergency notification party of the county or counties where the incident occurred; and On and after July 1, 2025, provide the covered report to the person designated by the executive director of the department of local affairs (DOLA) to receive covered reports from the notification agencies (designated person). On and after July 1, 2025, no later than 24 hours after the receipt of a covered report for a certain heightened level of an incident (warning-level covered report) from a notification agency, if the county public health department has an existing opt-in notification system, the county public health department must notify medical professionals in the county that have opted in to the county public health department's notification system about the incident. On and after July 1, 2025, no later than 24 hours after the receipt of a warning-level covered report from a notification agency, the county emergency notification party must: If the county has an existing opt-in public emergency notification system, notify all individuals residing in the county that have opted in; and If the county does not have an existing opt-in public emergency notification system but has an existing public emergency notification system, notify all individuals residing in the county. On and after July 1, 2024, DOLA must maintain and routinely update a list of contact information for the county public health department and the county emergency notification party for each county in the state on DOLA's website. The bill also creates the hazardous chemical notification committee (committee) in DOLA. On or before July 1, 2025, the committee is required to develop content for a hazardous chemical notification website (website) that includes certain informational and educational content about hazardous chemicals, including short-term and long-term adverse health impacts, and an entry for each covered report received by the designated person on and after July 1, 2025. Beginning in the 2026 calendar year, and in each calendar year thereafter, the committee must meet on a quarterly basis to make updates to the content of the website. On or before July 1, 2026, and on or before each July 1 thereafter, DOLA must submit a written report (hazardous chemical notification report requirement) to the health and human services committee of the house of representatives and the health and human services committee of the senate, which report must include a summary of the notifications made by oil and gas operators, the notification agencies, county public health departments, and county emergency notification parties in the previous year. On or before July 1, 2025, and each calendar year thereafter, county public health departments and county emergency notification parties are required to provide a training to medical professionals and the public on the short-term and long-term adverse health impacts of exposure to hazardous chemicals and the notification requirements (training requirement). The bill provides for a repeal of the committee, the hazardous chemical notification report requirement, and the training requirement, effective September 1, 2034, after review in accordance with the general assembly's sunset review process. The bill also: Creates a $1,000 per day penalty for an oil and gas operator that does not comply with the notification requirements (violation); and Provides that if an oil and gas operator commits a violation 3 or more times, the oil and gas operator may not claim a waiver of liability for damages related to the third or subsequent violation.(Note: This summary applies to this bill as introduced.)

The act extends immunity from civil liability for damage or injury, other than that which arises from gross negligence or willful misconduct, to an individual, nonprofit organization, for-profit corporation, private organization, or other person (person) that voluntarily operates or arranges for the use of a helicopter, or assists as a helicopter crew member, during backcountry search and rescue operations (search and rescue operations), if the person: Arranges for the use of or operates, or assists as a crew member of, the helicopter on behalf of the governmental entity that is leading the search and rescue operation; Has an agreement with the governmental entity; Is, employs, or otherwise contracts with a pilot that is properly licensed to operate the helicopter; Is not compensated by the governmental entity for assisting in the search and rescue operation, other than reimbursement for actual expenses incurred; and Meets certain safety and training certifications and requirements. The act also establishes criteria that volunteer helicopter pilots and the helicopters used in search and rescue operations must satisfy in order for the volunteer helicopter owner or operator to qualify for immunity under the act. The act establishes the airspace deconfliction working group within the department of public safety. The working group consists of representatives from the department of public safety, the department of military and veterans affairs, and county sheriffs' offices. The working group must develop guidelines for airspace deconfliction when there could be multiple aircraft involved in a search and rescue operation. APPROVED by Governor May 3, 2024 EFFECTIVE May 3, 2024(Note: This summary applies to this bill as enacted.)

Section 1 of the bill defines a "repeat violator" as a person that, in a 3-year period, has committed 5 or more violations of certain air quality laws (repeat violator). Section 1 also defines a "high-priority repeat violator" as a repeat violator that, in a 3-year period, has committed 5 or more exceedances (emission exceedance) of the allowable emissions of an air pollutant in a permit (high-priority repeat violator). Section 2 requires the division of administration in the department of public health and environment (division), in the case of a violation by a repeat violator, to issue an order of compliance (order) for the violation instead of issuing a warning letter or compliance advisory or taking another informal action. The order must assess civil penalties and, in the case of a high-priority repeat violator, must require the high-priority repeat violator to conduct and submit to the division a root cause analysis for the violation, which must be submitted to the division within 90 days after the order. In connection with an order and in the case of a high-priority repeat violator, the division must require a reduction in emissions of any air pollutant applicable to an emission exceedance from any emission unit where a violation occurred in accordance with certain standards. Section 2 also clarifies that the division may assess civil penalties for air quality violations without instituting an action in district court. Section 2 also allows a person, with respect to air quality laws, to commence a civil action (action) against an alleged violator. A person shall not commence an action until at least 60 days after a notice has been provided to the executive director of the department of public health and environment, the director of the division, and the alleged violator. Except for violations of an ongoing or recurring nature, any action that is not commenced within 5 years after the discovery of the alleged violation is time barred. Section 2 also requires the division, on or before February 1, 2025, and on or before each February 1 thereafter, to prepare and post on the division's website an air quality enforcement report, which must contain certain air quality enforcement information from the previous calendar year. Section 3 requires that: In the case of a repeat violator, the division or a district court assess a civil penalty that is at least 50% of the maximum civil penalty applicable to the violation under applicable state air quality laws; and In the case of a violation by a repeat violator in a disproportionately impacted community, the division or a district court assess a civil penalty that is at least 75% of the maximum civil penalty applicable to the violation under applicable state air quality laws. On or before December 31, 2024, section 4 requires owners and operators of stationary sources to submit any reports or records that the owner or operator is required to create, maintain, or submit pursuant to federal or state law. The division must make any reports or records received available on the division's website within 30 days after receipt. Current law provides that a person that violates a local government's air quality regulations is subject to a maximum civil penalty of $300. Section 5 raises the maximum civil penalty to the amount provided by state air quality laws. Section 6 requires a district court, in a suit against a person that has violated a state law related to energy and carbon management, to award the initial complaining party any costs of litigation incurred by the initial complaining party if the court determines that the award is appropriate. Current law exempts damage awards from the state constitutional definition of "fiscal year spending", which counts toward the state's annual spending limit pursuant to state constitutional law. Section 7 adds civil penalties assessed by a state agency to the statutory definition of "damage awards".(Note: This summary applies to this bill as introduced.)

For the purpose of providing health insurance coverage, current law defines a "small employer" as any individual, firm, corporation, partnership, or association that employs between one and 100 employees during a calendar year. Effective January 1, 2026, the act amends the definition to define a "small employer" as any person that employs an average of at least one but not more than 50 employees during a calendar year. An employer that has a small group health benefit plan before January 1, 2026, and would no longer qualify as a "small employer" under the changes made by this act may elect to keep their small group health benefit plan for 5 years after the date of issuance. Such employer may also switch between small group health benefit plans offered by the carrier during those 5 years, but may only switch to plans that are one metal level above or below their existing plan. Once an employer elects to enter the large group health benefit market, the employer may not return to the small group health benefit market within the 5-year period. The act requires the commissioner of insurance to conduct an actuarial review of rate filings submitted by insurance carriers that offer small group health benefit plans to determine whether the change to the definition of "small employer" made by the act would increase premiums for the majority of individuals covered by small group health benefit plans by more than 3%. If the premiums would increase by more than 3%, then the change to the "small employer" definition made by the act is repealed. APPROVED by Governor May 1, 2024 PORTIONS EFFECTIVE May 1, 2024 PORTIONS EFFECTIVE January 1, 2026(Note: This summary applies to this bill as enacted.)

The act authorizes the board of trustees (board) of any local college district to determine the number of trustees on the board. The act permits 9-member boards that establish board member districts to designate one or 2 board member districts as at-large districts and permits 11-member boards that establish board member districts to designate up to 3 board member districts as at-large districts. Under existing law, voters must approve a school district's annexation into a local college district at a regular biennial school election. The act removes that restriction so that the approval vote may occur at any regular election. The act permits a recipient of a local investments in transformational affordable housing grant for a project in a rural community or rural resort community to prioritize providing affordable housing for enrolled postsecondary students, local college district employees, and local government employees in buildings on land owned and controlled by a local college district. APPROVED by Governor April 11, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

The act strongly encourages a locally defined or interjurisdictional emergency management plan amended or created on or after July 1, 2024, and requires, when practicable, as determined after consideration of specified required factors, a locally defined or interjurisdictional emergency management plan amended or created on or after January 1, 2025, to address the needs of an individual with an animal during an emergency by: Including provisions for the evacuation, shelter, and transport of an individual with an animal and that animal; and Requiring, to the extent practicable, that at least one shelter established during an emergency is designated to accommodate an individual with an animal and that animal. The act also strongly encourages a city, county, or city and county to make available to the public, on or after January 1, 2025, information for animal emergency preparedness, including: Information for creating an evacuation plan and emergency checklist for individuals with animals consistent with recommendations publicly published by the United States department of agriculture and the federal emergency management agency; Local organizations that may provide emergency animal assistance; and Local emergency shelters, cooling centers, or warming centers, when active, that can accommodate an individual with an animal. Lastly, the act also strongly encourages a city, county, or city and county, on or after January 1, 2025, to implement disability etiquette and service animal training to ensure that emergency response personnel are well prepared to interact with individuals with disabilities and their service animals during emergency situations. APPROVED by Governor April 11, 2024 EFFECTIVE April 11, 2024(Note: This summary applies to this bill as enacted.)

The act defines "reimbursement" for purposes of reimbursing the expenditure of money from state emergency reserve as a repayment of expenditures for which the state previously designated emergency money and specifies that federal cost share provided through a federal emergency management agency public assistant grant is not reimbursement. To specify the authority of all fire response agencies, rather than just a fire protection district, to transfer the management of a wildland fire to the county sheriff (sheriff) when the fire exceeds the capability of the fire response agency to manage, the act authorizes a fire department, as defined in law, to transfer the management of a wildland fire and repeals references to transfers by a fire protection district. The act also specifies that the sheriff may develop a wildfire preparedness plan for the unincorporated area of a county as required by law, in cooperation with any fire department, rather than only with a fire district, with jurisdiction over the unincorporated area. The act repeals references to the community wildfire protection plan (CWPP) in the statutes that address the response to and management of wildland fires, as the CWPP addresses the identification and reduction of hazards and is not focused on the response to or management of wildland fires. Instead, the act specifies that the sheriff and the fire chief of a fire protection district (fire chief) are subject to any relevant plans or agreements in the response to and management of wildland fires. To allow the division of fire prevention and control in the department of public safety (division) and the sheriff to determine the most appropriation management strategy when the management of a wildland fire has been transferred from the sheriff to the division, the act repeals the requirement that the division and the sheriff use the unified command management strategy when the management of a wildland fire has been transferred to the division. The act also repeals the requirement that the unified command management strategy be used in a hazardous substance incident to allow responding agencies to determine the most appropriate response to and management of such an incident. The act repeals the requirement that a sheriff appoint a local incident management team to provide command control to manage a wildland fire and instead requires the sheriff to appoint an incident commander for a wildland fire. In addition, the act specifies that the agency that has jurisdiction over any wildland fire in the state is required to manage the fire using the incident command system as defined in law. The act repeals references to the Colorado state emergency operation plan (SEOP) in the statute designating the division as the lead state agency for wildland fire response and suppression, as the SEOP can only be activated by an executive order and does not apply to the majority of wildland fire operations. In addition the act repeals inaccurate references to the state forest service in that statute. APPROVED by Governor April 4, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)