Rep. Matt Martinez

The act establishes a definition of "mobile food establishment" to mean a retail food establishment that is operated from a vehicle, can change location, and is intended to operate from a commissary kitchen. The act establishes a reciprocal food safety license between the city and county of Denver (Denver) and other local governments throughout the state. The department of public health and environment (CDPHE) issues a statewide health department license (state license) based on the state health code to mobile food establishments that is valid in all local government jurisdictions throughout the state except for Denver. Denver issues a Denver-specific retail food license (Denver license) to mobile food establishments that is based on Denver's health code and that is only valid within Denver's jurisdiction. The act establishes reciprocity between these two licenses so that the state license is valid in Denver and the Denver license is valid across the state. The act requires the owner or operator of a mobile food establishment that wishes to take advantage of this reciprocity to provide a copy of either their Denver license or the state license to the local government in which they intend to operate or to Denver at least 14 days in advance of when they intend to operate. When a mobile food establishment is operating in a local government jurisdiction, including Denver's jurisdiction, the mobile food establishment must comply with all laws of the local government and is subject to inspection and enforcement by the local government. For a mobile food establishment with a state license that intends to operate in Denver, the mobile food establishment must submit certain documentation including, if requested, a summary of any violations within the previous calendar year related to the license or the operation of the mobile food establishment. The act also establishes that a fire safety permit that has been issued to a mobile food establishment by a local government is valid in any other local government jurisdiction if the fire safety permit was issued: By a local government that has adopted the most recent international fire code or a fire code that has incorporated the minimum standards for mobile food establishments developed by the division of fire prevention and control; and After completing an inspection by a certified fire inspector. The act requires that a mobile food establishment send a copy of the fire safety permit to the local government in which they intend to operate at least 14 days in advance of operation. While operating in a local government's jurisdiction, the mobile food establishment must comply with that local government's fire safety code and is subject to inspection and enforcement by the local government. The act authorizes the division of fire prevention and control to adopt minimum codes and standards for the operation of mobile retail food establishments for use by local governments. The act takes effect January 1, 2026. (Note: This summary applies to this bill as enacted.)

The act continues the department of agriculture's (department) oversight of the "Commodity Handler and Farm Products Act" for 7 years, until 2032. The act also increases the limit for qualifying as a "small-volume dealer" from $20,000 of farm products or commodities purchased per year to $45,000. The act permits the commissioner of agriculture (commissioner) to periodically adjust the small volume dealer limit. The act explicitly excludes marijuana from the definition of "commodity" under the "Commodity Handler and Farm Products Act". Under current law, civil penalties collected by the department are deposited into the inspection and consumer services cash fund (fund). The act requires those civil penalties to be transferred to the general fund rather than the department's fund. Under current law, a dealer or commodity handler must file a bond or irrevocable letter of credit (bond or credit) with the commissioner. The bond or credit is intended to cover any claims of injury submitted by a producer or owner against the dealer or commodity handler. The act prohibits a producer or owner from submitting a claim and collecting reimbursement from the bond or credit if the producer or owner is also the owner of at least 5% of the voting shares of the dealer or commodity handler or the dealer's or commodity handler's parent company. (Note: This summary applies to this bill as enacted.)

The act allows, but does not require, an eligible patient to request from a manufacturer the manufacturer's individualized investigational drug, biological product, or device, which is a drug, biological product, or device that is unique and produced exclusively for use by an individual patient based on the patient's own genetic profile. The manufacturer must be operating within an institution that operates under federal rules for the protection of human subjects. An eligible patient is an individual who has: A life-threatening or severely debilitating illness, as attested to by the patient's treating physician; Considered all other treatment options currently approved by the United States food and drug administration; Received a recommendation from the patient's treating physician; Given written, informed consent for the use of the individualized investigational drug, biological product, or device; and Documentation from the treating physician that the individual meets the definition of "eligible patient". The act authorizes, but does not require, a manufacturer to make the individualized investigational drug, biological product, or device available to an eligible patient at no charge, but the manufacturer may require payment to cover the cost. If any harm is caused to the eligible patient resulting from the use of the individualized investigational drug, biological product, or device, a private right of action cannot be brought against the manufacturer or against any other individual or entity involved in the care of the eligible patient with regard to the eligible patient's use of the individualized investigational drug, biological product, or device, so long as the manufacturer, individual, or entity complied with the law and exercised reasonable care. The act prohibits disciplinary action against a health-care provider's license based on the health-care provider's recommendations regarding the use of the individualized investigational drug, biological product, or device. The act does not affect a health-care insurer's obligation under current law relating to coverage for an insured's participation in a clinical trial. (Note: This summary applies to this bill as enacted.)

Under current law, an investor-owned electric utility (utility) may apply to the public utilities commission (commission) for approval to charge certain commercial or industrial customers of the utility an economic development rate (economic development rate), which is a reduced rate offered to a commercial or industrial customer that locates or expands their operations in Colorado, that adds at least 3 megawatts of new load at a single location within the utility's service territory, and that demonstrates certain other requirements to the satisfaction of the utility (qualifying commercial or industrial customer). The act makes adjustments to the requirements for an economic development rate by: Requiring that an approved economic development rate not increase costs of electric service for other customers; Clarifying that an approved economic development rate does not relieve a utility of its obligation to achieve compliance with greenhouse gas emission reduction requirements; Authorizing a utility to apply to the commission for an expansion of the maximum duration of the economic development rate from 10 years to 25 years; Expanding the maximum load at a single location of a qualifying commercial or industrial customer for an individual project that does not require commission approval from 20 megawatts to 40 megawatts; and Updating the application process required for seeking approval of an economic development rate by requiring that the commission: Approve or deny an application within 120 days after a notice period of 14 business days after the application was filed; except that, if the load is more than 150 megawatts, the commission shall approve or deny the application within 210 days after the notice period; and Consider the broader economic benefits associated with the application for other classes of utility customers and for the surrounding community.(Note: This summary applies to this bill as enacted.)

The act eliminates the requirement for a second election to negotiate a union security agreement clause in the collective bargaining process. VETOED by Governor 5/16/2025(Note: This summary applies to this bill as enacted.)

The act amends the "Colorado Mined Land Reclamation Act" and the "Colorado Land Reclamation Act for the Extraction of Construction Materials" to: Contemplate the expedited issuance of reclamation-only permits to persons desiring to conduct reclamation-only operations after September 1, 2025, on less than 5 acres; and Update restrictions and requirements concerning the posting and forfeiture of financial warranties relating to mine reclamation projects. The act prohibits the office of mined land reclamation from issuing a reclamation-only permit to a mining operation at which: Toxic or acidic chemicals used in extractive metallurgical processing are present on site; Acid- or toxic-forming materials will be exposed or disturbed as a result of mining operations; or Uranium is developed or extracted, either by in situ leach mining or by conventional underground or open mining techniques. The act also enacts the "Interstate Mining Compact" and ratifies Colorado's membership in the associated Interstate Mining Commission. (Note: This summary applies to this bill as enacted.)

The act reorganizes the plumbing profession definitions into alphabetical order, repeals certain relocated definition provisions, and makes conforming amendments in statutes referencing the relocated definition provisions. (Note: This summary applies to this bill as enacted.)

Individuals applying for hunting or fishing licenses in Colorado must also purchase a Colorado wildlife habitat stamp. The division of parks and wildlife in the department of natural resources uses the money collected from the Colorado wildlife habitat stamp for the benefit of wildlife habitat or access to wildlife habitat in the state. The Colorado wildlife habitat stamp program (program) is scheduled to repeal, subject to a sunset review by the department of regulatory agencies, on July 1, 2027. The act continues the program indefinitely. (Note: This summary applies to this bill as enacted.)

The act authorizes the Colorado water conservation board (board) to administer a water supply measurement and forecasting program to collect and disseminate data on snowpack levels, investigate technological advances in snowpack measurement and water supply forecasting, and collect other data that the board determines will assist in those efforts. For the 2025-26 state fiscal year, $104,608 is appropriated to the department of natural resources (department) from the Colorado water conservation board construction fund for the department to implement the act. Of the money appropriated, $15,960 is reappropriated to the office of the governor for use by the office of information technology to provide information technology services for the department. (Note: This summary applies to this bill as enacted.)

The act appropriates the following amounts for the 2025-26 state fiscal year from the Colorado water conservation board (CWCB) construction fund to the CWCB or the division of water resources in the department of natural resources for the following projects: Continuation of the satellite monitoring system, $380,000 (section 1 of the act); Continuation of the floodplain map modernization program, $500,000 (section 2); Continuation of the weather modification permitting program, $500,000 (section 3); Continuation of the Colorado Mesonet project, $200,000 (section 5); Continuation of the water forecasting partnership project, $2,000,000 (section 6); Continuation of the Arkansas river decision support program, $300,000 (section 7); Continuation of technical assistance for the federal irrigation improvement cost-sharing program, $500,000 (section 8); Decision support systems model enhancements to support the Colorado water plan, $1,000,000 (section 9); Support for the basin implementation plan analysis and updates, $4,500,000 (section 10); Continuation of the Colorado watershed restoration and wildfire ready watershed programs, $5,000,000 (section 11); Support for a statewide turf analysis, $1,400,000 (section 12); Support for the Yampa river and Walton creek confluence restoration project, $2,000,000 (section 14); and Support for the south fork focus zone irrigated acreage retirement, $6,000,000 (section 15). Section 4 directs the state treasurer to transfer up to $2,000,000 from the CWCB construction fund to the CWCB litigation fund on July 1, 2025. Section 13 directs the state treasurer to transfer $500,000 from the CWCB construction fund to the plant health, pest control, and environmental protection cash fund on July 1, 2025, and makes an appropriation of that amount to the department of agriculture for use by the conservation services division for the Colorado soil health program. Section 16 authorizes the CWCB to make a loan in an amount of $12,978,500 from the severance tax perpetual base fund to the North Poudre Irrigation Company to support the park creek expansion project. Section 17 appropriates $29,200,000 from the water plan implementation cash fund to the CWCB to award grants that will help implement the state water plan. Sections 18, 19, 20, and 21 eliminate the office of water conservation under the CWCB and the water efficiency grant program, transfer remaining money from the water efficiency grant program cash fund to the severance tax perpetual base fund, and make conforming amendments accordingly. Current law authorizes the governor to appoint a director of compact negotiations. Section 22 states that the governor or the executive director of the department of natural resources shall appoint the director of compact negotiations within 30 days after a vacancy of the position. (Note: This summary applies to this bill as enacted.)