Rep. Richard Holtorf

The bill modifies the following statutory provisions that apply to solar energy so that they also apply to geothermal energy: which generally is using the heat of the earth to generate electricity or to heat or cool space or water: Section 1 of the bill requires the Colorado energy office (office) to develop basic consumer education and guidance about leased or purchased geothermal or, if available, leased installation in consultation with industries that offer these options to consumers of a system that uses geothermal energy for water heating or space heating or cooling in a single building or for space heating for more than one building through a pipeline network; Sections 2, 6, and 8 limit the aggregate of all charges or other related or associated fees the state, a county, or a municipality may impose or assess to install a geothermal energy system, which means a system that uses geothermal energy for water heating or space heating or cooling in a single building, for space heating for more than one building through a pipeline network, or for electricity generation; Section 3 specifies that geothermal equipment is a type of pollution control equipment that the division of administration in the department of public health and environment may certify as pollution control equipment; Section 4 specifies that a "project" for purposes of the "County and Municipality Development Revenue Bond Act" includes capital improvements to existing single-family residential, multi-family residential, commercial, or industrial structures, to retrofit such structures for installation of geothermal improvements a system that uses geothermal energy for water heating or space heating or cooling in a single structure; Section 5 permits a county board of commissioners or a regional planning commission, and section 9 requires permits a municipal development commission, to include methods for assuring access to appropriate conditions for geothermal energy sources in a master plan for development; Section 7 specifies that the addition of a geothermal energy device to such building used as part of a system that uses geothermal energy for water heating or space heating or cooling to a building is not necessarily considered a structural alteration for purposes of continuing a nonconforming use of a building, structure, or land under a county zoning resolution; Section 10 permits the Colorado agricultural value-added development board to use some of the money in the agriculture value-added cash fund for geothermal energy generation facilities that are colocated with agricultural uses; Section 11 10 adds a geothermal energy device to the types of renewable energy generation devices that cannot be prohibited in legal instruments related to the transfer or sale of, or interest in, real property; Section 13 includes an independently owned geothermal energy system, which is defined in section 12 , in the property tax exemption for household furnishings; Section 14 11 creates community geothermal gardens, which are analogous to community solar gardens; except that a qualifying retail utility is permitted and not required to purchase electricity and renewable energy credits generated from one or more community geothermal gardens; and Sections 15 and 16 12 through 16 create conforming amendments to the definition of "qualified community location" to incorporate community geothermal gardens for purposes of local improvement districts and municipal special improvement districts to the creation of community geothermal gardens. Section 1 requires permits the office to update the greenhouse gas pollution reduction roadmap to expressly include geothermal energy as a renewable energy resource that qualifying retail utilities may use to achieve the electric utility sector greenhouse gas pollution reduction goals set forth in the roadmap. (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 the department of human services (department) to spend money appropriated to the department from the general fund in House Bill 22-1329 to expand career and technical education and vocational training programs in designated youth facilities for juveniles in the custody of the department. The act prevents an employer from requiring an applicant for employment of any age to disclose information related to an arrest, detention, processing, diversion, supervision, adjudication, or court disposition that occurred while the applicant was subject to the process and jurisdiction of the juvenile court, and an applicant of any age is not required to disclose such information in response to an employer inquiry. The act does not apply to the screening of applicants who have direct contact with vulnerable persons or the screening of applicants required by licensed child care, nor does it apply to any law enforcement agency or to any political subdivision. The act prohibits state or local agencies from denying or taking adverse action against an applicant who has been adjudicated for a delinquent act in a juvenile proceeding, but who is otherwise qualified for a license, certification, permit, or registration. (Note: This summary applies to this bill as enacted.)

The act requires that before a person conducts a controlled burn, the person must provide notice in accordance with any local rules and regulations and if there are no local rules and regulations, then the notice is provided to the local dispatch center, the county sheriff, and where applicable to the fire department (defined to include a fire protection district as well as a county, municipality, or metropolitan district or county improvement district that provides fire protection). The act also defines "controlled burn" to include specific types of burns that are intentionally started on private property that is not classified as agricultural land. The act requires the state treasurer to transfer $100,000 from the general fund to the local firefighter safety and disease prevention fund for need-based grants to volunteer fire departments. (Note: This summary applies to this bill as enacted.)

The act requires the department of health care policy and financing (department) to prepare a behavioral health rates report of medicaid reimbursement rates for community mental health providers and independent mental health and substance use treatment providers. The department shall hire an independent auditor to prepare the behavioral health rates report. The department shall, in coordination with the behavioral health rates report, prepare recommendations to create equitable payment models between providers of community mental health centers and independent mental health and substance use treatment providers providing comparable behavioral health services. The department shall present the behavioral health rates report and recommendations to the house of representatives public and behavioral health and human services committee. The audit conducted must reflect data from state fiscal year 2020-21 and include a determination and recommendations on the adequacy of reimbursement rates paid to medicaid mental health providers. The department shall present an action plan to implement changes to reimbursement rates based on the findings of the audit to the joint budget committee before November 15, 2022. The department shall also prepare an annual progress report on the state's progress in implementing the action plan and provide an update at the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearing on or before August 1, 2023, and annually thereafter through August 1, 2025. The act requires the department to fully implement the action plan no later than December 31, 2025. The department shall publish an annual cost report on or before March 15, 2023, and each year thereafter. The department shall establish a cost report template and cost reporting schedule to assist community mental health centers in relaying cost information to the state department. The department shall establish a transparency report that translates the cost report data into meaningful and actionable information to ensure equity in provider compensation and adequate access to care for medicaid members. The department shall redact certain information from the cost reports to ensure compliance with state and federal privacy laws. The department shall create a publicly accessible website providing information on the behavioral health rates reports and information to assist the public, medicaid providers, and medicaid members in understanding the published information. (Note: This summary applies to this bill as enacted.)

Under current law, with certain exceptions, an insurance company that is formed by authority of any other state or government (foreign insurance company) may not transact business in Colorado until it has first appointed, in writing, the commissioner of insurance (commissioner) to be the true and lawful attorney of the company in and for Colorado, upon whom all lawful process in any action or proceeding against the company may be served with the same effect as if the company existed in Colorado. However, an insurance company that maintains a home office or regional home office in Colorado is not subject to this requirement but must instead file with the commissioner the name of a person designated to receive service of process. The act removes the requirement that a foreign insurance company appoint the commissioner as its lawful attorney for receipt of service of process and instead requires each insurance company to designate a registered agent for receipt of service of process, regardless of whether the insurance company maintains a home office or regional home office in Colorado. However, service of process may be made on the commissioner if: An insurance company fails to appoint or maintain a registered agent as required; An insurance company's registered agent cannot be found with reasonable diligence; or An insurance company's certificate of authority is revoked. If an individual reasonably relies on the list of registered agents maintained by the commissioner and serves otherwise valid process on the registered agent of an insurance company so designated in the list, and it is later determined that the registered agent listed by the commissioner is not the correct registered agent properly designated by the company, then: The individual may serve process upon the commissioner; and If the individual uses due diligence to serve the commissioner, the applicable statute of limitations is tolled for the period of time beginning when the incorrect registered agent received service of process and ending when the commissioner receives service of process.(Note: This summary applies to this bill as enacted.)

The Colorado water conservation board (board) finances water projects throughout the state. Current law requires the board to prioritize projects that will increase the beneficial consumptive use of Colorado's undeveloped compact-entitled waters. The bill includes within this priority a specific priority for projects that increase or improve water storage the beneficial consumptive use of compact-entitled water in the South Platte river. basin as a means of increasing the beneficial consumptive use of undeveloped water entitled under the South Platte river compact and in a manner that reduces reliance on transmountain diversions. (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.)

Current law requires a legislative committee of reference to hold a hearing on whether to continue or terminate the existence of each division, board, agency, or advisory committee that is subject to sunset review. The bill reestablishes the committee for sunrise and sunset review (committee) and requires this committee to hold the hearings instead. The committee consists of 6 legislators, appointed as follows: 2 members appointed by the speaker of the house of representatives; 2 members appointed by the senate president; One member appointed by the house of representatives minority leader; and One member appointed by the senate minority leader. The committee is also responsible for: Reviewing proposals to regulate a new professional or occupational group; and Reviewing each bill introduced during the legislative session that creates a new advisory committee, which includes committees, boards, and commissions.(Note: This summary applies to this bill as introduced.)