Current law establishes water and energy efficiency standards (standards) for certain appliances and fixtures sold in Colorado. Sections 1 through 7 of the act expand the appliances and fixtures that are subject to the standards and update the standards. Specifically, section 4 updates standards for certain new appliances and fixtures that are sold, leased, or rented in Colorado on and after certain dates, including: Showerheads, urinals, water closets, and certain faucets; Certain lamps; Commercial hot food holding cabinets; Portable electric spas; Residential ventilating fans; and Spray sprinkler bodies. Section 4 also creates new standards for certain new appliances and other fixtures that are sold or leased in Colorado on and after January 1, 2026, including: Air purifiers; Commercial ovens; Electric storage water heaters; Electric vehicle supply equipment; Gas fireplaces; Irrigation controllers; Tub spout diverters and showerhead tub spout diverter combinations; Certain residential windows, residential doors, and residential skylights; and Thermostats. Section 4 also removes standards for air compressors, general service lamps, and uninterruptible power supplies. Section 5 requires the executive director (executive director) of the department of public health and environment (department) to promulgate rules on or before January 1, 2026, and every 5 years thereafter establishing standards for appliances and other devices that are not subject to the standards if certain conditions are met. Section 6 exempts manufacturers of products subject to the standards from having to demonstrate that a product complies with the law if the product appears in the state appliance standards database maintained by the Northeast Energy Efficiency Partnerships or a successor organization. Section 6 also requires the executive director to verify major retailers' and distributors' compliance with the standards through online spot-checks, coordination with other states that have similar standards, or both. The executive director must deliver a report to the legislative committees of reference concerning the method and findings of the verifications, post the report on the department's website, and report any findings of violations to the attorney general. Under current law, any person who sells or offers to sell in the state any new consumer product that is required to meet an efficiency standard but that the person knows does not meet that standard is subject to a civil penalty of not more than $2,000 for each violation, which amount is credited to the general fund. Section 7 credits any penalties imposed to the energy fund created in the Colorado energy office rather than to the general fund and specifies that each transaction or online for-sale product listing constitutes a separate violation. Section 8 establishes the "Clean Lighting Act" to phase out the sale of general-purpose fluorescent light bulbs that contain mercury. With certain exceptions, on and after January 1, 2025, a person shall not manufacture, distribute, sell, or offer for sale in Colorado any linear florescent lamp or compact fluorescent lamp. Section 9 establishes standards for heating and water heating appliances. With certain exceptions, on and after January 1, 2026, a person shall not manufacture, distribute, sell, offer for sale, lease, or offer for lease in Colorado any new water heater or fan-type central furnace unless the emissions of the product do not exceed certain limits on emissions. Section 9 also requires manufacturers to use certain testing protocols, display certain information on each product, and demonstrate compliance through one of 2 described means. Section 9 also allows the executive director to promulgate rules updating any emission standard, definition, or test method for new water heaters or fan-type central furnaces in order to maintain or improve consistency with other comparable standards in other states so long as the updated version results in air quality that is equal to or better than air quality achieved using the prior standard. On or before January 1, 2030, the executive director must conduct an analysis to determine whether statewide greenhouse gas emissions from water heaters and fan-type central furnaces are declining in comparison to emission levels in 2023 in a manner that comports with the statewide greenhouse gas reduction goals. Unless the analysis determines that the emissions trajectory is consistent with achieving the statewide greenhouse gas reduction goals, the executive director shall propose to the air quality control commission rules to bring the emission levels in line with the reduction goals. Sections 8 and 9 both require the executive director to verify major retailers' and distributors' compliance with the prohibitions through online spot-checks, coordination with other states that have similar standards, or both. The executive director must deliver a report to the legislative committees of reference concerning the method and findings of the verifications, post the report on the department's website, and report any findings of violations to the attorney general. If the attorney general has probable cause to believe that a violation occurred, the attorney general may bring a civil action on behalf of the state to seek the imposition of civil penalties, and any civil penalties are to be deposited in the energy fund. For the 2023-24 state fiscal year, the act appropriates $49,730 to the department from the general fund to be used by the department as follows: $5,848 for use by the division of environmental health and sustainability for administration and support; and $43,882 for the purchase of legal services, which amount is reappropriated to the department of law to provide legal services for the department. APPROVED by Governor June 1, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
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For income tax years commencing prior to January 1, 2025, a taxpayer who makes a monetary contribution to promote child care in the state is allowed an income tax credit that is equal to 50% of the total value of the contribution. The act extends the credit for 3 years. The act requires the department of revenue to consult with the early childhood leadership commission, the public-private collaboration unit in the department of personnel, and the department of early childhood to develop recommendations for measuring the effectiveness of the tax credit and recommendations for improving and expanding the tax credit. The act also requires the state auditor to prepare the tax expenditure evaluation report for the credit that the law periodically requires in the income tax year commencing January 1, 2026. For the 2023-24 state fiscal year, $78,254 is appropriated from the general fund to the department of revenue to implement the act and $10,881 of the appropriation is reappropriated to the department of personnel to provide document management services for the department of revenue. APPROVED by Governor May 23, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
The act requires that, on or before January 1, 2024, the commissioner of agriculture adopt rules requiring neonicotinoid pesticides to be designated as limited-use pesticides and authorizing only licensed dealers to sell them. Products containing neonicotinoid active ingredients used in academic research are exempted from the limited-use pesticide designation, as are the following products that contain neonicotinoid active ingredients and for which the product label includes an intended use as: A pet care product; A veterinary product; An indoor pest control product; A personal care product used for preventing, destroying, repelling, or mitigating lice; A product used in structural insulation; A preserved wood product or product used in the manufacturing of wood preservatives; A bait product; or An insect strip. APPROVED by Governor May 17, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.(Note: This summary applies to this bill as enacted.)
The act requires the department of public health and environment (department) to study the impacts, benefits, and feasibility of requiring diversion of organic materials from landfills. The organics diversion study (study) must: Incorporate and utilize data contained in the statewide organics management plan and other existing Colorado studies and research from other states; Explore how to leverage existing organics diversion projects in Colorado to inform implementation of broader organics diversion projects across the state; Evaluate the environmental benefits of diversion of organic materials from landfills; Review and identify the infrastructure needed to enable diversion of organic materials from landfills and create a plan for infrastructure development; Create actionable parameters for local governments to use to determine if, where, and what types of organics processing infrastructure is needed and basic toolkits to help local governments build the infrastructure; Outline and recommend policies and regulations that would enable diversion of organic materials from landfills; Assess informational resources necessary to enable diversion of organic materials from landfills; and Identify opportunities for end-market development of organic materials diverted from landfills. On or before August 1, 2024, the department is required to submit a report of the study's research and findings to specified legislative committees of reference. The act authorizes the use of money in the front range waste diversion cash fund and the recycling resources economic opportunity fund to pay for costs associated with conducting the study. APPROVED by Governor May 17, 2023 EFFECTIVE May 17, 2023 (Note: This summary applies to this bill as enacted.)
The act eliminates the current driver education requirements for a minor to be issued a driver's license and replaces it with the following requirements to be issued a drivers license, including a temporary driver's license: For minors who are under 18 years of age: Complete a 30-hour driver education course approved by the department of revenue (department); and Receive at least 6 hours of behind-the-wheel driving training with a driving instructor or 12 hours of behind-the-wheel training with a parent, a legal guardian, or an alternate permit supervisor; and A minor who is 18 years of age or older and under 21 years of age must: Have been issued a driver's license from another jurisdiction; or Successfully compete a 4-hour prequalification driver awareness program approved by the department. The department is prohibited from collecting a fee for a driving examination if the department did not administer the driving examination. The act also prohibits a person who has been convicted of certain violent or sexual crimes from providing driving instruction to minors. A commercial driving school is prohibited from employing such a driving instructor. Each instructor employed by a commercial driving school must obtain a fingerprint-based criminal history record check to verify that the instructor has not committed a disqualifying crime. The act creates and sets standards for a voucher program that is operated by an enterprise for the purpose of paying private driving schools for conducting driver education courses and examinations for people whose household income is less than 3 times the federal poverty limit. The enterprise is governed by a board that consists of 5 members: One member who represents the executive director of the department and who is the chair of the governing board; One member who has experience providing translation services or administering programs that assist individuals for whom English is not their native language; One member who represents a provider of a driver education course approved by the department; One member who has experience working with youth; and One member who represents rural areas. The enterprise will promulgate policies to administer the voucher program, including: The form and manner to apply for a voucher; The method to demonstrate eligibility for a voucher; and The determination of the voucher amount. An individual that receives a voucher must use the voucher to pay the cost to enroll in a driver education course. Upon request and when reasonably possible, the enterprise is required to provide translation services for driving examinations. To implement the act, a fee is established on applications for or issuance of an instruction permit or a driver's license. VETOED by Governor May 16, 2023 (Note: This summary applies to this bill as enacted.)
The act increases the required annual appropriation to the department of education from the state education fund or the general fund by an additional $40,203,671 for children who have one or more disabilities and who receive special education services from a school district, board of cooperative services, a charter school network, a charter school collaborative, or the state charter school institute that is providing educational services to exceptional children. APPROVED by Governor May 15, 2023 EFFECTIVE May 15, 2023 (Note: This summary applies to this bill as enacted.)
As an alternative route to teacher licensure, the act creates a teacher degree apprenticeship program (apprenticeship program). The apprenticeship program builds on elements of current alternative teacher licensure programs, including a bachelor's degree requirement, training programs approved by the state department of education (CDE), and structured on-the-job training. The apprenticeship program is run collaboratively with the United States department of labor office of apprenticeship (DOL office) and the state apprenticeship office (state office) and utilizes apprentice mentor teachers and teacher apprenticeship program sponsors (sponsor). The act allows CDE to issue a teacher apprenticeship authorization (authorization) to a person (apprentice) who is employed by a school district, board of cooperative services, charter school, or institute charter school (school) who is actively registered in an apprenticeship program, and who is actively enrolled in an affiliated bachelor's degree program from an accredited institution. The authorization is valid for 4 years while the apprentice completes the bachelor's degree requirement of the program. CDE may renew the authorization for up to 2 successive terms, in increments of 2 years, as necessary for the apprentice to fulfill the apprenticeship requirements. An authorization is invalid if the apprentice withdraws from any part of the apprenticeship program or fails to make satisfactory progress. Upon application from an entity with expertise in apprenticeship or teacher preparation, CDE shall authorize the entity to serve as a sponsor. Applications to serve as a sponsor must include a proposed work process schedule and related instruction plan required by the DOL office and state office. CDE shall review each application and approve or disapprove the sponsor. If approved, the sponsor may apply to CDE for approval of an apprenticeship program. An apprenticeship program must meet the following criteria: Be registered with the DOL office or state office; Incorporate a bachelor's degree program from an accredited institution in a related field of study relative to the licensure type; and Incorporate on-the-job training in meaningful and time-saving ways. Every 5 years after apprenticeship program approval, CDE shall consult with the DOL office or state office concerning the federally required audit of the apprenticeship program to ensure the apprenticeship program continues to meet requirements. The state board of education is authorized to promulgate rules for the implementation of the apprenticeship program. For the 2023-24 state fiscal year, $116,134 is appropriated from the general fund to the department of education. For the 2023-24 state fiscal year, $26,435 is appropriated to the department of law from reappropriated funds received from the department of education. The department of law may use this appropriation to provide legal services for the department of education. APPROVED by Governor May 15, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
The act: Increases the statewide base per pupil funding for the 2023-24 budget year by $598.25, to account for inflation; Sets as the new statewide base per pupil funding amount $8,076.41 for the 2023-24 budget year; and Sets the target number for the 2023-24 budget year at not less than $9,101,600,922. The act repeals the budget stabilization factor, effective July 1, 2024. Current law includes a 5-year averaging provision, which determines a district's pupil count for each budget year by determining the greater of the funded pupil count for the applicable budget year or an average of one to 4 of the prior budget years. The act provides a similar averaging provision for the institute charter schools on a per-school basis. For the 2023-24 budget year, the act appropriates $30 million for distribution to large rural districts and small rural districts, including district charter schools and each institute charter school whose accounting district is a large or small rural district. Large rural districts receive 55% of the appropriation, and small rural districts receive 45% of the appropriation. The act uses the districts' funded pupil count for the 2022-23 budget year. For the 2023-24 budget year, a district's at-risk funding is the greater of the district's at-risk funding amount for the 2022-23 budget year or the 2023-24 budget year. The act amends eligibility criteria for the mill levy override match program to exclude an otherwise eligible school district from receiving a state-funded override mill match if the sum of the district's override mills is equal to or greater than the district's override mill capacity, as defined by statute. For the 2023-24 budget year, the act transfers $23,376,536 from the state education fund to the mill levy override match fund. For the 2023-24 budget year, the act appropriates $300,000 from the state education fund to the department of education (department) for the purpose of reimbursing schools for expenses related to replacing an American Indian mascot. For the 2023-24 budget year, the act appropriates $10 million from the state education fund to be distributed to preschool providers that are a school of a school district, a district charter school, or an institute charter school, subject to requirements. For the 2023-24 budget year, the act appropriates $1,058,115 from the state education fund to support universal screening to identify gifted children through second grade. The act specifies that for the purpose of any law, with certain exceptions, that applies to or exempts a public entity or a public official, a charter school has the same status as a school district, and certain persons affiliated with the charter school have the same status as a complementary counterpart in a school district. Furthermore, the act clarifies the application of certain laws to charter schools. The act permits the department, school districts, and institute charter schools to consider life-cycle costs when contracting for technology. Under current law, every 3 years, the department is required to prepare a report and evaluation on the successes or failures of charter schools, school reform efforts, and suggested changes to laws affecting charter schools. The act makes this an annual requirement starting in the 2023-24 budget year. Under current law, a new at-risk measure in the public school funding formula must be implemented in the 2023-24 budget year. The act extends the implementation of this requirement to the 2024-25 budget year and requires the department to conduct pre-implementation modeling and testing using the new at-risk measure and report modeling and testing findings to the education committees of the senate and house of representatives and the joint budget committee. The act creates a public school finance task force for the purpose of examining and making recommendations concerning school finance. The task force is required to submit a report to the education committees of the senate and house of representatives and the joint budget committee by January 31, 2024. Furthermore, the task force is required to set parameters to examine the adequacy of school finance in Colorado, and the department is required to contract with 2 independent entities to report their findings by January 3, 2025. For the 2023-24 budget year, the act appropriates $408,625 from the state education fund for administration related to the implementation of the task force. The act amends certain requirements for a charter school's application for financial assistance for public school capital construction. The act extends child nutrition school lunch protection program funding to be used to offset the costs incurred by a facility school in providing lunch to students who are placed in the facility and eligible to participate in the program. The act excludes the costs associated with providing for an independent evaluation from the 20% of the money appropriated to the Colorado imagination library program to be used by the contractor for operating costs. Starting in the 2024-25 budget year, the act creates a formula for the funding of mill levy equalization for all institute charter schools. For the 2023-24 budget year, the act appropriates: $2.5 million to the mill levy equalization fund from the general fund; $10 million to the department for state aid for charter school facilities; and $500,000 to the department for the purpose of translating individualized education program documents, contingent upon House Bill 23-1263 becoming law. Makes an appropriation made in section 25 of the act effective only if House Bill 23-1263 becomes law. APPROVED by Governor May 15, 2023 EFFECTIVE May 15, 2023 NOTE: House Bill 23-1263 became law, effective May 25, 2023. (Note: This summary applies to this bill as enacted.)
The act authorizes the Colorado energy office to award grants for retrofitting existing buildings for installation of geothermal systems for heating and cooling under the single-structure geothermal grant that the office administers, and for generating geothermal energy through direct air capture technology under the geothermal electricity generation grant that the office administers. The act establishes labor standards for thermal energy public projects that a state agency or a state institution of higher education procures. In Colorado, a gas distribution utility providing gas service to more than 90,000 retail customers is required to file with the public utilities commission (commission) a clean heat plan, which plan demonstrates how the utility will use clean heat resources to meet clean heat targets for reducing carbon dioxide and methane emissions. The act adds thermal energy as an eligible clean heat resource for helping to meet clean heat targets. A gas utility that the commission regulates is authorized to apply for review and approval of the use of thermal energy networks in the gas utility's service area. A gas utility that the commission regulates and that serves more than 500,000 customers is additionally required to propose pilot thermal energy network projects for the commission's review and approval. The commission shall initiate a proceeding on or before January 1, 2025, to determine if rule-making or legislative changes are needed to facilitate the development of thermal energy in the state. The act repeals the "Geothermal Heat Suppliers Act", which requires geothermal heat suppliers to obtain operating permits from the commission. APPROVED by Governor May 11, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)