Sen. Janice Marchman

The act allows off-campus courses to be included in concurrent enrollment programs when the off-campus courses meet the requirements for concurrent enrollment programs and the requirements of an accrediting agency recognized by the United States department of education.     The act provides that additional concurrent enrollment courses shall not be approved after July 1, 2028 unless the general assembly indicates in a footnote in the general appropriations act that the department of education (department) has sufficient funding for course and audit oversight requirements to allow approval of additional concurrent enrollment courses.     For the 2026-27 state fiscal year, the act appropriates $66,056 from the general fund to the department and reduces the general fund appropriation for the college opportunity fund program by $80,178 with a corresponding decrease in reappropriated funds for the regents of the university of Colorado.(Note: This summary applies to this bill as enacted.)

The act clarifies that an educational institution denies a person the full and equal enjoyment of a place of public accommodation when the educational institution:On the basis of a protected class, excludes a student from participation in, denies a student the benefits of, or otherwise subjects a student to discrimination in any of the educational institution's programs or activities;Denies educational services, benefits, or opportunities to a student or group of students by treating them differently from a similarly situated student who is, or group of students who are, part of a different subgroup of students within the same protected class; orHas actual notice that a hostile environment based on a protected class exists at the educational institution but fails to take prompt and effective steps reasonably calculated to eliminate the hostile environment, end the harassment that gave rise to the hostile environment, and prevent the harassment from recurring.     The act adds pregnancy and parental status as characteristics that may constitute a protected class for the purpose of 'harassment or discrimination' at an elementary or secondary public school.     The act requires each public institution of higher education (institution) to designate an individual to serve as the Title VI coordinator for the institution. The Title VI coordinator is responsible for ensuring the institution's compliance with the requirements of Title VI of the federal 'Civil Rights Act of 1964', enforcing the institution's Title VI grievance procedures, identifying institutional issues related to Title VI compliance, and aggregating and making publicly available data about alleged violations of Title VI at the institution.(Note: This summary applies to this bill as enacted.)

On or before December 31, 2027, the act requires the department of higher education (department) to establish thriving institution designations and, on or before January 1, 2027, to establish an advisory committee to provide input to the department on the outcome and recognition standards and continuous improvements set by the department to identify institutions of higher education (institutions) that meet the requirements for one or more thriving institution designations.     The act requires the department, with input from the advisory committee, to:Identify institutions that meet the outcome and recognition standards to be designated as a thriving institution;Notify each institution that meets the outcome standards to be designated as a thriving institution and request the institution to respond within 10 calendar days with the institution's decision of whether to be recognized as a thriving institution;Post on the department's website the names of the institutions that earn a thriving institution designation and agree to be listed as a thriving institution; andNotify the general assembly of the names of the institutions that are recognized as thriving institutions.(Note: This summary applies to this bill as enacted.)

The act requires the executive director of the Colorado department of early childhood (CDEC) to adopt rules concerning the requirements for licensed child care facilities to maintain up-to-date employee records in the professional development information system currently administered by CDEC.     The act requires CDEC, on or before July 1, 2026, to begin phasing out its reliance on third parties to investigate and inspect facilities applying for certain types of child care licenses where feasible and to prioritize the use of CDEC personnel to conduct the investigations and inspections instead. The act exempts certain health and sanitation inspections from the phase-out. CDEC must establish standardized training, protocols, and supervision for CDEC personnel and authorized or contracted third parties.     A local governing authority that imposes requirements related to the inspection, permitting, licensing, or approval of a child care center or family child care home beyond the state-level licensing standards (local approval process) shall limit associated fees and prioritize concluding a local approval process that has been delayed or disputed.     The act creates the child care licensure task force (task force) to study and report on recommendations for a streamlined child care licensure system in the state. On or before January 1, 2027, the task force must report on its recommendations to the health and human services and education committees of the house of representatives and the senate, the governor, and CDEC. The performance of the task force's work is dependent upon the receipt of sufficient gifts, grants, and donations.(Note: This summary applies to this bill as enacted.)

Under current law, the public utilities commission (commission) may assess a civil penalty in an amount up to $550 against a transportation network company (TNC) if the TNC had written notice of a TNC driver's violation of certain prohibitions against discriminating against riders and the TNC failed to reasonably address the violation. Additionally, a driver is required to report to the TNC any refusal by the driver to provide services to a rider, and the TNC is required to annually report all such refusals to the commission.     The act removes the condition that a TNC first have written notice of a driver's violation of the discriminatory prohibitions before a civil penalty may be assessed against the TNC, increases the maximum civil penalty to $1,300, and requires the commission to consider certain mitigating and aggravating factors in determining whether to assess a civil penalty and the amount of a penalty assessed. The act also requires:A TNC to mandate and provide education to drivers concerning the transportation of riders with service animals;A TNC to provide monthly, rather than annual, reporting to the commission regarding drivers' refusal to provide services;A TNC to provide a mechanism to allow a consumer to report a driver's refusal to provide transport to the consumer directly on the TNC's digital platform, which information must be included in the TNC's monthly report; andThe commission to aggregate and anonymize the TNCs' monthly reports and make the anonymized reports available to the public.(Note: This summary applies to this bill as enacted.)

When the prison bed vacancy rate in correctional facilities and state-funded private contract prisons falls below 3% for 30 consecutive days, current law requires the department of corrections (department) to notify certain individuals and entities (notification) and implement prison population management measures. The act increases the threshold prison bed vacancy rate to 4% before the prison population management measures to go into effect. The act includes additional individuals and entities that are required to receive the notification and requires the notification to occur within 48 hours of the vacancy rate falling below 4% for 30 consecutive days. The act requires the individuals and entities that receive the notification to acknowledge receipt of the notification and confirm compliance with the prison population management measures. The act requires additional prison population management measures, including requiring the department to request expanding community corrections capacity and make referrals to the parole board, and requiring notified individuals and entities to consider alternatives to prison sentences for certain offenders.     The act appropriates $303,812 to the department to implement the act. The act decreases the appropriation for the 2026-27 state fiscal year to the department for inmate daily rate payments to local jails by $478,778.(Note: This summary applies to this bill as enacted.)

The act creates the commission on medicaid (commission) to develop recommendations regarding implementation of new federal medicaid policy changes that go into effect in 2026, 2027, and 2028 and to support Coloradans impacted by those policy changes.     The commission is required to:Convene at least 6 times but no more than 12 times between May 14, 2026 and December 11, 2026;Invite relevant state agency representatives and medicaid stakeholders to present and provide feedback on commission recommendations; andContract with a technical advisor to assist the commission in writing and submitting a report to the general assembly and the governor documenting the commission's process and any recommendations by December 11, 2026.     The act appropriates $500,000 to the legislative department from the general fund to implement the act.(Note: This summary applies to this bill as enacted.)

Under current law, the Colorado limited gaming control commission (commission), at its discretion, may delegate only certain licensing duties described under the 'Limited Gaming Act of 1991' (gaming act) to the division of gaming (division). The act allows the commission to delegate to the division licensing duties that appear elsewhere in the gaming act.     The act authorizes investigators of the division and their supervisors to inspect, examine, investigate, hold, or impound any premises in the state where an investigator or supervisor suspects that unlicensed gaming or unlicensed sports betting is conducted.     Under current law, the division is required to operate a program that allows individuals to voluntarily exclude themselves from gaming activities in the state. The act expands the program to allow individuals to voluntarily exclude themselves from sports betting in the state.     The act clarifies the definition of 'race meet' for purposes of the regulation of racing events. The act also adds other definitions of terms used in laws concerning gaming.     The act states that a designee of the director is a peace officer while engaged in the performance of their duties whose primary authority includes the enforcement of all laws of the state.     Current law prohibits a licensee from offering certain games without acquiring prior approval from the commission. The act changes this requirement so that a licensee must acquire prior approval from the division.     The act clarifies the process by which the commission and the Colorado bureau of investigation conduct fingerprint-based criminal background checks of applicants for gaming licenses.(Note: This summary applies to this bill as enacted.)

For state fiscal year 2026-27, the act appropriates $5,000,000 from the species conservation trust fund (trust fund) in the state treasury for various wildlife conservation programs directed at conserving candidate species or species that are likely to become candidate species, as determined by the United States fish and wildlife service. The executive director of the Colorado department of natural resources, after consulting with the Colorado water conservation board, the parks and wildlife commission, and the director of the division of parks and wildlife, has submitted to the general assembly a list of programs and associated costs that are eligible to receive funding from the trust fund as follows:$2,380,000 for the upper Colorado river endangered fish recovery program and San Juan river basin recovery implementation program;$60,000 for Rio Grande native fish protection and habitat improvements;$60,000 for selenium management, research, monitoring, evaluation, and control;$1,250,000 for native terrestrial wildlife conservation; and$1,250,000 for native aquatic wildlife conservation.     Trust fund money made available for native terrestrial wildlife conservation is not available for purposes of importing new wolves for reintroduction into the state for state fiscal year 2026-27.(Note: This summary applies to this bill as enacted.)

The act implements recommendations of the department of regulatory agencies (department) in its 2025 sunset review of the public utilities commission (commission) as follows:Sections 1 and 3 of the act continue the commission for 7 years to September 1, 2033;Sections 4, 8, 10, 11, 16, and 17 authorize the commission to send communications by email;Sections 20 through 22 modernize certain processes, provide additional transparency, and clarify inconsistencies in certain energy statutes by:Aligning the renewable energy standard with the statutes governing clean energy targets and removing the requirements for municipally owned utilities to submit an annual compliance report to the commission regarding renewable energy standard requirements and for qualifying wholesale utilities that comply with electric resource planning to also demonstrate compliance with electric resource standards;Directing the commission to perform a study to identify any barriers to joint procurement by electric utilities with regard to advanced technology generation resources;Section 23:Prohibits an individual from impersonating a transportation network company (TNC) driver (driver). An individual who violates the prohibition commits a class 2 misdemeanor. An individual who impersonates a driver during the commission of a felony offense commits a class 6 felony. A TNC is required to conduct periodic checks utilizing facial recognition software or equally or more effective technology, as approved by the commission, to prevent driver impersonation in accordance with rules adopted by the commission. The periodic check requirement does not apply to a TNC that predominantly contracts to serve public or private schools or the government and complies with at least 90% of the commission's rules regarding safety standards for TNCs that contract with schools or school districts.Requires a TNC to provide information about the commission, including information about how a rider may contact the commission to file a complaint using a TNC's digital network, to a rider in accordance with rules adopted by the commission; andRequires commission staff who process TNC customer complaints to receive training in trauma-informed practices;Section 25 expands the types of drivers who need to have criminal history record checks performed to include drivers who are employed by any motor carriers and contract carriers;Section 28 requires the commission to perform a market study to determine if the current systems of regulating intrastate contract and common carriers optimally balance consumer protections with industry and regulatory efficiency and to report its findings and recommendations based on the study to the general assembly by January 1, 2028;Sections 29 and 30 replace the current inspection requirements for a charter bus, children's activity bus, fire crew transport, luxury limousine, off-road scenic charter, and large-market taxicab with a requirement that these vehicles be inspected on a schedule and to a standard set by rules adopted by the commission;Sections 31 through 36 and 38 update the state railroad regulation requirements to mirror current federal law and to repeal obsolete provisions;Section 39 removes the $500 fee cap paid by companies to access the Colorado no-call list, replaces it with a $1,000 fee cap, and requires conforming list brokers, which are companies that purchase the no-call list and sell it to other companies, to pay a fee established by the commission by rule;Section 41 authorizes the commission to administratively assess a filing fee schedule for filings related to communication services, telecommunications services, and basic emergency services to help finance the commission's telecommunications-related work and exempts members of the public filing complaints and public utilities subject to certain revenue-based fees imposed by the commission from paying the filing fees;Section 43 aligns the usage of money collected from charges related to the provision of 911 services with federal requirements by clarifying that the money may be expended for public safety radio equipment outside of a public safety answering point only if the equipment is used for dispatching emergency service providers to respond to 911 calls;Section 44 authorizes the commission to adopt rules that establish caps on rates charged by penal communications service providers on intrastate penal communications services provided for intrastate communications with individuals in correctional facilities and to enforce the intrastate rate. Section 44 also authorizes the commission to adopt rules requiring penal communications service providers to report outages and imposing penalties for penal communications service providers' failure to comply with commission requirements. Section 44 also requires:Penal communications service providers to cooperate with commission staff when the staff is performing biannual testing of penal communications services;The commission to develop flyers informing the public how to file complaints to the commission about penal communications services; and Correctional facilities to post the flyers;Section 45 exempts small operators of natural gas pipelines from the minimum $5,000 civil penalty required for violations of pipeline safety laws and authorizes the commission to impose a lesser civil penalty against a small operator;Section 46 directs the commission to perform a study identifying all privately owned water utilities in the state and assessing their financial conditions and needs;Section 47 requires investor-owned electric utilities to provide interconnection information and certificates to taxpayers requesting the information for purposes of claiming the federal clean electricity investment credit; andSection 48 requires the commission, on or before December 1, 2026, to open one or more miscellaneous proceedings to investigate ways to streamline energy planning proceedings, to integrate gas and electric system planning, and to make customer programming more efficient. The commission shall solicit stakeholder feedback in its investigation and, on or before November 30, 2027, shall submit a report of its findings and recommendations to legislative committees with jurisdiction over energy matters.     The act also implements the following changes regarding the commission and its work:Section 2 requires electric and gas investor-owned utilities, including combined utilities, to file annual summaries of anticipated regulatory filings with the commission starting in 2027 and requires the commission to make the filings publicly available on its website, hold informational meetings regarding the filings, and submit annual reports to the general assembly summarizing the commission's major adjudicated cases and rule-makings from the previous year. Starting September 1, 2026, the commission is required to include in each of its decisions a summary of public comments received on the matter.Sections 4 through 8 concern commission authority, personnel, and management functions, with section 4 stating that the commission, acting through its director, has authority over the commission's budgeting, purchasing, planning, and related management functions, including human resources, and section 7 requiring the director of the commission to hire or designate an equity analyst to assist the commission's work regarding equity impact proceedings and to staff an equity task force appointed by the director;Section 4 also requires the governor to consider appointing commissioners with knowledge of the regulated industries and with a diversity of experience and understanding of public interest considerations. Finally, section 4 authorizes the commission to hold weekly meetings and, beginning July 1, 2027, requires a majority of the commissioners attending the weekly meetings to attend in person.Sections 9 and 12 provide that, with certain exceptions, adjudications must first be heard by an administrative law judge. Section 12 also requires the commission, by March 31, 2027, to adopt rules regarding the format of en banc commission and hearings and meetings presided over by a single hearing commissioner with respect to whether the hearings are held in person, virtually, or a hybrid of in-person and virtual participation.Section 13 requires that commission rules regarding review of an application must prescribe that an application may only be deemed incomplete if it does not meet the commission's application requirement. Section 13 also provides that the commission's failure to act upon an application within 120 days, or within an extended time granted by the commission not to exceed an additional 130 days or, under extraordinary conditions, not to exceed an additional 90 days, constitutes an approval of the application by operation of law. An unopposed permissive motion for intervention is deemed approved if the commission does not deny the motion within 30 days after its filing.Section 14 increases the maximum civil penalty applicable to public utilities for intentional violations of public utilities law from $2,000 to $7,500, applies such civil penalties to a public utility's violation of a tariff, and requires the commission to consider factors such as utility size, harm caused, and mitigating circumstances or actions in assessing the civil penalties. Section 14 also requires that civil penalties assessed against and collected from electric and gas utilities be credited to the public utilities commission fixed utility fund (fixed utility fund) to be used for affordability programs or outreach and engagement of income-qualified customers and disproportionately impacted communities.Section 15 provides guidance for intervenor compensation in commission proceedings by authorizing the commission to award an intervenor compensation if the commission determines that the intervenor made a unique substantial contribution that provided material assistance to the commission in developing the record in a proceeding and incurred reasonable costs in the proceeding. The commission may adopt rules regarding intervenor compensation, including rules for intervenor petitions for compensation and guidelines for determining reasonable costs incurred and material assistance.Under current law, money in the legal services offset fund is continuously appropriated to the department to offset its costs of legal representation in matters involving public utilities law. Section 18 shifts the appropriation to the commission to offset its costs of legal representation in such matters.Section 21 removes verification of municipally owned utilities' voluntarily filed clean energy plans by the division of administration in the department of public health and environment;Section 22 requires the commission, on or before December 31, 2027, to adopt rules establishing minimum quality-of-service metrics for investor-owned electric and gas utilities in the state;Section 24 requires the department to consult with the director of the commission regarding annual TNC permit fees and increases the maximum annual TNC permit fee to $161,250. Likewise, section 26 requires the department to consult with the director of the commission in setting certain administrative fees on motor carriers, and section 40 requires the department to consult with the director of the commission on computation of revenue-based fees owed by utilities.Section 27 provides that a person may apply to a court for enforcement of a commission order, decision, or rule regarding noncompliance by a motor carrier without having first exhausted administrative remedies; andSection 37 requires the commission to engage an independent third-party consultant to conduct a study on how the commission may modernize its personnel, organizational, and budgetary structures, which study must include an evaluation and recommendations regarding the commission's size, compensation, and funding mechanisms for equity objectives. On or before November 1, 2026, the commission shall submit an initial report, and on or before November 1, 2027, a final report, on the study's findings and recommendations to legislative committees with jurisdiction over energy matters.     For state fiscal year 2026-27, section 49 appropriates $298,448 to the department with:$232,712, including $157,712 from the fixed utility fund and $75,000 from the motor carrier fund, for personal services;$16,048 from the fixed utility fund for operating expenses; and$49,688 of the amount appropriated from the fixed utility fund for reappropriation to the department of law for legal services.(Note: This summary applies to this bill as enacted.)