Sen. Chris Kolker

The act repeals obsolete references to the teacher residency expansion program (program), which was repealed in 2023. Current law continues to reference the definition for "paraprofessional" as it appeared in the program. The act recreates the definition of "paraprofessional" for the current statutory uses of the term. (Note: This summary applies to this bill as enacted.)

The act prohibits the department of human services (department) from requiring an applicant for the low-income home energy assistance program (program) to provide their citizenship or immigration status on an application for assistance under the program, unless that information is required as a condition of eligibility for the program. The department is also prohibited from sharing the citizenship or immigration status of an applicant for or recipient of assistance under the program with any federal law enforcement agency, unless disclosure is required by law or court order. If an individual applies for assistance under the program and the individual's application is denied due to insufficient or incomplete documentation, the department must provide notice to the applicant that their application has been denied and provide the applicant at least 60 days to correct or complete the application. The investor-owned public utility of which the applicant is a customer must place a disconnection hold on the applicant's utility service for no more than 60 days while the customer's application is pending review. (Note: This summary applies to this bill as enacted.)

The act requires that, immediately after a railroad notifies the state's watch center in the department of public safety (watch center) of an emergency involving a train, the watch center must notify the public utilities commission (commission) and the office of rail safety (office) of the incident. The commission is required to submit a report to specified committees of the general assembly on the information reported by railroads regarding an emergency involving a train. A crew member of a train operated by a railroad may communicate with first responders during an emergency situation after notifying the railroad dispatch. A crew member has discretion in determining the appropriate response to the emergency situation, including cutting the railroad crossing. A railroad employee or a crew member is immune from civil liability and is not liable in civil damages for actions taken in good faith in the course of a response to an emergency situation involving a train. The act eliminates the shared authority that the commission, the department of public safety, and the department of transportation had to inspect and investigate railroads and grants the commission alone the authority to engage in inspection, investigation, and enforcement activities regarding the following railroads: A class I railroad; A railroad operating on any line that was used by class I railroads as of July 1, 2024; and A passenger railroad. The act requires the office to gather, analyze, and assess information, including: Data to create a more comprehensive understanding of railroad safety; Wayside detector information; Information regarding blocked public crossing locations; Information regarding railroad maintenance activity; An assessment of the state's ability to respond to a large-scale release of hazardous materials from railroad transportation; The best practices for ensuring financial responsibility for response, cleanup, and damages from major rail events, including reviewing best practices from other states; and Communication issues impacting railroad lines in the state. Beginning on or before July 1, 2027, a railroad regulated by the commission is required to pay a fee to cover the costs incurred by the commission and the office in relation to the act. The commission shall determine a methodology for calculating the fee by rule, and the commission may include specified criteria in the calculation. The total amount collected pursuant to the annual fee must not exceed $2,900,000 in a calendar year. A railroad regulated by the commission must pay the fee in equal quarterly installments and is subject to penalties and interest if they fail to timely pay the fee. (Note: This summary applies to this bill as enacted.)

The act extends the Emily Keyes - John W. Buckner organ and tissue donation awareness fund indefinitely. (Note: This summary applies to this bill as enacted.)

Section 1 of the act defines the board of trustees of the public employees' retirement association (board) as a local public body for purposes of the open meetings law. Section 2 limits the terms of both elected and appointed members of the board to not more than 2 consecutive 4-year terms; except that the state treasurer is not subject to the 2-term limit. A former trustee who has served 2 consecutive terms may be reelected or reappointed to the board after not serving on the board for a period of at least one term. Section 2 also clarifies how such term limits apply in the case of a vacancy appointment. Section 3 requires the board, on and after January 1, 2025, to conduct its meetings in accordance with the open meetings law as a local public body and requires the board to post and regularly maintain and update the public employees' retirement association's (association) website with information including: The notice with specific agenda information, if available, for the board's next public meeting; The policy for and process by which a member of the public may participate in any public meeting of the board; A link or other means of public access to the records of past public meetings of the board; and The official email address of the board. Section 3 also requires that, on or before January 1, 2026, and on or before January 1 of each calendar year thereafter, the board post certain financial information of the association on the association's website. Section 4 clarifies that, while the board may delegate any of its responsibilities, duties, and powers to the executive director of the association or other designated agents, the board retains authority and responsibility for the management of the association and all its statutory duties and powers through a specified existing administrative process. (Note: This summary applies to this bill as enacted.)

The act creates a civil cause of action for a peace officer if the peace officer reports or discloses conduct that is in violation of, or the peace officer reasonably believes is in violation of, any law or policy and the report or disclosure is a contributing factor in the employer of the peace officer's decision to take adverse employment action against the peace officer. A peace officer may seek the following damages: Reinstatement; Back pay with interest; Any other equitable relief the court deems appropriate; Compensatory damages for other pecuniary losses, emotional pain and suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses; and Reasonable attorney fees and costs. The act creates an affirmative defense to the action if the peace officer's employer would have taken the action that forms the basis of the suit against the peace officer based on a legitimate nonretaliatory basis. The action is not subject to the "Colorado Governmental Immunity Act". The statute of limitations to bring the action is 2 years. The act does not apply to an employee who provides false information or who does not follow internal reporting and administrative procedures related to whistleblower conduct. All law enforcement agencies shall provide a training to employees or a workplace posting, or both, regarding the requirements of the act. (Note: This summary applies to this bill as enacted.)

The act requires a school district, a charter school, an institute charter school, a board of cooperative services, or the Colorado school for the deaf and the blind (local education provider) to satisfy certain requirements concerning installation, inspection, and maintenance of heating, ventilation, and air conditioning (HVAC) systems in schools if the local education provider undertakes HVAC infrastructure improvements using money from the "Infrastructure Investment and Jobs Act" cash fund. The requirements established in the act concern: Ventilation verification assessments, which include assessments of an HVAC system's filtration, ventilation exhaust, economizers, demand control ventilation, air distribution and building pressurization, general maintenance requirements, and operational controls ; The preparation of HVAC assessment reports; The review of HVAC assessment reports by mechanical engineers, who make recommendations regarding necessary repairs and improvements, suggest pathways to reduce emissions, and estimate associated costs; HVAC adjustments, repairs, upgrades, and replacements; and The preparation of HVAC verification reports, which must be maintained for at least 5 years and made available to the public upon request. The act establishes mandatory criteria that an HVAC contractor must satisfy in order to perform work described in the act. A local education provider that undertakes HVAC infrastructure improvements using money from the "Infrastructure Investment and Jobs Act" cash fund must do so using only contractors on the certified contractor list established by the department of labor and employment, unless the local education provider determines that there were no responsive, eligible subcontractors available to fulfill the mechanical, electrical, or plumbing portions of the contract. (Note: This summary applies to this bill as enacted.)

On or before September 1, 2025, the act requires the office of school safety (office) to convene and oversee a work group to develop best practices for the use of trauma-informed practices to conduct school safety drills. The act requires the work group to convene its first meeting no later than 56 days after the office receives $50,000 of gifts, grants, or donations for the purpose of the work group or receives an in-kind donation with a value of $50,000 as part of a public-private partnership agreement. No later than one year and one month after the office receives $50,000 of gifts, grants, or donations or receives an in-kind donation with a value of $50,000, the act requires the work group to develop recommendations to support schools in training school personnel on the use of trauma-informed practices in conducting school safety drills, how to best conduct school safety drills in a trauma-informed manner, and how to best respond to a school safety incident. The act requires that the work group be entirely funded by gifts, grants, and donations, including in-kind donations as part of a public-private partnership agreement. If by June 30, 2027, the work group has not received $50,000 in gifts, grants, or donations or an in-kind donation with a value of $50,000 as part of a public-private partnership agreement, the state treasurer must transfer any money received for purposes of the work group to the state education fund. (Note: This summary applies to this bill as enacted.)

The act makes it a deceptive trade practice under the "Colorado Consumer Protection Act" for a person who consults with, advises, or assists a veteran in connection with a claim for veterans' benefits (veterans' benefits matter) to: Receive compensation in excess of the lesser of $9,200 or 25% of the amount of any past-due benefits the veteran actually receives after the person procures an increase in the veteran's monthly benefits; Receive compensation in connection with a claim filed prior to a veteran's release from active duty or within the one-year period following a veteran's release from active duty; Guarantee a successful outcome in a veterans' benefits matter; Fail to memorialize the payment terms and certain disclosures in a written, signed contract; Omit certain disclosures from advertising or make false representations about accreditation; Fail to take various security measures related to veterans' personal information; or Provide services in connection with an appeal or review of the veterans administration's initial decision in a veterans' benefits matter, unless the service provider is accredited by the veterans administration. The act requires the attorney general or district attorney to transmit any civil penalty collected for a violation of the veterans' benefits matter provisions to the state treasurer for deposit in the Colorado state veterans trust fund. (Note: This summary applies to this bill as enacted.)

The act requires the department of higher education (department), subject to available appropriations, to develop and maintain a free, publicly accessible online platform (platform) to provide current and potential students who are pursuing postsecondary education in Colorado with relevant information about which credits and courses, work-related experiences, and prior learning opportunities are transferable to or between the state's public institutions of higher education (institution). On or before January 1, 2026, an institution may submit to the department for inclusion in the platform: A comprehensive record, from the fall 2023 term onward, of the institution's awards of postsecondary transfer credit for all courses that the institution has identified as having learning outcomes equivalent to corresponding offerings at other institutions; and Descriptions of the institution's policy on work-related experiences or prior learning opportunities, and the credentials, licenses, or apprenticeship certificates for which the institution awards postsecondary academic credit. Using the data provided by an institution, the department shall include in the platform information about the transferability to or between institutions for several sources of postsecondary academic credit. These sources include courses in the statewide common course numbering system, now referred to as the guaranteed transfer pathway matrix, and credits earned through various standardized tests. A not-for-profit private institution of higher education may, but is not required to, submit applicable information for inclusion in the platform. The act creates the postsecondary transfer credit platform cash fund to accept gifts, grants, and donations for the development, implementation, and maintenance of the platform. (Note: This summary applies to this bill as enacted.)