Sen. Judy Amabile

Senate Bill 26-016, enacted in 2026, prohibits a person from disposing of preproduction plastic materials at a location that does not have federal interim status, a federal permit granted pursuant to the federal 'Solid Waste Disposal Act', or a state permit for the treatment, storage, or disposal of hazardous waste at a hazardous waste site.     The act removes this prohibition and instead prohibits the disposal of preproduction plastic materials at a location that is not a solid wastes disposal site and facility with a certificate of designation.(Note: This summary applies to this bill as enacted.)

The act defines school zones as all roadways within at least 1,000 feet of a school property boundary, except state highways unless they are designated as part of a school zone with the written approval of the Colorado department of transportation, and including school zones established before August 12, 2026, that are 200 feet or more from a school property boundary. A school zone must have appropriate signs posted indicating it is a school zone and that the penalties and surcharges within the school zone will be doubled.     The act allows a local government that has jurisdiction over a school zone to reduce the size of a school zone after first holding a public hearing, but the act does not allow a school zone to be reduced to less than 200 feet from a school property boundary. Additionally, the act does not prohibit local governments from expanding school zones to beyond 1,000 feet from a school property boundary.     The act limits requirements the state, a county, a city and county, or a municipality must complete regarding placing and using an automated vehicle identification system along a safe route to school.     The act allows a local government to designate a portion of a roadway immediately adjacent to a school property boundary as a school street and requires the local government to post signs indicating it is a school street if the local government has jurisdiction to do so. The local government may close a school street to traffic. If there is traffic on the school street, the maximum speed limit is 10 miles per hour and vehicles must yield the right-of-way to pedestrians, bicyclists, or micromobility users. The local government may suspend additional traffic provisions on the school street that endanger pedestrians, bicyclists, or micromobility users.(Note: This summary applies to this bill as enacted.)

The act appropriates the following amounts for the 2026-27 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, $2,500,000 (section 6);Continuation of Colorado decision support system operation and maintenance, $750,000 (section 7);Support for water plan agency actions, $1,350,000 (section 9);Continuation of the Colorado watershed restoration and flood mitigation projects, $5,000,000 (section 10); andContinuation of the upper Colorado river commission planning, $750,000 (section 11).     Section 4 directs the state treasurer to transfer up to $6,000,000 from the CWCB construction fund to the CWCB litigation fund on or before July 1, 2026.     Section 8 restores the fish and wildlife resources fund balance by transferring $2,000,000 from the CWCB construction fund to the fish and wildlife resources fund.     Section 12 authorizes the CWCB to make a loan in an amount of $151,500,000 from the severance tax perpetual base fund to the city of Fort Collins to support the Halligan water supply project.     Section 13 authorizes the CWCB to make a loan in an amount of $20,166,670 from the severance tax perpetual base fund to the Lower Latham Reservoir Company for the Jurgens reservoir construction project.     Section 14 appropriates $37,700,000 from the water plan implementation cash fund to the CWCB to award grants that will help implement the state water plan.     Section 15 clarifies that the money that is currently in the turf replacement fund is appropriated for designated purposes to the CWCB until June 30, 2028. Any money remaining in the turf replacement fund on July 1, 2028, is transferred to the CWCB construction fund.     Section 16 makes technical corrections so that money appropriated in 2025 is available to the department of natural resources executive director's office for the purpose of paying for a study by the Colorado water center at Colorado state university.     Under current law, the CWCB may authorize loans up to $10 million from the CWCB construction fund or severance tax perpetual base fund without legislative authorization. The act increases that amount to $30 million (section 17).(Note: This summary applies to this bill as enacted.)

The act implements the recommendation of the department of regulatory agencies' sunset review and report in continuing the registration program for vessels until September 1, 2036.     The act also makes changes to definitions of 'vessel' and adds a definition of 'vessel livery'.     Current law requires that the records of a vessel livery related to hired vessels be preserved for at least 30 days after the vessel is to be returned to the vessel livery. The act extends this period to 3 years after the vessel is to be returned to the vessel livery.     Current law provides that an individual who violates provisions related to the minimum age of motorboat operators is subject to a fine of $100. The act changes 'individual' to 'person'.(Note: This summary applies to this bill as enacted.)

The act prohibits a school district, a charter school authorized by a school district, a charter school authorized by the state charter school institute, the state charter school institute, or a board of cooperative services that operates one or more public schools (LEP) from discriminating against an individual who has a disability and who is entitled to a free public education (qualified student with a disability) based on the student's disability.     The act requires an LEP to allow a qualified student with a disability to participate in and enjoy the benefits of the provider's programs, services, or activities in the same manner as a student without a disability. When providing any aid, benefit, or service, an LEP shall not, based on disability:Deny a qualified student with a disability an opportunity to participate in or benefit from the aid, benefit, or service in a manner that is equal to that afforded to other students;Provide a qualified student with a disability with an aid, benefit, or service that is not as effective as that provided to other students;Provide different or separate aids, benefits, or services to a qualified student with a disability unless such action is necessary to provide a qualified student with a disability with aids, benefits, or services that are as effective as those provided to other students;Aid or perpetuate discrimination against a qualified student with a disability by providing significant assistance to an agency, an organization, or a person that discriminates on the basis of disability in providing any aid, benefit, or service to beneficiaries of the LEP's educational program or activity; orOtherwise limit a qualified student with a disability in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by students without disabilities who receive an educational aid, benefit, or service.     The act prohibits an LEP from using criteria or methods of administration that:Have the effect of subjecting a qualified student with a disability to discrimination on the basis of their disability;Have the purpose or effect of defeating or substantially impairing accomplishment of the objectives of the LEP's program or activity with respect to a qualified student with a disability; orPerpetuate the discrimination of another LEP if both LEPs are subject to common administrative control or are agencies of the state.     In determining the site or location of a facility, an LEP may not make selections that:Exclude a qualified student with a disability from a facility or deny a qualified student with a disability the benefits of a facility, or that otherwise subject a qualified student with a disability to discrimination; orHave the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the program or activity with respect to a qualified student with a disability.     The act requires an LEP to:Adopt a disability rights grievance process that incorporates appropriate due process standards and that is satisfied by following the grievance procedures in section 504 of the federal 'Rehabilitation Act of 1973' and to designate at least one responsible employee to oversee compliance with the provisions of the act relating to discrimination and to serve as a point of contact for students and families;Make a reasonable modification to a policy, practice, or procedure when the modification is necessary to avoid discriminating against a qualified student with a disability on the basis of disability;Provide a reasonable accommodation to a parent with a disability who is seeking appropriate access to programs and activities for parents in relation to that parent's child;Ensure that a communication to a qualified student with a disability is as effective as a communication to a student without a disability and to furnish appropriate auxiliary aids and services where necessary to afford a qualified student with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity of the LEP;Ensure that a qualified student with a disability is not denied access to the LEP's services, programs, or activities because of facilities inaccessible to a qualified student with a disability;Provide a free and appropriate public education to each qualified student with a disability who is in the LEP's jurisdiction, regardless of the nature or severity of the student's disability, and if necessary, ensure adequate transportation to and from any placement premises;Provide for the free and appropriate public education of each qualified student with a disability with students without disabilities to the maximum extent appropriate to the needs of the qualified student with a disability; Place a qualified student with a disability in the regular educational environment operated by the LEP unless it is demonstrated that the education of the student in that environment with the use of supplementary aids and services cannot be achieved satisfactorily;Provide nonacademic and extracurricular services and activities in such a manner as is necessary to afford a qualified student with a disability an equal opportunity to participate in the services and activities;At least annually, identify and locate every qualified student with a disability residing in the LEP's jurisdiction who is not receiving a free and appropriate public education and take appropriate steps, with the permission of the qualified student with a disability and their parent, to evaluate the student; Ensure that a qualified student with a disability is free from harassment that is sufficiently serious to create a hostile environment or interfere with or limit the student's ability to participate in or benefit from the LEP's services, activities, or opportunities; andConduct evaluations and reevaluations of a student in the student's primary language, communicate with a parent with limited English proficiency in a manner that provides meaningful access to information, and provide interpretation and translation services for communication with a parent with limited English proficiency.     Subject to sufficient funding or resources, certain provisions of the act take effect, which:Allow the department of education (department) to provide training and technical assistance to LEPs about the requirements of the act;Establish a complaint process and specifies that the department may investigate and resolve complaints of alleged violations of the provisions of the act pursuant to the complaint process;Specify the circumstances under which an individual may file a complaint with the department;Allow the department to order specified remedies as determined necessary by the department to remedy violations occurring pursuant to the act and to prospectively ensure compliance, if the department finds a violation; and Allow the state board of education (board) to withhold state funds from an LEP if the board determines that the LEP has intentionally violated the provisions of the act and demonstrated an unwillingness to enter into a corrective action plan to address the violation. No later than December 31, 2026, the board shall adopt rules that establish procedures for the withholding of funds. The board must provide due process to an LEP before state funds are withheld.     The act prohibits an LEP from coercing, intimidating, threatening, or discriminating against any individual for the purpose of interfering with any right or privilege secured by the act, the federal 'Individuals with Disabilities Education Act', the 'Americans with Disabilities Act of 1990', the 'Exceptional Children's Educational Act', or the 'Protection of Students from Restraint and Seclusion Act' (anti-discrimination laws) because an individual:Makes, has made, or because an LEP believes an individual has made or will make, a complaint pursuant to an anti-discrimination law; orTestifies, assists, or participates in any manner in an investigation or proceeding regarding an allegation or complaint pursuant to an anti-discrimination law.(Note: This summary applies to this bill as enacted.)

The 'Colorado Licensing of Controlled Substances Act' (Act) is set to repeal September 1, 2026.     The act implements the department of regulatory agencies' recommendations to:Continue the Act until September 1, 2041;Modernize the definition of 'substance use disorder' in the Act to more accurately reflect the type of conditions being treated by behavioral-health-administration-licensed facilities and the practitioners who may diagnose these conditions; and Remove defined terms that are no longer referenced in the Act.(Note: This summary applies to this bill as enacted.)

On and after July 1, 2027, a manufacturer of a hair relaxer product or a hairpiece product (covered hair product) is prohibited from selling or distributing a covered hair product in the state that contains an intentionally added carcinogen or reproductive toxicant unless the covered hair product has a warning label that notifies the consumer that the covered hair product contains an intentionally added carcinogen or reproductive toxicant, which warning label must comply with certain requirements depending on whether the covered hair product contains an intentionally added carcinogen, an intentionally added reproductive toxicant, or both (warning label requirement).     The warning label requirement does not apply to a covered hair product that is sold or distributed to a commercial entity for professional use. On and after July 1, 2028, the attorney general may adopt rules updating the warning label requirement. A violation of the warning label requirement constitutes a deceptive trade practice.(Note: This summary applies to this bill as enacted.)

Section 3 of the act defines 'advanced transmission technologies' as hardware or software technologies that increase the capacity, efficiency, reliability, or resiliency of an existing or new transmission facility.     Section 4 requires the Colorado public utilities commission (commission) to adopt rules requiring a regulated electric utility to consider advanced transmission technologies in the electric utility's 10-year transmission plan and to identify strategies to reduce the costs of, and obtain financing for, new transmission. The commission is directed to minimize duplication of transmission planning processes, technical studies, or analyses conducted through an applicable regional transmission organization or independent system operator.     Section 5 requires the Colorado electric transmission authority (authority) to, as much as practicable, engage and coordinate with formal subregional transmission planning organizations.     Under current law, the authority is required to annually submit a report of its activities, including a complete operating and financial statement covering the operations of the authority for the previous state fiscal year, to certain committees of reference of the general assembly. Section 6 requires that the annual report also include a description of the activities and accomplishments of the authority during the previous calendar year.     Section 7 adds a nonvoting seat to the authority's board of directors for the director of the commission or the director's designee.     Section 8 clarifies that a project that includes advanced transmission technologies and meets certain criteria is an energy sector public works project. Section 9 states that an energy sector public works project that includes advanced transmission technologies must meet applicable prevailing wage requirements and apprenticeship utilization requirements.(Note: This summary applies to this bill as enacted.)

The act prohibits the Colorado lottery or any licensed lottery retailer from selling lottery tickets or instant scratch game tickets produced by the lottery for sale to the public on a credit basis.(Note: This summary applies to this bill as enacted.)

The act changes the purpose of the small business recovery and resiliency loan program (program) from supporting small businesses recovering from the economic crisis caused by COVID-19 to supporting Colorado's small businesses regardless of COVID-19 impacts.     The act provides that money in the small business recovery and resiliency fund (fund) may be matched by participants in the program at a ratio of $1 of fund money for every $1 of money from other sources. Once the money from the fund is matched by other sources and comprises a tranche, the act specifies that the money from the tranche may be used for loans or to purchase participation interest in loans for businesses as determined by the program oversight board (board), including working capital and the purchase of equipment.     The act allows a deferral of principal and interest payments on a loan made through the program for circumstances of hardship and repeals the requirement that the hardship must be caused by the COVID-19 pandemic or ongoing economic conditions.     The act repeals a requirement that money from the fund must be proportionally reserved for applications from eligible borrowers located in a county based on the county's metrics related to small businesses, as determined by the board, for an initial period of time and that the money must be allocated to a county. Instead, the act requires each tranche of loan funding to be used to fund businesses across the state over the duration of the program and to maintain targets and support businesses located in rural counties and businesses owned by women, minorities, or veterans. The program will track the distribution of capital to counties.     The act requires the state treasurer to transfer $5 million from the fund to the Colorado startup loan program fund on June 30, 2026.(Note: This summary applies to this bill as enacted.)