Sen. Judy Amabile

The act repeals the requirement for the general assembly to appropriate money in the 2026-27 state fiscal year for the out-of-school time program grant program (grant program).     The act reduces the appropriation for the 2026-27 state fiscal year to the department of education for use by the grant program by $1,750,000.(Note: This summary applies to this bill as enacted.)

The act directs the state treasurer to transfer $130 million from the state affordable housing fund (fund) to the general fund on June 30, 2026, and makes 3 corresponding adjustments to the affordable housing financing fund (financing fund). First, the act reduces the July 1, 2026, transfer from the fund to the financing fund by the amount of the June 30, 2026, transfer from the state affordable housing fund. Second, for the 2026-27 state fiscal year only, the act adjusts the prioritization of programs funded by the financing fund so that the programs are funded in the following order: The concessionary debt program, the affordable housing equity program, and the land banking program. Third, the act ensures that this transfer does not reduce the amount that may be spent on administrative expenses to implement programs funded by the financing fund in the 2026-27 state fiscal year and pools the costs of administering these programs between the administrator and the office of economic development for state fiscal years beginning with the 2026-27 state fiscal year.     Under current law, if legislative council staff's March economic and revenue forecast projects that state revenue will not exceed the state fiscal year spending limit, the general assembly may reduce the funding allocated to the financing fund. The act allows for the general assembly to so reduce the funding allocated to the financing fund for the 2025-26 state fiscal year as a result of revenue forecasts projecting that state revenue will not exceed the state fiscal year spending limit.(Note: This summary applies to this bill as enacted.)

In 2022, the general assembly enacted, and the governor subsequently signed into law, House Bill 22-1358 ('Concerning measures to eliminate the presence of lead in the drinking water of certain facilities where children are present, and, in connection therewith, making an appropriation'), which required child care centers, family child care homes, and each public school that serves any of grades preschool through eighth grade to:Test its drinking water sources by having a state-certified laboratory measure the lead content of water drawn from each drinking water source; andSatisfy other requirements concerning the provision of safe drinking water.     House Bill 22-1358 also created the school and child care clean drinking water fund (fund) to help schools, child care centers, and family child care homes comply with House Bill 22-1358.     House Bill 22-1358 included a repeal date of June 30, 2026, for its provisions. The act extends the provisions, with amendments, until June 30, 2029. The act also adds high schools (i.e., schools that serve grades 9 to 12) to the scope of House Bill 22-1358, which means that high schools may receive grants from the fund and must satisfy certain requirements on or before dates specified in the act.     The act requires the department to adopt rules establishing how a child care center shall demonstrate compliance with the requirements concerning the testing for the presence of lead in drinking water.(Note: This summary applies to this bill as enacted.)

Under current law, 28.9% of the revenue the state collects from the retail delivery fee is credited to the multimodal transportation and mitigation options fund (fund). Of the money from the retail delivery fee that is credited to the fund, currently 85% is allocated to the commission for local multimodal projects and 15% is allocated to the commission for state multimodal projects. Beginning on July 1, 2026, the act changes how the fund allocates and expends retail delivery fee revenue between state and local multimodal projects so that 70% of the fund is allocated to the commission for local multimodal projects and 30% of the fund is allocated to the commission for state multimodal projects.(Note: This summary applies to this bill as enacted.)

The act requires each covered social media platform (covered platform) to impose a fee on each add-on transaction that occurs on the covered platform. The act creates the youth mental health services access enterprise in the behavioral health administration (BHA) to use the fee revenue to operate and fund programs that provide youth mental health services. The youth mental health services access enterprise constitutes an enterprise for purposes of section 20 of article X of the state constitution.     The act defines a 'covered platform' as a sole proprietorship, a partnership, a limited liability company, a corporation, an association, or another legal entity, or an affiliate thereof, that:Conducts business in this state;Generates revenue directly from add-on transactions conducted in an online gaming service, product, or feature;Generates a majority of its annual revenue from online gaming services, products, or features;Publishes one or more online gaming services, products, or features that are reasonably likely to be accessed by a youth;Collects users' personal data or has users' personal data collected on its behalf; andDetermines the purposes and means of the processing of users' personal data.     The act defines an 'add-on transaction' as a transaction through which a player or participant in a video game accessed via an online gaming service, product, or feature acquires:An item or ability that provides the player or participant an advantage over other players or participants of the video game; orA feature that alters or enhances the video game as accessed by the online gaming service, product, or feature.     The act creates the youth mental health services access enterprise fund, consisting of money credited to the fund as fee revenue, any money received from the issuance of revenue bonds, and any other money that the general assembly may appropriate or transfer to the youth mental health services access enterprise fund. Money in the youth mental health services access enterprise fund is continuously appropriated to the youth mental health services access enterprise.     After deducting its administrative expenses, the youth mental health services access enterprise is required to allocate the remaining fee revenue credited to the fund as follows:40% to operate and fund the youth mental health peer navigator grant program, which program is created in the act;35% to operate and fund the crisis resolution team program, which program is created in the act; and25%, beginning January 1, 2028, to operate the existing youth mental health services program.     The initial amount of the fee is 5% of the amount of the add-on transaction. On and after October 1, 2027, the youth mental health services access enterprise may adjust the amount of the fee.     The act creates the youth mental health peer navigator grant program to award grants to entities that recruit and train young adults to provide prevention services, peer support, and system navigation to youth in schools or community-based settings.     The act creates the crisis resolution team program to provide community-based de-escalation and stabilization services to youth who are experiencing high-acuity behavioral health crises and to their caregivers.     Under current law, the BHA operates the youth mental health services program to facilitate access to mental health services, including substance use disorder services, for youth in response to mental health needs identified in an initial mental health screening through the program's web-based portal. The youth mental health services program reimburses providers for up to 3 mental health sessions with a youth. The act directs the youth mental health services access enterprise, rather than the BHA, to operate and fund the youth mental health services program beginning January 1, 2028. The act also allows the youth mental health services access enterprise to reimburse a provider for up to 6 mental health sessions with a youth.     The act creates the youth programming and protections enterprise to:Award grants through the existing out-of-school time program grant program; andSupport the department of education's enforcement of educational rights on behalf of children.     The youth programming and protections enterprise constitutes an enterprise for purposes of section 20 of article X of the state constitution.     The act creates the youth programming and protections enterprise fund. In each state fiscal year, after the state treasurer has credited $8 million to the youth mental health services access enterprise fund, the state treasurer must credit any other money received as fees to the youth programming and protections enterprise fund.     Under current law, the department of education administers the out-of-school time program grant program and the state board of education awards grants from the program, subject to available appropriations. The act directs the department of education to consult with the youth programming and protections enterprise in administering the out-of-school time program grant program, and the act directs the youth programming and protections enterprise to award grants from the program in consultation with the state board of education. The act also requires the out-of-school time program grant program to provide programming and services that support the mental health and well-being of children and youth.     The act requires a covered platform to ensure that the purchase price for an online gaming service, product, or feature that is reasonably likely to be accessed by a minor to be listed in United States dollars at the point of sale.     For the 2026-27 state fiscal year, the act appropriates:$294,984 to the department of revenue from the general fund;$26,500 to the department of law from reappropriated funds;$145,750 to the department of law from the youth mental services access enterprise fund created in the act; and$79,500 to the department of law from the youth programming and protections enterprise fund created in the act.(Note: This summary applies to this bill as enacted.)

The act implements the recommendations of the department of regulatory agencies in its 2025 sunset review of the 'Pet Animal Care and Facilities Act' (PACFA) as follows:Sections 1 and 2 of the act continue the commissioner of agriculture's (commissioner) function of licensing pet animal facilities in accordance with the PACFA for 8 years, until 2034;Section 3 amends the PACFA's pet animal advisory committee (committee) membership structure by requiring the commissioner, on or before December 1, 2026, to appoint 15 members with certain specifications. Section 3 also specifies that members appointed to the committee on or before December 1, 2026, may serve no more than 2 consecutive terms of 4 years.Section 4 prohibits the importation of certain pet animals into the state without a valid certificate of veterinary inspection by an accredited veterinarian in the state of origin issued within 10 days prior to the pet animal's arrival in Colorado;Section 5 increases the current maximum fee amount of $700 for a pet animal facility license application to $1,500;Section 6 raises the maximum civil penalty amount for a violation of the PACFA or of a rule adopted pursuant to the PACFA from $1,000 per violation to $2,500 per violation;Section 7 states that a person that chooses to request a hearing in response to a cease-and-desist order issued by the commissioner for a violation of the PACFA or of a rule adopted pursuant to the PACFA must do so within 30 days after the issuance of the cease-and-desist order;Section 8 requires the commissioner to develop an administrative process for an interested person to petition for the issuance, amendment, or repeal of a rule by the commissioner;Section 9 amends House Bill 26-1011 concerning the transfer of certain pet animals in Colorado, by clarifying that the prohibition on a broker selling, leasing, offering to sell or lease, bartering, auctioning, or otherwise transferring ownership of a dog or cat does not apply to the sale, transfer, or adoption of a dog or cat to or by a pet store prior to January 1, 2028; andSection 10 relocates the statute that establishes the pet overpopulation authority (authority) so the authority is no longer subject to sunset review as part of the PACFA.(Note: This summary applies to this bill as enacted.)

The act extends for an additional 10 years the availability of the state income tax credit allowed to a taxpayer who makes a qualifying monetary contribution to promote child care in the state equal to 50% of the total value of the contribution, not to exceed $100,000, through income tax years commencing prior to January 1, 2038.(Note: This summary applies to this bill as enacted.)

The act makes the following changes to the 'Labor Peace Act':Specifies that employees' right to bargain collectively includes the right to bargain collectively concerning any mandatory subject of bargaining;Eliminates the requirement for a second election to negotiate a union security agreement clause in the collective bargaining process;Declares that it is not an unfair labor practice for an employer to refuse to agree to a lawful proposal made by the exclusive representative of the employees, or for the exclusive representative of the employees to refuse to agree to a lawful proposal made by the employer, concerning a mandatory subject of bargaining if the refusing party has bargained in good faith with the other party; andRequires employers and employees, through their exclusive representative, to bargain in good faith.(Note: This summary applies to this bill as enacted.)

The act:Increases the statewide base per pupil funding for the 2026-27 budget year by $208.60 to account for inflation;Sets a new statewide base per pupil funding amount for the 2026-27 budget year at $8,900.40; andSets the total program funding for the 2026-27 budget year at $10,178,856,871.     Under current law, there are 2 total program formulas that are used to determine a school district's total program, commonly referred to as the old formula and the new formula.     A school district's funded pupil count is a figure that is used as a part of determining a school district's total program. Under the new formula, for the 2026-27 budget year and each budget year thereafter, a school district's funded pupil count is calculated by determining the greater of the school district's pupil enrollment for the applicable budget year or the average of the district's pupil enrollment for the applicable budget year and the immediately preceding 2 budget years.     However, the act requires that when specified conditions are met, a school district's funded pupil count is the school district's online pupil enrollment for the budget year, plus the school district's supplemental kindergarten enrollment for the budget year, plus the school district's extended high school pupil enrollment for the budget year, plus the greater of:The school district's pupil enrollment for the budget year;An amount equal to 50% of the school district's pupil enrollment for the budget year, plus an amount equal to 30% of the school district's pupil enrollment for the preceding budget year, plus an amount equal to 20% of the school district's pupil enrollment for the budget year that is 2 years preceding the budget year; orAn amount equal to 97% of the school district's pupil enrollment for the preceding budget year.     A school district's cost of living factor is a figure that is used as a part of determining a school district's total program. Under the old formula and the new formula, the act requires the cost of living factor that was used for the 2025-26 budget year to apply in the 2026-27 budget year.     Under current law, for the 2026-27 budget year, a district's total program is the greater of:The district's total program amount for the 2024-25 budget year; orThe amount calculated for the 2025-26 budget year under the old formula plus an amount equal to 30% of the difference between the amounts calculated between the old formula and the new formula.     The act clarifies that for the 2026-27 budget year, if the calculation under the new formula is less than the calculation under the old formula, then that district's total program for the 2025-26 budget year is the greater of:The district's total program amount for the 2024-25 budget year under the old formula; orThe amount calculated for the 2026-27 budget year under the old formula.     The act permits a school transformation grant recipient that is implementing a priority improvement or turnaround plan to use the grant award to plan for and implement rigorous redesign strategies.     The act changes the provisions that determine the amounts of total program that school districts and the state charter school institute distribute to their charter schools. Related to the changes of these provisions, the act repeals at-risk supplemental aid for charter schools.     The act exempts from a future repeal the general assembly's legislative declaration that using state education fund money for maintaining a website that explains major categories in the chart of accounts for local education providers is a permissible use of state education fund money.     The act repeals the scheduled repeal of, resulting in a continuation of, a statute that authorizes contingency reserve fund payments to be used for rural or small rural school districts if an unusual financial burden would be caused by the withholding of local property taxes due to a delay in filing the audit report due to extraordinary problems that could not have been reasonably foreseen or prevented by the rural or small rural school district. The act adds an assistant superintendent, a vice principal, and an assistant principal to the list of eligible school employees who may receive a salary without a reduction in public employees' retirement association (PERA) benefits if the service retiree meets specified conditions.     The act permits a local education provider to request that the department of education approve the local education provider's use of pencil and paper to complete any or every portion of a state assessment for grades 3 or 4 and requires that the local education provider be responsible for costs owed to the vendor that are associated with the administration of the assessment using pencil and paper.     The act authorizes the state board of education to adopt rules that are necessary to determine the district of residence of a child with a disability for a circumstance that is not described under law.     The act repeals the requirement that $500,000 be distributed to administrative units that enroll children with disabilities and instead requires that $1 million be distributed to fund reimbursements for administrative units that pay tuition or education expenses that ensure a free appropriate public education for a student in out-of-home placement who has an individualized education program.     The act requires the department of education to engage stakeholders concerning public placements in facility schools and on the issue of whether to make recommendations concerning such placements to the state board of education regarding rules or to the general assembly regarding statutes.     Under current law, each participating school food authority that satisfies certain requirements is eligible to receive a local food purchasing grant and an amount to increase wages or stipends for individuals employed to prepare and serve school meals. The act clarifies that a charter school that operates under a participating school food authority is eligible for the awards.     The act:Prohibits a board of cooperative services (BOCES) from acting as a statewide authorizer of programs or schools; andLimits a BOCES to operating a school or program outside the geographic boundaries of its school district members, unless specified conditions are satisfied.     The act permits a local education provider to offer one or more part-time programs for homeschool students if specified conditions are satisfied.     The act requires an authorizer contracting with an education management provider to maintain appropriate independence from, and oversight of, the education management provider. The act prohibits a school district from creating a contract school that is a full-time complete educational program offered exclusively by a private entity pursuant to a contract with the public entity.     The act appropriates:$3,755,558 to the department of education from the state education fund for the state share of districts' total program;$313,395 to the department of education from the state education fund for management and administration for information technology services and for use by school district operations for administration related to public school finance; and$3,385,203 to the department of education from the state education fund for school district operations for costs associated with holding charter schools harmless for changes in the distribution of total program funding.     The act adjusts the 2026-27 long bill by decreasing:$8,502,195 from the appropriation from the state education fund to the department of education for the state share of districts' total program funding; and$3,504,995 from the appropriation from the state education fund to the department of education for use by school district operations for at-risk supplemental aid.(Note: This summary applies to this bill as enacted.)

The act specifies relevant factors for assessing reasonable accommodations related to assistance animals that may be necessary for an individual with a disability to have an equal opportunity to use and enjoy housing under the 'Colorado Anti-Discrimination Act'. Permitting an assistance animal is presumed to be a reasonable accommodation if a housing provider has been given an opportunity to engage in an interactive accommodation process with the individual requesting the accommodation. The act also:Defines 'reasonable accommodation', as it applies to discriminatory housing practices, as an exception or adjustment to a rule, policy, practice, or service that may be necessary for an individual with a disability to have an equal opportunity to use and enjoy housing, including public and common-use spaces;Defines 'assistance animal' as an animal that does work, performs tasks, assists, or provides therapeutic emotional support to an individual with a disability. 'Assistance animal' includes emotional support animals and service animals.Defines 'emotional support animal' as an animal that provides solely emotional support to an individual to alleviate a symptom or an effect of a disability;Permits a housing provider to request reasonable documentation to support an individual's claim of disability or disability-related need for an assistance animal if the individual's disability or disability-related need is not obvious; andPermits a housing provider, when considering a reasonable accommodation request, to consider documented, specific conduct of an assistance animal that poses a direct threat to the health or safety of others or that causes substantial physical damage to property.(Note: This summary applies to this bill as enacted.)