Section 1 of the bill clarifies that a request for general permit registration does not constitute having a valid construction permit (permit). Section 1 also requires the division of administration in the department of public health and environment (division) or the air quality control commission (commission), in evaluating a permit application for an emitting source (source) that includes an oil and gas system (oil and gas system), to: Aggregate emissions from the oil and gas system; and Include emissions from exploration and preproduction activities. Section 2 requires that the division or the commission only grant permits for certain proposed sources in a nonattainment area if: The division or commission determines that the proposed source will not contribute to an exceedance of any applicable national ambient air quality standard (determination); The owner or operator of the proposed source achieves emissions reductions of each air pollutant for which the nonattainment area is in nonattainment that are equal to or greater than the anticipated emissions of the proposed source; and The proposed source is not in a disproportionately impacted community. On and after January 1, 2025, the division or commission must base any determination on the modeling of air quality impacts from emissions (air quality modeling). If a permit is granted after air quality modeling is conducted: Any assumption used in the air quality modeling must be included in the permit as a permit condition; and Any averaging time utilized for a permit condition must be no greater than the averaging time for any applicable national ambient air quality standard. Section 3 requires the energy and carbon management commission to require that an oil and gas operator obtain a permit from the division or the commission before making a final determination on an oil and gas permit application.(Note: This summary applies to this bill as introduced.)
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The bill creates the time-to-eat task force (task force) in the department of education (department) to evaluate Colorado school districts' and other states' policies regarding scheduled lunch time (time-to-eat policies) and repeals the task force, effective January 1, 2025. The bill creates the safe and healthy play grant program in the department to assist schools in implementing programs that support social and emotional learning through play.(Note: This summary applies to this bill as introduced.)
The length of the bill summary for this bill requires it to be published on a separate page here: https://leg.colorado.gov/hb24-1030-bill-summary (Note: This summary applies to this bill as enacted.)
Current law declares void any express waivers of or limitations on the legal rights or remedies provided by the "Construction Defect Action Reform Act" or the "Colorado Consumer Protection Act". Sections 1 and 4 make it a violation of the "Colorado Consumer Protection Act" to obtain or attempt to obtain a waiver or limitation that violates the aforementioned current law. Section 4 also requires a court to award to a claimant that prevails in a claim arising from alleged defects in a residential property construction, in addition to actual damages, prejudgment interest on the claim at a rate of 6% from the date the work is finished to the date it is sold to an occupant and 8% thereafter. Current law requires that a lawsuit against an architect, a contractor, a builder or builder vendor, an engineer, or an inspector performing or furnishing the design, planning, supervision, inspection, construction, or observation of construction of an improvement to real property must be brought within 6 years after the claim arises. Section 2 increases the amount of time in which a lawsuit may be brought from 6 to 10 years. Current law also provides that a claim of relief arises when a defect's physical manifestation was discovered or should have been discovered. Section 2 also changes the time when a claim of relief arises to include both the discovery of the physical manifestation and the cause of the defect. Section 3 voids a provision in a real estate contract that prohibits group lawsuits against a construction professional. Section 5 of the bill prohibits governing documents of a common interest community from setting different or additional requirements than those in current law for a construction defect action.(Note: This summary applies to this bill as introduced.)
Current law prohibits a local government from creating laws that regulate the use of pesticides by pesticide applicators regulated by state or federal law. The bill allows a local government to create and enforce laws regulating the sale or use of pesticides to protect the health and safety of the community with certain exceptions. (Note: This summary applies to this bill as introduced.)
On or before December 31, 2028, the bill requires the air quality control commission (AQCC) in the department of public health and environment (department) to adopt by rule certain emission standards and requirements for in-use, off-road, diesel-fueled fleets. On or before December 31, 2025, the AQCC must adopt rules for controlling emissions from facilities, buildings, structures, installations, or real property that generates mobile source activity that results in emissions of air pollutants (indirect source) within the 8-hour ozone Denver metro/north front range nonattainment area (covered nonattainment area). The rules must include emission reduction targets for indirect sources to achieve and a process for the division of administration (division) in the department to review alternative approaches proposed by an owner or operator of an indirect source. The commission may establish a fee for indirect sources within the covered nonattainment area to cover the division's costs in implementing the rules. The bill also defines "ozone season" as the period beginning May 1 and ending September 30 of each year (ozone season). Beginning in the 2025 ozone season, and in each ozone season thereafter, any oil and gas preproduction activity within the covered nonattainment area must pause for the duration of the ozone season. On or before June 30, 2024, and on or before each June 30 thereafter, an oil and gas operator in the state is required to submit an oil and natural gas annual emission inventory report (inventory report) to the division that includes, for the previous calendar year, the emissions of certain air pollutants from oil and gas operations under the control of the oil and gas operator. On or before October 1, 2024, and on or before each October 1 thereafter, the division, in coordination with the energy and carbon management commission (ECMC), must prepare a report regarding the inventory reports received by the division for the previous calendar year and certain other information. On or before November 30, 2024, and on or before each November 30 thereafter, for the ozone season of the subsequent year, an oil and gas operator that controls oil and gas operations in the covered nonattainment area must submit a report to the division estimating emissions of nitrogen oxides from the oil and gas operator's operations in the covered nonattainment area (estimates). For the 2025 ozone season, and for each ozone season thereafter, the ECMC, in consultation with the division, must develop an ozone season nitrogen oxides emission budget (budget) for the emissions of nitrogen oxides by oil and gas operations in the covered nonattainment area, which budget must set certain maximum average emission levels of nitrogen oxides by oil and gas operations. On or before February 1, 2025, and on or before each February 1 thereafter, the division must prepare a nitrogen oxides report regarding the estimates received by the division for use by the ECMC in determining if the total estimates received exceed the budget for the ozone season of the current year. Beginning in February 2025, and in each February thereafter, the ECMC, in consultation with the division, must act to limit emissions of nitrogen oxides from oil and gas operations in the covered nonattainment area in a manner that prevents an exceedance of the current year's budget. The bill also requires the department of transportation to establish vehicle miles traveled reduction targets for the covered nonattainment area and to develop policies and programs to assist applicable metropolitan planning organizations in meeting the targets. (Note: This summary applies to this bill as introduced.)
Current law prohibits the sale or distribution of products in certain product categories on and after certain dates (product phaseout timeline) if the products contain intentionally added perfluoroalkyl and polyfluoroalkyl chemicals (PFAS chemicals). The act changes current law by: On and after January 1, 2025, prohibiting the sale or distribution of certain outdoor apparel intended for extreme or extended use in severe wet conditions (outdoor apparel for severe wet conditions) that contains intentionally added PFAS chemicals unless the product is accompanied by a disclosure that states that the product contains intentionally added PFAS chemicals (disclosure requirement); On and after January 1, 2026, as part of the product phaseout timeline, banning the sale or distribution of cleaning products that are not medical floor maintenance products, cookware, dental floss, menstruation products, and ski wax that contain intentionally added PFAS chemicals; On and after January 1, 2028, as part of the product phaseout timeline, repealing the disclosure requirement and banning the sale or distribution of medical floor maintenance products, textile articles, outdoor apparel for severe wet conditions, and food equipment intended primarily for use in commercial settings that contain intentionally added PFAS chemicals; and On and after January 1, 2026, prohibiting a person from installing artificial turf that contains intentionally added PFAS chemicals on any portion of property in the state. APPROVED by Governor May 1, 2024 EFFECTIVE May 1, 2024(Note: This summary applies to this bill as enacted.)
Current law imposes a uniform state idling standard on an owner or operator of a covered vehicle that prohibits the vehicle from idling for more than 5 minutes within any 60-minute period, except in certain situations. Current law also prohibits a local government from enacting a resolution or ordinance concerning the idling of a covered vehicle that is more stringent than the state idling standard. The act authorizes a local government to enact a resolution or ordinance concerning the idling of a covered vehicle that is at least as stringent as, but not less stringent than, the state idling standard and requires any local government with an idling standard to include certain exemptions. The act also exempts a critical service or utility provider when performing the functions of the provider's duties from the idling standard and declares that the idling standard is a matter of mixed local and statewide concern. APPROVED by Governor April 29, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
The bill requires, when appointing members to a charter school's governing body, that the appointing authority make reasonable efforts to ensure that at least one-third of the board is comprised of parents or legal guardians of students who are enrolled in the charter school and people who reflect the demographics of the community where the charter school is located. The bill prohibits: Automatic waivers from being included in charter contracts executed or renewed on or after July 1, 2024; and A charter contract from waiving educator personnel performance evaluation system requirements. Under current law, a charter school is not required to pay rent for school district facilities that are available, and an independent charter school is not required to pay more than $12 in rent per year for a building of a public school that is subject to conversion. The bill repeals this provision. The bill repeals a requirement that a school district prepare, and provide upon request, a list of vacant or underused buildings and land to the district charter schools, charter school applicants, and other interested persons, and repeals the ability of a district charter school or charter school applicant to apply to use the district building or land. The bill requires information about laws and policies waived by the charter school to be provided in plain and easy-to-understand language on: A school district's enrollment website portal; and A charter school's website. Failure to satisfy this requirement is grounds for revocation or nonrenewal of the charter contract. The bill requires a charter school to publicly report on its website its unredacted federal form 990 and an unredacted copy of any form including revenue and expenses related to marketing and student recruitment, except for redactions required to protect personal or confidential information. The bill requires a charter school application or renewal to include: Descriptions of educational services that the applicant will provide that meet the unmet needs of the students in the community where the charter school is located and, in a charter renewal application, information concerning the progress and results in satisfying this purpose; and Its annual minimum pupil enrollment requirement. Failure to satisfy this requirement is grounds for revocation or nonrenewal of the charter contract. Under current law, certain local board of education (local board) decisions may be appealed to the state board of education (state board). The state board may remand a decision to the local board for reconsideration. If the local board's decision remains unchanged, that decision may be appealed to the state board again. The state board's decision is then the final decision. The bill repeals the second remand to the state board, so that the local board's final decision ends the appeal process. The bill creates a process for community members to appeal a local board's decision to approve a charter application. Under current law, a local board is prohibited from imposing a moratorium on the approval of district charter schools. The bill creates an exception for a school district whose pupil enrollment is less than the immediately preceding budget year or is projected to decline over the next 3 budget years. The bill allows a local board to revoke or not renew a district charter school charter because of the school district's declining pupil enrollment or the district charter school's declining enrollment. The charter school may appeal the decision. Under current law, a district accountability committee is required to review a charter school application. The bill requires a district accountability committee to also review a charter school renewal application. The bill prohibits a charter school governing board member or leader from engaging in activity or having any financial interest that might result in a conflict of interest between the board member's or leader's charter school duties and personal or financial interest. Under current law, as a part of a charter school contract, the school district and charter school negotiate funding. A school district may retain the actual amount of the charter school's per pupil share of central administrative overhead costs for services provided to the charter school, up to 5% of the district per pupil revenues for each pupil enrolled in a charter school. The bill requires the school district to retain the costs, including any costs that are otherwise not reimbursed for special education services provided to the charter school, and repeals the 5% cap. Under current law, the department of education is required to submit an annual report to the governor and the house of representatives and senate education committees concerning charter schools. The bill requires the report to include data concerning attrition rates for charter school student enrollment and teacher and administration employment. Current law generally requires school districts and boards of cooperative services to evaluate the performance of their licensed personnel. The bill requires an evaluation of all personnel, including at institute charter schools, regardless of whether the person is licensed. (Note: This summary applies to this bill as introduced.)
The act strongly encourages a locally defined or interjurisdictional emergency management plan amended or created on or after July 1, 2024, and requires, when practicable, as determined after consideration of specified required factors, a locally defined or interjurisdictional emergency management plan amended or created on or after January 1, 2025, to address the needs of an individual with an animal during an emergency by: Including provisions for the evacuation, shelter, and transport of an individual with an animal and that animal; and Requiring, to the extent practicable, that at least one shelter established during an emergency is designated to accommodate an individual with an animal and that animal. The act also strongly encourages a city, county, or city and county to make available to the public, on or after January 1, 2025, information for animal emergency preparedness, including: Information for creating an evacuation plan and emergency checklist for individuals with animals consistent with recommendations publicly published by the United States department of agriculture and the federal emergency management agency; Local organizations that may provide emergency animal assistance; and Local emergency shelters, cooling centers, or warming centers, when active, that can accommodate an individual with an animal. Lastly, the act also strongly encourages a city, county, or city and county, on or after January 1, 2025, to implement disability etiquette and service animal training to ensure that emergency response personnel are well prepared to interact with individuals with disabilities and their service animals during emergency situations. APPROVED by Governor April 11, 2024 EFFECTIVE April 11, 2024(Note: This summary applies to this bill as enacted.)