The act creates the evaluating the costs associated with enforcement of and incarceration for drug crimes task force (task force). The act requires the university of Colorado school of public health to conduct a actuarial study (study) to evaluate the costs associated with the enforcement of drug laws and incarceration in the state. The study must: Consider and determine state and local government costs associated with the investigation of drug crimes and the enforcement of drug laws; Consider and determine the costs incurred by the judicial department in adjudicating drug crimes and supervising defendants convicted of drug crimes; Consider and determine state and local government costs associated with confining and incarcerating individuals accused of and convicted of drug crimes and the state costs associated with parole supervision for those convicted of drug crimes; and Determine the total state and local government costs associated with enforcing drug laws, investigating and punishing drug crimes, and rehabilitating those convicted of drug crimes. The university of Colorado school of public health shall provide the study to the task force. The task force shall consider the study and make recommendations to the general assembly regarding how money saved by reducing drug crimes or sentencing for drug crimes could be spent to reduce substance use and dependence in Colorado. The task force shall create a report of its findings by June 1, 2024, and shall present the report to the judiciary committees of the house of representatives and senate. The act appropriates: $79,914 from the general fund to the department of higher education for use by the university of Colorado to complete the study; $16,138 from the general fund to the department of public health and environment for administrative expenses; and $1,324 from the general fund to legislative department for per diem and expense reimbursement. VETOED by Governor June 6, 2023 (Note: This summary applies to this bill as enacted.)
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The act expands the definition of state "records" to include audio recordings, visual recordings, and audio-visual recordings regardless of their format, which allows these types of records to be deposited in the state archives. It also provides for the preservation of state records through digital scanning when the preservation method meets certain standards established by the department of personnel. The act repeals the requirement that the state archives receives copies of every state publication. APPROVED by Governor June 5, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
The act creates the sixth through twelfth grade mental health screening program (program) administered by the behavioral health administration (BHA) to identify risks and provide resources and referrals related to student mental and emotional health needs. The act allows any public school that serves any of grades 6 through 12 and meets certain requirements to participate in the program. The act requires participating schools to provide written notice to the parents of students within the first 2 weeks of the start of the school year in order to allow parents to opt their child out of the program. Mental health screenings must be conducted in participating schools by a screener selected through a request for proposals process. The act requires a screener to notify a student's parent if the screener determines that additional mental health services are needed based on the student's mental health screening results. Students who are home-schooled but who participate in extracurricular activities or athletic programs at a participating school are exempt from the program. The act appropriates $475,278 from the general fund to the department of human services for community-based mental health services related to the program. APPROVED by Governor June 5, 2023 EFFECTIVE June 5, 2023 (Note: This summary applies to this bill as enacted.)
An individual applying for the property tax exemption for a veteran with a disability has been required to submit the application to the division of veterans affairs (division) in the Colorado department of veterans and military affairs. The act instead requires an individual to submit an application to the individual's county tax assessor. When submitting an application, the act requires an individual to include proof of qualifying veteran with a disability status, which the act defines as documentary evidence from the United States department of veterans affairs that the individual is a qualifying veteran with a disability. The act further requires the division to develop guidance that specifies the documentary evidence from the United States department of veterans affairs that must be included with an application. The act eliminates the requirement that the division determine whether an individual is a qualifying veteran with a disability. To comply with an existing statutory requirement that "people first language" be used in new or amended statutes that refer to persons with disabilities, the act also changes the existing terms "disabled veteran" and "disabled veterans" to "veteran with a disability" and "veterans with a disability". APPROVED by Governor June 5, 2023 PORTIONS EFFECTIVE June 5, 2023 PORTIONS EFFECTIVE January 1, 2024 (Note: This summary applies to this bill as enacted.)
The act creates a water testing program for mobile home parks (parks). The testing program is developed and administered by the water quality control division (division) in the department of public health and environment (department). The act also sets testing prioritization criteria and testing standards. Within 10 days after receiving test results, the division will notify the following of the test results and, if the testing reveals a water quality issue, include information about the availability of the complete test results, any violation of water quality standards, recommended actions, remediation, and the grant program established in the act: The park owner; The county department of health where the park is located; The municipality where the park is located, if any; The division of housing in the department of local affairs; The water supplier; and The environmental justice ombudsperson (ombudsperson). Upon receiving the notice, the park owner must: Notify the park residents within 5 days in the language chosen by the residents; Comply with orders of the division; and Not impose the cost of compliance on park residents. Within 120 days after receiving the notice, the park owner must prepare and submit to the division a remediation plan. The park owner must complete the remediation plan based on a schedule approved by the division, consult with the division, and provide a reasonable and sufficient amount of accessible drinking water or department-approved filters to park residents if necessary to address acute health risks. The division will coordinate with the division of housing in the department of local affairs to identify potential money, including grant money from the grant program created in the act, to support park water quality remediation. The division will develop an action plan to address and improve water quality in parks. Standards are established for the action plan and the development of the action plan. The act creates a grant program to help park owners, nonprofit entities, and local governments address water quality issues in parks. Standards are set for obtaining and spending grants. The division will implement and administer the grant program. The general assembly will annually appropriate money to the department to fund the grant program. The act is enforced by the attorney general and the division, which may issue cease-and-desist orders. The attorney general may request a temporary restraining order, preliminary injunction, permanent injunction, or any other relief necessary to protect the public health, water quality, or environment. The act establishes that: The division may impose a civil penalty of up to $10,000 plus an additional $5,000 per full calendar month the violation continues; A park owner that fails to register under the "Mobile Home Park Act Dispute Resolution and Enforcement Program" violates the "Colorado Consumer Protection Act"; Retaliation against a tenant for making a complaint is prohibited; and A person may bring a civil action under the "Mobile Home Park Act". Civil penalties are deposited in the mobile home park water quality fund to be used to provide grants through the grant program and for the division to administer and enforce the act. The ombudsperson is given the duty to represent park residents in matters of water quality. The act adds water quality issues to the database created by the "Mobile Home Park Act Dispute Resolution and Enforcement Program", which tracks complaints filed against parks. To implement the act, $3,611,859 is appropriated from the general fund to the mobile home park water quality fund, of which $3,407,448 is reappropriated to the department for administration, personal services, and the purchase of legal services, and $136,885 is appropriated from the general fund to the mobile home park act dispute resolution and enforcement program fund for use by the department of local affairs. APPROVED by Governor June 5, 2023 EFFECTIVE June 5, 2023 (Note: This summary applies to this bill as enacted.)
The act creates the Colorado multidisciplinary health-care provider access training program (program) to improve the health care of medically complex, costly, compromised, and vulnerable older Coloradans. The university of Colorado Anschutz medical campus shall develop, implement, and administer the program. The program may be offered to Colorado institutions of higher education with clinical health professions graduate degree programs. The program coordinates and expands geriatric training opportunities for clinical health professions graduate students (students) enrolled in participating Colorado institutions of higher education (participating institutions) across Colorado studying to become advanced practice providers; dentists; nurses; occupational therapists; pharmacists; physicians, including medical doctors and doctors of osteopathy; physical therapists; psychologists; social workers; and speech-language therapists. Students who successfully complete the program are awarded certificates and issued letters authorizing those students to become trainers for the program in clinics across the state. The act creates the Colorado multidisciplinary health-care provider access training program advisory committee (committee) to ensure that the training for the program is consistent and collaborative across the fields of study. The committee is required to: Appoint a program chair; Set the program's standards for training and delivery of multidisciplinary medical care to medically complex, costly, compromised, and vulnerable older Coloradans; Establish requirements for the program; Identify and invite institutions of higher education that offer appropriate clinical health professions graduate degree programs to become participating institutions; Collaborate with participating institutions across Colorado to enhance recruitment of students to enter a field specific to geriatrics and select students with an interest in geriatric care to participate in the program; Assist with updating the program's curricula; Analyze data collected by the program; Build a multidisciplinary network of trained geriatric clinicians to collaborate and provide opportunities for clinicians to work together to better understand the roles of each health-care discipline in urban, rural, and underserved communities when caring for older Coloradans; Improve placement of students in experiential clinical training opportunities, prioritizing rural and underserved communities; Coordinate with graduates of the program to become geriatric trainers for future students; and Increase the number of clinical training sites across Colorado, specifically in rural and underserved communities. The act requires a representative of the program to submit a report on July 1, 2025, and no later than July 1 each year thereafter, summarizing program data to the health and human services committee of the senate and the health and insurance committee of the house of representatives, or their successor committees. The report must include the following: The number of students participating in the program; The number of students who successfully complete the program; The subsequent locations and job placements of program graduates; The number of program graduates who become trainers; and The description of facilities where program graduates become trainers. The act appropriates $784,269 to the department of higher education from the general fund. APPROVED by Governor June 5, 2023 EFFECTIVE June 5, 2023 (Note: This summary applies to this bill as enacted.)
Current law requires that certain entities submit a plan (clean energy plan) to the division of administration (division) in the department of public health and environment (department) and the public utilities commission (PUC) to reduce the entity's greenhouse gas emissions associated with the entity's electricity sales and to achieve at least an 80% reduction in greenhouse gas emissions caused by the entity's Colorado retail electricity sales by 2030 relative to 2005 levels (2030 clean energy target). In addition to meeting the 2030 clean energy target, the act requires that any clean energy plan submitted to the division on or after January 1, 2024, achieve at least a 46% reduction in greenhouse gas emissions caused by the entity's Colorado electricity sales by 2027 relative to 2005 levels if the achievement of the 46% reduction in greenhouse gas emissions will maintain reliability and result in an incremental average annual cost of no more than 2.5% of the entity's system costs (new clean energy plan requirements). As part of any electric resource plan developed, finalized, or submitted on or after July 1, 2023, any entity that submits a clean energy plan to the division before January 1, 2024, is required to model: At least one portfolio that achieves the 2030 clean energy target; and At least one portfolio that achieves greater greenhouse gas emissions reductions than the reductions that the clean energy plan submitted before January 1, 2024, is projected to achieve by 2027 and the 2030 clean energy target. The act also requires any entity that submits a clean energy plan to the division on or after July 1, 2023, to base the entity's 2005 baseline greenhouse gas emissions, estimated 2027 greenhouse gas emissions, and estimated 2030 greenhouse gas emissions on: The greenhouse gas emissions from each resource that is used to supply electricity to the entity's retail electricity customers; and The greenhouse gas emissions from each resource that generates electricity and that is owned by the entity if the applicable greenhouse gas emissions are not otherwise required to be included in another entity's clean energy plan. The act also requires the division to independently confirm or calculate the data it uses in verifying a clean energy plan submitted to the division on or after July 1, 2023, and allow the public to access and provide comments about the data prior to the verification of a clean energy plan. No later than June 1, 2028, the division, for each entity that is required to submit a clean energy plan and does not have its electric resource planning process regulated by the PUC, must: Calculate the percentage of reduction in greenhouse gas emissions achieved by December 31, 2027, relative to 2005 levels; and Determine whether each entity has obtained all of the resources necessary to achieve the 2030 clean energy target. If the division determines that an entity has not obtained all of the resources necessary to achieve the 2030 clean energy target, no later than December 31, 2028, the entity must submit a report to the division identifying the resources that it has procured to achieve the 2030 clean energy target (report). If the entity does not submit the report on or before December 31, 2028, or if the division determines from the report that an entity has not obtained all of the resources necessary to achieve the 2030 clean energy target, the air quality control commission (AQCC) shall adopt rules that limit the greenhouse gas emissions by the entity to ensure that the entity achieves the 2030 clean energy target and the division shall amend any of the entity's operating permits for sources of greenhouse gas emissions to ensure that the entity achieves the 2030 clean energy target. The act also requires: If a utility's Colorado electricity sales between January 1, 2022, and December 31, 2022, are equal to or greater than 300,000 megawatt-hours, the utility to submit a clean energy plan to the division; and The owner of an electric generating unit that has a nameplate capacity equal to or larger than 50 megawatts and emits greenhouse gases directly into the atmosphere to submit a clean energy plan to the division that covers all greenhouse gas emissions from the unit that are not otherwise required to be included in the clean energy plan of another entity. Any entity required to submit a clean energy plan to the division may designate another entity to submit a clean energy plan on its behalf or submit a joint clean energy plan with another entity. No later than October 1, 2024, the division shall submit a report to the general assembly that includes certain data regarding which electric utilities have submitted clean energy plans to the division and the electricity generation resources that are responsible for greenhouse gas emissions in the state. No later than December 31, 2024, the division shall issue guidance specifying the manner in which the division will track and account for greenhouse gas emissions associated with electric utility transactions in organized markets. No later than March 31, 2026, any entity that is required to submit a clean energy plan may inform the division in writing of any challenges that the entity is encountering in achieving the 2030 clean energy target (challenges). If an entity informs the division of any challenges, the division and the Colorado energy office must hold at least one stakeholder meeting in 2026 to discuss the challenges. If the entity informs the division that the entity is still encountering challenges after the stakeholder meeting, no later than December 31, 2026, the division shall report the challenges to the general assembly. The act defines "cooperative retail electric utility" as a retail electric utility that has: Indicated an intent to submit or, on or after December 1, 2020, has submitted a clean energy plan; and Provided a non-conditional notice that it is withdrawing from a wholesale generation and transmission cooperative after January 1, 2021, or enters into a partial requirements contract with a wholesale generation and transmission cooperative to obtain more than 5% of its firm capacity supply from a greenhouse-gas-emitting generation source other than the cooperative retail electric utility's wholesale generation and transmission cooperative (cooperative retail electric utility) provider. A cooperative retail electric utility must submit a clean energy plan to the division no later than 24 months after ceasing to be a member of a wholesale generation and transmission cooperative or after the date that a partial requirements contract begins. The division shall verify, in consultation with the PUC, that the cooperative retail electric utility meets the new clean energy plan requirements and the 2030 clean energy target. Upon the request of the cooperative retail electric utility, certain entities must provide any emissions data in their possession that is necessary for the cooperative retail electric utility to develop and submit a clean energy plan to the division. The act also defines "wholesale power marketer" as an entity operating in the state that supplies wholesale capacity or energy to a retail electric utility located in the state and that supplies 300,000 megawatt-hours or more of electricity to entities in the state annually (wholesale power marketer). A wholesale power marketer must submit a clean energy plan with the division if, on or after July 1, 2023: The wholesale power marketer sells, provides, arranges for, or contracts for the delivery of capacity or energy to a retail electric utility in the state; and The greenhouse gas emissions associated with the retail electric utility's operations are not otherwise required to be included in another entity's clean energy plan. The division must verify, in consultation with the PUC, that any clean energy plan submitted by a wholesale power marketer meets the new clean energy plan requirements and the 2030 clean energy target. A wholesale power marketer that supplies electricity to any entity must, upon request of the entity, provide any emissions data in its possession that is necessary for the entity to develop and submit a clean energy plan to the division. The act also defines "new electric utility" as any new electric utility that is incorporated, created, or otherwise formed on or after July 1, 2023, that: Serves retail customers in the state; and Sells 300,000 megawatt-hours or more of electricity in its first year of operation (new electric utility). A new electric utility must submit a clean energy plan to the division no later than 2 years after being incorporated, created, or otherwise formed. If a new electric utility does not submit a clean energy plan to the division within this time, the AQCC shall adopt rules to reduce the greenhouse gas emissions by the new electric utility to ensure that the new electric utility meets the new clean energy plan requirements and the 2030 clean energy target. For the 2023-24 state fiscal year, the act appropriates $276,384 from the general fund to the department for the following uses: $189,420 for use by the air pollution control division for personal services related to stationary sources; $23,520 for use by the air pollution control division for operating expenses related to stationary sources; and $63,444 for legal services. APPROVED by Governor June 5, 2023 EFFECTIVE June 5, 2023 (Note: This summary applies to this bill as enacted.)
The act requires the department of public health and environment (department) to create a public database of buildings that have been used as illegal drug laboratories involving methamphetamine. The department must remove a building from the database 5 years after the property has been decontaminated. The database must notify the public as to whether the property has been decontaminated. A law enforcement agency and an industrial hygienist are required to notify the department upon discovering an illegal drug laboratory that manufactured methamphetamine on residential property. Colorado law creates a warranty of habitability that authorizes a tenant to void a lease if the property is not habitable. The act adds to the warranty a failure to remediate residential property that has been used as an illegal drug laboratory to make methamphetamine. To implement the act, $74,516 is appropriated to the department from the general fund. APPROVED by Governor June 2, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
Currently, a grocery store, supermarket, convenience store, liquor store, dry cleaner, pharmacy, drug store, clothing store, or other type of retail establishment at which carryout bags are traditionally provided to customers (store) is required to collect a fee for each carryout bag the store provides to a customer. The store must remit a portion of that fee to the municipality or county (local government) in which the store is located. When the local government has not established a process to accept the remitted fees, the act requires the store to retain and use the portion of the fee that would otherwise be remitted to a local government: For any recycling, composting, or other waste diversion programs and related outreach and education activities; and To purchase reusable bags. APPROVED by Governor June 1, 2023 EFFECTIVE June 1, 2023 (Note: This summary applies to this bill as enacted.)
Current law establishes water and energy efficiency standards (standards) for certain appliances and fixtures sold in Colorado. Sections 1 through 7 of the act expand the appliances and fixtures that are subject to the standards and update the standards. Specifically, section 4 updates standards for certain new appliances and fixtures that are sold, leased, or rented in Colorado on and after certain dates, including: Showerheads, urinals, water closets, and certain faucets; Certain lamps; Commercial hot food holding cabinets; Portable electric spas; Residential ventilating fans; and Spray sprinkler bodies. Section 4 also creates new standards for certain new appliances and other fixtures that are sold or leased in Colorado on and after January 1, 2026, including: Air purifiers; Commercial ovens; Electric storage water heaters; Electric vehicle supply equipment; Gas fireplaces; Irrigation controllers; Tub spout diverters and showerhead tub spout diverter combinations; Certain residential windows, residential doors, and residential skylights; and Thermostats. Section 4 also removes standards for air compressors, general service lamps, and uninterruptible power supplies. Section 5 requires the executive director (executive director) of the department of public health and environment (department) to promulgate rules on or before January 1, 2026, and every 5 years thereafter establishing standards for appliances and other devices that are not subject to the standards if certain conditions are met. Section 6 exempts manufacturers of products subject to the standards from having to demonstrate that a product complies with the law if the product appears in the state appliance standards database maintained by the Northeast Energy Efficiency Partnerships or a successor organization. Section 6 also requires the executive director to verify major retailers' and distributors' compliance with the standards through online spot-checks, coordination with other states that have similar standards, or both. The executive director must deliver a report to the legislative committees of reference concerning the method and findings of the verifications, post the report on the department's website, and report any findings of violations to the attorney general. Under current law, any person who sells or offers to sell in the state any new consumer product that is required to meet an efficiency standard but that the person knows does not meet that standard is subject to a civil penalty of not more than $2,000 for each violation, which amount is credited to the general fund. Section 7 credits any penalties imposed to the energy fund created in the Colorado energy office rather than to the general fund and specifies that each transaction or online for-sale product listing constitutes a separate violation. Section 8 establishes the "Clean Lighting Act" to phase out the sale of general-purpose fluorescent light bulbs that contain mercury. With certain exceptions, on and after January 1, 2025, a person shall not manufacture, distribute, sell, or offer for sale in Colorado any linear florescent lamp or compact fluorescent lamp. Section 9 establishes standards for heating and water heating appliances. With certain exceptions, on and after January 1, 2026, a person shall not manufacture, distribute, sell, offer for sale, lease, or offer for lease in Colorado any new water heater or fan-type central furnace unless the emissions of the product do not exceed certain limits on emissions. Section 9 also requires manufacturers to use certain testing protocols, display certain information on each product, and demonstrate compliance through one of 2 described means. Section 9 also allows the executive director to promulgate rules updating any emission standard, definition, or test method for new water heaters or fan-type central furnaces in order to maintain or improve consistency with other comparable standards in other states so long as the updated version results in air quality that is equal to or better than air quality achieved using the prior standard. On or before January 1, 2030, the executive director must conduct an analysis to determine whether statewide greenhouse gas emissions from water heaters and fan-type central furnaces are declining in comparison to emission levels in 2023 in a manner that comports with the statewide greenhouse gas reduction goals. Unless the analysis determines that the emissions trajectory is consistent with achieving the statewide greenhouse gas reduction goals, the executive director shall propose to the air quality control commission rules to bring the emission levels in line with the reduction goals. Sections 8 and 9 both require the executive director to verify major retailers' and distributors' compliance with the prohibitions through online spot-checks, coordination with other states that have similar standards, or both. The executive director must deliver a report to the legislative committees of reference concerning the method and findings of the verifications, post the report on the department's website, and report any findings of violations to the attorney general. If the attorney general has probable cause to believe that a violation occurred, the attorney general may bring a civil action on behalf of the state to seek the imposition of civil penalties, and any civil penalties are to be deposited in the energy fund. For the 2023-24 state fiscal year, the act appropriates $49,730 to the department from the general fund to be used by the department as follows: $5,848 for use by the division of environmental health and sustainability for administration and support; and $43,882 for the purchase of legal services, which amount is reappropriated to the department of law to provide legal services for the department. APPROVED by Governor June 1, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)