Sen. Lisa Cutter

The act continues the nurse-physician advisory task force for Colorado health care (NPATCH) for 7 years, until September 1, 2027. Additionally, the act specifies that 3 of the NPATCH members must be licensed physicians recommended by and representing a statewide physicians' organization that represents multi-specialty physicians and whose membership includes at least one-third of the doctors of medicine and osteopathy licensed in the state. $15,554 is appropriated from the division of professions and occupations cash fund to the department of regulatory agencies for use by the division of professions and occupations for personal services needed to implement the act. (Note: This summary applies to this bill as enacted.)

Certain employers of firefighters are currently required to maintain insurance to provide benefits to a firefighter if he or she has a heart and circulatory malfunction in connection with a stressful or strenuous activity related to an emergency response activity. In addition, certain employers of firefighters may make contributions into a multiple employer health trust established to provide benefits to volunteer firefighters diagnosed with certain covered cancers. The act adds the division of fire prevention and control in the department of public safety (division) to the definition of "employer" for the purpose of providing benefits for a heart and circulatory malfunction and to the definition of "employer" for the purpose of providing benefits for certain covered cancers. In addition, the act expands the definition of "state trooper" for purposes of the public employees' retirement association to include all current and future employees of the division that are classified as a firefighter I through firefighter VII class titles. For the 2020-21 state fiscal year, various amounts are appropriated from the general fund, cash funds, federal funds, and reappropriated funds to the department of health care policy and financing, the department of public health and environment, and the department of public safety for the implementation of the act. (Note: This summary applies to this bill as enacted.)

The state treasurer is authorized to enter into a contract or contracts to establish a small business recovery loan program (loan program). The purpose of the loan program is to assist the state's recovery from the COVID-19 pandemic by leveraging private investment for loans to Colorado small businesses recovering from the COVID-19 crisis. The treasurer is authorized to contract with the Colorado housing and finance authority or a private entity selected through an open and competitive process. Subject to the availability of proceeds from insurance premium tax credit purchases, the state treasurer may invest up to $30 million in first loss capital from the small business recovery fund established in the act in fiscal year 2020-21, and up to $30 million in first loss capital in fiscal year 2021-22; except that the total invested across both fiscal years may not exceed $50 million. The investments must be made in tranches of no more than $10 million each. Each tranche must be matched at a 4-to-1 ratio by money invested from other sources before it is committed or deployed. Once the money in a tranche is matched, it must be used to make loans of working capital to Colorado businesses with between 5 and 100 employees that meet eligibility criteria. The loans must be between $30,000 and $500,000, with a maturity of up to 5 years. The state treasurer may not invest a new tranche of state money until the prior tranche is at least 90% invested in small business loans. When each tranche is deployed, it is subject to an initial period of time in which a portion of the money is allocated to each county on a basis proportionate to the county's share of small businesses or small business employees relative to the state, or a similar metric, or based on a formula that accounts for how affected each county has been by the COVID-19 pandemic. During this time period, the money allocated to the county is reserved for eligible borrowers located in that county. After the initial period of time passes, the money remaining in the tranche is available on a statewide basis. The small business recovery loan program oversight board (oversight board) is created in the department of the treasury (department). The oversight board consists of the state treasurer, the director of the minority business office on behalf of the office of economic development, a member appointed by the speaker of the house of representatives, a member appointed by the president of the senate, and a member appointed by the governor. The oversight board consults with the treasurer on the selection of a loan program manager, establishes certain terms and criteria applicable to the loan program in consultation with lending industry leaders and small business representatives, and provides oversight and guidance to the loan program to ensure it complies with statutory requirements and fulfills the purpose of assisting Colorado small businesses recovering from the COVID-19 crisis. The loan program manager must report on a quarterly basis to the oversight board. The oversight board must file written reports with the joint budget committee twice each fiscal year, and must report once each fiscal year for the first 2 years to the business committees of the house and senate. The department is authorized to issue insurance premium tax credits to insurance companies that are authorized to do business in Colorado and incur premium tax liability, subject to procedures established by the department. The department may contract or consult with an independent third party to manage the bidding process. The department is required to issue a tax credit certificate to each successful purchaser. The department is authorized to issue up to $40 million in tax credit certificates in fiscal year 2020-21. The department is authorized to issue up to an additional $28 million in tax credits in fiscal year 2021-22, unless an equivalent amount of federal money is appropriated or allocated to the program. A qualified taxpayer may claim the tax credit against its premium tax liability. For a tax credit certificate issued in fiscal year 2020-21, the qualified taxpayer may claim up to 50% of the credit in calendar year 2026, and may claim the remaining amount of the credit beginning in calendar year 2027. For a tax credit certificate issued in fiscal year 2021-22, the qualified taxpayer may claim the credit beginning in calendar year 2028. The amount of the credit claimed cannot exceed the taxpayer's premium tax liability for a given year. The unused amount carries forward and may be claimed in subsequent years; except that a credit cannot be claimed for premium tax liability incurred in a taxable year that begins after December 31, 2031. The act creates the small business recovery fund in the treasury. The fund consists of tax credit sale proceeds, any revenues, disbursements, or money returned to the state from the loan program, and any other money the general assembly appropriates or transfers to the fund. The money in the fund is continuously appropriated to the department to implement the loan program and to pay for the department's direct and indirect costs in administering the loan program and in issuing the tax credits. Beginning in fiscal year 2025-26, the treasurer must credit any unexpended and unencumbered money remaining in the fund at the end of a fiscal year to the general fund. The fund is repealed on July 1, 2029, and all unexpended and unencumbered money remaining in the fund is transferred to the general fund. (Note: This summary applies to this bill as enacted.)

From money given to the state pursuant to the federal "Coronavirus Aid, Relief, and Economic Security Act", commonly referred to as the "CARES Act", the bill allocates $10 million from the care subfund in the general fund to the energy outreach Colorado low-income energy assistance fund administered by the Colorado energy office for use by energy outreach Colorado on or before December 30, 2020, to provide direct utility bill payment assistance to households facing economic hardship due to the COVID-19 pandemic. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The act creates the food pantry assistance grant program (grant program) to aid Colorado food pantries and food banks in the purchase of foods to meet the needs of their clientele, which has expanded significantly as a result of the COVID-19 public health emergency. A secondary purpose of the grant program is to create new market opportunities for Colorado's agricultural producers. Food purchased by a grant recipient using grant money from the grant program must be designated as a Colorado agricultural product. The department of human services (department) is directed to administer and monitor the grant program. The act repeals the grant program, effective June 30, 2022. The act authorizes an allocation of money from the "Coronavirus Aid, Relief, and Economic Security Act" (CARES Act) subfund in the general fund to the department for the grant program to meet expenses not approved as of March 27, 2020, and are necessary to respond to the COVID-19 public health emergency. The appropriations must be expended on or before December 30, 2020. For the 2019-20 state fiscal year, $500,000 is appropriated to the department of human services from the care subfund in the general fund. The department of human services may use this appropriation for the food pantry assistance grant program. Any money appropriated not expended prior to July 1, 2020, is further appropriated to the department of human services for the period from July 1, 2020, through December 30, 2020, for the same purpose. (Note: This summary applies to this bill as enacted.)

The Special Olympics Colorado fund voluntary contribution is currently scheduled to appear on the state income tax return form for income tax years beginning on or after January 1, 2015, but prior to January 1, 2020. The bill extends the period during which the fund will appear on the form. The fund continues to appear on the form unless the fund fails to receive the minimum contribution required by statute in a certain tax year. The bill also creates a Special Olympics Colorado license plate. To be issued the plate, an applicant must pay a one-time $25 fee and make a donation to a nonprofit organization that: Is headquartered in Colorado; Has been in existence for at least 40 years; Provides year-round sports training and athletic competitions for children and adults with intellectual disabilities; Collaborates with schools throughout Colorado to bring students together, with and without disabilities, through shared activities that include sports, leadership opportunities, and health education and fitness; and Ensures that the donation is spent in Colorado to support athletes with intellectual disabilities.(Note: This summary applies to this bill as introduced.)

Wildfire Matters Review Committee. The bill establishes the wildfire mitigation resources and best practices grant program (grant program) within the division of local government in the department of local affairs. Grant recipients use grant money to conduct outreach among landowners to inform them of resources available for wildfire mitigation and best practices for wildfire mitigation. The grant program only awards grants to applicants conducting outreach to landowners in high wildfire hazard areas and prioritizes applications based on the potential impact of the applicant's proposed outreach. The bill also extends the increased wildfire mitigation income tax deduction that allows a landowner to claim 100%, rather than 50%, of the costs they incur in performing wildfire mitigation measures. (Note: This summary applies to this bill as introduced.)

Zero Waste and Recycling Interim Study Committee. The bill tasks the executive director of the department of public health and environment (executive director) or the executive director's designee and the commissioner of agriculture (commissioner) or the commissioner's designee with developing an organics management plan (plan) on or before September 1, 2022. The department of public health and environment may incorporate the plan into the department's existing work regarding organics management if its existing work meets the standards established for the organics management plan. In developing the plan, the executive director and the commissioner are required to study and make recommendations regarding organic waste management practices to encourage compost use on soil to promote carbon storage. The executive director and the commissioner must also complete 2 statewide surveys as part of the plan, with one survey examining end uses for the major categories of organic waste feedstock generated within the state and the other survey examining existing organic waste generation facilities and processing capacity. On or before February 1, 2023, the executive director, in collaboration with the commissioner, shall submit a report summarizing the plan to the legislative committees with jurisdiction over energy or agricultural matters. For the 2020-21 state fiscal year, the bill appropriates $150,000 from the solid waste management fund to the department of public health and environment for use by the solid waste control program to implement the plan. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Section 1 of the bill creates the hazard mitigation enterprise (enterprise). The enterprise collects a fee on insurance companies that offer certain insurance policies and use the fee revenue to finance the hazard mitigation grant program, provide public education on the importance of insurance in buying down risk and for the continuity of business operations, and provide local governments technical information and support on natural hazard mitigation through land use and building codes. The enterprise awards hazard mitigation grants to assist entities that apply for federal grants that require matching funds and are dedicated to assisting in the implementation of pre-disaster hazard mitigation measures. Section 2 sets the fee at .05% of the insurance premiums collected by insurance companies that offer certain insurance policies. The enterprise shall submit a report by July 1 of each year to the committees of reference of the general assembly to which the department of public safety is assigned regarding the grant program. (Note: This summary applies to this bill as introduced.)

The bill encourages each food manufacturer to affix a label indicating an elevated risk date on each product that poses a high level of risk to an individual who consumes the food product after the elevated risk date. On and after July 1, 2023, food that is offered for sale with such a label must: Display the elevated risk date preceded by the phrase "USE BY" unless the executive director of the department of public health and environment (department) promulgates rules establishing a different phrase; and Express the date by the first 3 letters of the month, followed by numerals designating the calendar day and year, or by the numerical calendar month followed by numerals designating the calendar day and year. On and after July 1, 2023, if a food manufacturer or retail food facility includes a quality date on a food product, the quality date must be: Displayed preceded by the phrase "BEST IF USED BY" unless the executive director promulgates rules establishing a different phrase; and Expressed by the first 3 letters of the month followed by numerals designating the calendar day and year, or by the numerical calendar month followed by numerals designating the calendar day and year. The bill requires the department to make publicly available on its website information indicating the distinction between elevated risk dates and quality dates on food labels. The executive director may promulgate rules to implement the new labeling requirements. (Note: This summary applies to this bill as introduced.)