Sen. Dafna Michaelson Jenet

The act modifies current law regarding the process by which a policyholder may request a certified copy of their insurance policy (policy) from a homeowners insurance carrier (carrier) and the carrier's duty to comply. The act clarifies that such a request must be in written form and received by the carrier's registered agent (agent) and that the carrier's window of time to make the policy available begins when the agent receives the request. The act also imposes a penalty against a carrier that fails to comply with a policyholder's request for a certified copy of their policy in the amount of $50 per day and authorizes the award of attorney fees and costs for a policyholder's enforcement of the requirement. (Note: This summary applies to this bill as enacted.)

The act amends and makes additions to existing law concerning security deposits that tenants submit to landlords and the conditions under which a landlord may retain all or part of a security deposit. For the purposes of security deposits, the act expands the definition of "normal wear and tear". Under current law, a landlord may not retain a security deposit to cover normal wear and tear and, if actual cause exists for retaining any portion of a security deposit, the landlord must provide the tenant: A written statement listing the exact reasons for the retention (written statement); and The difference between any sum deposited and the amount retained. The act states that a landlord may not retain a security deposit to cover any damage or defective condition that preexisted the tenancy and, if the landlord delivers the written statement within fourteen days after a written request by the tenant, the landlord must also deliver any relevant documentation in the landlord's possession or control. Upon a landlord's or tenant's request, if reasonable and practicable, the act requires a landlord and tenant to conduct a walk-through inspection, either in person or via a telecommunication-assisted interactive walk-through, of the dwelling unit to identify in writing any damage or defective conditions that are beyond normal wear and tear and that did not preexist the tenancy. The landlord must provide a walk-through inspection at a time that is mutually convenient to the parties, before the termination of the lease or the surrender of the premises, and after the tenant has had the opportunity to remove furniture. A landlord wrongfully withholds a security deposit or any portion of it if the landlord: Fails to timely provide the written statement and any required documentation; Provides a written statement that fails to list the exact reasons for retaining any portion of the security deposit; Fails to timely return the difference between any sum deposited and the amount retained; or Retains a security deposit or any portion of it in bad faith. A landlord retains a security deposit or any portion of it in bad faith if the amount retained: Unreasonably exceeds the amount of actual damages; Is retained without actual cause; Is an amount the landlord knew or should have known exceeded the actual damages; or Is retained solely or in part for an unlawful, retaliatory, or discriminatory purpose. A landlord is presumed to have retained an unreasonable amount of a security deposit if the amount retained is 125% or greater than the amount of the actual damages. In any court action brought by a tenant under the act, the landlord bears the burden of proving the amount of actual damages the landlord incurred. Under current law, upon cessation of a landlord's interest in a dwelling unit, the person in possession of a tenant's security deposit must either transfer the security deposit to the landlord's successor in interest or return the security deposit to the tenant within a reasonable time. The act states that this must be done within 60 days after cessation of the landlord's interest in the dwelling unit. If a landlord's payment refunding a tenant's security deposit or any portion of it is returned to the landlord, the landlord must hold the payment for at least one year after receiving it and must disburse the payment to the tenant within 15 calendar days upon the tenant's request. A landlord does not have actual cause to retain any amount from a security deposit for the replacement of carpet or painting unless there is substantial and irreparable damage to the carpet, or substantial damage to the paint, that exceeds normal wear and tear and did not preexist the tenancy. If a landlord has actual cause, the landlord may retain only the minimum amount necessary to replace the carpet or to repaint in the area that is damaged. A landlord may not deem carpet substantially and irreparably damaged if it has not been replaced with new carpet within the 10 years preceding the termination of the lease or surrender of the premises. The act takes effect January 1, 2026. (Note: This summary applies to this bill as enacted.)

The division of water resources in the department of natural resources (division) is responsible for administering water rights and issuing water well permits, among other duties. Under current law, after having received a permit to appropriate designated groundwater or construct a well outside the boundaries of a designated groundwater basin, a permit holder is required to construct the well within one year after the date of issuance of the permit. If the well is not constructed within one year, the permit expires; except that the ground water commission (commission) in the division or the state engineer, as applicable, may grant a single one-year extension. The act extends the time frame for construction of a well to 2 years, eliminating the need for the commission or the state engineer to approve a one-year extension to the initial one-year construction time frame, except for permits issued for federally authorized water projects. The act also removes the requirement that the commission or state engineer must mail a certified letter to the permit holder before a permit can be formally expired. The act allows the commission or state engineer to reinstate an expired permit if the applicant for reinstatement of the permit can show that the well was completed in a timely manner and submits a $30 fee. Under current law, the division engineer of each water division is required to decennially present to the water court a list of water rights that meet the criteria for abandonment. The act splits this decennial abandonment process into 2 batches, grouped by water division and spaced 5 years apart, beginning with 2030 and 2035. The act maintains the requirement that the abandonment process be performed every 10 years in each water division. The act extends certain time frames relating to the well permitting process. Lastly, the act eliminates final permitting requirements for non-Denver Basin bedrock aquifer wells in the designated basins. (Note: This summary applies to this bill as enacted.)

The act requires a school district, a charter school, an institute charter school, a board of cooperative services, or the Colorado school for the deaf and the blind (local education provider) to satisfy certain requirements concerning installation, inspection, and maintenance of heating, ventilation, and air conditioning (HVAC) systems in schools if the local education provider undertakes HVAC infrastructure improvements using money from the "Infrastructure Investment and Jobs Act" cash fund. The requirements established in the act concern: Ventilation verification assessments, which include assessments of an HVAC system's filtration, ventilation exhaust, economizers, demand control ventilation, air distribution and building pressurization, general maintenance requirements, and operational controls ; The preparation of HVAC assessment reports; The review of HVAC assessment reports by mechanical engineers, who make recommendations regarding necessary repairs and improvements, suggest pathways to reduce emissions, and estimate associated costs; HVAC adjustments, repairs, upgrades, and replacements; and The preparation of HVAC verification reports, which must be maintained for at least 5 years and made available to the public upon request. The act establishes mandatory criteria that an HVAC contractor must satisfy in order to perform work described in the act. A local education provider that undertakes HVAC infrastructure improvements using money from the "Infrastructure Investment and Jobs Act" cash fund must do so using only contractors on the certified contractor list established by the department of labor and employment, unless the local education provider determines that there were no responsive, eligible subcontractors available to fulfill the mechanical, electrical, or plumbing portions of the contract. (Note: This summary applies to this bill as enacted.)

The act requires the executive director of the department of revenue to allow a sales and use tax license and a sales and use tax exemption certificate to be searchable by the name and identification number of the sales and use tax licensee or the sales and use tax exemption certificate holder. (Note: This summary applies to this bill as enacted.)

The act amends the definition of a "portable tenant screening report" (screening report) to specify that a prospective tenant using a housing subsidy is not required to include a credit history report, a credit score, or an adverse credit event with the tenant's screening report. The act also repeals language allowing a landlord to require a tenant to make a screening report directly available to the landlord through a consumer reporting agency or third-party website. (Note: This summary applies to this bill as enacted.)

Starting January 1, 2027, the act prohibits an electrical employer or plumbing employer that employs an apprentice in the state (employer) from registering an apprentice with the employer's respective governing board (board) unless the apprentice is enrolled in an apprenticeship program training the apprentice for an occupation officially recognized by the United States department of labor as an electrical occupation for an electrical apprenticeship or a plumbing occupation for a plumbing apprenticeship. On or before July 1, 2027, if existing resources are available or if the department of regulatory agencies (DORA) receives sufficient gifts, grants, or donations, the act requires the state apprenticeship agency and DORA to establish data-sharing agreements and policies to enable the entities to determine if there are apprentices registered with a board who are enrolled to be trained for occupations other than electrical or plumbing occupations and who are therefore ineligible for registration with the board. If the board cannot verify that an apprentice is eligible to be registered as an apprentice within 60 days after notice of noncompliance, the board shall remove the apprentice's registration with the board, and the noncompliant apprentice shall not perform work as a plumbing or electrical apprentice in the state. (Note: This summary applies to this bill as enacted.)

On or before September 1, 2025, the act requires the office of school safety (office) to convene and oversee a work group to develop best practices for the use of trauma-informed practices to conduct school safety drills. The act requires the work group to convene its first meeting no later than 56 days after the office receives $50,000 of gifts, grants, or donations for the purpose of the work group or receives an in-kind donation with a value of $50,000 as part of a public-private partnership agreement. No later than one year and one month after the office receives $50,000 of gifts, grants, or donations or receives an in-kind donation with a value of $50,000, the act requires the work group to develop recommendations to support schools in training school personnel on the use of trauma-informed practices in conducting school safety drills, how to best conduct school safety drills in a trauma-informed manner, and how to best respond to a school safety incident. The act requires that the work group be entirely funded by gifts, grants, and donations, including in-kind donations as part of a public-private partnership agreement. If by June 30, 2027, the work group has not received $50,000 in gifts, grants, or donations or an in-kind donation with a value of $50,000 as part of a public-private partnership agreement, the state treasurer must transfer any money received for purposes of the work group to the state education fund. (Note: This summary applies to this bill as enacted.)

The act creates the Colorado sexual assault forensic medical evidence review board (board), consisting of the attorney general, or their designee, as board chair; the executive director of the Colorado district attorneys' council, or their designee; and various members appointed by the attorney general or the governor. The board's duties include reviewing and monitoring processes related to sexual assault response, making recommendations to improve sexual assault response, and submitting an annual report concerning its duties. The act creates a notification requirement under the "Victim Rights Act" that requires a law enforcement agency to notify a victim every 90 days when the law enforcement agency has not received the results of the forensic medical evidence DNA analysis from an accredited crime laboratory. The act requires an accredited crime laboratory to endeavor to analyze forensic medical evidence within 60 days after its receipt. The act expands public reporting requirements concerning forensic medical evidence and DNA evidence backlogs. For the 2025-26 state fiscal year, the act appropriates $112,365 from the general fund to the department of law for use by the administration division to implement the act. (Note: This summary applies to this bill as enacted.)

The act changes the spending authority of the division of criminal justice (division) in the department of public safety in relation to community corrections programs by: Repealing the division's authority to transfer up to 10% of annual appropriations among or between line items for community corrections program services; and Allowing the division to overexpend up to $2 million in any one fiscal year for felony placements in community corrections programs.(Note: This summary applies to this bill as enacted.)