Under current law, an affordable housing developer in Colorado can qualify for state property tax exemptions for 15 years and federal income tax credits for 30 years. The act allows affordable housing projects to receive the Colorado state property tax exemptions for an extended period of 15 years to match the period available under federal law. Under current law, the tax credit for environmental remediation of contaminated land (commonly referred to as the Brownfield credit) allows taxpayers to claim income tax credits for voluntary cleanup of contaminated land, known as brownfield, located in Colorado. Taxpayers can claim a transferable credit equivalent to 40% of the first $750,000 spent on remediation and 30% of the next $750,000 spent, for a maximum credit of $525,000 on remediation costs of $1.5 million or more. In addition, a "qualified entity", which is a county, municipality, or private nonprofit entity, is allowed an essentially identical transferable expense amount for expenses incurred in performing approved environmental remediation that can be transferred to a taxpayer as an income tax credit. The Colorado department of public health and environment (CDPHE) is authorized to certify a total of $3 million in both tax credits for each income tax year. The act: Extends the tax credit, which is set to expire on January 1, 2023, to January 1, 2025, for an additional 2 years; Increases the annual total cap on tax credits from $3 million to $5 million for calendar year 2022 and after; Expands the definition of "qualified entity" to include school districts, charter schools, special districts, institutions of higher education, and other quasi-governmental entities; Allows a taxpayer whose credit is tied to remediation of a site in a rural community to claim a credit equivalent to 50% of the first $750,000 spent on remediation and 40% of the next $750,000 spent; Eliminates some restrictions that taxpayers have on the transferability of credits, including a restriction that requires any transfer to occur within the first 2 years of receiving the tax credit and the requirement that the transferee certify that the taxpayer satisfied statutory requirements; and Requires a taxpayer and a transferee of a tax credit or transferable expense amount to jointly file a copy of the transfer agreement with CDPHE, specifies that such filing perfects the transfer, and clarifies that the transferee and the department of revenue can rely upon the certification by CDPHE of the ownership and the amount of the tax credit as being accurate.(Note: This summary applies to this bill as enacted.)
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The act permits an institution of higher education (institution), or a group of institutions that is managed by a single governing board, that was designated as an enterprise by the institution's or facility's governing body as of January 1, 2021, and that subsequently disqualifies as an enterprise, to qualify and be redesignated as an enterprise without voter approval. The act permits an auxiliary facility, or group of auxiliary facilities with similar functions, that is managed by the governing body of an institution or by the board of directors of the Auraria higher education center that was designated as an enterprise by the institution's or facility's governing body as of January 1, 2021, and that subsequently disqualifies as an enterprise, to qualify and be redesignated as an enterprise without voter approval. The act prohibits a state enterprise that was qualified or created after January 1, 2021, from receiving more than $100,000,000 in revenue from fees and surcharges in its first 5 fiscal years unless approved at a statewide general election. The act repeals the requirement that an election be held based on an enterprise's projected revenue. If a state enterprise has collected $100,000,000 in fees and surcharges in its first 5 fiscal years prior to approval, the state enterprise must stop collecting fees and surcharges. The act clarifies that, for the purpose of applying the approval requirements, enterprises serve primarily the same purpose when they provide the same services in the same geographic area and that the first 5 fiscal years of a state enterprise for the purpose of calculating the $100,000,000 amount are the first 5 state fiscal years since the creation or first qualification of the enterprise. (Note: This summary applies to this bill as enacted.)
The act clarifies that the housing requirements with which agricultural employers must comply during a public health emergency apply only during a statewide public health emergency that concerns COVID-19 or another communicable disease. The act allows an alternative to compliance with the existing housing requirements by authorizing a person engaged in agricultural employment to instead comply with alternative protections identified in a public health order issued by the department of public health and environment. The act authorizes the department of labor and employment to consult with the department of public health and environment concerning the enforcement of agricultural worker housing requirements. (Note: This summary applies to this bill as enacted.)
The act allows the state board of human services (state board) to utilize eligibility processes from other public assistance or entitlement programs when promulgating rules for redetermining and verifying eligibility for the Colorado works program (works program). When determining income requirements for the works program, the act requires the department of human services (state department) to use an income conversion ratio for converting weekly and biweekly income to a monthly amount using the lowest ratio or methodology that results in the lowest monthly income amount allowable under federal law. Current law prohibits a person convicted of a drug-related felony offense from being eligible for assistance under the works program unless the person is determined by a county department of human or social services (county department) to have taken action toward rehabilitation. The act removes the ban on eligibility. No later than July 1, 2023, the act requires the state board to promulgate rules establishing statewide standards and procedures that require counties to: Offer an extension beyond the 60-month lifetime maximum for all households that demonstrate good cause, which includes, but is not limited to, an applicant or participant who is a child-only case, the head of a single parent household and has a child under one year of age, or experiencing hardship; and Inform and not penalize any applicant or household that demonstrates good cause for an exemption from work requirements which includes, but is not limited to, an applicant or participant who is the head of a single-parent household and has a child under one year of age or is experiencing hardship. The act requires the state department to annually review and promulgate rules as necessary to update the standard of need to ensure the standard of need is equitable, promotes economic mobility and self-sufficiency, and reflects the current economic status of the state. Current law requires the state department to ensure the amount of a basic cash assistance grant that an applicant or participant receives is equal to or exceeds 102% of the need standard for a participant in a similarly sized household on January 1, 2008. For the state fiscal year commencing July 1, 2022, the act requires the amount of the basic cash assistance grant to equal or exceed 100% of the basic cash assistance in 2021, plus 10%. For the state fiscal year commencing July 1, 2024, and each state fiscal year thereafter, the act requires the amount of the basic cash assistance grant to equal or exceed the amount of basic cash assistance for the previous state fiscal year plus a 2% cost of living adjustment or a cost of living adjustment that is equal to the average of the federal social security administration's cost of living adjustment for that fiscal year plus the previous 2 fiscal years, whichever is greater. On July 1, 2022, the act requires the state treasurer to transfer $21.5 million from the economic recovery and relief cash fund (cash fund) to the Colorado long-term works reserve to cover any increase in basic cash assistance above the amount of basic cash assistance in state fiscal year 2021-22. Beginning in state fiscal year 2023-24, and each state fiscal year thereafter, the act requires the state department to first expend any money remaining that is transferred to the Colorado long-term works reserve from the cash fund. The state department shall then expend money in an amount equal to one-third of the amount necessary to cover any such increase from available "Temporary Assistance for Needy Families" (TANF) funds, and an amount equal to two-thirds of the amount necessary to cover any such increase that the general assembly appropriates to the state department from the state general fund or any other available fund. If the total statewide county TANF reserve falls below 15% of the county block grant amount, the act requires the general assembly to appropriate money from the Colorado long-term works reserve to the county block grant until the balance of the total statewide TANF reserve exceeds 15% or until the Colorado long-term works reserve falls below 25% of the state block grant amount. If the Colorado long-term works reserve falls below 25%, of the state block grant amount and the total statewide county TANF reserve exceeds 15% of the county block grant amount, the act requires counties to fund the TANF program from available TANF funds until the total statewide county TANF reserve falls below 15% of the county block grant amount. The act strongly encourages a county department to contact each participant using each method of communication provided by the participant in order to conduct exit and follow-up interviews upon case closure. The act expands the purpose of the exit and follow-up interviews to include evaluating the participant's experience with the works program, how well the program met the participant's needs and assisted the participant in meeting the participant's goals, and informing the state department of any changes to rules that are needed to improve the participant's experience. Beginning January 2023, and each January thereafter, the state department is required to submit a report to the general assembly on the effectiveness of the works program. Current law requires the state board to promulgate rules that require a percentage reduction in the basic cash assistance grant upon the imposition of a sanction affecting the grant, with the percentage to be specified in the rules but not to be less than 25%. The act requires the percentage not to exceed one dollar. The act requires the works allocation committee to review, at least quarterly, the balance of the Colorado long-term works reserve, the balance of the total statewide county TANF reserve, and the amount of basic cash assistance grants provided to participants to monitor whether the reserves will fall below specified amounts. The act authorizes a county department that is projected to exhaust all money available in the county's TANF reserve and faces a local or statewide natural disaster or other emergency to request money from the county block grant support fund. No later than September 30, 2022, the act requires the state department to develop an outreach and engagement plan to promote access to the works program for eligible persons. The act appropriates: $3,500,00 from the economic recovery and relief cash fund to the department of human services for use by the office of economic security; $9,849,303 from the Colorado long-term works reserve to the department of human services; and $1,066,400 to the office of the governor for use by the office of information technology.(Note: This summary applies to this bill as enacted.)
The act creates a film incentive task force to study how to make the performance-based incentive for film production in Colorado more effective. The task force is required to submit its findings to the house of representatives business affairs and labor committee and the senate business, labor, and technology committee by January 1, 2023. The executive director of the office of economic development is authorized, in the executive director's discretion, to authorize the approval or issuance of an incentive in an amount that exceeds the current statutory limit of 20% of qualifying local expenditures for a production company that qualifies for an incentive. On July 1, 2022, the state treasurer is required to transfer $2 million from the general fund to the Colorado office of film, television, and media operational account cash fund. The $2 million that is transferred is appropriated to the office of the governor for use by the office of economic development for the Colorado office of film, television, and media. (Note: This summary applies to this bill as enacted.)
The act creates the middle-income housing authority (authority) for the purpose of acquiring, constructing, rehabilitating, owning, operating, and financing affordable rental housing projects for middle-income workforce housing. The authority is governed by a board of directors composed of appointees by the governor with the consent of the senate. The bill specifies requirements governing the appointment of board members and other administrative details. The board must solicit project proposals by October 1, 2022. Rental units in affordable rental housing projects must provide middle-income workforce housing with stable rents. The authority is a "public entity" and is a "special purpose authority" for the purpose of TABOR. The authority is authorized to exercise the powers necessary to acquire, construct, rehabilitate, own, operate, and finance affordable rental housing projects, including but not limited to: The power to issue bonds in connection with its affordable rental housing projects payable solely from revenues from affordable rental housing projects and with no recourse to the state; The power to enter into public-private partnerships and to contract with experienced real estate professionals to develop and operate affordable rental housing projects; The power to employ its own personnel or contract with public or private entities, or both, for services necessary or convenient to the conduct of all of the authority's activities; To provide assistance to tenants in its rental housing to enable a transition to home ownership; and To establish one or more controlled entities to carry out its activities.(Note: This summary applies to this bill as enacted.)
The act requires the department of education to identify specific goals for its foster care education initiative to improve the educational attainment of youth in foster care. The act also requires the department of education to report specified data on annual improvement of the educational attainment of youth in foster care to specified committees of the general assembly. The act creates the fostering educational opportunities for youth in foster care program (program) in the department of human services (department), modeled after an existing program in Jefferson county. Under the program, the department shall contract with at least 2 and to up to 5 additional school districts to monitor youth in foster care enrolled in the districts. The act also requires the department to annually report to specified committees of the general assembly on the program. The act appropriates from the general fund $210,677 to the department of education and $563,568 to the department. (Note: This summary applies to this bill as enacted.)
Beginning July 1, 2023, the act grants the public employees of a county with a population of 7,500 people or more (county employees) the right to: Organize, form, join, or assist an employee organization or refrain from doing so; Engage in collective bargaining; Engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection; Communicate with other county employees and with employee organization representatives and receive and distribute literature regarding employee organization issues; and Have an exclusive representative at formal discussions concerning a grievance, a personnel policy or practice, or any other condition of employment. The act clarifies that county employees may participate fully in the political process. Additionally, the act: Grants the exclusive representative of county employees the right to access county employees at work, through electronic communication, and through other means, including employee orientations; Requires counties to honor county employee authorizations for payroll deductions for the exclusive representative; Clarifies that specific rights of county employers are not impaired unless otherwise agreed to in a collective bargaining agreement; Clarifies that nothing in a collective bargaining agreement restricts or usurps the existing authority granted to county commissioners; Requires the director of the division of labor standards and statistics in the department of labor and employment (director) to enforce, interpret, apply, and administer the provisions of the act and, in doing so, to adopt rules, hold hearings, and impose administrative remedies; Authorizes the director or any party of interest to request a district court to enforce orders made pursuant to the act; Sets forth the process by which an employee organization is certified and decertified as the exclusive representative of county employees; Sets forth the process by which an appropriate bargaining unit is determined; and Requires the county and the exclusive representative to collectively bargain in good faith. The act states that the collective bargaining agreement is an agreement negotiated between an exclusive representative and a county, with the approval of the board of county commissioners of the county, that must: Be for a term of at least 12 months and not more than 60 months; and Provide a grievance procedure that culminates in final and binding arbitration. The act prohibits a collective bargaining agreement from: Delaying the prompt interviewing of county employees under investigation; Permitting a county employee to use paid time for a suspension from employment; Permitting the expungement of disciplinary records under certain circumstances; and Imposing limits on the period of time for which a county employee may be disciplined for incidents of violence. The act describes the dispute resolution process that the exclusive representative and a county must follow if an impasse arises during the negotiation of a collective bargaining agreement. The act sets forth the actions taken during the collective bargaining process by a county or an exclusive representative that are unfair labor practices. To implement the act, $326,092 is appropriated from the general fund to the department of labor and employment and from that appropriation, $59,142 is reappropriated to the department of law to provide legal services for the department of labor and employment. (Note: This summary applies to this bill as enacted.)
In 2021, the state received $3,828,761,790 from the federal coronavirus state fiscal recovery fund as part of the federal "American Rescue Plan Act of 2021" (federal funds). The act modifies administrative requirements established by the United States department of the treasury (treasury) related to these federal funds, which were implemented through the "American Rescue Plan Act of 2021" cash fund, by: Establishing deadlines for a subrecipient, which is a person that carries out a program or project on behalf of the state but is not a program or project beneficiary, to expend or obligate this money, and if not, to return this money to the state for the state to either expend or return to treasury, depending on the timing; Requiring the state controller to determine whether money has been obligated; Requiring the state controller to transmit to the treasury any money that was obligated by December 31, 2024, but not expended by December 31, 2026; Requiring the department of revenue to provide the state controller with any information about any increases in the state's net tax revenue, which is necessary for calculating the state's revenue reductions for 2022 and 2023; Clarifying that the compliance, reporting, record-keeping, and program evaluation requirements established by the office of state planning and budgeting and the state controller apply to a person regardless of whether the person is a beneficiary or a subrecipient and regardless of whether the person receives the money directly from a department or from a subrecipient; and Permitting the state controller to report any expenditures to the treasury as a government service to the extent of the reduction in the state's revenue due to the COVID-19 public health emergency relative to the revenues the state collected for the state fiscal year 2018-19. The act substitutes money from the general fund or from a cash fund that included money that originated from the general fund for allocations of the federal funds that were made in 2021, as follows: $29,894,004 from the housing development grant fund; $36.5 million from the highway users tax fund that was distributed to counties, cities, and incorporated towns; $10 million from the Colorado startup loan program fund; and $98.5 million from the affordable housing and home ownership cash fund. The act transfers the following amounts from the economic recovery and relief cash fund: $70 million of federal funds to the "American Rescue Plan Act of 2021" cash fund to be used by the executive branch for any expenditures necessary to respond to the public health emergency with respect to COVID-19; $15 million of federal funds to the affordable housing and home ownership cash fund; $1,437,172 of federal funds to the workers, employers, and workforce centers cash fund; and $10 million that originated from the general fund to the revenue loss restoration cash fund. House Bill 22-1409, concerning additional funding for the community revitalization grant program, required the state treasurer to transfer $20 million from the economic recovery and relief cash fund to the community revitalization fund. The act reduces the transfer to $19,278,042, with $4,478,042 from money in the economic relief cash fund that originated from the general fund and the remainder from money in the affordable housing and home ownership cash fund that originated from the general fund. House Bill 22-1379, concerning transfers from the economic recovery and relief cash fund to provide additional funding for the management of certain natural resources, appropriated $15 million of federal funds from the Colorado water conservation board construction fund to the department of natural resources for use by the Colorado water conservation board. The act expands the allowable uses of this money. (Note: This summary applies to this bill as enacted.)