Sen. Andy Kerr

The bill extends the repeal date of existing laws that limit the amount of permit, plan review, or other fees that counties, municipalities, or the state may charge for installing solar energy devices or systems. The bill also clarifies that the statutory limitations on the amount of fees applies to any related or associated fees, not just to permit or plan review fees. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The bill creates a strategic planning legislative steering committee (steering committee) to lead the statewide effort to establish a vision for education in the state (vision) and create a strategic statewide education plan (strategic plan) to achieve the vision. The bill creates an executive advisory board consisting of representatives from the departments of education and higher education, a co-chair of the early childhood leadership commission, and a representative from the governor's office. The chair and vice-chair of the steering committee will appoint a statewide advisory board consisting of representatives of the pertinent education stakeholder groups from around the state. The steering committee must contract with a nonprofit, nonadvocacy organization to act as facilitator for the steering committee and the advisory boards. The bill describes the duties of the steering committee to be completed, with assistance from the advisory boards and the facilitator, in 4 phases. The duties include: Reviewing and synthesizing input already collected by the departments of education and higher education concerning the state education system; Reviewing research to identify the critical elements of the existing state education system and benchmarking the elements as implemented in Colorado against the elements as implemented in high-performing states and countries; Creating a structure and process for soliciting and synthesizing input from around the state to create the vision and the strategic plan; and After creating the vision and the strategic plan, overseeing the ongoing implementation of the strategic plan, including measuring the state's progress toward achieving the vision, periodically reviewing the vision and strategic plan, and, if necessary, revising the vision and strategic plan. The steering committee must establish the timeline for creating the vision and the strategic plan and for beginning to implement the strategic plan. Beginning November 15, 2017, the steering committee must submit an annual report to the state board of education, the Colorado commission on higher education, the governor, and the education committees of the general assembly summarizing the work it completes each year and recommending legislative and regulatory changes, if necessary. The steering committee and the advisory boards are not subject to sunset review. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Sections 1 through 4 of the bill clarify that the expedited permitting process established for broadband facilities applies to small cell facilities and small cell networks. Section 1 adds language concerning small cell facilities and small cell networks to a legislative declaration. Section 2 adds statutory definitions of 'antenna', 'micro wireless facility', and 'tower' and amends the definitions of 'small cell facility' and 'wireless service facility'. Section 3 requires a local government to process an application for a small cell facility or a small cell network within 90 days after receiving the completed application. Section 4 declares the siting and operation of small cell facilities and small cell networks are a permitted use in any zone and clarifies the approval process for a consolidated application for multiple small cell facilities or small cell networks. Sections 6 and 7 clarify that the rights-of-way access afforded to telecommunications providers for the construction, maintenance, and operation of telecommunications and broadband facilities extends to broadband providers as well as small cell facilities and small cell networks and, in conjunction, section 5 defines 'collocation', 'small cell facility', and 'small cell network'. Section 8 states that if a telecommunications provider or broadband provider complies with applicable law, it has the right to locate or collocate small cell facilities and small cell networks on a local government entity's light poles, light standards, traffic signals, or utility poles in the rights-of-way owned by the local government entity, but prohibits small cell facilities and small cell networks from being placed on structures with tolling collection or enforcement equipment attached. Section 8 also states that, other than a traffic permit for work that affects traffic patterns or causes lane closures, a local government entity shall not require an application, permit, or payment for the placement, maintenance, or replacement of micro wireless facilities suspended on cables that are strung between existing utility poles in compliance with national safety codes. Section 9 adds small cell facilities and small cell networks to the types of facilities for which a telecommunications provider or broadband provider may contract with a private property owner to obtain a right-of-way for the construction, maintenance, and operation of the facility. Section 10 concerns the consent a telecommunications provider or broadband provider must obtain from a political subdivision to erect communications or broadband facilities along, through, in, upon, under, or over a public highway, and adds small cell facilities and small cell networks to the facilities for which the consent is required. Section 10 further provides that a political subdivision shall not create a preference or disadvantage to any telecommunications provider or broadband provider in granting or withholding its consent, and that a decision by a political subdivision denying or limiting the placement of communications or broadband facilities based on the protection of public health, safety, and welfare does not create a preference for or disadvantage a telecommunications provider or broadband provider if the decision does not have the effect of prohibiting the provider from providing service within the service area. Section 11 makes a conforming amendment. Section 12 specifies the amount and type of payment a local government or municipally owned utility may receive from a telecommunications provider, broadband provider, or cable television provider in exchange for granting permission to attach small cell facilities, broadband devices, or telecommunications devices to poles or structures that are in a right-of-way and are owned by the local government or municipally owned utility.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Under current law, a retail liquor store licensee that was licensed on or before January 1, 2016, and is a Colorado resident is permitted to obtain one additional retail liquor store license on or after January 1, 2017; 2 additional retail liquor store licenses on or after January 1, 2022; and 3 additional retail liquor store licenses on or after January 1, 2027. With regard to additional retail liquor store licenses, the premises cannot be located within 1,500 feet of any other licensed retail liquor store in the same licensing jurisdiction or, if within a municipality with a population of not more than 10,000 people, the premises cannot be located within 3,000 feet of any other licensed retail liquor store in the same licensing jurisdiction. Also, in addition to selling malt, vinous, and spirituous liquors, a retail liquor store may sell nonalcohol products, but only if the sales revenues from nonalcohol products do not exceed 20% of the store's total annual gross sales revenues. The bill excludes from the calculation of sales revenues from nonalcohol products revenues from the sale of lottery products, cigarettes, tobacco products, nicotine products, ice, and nonalcohol beverages. With regard to multiple licenses, the bill retains the ability for a retail liquor store licensee that is a Colorado resident to obtain one additional retail liquor store license through July 1, 2017, if the new premises satisfies the distance requirements, and starting July 1, 2017, retains the distance requirements and replaces the current time periods and additional license provisions with a structure that mirrors the tiered structure for liquor-licensed drugstores to obtain additional licenses, as follows: For a retail liquor store licensee licensed as of January 1, 2017, that has been a Colorado resident for at least 2 years or has operated a business in Colorado for at least 10 years, in order to obtain an additional retail liquor store license on or after July 1, 2017, the applicant must apply to transfer ownership of 2 licensed retail liquor store licenses within the same local licensing jurisdiction as the premises for which a new license is sought and merge the 2 licenses into a single retail liquor store license; A retail liquor store that qualifies for additional retail liquor store licenses is eligible to obtain: 4 additional licenses, for a total of 5 retail liquor store licenses, on or after July 1, 2017; 7 additional licenses, for a total of 8 retail liquor store licenses, on or after January 1, 2022; 12 additional licenses, for a total of 13 retail liquor store licenses, on or after January 1, 2027; 19 additional licenses, for a total of 20 retail liquor store licenses, on or after January 1, 2032; and an unlimited number of additional retail liquor store licenses, on or after January 1, 2037. A retail liquor store is prohibited from allowing customers to use a self-checkout to complete an alcohol beverage purchase. A retail liquor store is required to: Verify the age of a customer attempting to purchase an alcohol beverage by examining the customer's valid identification; and Maintain certification as a responsible alcohol beverage vendor. An employee of a retail liquor store who is under 21 years of age cannot deliver or otherwise have contact with alcohol beverages offered for sale on, or sold and removed from, the licensed premises. (Note: This summary applies to this bill as introduced.)

Section 1 of the bill defines 3 classes of electrical assisted bicycle, depending on their top speed and whether the electric motor assists in propulsion only while the rider is pedaling or propels the bicycle independently. Sections 2 and 3 make technical and conforming amendments. Section 4 requires manufacturers to label electrical assisted bicycles as class 1, class 2, or class 3, as appropriate, and prohibits a person from modifying an electrical assisted bicycle without also relabeling it to accurately reflect its classification. Section 4 also requires all electrical assisted bicycles to comply with federal consumer product safety commission (CPSC) requirements and specified classes of electrical assisted bicycles to be equipped with appropriate braking systems and speedometers. Section 5 : Gives local governments the authority to allow or prohibit the use of specified classes of electrical assisted bicycles on pedestrian paths and bike paths; Prohibits a person under the age of 16 from riding a class 3 electrical assisted bicycle except as a passenger; For class 3 electrical assisted bicycles, requires all riders under 18 to wear a helmet certified by the CPSC or the American Society for Testing Materials; and Specifies that noncompliance with the helmet law does not constitute negligence or negligence per se in a lawsuit seeking damages.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

The Colorado 'Procurement Code' (code) governs how executive branch agencies, other than institutions of higher education that have opted out of the code, buy goods and services. The code is administered by the department of personnel (department) and exists to help keep the public trust, promote fair competition, make efficient use of taxpayer dollars, and allow the state to effectively do the people's business. The code has been amended many times over the years, but it has not been reviewed in total since the general assembly enacted it in 1982. General updates (Sections 5, 6, 10, 13, 15, 17 through 20, 22 through 24, 32, and 37). The code is based on the 1979 American bar association model procurement code. When the state adopted the model code, much of the structure and terminology was adopted as drafted by the American bar association rather than conforming the structure and language to the Colorado Revised Statutes. The bill updates the terminology used in the code to make it consistent with common use, simplifies reporting requirements, and reorganizes provisions of the code for ease of use. In addition, the bill clarifies the authority of the executive director of the department to promulgate rules for the administration of the code. Promulgation of rules (Sections 9, 29, 33, 35, and 59). The executive director of the department is currently required to promulgate rules in furtherance of the code. The bill makes promulgation of rules by the executive director of the department (executive director) permissive throughout the code and authorizes the director to delegate his or her authority to promulgate rules. Ethics (Sections 2 and 4). State procurement professionals follow the 'Procurement Code of Ethics and Guidelines' (guidelines), which were established by the Colorado procurement advisory council. The guidelines are often interpreted to apply only to procurement staff and not to other people involved in the procurement process. The bill clarifies that state procurement officials, end users, vendors and contractors, and interested third parties are required to adhere to ethical standards during all phases of the procurement process. Procurement training (Section 4). The bill authorizes the chief procurement officer to develop and conduct a procurement education and training program for state employees and for vendors. Application of the code (Section 3). Certain purchasing activities are currently exempt from the code, such as bridge and highway construction, the awarding of grants to political subdivisions, and procurement by institutions of higher education that have formally opted out of the code. The bill exempts the procurement of specified additional goods and services from the code. Grants (Sections 3 and 6). Currently, the application, processing, and management of grants is inconsistent across state agencies. The bill amends the definition of 'grant' to provide consistency and to comply with federal requirements including the office of management and budget uniform guidance. Multiyear contracts (Section 38). Currently, the state may enter into a contract for any period as long as the contract term is included in the solicitation. If a contract term ultimately needs to exceed the period specified in the solicitation, the contract cannot be extended and a new contract is required. The bill authorizes the state to extend an existing contract, with approval of the chief procurement officer, for a reasonable period if extenuating circumstances exist. Contract management system (Section 38). The centralized contract management system and related requirements for contract provisions, monitoring, and reporting were established for the purpose of improving the state's contracting process. The bill repeals provisions related to contract monitoring and reporting and allows for remedies, including suspension or debarment, for contractors who do not perform. Contract terms and conditions (Section 39). The process to negotiate vendor terms and conditions sometimes requires the state to agree to a requirement that the state indemnify the vendor and that the contract be governed by the vendor's choice of law rather than Colorado law. However, indemnification is in violation of the state constitution. The bill prohibits indemnification of vendors by the state and requires that state contracts be governed by Colorado law. Market research (Section 15). A request for information (RFI) is a commonly used method for obtaining information about pending procurements and doing market research. Currently, RFIs are referenced in the procurement rules but not in the code. The bill establishes an RFI process in the code as a market assessment and information gathering tool and clarifies the appropriate methods to conduct market research. Administrative remedies (Section 40 through 51). The bill clarifies the administrative remedies provisions in the code and provides guidance regarding the remedies process. Specifically, the bill clarifies who may ratify a violation of the code, specifies when a stay will apply, authorizes the executive director to refer an appeal to the office of administrative courts, and states that only material issues may be appealed. Confidentiality and CORA (Sections 7 and 21). Pursuant to current law, procurement records are public records, with some exceptions under the 'Colorado Open Records Act'. Procurement records, including bids and responses to RFIs, often contain information that is proprietary or confidential by the submitting entity. The bill clarifies that all responses to RFIs are confidential until after an award based on the RFI has been made or until the procurement official determines that the state will not pursue a solicitation based on the RFI. The bill also authorizes the executive director of the department to promulgate rules to clarify the process for classifying confidential or proprietary information. Procurement set asides, preferences, and goals (Sections 25 through 28). Current law allows a set aside in state procurement for persons with severe disabilities. The bill streamlines the process by which state agencies and nonprofit agencies that employ people with severe disabilities may use the set aside program and authorizes the executive director to promulgate rules for the administration of the program. In addition, current law contains many procurement preferences and goals; however, these preferences and goals are located in various provisions of the code and in other provisions of the Colorado Revised Statutes. The various locations of these provisions, as well as inconsistent terminology in the preference and goal provisions, make it difficult for vendors and procurement officials to know how each preference and goal should be applied. The bill relocates currently existing procurement preferences and goals into a new part and makes the language of those provisions consistent where possible. Cooperative purchasing (Section 52). Cooperative purchasing is procurement conducted by, with, or on behalf of more than one public procurement entity. It increases the opportunity for the state and local governments to obtain volume discounts through joint purchasing and it lowers the transaction costs of both purchasing agencies and vendors. The bill provides state agencies with more flexibility to use cooperative purchasing to increase efficiencies and maximize state resources. Conforming amendments (Sections 1, 8, 11, 13, 20, 30, 31, 34, 36, 53 through 58, and 60 through 75). The bill makes necessary conforming amendments.(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Under the existing tuition assistance program for students enrolled in career and technical education certificate programs (certificate programs), students enrolled in certificate programs may qualify for tuition assistance if they meet the income eligibility requirements for the federal Pell grant program but the certificate program does not meet the Pell grant minimum credit hour requirements. Under the bill, the tuition assistance program is available to students who are enrolled in certificate programs that do not meet the minimum credit hour requirements for the federal Pell grant program and who meet an income eligibility standard set by the Colorado commission on higher education. The bill clarifies that tuition assistance means money a student may use to pay for tuition, fees, and course materials. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Statutory Revision Committee. Pursuant to section 24-1-136 (11)(a)(I), Colorado Revised Statutes, any report that is required to be made to the general assembly by an executive agency or the judicial branch on a periodic basis expires on the day after the third anniversary of the date on which the first report was due unless the general assembly, acting by bill, continues the requirement. The bill addresses reporting requirements of the department of public health and environment. Sections 1, 6, 7, 8, 12, and 15 of the bill continue indefinitely the reporting requirements contained in those statutory sections. Sections 2 to 5, 9, 10, 11, and 13 repeal reports that are or were scheduled to repeal according to section 24-1-136 (11)(a)(I). Currently there are no repeal dates listed in the organic statute. Section 14 adds a repeal date in the organic statute that coincides with the scheduled repeal date specified in section 24-1-136 (11)(a)(I). (Note: This summary applies to this bill as introduced.)