The length of the bill summary for this bill requires it to be published on a separate page here: https://leg.colorado.gov/hb24-1447-bill-summary (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
Section 1 of the bill defines a "repeat violator" as a person that, in a 3-year period, has committed 5 or more violations of certain air quality laws (repeat violator). Section 1 also defines a "high-priority repeat violator" as a repeat violator that, in a 3-year period, has committed 5 or more exceedances (emission exceedance) of the allowable emissions of an air pollutant in a permit (high-priority repeat violator). Section 2 requires the division of administration in the department of public health and environment (division), in the case of a violation by a repeat violator, to issue an order of compliance (order) for the violation instead of issuing a warning letter or compliance advisory or taking another informal action. The order must assess civil penalties and, in the case of a high-priority repeat violator, must require the high-priority repeat violator to conduct and submit to the division a root cause analysis for the violation, which must be submitted to the division within 90 days after the order. In connection with an order and in the case of a high-priority repeat violator, the division must require a reduction in emissions of any air pollutant applicable to an emission exceedance from any emission unit where a violation occurred in accordance with certain standards. Section 2 also clarifies that the division may assess civil penalties for air quality violations without instituting an action in district court. Section 2 also allows a person, with respect to air quality laws, to commence a civil action (action) against an alleged violator. A person shall not commence an action until at least 60 days after a notice has been provided to the executive director of the department of public health and environment, the director of the division, and the alleged violator. Except for violations of an ongoing or recurring nature, any action that is not commenced within 5 years after the discovery of the alleged violation is time barred. Section 2 also requires the division, on or before February 1, 2025, and on or before each February 1 thereafter, to prepare and post on the division's website an air quality enforcement report, which must contain certain air quality enforcement information from the previous calendar year. Section 3 requires that: In the case of a repeat violator, the division or a district court assess a civil penalty that is at least 50% of the maximum civil penalty applicable to the violation under applicable state air quality laws; and In the case of a violation by a repeat violator in a disproportionately impacted community, the division or a district court assess a civil penalty that is at least 75% of the maximum civil penalty applicable to the violation under applicable state air quality laws. On or before December 31, 2024, section 4 requires owners and operators of stationary sources to submit any reports or records that the owner or operator is required to create, maintain, or submit pursuant to federal or state law. The division must make any reports or records received available on the division's website within 30 days after receipt. Current law provides that a person that violates a local government's air quality regulations is subject to a maximum civil penalty of $300. Section 5 raises the maximum civil penalty to the amount provided by state air quality laws. Section 6 requires a district court, in a suit against a person that has violated a state law related to energy and carbon management, to award the initial complaining party any costs of litigation incurred by the initial complaining party if the court determines that the award is appropriate. Current law exempts damage awards from the state constitutional definition of "fiscal year spending", which counts toward the state's annual spending limit pursuant to state constitutional law. Section 7 adds civil penalties assessed by a state agency to the statutory definition of "damage awards".(Note: This summary applies to this bill as introduced.)
The bill creates the electric vehicle enterprise (enterprise) in the department of labor and employment (department). The business purpose of the enterprise is to synchronize electric vehicle charging protocols to create consistency and transparency for electric vehicle charging consumers. The enterprise constitutes an enterprise for purposes of section 20 of article X of the state constitution so long as it retains the authority to issue revenue bonds and receives less than 10% of its total annual revenue in grants from all Colorado state and local governments combined. So long as it constitutes an enterprise, the enterprise is not subject to section 20 of article X of the state constitution. The bill establishes a board of directors for the enterprise, including the board's membership, powers, and duties. The bill authorizes the enterprise to impose and collect a fee beginning July 1, 2025, to be paid by each electric vehicle charging station retailer based on the total number of retail electric vehicle charging stations operated by the retailer and the total number of power supply devices used at such stations. The bill creates the electric vehicle enterprise special revenue fund (fund) and continuously appropriates money in the fund to the enterprise to accomplish its duties. The bill requires the state treasurer, on July 1, 2024, to transfer $264,000 from the general fund to the fund and, on July 1, 2025, to transfer $160,000 from the general fund to the fund for the purpose of defraying expenses incurred by the enterprise before it receives fee revenue or revenue bond proceeds. The money is transferred as a loan to the enterprise, to be paid in full not later than December 31, 2028, with interest. The bill requires the enterprise, in consultation with the Colorado energy office and the division of oil and public safety within the department, to promulgate rules establishing minimum standards related to specifications and tolerances for retail electric vehicle charging equipment and methods of retail sale at publicly accessible electric vehicle charging stations to promote equity in the marketplace. The department must begin enforcing the rules on July 1, 2025, for all electric vehicle charging stations installed before, on, or after July 1, 2025. For the purposes of existing laws concerning fuel products, the bill amends the definitions of the terms "fuel products" and "motor fuel" to include electricity when used to fuel electric vehicles. (Note: This summary applies to this bill as introduced.)
The act requires school personnel to address a student by the student's chosen name and to use the student's chosen name in school and during extracurricular activities. The act deems it discriminatory to knowingly or intentionally use a name other than the student's chosen name or knowingly or intentionally avoiding or refusing to use a student's chosen name, unless done at the request of the student. The act allows a student who is subject to discrimination as a result of a failure or refusal to address the student by the student's chosen name to file a report with the school or a federal civil rights complaint. The act requires a school to implement a written policy outlining how the school will honor a student's request to use a chosen name. APPROVED by Governor April 29, 2024 EFFECTIVE April 29, 2024(Note: This summary applies to this bill as enacted.)
The act increases the monetary cost cap at or below which the department of transportation (department) may undertake public projects outside of a competitive bidding process (project cost cap) from $250,000 to $300,000. The department may thereafter annually adjust the project cost cap for inflation, defined as the annual percentage change in the United States department of transportation and federal highway administration's national highway construction cost index or a successor index, and may round the adjusted amount upward to the nearest $5,000. The department must publish this adjusted project cost cap on its website. The act also requires the department to report annually on highway maintenance projects that it completes that cost no more than the project cost cap, including reporting on efficiencies achieved by increasing the project cost cap. APPROVED by Governor April 19, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
The act specifies that a judgment for a debt for overpayment of paid family and medical leave benefits is eligible to be assigned, released, or commuted and is not exempt from claims of creditors or from levy, execution, and attachment or other remedy or recovery or collection of a debt. The act adds family and medical leave benefits to the list of exceptions for which workers' compensation benefits may be assigned, levied, or attached. The act also allows the division of family and medical leave insurance (division) in the department of labor and employment to obtain reimbursement from a workers' compensation insurer if an employee received both family and medical leave benefits and temporary indemnity benefits for the same absence and allows the insurer to offset benefits in the amount reimbursed. The division may access records regarding compensability and benefit payments of workers' compensation claims for the purpose of coordinating family and medical leave benefits. The department of revenue may provide the division with tax information and may enter into an agreement with the division providing for payment of the costs related to supplying the information and providing for periodic updating of the information supplied. APPROVED by Governor April 11, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)
The bill requires the general assembly, the secretary of state, and each political party to ensure that the caucus process or any future alternative process by which candidates may access the ballot that is accessible to persons with disabilities remains an option in the state. The bill specifies that the petition process is not a means of ballot access that is accessible to persons with disabilities. In addition, the bill requires that, within 6 months of the effective date of the bill, any person, upon request, must be able to participate in a precinct caucus or a party assembly with the use of a video conferencing platform that is accessible to persons with disabilities unless the precinct caucus or party assembly is held in a geographic location that lacks broadband internet service. When a precinct caucus or party assembly occurs in a geographic location that lacks broadband internet service, participation must be allowed by an alternative means such as a telephone conference. Any alternative means used by a political party must be accessible to persons with disabilities. The failure of a political party to make a reasonable effort to comply with the requirements in the bill constitutes discrimination on the basis of disability in violation of current law. Action taken pursuant to the bill does not limit or preclude any other available legal remedy. (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.)
Colorado Youth Advisory Council Review Committee. The bill requires the department of public health and environment (department) to conduct or cause to be conducted a gender-affirming health-care provider study (study). The study must determine: The number of gender-affirming health-care providers and facilities in each region, without disclosing identities of providers; The resources available to gender-affirming health-care providers and facilities in the state; Threats to gender-affirming health-care providers; The number of patients seeking gender-affirming health-care services in each region, including the ratio of patients to providers in each region, without disclosing identities of patients or providers; The types of gender-affirming health-care services that patients seek; The prevalence and impact of nonprescribed treatments; and The availability of insurance coverage for different types of treatment. The bill requires the department and any third party that the department contracts with to conduct the study to seek input from specified persons. The department is required to submit a report on or before December 31, 2026, including its findings and recommendations, to specified committees of the general assembly. (Note: This summary applies to this bill as introduced.)
