The act defines "harassment or discrimination" as unwelcome physical or verbal conduct or any written, pictorial, or visual communication by a student or employee that is directed at a student or group of students because of that student's or group's membership in, or perceived membership in, a protected class. The conduct or communication need not be severe or pervasive under specified circumstances. Whether conduct constitutes harassment or discrimination is judged under the totality of the circumstances. The act requires a public school that enrolls students in any of grades kindergarten through 12 (public school) to accept formal reports of harassment or discrimination in writing or in person; by phone, e-mail, or online form. A report received by a public school that alleges harassment or discrimination is confidential. The act requires a public school to: Post notices describing how a student can report harassment or discrimination to the school; Grant an excused absence to a student for certain out-of-school appointments related to the student experiencing harassment or discrimination; and Provide accommodations and supportive measures to a student experiencing harassment or discrimination. Each school district, charter school, or board of cooperative services (local education provider) shall adopt procedures for investigating reports of harassment or discrimination. A local education provider shall retain the records of a harassment or discrimination report for 7 years. Each local education provider shall adopt a written policy (policy) that protects students experiencing harassment or discrimination. The policy must include the following: Information on reporting options for students, including contact information for the person designated to receive reports; An explanation of the school's role in responding to reports of harassment or discrimination; Information about resources for victims of violence; A prohibition on a school using a student report of harassment or discrimination or information learned during an investigation as the basis for, or a consideration in, investigating or exacting any disciplinary response for specified school violations by the student related to the harassment or discrimination; and Information about available accommodations and supportive measures. A public school shall make the policy available annually to students, students' parents and legal guardians, and employees. The act requires a public school to provide training to school staff about harassment and discrimination, including training about the school's policy. Each new employee of a public school must complete training upon hiring, and every 3 years thereafter. Public schools of a school district must report information about harassment or discrimination to school districts, who report that information to the department of education (department). An institute charter school reports the information to the state charter school institute, who reports the information to the department. The department reports the information to the sexual misconduct advisory committee in the department of higher education. A complaint of harassment or discrimination that is unsubstantiated, and all records related to the unsubstantiated complaint, is not a public record subject to disclosure pursuant to the "Colorado Open Records Act" and must not serve as a basis for discipline, dismissal, termination, or any employment reference or licensing action unless the conduct establishes of pattern of the same or similar behavior. The act exempts from the existing school attendance requirement excused absences for a therapy, medical, legal, or victim services appointment, or for behavioral or mental health concerns, related to harassment or discrimination. APPROVED by Governor June 6, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
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The act allows a local government to provide temporary property tax relief through temporary property tax credits or mill levy reductions and later eliminate the credits or restore the mill levy. A temporary reduction in property taxes must be annually renewed by the local government. A school district may not temporarily reduce its mill levy below an existing statutory minimum mill levy amount. APPROVED by Governor June 5, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
For health benefit plans issued or renewed on or after January 1, 2025, the act requires a health insurer or pharmacy benefit manager to include in the calculation of a covered person's contributions toward cost-sharing requirements, including any annual limitation on a covered person's out-of-pocket costs, any payments made by or on behalf of the covered person for a prescription drug if: The prescription drug does not have a generic equivalent or, for a biological product, a biosimilar drug or interchangeable biological product; or The prescription drug has a generic equivalent, a biosimilar drug, or an interchangeable biological product, but the covered person is using the brand-name drug after obtaining prior authorization, complying with a step-therapy protocol, or otherwise receiving approval from the carrier or pharmacy benefit manager if those utilization management processes are not otherwise prohibited by law. The commissioner of insurance is authorized to adopt rules necessary to implement the act. The act applies to health benefit plans issued or renewed on or after January 1, 2025. APPROVED by Governor June 5, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
The act expands the methods by which the state, a county, a city and county, or a municipality (jurisdiction) may deliver a notice of violation when a traffic violation is detected through the use of an automated vehicle identification system (system) to include not just personal service, but also first-class mail and mail delivery services that are equivalent to or superior to first-class mail with respect to delivery speed, reliability, and price. The act changes the deadline by which a jurisdiction is required to issue and send by mail, personal service, or other delivery service a notice of violation when a traffic violation is detected through the use of a system from 90 days after the violation to: 30 days after the violation if the motor vehicle involved is registered in the state; or 60 days after the violation if the motor vehicle involved is registered outside of the state. The act specifies the information required in a notice of violation and a civil penalty assessment notice. If the registered owner of the vehicle (owner) fails to request a hearing to dispute the alleged violation or fails to pay the civil penalty in full by the deadline stated in the notice, the owner waives the right to contest the violation or amount of the penalty, and the jurisdiction is required to enter a final order of liability against the owner. Any appeal of a final order must be brought in the county court in the county where the alleged violation occurred or the municipal court in the municipality where the alleged violation occurred. The act also stipulates that a jurisdiction may not initiate or pursue a collection action against an owner unless the owner is personally served the notice of violation or the final order of liability. The act requires a jurisdiction implementing a new system after July 1, 2023, to: Announce the implementation of the system through its website for at least 30 days prior to the use of the system; and Issue only warnings for traffic violations detected by the system for the first 30 days after the system is installed or deployed. Current law prohibits a jurisdiction from enforcing a penalty for a violation that is detected using a system unless the violation occurred within a school zone; within a residential neighborhood; within a maintenance, construction, or repair zone; or along a street that borders a municipal park. The act expands this list to include an automated vehicle identification corridor (corridor). A county or municipality may designate all or a portion of a street as a corridor within which the county or municipality may locate a system to detect traffic violations under specified circumstances. Before a county or municipality creates a corridor, it must: Post a permanent sign in a conspicuous place not fewer than 300 feet before the beginning of the corridor and a permanent sign not fewer than 300 feet before each camera within the corridor thereafter or a temporary sign not fewer than 300 feet before any mobile camera; Illustrate, through data collected within the past 5 years, incidents of crashes, speeding, reckless driving, or community complaints on a street designated as a corridor; and Coordinate between the local jurisdiction, the department of transportation, and the Colorado state patrol. If a municipality implements a corridor, it must publish a report on its website disclosing the number of citations and revenue generated by the corridor. The act authorizes the state to locate a system on a highway that is a part of the federal interstate highway system but prohibits a county, a city and county, or a municipality from locating a system or creating a corridor on any highway that is a part of the federal interstate highway system. The act prevents a jurisdiction from requiring an owner disclose the identity of a driver of the vehicle who is detected through the use of a system. However, the owner may be required to submit evidence that the owner was not the driver at the time of the alleged violation. The act permits a jurisdiction to compensate a manufacturer or vendor of system equipment for the value of services provided, in addition to compensating for the value of the system equipment as permitted under current law. The act imposes restrictions on when photographs may be taken by a system and on access to and use of photographs, video, and personally identifiable data created by systems and requires photographs and videos to be destroyed after a specified period, with certain exceptions. The act states that the provisions of current law, as amended by the act, do not apply to the use of systems for the purpose of collecting tolls, fees, or civil penalties on toll highways. APPROVED by Governor June 5, 2023 PORTIONS EFFECTIVE June 5, 2023 PORTIONS EFFECTIVE June 1, 2024 (Note: This summary applies to this bill as enacted.)
Current law requires that certain entities submit a plan (clean energy plan) to the division of administration (division) in the department of public health and environment (department) and the public utilities commission (PUC) to reduce the entity's greenhouse gas emissions associated with the entity's electricity sales and to achieve at least an 80% reduction in greenhouse gas emissions caused by the entity's Colorado retail electricity sales by 2030 relative to 2005 levels (2030 clean energy target). In addition to meeting the 2030 clean energy target, the act requires that any clean energy plan submitted to the division on or after January 1, 2024, achieve at least a 46% reduction in greenhouse gas emissions caused by the entity's Colorado electricity sales by 2027 relative to 2005 levels if the achievement of the 46% reduction in greenhouse gas emissions will maintain reliability and result in an incremental average annual cost of no more than 2.5% of the entity's system costs (new clean energy plan requirements). As part of any electric resource plan developed, finalized, or submitted on or after July 1, 2023, any entity that submits a clean energy plan to the division before January 1, 2024, is required to model: At least one portfolio that achieves the 2030 clean energy target; and At least one portfolio that achieves greater greenhouse gas emissions reductions than the reductions that the clean energy plan submitted before January 1, 2024, is projected to achieve by 2027 and the 2030 clean energy target. The act also requires any entity that submits a clean energy plan to the division on or after July 1, 2023, to base the entity's 2005 baseline greenhouse gas emissions, estimated 2027 greenhouse gas emissions, and estimated 2030 greenhouse gas emissions on: The greenhouse gas emissions from each resource that is used to supply electricity to the entity's retail electricity customers; and The greenhouse gas emissions from each resource that generates electricity and that is owned by the entity if the applicable greenhouse gas emissions are not otherwise required to be included in another entity's clean energy plan. The act also requires the division to independently confirm or calculate the data it uses in verifying a clean energy plan submitted to the division on or after July 1, 2023, and allow the public to access and provide comments about the data prior to the verification of a clean energy plan. No later than June 1, 2028, the division, for each entity that is required to submit a clean energy plan and does not have its electric resource planning process regulated by the PUC, must: Calculate the percentage of reduction in greenhouse gas emissions achieved by December 31, 2027, relative to 2005 levels; and Determine whether each entity has obtained all of the resources necessary to achieve the 2030 clean energy target. If the division determines that an entity has not obtained all of the resources necessary to achieve the 2030 clean energy target, no later than December 31, 2028, the entity must submit a report to the division identifying the resources that it has procured to achieve the 2030 clean energy target (report). If the entity does not submit the report on or before December 31, 2028, or if the division determines from the report that an entity has not obtained all of the resources necessary to achieve the 2030 clean energy target, the air quality control commission (AQCC) shall adopt rules that limit the greenhouse gas emissions by the entity to ensure that the entity achieves the 2030 clean energy target and the division shall amend any of the entity's operating permits for sources of greenhouse gas emissions to ensure that the entity achieves the 2030 clean energy target. The act also requires: If a utility's Colorado electricity sales between January 1, 2022, and December 31, 2022, are equal to or greater than 300,000 megawatt-hours, the utility to submit a clean energy plan to the division; and The owner of an electric generating unit that has a nameplate capacity equal to or larger than 50 megawatts and emits greenhouse gases directly into the atmosphere to submit a clean energy plan to the division that covers all greenhouse gas emissions from the unit that are not otherwise required to be included in the clean energy plan of another entity. Any entity required to submit a clean energy plan to the division may designate another entity to submit a clean energy plan on its behalf or submit a joint clean energy plan with another entity. No later than October 1, 2024, the division shall submit a report to the general assembly that includes certain data regarding which electric utilities have submitted clean energy plans to the division and the electricity generation resources that are responsible for greenhouse gas emissions in the state. No later than December 31, 2024, the division shall issue guidance specifying the manner in which the division will track and account for greenhouse gas emissions associated with electric utility transactions in organized markets. No later than March 31, 2026, any entity that is required to submit a clean energy plan may inform the division in writing of any challenges that the entity is encountering in achieving the 2030 clean energy target (challenges). If an entity informs the division of any challenges, the division and the Colorado energy office must hold at least one stakeholder meeting in 2026 to discuss the challenges. If the entity informs the division that the entity is still encountering challenges after the stakeholder meeting, no later than December 31, 2026, the division shall report the challenges to the general assembly. The act defines "cooperative retail electric utility" as a retail electric utility that has: Indicated an intent to submit or, on or after December 1, 2020, has submitted a clean energy plan; and Provided a non-conditional notice that it is withdrawing from a wholesale generation and transmission cooperative after January 1, 2021, or enters into a partial requirements contract with a wholesale generation and transmission cooperative to obtain more than 5% of its firm capacity supply from a greenhouse-gas-emitting generation source other than the cooperative retail electric utility's wholesale generation and transmission cooperative (cooperative retail electric utility) provider. A cooperative retail electric utility must submit a clean energy plan to the division no later than 24 months after ceasing to be a member of a wholesale generation and transmission cooperative or after the date that a partial requirements contract begins. The division shall verify, in consultation with the PUC, that the cooperative retail electric utility meets the new clean energy plan requirements and the 2030 clean energy target. Upon the request of the cooperative retail electric utility, certain entities must provide any emissions data in their possession that is necessary for the cooperative retail electric utility to develop and submit a clean energy plan to the division. The act also defines "wholesale power marketer" as an entity operating in the state that supplies wholesale capacity or energy to a retail electric utility located in the state and that supplies 300,000 megawatt-hours or more of electricity to entities in the state annually (wholesale power marketer). A wholesale power marketer must submit a clean energy plan with the division if, on or after July 1, 2023: The wholesale power marketer sells, provides, arranges for, or contracts for the delivery of capacity or energy to a retail electric utility in the state; and The greenhouse gas emissions associated with the retail electric utility's operations are not otherwise required to be included in another entity's clean energy plan. The division must verify, in consultation with the PUC, that any clean energy plan submitted by a wholesale power marketer meets the new clean energy plan requirements and the 2030 clean energy target. A wholesale power marketer that supplies electricity to any entity must, upon request of the entity, provide any emissions data in its possession that is necessary for the entity to develop and submit a clean energy plan to the division. The act also defines "new electric utility" as any new electric utility that is incorporated, created, or otherwise formed on or after July 1, 2023, that: Serves retail customers in the state; and Sells 300,000 megawatt-hours or more of electricity in its first year of operation (new electric utility). A new electric utility must submit a clean energy plan to the division no later than 2 years after being incorporated, created, or otherwise formed. If a new electric utility does not submit a clean energy plan to the division within this time, the AQCC shall adopt rules to reduce the greenhouse gas emissions by the new electric utility to ensure that the new electric utility meets the new clean energy plan requirements and the 2030 clean energy target. For the 2023-24 state fiscal year, the act appropriates $276,384 from the general fund to the department for the following uses: $189,420 for use by the air pollution control division for personal services related to stationary sources; $23,520 for use by the air pollution control division for operating expenses related to stationary sources; and $63,444 for legal services. APPROVED by Governor June 5, 2023 EFFECTIVE June 5, 2023 (Note: This summary applies to this bill as enacted.)
Current law prohibits a written rental agreement from including: An unreasonable liquidated damages clause that assigns a cost to a party stemming from an eviction notice or an eviction action for a violation of the rental agreement; or A one-way, fee-shifting clause that awards attorney fees and court costs only to one party. Any fee-shifting clause in a rental agreement must award attorney fees to the prevailing party in a court dispute. The act amends these prohibitions so that: A written rental agreement must not include any clause that assigns a penalty to a party stemming from an eviction notice or an eviction action that results from a violation of the rental agreement; and Any fee-shifting clause in a rental agreement must award attorney fees to the prevailing party only following a determination that the party prevailed and the fee is reasonable. With certain exceptions, the act also prohibits a written rental agreement from including: A waiver of the right to a jury trial; the ability to pursue, bring, join, litigate, or support certain class or collective claims or actions; the implied covenant of good faith and fair dealing; or the implied covenant of quiet enjoyment; A provision that purports to affix any fee, damages, or penalty for a tenant's failure to provide notice of nonrenewal of a rental agreement prior to the end of the rental agreement; A provision that characterizes any amount or fee set forth in the rental agreement, with the sole exception of the set monthly payment for occupancy of the premises, as "rent" for which all remedies to collect rent, including eviction, are available; A provision that requires a tenant to pay a fee markup or for a service for which the landlord is billed by a third party; or A provision that purports to allow a provider operating under any local, state, or federal voucher or subsidy program to commence or pursue an action for possession based solely on the nonpayment of utilities. The act specifies that some of the new prohibitions do not apply to a rental agreement concerning the occupancy of a mobile home in a mobile home park or to a duplex or triplex or to an accessory dwelling unit of a residential premises if: The owner of the duplex, triplex, or residential premises uses the residential premises or at least one of the units of the duplex or triplex, as applicable, as the owner's primary residence; or The owner's primary residence is on the same lot as the duplex, triplex, or residential premises. APPROVED by Governor June 5, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
The act requires a contract to sell residential real estate to contain, and a landlord of residential real estate to provide to prospective tenants, in writing: A warning statement about the dangers of radon and the need for testing; Any knowledge the seller or landlord has of the residential real property's radon concentrations and history, including tests performed, reports written, and mitigation conducted; and The most recent brochure published by the department of public health and environment that provides advice about radon in real estate transactions. If a landlord fails to provide the written disclosures or fails to mitigate an elevated radon level, the tenant may void the lease in accordance with the statutes governing the implied warranty of habitability; except that after January 1, 2026, the tenant may void the lease only if the lease is greater than one year in duration. The real estate commission is required to promulgate rules requiring that these warnings and disclosures are made in real estate transactions that use a broker. Colorado law requires a radon professional to be licensed. The act exempts a tenant from needing a license when the tenant is testing the property leased by the tenant. APPROVED by Governor June 5, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
The act allows an employee to use accrued paid sick leave when the employee needs to: Care for a family member whose school or place of care has been closed due to inclement weather, loss of power, loss of heating, loss of water, or any other unexpected occurrence or event that results in the closure of the family member's school or place of care; Grieve, attend funeral services or a memorial, or deal with financial and legal matters that arise after the death of a family member; or Evacuate the employee's place of residence due to inclement weather, loss of power, loss of heating, loss of water, or any other unexpected occurrence or event that results in the need to evacuate the employee's residence. To implement the act, $74,927 is appropriated from the general fund to the department of labor employment for use by the division of labor standards and statistics. APPROVED by Governor June 2, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.(Note: This summary applies to this bill as enacted.)
The act requires the Colorado oil and gas conservation commission (commission) and the water quality control division (division) in the department of public health and environment, in consultation with local governments, to perform a study that: Identifies best management practices for capturing methane seepage in the Raton basin; Evaluates the quality of water resulting from such methane capture operations; and Evaluates the potential to preserve and make beneficial use of such water. The primary objectives of the study are to: Proactively and systematically locate and survey methane gas seepage in the Raton basin; Document previous areas of seepage; Calculate any differences in seepage amounts; and Assess the potential for methane to create hazardous conditions. The study must include: A survey to identify suspected seepage areas, previous seepage areas, and increases or decreases in seepage; Detailed mapping of suspected seepage areas; Sampling and analysis of gas collected from selected seepage areas; and Sampling and analysis of water from selected water wells and methane capture wells in the Raton basin. In performing the study, the commission and the division shall coordinate with: The Colorado energy office; The division of water resources in the department of natural resources; The division of mining, reclamation, and safety in the department of natural resources; The division of parks and wildlife created in the department of natural resources; and The boards of county commissioners in Las Animas and Huerfano counties. The commission must complete the study and submit it to legislative committees of reference by June 30, 2025. For the 2023-2024 state fiscal year, the act appropriates $558,500 from the oil and gas conservation and environmental response fund to the department of natural resources, for use by the commission, and $85,361 from the general fund to the department of public health and environment. APPROVED by Governor June 2, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
The act defines "family time," changes the term "visitation" to "family time" in various places in statute, creates new requirements for dependency and neglect court proceedings, and requires the task force on high-quality family time (task force) to commission and evaluate a state study on family time. On and after January 1, 2024, the act: Requires county departments of human or social services (county departments) to encourage maximum family time; Allows the court and the state department of human services (department) to rely on community resources, foster parents, or relatives to provide transportation or supervision for family time; Creates a presumption that supervised family time is supervised by relatives, kin, foster parents, or other supports (supports) and occurs in the community. This presumption can be rebutted if the health or safety of the child is at risk or if these supports are unavailable or unwilling to provide supervision. Limits the court's ability to restrict or deny family time to situations in which the child's safety or mental, physical, or emotional health is at risk; Requires the court to order family time in the least restrictive setting; Requires county departments to provide information to the court about proposed family time and participation in family time; Prohibits the court or county departments from limiting family time as a sanction for a parent's failure to comply with court-ordered treatment plans so long as the child's safety or mental, physical, or emotional health is not at risk; Prohibits the court, county departments, parents, or supports from limiting family time as a sanction for the child's behavior or as an incentive to improve the child's behavior; Requires the court and county departments to consider parents' and childrens' preferences when determining supervision, location, and timing of family time; States that a person's inclusion in family time does not confer rights not otherwise granted by law; and Gives the state board of human services the authority to promulgate rules to implement the provisions. The act appropriates $142,000 from the general fund to the judicial department for use by the office of the respondent parents' counsel for personal services and $13,879 from the general fund to the department for use by the division of child welfare for Colorado TRAILS. The act also anticipates an appropriation of $7,473 in federal funds for use by the division of child welfare. APPROVED by Governor June 1, 2023 PORTIONS EFFECTIVE June 1, 2023 PORTIONS EFFECTIVE January 1, 2024 (Note: This summary applies to this bill as enacted.)