Current law establishes water and energy efficiency standards (standards) for certain appliances and fixtures sold in Colorado. Sections 1 through 7 of the act expand the appliances and fixtures that are subject to the standards and update the standards. Specifically, section 4 updates standards for certain new appliances and fixtures that are sold, leased, or rented in Colorado on and after certain dates, including: Showerheads, urinals, water closets, and certain faucets; Certain lamps; Commercial hot food holding cabinets; Portable electric spas; Residential ventilating fans; and Spray sprinkler bodies. Section 4 also creates new standards for certain new appliances and other fixtures that are sold or leased in Colorado on and after January 1, 2026, including: Air purifiers; Commercial ovens; Electric storage water heaters; Electric vehicle supply equipment; Gas fireplaces; Irrigation controllers; Tub spout diverters and showerhead tub spout diverter combinations; Certain residential windows, residential doors, and residential skylights; and Thermostats. Section 4 also removes standards for air compressors, general service lamps, and uninterruptible power supplies. Section 5 requires the executive director (executive director) of the department of public health and environment (department) to promulgate rules on or before January 1, 2026, and every 5 years thereafter establishing standards for appliances and other devices that are not subject to the standards if certain conditions are met. Section 6 exempts manufacturers of products subject to the standards from having to demonstrate that a product complies with the law if the product appears in the state appliance standards database maintained by the Northeast Energy Efficiency Partnerships or a successor organization. Section 6 also requires the executive director to verify major retailers' and distributors' compliance with the standards through online spot-checks, coordination with other states that have similar standards, or both. The executive director must deliver a report to the legislative committees of reference concerning the method and findings of the verifications, post the report on the department's website, and report any findings of violations to the attorney general. Under current law, any person who sells or offers to sell in the state any new consumer product that is required to meet an efficiency standard but that the person knows does not meet that standard is subject to a civil penalty of not more than $2,000 for each violation, which amount is credited to the general fund. Section 7 credits any penalties imposed to the energy fund created in the Colorado energy office rather than to the general fund and specifies that each transaction or online for-sale product listing constitutes a separate violation. Section 8 establishes the "Clean Lighting Act" to phase out the sale of general-purpose fluorescent light bulbs that contain mercury. With certain exceptions, on and after January 1, 2025, a person shall not manufacture, distribute, sell, or offer for sale in Colorado any linear florescent lamp or compact fluorescent lamp. Section 9 establishes standards for heating and water heating appliances. With certain exceptions, on and after January 1, 2026, a person shall not manufacture, distribute, sell, offer for sale, lease, or offer for lease in Colorado any new water heater or fan-type central furnace unless the emissions of the product do not exceed certain limits on emissions. Section 9 also requires manufacturers to use certain testing protocols, display certain information on each product, and demonstrate compliance through one of 2 described means. Section 9 also allows the executive director to promulgate rules updating any emission standard, definition, or test method for new water heaters or fan-type central furnaces in order to maintain or improve consistency with other comparable standards in other states so long as the updated version results in air quality that is equal to or better than air quality achieved using the prior standard. On or before January 1, 2030, the executive director must conduct an analysis to determine whether statewide greenhouse gas emissions from water heaters and fan-type central furnaces are declining in comparison to emission levels in 2023 in a manner that comports with the statewide greenhouse gas reduction goals. Unless the analysis determines that the emissions trajectory is consistent with achieving the statewide greenhouse gas reduction goals, the executive director shall propose to the air quality control commission rules to bring the emission levels in line with the reduction goals. Sections 8 and 9 both require the executive director to verify major retailers' and distributors' compliance with the prohibitions through online spot-checks, coordination with other states that have similar standards, or both. The executive director must deliver a report to the legislative committees of reference concerning the method and findings of the verifications, post the report on the department's website, and report any findings of violations to the attorney general. If the attorney general has probable cause to believe that a violation occurred, the attorney general may bring a civil action on behalf of the state to seek the imposition of civil penalties, and any civil penalties are to be deposited in the energy fund. For the 2023-24 state fiscal year, the act appropriates $49,730 to the department from the general fund to be used by the department as follows: $5,848 for use by the division of environmental health and sustainability for administration and support; and $43,882 for the purchase of legal services, which amount is reappropriated to the department of law to provide legal services for the department. APPROVED by Governor June 1, 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 clarifies the school expulsion hearing (hearing) process, including the following: A school district has the burden of proving by a preponderance of the evidence that a student violated state law and the school district's policy; A school district is required to provide all supporting evidence for expulsion or denial of admission to the student or the student's parent, guardian, or legal custodian at least 2 business days in which school is in session prior to the hearing; and Hearing officers are required to consider specific factors at the conclusion of a hearing including the age of the student, disciplinary history of the student, whether the student has a disability, the seriousness of the violation, whether the violation threatened the safety of any student or staff member, and whether a lesser intervention could properly address the violation. A hearing officer must not have a conflict of interest with a student under consideration for expulsion or denial of admission or any alleged victim. A school district must ensure that hearing officers receive training on how to serve impartially. The act requires the department of education (department), on or before June 30, 2024, to create and maintain the online training program for expulsion hearing officers. Beginning January 1, 2025, hearing officers are required to complete initial and ongoing training. The training program must include information on: Child and adolescent brain development; Restorative justice; Alternatives to expulsion; Trauma-informed practices; Conflict and bias in discipline, suspension, and expulsion; and The requirements and implementation of applicable federal and state laws. School districts, district charter schools authorized to expel or suspend students, or the state charter school institute may develop and provide their own training program to hearing officers and school administrators that meets or exceeds the requirements of the department's training program. The act requires the board of education of each school district to adopt a policy that a student must not be expelled or denied admission unless the school district considers whether alternative remedies are appropriate and whether excluding the student from school is necessary to preserve the learning environment. The act clarifies the judicial proceedings process available to a student or the student's parents, guardians, or legal custodians to set aside the school district board of education's decision to expel or deny admission to the student. The act appropriates $162,720 from the general fund to the department for hearing officer training and support. APPROVED by Governor June 1, 2023 EFFECTIVE June 1, 2023 (Note: This summary applies to this bill as enacted.)
The act extends for an additional 5 years the income tax credit for expenses incurred by an individual with a family income at or below $150,00, adjusted for inflation, (qualified individual) in retrofitting the individual's residence to increase its accessibility for persons with disabilities. The act also extends the credit carry-forward period from 5 to 8 years. APPROVED by Governor May 30, 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.)
To comply with the federal "Keeping Children Safe From Family Violence Act" (federal act), the act requires courts that hear parental allocation proceedings involving domestic violence or child abuse, including child sexual abuse, to consider the admission of expert testimony and evidence if the expert demonstrates expertise and experience working with victims of domestic violence or child abuse. Courts are also required to consider evidence of past sexual or physical abuse committed by the accused party, any restraining orders against the accused party, arrests or convictions of the accused party, and any other documentation of abuse, such as letters to landlords to break leases or medical records. The act prohibits a court from removing a child from or restricting contact between a child and a protective party who is competent, protective, not physically or sexually abusive, and with whom the child is bonded or attached solely in order to improve a deficient relationship with the accused party. The act provides that a court shall not order reunification treatment (treatment) that is predicated on cutting off the relationship between a child and a protective party with whom the child is bonded and attached. If a court orders treatment, the treatment must be generally accepted and there must be scientifically valid proof of the safety, effectiveness, and therapeutic value of the treatment. The act directs the task force created in House Bill 23-1108 to study victim and survivor awareness and responsiveness training requirements to make recommendations for any judge or magistrate who presides over parental responsibility proceedings. The act requires child and family investigators, parental responsibilities evaluators, and legal representatives of children who do not contract with the office of the child's representative (office) to complete initial and ongoing training on domestic violence and child abuse. A trainer with experience assisting survivors of domestic violence or child abuse is required to conduct the training. The act requires the judicial branch to apply to the federal department of justice's office of the attorney general for a grant increase to comply with the federal act. APPROVED by Governor May 25, 2023 EFFECTIVE May 25, 2023 NOTE: Certain sections of the act are contingent on whether or not House Bill 23-1108 becomes law. House Bill 23-1108 took effect May 25, 2023. (Note: This summary applies to this bill as enacted.)
The act requires the department of public safety (department), by June 30, 2025, to develop and maintain a statewide system (system) for victims of alleged sexual assault to monitor the status of their sexual assault evidence collection kit. The system must also provide relevant information for victims regarding the processing, custody, analysis, and destruction of evidence, as well as contact information for law enforcement and victim resources. The department is required to submit an annual report to the house of representatives and senate judiciary committees concerning information related to the status of sexual assault evidence collection kits reported into the system. Under current law, the division of criminal justice (division) in the department administers the sexual assault victim emergency payment program (program), which assists victims of sexual assault with medical expenses associated with a sexual assault. The act permits a law enforcement agency to request reimbursement of costs associated with the collection of forensic evidence for a victim through the program, subject to an annual cap. The act also requires the division to develop and maintain a system to track claims, process invoices, sort information, and produce reports concerning the program. The division is required to submit an annual report to the house of representatives and senate judiciary committees concerning information related to the program. For the purpose of a mandatory protection order, the act expands the definition of "until final disposition of the action". For the 2023-24 state fiscal year, $523,686 is appropriated from reappropriated funds received by the department from the Colorado crime victim services fund to the office of information technology to implement the act. APPROVED by Governor May 25, 2023 EFFECTIVE May 25, 2023 (Note: This summary applies to this bill as enacted.)
For the purposes of health insurance coverage for a prosthetic device (device), the act requires a health insurance carrier to provide coverage for an additional device or devices if the covered person's treating physician determines that the additional device or devices are necessary for the covered person to engage in physical and recreational activities. The required coverage applies to large employer plans issued or renewed on or after January 1, 2025. For individual and small group plans, the act requires the division of insurance (division) to make a determination as to whether the required coverage for a prosthetic device or devices is in addition to essential health benefits that requires the state to defray the costs of the required coverage and to submit the determination to the federal department of health and human services (federal department) for confirmation of the division's determination. If the federal department confirms that the required coverage is not in addition to essential health benefits or fails to respond within 365 days after the division submitted the request, the required coverage applies to individual and small group plans issued or renewed on or after January 1, 2025. APPROVED by Governor May 25, 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 Colorado crime victim services fund and the state domestic violence and sexual assault services fund are scheduled for repeal in 2027. The act continues both funds indefinitely and clarifies that the money in each fund that originated from the federal coronavirus state fiscal recovery fund must comply with the requirements in the federal "American Rescue Plan Act of 2021" and related state law. The act requires the state treasurer to transfer $3 million from the general fund to the state domestic violence and sexual assault services fund on July 1, 2023. APPROVED by Governor May 25, 2023 EFFECTIVE May 25, 2023 (Note: This summary applies to this bill as enacted.)
Current law entitles a parent, guardian or legal custodian of, or entity with educational decision-making authority for (parent), a student with a disability, or a student who may be eligible for special education services, to file a state complaint in the event of a dispute with an administrative unit or a state-operated program (education provider). If the parent prevails in a state complaint decision, the education provider may file a due process complaint against the parent regarding the issues disputed in the state complaint. The act requires the department of education (department) to enter into a service agreement with a nonprofit organization (organization) to create and maintain a list of attorneys qualified to represent a parent in a due process complaint filed by an education provider in response to a state complaint filed by the parent in which the parent prevailed. The service agreement is for 5 years. A parent may contact the organization for an attorney appointment. The act requires the department to include information on attorney appointments in the procedural safeguard notice and in other materials distributed to parents describing due process complaint procedures. The act requires the organization to report to the department on or before September 1, 2024, and each September 1 through September 1, 2028, on the number of attorneys appointed to parents in due process complaint cases, the costs associated with each due process complaint case, and the amount of unspent money the organization retains at the end of each budget year. The act requires the department to annually provide the organization $20,000 to pay attorneys and to create, maintain, and administer the list of attorneys. The act appropriates $33,260 from the general fund to the department for legal representation for due process complaints. APPROVED by Governor May 25, 2023 EFFECTIVE May 25, 2023 (Note: This summary applies to this bill as enacted.)
Starting July 1, 2024, the act authorizes individuals who have a midwife certification from the American Midwifery Certification Board, pay the required fee, and submit to a criminal history record check to obtain a license from the state board of nursing (board) to practice as a certified midwife in the state. A certified midwife licensed by the board may apply for and obtain provisional and full prescriptive authority upon satisfying the requirements specified in the act. Certified midwives are subject to regulation by the board to the same extent that the board regulates the practice of nursing, including grounds for discipline and disciplinary actions. Effective July 1, 2024, the act adds a member to the state board of nursing who is a certified midwife or an advanced practice registered nurse who is a certified nurse midwife. The act appropriates $15,393 from the general fund to the department of public health and environment for use by the health facilities and emergency medical services division for administration and operations necessitated by the act. APPROVED by Governor May 25, 2023 PORTIONS EFFECTIVE May 25, 2023 PORTIONS EFFECTIVE July 1, 2024 NOTE: Section 69 of the act states that the act takes effect upon passage; except that, section 12-255-105, Colorado Revised Statues, as amended in section 3 of the act, takes effect July 1, 2024. (Note: This summary applies to this bill as enacted.)
Beginning January 1, 2024, the act requires a municipality that has a municipal ordinance that criminalizes an act of domestic violence to adopt an ordinance establishing: Protections and rights for victims, victims' families, and witnesses; sentencing guidelines; conditions of probation; conditions of release on bond; and guidelines and standards that are consistent with similar provisions for prosecuting an act of domestic violence in district court; and A requirement that the prosecuting attorney who initially meets with the victim after the charges are filed makes a reasonable effort to remain as the prosecuting attorney throughout the proceeding. In a case involving an alleged violation of a municipal ordinance that criminalizes an act of domestic violence, the act requires a municipal court to issue a protection order; report or cause to be reported the alleged violation to the Colorado bureau of investigation (CBI) and enter the information into the Colorado crime information center (CCIC) database and the national crime information center (NCIC) database; and search the CBI, CCIC database, and the NCIC database to determine if the respondent has a history of domestic violence. The act states that any case involving an alleged violation of a municipal ordinance that criminalizes an act of domestic violence is a misdemeanor for the purposes of complying with federal law. The act authorizes any affected person to enforce compliance with the act by notifying the crime victim services advisory board of any noncompliance. If the board determines that the report of noncompliance has a basis in fact and cannot be resolved, the act requires the board to refer the report to the governor, who shall request that the attorney general file suit to enforce compliance. Beginning January 2025 and each year thereafter until January 2029, the act requires the department of public safety to report during the department's "SMART Act" hearing the total number of reports and inquiries submitted to CBI, the CCIC database, and the NCIC database. APPROVED by Governor May 25, 2023 EFFECTIVE January 1, 2024 NOTE: This act was passed without a safety clause.(Note: This summary applies to this bill as enacted.)