The act creates the task force on the rights of Coloradans with disabilities (task force) in the Colorado civil rights commission. The task force shall create a minimum of 4 subcommittees to study and make recommendations on specific issues related to persons with disabilities: The rewrite subcommittee, which must study and make recommendations concerning the various issues related to the rewrite and modernization of the Colorado Revised Statutes concerning civil rights of persons with disabilities; The outdoors subcommittee, which must study and make recommendations related to the basic accessibility of outdoor spaces for persons with disabilities; The housing subcommittee, which must study and make recommendations related to the affordability, accessibility, and attainability of housing for persons with disabilities; and The government subcommittee, which must focus on basic physical and programmatic accessibility within state and local government. Minimum mandatory membership and reporting requirements are outlined for the task force and each subcommittee. The task force shall produce a final report, including recommendations, to submit to the governor and general assembly on or before January 30, 2025. For the 2023-24 state fiscal year, the act appropriates $289,568 from the general fund to the department of regulatory agencies for use by the civil rights division to implement the act. APPROVED by Governor May 25, 2023 EFFECTIVE May 25, 2023 (Note: This summary applies to this bill as enacted.)
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The act prohibits a licensed physician or physician assistant; licensed medical resident, intern, or fellow; licensed professional nurse; advanced practice registered nurse; registered direct-entry midwife; or medical, nursing, or direct-entry midwife student or trainee (licensee, student, or trainee) from performing, and prohibits a licensed health-care facility from permitting a licensee, student, or trainee to perform, an intimate examination on a sedated or unconscious patient unless the patient has given specific informed consent to an intimate examination. Additionally, a student or trainee may perform an intimate examination on a sedated or unconscious patient for educational or training purposes only if: The examination is related to the planned procedure to be performed on the patient; The student or trainee has been introduced to the patient as part of the patient's care team, and the student's or trainee's role in performing an intimate examination for educational or training purposes has been shared with the patient; and The student or trainee is under the direct supervision of the supervising licensee. The informed consent requirement does not apply in an emergency situation in which an intimate examination on a sedated or unconscious patient is medically necessary for the life or well-being of the patient or if the licensee has previously obtained the patient's consent to health care that includes an intimate examination about which the patient has been informed. The act outlines the requirements for obtaining the patient's informed consent. Failure to comply with the requirements of the act, or retaliating against a person who complains about a violation of the act, constitutes unprofessional conduct, is grounds for discipline, and subjects the licensee, student, or trainee to discipline by the regulator that regulates the particular health-care profession. A licensed health-care facility that fails to comply with the requirements of the act is subject to sanctions imposed by the department of public health and environment. Additionally, a patient who is subjected to an intimate examination in violation of the requirements of the act may file a civil action for damages, which action is not a medical malpractice action, and the statutory cap on noneconomic damages in civil actions applies to an award to a patient for noneconomic damages. For the 2023-24 state fiscal year, the act appropriates $32,915 from the general fund to the department of public health and environment for use by the health facilities and emergency medical services division to implement the act. 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.)
Section 2 of the act requires the state electrical board (board) to adopt rules requiring compliance, starting March 1, 2024, with the provisions of the model electric ready and solar ready code that require multifamily buildings to comply with the electric vehicle (EV) power transfer infrastructure requirements. The board is precluded from adopting rules that prohibit the installation or use of EV charging stations unless the rules address a bona fide safety concern. Sections 3 and 4 expand the prohibition against a landlord of rental property or a management association (association) of a common interest community from unreasonably prohibiting the installation of EV charging equipment in the leased premises or a unit in the common interest community (unit) to also apply to an assigned or a deeded parking space for the leased premises or unit, to parking spaces accessible to both the tenant or unit owner and other tenants or unit owners, and to commercial rental property.A landlord or association must also allow an EV or a plug-in hybrid vehicle to park on the premises. Colorado law grants a local government the ability to regulate parking, and this regulation includes requiring that buildings meet minimum parking standards. Sections 5, 6, and 7 require a local government, when counting minimum parking spaces, to count: Any parking space that is served by an EV charging station as at least one standard automobile parking space; and Any van-accessible parking space that is wheelchair accessible and served by an EV charging station as at least 2 standard automobile parking spaces. Sections 8 and 9 prohibit local governments from adopting an ordinance or a resolution that prohibits the installation or use of EV charging stations or restricts parking based on a vehicle being a plug-in hybrid vehicle or plug-in electric vehicle unless the ordinance or resolution addresses a bona fide safety concern. The decision is subject to judicial review. Sections 10 and 11 give local governments that have electrical, elevator and escalator, and plumbing codes adopted by reference to state codes the option to not adopt certain energy efficiency codes when their electrical, elevator and escalator, and plumbing codes are automatically updated because the state has updated these codes. Section 12 exempts, until 2030, EV charging systems from the levy and collection of property tax. Federal law prohibits the construction of automotive service stations or other commercial establishments for serving motor vehicle users along interstate highway rights-of-way, including rest areas. Due to this prohibition, the state cannot construct EV charging systems along interstate highway rights-of-way, including rest areas, in the state. Section 13 specifies that, when the federal law no longer prohibits the construction of EV charging systems along interstate highway rights-of-way, the department of transportation may collaborate with public or private entities to develop projects for the construction of EV charging systems along interstate highway rights-of-way. In addition, the department of transportation may develop these types of projects along state highways. Section 14 defines the phrase "disproportionately impacted community" for state government to include communities in which: The proportion of households that are below 200% of the federal poverty level is greater than 40%; The proportion of households that spend more than 30% of household income on housing is greater than 50%; The proportion of the population that identifies as people of color is greater than 40%; The proportion of the population that is linguistically isolated is greater than 20%; The population has a history of being subject to environmental racism perpetuated through redlining or through anti-indigenous, anti-immigrant, anti-Latino, or anti-Black laws, policies, or practices and that present-day demographic factors and data demonstrate that the community currently faces environmental health disparities; The community is identified by a statewide agency as being one where multiple factors, including socioeconomic stressors, vulnerable populations, disproportionate environmental burdens, vulnerability to environmental degradation or climate change, and lack of public participation, may act cumulatively to affect health and the environment and may contribute to persistent disparities; The community is a mobile home park; or The community is located on the Southern Ute or Ute Mountain Ute Indian reservation. All statewide agencies are required to use the definition of disproportionately impacted community, but the agencies are given flexibility in applying the definition. APPROVED by Governor May 23, 2023 EFFECTIVE May 23, 2023(Note: This summary applies to this bill as enacted.)
Under current law, various fees imposed on motor carriers are either specified in statute or set administratively by the public utilities commission (commission). The act removes the statutorily set fees and instead authorizes the commission to set the motor carrier fees administratively. The act also requires, on and after January 1, 2024, that the commission establish transportation network company permit fees administratively. The commission is required to notify transportation network companies of an increase in the fees at least 30 days before the increased fees take effect. The commission may adopt rules establishing different tiers of permit fees for distinct types of transportation network companies based on the commission's consideration of market factors. If the commission adopts different tiers of permit fees, the commission is required to publish the criteria that the commission used to establish the different tiers on its website. APPROVED by Governor May 18, 2023 EFFECTIVE May 18, 2023 (Note: This summary applies to this bill as enacted.)
The act extends the community crime victims grant program (grant program) 5 years from the current repeal date of September 1, 2023, to September 1, 2028, and requires a sunset review of the grant program before the grant program's future repeal. The act allows the department of public health and environment to use money appropriated to the community crime victims grant program cash fund for the 2022-23 state fiscal year in the 2023-24 state fiscal year. APPROVED by Governor May 17, 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.)
Section 1 of the act increases the percent of appropriated funds that the department of public health and environment (department) may use for the administration and management of the public water systems and domestic wastewater treatment works grant program from 5% to 10%. Section 3 modifies the composition of the water quality control commission (commission) by requiring that: No more than 5 members of the commission be affiliated with the same political party; and The commission include members with specific types of expertise, including expertise in areas of science, environmental law, environmental policy, municipal water treatment, municipal wastewater treatment, industry, or labor. Section 4 requires the commission, on or before October 31, 2025, and after engaging in stakeholder outreach, to set the following fees by rule: Drinking water fees assessed on public water systems; Commerce and industry sector permitting fees; Construction sector permitting fees; Pesticide sector permitting fees; Public and private utilities sector permitting fees; Municipal separate storm sewer systems sector permit fees; Review fees for requests for certification under section 401 of the federal "Clean Water Act"; Preliminary effluent limitation determination fees; Wastewater site application and design review fees; On-site wastewater treatment system fees; and Biosolids management program fees. The commission's fee-setting rules must become effective on or before January 1, 2026, and the commission may by rule authorize the division to phase in the fee-setting rules before January 1, 2026. Section 4 also creates the clean water cash fund into which the fees collected under the commission's fee-setting rules are credited, except that the fees assessed on public water systems under the drinking water fee-setting rules are credited to the drinking water cash fund. The statutory fee provisions in sections 2, 5, 6, and 8 repeal on July 1, 2026. Before the repeal, the state treasurer is required to transfer any money remaining in the funds into which the statutory fees are credited to the clean water cash fund; except that section 2 specifies that drinking water fees will continue to be credited to the drinking water cash fund and that any money in the drinking water cash fund will remain in that cash fund. Section 7 repeals the division of administration's (division's) regulatory authority concerning nuclear and radioactive wastes. Section 9 requires the division to include, in its annual reporting to the commission and the general assembly, information on: The division's implementation and enforcement of the discharge permitting program (program); For reports submitted before October 1, 2025, the division's fee revenue and direct and indirect costs associated with the program; and For the report submitted in 2025, the fee structure set forth in the commission's proposed or adopted fee-setting rules. APPROVED by Governor May 17, 2023 PORTIONS EFFECTIVE May 17, 2023 PORTIONS EFFECTIVE July 1, 2026 (Note: This summary applies to this bill as enacted.)
The act eliminates the current driver education requirements for a minor to be issued a driver's license and replaces it with the following requirements to be issued a drivers license, including a temporary driver's license: For minors who are under 18 years of age: Complete a 30-hour driver education course approved by the department of revenue (department); and Receive at least 6 hours of behind-the-wheel driving training with a driving instructor or 12 hours of behind-the-wheel training with a parent, a legal guardian, or an alternate permit supervisor; and A minor who is 18 years of age or older and under 21 years of age must: Have been issued a driver's license from another jurisdiction; or Successfully compete a 4-hour prequalification driver awareness program approved by the department. The department is prohibited from collecting a fee for a driving examination if the department did not administer the driving examination. The act also prohibits a person who has been convicted of certain violent or sexual crimes from providing driving instruction to minors. A commercial driving school is prohibited from employing such a driving instructor. Each instructor employed by a commercial driving school must obtain a fingerprint-based criminal history record check to verify that the instructor has not committed a disqualifying crime. The act creates and sets standards for a voucher program that is operated by an enterprise for the purpose of paying private driving schools for conducting driver education courses and examinations for people whose household income is less than 3 times the federal poverty limit. The enterprise is governed by a board that consists of 5 members: One member who represents the executive director of the department and who is the chair of the governing board; One member who has experience providing translation services or administering programs that assist individuals for whom English is not their native language; One member who represents a provider of a driver education course approved by the department; One member who has experience working with youth; and One member who represents rural areas. The enterprise will promulgate policies to administer the voucher program, including: The form and manner to apply for a voucher; The method to demonstrate eligibility for a voucher; and The determination of the voucher amount. An individual that receives a voucher must use the voucher to pay the cost to enroll in a driver education course. Upon request and when reasonably possible, the enterprise is required to provide translation services for driving examinations. To implement the act, a fee is established on applications for or issuance of an instruction permit or a driver's license. VETOED by Governor May 16, 2023 (Note: This summary applies to this bill as enacted.)
The act changes the amount of civil penalties that may be levied on commercial motor carriers for failure to comply with rules for the safe operation of commercial vehicles by tying the amount of civil penalties to the amount of federal civil penalties for interstate commercial motor carriers. If a motor carrier fails to pay civil penalties within 30 days or to cooperate with the completion of a safety compliance review within 30 days, the act authorizes the department of revenue to both enter the noncompliant motor carrier and its vehicles as out-of-service in the federal motor carrier safety administration system of record and cancel or deny registration to the noncompliant motor carrier. For the 2023-24 state fiscal year, the act appropriates $61,110 to the department of revenue from the DRIVES vehicle services account in the highway users tax fund to implement this act, of which $8,910 is reappropriated to the office of the governor for use by the office of information technology to provide services to the department of revenue. APPROVED by Governor May 12, 2023 PORTIONS EFFECTIVE August 7, 2023 PORTIONS EFFECTIVE April 30, 2024 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die; except that, section 42-4-235 (2)(d)(I)(B) and section 42-3-120 (3)(a)(II) take effect April 30, 2024. (Note: This summary applies to this bill as enacted.)
The act allows a physician, a physician assistant, an advanced practice registered nurse, or any other person who is authorized by law to administer a vaccine (practitioner) to ask an individual who seeks to receive a publicly funded vaccine to present proof of health insurance or other form of identification, but a practitioner is prohibited from conditioning the receipt of the vaccine on the individual's presentation of the documentation or ability to pay an administration fee. The act requires practitioners to post a notice and provide to individuals seeking a publicly funded vaccine a disclosure statement indicating that the publicly funded vaccine will be provided regardless of the individual's presentation of the requested documentation or ability to pay an administration fee. The act allows an independent pharmacy to condition receipt of a publicly funded vaccine on an individual's ability to pay for the administration of the vaccine but limits the amount an independent pharmacy may charge. The act prohibits a practitioner from charging an individual for the cost of a vaccine that is paid for by the federal, the state, or a local government but permits a practitioner to charge and seek payment from an insurer or the vaccine recipient or, if applicable, from a federal or state source, for the cost of administering the vaccine. APPROVED by Governor May 10, 2023 EFFECTIVE May 10, 2023 (Note: This summary applies to this bill as enacted.)