The act transfers $15 million from the general fund, with $5 million allocated to the just transition cash fund (fund) and $10 million allocated to the coal transition workforce assistance program account (account), and directs the department of labor and employment (department), through the just transition office (office), to expend the money for specified coal community and worker supports. The act also: Specifies that money remaining in the fund or the account at the end of any fiscal year remains in the fund or account, as applicable; Eliminates the requirement to spend a certain percentage of the money in the fund by the end of specified fiscal years and instead allows the department to expend money in the fund through the end of the 2023-24 state fiscal year and authorizes roll-forward spending authority of amounts appropriated from the fund to the department pursuant to 2021 legislation through the 2023-24 state fiscal year; Allows roll-forward spending authority of amounts appropriated from the account to the department pursuant to legislation passed earlier in the 2022 legislative session through the 2023-24 state fiscal year; and Starting in 2022, requires the director of the office to report to the joint budget committee on the history of expenditures from the fund and the account and the purposes for which money in the fund and account were expended or obligated in the previous state fiscal year. The act appropriates: $5 million from the fund to the department for use by the division of employment and training (division) to implement coal community supports; and $10 million from the account to the department for use by the division to implement coal worker supports.(Note: This summary applies to this bill as enacted.)
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The act creates a study in the department of education (department). The department is required to contract with a third party to conduct the study. The third-party contractor (contractor) is required to examine the amendments to the Title IX regulations of the federal "Education Amendments of 1972" (Title IX) issued by the United States department of education's office for civil rights. The contractor is required to consult with the department, a sexual misconduct advisory committee within the department of higher education, a K-12 advocacy organization, and a Colorado student government organization. The study must include an examination of the following: Best practices for prevention, notification, training, and responding to sex-based discrimination and harassment in public schools; The gaps between state and federal law regarding Title IX; and Whether Title IX regulations place limits on state law and whether the Colorado general assembly may adopt more stringent standards in state statute. The act establishes that if the department contracts with a public university as the contractor, the department shall submit the results of the study on January 31, 2023, to the education committees of the general assembly. If the department contracts with a contractor that is not a public university, the department shall submit the results of the study on March 30, 2023, to the education committees of the general assembly. The act appropriates $57,850 from the general fund to the department to conduct the study. (Note: This summary applies to this bill as enacted.)
The act establishes the "Colorado False Claims Act" (false claims act). Pursuant to the false claims act, a person is liable to the state or a political subdivision of the state for a civil penalty if the person commits, conspires to commit, or aids and abets the commission of any of the following (collectively, "false claims"): Knowingly presenting, or causing to be presented, a false or fraudulent claim for payment or approval; Knowingly making, using, or causing to be made or used a false record or statement material to a false or fraudulent claim; Having possession, custody, or control of property or money used, or to be used, by the state or a political subdivision and knowingly delivering, or causing to be delivered, less than all of the money or property; Authorizing the making or delivery of a document certifying receipt of property used, or to be used, by the state or a political subdivision and, with the intent to defraud the state or political subdivision, making or delivering the receipt without completely knowing that the information on the receipt is true; Knowingly buying, or receiving as a pledge of an obligation or debt, public property from an officer or employee of the state or a political subdivision who lawfully may not sell or pledge the property; Knowingly making, using, or causing to be made or used a false record or statement material to an obligation to pay or transmit money or property to the state or political subdivision, or knowingly concealing or knowingly and improperly avoiding or decreasing an obligation to pay or transmit money or property to the state or political subdivision; or Knowingly making, using, or causing to be made or used, a false record or statement resulting in the underpayment of unemployment premiums or the payment of unemployment insurance benefits of more than $15,000 in a calendar year. A person who makes a false claim is liable to the state for a civil penalty of $11,800 to $23,600 per violation, plus 3 times the amount of the damages sustained by the state. A court may assess a reduced penalty if the person who makes a false claim furnishes to investigators all the information the person knows about the violation within 30 days after first learning of a potential violation, the person did not know about the investigation when the person furnished the information, and the person fully cooperated with the investigation as follows: If the person furnished the information prior to an action being filed, the person is subject to a civil penalty of $5,900 to $11,800 per violation, plus 1.5 times the amount of the damages. If the person furnished the information while a pending action was under seal, the person is subject to a civil penalty of $7,800 to $15,700 per violation, plus double the amount of the damages. The civil penalty range amounts for a violation are annually adjusted for inflation, rounded upward or downward to the nearest ten-dollar increment and certified by the secretary of state. A person who makes a false claim is also liable for the costs incurred for the investigation and prosecution of the false claim. The attorney general may accept from a person alleged to have made a false claim an assurance of discontinuance or a consent order approved by a court in lieu of, or as a part of, a false claims action. Proof by a preponderance of the evidence of a violation of an assurance or stipulation or consent order is prima facie evidence of a violation for the purposes of any civil action or proceeding brought by the attorney general after the alleged violation of the assurance or stipulation or consent order, whether a new action or a motion or petition in a pending action or proceeding. The false claims act requires the attorney general to investigate false claims. The attorney general or a private person may bring a civil action against a person who made a false claim. The attorney general may intervene in an action brought by a private person. A private person who brings a false claims action may be awarded up to 30% of the proceeds from the action based on the extent the private person contributed to the investigation and prosecution of the false claim. If the private person is an employee of the state and learns information about the false claim in the course of the person's work, the court will award that amount to the state. The false claims act requires that a false claims action be filed in a state district court or federal court with jurisdiction over the action. A court cannot hear a false claim action: Brought against a serving member of the general assembly, a member of the state judiciary, an executive director of a state agency, or an elected official in the executive branch of the state of Colorado, acting in the member's, executive director's, or official's official capacity; Brought against an elected official of a political subdivision, a member of a political subdivision's judiciary, of an appointed official of a political subdivision, acting in the official's or member's official capacity; or Based on the same allegations or transactions that are the subject of a different civil or administrative proceeding. The false claims act prohibits retaliatory action against an individual because of the individual's efforts in furtherance of investigating, prosecuting, or stopping false claims. A court hearing a false claims action may hear a claim for retaliation against the individual. The false claims act clarifies how information subject to a person's attorney-client privilege is protected, unless the privilege is waived, an exception to the privilege applies, or disclosure of the information is permitted by an attorney pursuant to certain federal regulations applicable to attorneys appearing and practicing before the federal securities and exchange commission, the applicable Colorado rules of professional conduct, or otherwise. The false claims recovery cash fund (fund) is created and any proceeds retained by the state from a false claims action are transferred to the fund. Subject to annual appropriation, the department of law may use money in the fund for the costs of investigating and prosecuting false claims. Remaining proceeds are transferred to the fund from which the false claim was paid and the false claims act sets forth the process for paying to a political subdivision any proceeds recovered that are attributable to the political subdivision. The false claims act requires the attorney general to annually submit a report to specified committees of reference about false claims actions during the previous fiscal year. The act authorizes the state auditor to share information about potential false claims with the attorney general and a political subdivision. The act appropriates $13,568 from the general fund to the legislative department for use by the office of the state auditor. (Note: This summary applies to this bill as enacted.)
Colorado law requires a person to register the person's motor vehicle within 90 days after moving to Colorado. Section 2 of the act requires a person who registers a vehicle after moving to Colorado to: Provide documentation of the vehicle's previous registration that contains the registration dates or the vehicle's bill of sale; Provide evidence of the date that the person became a Colorado resident; and Pay the vehicle's registration taxes and fees that are prorated from the date the person became a Colorado resident to the date the person applied to register the vehicle, unless the vehicle is used for interstate commerce or unless the owner registered the vehicle within 90 days after becoming a resident. The act requires an owner who fails to register the vehicle within 90 days after moving to Colorado to pay assessed back taxes and fees. The allocation and use of the taxes and fees does not change. Section 3 imposes late fees for failing to register a vehicle when appropriate after obtaining temporary tags for the vehicle. Section 3 also imposes prorated registration taxes and fees to capture missed revenue if a person fails to register a vehicle when required by law. Section 4 lowers the registration fee that is based on the age of a vehicle: For motor vehicles less than 7 years old, the fee is lowered from $12 to $9; For motor vehicles at least 7 years old but less than 10 years old, the fee is lowered from $10 to $7; and For motor vehicles 10 years old or older, the fee is lowered from $7 to $5. The department of revenue (department) may adjust the fees to make the act revenue neutral but may not lower a fee below one dollar or raise the fees above the original amount from which the act lowered the fees. In 2026, this fee decrease repeals, and the fees return to their original amounts. One dollar of the fee is retained by the department and used to offset the cost to the department and the authorized agents to implement the act. Colorado law imposes a fee of $1.50 on motor vehicles, trailers, and semitrailers. The fee is sent to the county where the vehicle is registered for its road and bridge fund. Section 5 lowers this fee to $0.94 to offset the increased taxes and fees collected by the county under sections 2 and 3. The department will annually adjust the fee amount to keep the act revenue neutral to the counties. This process is repealed on July 1, 2026, so that the fee returns to $1.50. To implement the act, $248,249 is appropriated to the department of revenue from the Colorado DRIVES vehicle services account in the highway users tax fund. (Note: This summary applies to this bill as enacted.)
Section 1 of the act relocates existing statutes that require contractors to offer certain resource efficiency options when constructing certain buildings. Section 1 also requires certain new commercial buildings and multifamily residences to include electric vehicle charging as follows: If the building is 25,000 square feet or more or the building is part of a project that is 40,000 square feet or more of floor space in more than one building, with a total of 25 or more sets of living quarters or commercial units among all the buildings: 25% of the parking spaces used by the occupants of the building must be EV capable, which means that the building is ready to run the wiring and install a 208 to 240 volt receptacle; 10% of the parking spaces used by the occupants of the building must be EV ready, which means that each parking space has a working 208 to 240 volt receptacle; and If the building is multifamily housing with at least 3 units and at least 10 parking spaces, the building must have: In 50% of the units, a parking space used by the occupants of the building that is EV capable; In 20% of the units, a parking space used by the occupants of the building that is EV ready. The act applies to the construction of a new high-occupancy building project or to the renovation of 50% or more of an existing high-occupancy building project and to: A contract executed on or after July 1, 2023, to construct a high-occupancy building project; The planning of or drafting for the design of a high-occupancy building project on or after August 10, 2022; and The laying out of or construction of a high-occupancy building project on or after August 10, 2022. Section 3 requires a project to comply with these provisions to obtain a building permit. The state electrical board is required to set standards for waiving the requirement to comply with these provisions for renovations. Local governments that perform inspections may also issue such a waiver. (Note: This summary applies to this bill as enacted.)
The act requires each child care center, each family child care home, and each public school that serves any of grades preschool through fifth grade, on or before May 31, 2023, to test its drinking water sources by having a state-certified laboratory measure the lead content of water drawn from each drinking water source. Subject to available appropriations, each public school that serves students in sixth, seventh, or eighth grade shall satisfy this requirement on or before November 30, 2024. Within 30 days after receiving the results of a test, a child care center, family child care home, or public school that serves any of grades preschool through eighth grade (P-8 school) must make the results, as well as any associated lead remediation plans, publicly available on the child care center's, family child care home's, or P-8 school's website, if applicable, and report the results to the water quality control commission (commission). The commission shall post the results on its public website within 30 days after receiving them. If the results of a test of a drinking water source show that water from the drinking water source contains lead in an amount of 5 parts per billion or more, a child care center, family child care home, or P-8 school must notify all employees and parents and guardians of students, discontinue use of the drinking water source, and take specific measures to address and remediate the drinking water source. The act requires each child care center, family child care home, and P-8 school to create and maintain, for at least 5 years, records of its filter replacement activities, including when a filter is removed and when a new filter is installed, and any remediation efforts, including faucet replacements. The act requires the department of public health and environment (department) to provide training to each child care center, family child care home, and P-8 school regarding water filter maintenance, flushing protocols, testing for lead, reporting processes for sampling reports, and other activities relevant to compliance with the act's new requirements. The act allows a family child care home established before March 31, 2023, to opt out of the duty to comply with the act's requirements so long as the authorized representative of the family child care home provides written notice of such decision to the department on or before March 31, 2023. A family child care home established on or after March 31, 2023, may opt out of the duty to comply so long as the authorized representative provides written notice of such decision to the department within 6 months after the date upon which the family child care home is established. A child care center or P-8 school is not required to satisfy the act's requirements if the child care center or P-8 school is classified as a public water system under the "Lead and Copper Rule" of the federal environmental protection agency and the child care center or P-8 school is in compliance with the requirements of the federal rule. However, the child care center or P-8 school is required to report annually to the commission the results of the testing of the center or P-8 school's drinking water sources pursuant to the federal rule. The act creates the school and child care clean drinking water fund (fund) in the department and requires the department to expend money from the fund only to: Help child care centers, family child care homes, and P-8 schools comply with the act's requirements; and Reimburse child care centers, family child care homes, and P-8 schools as needed for costs associated with complying with the act's requirements. The act prohibits the department from reimbursing a child care center, family child care home, or P-8 school for such costs if the child care center, family child care home, or P-8 school has already received reimbursement money from the fund and: None of the results of the required testing showed the presence of lead in an amount of at least 5 parts per billion; or If the results of such testing showed the presence of lead in an amount of at least 5 parts per billion, the child care center, family child care home, or P-8 school has also received reimbursement for any associated remediation efforts and a confirmation test of each drinking water source. The act requires the commission, on or before December 1, 2023, and on or before each December 1 thereafter, to submit a report concerning the act's requirements to legislative committees of reference. The act also requires the department, on or before February 28, 2024, to report to the legislative committees of reference: The remaining balance in the fund as of the date of the report; and The department's determination as to whether the money remaining in the fund is sufficient to require public schools that serve any of grades 6 through 8 to comply with the requirements of the act. The act's requirements are repealed, effective June 30, 2026. For the 2022-23 state fiscal year, the act appropriates $2,648,019 from the general fund to the department to be used as follows: $673,286 for use by the drinking water program for personal services; $1,469,235 for use by the drinking water program for operating expenses; and $505,498 for the purchase of information technology services, which amount is reappropriated to the office of the governor for use by the office of information technology to provide information technology services for the department. For the 2022-23 state fiscal year, the act appropriates $21,000,000 from the general fund to the fund, which money is reappropriated to the department to pay operating expenses. (Note: This summary applies to this bill as enacted.)
The act specifies that if property encumbered by a conservation easement in gross is condemned through an eminent domain proceeding, and, as a result of the condemnation, the condemning authority is acquiring such property free and clear of the conservation easement interest or subordinating the deed of conservation easement to such acquired property interest, just compensation must be determined based on the value of the property as if unencumbered by the conservation easement in gross. The compensation must be allocated between the fee owner and the holder of the conservation easement based upon the value of their respective interests in the property. (Note: This summary applies to this bill as enacted.)
The act creates the circular economy development center (center) in the department of public health and environment (department). The purpose of the center is to grow existing markets; create new markets; and provide necessary infrastructure, systems, logistics, and marketing to create a sustainable circular economy for recycled commodities and compost in Colorado. On or before July 1, 2023, subject to available appropriations, the department must contract with a third-party administrator to operate the center. The center must conduct a statewide, end-market gap analysis and opportunity assessment and submit a final report of the analysis and assessment to the department by August 1, 2024. Beginning September 1, 2023, and on or before each September 1 thereafter, the center must also submit a report to the department describing the progress of the center. The department must include the report in its annual presentation to the general assembly pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act". The center is repealed, effective September 1, 2030. Before the repeal, the activities of the center are scheduled for a sunset review by the department of regulatory agencies. The act requires the front range waste diversion enterprise (enterprise), in coordination with the department, to pay for direct and indirect costs associated with the operation of the center through the front range waste diversion cash fund (fund). The act also makes changes to the front range waste diversion enterprise grant program as follows: Current law imposes limitations for grant applications that are received from a waste hauler or a landfill owner or operator. Specifically, as to the portions of such an application that relate to infrastructure or equipment, only 50% of infrastructure or equipment can be funded through the grant program and, if the board of directors of the enterprise (board) awards a grant to a waste hauler or landfill owner or operator for infrastructure or equipment, the grantee is ineligible to receive a grant for the following 5 years. The act removes these limitations. Current law prohibits the board from allocating more than 20% of the annual fund revenue in any single grant award. The act raises this maximum to 50%. The act also requires the department to use money appropriated from the recycling resources economic opportunity fund to pay for up to 40% of the direct and indirect costs associated with the operation of the center. Under current law, the solid waste user fee is repealed, effective July 1, 2026. The act eliminates this repeal date and extends, from September 1, 2029, to September 1, 2030, the repeal date of a specific user fee that is associated with the solid waste user fee. (Note: This summary applies to this bill as enacted.)
The act creates a state sales and use tax exemption commencing January 1, 2023, for all sales, storage, use, and consumption of incontinence products and diapers and period products. The act further provides that counties and municipalities may choose to adopt either or both exemptions by express inclusion in their sales and use tax ordinance or resolution. (Note: This summary applies to this bill as enacted.)