William Lindstedt - Colorado

Signed into law · Colorado Senate · Co-sponsor

Colorado Voting Rights Act

The act creates the Colorado Voting Rights Act (state voting rights act) and modifies certain election-related statutes in the following areas: Tribal voting; Ensuring voter access to methods of selecting candidates for the general election; Restrictions on electioneering and election-related activity near voting locations; Election and voting notices in facilities serving individuals with disabilities; Recounts; Election-related language access; and Election-related data collection. Creation of the state voting rights act. The act creates the state voting rights act, which prohibits political subdivisions from: Engaging in voter suppression by taking any action that results in, will result in, or is intended to result in a material disparity between electors who are members of a protected race, color, or language minority group or other minority reporting group (protected class members) and other eligible electors in regard to voter participation, access to voting opportunities, or the opportunity or ability to participate in the political process; Engaging in voter dilution by enacting or employing any method of election that has the effect of, or is motivated in part by the intention of, disparately impairing the opportunity or ability of protected class members to elect the candidates of their choice or otherwise influence the outcome of elections as a result of diluting the vote of protected class members ; Implementing, imposing, or enforcing a voting qualification or another prerequisite to voting based on an individual's actual or perceived gender identity, gender expression, or sexual orientation; or Implementing, imposing, or enforcing an additional voting qualification or another prerequisite to voting based on an individual's confinement to a local jail, other than those eligibility qualifications that already exist. An aggrieved individual or organization (aggrieved person) may file a civil suit alleging voter suppression; voter dilution; an unlawful voting prerequisite based on gender identity, gender expression, or sexual orientation; or an unlawful voting prerequisite based on confinement to a local jail. The attorney general may investigate potential violations of the act and may file suit to enforce the act or may intervene in an aggrieved individual's or organization's civil suit. Except under specific circumstances, before filing suit, an aggrieved person or the attorney general must send a notification letter describing the alleged violation of the act to the political subdivision. The political subdivision is given 60 or 180 days to adopt a resolution providing for a solution to the alleged violation. Tribal voting. The act clarifies that an identification card, which need not contain a photograph, that is issued by the federal bureau of Indian affairs, Indian health service, or any other federal agency that issues identification certifying tribal membership and that includes an address in Colorado constitutes a valid identification for registration purposes and, upon request of a tribal council, requires a county to establish a drop box, rather than a drop-off location as was previously the case, within the boundaries of a federal reservation. Ensuring voter access to methods of selecting candidates for a general election. The act requires each major political party to ensure that any future alternative process by which a party may select candidates for a general election allows voters not able to attend in person to participate to the same extent as those voting in person, including requiring a process for individuals to vote that does not require in-person voting. Restrictions on electioneering and election-related activity near voting locations. The act clarifies that the restrictions on electioneering and election-related activity conducted within 100 feet of a polling location or drop-off location also apply to drop boxes. Election and voting notices in facilities serving individuals with disabilities. The act imposes a requirement on specified care facilities that provide services primarily to individuals with disabilities to publicly display, in each building in which they serve clients, notices related to voting during the 30 days preceding a general or coordinated election. Recounts. Before a recount, a canvass board has been required to test at least one ballot scanner with a group of 10 test ballots marked by at least 2 canvass board members of different party affiliations. The act changes this process so that each canvass board member, other than the clerk, must separately mark their own group of 10 test ballots. The act also clarifies the duties of a canvass board and a county clerk and recorder in conducting a recount. Election-related language access. The act expands existing requirements for the creation of multilingual ballots from only applying to qualifying counties to also applying to qualifying municipalities. The county clerk and recorder for a county that meets certain requirements for the population or percentage of the voting-age population within the relevant jurisdiction who are minority language speakers and who speak English less than very well has been required to provide multilingual ballots. The act requires a municipal clerk to provide multilingual ballot access if the municipality has a population of at least 3,000 and the municipality exists partially or wholly within a county covered by the existing multilingual ballot requirements. Election-related data collection. The act requires the secretary of state to collect, maintain, and make publicly available data related to elections, including demographics, election results, and voting information. After each election, political subdivisions are required to submit election-related information to the secretary of state. The department of local affairs is also required to annually provide certain demographic information to the secretary of state. The act also changes current law from allowing a custodian of records to deny the right of inspection of certain records and information maintained by the department of revenue to requiring the denial of such inspection. For the 2025-26 fiscal year, $75,432 is appropriated from the department of state cash fund to the department of state for use by the elections division for implementation of the act. The act applies to elections and election-related activities occurring on or after January 1, 2026. (Note: This summary applies to this bill as enacted.)

Signed into law May 12, 2025 1 co-sponsor

Co-sponsor SB 25-050

Signed into law · Colorado Senate · Co-sponsor

Racial Classifications on Government Forms

The act requires a form issued by the state or a local government that requests that the individual completing the form disclose the individual's race or ethnicity to include, in addition to spaces for any other racial or ethnic categories required by the federal office of management and budget, a space to indicate if the individual's race or ethnicity is Middle Eastern, North African, or South Asian. The state and local governments are exempt from the act's requirements if: The demographic data collected in the form is reported by the state or a local government to the federal government; and The federal government rejects or will reject the demographic data reported by the state or a local government because it includes Middle Eastern, North African, or South Asian as a primary demographic category. When exercising the exemption, the state and local governments shall include Middle Eastern, North African, or South Asian as a demographic subcategory of the nonspecific racial category on the form. (Note: This summary applies to this bill as enacted.)

Signed into law May 12, 2025 1 co-sponsor

Co-sponsor HB 25-1272

Signed into law · Colorado House · Co-sponsor

Construction Defects & Middle Market Housing

For construction of multifamily, attached housing of 2 or more units, the act creates the multifamily construction incentive program (program). A builder may chose to participate in the program by: Providing a warranty that covers any defect and damage at no cost to the homeowner for specified periods; Having a third-party inspection performed on the property; and Recording a notice of election to participate in the program in the real property records before the property is offered for sale. For construction defect claims brought for the construction of housing for which the builder is a participant in the program, the act: Requires a claimant to file a certificate of review with the complaint, if the complaint is against an architect or engineer; Limits actions to claims that have resulted in: Actual damage to real or personal property; actual loss of the use of real or personal property; actual bodily injury or wrongful death; an unreasonable reduction in the capability of, or an actual failure of, a building component to perform an intended function or purpose; or an unreasonable risk of bodily injury or death to, or a threat to the life, health, or safety of, the occupants of the residential property; and Requires that a construction professional must send or deliver to the claimant an offer to settle the claim or a written response that identifies the standards that apply to the claim and explains why the defect does not require repair. For all construction defect claims, the act: Establishes a claimant's duty to mitigate an alleged construction defect and specifies how a claimant may satisfy this duty and the consequences to a claimant that fails to satisfy this duty; Requires a construction professional who is the defendant in a construction defect action to submit specified information to the claimant; Prohibits an insurer from cancelling, denying, or reducing coverage based on any claim for benefits covered by an existing liability insurance policy issued to a construction professional based on the construction professional's offer to repair or settle a construction defect claim; Tolls the statute of limitations or repose during a claimant's mitigation of an alleged construction defect; Increases the percentage of owners that an executive board of a unit owners' association (executive board) must obtain approval from before initiating a construction defect claim on behalf of the owners from a majority to 65%; and Requires an executive board that is successful in a construction defect claim or settlement to first use the net monetary damages or net proceeds received as a result of the claim to repair the construction defect. The act requires a local government to establish a fast-track approval process for an application for for-sale multifamily condominium projects in order to qualify for assistance from the state affordable housing fund. (Note: This summary applies to this bill as enacted.)

Signed into law May 12, 2025 1 co-sponsor

Primary HB 25-1281

Signed into law · Colorado House · Lead sponsor

Title Register & Drive Kei Vehicles

A kei vehicle is the smallest road-legal, 4-wheeled vehicle in Japan and is imported into the United States as a used vehicle. The act defines a kei vehicle as a motor vehicle for the purposes of the "Uniform Motor Vehicle Law" and the "Certificate of Title Act". These acts govern issuing a certificate of title, registering a motor vehicle, and the rules of the road for motor vehicles. The act authorizes a kei vehicle to operate on the roads and requires a kei vehicle to be issued a certificate of title, be registered, and obey motor vehicle traffic laws. Driving a kei vehicle on a roadway that has a speed limit greater than 55 miles per hour or on a limited-access highway is prohibited. For emissions testing, a kei vehicle is tested not using a dynamometer but using a 2-speed idle test. The vehicle must pass the emissions standards for the year it was manufactured. The department of revenue, the Colorado state patrol, and the agents or contractors of these agencies may not require a vehicle to have an inspection because it is a kei vehicle or has the design or manufacturing parameters of a kei vehicle. And a kei vehicle may not be declared not roadworthy because of its design or manufacturing parameters. Kei vehicles are included in the motor vehicle dealer and powersports vehicle dealer statutes, and this requires a person to be licensed as a dealer to sell kei vehicles at retail. (Note: This summary applies to this bill as enacted.)

Transportation

Signed into law May 9, 2025 0 co-sponsors

Co-sponsor SB 25-280

Failed · Colorado Senate · Co-sponsor

Data Center Development & Grid Modernization Act

The bill creates the data center development and grid modernization program (program) in the Colorado office of economic development (office). To facilitate efficient data center development and g rid modernization, the program allows tax and utility benefits to a data center operator that applies to the office to have a data center project certified at one of 2 levels and that satisfies certain eligibility criteria for certification. The first level of data center project certification created in the bill is base certification. In connection with base certification, the bill specifies that: To obtain base certification, a data center operator must commit, through the application process with the office, to making a $250 million minimum capital investment in data center facility construction and equipment within 5 years, creating 25 full-time jobs that satisfy specified criteria, and breaking ground on the data center project within 5 years of obtaining base certification; In addition to the investment and job creation requirements, to obtain base certification a data center operator must also commit to implementing basic grid support capabilities, obtaining certification under one of several energy efficiency standards, implementing water stewardship strategies that optimize operational water management, sourcing at least 50% of the data center project's energy consumption from renewable and clean sources, supporting clean integration by implementing energy storage solutions that align with the data center project's needs and operations, agreeing to certain post-certification requirements, and agreeing to submit annual compliance reports to the office; A data center operator must apply to the office, in a form and manner to be determined by the office, for base certification before taking action to satisfy any of the eligibility criteria; The office is required to review a data center operator's application for base certification and award base certification to data center operators that have demonstrated that they will satisfy the base certification criteria; A data center operator that obtains base certification for a data center project is eligible for a 100% sales and use tax exemption on the purchase, use, and storage of information technology infrastructure, data center infrastructure, and electrical grid enhancement equipment (qualified purchases) for 20 years from the date that the data center project was certified, so long as the data center project satisfies ongoing compliance requirements; and In addition to the sales and use tax credit, a data center operator that obtains base certification for a data center project is eligible for standard utility rate incentives as negotiated between the data center operator and the utility. The second level of data center certification created in the bill is enhancement certification. A data center operator that has obtained base certification for a data center project may apply for enhancement certification for the same data center. In connection with enhancement certification, the bill specifies that: To obtain enhancement certification, a data center operator must invest a minimum of $10 million in grid enhancement and modernization, invest in workforce development or other community benefit programs, agree to certain post-certification requirements, and agree to submit annual compliance reports to the office; A data center operator must apply to the office, in a form and manner to be determined by the office, for enhancement certification either before or after making the required minimum grid enhancement and modernization investment; The office is required to review a data center operator's application for enhancement certification and award enhancement certification to data center operators that have demonstrated that they will satisfy the enhancement certification criteria; For income tax years commencing on or after 2026, a data center operator that obtains enhancement certification for a data center project is eligible for an income tax credit in an amount equal to 10% of the amount of any grid enhancement and modernization investment made by the data center operator and an additional amount equal to 5% of the amount of such investment if the investment is made in a rural area (grid enhancement credit); A data center operator is not eligible to claim the grid enhancement credit until the data center operator has made the required minimum grid enhancement and modernization investment; and In addition to the grid enhancement credit, a data center operator that obtains enhancement certification for a data center project is eligible for enhanced utility benefits as negotiated between the data center operator and the utility. Before submitting an application for certification for a data center project, a data center operator is required to conduct and document a preliminary consultation with the utility that will provide electricity for the data center project regarding interconnection feasibility, capacity, and infrastructure requirements and obtain a written feasibility assessment from the utility. A data center operator is required to include the documentation of the consultation and the written feasibility assessment with an application to the office for certification of the data center project, and, if the data center project includes projects requiring review by the public utilities commission (commission), the commission is required to review specified aspects of the application. A certified data center project that necessitates a new customer load or co-located customer load that satisfies certain criteria (emerging new load) is eligible for targeted resource acquisition if the data center operator satisfies specified requirements. The bill specifies a process by which a utility regulated by the commission may submit a resource acquisition application to the commission to meet emerging new load needs. The bill also specifies how a utility may finance resources and infrastructure needs in connection with emerging new loads. After achieving base certification and enhancement certification, a data center operator may apply to the office for certain benefit extensions for the sales and use tax exemption allowed to data center operators that have obtained base certification, for the grid enhancement credit allowed to data center operators that have obtained enhancement certification, and for the utility benefits negotiated between the data center operator and the utility. If the office determines that a data center operator is not fulfilling its obligations and commitments to retain base certification or enhancement certification, the office is required to revoke the certification and the data center operator is required to repay the state for the tax benefits that it received. (Note: This summary applies to this bill as introduced.)

Budget & Taxes Energy

Failed May 8, 2025 1 co-sponsor

Co-sponsor HJR 25-1028