Sen. Jeff Bridges

The act relocates the just transition office (office) from the division of employment and training in the department of labor and employment to the office of the executive director of the department of labor and employment. The act changes the deadline for the office to expend money in the just transition cash fund (fund) from state fiscal year 2023-24 to state fiscal year 2029-30. The act modifies the types of programs that the office supports using money from the fund. APPROVED by Governor May 31, 2024 EFFECTIVE May 31, 2024(Note: This summary applies to this bill as enacted.)

The act requires a court to award reasonable attorney fees to a prevailing governmental entity in an action for judicial review of a local land use decision involving residential use with a net project density of 5 dwelling units per acre or more, except for an action brought by the land use applicant before the governmental entity. Filing an action for judicial review of a local land use decision does not affect the validity of the local land use decision. The act authorizes a governmental entity and the public to rely on the local land use decision in good faith for all purposes until the action for judicial review is resolved. APPROVED by Governor May 30, 2024 EFFECTIVE May 30, 2024(Note: This summary applies to this bill as enacted.)

The act creates a pilot program for an income tax credit for owners of qualified housing developments focused on rental housing for middle-income individuals and families. Middle-income individuals and families have an annual household income between 80% and 120% of the area median income of the households of the same size in the county in which the housing development is located; except that, for rural resort counties, the annual income is between 80% and 140% of the respective area median income. During the calendar years commencing on January 1, 2025, and ending on December 31, 2029, the owner of a qualified housing development may be allocated a credit by the Colorado housing and finance authority (CHFA). The amount of the credit is determined by CHFA. The allocation of credits must follow CHFA's published allocation plan and the aggregate amount of credits allocated in one calendar year, not including any unallocated credits from preceding years that may be allocated, cannot exceed: $5 million for calendar year 2025; $5 million for calendar year 2026; $10 million for calendar year 2027; $10 million for calendar year 2028; and $10 million for calendar year 2029. The aggregate amount of any unallocated credits remaining as of December 31, 2029, is added to the amount of credits that CHFA may allocate for the state affordable housing tax credit. The allocated credit amount may be used to offset a qualified taxpayer's income taxes each year for a period of 5 years, beginning in the year that the qualified housing development is placed in service. Although the credit may only be claimed for a 5-year period, the owner is required to provide middle-income housing in the qualified housing development for 15 years. A portion of the credit may be recaptured under certain conditions, for instance when the owner reduces the number of units serving middle-income individuals and families. In addition, the credit is allowed against insurance premium taxes for eligible taxpayers that are not subject to income taxes. A governmental or quasi-governmental entity, including the middle-income housing authority, may be allocated a credit if it owns a qualified housing development. A credit allocated to a governmental or quasi-governmental entity is subject to the same conditions, allocation rights, and recapture as a credit allocated to a qualified owner; except that a governmental or quasi-governmental entity may also transfer credits to any qualified taxpayer. The act also requires CHFA to annually report on the middle-income housing tax credit pilot program to the general assembly, to make the report publicly available, and, as part of CFHA's final annual report, to provide certain information summarizing the overall success of the pilot program. The middle-income housing tax credit is repealed on January 1, 2055. APPROVED by Governor May 30, 2024 EFFECTIVE May 30, 2024(Note: This summary applies to this bill as enacted.)

Under current law, an original equipment manufacturer of agricultural equipment or a powered wheelchair is required, upon request, to provide parts, tools, documentation, and other resources to independent repair providers and owners of the manufacturer's agricultural equipment or powered wheelchairs to facilitate an independent repair provider's or owner's diagnosis, maintenance, or repair of a piece of agricultural equipment or a powered wheelchair (right-to-repair statutes). Failure to comply with the right-to-repair statutes is a deceptive trade practice. Beginning January 1, 2026, the act expands the scope of the right-to-repair statutes to include digital electronic equipment manufactured and sold or used for the first time in Colorado on or after July 1, 2021. However, the act includes many exemptions, including exemptions for marine vessels, aviation, and motor vehicles; medical devices other than powered wheelchairs; certain safety and security equipment; certain construction- and energy-related equipment; and video game consoles. For digital electronic equipment manufactured and sold or used in Colorado for the first time after January 1, 2026, the act prohibits a manufacturer from using parts pairing in a manner that: Prevents an independent repair provider or owner from installing or enabling replacement parts; Reduces the functionality or performance of the digital electronic equipment; or Causes digital electronic equipment to display misleading alerts or warnings about unidentified parts. Parts pairing may still be used for digital electronic equipment to record, catalog, and display information related to repairs done and for standalone biometric components used for authentication purposes. Additionally, the act: Does not require a manufacturer to distribute a product's source code or make available documentation, tools, or parts that would disable or override privacy or anti-theft security measures or that the manufacturer only uses to perform virtual diagnostic services at no cost; and Requires an independent repair provider, before providing services for digital electronic equipment, to provide an owner with notice indicating that the independent repair provider is not an authorized repair provider of the manufacturer and whether the provider uses any new or used replacement parts from a supplier other than the manufacturer. APPROVED by Governor May 28, 2024 EFFECTIVE January 1, 2026(Note: This summary applies to this bill as enacted.)

The act creates 2 tax incentives to support the development of the quantum technology ecosystem in the state. Neither of the tax credits created in the act are allowed to any qualified applicant unless a Colorado-based entity receives a multi-million dollar federal grant from the economic development administration for the regional technology and innovation program or a comparable federal grant program. Section 2 of the act creates a 100% refundable income tax credit for qualifying investments in fixed capital assets as part of a coordinated plan to create a shared quantum facility (facility credit) for income tax years commencing on or after January 1, 2025, but before January 1, 2033. The amount of the facility credit is equal to the amount of the qualifying investment made by a qualified applicant for an eligible project; except that the maximum aggregate amount of all facility credits is $44 million. In addition, the maximum aggregate amount of facility credits that may be claimed in the taxable year in which the eligible project is placed in service is $24 million. If qualified applicants are issued more than an aggregate of $24 million in facility credits, the qualified applicants may claim the credits in future taxable years, subject to a specified limit on the amount of the credit that may be claimed in a single taxable year. A qualified applicant may be a consortium of entities that are jointly participating in creating a shared quantum facility. An eligible project is a project to create a shared quantum facility, which is a primary place in the state where an applicant performs activities and provides the economic benefits related to quantum business and that is approved as an eligible project by the office of economic development (office). The act details a process for claiming the facility credit that requires: The submission by a qualified applicant to the office of an application for a facility credit reservation; Preliminary and final review of the application and approval of the request for a facility credit reservation by the office; Issuance of a facility credit reservation to the qualified applicant by the office; Completion of the eligible project and certification by the qualified applicant of the qualified applicant's qualifying investments; Review of the eligible project and qualifying investments by the office; Issuance of a tax credit certificate by the office; Filing of the tax credit certificate with the department of revenue with the qualified applicant's tax return or informational return; and Recapture of the credit if the eligible project is not used for a use that makes it an eligible project during a specified compliance period. Section 3 creates a 100% refundable income tax credit to offset losses incurred by a qualified applicant in connection with a registered loan to a quantum company (loan loss credit) for income tax years commencing on or after January 1, 2026, but before January 1, 2046. A qualified applicant is a commercial bank, depository institution, private lending fund, or other entity that makes loans for commercial purposes to a quantum company that satisfies certain income and other criteria (eligible loan). The administrator of the loan loss credit (administrator) may be the office, or the office may contract with a third-party program administrator to administer the credit. The administrator is required to determine the method by which the loan loss credit will be distributed to qualified applicants. The distribution method may be on a first-come, first-served basis or based on a competitive lender selection process where the administrator chooses which lenders are eligible to apply for the loan loss credit. A qualified applicant is required to register any loan that is the basis of a loan loss tax credit with the administrator and is not eligible to claim the loan loss credit until the qualified applicant has incurred a loss in connection with a registered loan. The amount of the loan loss credit is an amount up to 15 cents for every dollar of an eligible loan that the qualified applicant has made or will make; except that the maximum aggregate amount of all loan loss credits is $30 million. In addition, subject to specified requirements and, if the administrator is not the office, the approval of the office, the administrator may establish policies and procedures to set the amount of the loan loss credit below 15 cents for every dollar loaned, change the amount of the loan loss credit from time to time, or cap the total amount of loan loss credits issued to a qualified applicant. Each qualified applicant that is issued more than one loan loss credit certificate is required to hold all the loan loss credit certificates that were issued to the qualified applicant in a pooled loan loss reserve. A qualified applicant may use all or any portion of the loan loss credit certificates issued to that qualified applicant to offset any loss incurred by that qualified applicant in connection with one or more registered loans. The act details a process for claiming the loan loss credit that requires: Submission of an application for a loan loss credit certificate and a request that the administrator register an eligible loan; Preliminary and final review of the application and registration of eligible loans by the administrator; Issuance of a loan loss tax credit certificate to a qualified applicant; Periodic updates to the administrator by a qualified applicant that was issued a loan loss credit certificate regarding the status of each of the qualified applicant's registered loans; Application to the administrator for a registered loan loss certificate after a qualified applicant incurs a loss in connection with a registered loan; Review of information regarding the loan by the administrator and issuance of a registered loan loss certificate to the qualified applicant; and Filing the loan loss credit certificate and the registered loan loss certificate with the department of revenue with the qualified applicant's tax return or informational return. The administrator of the loan loss credit may impose a registration and issuance fee on a qualified applicant or on the borrower to which a qualified applicant made an eligible loan. The administrator is required to credit any fee revenue to the quantum business loan loss reserve cash fund, which is created in the act and is exempted, in section 3, from the restriction on the statutory amount of authorized cash fund reserves. The office and the administrator are required to annually report to the general assembly regarding the facility credit and the loan loss credit and may, after soliciting advice from the department of revenue and quantum industry participants, create and modify policies and procedures as necessary to implement the facility credit or the loan loss credit, as applicable. For the 2024-25 state fiscal year, $90,255 is appropriated to the office of the governor from the general fund for use by economic development programs for the implementation of the act. APPROVED by Governor May 28, 2024 EFFECTIVE May 28, 2024(Note: This summary applies to this bill as enacted.)

The act requires the university of Colorado and Colorado state university, in collaboration with the division of administration (division) in the department of public health and environment (department), to: On or before October 1, 2024, start to conduct a feasibility study of the use of green infrastructure, which refers to interconnected networks of green spaces for water quality management solutions that are an alternative to traditional gray infrastructure, which refers to centralized water quality treatment facilities, and the use of green financing mechanisms for water quality management; Complete the feasibility study on or before April 1, 2026; and Establish up to 3 pilot projects in the state to demonstrate the use of green infrastructure and the financing of an alternative compliance program. Each pilot project may be operated for up to 5 years and the universities may provide technical assistance to the operator of a pilot project. On or before November 1, 2026, the division, in coordination with the universities, is required to submit a report and, on or before February 1, 2027, present the report to the water resources and agriculture review committee. The report and presentation must concern the progress of the feasibility study and any pilot projects and on any legislative and administrative recommendations to promote the use of green infrastructure and green financing mechanisms for water quality management in the state. APPROVED by Governor May 24, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

The act authorizes the department of education (department) to commission a financial study (study) with an independent contractor to analyze the costs to the state and school districts, district charter schools, institute charter schools, and boards of cooperative services (local education providers) and potential cost savings to provide students the opportunity to obtain college credits, industry credentials, and work-based learning experiences. The study must also include an analysis of the effects of consolidating certain postsecondary and workforce readiness programs. The department shall submit the report by December 1, 2024, including recommendations for implementation in the 2025-26 state budget year. The act requires the office of information technology (office) to build, or contract with a third-party vendor to build, the Colorado statewide longitudinal data system (data system) to establish a consistent, appropriate, secure, and legal means of data sharing and connecting multiple data sets into the data system to support effective state investments, inform policy research, and assist Colorado citizens in making choices related to their education and training pathways. The office shall work with contributing state agencies, local education providers, institutions of higher education, partner entities, and policymakers. The act creates the Colorado state longitudinal data system governing board (governing board) to support the office with the development and implementation of the data system. The governing board is required to convene the systems build and implementation interagency advisory group and the sustainability interagency advisory group to support and advise the governing board on the technical development, implementation, use, and function of the data system. The act requires the office to submit an interim report on or before January 15, 2025, on the progress of the data system, the data governance processes and procedures, and recommendations for legislative changes and funding, as necessary, to the general assembly, the state board of education, and the governor. Beginning April 15, 2026, and each April 15 thereafter, the office shall submit an annual report summarizing key findings from the data system on education and workforce outcomes and education and workforce readiness to the general assembly, the state board of education, and the governor. The act creates the statewide longitudinal data system cash fund (cash fund). On July 1, 2024, the state treasurer shall transfer $5 million to the cash fund for purposes of the data system. Subject to annual appropriation by the general assembly for the 2024-25, 2025-26, and 2026-27 state fiscal years, the office and the department may expend money from the cash fund for purposes of the data system. The state treasurer shall transfer all unexpended and unencumbered money in the cash fund to the general fund on September 1, 2027. The act appropriates $4,432,419 from the cash fund to the office for purposes of the data system. The act appropriates $800,005 from the general fund to the department for purposes of the study. The act appropriates $202,992 from the cash fund to the department for purposes of the data system. APPROVED by Governor May 23, 2024 EFFECTIVE May 23, 2024(Note: This summary applies to this bill as enacted.)

In 2022, the general assembly created the federal Indian boarding school research program (program) in the state historical society, commonly known as history Colorado to conduct research regarding the physical abuse and deaths that occurred at federal Indian boarding schools in Colorado and required history Colorado, in consultation with the Colorado commission of Indian affairs, the Southern Ute Indian Tribe, and the Ute Mountain Ute Tribe to develop recommendations to better understand the abuse that occurred and to support healing in tribal communities. As initially scheduled, the program was repealed on December 31, 2023. The act recreates and reenacts the program, with modifications, and requires the general assembly to appropriate $1 million from the general fund, divided in equal annual payments for fiscal years 2024-25, 2025-26, and 2026-27, to the state historical society with authority to carry forward any unexpended or unencumbered money at the end of the state fiscal year for which it was appropriated to subsequent fiscal years without further appropriation to implement the recommendations developed. APPROVED by Governor May 23, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

The act creates the out-of-school time program grant program (grant program) to provide grants to eligible 501 (c)(3) nonprofit organizations to provide academic enrichment and related services to public school students during times when school is not in session. The department of education (department) is required to administer the grant program. Grants must be used for: Academic enrichment; Opportunities for development in literacy, science, technology, engineering, mathematics, and other subject matters for students and families; A safe learning environment and resources to increase student engagement in school and reduce chronic absenteeism; Programs and services that provide a well-rounded education and are designed to reinforce and complement school-based academic programs, including youth development activities, art, music, outdoor programs, recreational programs, technology education programs, physical health activities, and social and emotional wellness services; and Opportunities to develop meaningful workforce readiness and life skills. Grantees are required to annually report to the department, and the department is required to annually provide a report to the education committees of the house of representatives and the senate. For the 2024-25 state fiscal year, the act appropriates $3.5 million from the general fund to the department for the grant program. The act requires the general assembly to appropriate $3.5 million to the department for the grant program in the 2025-26 and 2026-27 state fiscal years. APPROVED by Governor May 23, 2024 EFFECTIVE August 7, 2024(Note: This summary applies to this bill as enacted.)

Under existing law, the general assembly may annually appropriate up to $450,000 from the severance tax operational fund to the conservation district grant fund. The act increases the maximum amount to $700,000. The act makes the following one-time transfers: $18,259,805 from the severance tax operational fund to the general fund on June 30, 2025; $26,086,559 from the severance tax perpetual base fund to the general fund on July 1, 2024; and $25 million from the local government severance tax fund to the general fund on July 1, 2024. The act appropriates $250,000 from the severance tax operational fund to the department of agriculture. APPROVED by Governor May 22, 2024 EFFECTIVE May 22, 2024(Note: This summary applies to this bill as enacted.)