Sen. Jeff Bridges

For the 2022-23 state fiscal year, the act transfers from the general fund: $5,592,930 to the capital construction fund; $4,908,395 to the real estate proceeds account that is used, subject to annual appropriation, by the adjutant general of the state for capital construction related to armories; and $499,500 to the information technology capital account of the capital construction fund. APPROVED by Governor March 3, 2023 EFFECTIVE March 3, 2023(Note: This summary applies to this bill as enacted.)

Water Resources and Agriculture Review Committee. The bill creates a task force to study the feasibility of implementing water storage in the form of snow in high-altitude areas of the state (task force). The task force must submit a report to the water resources and agriculture review committee on or before June 1, 2024, which report: Describes the feasibility of implementing high-altitude water storage in Colorado; Describes findings and recommendations regarding issues considered by the task force; and Describes any legislative proposals associated with the implementation of high-altitude water storage in Colorado, including identification of any state agencies that will be responsible for implementing legislative directives and identification of funding sources. The task force is repealed, effective December 1, 2024. (Note: This summary applies to this bill as introduced.)

The act implements the recommendations of the department of regulatory agencies' sunset review and report on the education data advisory committee (EDAC) by continuing the committee indefinitely. EDAC is granted authority to designate whether a data reporting request is mandatory, required to achieve a benefit, or voluntary. If there is a difference in designation between EDAC's determination and that of the department of education, the state board of education will hold a public hearing on the issue. (Note: This summary applies to this bill as enacted.)

Current law declares that a covenant not to compete that restricts the right of any person to receive compensation for performance of labor for any employer is void, with certain exceptions. The act adds exceptions for: A covenant not to compete governing a person who, at the time the covenant not to compete is entered into and at the time it is enforced, earns an amount of annualized cash compensation equivalent to or greater than the threshold amount for highly compensated workers, if the covenant not to compete is for the protection of trade secrets and is no broader than is reasonably necessary to protect the employer's legitimate interest in protecting trade secrets; and A covenant not to solicit customers governing a person who, at the time the covenant is entered into and at the time it is enforced, earns an amount of annualized cash compensation equivalent to or greater than sixty percent of the threshold amount for highly compensated workers if the nonsolicitation covenant is no broader than reasonably necessary to protect the employer's legitimate interest in protecting trade secrets. Additionally, if the employer provides proper notice of the covenant not to compete to the worker or prospective worker, the following covenants are not prohibited: A provision providing for recovery of the expense of educating and training a worker where the training is distinct from normal, on-the-job training, the employer's recovery is limited to the reasonable costs of the training and decreases over the course of the two years subsequent to the training proportionately based on the number of months that have passed since the completion of the training, and recovery for the costs of the training would not violate federal law; A reasonable confidentiality provision relevant to the employer's business that does not prohibit disclosure of information that arises from the worker's general training, knowledge, skill, or experience, whether gained on the job or otherwise, information that is readily ascertainable to the public, or information that a worker otherwise has a right to disclose as legally protected conduct; A covenant for the purchase and sale of a business or the assets of a business; or A provision requiring the repayment of a scholarship provided to an individual working in an apprenticeship if the individual fails to comply with the conditions of the scholarship agreement. The act prohibits an employer from entering into, presenting to a worker or prospective worker as a term of employment, or attempting to enforce any covenant not to compete that is void under the act. An employer who violates this provision is subject to a penalty of $5,000 for each worker or prospective worker, injunctive relief, and actual damages. In a private right of action, an employer may also be required to pay reasonable costs and attorney fees. (Note: This summary applies to this bill as enacted.)

The act requires the behavioral health administration (BHA) in the department of human services (department) to create and implement a behavioral health-care provider workforce plan on or before September 1, 2022. The plan must: Include recruitment methods to increase and diversify the behavioral health-care provider workforce; Require the BHA to partner with the department of higher education to better prepare the future behavioral health-care provider workforce for public sector service, to develop paid job shadowing and internship opportunities, and to develop partnerships with learning facilities and training centers; Include strategies for the BHA to work with community colleges and other institutions of higher education to recruit residents of health professional shortage areas, with the goal of educating these individuals in behavioral health-care fields so that they will return to practice in areas of need; In collaboration with institutions of higher education, the community college system, the department of higher education, and the work force development council, create a new program to help behavioral health-care providers advance in their respective fields; Require the BHA to expand the peer support professional workforce; Include proposals to work with law enforcement organizations to cross-train first responders in behavioral health, increase cultural competencies, and reduce the stigma of receiving mental health services; and Through an interagency agreement with other state agencies, raise awareness among health-care providers concerning opportunities to invest in and strengthen their behavioral health-care staff. The act requires the division of professions and occupations in the department of regulatory agencies (DORA) to make recommendations to expand the portability of existing credentialing requirements and behavioral health-care practice through telehealth. The act requires the BHA to: In collaboration with DORA, establish workforce standards that strengthen the behavioral health-care provider workforce and increase opportunities for unlicensed behavioral health-care providers; Work with other state agencies to reduce the administrative burden across agencies to ensure behavioral health-care providers have additional time to focus on patient care; Collaborate with other state agencies on behavioral health-care issues; Use the learning management system to develop and implement a comprehensive, collaborative, and cross-system training certification and training curriculum of evidence-based treatment and evidence-based criminal justice approaches for behavioral health-care providers working in programs to obtain a criminal justice treatment provider endorsement; and Develop methods to strengthen Colorado's current behavioral health-care provider workforce. In 2023 and 2024, the department is required to provide an overview of the BHA's progress toward addressing the behavioral health-care provider workforce shortage during the hearings held prior to the regular session of the general assembly under the "SMART Act". On or before January 1, 2023, and January 1, 2024, the community college system is required to submit a report to the BHA that includes a summary of the behavioral health career pathway and it implementation. Pursuant to the relief authorized by the federal American Rescue Plan Act of 2021, for the 2022-23 state fiscal year, the act, appropriates the following amounts from the behavioral and mental health cash fund for the purposes of the act: $36,806,984 to the department for use by the BHA; $20,000,000 to the department of public health and environment for use by the primary care office to provide loan repayment and scholarships for behavioral health-care providers and candidates for licensure who are participating in the Colorado health service corps; and $15,193,018 to the department of higher education.(Note: This summary applies to this bill as enacted.)

The office of information technology (office) is required to initiate the procurement of information technology (IT) resources and is required to participate in other IT procurement-related activities on behalf of a state agency; except that a state agency may initiate solicitations and contracts for IT resources with prior approval of the procurement official of the office. If a state agency does not receive written approval or disapproval from the procurement official for the office within 30 business days after submitting a procurement request to the office for review, the state agency may assume that it has received the prior approval of the office and is authorized to initiate the procurement or solicitation process. The balance of the existing technology risk prevention and response fund (fund) is capped at $50 million. The office may contribute money to the fund from the operations and maintenance fees associated with the billing practices of the office. Any money appropriated from the general fund to the office or a state agency for the procurement of IT resources or projects that is unexpended or unencumbered at the end of a fiscal year as a result of savings achieved in connection with such procurement must be transferred to the fund. A contract for the licensing of software applications that are designed to run on generally available desktop or server hardware cannot limit a governmental body's ability to install or run the software on the hardware of the governmental body's choosing. (Note: This summary applies to this bill as enacted.)

The act requires the Colorado water conservation board (board) to develop a statewide program to provide financial incentives for the voluntary replacement of irrigated turf with water-wise landscaping (turf replacement program). The act defines water-wise landscaping as a water- and plant-management practice that emphasizes using plants with lower water needs. Local governments, certain districts, Native American tribes, and nonprofit organizations with their own turf replacement programs may apply to the board for money to help finance their turf replacement programs. The board will contract with one or more third parties to administer one or more turf replacement programs in areas where local turf replacement programs do not exist. The state treasurer is required to transfer $2 million from the general fund to the turf replacement fund, which fund is created to finance the turf replacement program. The money is appropriated to the department of natural resources for use by the board to implement the turf replacement program, with $11,400 of the money reappropriated to the office of the governor for use by the office of information technology to provide information technology services to the department of natural resources. (Note: This summary applies to this bill as enacted.)

The legislative oversight in connection with any telecommunications coordination within state government is moved from the joint technology committee of the general assembly to the department of public safety's legislative oversight committee pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act". On July 1, 2023, the powers, duties, and functions related to public safety telecommunications coordination within state government (public safety communications) are transferred from the chief information officer in the office of information technology to the department of public safety (department). The transferred powers, duties, and functions are allocated to the division of homeland security and emergency management (division) in the department. In addition, employees, property, and policies of the office of information technology related to public safety communications are transferred to the division on July 1, 2023. The office of public safety communications (office) and the director of the office are created in the division. The public safety communications revolving fund (revolving fund) is also created. The money in the revolving fund is continuously appropriated to the office to pay the direct and indirect costs, including personal services and operating costs, associated with administering public safety communications. The office is required to develop a method for billing users of the office's services the full cost of the services. The billing method is required to be implemented on or before July 1, 2023. Revenue generated from such billing is credited to the revolving fund. The office is authorized to seek, accept, and expend gifts, grants, donations, and bequests from private or public sources for the direct and indirect costs associated with administering public safety communications. The existing state public safety communications network is relocated to the office. The act specifies the duties and responsibilities of the director of the office that were formerly the duties and responsibilities of the chief information officer of the office of information technology. The duties and responsibilities include: Formulating recommendations for a current and long-range public safety communications plan and administering the plan; Reviewing all existing and future state-owned public safety communications applications, planning, networks, systems, programs, equipment, and facilities and establishing priorities for those applications; Approving or disapproving the acquisition of public safety communications equipment by any state entity; Establishing and enforcing public safety communications policies, procedures, standards, and records for management of public safety communications networks and facilities for all state entities; Reviewing, assessing, and ensuring compliance with federal and state public safety communications regulations pertaining to the needs and functions of state entities; Advising the governor and general assembly on public safety communications matters; Administering the public safety communications trust fund; Adopting recommended standards for the replacement of analog-based radio equipment with digital-based radio equipment for purposes of dispatching and related functions within the department of public safety; and For purposes of serving the radio communications needs of state departments, adopting standards and policies and setting a recommended timetable for the replacement of existing radio public safety communications equipment with a system that satisfies the requirements of the federal communications commission public safety national plan. The director of the office may enter into contracts, formerly entered into by the chief information officer, with specified public entities and may act as a public safety communications network provider to provide public safety radio communications between or among 2 or more counties or state agencies. The act specifies when users of public safety radio systems, including public entities and privately owned businesses, will be charged fees for the service, including the cost of material, labor, and overhead. The executive director of the department is required to exercise the powers, duties, and functions regarding the existing tactical and long-term interoperable communications plan to improve the ability of the public safety agencies of state government to communicate with public safety agencies of the federal government, regions, local governments, and other states. The director of the office is required to update and revise the tactical and long-term interoperable communications plan at least once every 3 years. The act relocates the existing public safety communications trust fund, specifies the sources of money in the trust fund, specifies the purposes for which money in the trust fund must be used, and requires $7,250,000 to be transferred from the general fund or any other fund to the trust fund during state fiscal years 2023-24 and 2024-25. The chief information officer is required to begin the transfer of the public safety telecommunications program to the department of public safety on July 1, 2022. (Note: This summary applies to this bill as enacted.)

The Colorado constitution allows a qualifying senior or a veteran who has a service-connected disability rated as a 100% permanent disability to claim a property tax exemption for 50% of the first $200,000 of actual value of the qualifying senior's or veteran's owner-occupied primary residence. The concurrent resolution extends eligibility for the exemption to the surviving spouse of a United States armed forces service member who died in the line of duty or veteran whose death resulted from a service-related injury or disease as determined by the United States department of veterans affairs, if the surviving spouse is a recipient of dependency indemnity compensation awarded by the United States department of veterans affairs pursuant to applicable federal law. (Note: This summary applies to this concurrent resolution as adopted.)

The act creates the Colorado career advisor training program in the department of education to provide training programs and courses to Colorado career advisors. The department of education, in coordination with the department of higher education, department of labor and employment, Colorado workforce development council, and the Colorado community college system, administers the program. The act appropriates $1 million from the general fund to the department of education. (Note: This summary applies to this bill as enacted.)