Sen. Chris Hansen

The act requires the state treasurer to make 2 payments of $6,650,000 to the fire and police pension association for it to deposit in the statewide death and disability trust fund. The first payment on July 1, 2022, is from the general fund, and the second payment on July 1, 2023, is from the newly created death and disability payment cash fund, which consists of money transferred from the general fund on July 1, 2022. (Note: This summary applies to this bill as enacted.)

The state is authorized to enter into one or more financed purchase of an asset or certificate of participation agreements for the implementation costs of the Colorado operations resource engine upgrade and continuous improvement project. The office of information technology (office) and the department of personnel (department) are required to ensure that the Colorado operations resource engine system includes any functionality that the legislative branch deems to be of particular importance or promptly explain why such functionality cannot be incorporated. The office and the department are also required to report to the joint technology committee and the joint budget committee regarding their progress on the project in a format and at time intervals specified by the joint technology committee and the joint budget committee in writing. (Note: This summary applies to this bill as enacted.)

The executive director of the department of personnel (executive director) is required to: Create requirements regarding the authority for state public entities to initiate requests for proposals or bids or to review any private partner-initiated proposals for public projects to be completed through public-private partnerships; Create requirements regarding the authority for state public entities to execute public-private partnership agreements for public projects; Further define any relevant terms defined in the act; and Develop cost thresholds for public projects that qualify as a public-private partnership or a public-private agreement. The public-private collaboration unit is established in the department of personnel (department). The unit is required to: In coordination with relevant state public entities, identify, prioritize, and advance potential public projects that may be best delivered through a public-private partnership; Facilitate collaboration between state public entities and private partners in connection with public projects; Provide technical assistance and expertise to state public entities in connection with any aspect of proposed or approved public-private partnerships; Create best practices that incorporate lessons learned from other public-private partnerships for every stage of the life cycle of a public-private partnership; Conduct public and stakeholder engagement to encourage transparency, accountability, and information sharing regarding public-private partnerships; Track proposed, ongoing, and completed public-private partnerships; Attract private investments for public projects; and In coordination with the department of early childhood, distribute funding to help increase the supply of child care facilities using public buildings or other appropriate public assets. For the 2023-24 state fiscal year and for each state fiscal year thereafter, money is appropriated from the general fund to the department for the standard operating expenses of the public-private collaboration unit, including personal services and related costs. A state public entity is authorized to initiate solicitations, review any private partner-initiated proposals, execute public-private partnership agreements, or execute public-private agreements to develop or operate a public project subject to the requirements of the act. Any public-private agreement entered into pursuant to the act must comply with applicable state laws and processes developed by the executive director. Nothing in the act prohibits, limits, or otherwise modifies the specific statutory authority of state public entities to enter into a public-private partnership, a public-private agreement, or other agreement or to use a statutory mechanism as authorized by any other provision of law. Public-private partnerships authorized by the act are exempt from the state "Procurement Code". The Colorado economic development commission is required to establish a public-private partnership subcommittee (subcommittee) to review proposed contracts, sales, and leases of state property. The subcommittee consists of at least 3 members of the commission as selected by the commission. A state public entity that intends to enter into a contract, sale, or lease of state property is required to submit the proposed contract, sale, or lease of state property to the subcommittee for review before entering into the contract, sale, or lease of state property. The state public entity, in coordination with the Colorado economic development commission staff, is required to submit a report to the subcommittee regarding the anticipated use of the state property. The subcommittee is required to review the report and make any recommendations it deems necessary to the state public entity. The executive director is required to annually report on the implementation and use of public-private partnerships pursuant to the act at its presentation to its committee of reference at a hearing held pursuant to the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act". The executive director is also required to submit the report to the joint budget committee. The existing definition of "unused state-owned real property" is modified to require that the unused state-owned real property be identified in the inventory list of unused state-owned real property maintained by the department and that the property is not being used at its optimal or best use. Money in the existing unused state-owned real property fund is continuously, rather than annually, appropriated to the department for existing purposes and for public-private agreements and any associated costs of the agreements. The state, by and through the division of employment and training the department of labor and employment, is authorized to dispose of a parcel of real property in Summit County. The proceeds must be credited to the employment support fund. (Note: This summary applies to this bill as enacted.)

The act: Amends the existing authority of the division of unemployment insurance (division) to issue bonds by clarifying that the division may issue the bonds through the state treasurer and granting the division the authority to levy bond assessments; Makes a temporary increase in partial unemployment benefits provided in current law permanent; Repeals the requirement that an individual wait at least one week before becoming eligible for unemployment compensation. This repeal will take effect when the unemployment compensation fund reaches a balance of at least $1 billion. Requires the division to study how to implement a dependent allowance for individuals receiving unemployment compensation. Requires the department of labor and employment to award grants to one or more third-party administrators for the purpose of providing recovery benefits to eligible individuals. The grants to the third-party administrators and the recovery benefits are funded through .00035 of the premium each employer is required to submit to the division. Provides that an individual is eligible to receive recovery benefits if the individual, regardless of the individual's immigration status: Separated from employment through no fault of the individual; received income from employment during a qualified base period or alternative base period; attests that the individual is not currently receiving any state-administered wage replacement assistance; is not eligible for state-administered wage replacement assistance for reasons related to the individual's authorization to work; and has a pay stub or form W-2 to verify the individual's employment and wage withholding. Requires an employer to provide an employee with certain information about unemployment compensation upon the employee's separation from employment; Extends the hold on an employer's solvency surcharge through calendar year 2023; Requires the state treasurer to transfer $600 million to a newly created fund. The transfer is from money received by the state through the federal "American Rescue Plan Act of 2021". The money in the fund may be used only to repay the outstanding balance of federal advances provided to the state through the unemployment insurance trust fund and interest owed on the advances. Sets forth factors that the division must consider in determining whether the repayment of overpaid unemployment compensation benefits repayment would be inequitable.(Note: This summary applies to this bill as enacted.)

On July 1, 2022, the state treasurer is required to transfer $198,470,883 from the general fund to the PERA payment cash fund. (Note: This summary applies to this bill as enacted.)

For the 2023 property tax year: Section 1 of the act reduces the valuation for assessment of nonresidential property, excluding agricultural and renewable energy production nonresidential property, from 29% of the actual value of the property to 27.9% of the actual value of the property; Section 2 reduces the valuation for assessment of residential property, including multi-family residential property, to 6.765% of the actual value of the property; and Sections 1 and 3 reduce the actual value used for purposes of the valuation for assessment of commercial real property by $30,000 and of residential real property by $15,000, but in either case to no less than $1,000. For the 2024 property tax year: Section 1 continues the valuation for assessment of real and personal property that is classified as agricultural property or renewable energy production property at 26.4% of the actual value of the property; Section 2 establishes the valuation for assessment for all residential real property other than multi-family residential real property as the percentage of the actual value of such property determined by a calculation made by the property tax administrator as required by section 4; and Section 2 also establishes the valuation for assessment for multi-family residential real property as 6.8% of the actual value of the property. Section 4 requires the adjustment of the ratio of valuation for assessment for all residential real property other than multi-family residential real property for the 2024 property tax year so that the aggregate decrease in local government property tax revenue during the 2023 and 2024 property tax years, as a result of the act, equals $700 million. Section 5 requires the state treasurer to reimburse counties for the reduction in property tax revenue resulting from the act during the 2023 property tax year and requires the property tax administrator, using information provided by each county treasurer, to report this amount to the general assembly. The state treasurer is required to fully reimburse any county that: Had an increase of less than 10% in assessed value of real property between the 2022 and 2023 property tax years; and Has a population of 300,000 or fewer. The state treasurer is also required to reimburse a county 90% of the amount of the reduction if the county: Had an increase of 10% or more in assessed value of real property between the 2022 and 2023 property tax years; and Has a population of 300,000 or fewer. Lastly, the state treasurer is also required to reimburse any county that does not qualify for full or 90% reimbursement 65% of the amount of the reduction excluding the aggregate decrease in local government property tax revenue during the 2023 and 2024 property tax years, as a result of the act for municipalities, fire districts, health services districts, water districts, sanitation districts, school districts, and library districts in those counties. If municipalities, fire districts, health services districts, water districts, sanitation districts, and library districts in those counties had an increase of less than 10 % in assessed value of real property between the 2022 and 2023 property tax years, the state treasurer is required to reimburse the entire amount of the aggregate decrease in local government property tax revenue for those local governmental entities during the 2023 property tax years, as a result of the act. If municipalities, fire districts, health services districts, water districts sanitation districts, and library districts in those counties had an increase of 10% or more in assessed value of real property between the 2022 and 2023 property tax years, the state treasurer is required to reimburse 90% of the aggregate decrease in local government property tax revenue for those local governmental entities during the 2023 property tax years, as a result of the act. County treasurers must then distribute these reimbursements to the local governmental entities, excluding school districts, within the treasurer's county as if the revenue had been regularly paid as property tax. The lesser of $240 million of reimbursement or the amount of reimbursement that can be paid from such excess state revenues must be paid as a refund of state fiscal year 2022-23 excess state revenues that are not being refunded through specified existing refund mechanisms, and the rest of the reimbursement must be paid from the general fund. For school districts, section 6 requires the state treasurer to transfer $200 million from the general fund to the state public school fund to offset school district property tax revenue reductions. Section 5 also requires the property tax administrator to prepare a report that identifies the aggregate reduction in local government property tax revenue during the 2023 property tax year resulting from the act. (Note: This summary applies to this bill as enacted.)

Current law prohibits a person who is under 18 years of age from using a mobile electronic device when driving. The bill applies the prohibition to a person who is 18 years of age or older unless the person is using a hands-free accessory. The following uses are exempted: By a person reporting an emergency to state or local authorities; By an employee or contractor of a utility services provider when responding to a utility emergency; By a person operating a commercial truck when using a mobile data terminal that transmits and receives data; By a first responder; or By a person in a motor vehicle that is lawfully parked. The penalties for a violation are: For a first offense, $150 $75 and 2 license suspension points; For a second offense within 24 months, $250 $150 and 3 license suspension points; and For a third or subsequent offense within 24 months, $500 $250 and 4 license suspension points. It is an affirmative defense to a The violation will be dismissed if the defendant has not previously committed a violation, produces proof of purchase of a hands-free accessory, and affirms, under penalty of perjury, that the defendant has not previously claimed this affirmative defense option to dismiss . Current law requires a peace officer who makes a traffic stop to record the demographic information of the violator, whether a citation has been issued, and the violation cited. The bill clarifies that the peace officer must record whether the bill has been violated. A peace officer is prohibited from stopping a driver or issuing a citation for a violation of the bill unless the officer visually observes the operator using, holding, or physically supporting with any part of the person's body the mobile electronic device. The executive director of the department of transportation, in consultation with the chief of the Colorado state patrol, will create a campaign raising public awareness of the requirements of the bill and of the dangers of using mobile electronic devices when driving. To implement the bill, $23,941 is appropriated to the department of revenue from the Colorado DRIVES vehicle services account in the highway users tax fund. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Section 1 of the bill requires that, beginning in 2023, each insurance company issued a certificate of authority to transact insurance business to prepare and file an annual report with the insurance commissioner providing a climate-risk assessment for the insurance company's investment portfolio from the previous 12 months. The commissioner of insurance is required to post the reports on the division of insurance's website. Section 1 defines "climate-risk assessment" as a determination of the economic and business risks that climate change poses to an investment that reports more than $100 million on its annual schedule T filing with the National Association of Insurance Commissioners (NAIC) participate in and complete the NAIC's "Insurer Climate Risk Disclosure Survey" or successor survey or reporting mechanism.Section 2 requires the board of trustees of the public employees' retirement association (PERA board ) to prepare a similar include as part of its annual investment stewardship report, and post it which report is posted on the PERA board's website , a description of climate-related investment risks, impacts, and strategies .Section 3 adds wastewater thermal energy equipment to the definition of "pollution control equipment", which equipment may be certified by the division of administration (division) in the department of public health and environment (CDPHE). Similarly, section 13 adds wastewater thermal energy to the definition of "clean heat resource", which resources a gas distribution utility includes in its clean heat plan filed with the public utilities commission.Section 3 4 updates the statewide greenhouse gas (GHG) emission reduction goals to add a 40% 65% reduction goal for 2028 2035 compared to 2005 GHG pollution levels and a 75% reduction goal for 2040 compared to 2005 GHG pollution levels.Section 4 defines a small off-road engine as a gasoline-powered engine of 50 horsepower or less used to fuel small off-road equipment like lawn mowers and leaf blowers. Section 4 phases out the use of small off-road engines by prohibiting their sale in nonattainment areas of the state on or after January 1, 2030, and by providing financial incentives to promote the replacement of small off-road engines with electric-powered, small off-road equipment before 2030.Section 11 establishes a state income tax credit in an amount equal to 30% of the purchase price for new, electric-powered, small off-road equipment for purchases made in income tax years 2023 through 2029. Section 5 requires the air quality control commission (AQCC), on or before August 1, 2023, to adopt rules to reduce GHG emissions, at a minimum, from sources in the industrial and manufacturing sector that reported GHG emissions greater than 25,000 metric tons from 2020 pursuant to the AQCC rule commonly known as "regulation number 22".Section 6 7 gives the oil and gas conservation commission (COGCC) authority over class VI injection wells used for sequestration of GHG including through the issuance and enforcement of permits if the governor and COGCC have determined that the state has sufficient resources to ensure the safe and effective regulation of the sequestration of GHG gases in accordance with a study that the COGCC conducts . If the governor and COGCC determine there are sufficient resources, the COGCC may seek primacy under the federal "Safe Drinking Water Act" and, once granted, may issue and enforce permits for class VI injection wells. The COGCC shall require, as part of its regulation of class VI injection wells, that operators of the wells provide adequate financial assurance, which financial assurance must be maintained until the COGCC approves the closure of a class VI injection well site.Section 7 8 requires the commissioner of agriculture or the commissioner's designee, in consultation with the Colorado energy office , and the air quality control commission the AQCC, and an institution of higher education with expertise in climate change mitigation, adaptation benefits, and other environmental benefits related to agricultural research , to conduct a study examining carbon reduction and sequestration opportunities in the agricultural sector and in land management in the state, including the potential development of certified carbon offset programs or credit instruments. On or before December 15, 2022 October 1, 2024 , the commissioner of agriculture or the commissioner's designee is required to submit a report summarizing the study, including any legislative recommendations, to the general assembly. The commissioner of agriculture may adopt rules incorporating recommendations and any recommended carbon offsets may be incorporated into the AQCC's rules. In support of the use of agrivoltaics, which is the colocation integration of solar energy generation facilities on a parcel of land with agricultural activities, section 8 9 authorizes the Colorado agriculture value-added development board (board) to provide financing, including grants or loans, for agricultural research on the use of agrivoltaics. Section 9 directs the state treasurer to transfer $1,800,000 per year through 2027 from the general fund to the agriculture value-added cash fund for implementation of agrivoltaics research. For a research project for which the board awards money to study the use of agrivoltaics, sections 5 and 8 6 and 9 require the director of the division of parks and wildlife to consult on the research project regarding the wildlife impacts of agrivoltaic use.Section 9 10 authorizes the board to seek, accept, and expend gifts, grants, and donations, including donations of in-kind resources such as solar panels, for use in agricultural research projects. Section 9 10 also updates the statutory definition of "agrivoltaics" to list additional agricultural activities on the parcel of land on with which solar panel generation facilities may be colocated integrated , including animal husbandry, cover cropping for soil health, and carbon sequestration.Section 10 11 amends the statutory definition of "solar energy facility" used in determining the valuation of public utilities for property tax purposes to include agrivoltaics.Section 12 establishes a state income tax credit in an amount equal to 30% of the purchase price for new, electric-powered, small off-road equipment, which is defined as a lawn mower, leaf blower, or trimmer, for purchases made in income tax years 2023 through 2029. The tax credit may be claimed by a seller of electric-powered, small off-road equipment that demonstrates that it provided the purchaser a 30% discount from the purchase price of the electric-powered, small off-road equipment.Section 14 appropriates for state fiscal year 2022-23: $81,429 from the oil and gas conservation and environmental response fund to the department of natural resources for use by the COGCC for the underground injection program; $145,789 from the general fund to CDPHE for use by the division for regulation of stationary sources; and $2,098,784 from the general fund to the department of agriculture for conservation services. (Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.) (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

For the fiscal year beginning July 1, 2022, provides for the payment of expenses of the executive, legislative, and judicial departments of the state of Colorado, and of its agencies and institutions. The grand total for the operating budget is set at $37,736,904,638. The general funds portion of the appropriation is set at $10,446,821,790; the general fund exempt portion is set at $3,212,346,213; the cash funds portion is set at $9,971,918,141; the reappropriated funds portion is set at $2,356,087,392; and federal funds portion is set at $11,749,731,102. The grand total for the state fiscal year beginning July 1, 2022, for capital construction projects is set at $491,102,435.The capital construction fund portion is set at $5,246,375; the cash funds portion is set at $484,090,730; and the federal funds portion is set at $1,765,330. The grand total for the state fiscal year beginning July 1, 2022, for information technology projects is set at $146,428,435. The capital construction fund portion is set at $109,102,442; the cash funds portion is set at $17,186,989; and the federal funds portion is set at $20,139,004. The 2021 general appropriation act is amended to balance and make adjustments to the total amount appropriated to the departments of education, health care policy and financing, higher education, law, and public safety. The 2021 general appropriation act is amended to balance and make adjustments to the total amount appropriated for capital construction projects. Appropriations were made in several bills during the 2021 legislative session as further amended to extend the appropriation for unexpended amounts to the 2022-23 fiscal year. (Note: This summary applies to this bill as enacted.)

Current law allows the clerk of the court to retain 5% of the drug offender surcharge and the rural alcohol and substance abuse surcharge for the administration of the disbursement of the surcharges. The retained 5% of both surcharges are kept on a balance sheet account and expenses are identified to offset this revenue. To simplify the process by which this 5% of surcharge revenue is retained, section 2 of the act requires that the revenue be deposited directly into the judicial stabilization cash fund instead. Under current law, the courts' collections investigator program is funded by the fines collection cash fund and the judicial collection enhancement fund. To eliminate the inefficiency of administering 2 cash funds, section 1 eliminates the fines collection cash fund and requires all fines previously required to be deposited in that fund to instead be deposited in the judicial collection enhancement cash fund. (Note: This summary applies to this bill as enacted.)