Sen. Matt Ball

The act:Prohibits a provision in an arbitration agreement that requires an employee to an employer and employee contract or a consumer to a business and consumer contract to pay fees that substantially exceed the costs required to file a claim in state or federal court, except as preempted by federal law, and disallows the waiver of this prohibition;Prohibits an individual from serving as an arbitrator if the individual has a rule, policy, procedure, or demonstrated pattern of conduct that discriminates, or prevents, or has the effect of preventing, a certain party, type of party, or attorney from asserting the party's right in arbitration or bringing a claim in arbitration; andRequires a party to fully comply with requirements of a record of an award, within 120 days after the date of the award, or be liable for additional damages caused by their failure to comply.     Under current law, exemplary damages are prohibited in arbitration proceedings. The act repeals this prohibition.(Note: This summary applies to this bill as enacted.)

The act provides that, if the action is undertaken in accordance with applicable federal and state law:A licensed person may compound a drug or device in the state;A state-licensed pharmacy or a distribution facility registered with the federal food and drug administration (licensed 503B outsourcing facility) may supply a compounded drug or device to a licensed health-care provider, pharmacy, facility, or organization; andA licensed health-care provider, pharmacy, facility, or organization may obtain, dispense, or administer a compounded drug or device supplied by a state-licensed pharmacy or a licensed 503B outsourcing facility.     In addition, the act prohibits the state board of pharmacy from adopting rules that are more restrictive than federal or state law regarding the compounding of drugs or devices by licensed 503B outsourcing facilities.     Current law exempts drugs that are intended solely for investigational use by experts qualified by scientific training and experience and that are plainly labeled for investigational use only from the sales and delivery prohibition for new drugs. The act also exempts from the prohibition:Drugs that are reviewed by an institutional review board and plainly labeled for investigational use only; andCompounded drugs and devices if the compounding of the drug or device is undertaken in accordance with applicable federal and state law.(Note: This summary applies to this bill as enacted.)

Current law provides for a diploma endorsement of biliteracy by completing certain educational requirements in English in addition to a second language. The act changes the educational requirements for the biliteracy program and creates a diploma endorsement for bilingualism for graduating high school students.     The act allows high school students in local education providers that do not offer the biliteracy or the bilingualism program to access the program through other local education providers or a state institution of higher education. If the student's local education provider does not offer and chooses not to establish a program that offers the endorsement that the student is seeking, the student's local education provider may enter into an agreement with another local education provider or state institution of higher education that offers the endorsement that the student is seeking.     A local education provider or state institution of higher education may charge a fee to provide the diploma endorsement program. The fee must reflect the actual and indirect costs of running the diploma endorsement program. The enrolled student's local education provider must pay the fee on behalf of the student.(Note: This summary applies to this bill as enacted.)

The act requires an investor-owned utility (utility) to establish a percentage-of-income payment plan program (PIPP program) to assist income-qualified residential utility customers with utility costs. An income-qualified utility customer is eligible for the PIPP program if the customer meets the income eligibility criteria, lives in the service area of the utility, and either submits an application to the utility or is referred by another income-eligible assistance program offered by the department of human services, the Colorado energy office, or another energy assistance program approved by the public utilities commission (commission). A utility must approve or deny a customer's application for participation in the PIPP program within 30 days.     The utility bill for a customer enrolled in a utility's PIPP program is capped at a specific percentage of the customer's household income, typically ranging from 2% to 6% of the customer's household income depending on the heating source provided and the size of the utility. The difference between a customer's actual utility bill and their PIPP program bill is covered by a fixed credit, which can be an up-front annual credit or an equal monthly credit to the customer's utility bill. The act also establishes arrearage credits for customers in the PIPP program, which are applied to eliminate a customer's preexisting debt prior to the customer's enrollment in the PIPP program.     A utility's PIPP program is funded through a 'PIPP charge' itemized on all customer bills. The amount of the PIPP charge is established by the commission by rule for the utility. A utility must submit an annual report related to the utility's PIPP program to the commission. The report must include the following information:The PIPP charge revenue collected by the utility;Any amount contributed to the PIPP program by the utility from shareholder profits;A calculation of administrative costs associated with implementing and administering the PIPP program;The amount of fixed monthly or annual credits provided to customers in the utility's PIPP program; andThe amount of arrearage credits provided to customers in the PIPP program.      The act exempts products fueled by propane and products used exclusively for installation in manufactured homes from emissions standards adopted by the Colorado department of public health and environment related to heating and water heating appliances until January 1, 2031.     The act extends the deadline by which money in the 'Infrastructure Investment and Jobs Act' cash fund may be appropriated from July 1, 2028, until July 1, 2031.(Note: This summary applies to this bill as enacted.)

The act allows the division of fire prevention and control to seek, accept, and expend gifts, grants, or donations to implement the requirements of the firefighter behavioral health benefits program.(Note: This summary applies to this bill as enacted.)

Beginning on or before July 1, 2028, the act extends certain application, accounting, and notice provisions already in place for federal survivor benefits awarded to a child or youth who is in foster care (child or youth) to federal supplemental security income benefits (SSI), which are monthly payments awarded to a child or youth with a disability and limited resources. The act adds requirements for a county department of human or social services (county department) to follow specified procedures for identifying a child or youth with a disability who may qualify for SSI and for documenting the disability. If the county department determines that a child or youth may be eligible to receive SSI, the county department is required to initiate the application process within 45 days after receiving certain information. If a child or youth is receiving SSI, the county department must document how the money is spent in the state's child welfare case management system.     If legal custody of a child or youth receiving SSI or federal survivor benefits is transferring from a county department to another individual, the act requires the county department to reassess the designation of the representative payee or fiduciary receiving and managing federal benefits on behalf of the child or youth. The reassessment must be performed in consultation with interested parties and in compliance with federal requirements.(Note: This summary applies to this bill as enacted.)

The act authorizes a local government or a special district (local government) to enter into an agreement with one or more entities for the purpose of providing the local government with service from a thermal energy network. A local government that is authorized by law to issue bonds may issue bonds for the purpose of financing thermal energy infrastructure, interconnections, or customer connections within the jurisdiction of the local government.     The act increases the net electric generating capacity of a community geothermal garden from 5 megawatts to 25 megawatts.     The act requires the Colorado energy and carbon management commission (commission) and the Colorado geological survey to collect data and information related to geological resources in the state. The commission shall make recommendations to encourage safe and effective development of geothermal resources and report those recommendations to the general assembly on or before November 15, 2026.     The act requires investor-owned electric utilities (utilities) to identify small-scale geothermal projects and large-scale geothermal projects (geothermal projects). The utility must solicit proposals for the development of small-scale geothermal projects of up to 25 megawatts of net electric generating capacity and large-scale geothermal projects that are greater than 25 megawatts of net electric generating capacity. The utility shall submit applications for the development of the geothermal projects to the public utilities commission if the utility receives a bid in response to the request for proposals. The public utilities commission must review the application and approve, conditionally approve, deny, or modify the application within 120 days after receiving the application.(Note: This summary applies to this bill as enacted.)

The act allows an injured person to bring a cause of action for claims of injury caused by sexual orientation or gender identity change efforts (efforts) against a licensed mental health professional and allows the cause of action to be commenced at any time without limitation.     Specifically, the act applies to a civil cause of action brought against a licensed mental health professional who seeks to direct a patient toward a predetermined sexual orientation or gender identity outcome or eliminate or reduce sexual or romantic attractions or feelings toward individuals of a particular sex or gender.     The act permits the injured individual, or the individual's personal representative or estate if the individual is deceased, to recover economic, noneconomic, and exemplary damages, and any other damages deemed appropriate by the court.     A cause of action may be brought as a survival action within 5 years after the death of the person who underwent efforts.(Note: This summary applies to this bill as enacted.)

Under current law, each subscriber to a community solar garden receives a net metering credit to their electric bill. The community solar subscriber organization can choose between a fixed bill credit or a bill credit that is adjusted annually. The act states that, on and after October 1, 2026, a subscriber organization may choose a fixed bill credit for the subscriber organization's income-qualified subscribers and a bill credit that changes annually for the subscriber organization's other customers. The public utility providing the bill credit must adjust the fixed bill credit annually to ensure that the credit remains aligned with changes in electricity rates over time.     A public utility is permitted under current law to recover its prudently incurred costs to facilitate a timely interconnection of a distributed energy resource. The act prohibits a public utility from requiring an interconnection customer to pay the costs associated with interconnection facilities and upgrades until 30 days before the public utility incurs the costs. The act allows a public utility to require an interconnection customer to provide security for the estimated full costs of interconnection at the time of mutual execution of an interconnection agreement.     The act requires a public utility with more than 500,000 customers in the state to, on or before August 15, 2026, convene a working group to accelerate distributed generation interconnection. The working group is tasked with discussing, if applicable, a cluster and batch study process for interconnection studies and a process for the public utility to accept a surety bond for interconnection upgrade work. The working group is also directed to discuss, and the public utility is required to implement, a process for third-party interconnection studies and upgrades.     On or before December 15, 2026, the public utility is required to file a notice with the public utilities commission (commission) that includes a report on any recommendations of the working group. The public utility is directed to make appropriate filings to implement any recommendations of the working group that require commission approval on or before January 1, 2027.     The act specifies that any interconnection upgrades and related utility construction work performed by a contracted third party must meet applicable safety, reliability, labor, and technical standards.     The act amends the definition of 'dispatchable distributed generation' and requires the commission to evaluate the size of off-site renewable distributed generation or storage facility and installation limitations as part of a future renewable energy standard compliance plan.(Note: This summary applies to this bill as enacted.)

The act makes the following changes to statutes relating to transportation:Changes the name of the freight mobility and safety branch within the development division of the department of transportation to the office of freight mobility and safety;Clarifies that each state agency is responsible for paying its proportionate part of the cost of maintenance and operation of fueling infrastructure to support its motor vehicle fleet;Clarifies that the definition of 'gas spot price' means the Henry Hub natural gas spot price as reported by the United States energy information administration or another price index selected by the commission;Permits the Colorado energy and carbon management commission to change the natural gas index used each quarter when setting the spot price, depending on regional market dynamics;Clarifies that the department of revenue shall not issue an instruction permit or endorsement to a person who is under 21 years old to drive a motorcycle unless the applicant has successfully completed an instruction program in motorcycle safety that is approved by the Colorado state patrol;Clarifies that if an individual renews their license online, they must attest they have had an eye exam by an optometrist or ophthalmologist within the past year;Modifies how driver license expiration dates are calculated to allow for online renewal of driver licenses and identification cards when the credential photograph is greater than 10 years old;Clarifies that the driver of a commercial vehicle, including a bus, must affix tire chains or approved alternate traction devices to the number of drive wheel tires required by and in the manner prescribed by the department of transportation's rules governing chain law and passenger vehicle traction law requirements on the state highway system;Removes 'tire cables' as comparable traction basis to define 'alternative traction device';Clarifies that a driver of a commercial vehicle may not enter the farthest left-hand general purpose lane when driving specified sections of interstate 70;Clarifies that the city and county of Broomfield is added to transportation commission district 4;Relocates a provision concerning the chief engineer from the statutory section governing the highway maintenance division to the statutory section governing the chief engineer;Clarifies that the division of transit and rail does not have exclusive authority over transit and rail;Repeals a statutory section concerning a study prepared by legislative council staff on the transportation commission districts, which has been completed;Redirects revenue from a permitting fee imposed by the department of transportation on companies authorized to install and remove tire chains from the highway users tax fund to the state highway fund;Eliminates the department of transportation's authority to establish rules related to noise mitigation and removes references to noise mitigation rules; Repeals provisions concerning the special account for highway bridge repair and allocations of certain past revenues within the highway users tax fund; Defines 'toll evasion' as failing to pay a toll; avoiding a toll; or entering or exiting a toll lane outside of a designated access or egress point, including swerving between a toll lane and a general purpose lane, without regard to whether a toll was assessed or paid;Permits the transportation enterprise board to pay the deductible on insurance policies it purchases for public passenger rail service to cover passenger rail liabilities;Permits the clean transit enterprise board to extend the 2-year limit on spending money from the local transit operations cash fund for capital awards; Establishes a 4-year term limit for members of the nonattainment area air pollution mitigation enterprise board who are appointed by the governor and clarifies when the initial term for each appointment ends; andRepeals a requirement that the transportation commission approve transfers of money directed by the division of aeronautics from the aviation account of the transportation infrastructure revolving fund to the aviation fund, which amounts must not exceed transfers previously approved by the Colorado aeronautical board.(Note: This summary applies to this bill as enacted.)