Sen. Rod Pelton

The act creates the behavioral health administration (BHA) in the department of human services (department) to create a coordinated, cohesive, and effective behavioral health system in the state. The BHA will handle most of the behavioral health programs that were previously handled by the office of behavioral health in the department. The act establishes a commissioner as the head of the BHA and authorizes the commissioner and state board of human services to adopt and amend rules that previously were promulgated by the executive director of the department. By July 1, 2024, the act requires the BHA to establish: A statewide behavioral health grievance system; A behavioral health performance monitoring system; A comprehensive behavioral health safety net system; Regionally-based behavioral health administrative service organizations; The BHA as the licensing authority for all behavioral health entities; and The BHA advisory council to provide feedback to the BHA on the behavioral health system in the state. The act transfers to the department of public health and environment responsibility for community prevention and early intervention programs previously administered by the department. The act makes extensive conforming amendments. The act appropriates from the general fund to the department: $671,538 for use by the executive director's office; $542,470 for administration and finance; and $2,495,231 for use by the behavioral health administration; The act makes various adjustments to the 2022 general appropriations act for the department, the department of public health and environment, and the legislative department. The act appropriates to the department of public health and environment $638,608 for use by the prevention services division of which $48,111 is from the general fund and $590,497 is from the marijuana tax cash fund. The act appropriates to the department of public health and environment: From reappropriated federal funds $8,181,248 for use by the prevention services division; From the marijuana tax cash fund $18,127 for administration; and From the general fund $11,846 for use by administration and support. The act appropriates from the general fund to the department of health care policy and financing, $246,399 for use by the executive director's office. The act appropriates from the division of insurance cash fund $142,766 to the department of regulatory agencies for use by the division of insurance. (Note: This summary applies to this bill as enacted.)

The act creates in the university of Colorado the Colorado pediatric psychiatry consultation and access program (CoPPCAP). The purpose of CoPPCAP is to support primary care providers in identifying and treating mild to moderate behavioral health conditions in children in primary care practices or school-based health centers. The act requires the general assembly to appropriate from the behavioral and mental health cash fund: $4.6 million to CoPPCAP; $5 million to the behavioral health care professional matching grant program to expand access to behavioral health-care services for children and families; and $1.5 million to the school-based health center grant program.(Note: This summary applies to this bill as enacted.)

The bill requires the executive director to rebate $1,846,400,000 from the general fund to qualified individuals through income tax returns for the 2022 income tax year, which rebate amount is an estimate of the general fund surplus for the state fiscal year 2021-22. The rebates will be made to qualified individuals in the same manner as if the general fund surplus was excess state revenues under the Taxpayer's Bill of Rights being refunded through the 6-tiered sales tax refund mechanism.(Note: This summary applies to this bill as introduced.)

The act requires crisis system facilities and programs, including crisis walk-in centers, respite services, and mobile crisis programs, to meet minimum standards to provide mental health and substance use disorder services. The act clarifies that crisis system facilities and programs shall provide behavioral health services to individuals experiencing a substance use disorder crisis. Mobile crisis programs and crisis walk-in centers shall provide crisis response screening services to any individual, including youth of any age and individuals with a disability. (Note: This summary applies to this bill as enacted.)

For income tax years commencing on or after January 1, 2023, but prior to January 1, 2028, the bill allows a $750 income tax credit to any taxpayer that purchases a new motor vehicle (purchaser) and at the same time trades in an old motor vehicle for recycling. The purchase of the new motor vehicle and the trade in for recycling of the old motor vehicle are required to occur through the same licensed motor vehicle dealer. The bill defines a vehicle that is a 2015 model year or newer as a "new motor vehicle" and a vehicle that is a model year 2009 or older as an "old motor vehicle". The purchaser is required to assign the tax credit to the purchaser's financing entity in a manner specified in the bill, and the financing entity is required to compensate the purchaser for the full nominal value of the tax credit. To complete the tax credit assignment, the purchaser and the financing entity are required to enter into an agreement that identifies the vehicle identification numbers of the old motor vehicle and the new motor vehicle, includes certification from the licensed motor vehicle dealer that the old motor vehicle will be traded for recycling pursuant to current law, and satisfies all other requirements regarding the assignment of the tax credit. The financing entity is required to electronically submit a report containing the information required in the agreement to the department of revenue (department) in a form and manner to be determined by the department. In addition, the financing entity is required to file the agreement described with the original tax return for the taxable year in which the old motor vehicle is traded in for recycling and a new motor vehicle is purchased. The licensed motor vehicle dealer that sells the purchaser the new motor vehicle and takes the old motor vehicle for recycling is required to certify, in a form and manner to be determined by the department, that an old motor vehicle that is traded in for recycling for the purpose of claiming the tax credit will be recycled in accordance with current law. A licensed motor vehicle dealer that provides certification that it will recycle an old motor vehicle but that fails to transfer the vehicle for recycling is subject to a fine. (Note: This summary applies to this bill as introduced.)

Current law allows an existing association consisting of multiple employers, referred to as a "multiple employer welfare arrangement" (MEWA), to offer health-care benefits to the association's members only if, among other requirements, the MEWA has been in existence continuously since at least January 1, 1983, and is engaged in substantial activities for its employer members other than the sponsorship of an employee welfare benefit plan.The act allows a MEWA that does not meet these requirements to file an application for a waiver with the commissioner of insurance that, if granted, would enable the MEWA to offer health-care benefits to its members' employees. The act specifies the application requirements, substantive requirements that a MEWA must comply with to qualify for a waiver, and factors that the commissioner will consider in determining whether to grant a waiver. If a waiver is granted, the MEWA is subject to the division of insurance's full enforcement authority, and the MEWA may operate for 2 years. To operate past the 2 years, a MEWA must reapply for a waiver, but if the commissioner grants 5 consecutive waivers, a MEWA may continue to operate without again applying for a waiver.The act also appropriates $13,352 from the division of insurance cash fund to the department of regulatory agencies for use by the division of insurance to implement the act.(Note: This summary applies to this bill as enacted.)

The act replaces the integrated gasification combined cycle (IGCC) program, which was repealed in 2019, with a mechanism by which an investor-owned utility seeking to implement an innovative energy technology project may apply to the public utilities commission (PUC) to acquire resources that demonstrate the use of innovative, zero-emission technologies for energy generation and storage. To qualify for cost recovery, the utility's expenditures must be determined by the PUC to have been prudently incurred and the utility's return on investment may not exceed the return on a comparably sized photovoltaic or wind-electric generation facility.(Note: This summary applies to this bill as enacted.)

The act:Specifies title use restrictions for certified addiction specialists, certified addiction technicians, and addiction counselor candidates; Establishes clinical supervision privileges for licensed and certified addiction counselors to provide supervision of persons working toward certification or licensure; and Clarifies the education and hours of practice required to be certified or licensed as an addiction counselor and the scope of practice of licensed addiction counselors. Expands the practice of a certified addiction technician and requires the state board of human services to promulgate rules that include education requirements for certified addiction technicians, certified addiction specialists, and licensed addiction counselors.(Note: This summary applies to this bill as enacted.)

Beginning July 1, 2021, the act prohibits an employer from paying an employee whose earning capacity is impaired by age, physical or mental disability, or injury less than minimum wage if the employer does not hold a special certificate issued on or before June 30, 2021, by the United States department of labor that authorizes the employer to pay wages below minimum wage to those employees. The act phases out subminimum wage employment for employers that hold a special certificate and by June 30, 2022, requires each employer that holds a special certificate to submit a transition plan to the department of health care policy and financing (department) detailing how the employer plans to phase out subminimum wage employment by July 1, 2025. On and after July 1, 2025, an employer is prohibited from paying an employee with a disability less than minimum wage regardless of whether the employer was issued a special certificate.The act requires the employment first advisory partnership in the Colorado department of labor and employment (partnership) to:Develop actionable recommendations to address structural and fiscal barriers to phasing out subminimum wage employment and successfully implementing competitive integrated employment; and Report the recommendations to specified committees of the general assembly. The act also continues operation of the partnership, which was scheduled to repeal on July 1, 2021, indefinitely.The act requires the department to seek federal approval to add employment-related services for individuals with intellectual and developmental disabilities under the state's medicaid waiver services.$90,691 is appropriated to the department to implement the act. The department also expects to receive $409,885 in federal funds to implement the act.(Note: This summary applies to this bill as enacted.)