Sen. Kerry Donovan

The bill repeals language that prohibits local governments from banning the use or sale of specific types of plastic materials or restricting or mandating packaging or labeling of any consumer products. (Note: This summary applies to this bill as introduced.)

Water Resources Review Committee. The bill requires the Colorado water conservation board and the water resources review committee to involve the public and provide opportunities for public comment, using procedures similar to those used for initial adoption of the state water plan, before adopting any final or significantly amended water resources demand management program as part of the Colorado upper basin states' drought contingency plan.(Note: This summary applies to this bill as introduced.)

Parks and wildlife - increased fines - disposition of fines collected. With regard to fines imposed for violations of laws enforced by the division of parks and wildlife in the department of natural resources (division), the act changes the amount of certain fines and modifies the disposition of money collected from fines. Under current law, the state treasurer is required to credit half of the money collected from a fine imposed for a violation of laws enforced by the division to the general fund and half of the money to either the fund administered by the division that is relevant to the type of violation committed, if a division officer issued the citation, or to the local government or other state agency whose law enforcement officer issued the citation. Sections 4, 24, 32, and 36 of the act modify the disposition of fines collected as follows: If a parks and wildlife officer issues a citation for a fine, the state treasurer is required to credit all of the money collected from the associated fine to the fund administered by the division that is relevant to the type of violation committed; or If any other Colorado peace officer issues a citation for a fine, the state treasurer is required to credit half of the money collected from the associated fine to the fund administered by the division that is relevant to the type of violation committed and half of the money to the local government or other state agency whose law enforcement officer issued the citation. Sections 3 and 35 increase the fine for a violation of a rule for which there is not an associated statutory penalty listed from $50 to $100. Section 5 increases the following fines from $50 to $100: Procuring or using multiple licenses of the same type; possessing live wildlife without a license; fishing without a license; and hunting without having obtained a hunter education certificate. Section 6 modifies the fines for unlawfully possessing fish, mollusks, crustaceans, amphibians, or reptiles so that the fine is $35 for each such animal taken or possessed at one time. Section 7 increases the fine from $50 to $150 for refusing to allow an officer of the division or other peace officer to inspect personal identification documents, licenses, firearms, records, or wildlife and increases the fine from $50 to $100 for failing to void a license or carcass tag as required by the parks and wildlife commission (commission) by rule. Section 8 increases the fine for unlawfully transporting, exporting, importing, or releasing native wildlife from $50 to $200. Section 9 increases the fine for hunting, trapping, or fishing on private property or for unlawfully posting on or otherwise indicating that public land is privately owned land from $100 to $200. Section 10 increases the fines for failing to attempt to locate big game that has been wounded from $100 to $200 and for using wildlife as bait from $100 to $200. Section 11 increases the fine from $50 to $100 for failing to wear fluorescent pink or daylight fluorescent orange garments while hunting elk, deer, pronghorn, moose, or black bear with a firearm. Section 12 increases the fine for possessing a loaded firearm in a motor vehicle from $50 to $100. Section 13 increases the fine for shooting from a public road from $50 to $100. Section 14 increases the fine for using division property in violation of any commission rule from $50 to $100. Section 15 increases the fine for knowingly luring a bear with food or edible waste from $100 to $200 for a first offense, $500 to $1,000 for a second offense, and $1,000 to $2,000 for a third or subsequent offense. Section 16 authorizes the commission, by rule, to allow for the possession, importation, exportation, shipment, or transportation of an aquatic nuisance species. Section 17 exempts from the prohibition against transferring park passes the transfer of a park pass pursuant to a commission rule regarding the manner by which a pass may be transferred. Section 18 increases the fine from $50 to $100 for using or possessing certain vessels that have not been issued a number. Section 19 increases the fine for violating certain personal watercraft equipment requirements from $50 to $100. Section 20 increases the fine for violating the minimum age requirements for operating a motorboat from $50 to $100. Section 21 increases the fine from $50 to $100 for operating a vessel: That is not properly equipped, in excess of noise restrictions, above wakeless speed, in violation of any commission rule, or, with respect to personal watercraft only, between 1/2 hour after sunset and 1/2 hour before sunrise. Section 21 also increases the fine for operating a vessel in a careless or imprudent manner from $100 to $200. Section 22 increases the fine from $100 to $200 for operating water skis or similar devices in a careless manner or operating a vessel towing water skis or a similar device in a manner as to cause the device or person on the device to collide with or strike an object or person. Section 22 also requires a person on a stand-up paddleboard to have a readily accessible personal flotation device and increases the fine from $50 to $100 for failing to wear a personal flotation device on water skis or similar devices, violating commission rules regarding the safe operation of water skis or similar devices, or violating commission rules prohibiting the use of single-chambered air-inflated devices on rivers or streams under certain conditions. Sections 23, 25 through 28, and 30 increase the fines for various snowmobile operational violations from $50 to $100. Section 29 increases the fine for operating a snowmobile in a careless or imprudent manner from $100 to $200. Section 29 also increases the fine from $50 to $100 for a snowmobile owner who, while the owner's snowmobile is under the owner's control, allows another to operate the snowmobile in a careless or imprudent manner, in a manner in wanton or willful disregard for safety, or under the influence of alcohol or a controlled substance. Section 31 increases the fine for operating an unnumbered, unregistered off-highway vehicle (OHV) from $50 to $100. Section 31 also increases the fine from $35 to $100 for operating a nonresident-owned or -operated OHV that does not have a valid license or registration from another state or has been in this state for more than 30 days but for which a permit has not been issued. Section 33 increases the fine for operating an OHV in violation of road crossing restrictions from $50 to $100. Section 34 increases the fine for operating an OHV without obtaining and displaying an off-highway use permit from $50 to $100. Section 37 increases the fine for unlawful camping from $50 to $100 if the person is camping in an area located in a state park or state recreation area that is not designated for camping and adds a fine in an amount equal to 5 times the cost of a permit for a campsite if the person is camping at a campsite without having obtained a valid permit. Section 38 increases the fine from $50 to $100, with respect to a motor vehicle or vessel on property under the control of the division, for the following activities: Operating or parking outside of designated areas or in excess of posted speed limits; parking in a manner that impedes the normal flow of traffic; leaving a motor vehicle or vessel unattended for more than 24 hours; or operating or parking a motor vehicle without having first purchased a required pass or permit. (Note: This summary applies to this bill as enacted.) Read More

Income tax - credit for donation of conservation easement - extend repeal of conservation easement oversight commission and easement holder certification program - alternative valuation method - conservation easement working group - disclosure form - access to COMaP. A conservation easement is an agreement in which a property owner agrees to limit the use of his or her land in perpetuity in order to protect one or more specified conservation purposes. The instruments creating the conservation easement are recorded in the public records affecting the ownership of the property. The conservation easement is held by a third party (holder), which monitors the use of the land and ensures that the terms of the agreement are upheld. A state income tax credit is currently allowed for a portion of the value of a donated conservation easement. The statutes establishing the conservation easement oversight commission and the program to certify conservation easement holders in the division of conservation are currently set to repeal on July 1, 2019. The act extends the repeal dates for each to July 1, 2026. In addition, the act: Eliminates a requirement that the board of real estate appraisers establish education and experience requirements for conservation easement appraisers; Relocates and modifies certain provisions governing the creation and valuation of conservation easements; Allows the division of conservation to use an alternative method acceptable to the division and the conservation easement oversight commission to value a conservation easement; Modifies provisions governing a conservation easement working group convened to address specified issues relating to claiming a state income tax credit for the donation of a conservation easement; Requires the owner of property who is granting a conservation easement to execute a disclosure form developed by the division of conservation and the conservation easement oversight commission regarding the easement; Modifies provisions governing when a conservation easement may be extinguished; Prohibits a conservation easement for which a state income tax credit has been allowed from being released, terminated, extinguished, or abandoned by merger, which occurs when the same entity holds both the easement and the land subject to the easement; Increases the total amount that may be claimed as an income tax credit for an individual donation of a conservation easement, but limits the amount that may be claimed per year; and Makes a $250,000 appropriation to Colorado state university to facilitate the provision of public access to the Colorado ownership, management, and protection (COMaP) service which maintains a database and corresponding map of conservation easements and other protected lands in Colorado. Additionally, the act makes conforming amendments to certain statutory sections contained in HB 19-1172, which recodifies title 12, Colorado Revised Statutes, to ensure that the provisions of the act will be effective as a result of HB 19-1172 becoming law. Specifies that certain sections take effect only if House Bill 19-1172 becomes law. (Note: This summary applies to this bill as enacted.) Read More

Electric utility easements - installation of broadband facilities in easements - broadband suppliers' provision of broadband using facilities - notice requirements - conditions. The act authorizes an electric utility that has an electric easement on real property or a commercial broadband supplier designated by the electric utility to act on the electric utility's behalf, after having provided advanced notice to the owner of the real property and to any interest holder in the real property that has requested notice , to install, maintain, or own a broadband facility within the electric easement or to lease any excess capacity of such facility to a commercial broadband supplier. The broadband facility may be installed, maintained, or owned aboveground within the electric easement if the facility is attached to the electric utility's electric service infrastructure. An electric utility or a designated commercial broadband supplier may maintain or own an underground broadband facility within the electric easement only if the facility existed before notice was delivered to the property owner and to interest holders requesting notice pursuant to the act. An electric utility may assign its rights under the act to install, maintain, own, or lease excess capacity of broadband facilities. The terms and conditions of a written electric easement, including any notice requirements related to entering the real property on which the electric easement is located, apply; except that any terms and conditions that prohibit the electric utility from exercising the rights authorized under the act do not apply. The act establishes a 2-year limitations period within which an interest holder may bring a claim against an electric utility or commercial broadband supplier with regard to the electric utility's or commercial broadband supplier's exercise of rights under the act; except that the statutory limitations period does not apply to claims based on physical damage to property, injury to natural persons, or breach of the terms and conditions of a written electric easement. Damages for claims subject to the statutory limitations period are limited to damages that existed at the time that the electric utility or commercial broadband supplier first exercised its rights under the act at issue and measured by the fair market value of the reduction in value of the interest holder's interest in the real property. An electric utility or commercial broadband supplier exercising rights under the act: Cannot discriminate among commercial broadband suppliers, including with respect to leasing fees charged and pole access provided, in offering or granting rights to install or attach broadband facilities; Is required to charge just and reasonable pole attachment fees; and May only withhold authorization to a commercial broadband supplier to install, maintain, own, operate, or use broadband facilities on the electric utility's electric service infrastructure if there is insufficient capacity for the broadband facilities or for reasons of safety or reliability concerns or engineering considerations that weigh against granting an authorization. An electric utility shall not directly provide retail commercial broadband service but a broadband affiliate of the electric utility may do so if: A separate accounting system is maintained for the broadband affiliate; An independent certified public accountant performs a financial audit of the broadband affiliate within 2 years after it commences retail commercial broadband service and at least once every 2 years thereafter; and The electric utility does not cross-subsidize the broadband affiliate or the broadband affiliate's provision of commercial broadband service. A commercial broadband supplier that is unaffiliated with an electric utility may request that the electric utility and a broadband affiliate of the electric utility, if they are exercising rights under the act, certify that the electric utility and the broadband affiliate are in compliance with the act. The certification is admissible in court in any action that arises between the unaffiliated commercial broadband supplier and the electric utility or broadband affiliate. (Note: This summary applies to this bill as enacted.) Read More

Alcohol beverages - hard cider - exclusion from Colorado Wine Industry Development Act - exemption from excise tax on produce - appropriation. The act: Removes hard cider from the definition of "wine" for purposes of the "Colorado Wine Industry Development Act"; and Exempts produce used in the production of hard cider from the excise tax deposited in the Colorado wine industry development fund. $2,000 is appropriated to the department of revenue from the general fund for tax administration IT system support. (Note: This summary applies to this bill as enacted.) Read More

Colorado water conservation board construction fund - project and loan authorizations - appropriations - transfers. The act appropriates the following amounts from the Colorado water conservation board (CWCB) construction fund (fund) to the CWCB or the division of water resources in the department of natural resources for the following projects: Continuation of the satellite monitoring system operation and maintenance, $380,000 (section 1 of the act); Continuation of the Colorado floodplain map modernization program, $500,000 (section 2); Continuation of the weather modification permitting program, $175,000 (section 3); Continuation of the Colorado Mesonet project, $150,000 (section 4); Continuation of instream flow engineering support services, $250,000 (section 5); Acquisition of LIDAR data, $200,000 (section 6); and Technical assistance grants for beneficiaries of the federal "Colorado River Storage Project Act", $200,000 (section 7). The state treasurer will make the following transfers from the fund: Up to $2,000,000 on July 1, 2019, to the litigation fund (section 8); and $2,500,000 on June 30, 2019, to the water supply reserve fund (section 9). Section 10 appropriates $17,500,000 from the fund to the CWCB for continuing implementation of the state water plan as follows: Up to $4,000,000 to support watershed health goals; Up to $3,000,000 to facilitate the development of additional storage, artificial recharge into aquifers, and dredging existing reservoirs; Up to $1,000,000 for agricultural projects; Up to $1,000,000 for grant funding to implement long-term strategies for conservation, land use, and drought planning; Up to $500,000 for grants for water education, outreach, and innovation efforts; Up to $1,500,000 for environmental and recreational projects; Up to $1,000,000 to provide continued funding for the alternative agricultural grant program; and Up to $5,500,000 to fund updates to basin implementation plans, improve basin data collection and metrics for tracking state water plan implementation, and for use of the data for future updates of the state water plan. Section 11 authorizes the CWCB to make loans up to $15,150,000 from the fund for the Walker recharge project, a water supply retiming effort that uses the alluvial aquifer of the South Platte river to increase irrigation opportunities for agricultural production. Current law: Makes money appropriated for use in Republican river matters available until June 30, 2019; section 12 extends availability until the money is fully expended; Authorizes and directs the state treasurer to transfer $200,000 from the fund to the feasibility study small grant fund; section 13 makes this an annual obligation on July 1 of each year and increases the transfer cap to $500,000 in order to restore the unencumbered balance in the fund up to $500,000; and Creates the flood and drought response fund; section 14 authorizes and directs the state treasurer to annually transfer money on July 1 of each year from the fund to the flood and drought response fund to restore the unencumbered balance in the flood and drought response fund to $500,000. Section 15 changes a continuing annual transfer established in statute of $10 million from the severance tax perpetual base fund to the fund for implementation of the state water plan to a single transfer of $10 million on July 1, 2019. (Note: This summary applies to this bill as enacted.) Read More

Commissioner of agriculture - agricultural chemical management plans - expansion to include surface water - appropriation. Under current law, the commissioner of agriculture is responsible for the management of the use of agricultural chemicals to protect groundwater, and the commissioner adopts rules establishing agricultural management plans for this purpose. The act expands the scope of the commissioner's agricultural management plans to include the protection of state waters, which includes surface and subsurface waters. The act appropriates $239,592 to the department of agriculture from the plant health, pest control, and environmental protection cash fund to implement the act, of which $21,875 is reappropriated to the department of public health and environment and $1,000 is reappropriated to the department of personnel. (Note: This summary applies to this bill as enacted.) Read More

Western state Colorado university - name change. The act simplifies the name of Western state Colorado university to Western Colorado university.(Note: This summary applies to this bill as enacted.) Read More