Sen. Dylan Roberts

The act requires an organization, defined in the act as a battery stewardship organization, to, no later than July 1, 2027, and every 5 years thereafter, submit to the executive director of the department of public health and environment (executive director) a battery stewardship plan (plan), which is a plan for the collection, transportation, processing, and recycling of certain batteries. On and after August 1, 2027, a producer selling, making available for sale, or distributing certain batteries or battery-containing products in or into the state must participate in and finance a battery stewardship organization that has submitted a plan to the executive director. On and after July 1, 2029, a retailer is prohibited from selling, offering for sale, distributing, or otherwise making available for sale certain batteries or battery-containing products in the state unless the producer of the batteries or battery-containing products is participating in a battery stewardship organization that has an approved plan. A retailer is prohibited from charging a point-of-sale fee to consumers to cover the costs of a battery stewardship organization. The act specifies what a plan must contain to be approved by the executive director, including, among other things, contact information for participating producers, performance goals, and methods to promote participation in the plan and increase public awareness of the battery stewardship program (program) that will be implemented by the battery stewardship organization pursuant to the plan. In addition, a plan must detail how the battery stewardship organization will arrange for the collection of certain batteries by establishing collection sites that are available free of charge to any person. A battery stewardship organization implementing an approved plan is required to develop and administer a system to collect charges from participating producers to cover the costs of implementing the program. In addition, a battery stewardship organization, in consultation with the department of public health and environment (department) and interested stakeholders, must complete an assessment of the opportunities and challenges associated with the end-of-life management of certain batteries, which assessment must be submitted by the department to the general assembly on or before March 1, 2028. On or before June 1, 2029, and on or before each June 1 thereafter, a battery stewardship organization with an approved plan must submit an annual report to the executive director, which report must include certain information about the preceding year of plan implementation. The act also requires a battery stewardship organization to carry out promotional activities to increase public awareness of the program. Battery stewardship organizations with approved plans must coordinate to conduct a survey of public awareness of the programs and share the results of the survey with the executive director as part of the annual reports. A battery stewardship organization is required to pay a one-time fee of $50,000 at the time of submittal of a plan to the executive director. If the executive director approves the plan, the battery stewardship organization is required to pay an additional fee of $86,000. Within 12 months after a plan is approved, and on or before each July 1 thereafter, a battery stewardship organization must pay to the department an annual fee to cover the department's cost of implementing, administering, and enforcing the act's requirements. The solid and hazardous waste commission establishes the amount of the annual fee by rule. On and after January 1, 2028, the act prohibits a producer or retailer from selling, offering for sale, or distributing in or into the state certain batteries unless the batteries are marked with labels that: Identify the producer of the batteries; and Include certain information to ensure the proper collection and recycling of the batteries. Beginning January 1, 2030, a person is required to manage certain unwanted batteries through delivery to a collection site, program, or event established by the program. A person is prohibited from disposing of certain batteries in a landfill. The department will enforce violations of the act's requirements pursuant to the enforcement process for the state hazardous waste management program. (Note: This summary applies to this bill as enacted.)

To improve the clarity and certainty of the statutes, the act amends, repeals, and reconstructs various statutory provisions of law that are obsolete, imperfect, or inoperative. The specific reasons for each amendment or repeal are set forth in the appendix to the act. The amendments made by the act are not intended to change the meaning or intent of the statutes. (Note: This summary applies to this bill as enacted.)

The act incorporates the federal "Uniform Code of Military Justice" (federal code) into the "Colorado Code of Military Justice" (state code), including specifically the punitive articles and general article of the federal code, which describe punishable offenses, and the statute of limitations that applies to charges brought pursuant to the state code. The act repeals sections of the state code that are duplicative of the incorporated federal code. Additionally, the act: Applies the state code to a member of the state military forces (member) at all times, except when the member is ordered to active federal service pursuant to title 10 of the United States Code; Clarifies a commanding officer's authority to impose nonjudicial punishment under the state code; Makes changes to the procedures that govern courts-martial, the punitive authority of courts-martial, and the review of the decisions of courts-martial; and If concurrent civilian and military jurisdiction exists over the same offense and a district attorney has filed felony charges against a member for the offense, requires the state military forces to defer felony prosecution of the member to the district attorney.(Note: This summary applies to this bill as enacted.)

The department of public health and environment (department) is required to conduct a study of capital needs for rural and frontier hospitals throughout the state (study). The rural and frontier hospital capital needs study task force (task force) is created and is required to oversee the study. The study must measure the number of studied facilities that are not compliant with current and relevant design and building code standards for health-care facilities, identify the age of core facilities and any additions to those facilities, and estimate the costs for renovating or replacing facilities identified as having capital needs. No later than 18 months after the first meeting of the task force, the department is required to complete the study and compile the results of the study into a report. The department is required to present the report to the respective health and human services committees of the senate and house of representatives. The task force is made up of the following 7 members who must be appointed no later than 2 months after sufficient funding has been secured for the implementation of the act: 3 members who work in rural or frontier hospitals; One member who is an architect professional; One member who is a construction contractor professional; One member who represents hospitals; and One member of the general public who lives in a rural area or frontier area. In addition to overseeing the study, the task force is responsible for developing and approving the parameters of the study and overseeing the department's report. The task force may also facilitate contracting with a private sector consulting company to assist with data compilation, research, and outreach to rural and frontier hospitals. The task force is required to hold its first meeting within 2 months of all appointments being made to the task force and meet at least quarterly after the first meeting until the study and the report are complete. The requirements imposed on the department, the task force, and any third party in connection with the study are contingent upon money being available through gifts, grants, or donations for the purpose of conducting the study. (Note: This summary applies to this bill as enacted.)

Cell Phone Connectivity Interim Study Committee. The bill requires that an application by a telecommunications provider for the siting and construction of a new wireless telecommunications service facility for telecommunications or for the substantial change of an existing wireless telecommunications service facility for telecommunications (application) submitted to a local government is deemed approved by the local government if: The local government has not approved or rejected the application within 60 90 days after the application is submitted to the local government or conducted a pre-application meeting or other documented communication regarding the application, whichever is earlier (60-day time period) the applicant complies with the first procedural step required by the local government as part of its applicable regulatory review process or after the applicant submits a collocation application if the local government's applicable regulatory process does not specify that first procedural step; except that the period for approval or rejection of a siting application that is not for a collocation or a small cell facility is 120 days (applicable consideration period); The telecommunications provider has provided all public notices required under applicable law; and The telecommunications provider has provided notice to the local government that the 60-day time applicable consideration period has lapsed and that the application is deemed approved. A local government may toll the 60-day time applicable consideration period to allow the local government to make timely requests for information to complete an application. The 60-day time applicable consideration period may also be extended by mutual agreement of the telecommunications provider and the local government. If a local government determines that a collocation or siting application is incomplete, the local government is required to provide written notification to the applicant within 30 days after the submission of the application of the missing documents or information that the applicant must submit to render the application complete and identify the specific regulation that requires the applicant to provide the missing documents or information, and the applicable consideration period is tolled from the date of notification until the applicant provides the missing documents or information. A local government may seek judicial review of the deemed approval of a collocation application or siting application within 30 days after it receives notice of the deemed approval. If a local government requires an applicant to obtain a traffic control plan or other permit related to obstruction of, or safety in, a public right-of-way before a collocation or siting application is approved, the applicant shall not commence the construction or substantial change of a wireless service facility for telecommunications pursuant to an collocation or siting application deemed approved pursuant to the bill until the traffic control plan or other permit is obtained. A local government is prohibited from unreasonably withholding, conditioning, or delaying approval of the issuance of a traffic control plan or other permit to delay the approval of a collocation application or siting application or prohibiting or unreasonably discriminating in favor of, or against, any technology in taking action on a collocation or siting application. The bill also prohibits a A local government is prohibited from requiring a telecommunications provider that removes, discontinues, or replaces telecommunications equipment at an existing wireless telecommunications facility to file a new application or obtain additional permits if: The telecommunications provider notifies the local government of the necessary removal, discontinuance, or replacement of the telecommunications equipment; and The removal, discontinuance, or replacement of the telecommunications equipment is not a substantial change to the facility. The bill takes effect on January 1, 2026. The bill clarifies that its requirements do not supersede, nullify, or otherwise alter generally applicable and nondiscriminatory building, electrical, fire, or other safety requirements. (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.)

The act creates the community schoolyards grant program (grant program) in the division of local government (division) within the department of local affairs (department). The grant program is a 2-part grant program that includes: The planning and design grant program (planning program), which awards up to $150,000 to each grant recipient selected by the division for the planning and design of a community schoolyard; and The capital construction and improvement grant program (construction program), which awards up to $850,000 to each grant recipient selected by the division for the capital construction of a community schoolyard. The purpose of the grant program is to address inequities in underserved and underfunded schools and communities, specifically communities socially or economically affected by the development, processing, or energy conversion of minerals and mineral fuels subject to taxation, by: Making community schoolyards accessible to the broader community outside of school hours; Improving physical activity and mental health opportunities for students and community members; and Incorporating natural landscapes, natural playgrounds, and recreational spaces that promote adaptation; sustainability; resilience; and hands-on learning across subject matters, including science, technology, engineering, arts, and mathematics. On or before January 15, 2026, the division shall implement a timeline for the planning program and the construction program (programs), which must include, at a minimum: Announcing each of the programs; Accepting applications from eligible applicants for each of the programs; Selecting the grant recipients for each of the programs; Distributing grant money to the grant recipients for each of the programs; and Establishing reporting timelines and requirements for each of the programs. On or before January 15, 2028, the division shall compile a report summarizing the grant recipient reports from the programs. The division shall submit the report to the education committees of the house of representatives and senate; the house of representatives transportation, housing, and local government committee; and the senate local government and housing committee, or their successor committees. For the 2025-26 and 2026-27 state fiscal years, the department shall use $4 million from the local government mineral impact fund or the local government severance tax fund for the grant program. The division may use up to 5% of the funds it receives for the grant program to pay for the direct and indirect costs of administering the grant program. The division may adopt rules to carry out the purposes of the grant program. The grant program is repealed, effective January 1, 2030. For the 2025-26 state fiscal year, $50,000 is appropriated to the department for use by the division from the reappropriated funds from the local government mineral impact fund and the local government severance tax fund. (Note: This summary applies to this bill as enacted.)

The act requires an online marketplace to alert a law enforcement agency if the online marketplace knows or should have known that a third-party seller is selling or attempting to sell stolen goods to a consumer in Colorado, unless the online marketplace has received a notice from the law enforcement agency that the same third-party seller is suspected of selling or attempting to sell the same stolen goods on the online marketplace to a consumer in Colorado. An online marketplace is required to establish: A mechanism that allows the online marketplace to timely and confidentially communicate with a law enforcement agency; and Internal policies, systems, and staff to monitor product listings to detect and prevent organized retail crime.(Note: This summary applies to this bill as enacted.)

The act requires that, immediately after a railroad notifies the state's watch center in the department of public safety (watch center) of an emergency involving a train, the watch center must notify the public utilities commission (commission) and the office of rail safety (office) of the incident. The commission is required to submit a report to specified committees of the general assembly on the information reported by railroads regarding an emergency involving a train. A crew member of a train operated by a railroad may communicate with first responders during an emergency situation after notifying the railroad dispatch. A crew member has discretion in determining the appropriate response to the emergency situation, including cutting the railroad crossing. A railroad employee or a crew member is immune from civil liability and is not liable in civil damages for actions taken in good faith in the course of a response to an emergency situation involving a train. The act eliminates the shared authority that the commission, the department of public safety, and the department of transportation had to inspect and investigate railroads and grants the commission alone the authority to engage in inspection, investigation, and enforcement activities regarding the following railroads: A class I railroad; A railroad operating on any line that was used by class I railroads as of July 1, 2024; and A passenger railroad. The act requires the office to gather, analyze, and assess information, including: Data to create a more comprehensive understanding of railroad safety; Wayside detector information; Information regarding blocked public crossing locations; Information regarding railroad maintenance activity; An assessment of the state's ability to respond to a large-scale release of hazardous materials from railroad transportation; The best practices for ensuring financial responsibility for response, cleanup, and damages from major rail events, including reviewing best practices from other states; and Communication issues impacting railroad lines in the state. Beginning on or before July 1, 2027, a railroad regulated by the commission is required to pay a fee to cover the costs incurred by the commission and the office in relation to the act. The commission shall determine a methodology for calculating the fee by rule, and the commission may include specified criteria in the calculation. The total amount collected pursuant to the annual fee must not exceed $2,900,000 in a calendar year. A railroad regulated by the commission must pay the fee in equal quarterly installments and is subject to penalties and interest if they fail to timely pay the fee. (Note: This summary applies to this bill as enacted.)

The act extends the Emily Keyes - John W. Buckner organ and tissue donation awareness fund indefinitely. (Note: This summary applies to this bill as enacted.)

Section 1 of the act requires, in addition to othr existing uses, that interest and income earned on the investment of the money in the public school fund to be used to pay for the costs of administering a newly created shared equity down payment assistance program. Section 2 requires at least one member of the public school fund investment board (board) to have expertise in community investments, requires the board to direct the state treasurer to securely invest money deposited in the public school fund in a manner that prioritizes specified new investment objectives, and authorizes the board to enter into contracts with investment advisors or other investment professionals to provide advice on community investments. Section 3 extends the time frame under which the state treasurer may make up a loss of principal to the public school fund by taking actions which lead to gains in the fund from 18 to 24 months. Section 4 creates a new community investment portfolio (portfolio) within the public school fund, and requires the state treasurer to invest at least 20% of the public school fund's value into the community investment portfolio by July 1, 2032. Money in the portfolio must be invested in community investments, and allowable community investments include: Bonds issued by Colorado school districts and charter schools; Certificates of participation issued by Colorado school districts and charter schools; Mortgage pass-through securities and collateralized mortgage obligations secured by residential real estate, the majority of which is owned by public school employees; Loans to the Colorado middle income housing authority for a revolving loan fund that funds rental housing developments that include preferences for public school employees; Bonds issued by the middle income housing authority that fund rental housing developments which include preferences for public school employees; Bonds or mortgage-backed securities issued by the Colorado housing and finance authority that fund rental housing developments that include preferences for public school employees or mortgages secured by residential real estate, the majority of which is owned by public school employees; Mortgage revenue bonds that support public school employee mortgages with interest rates of 3% or less; Loans to community development financial institutions or nonprofits with a history of providing affordable home ownership financing that fund: Housing that includes preferences for public school employees; or Low-interest mortgages secured by residential real estate that is owned by public school employees; Down payment shared appreciation products secured by residential real estate that is owned by public school employees; and Other investments that support public purpose of the portfolio. The educator first home ownership program (program) is created within the portfolio. Subject to a specified limitation, the treasurer shall invest the following amounts in the program by the following dates: By July 1, 2028, the greater of 6% of the fund's value or $100 million; and By July 1, 2030, the greater of 12% of the fund's value or $200 million. The treasurer shall aim to invest a target of 75% of the money in the program into the shared equity down payment assistance program for public school employees. The shared equity down payment assistance program must be established by July 1, 2026. Once the shared equity down payment assistance program is established: The public school fund investment board shall purchase from the program manager the mortgage products created through the shared equity down payment assistance program; and The public school investment board may provide notice of any discontinuation of future investments that the program manager has not already committed to the shared equity down payment assistance program, which notice must be provided at least 6 months prior to discontinuation. The treasurer shall aim to invest a target of 25% of the money in the program into allowable community investments. The program manager shall establish underwriting criteria and other guidelines for the shared equity down payment assistance program so that the shared equity down payment assistance program: Prioritizes first-time home buyers that use the home as a primary residence; Provides shared equity down payment assistance to public school employees and aims to help as many public school employees as possible achieve affordable home ownership; and Allows appreciation-sharing between the shared equity down payment assistance program and the borrower. Unless investments in the shared equity down payment assistance program have been discontinued and there is no fund money invested in the shared equity down payment assistance program, the program administrator shall present an annual report to the board on program outcomes. For the 2025-26 state fiscal year, section 5 appropriates $375,900 from interest or income earned on the investment of the money in the public school fund to the department of the treasury. (Note: This summary applies to this bill as enacted.)