Sen. Dylan Roberts

The act requires the department of public health and environment (department), to the extent that funding is available as part of the department's green business network, to: Provide annual training that includes food waste prevention and reduction strategies; Develop a food waste reduction guidance document (document); Place the document on the department's public website; and Update the document at least annually. The act suggests means by which retail food establishments may donate or resell safe food. The act states that, on and after January 1, 2026, grocery stores are encouraged to: Clearly display the ingredients of items of prepared food; and Use "best if used or frozen by" dates rather than "sell by" dates upon prepared items of food. Current law provides civil and criminal immunity to a farmer, retail food establishment, correctional facility, school district, hospital, or processor, distributor, wholesaler, or retailer of food that donates items of food to a nonprofit organization for use or distribution in providing assistance to individuals in need. The act extends this immunity to apply to: Faith-based organizations that donate food; and Food donations to faith-based organizations and individuals. The act also clarifies that the immunity from liability applies regardless of whether the donated food is alleged to have caused illness or death. (Note: This summary applies to this bill as enacted.)

In current law there is a prohibition on schools contracting for facial recognition services that is set to repeal on July 1, 2025. The prohibition contains an exception for a contract executed prior to the date the prohibition became law or a renewal of that contract. The act removes the repeal and creates new exceptions for contracts that are: In effect on the date the act becomes law; For a product, device, or software application that allows for analysis of facial features for educational purposes in conjunction with curricula; or For a product, device, or software application that allows for the analysis of facial features to identify a person who has made an articulable and significant threat against a school or the occupants of a school, to identify a missing student when there is a reasonable belief that the student is still on school grounds, or to identify an individual who has been ordered by the court or school administration to stay off school district property. The act prohibits processing the biometric identifiers obtained from the facial recognition services without consent. A school must provide notice of the use of facial recognition software. Each school district shall develop a policy governing the use of facial recognition technology, including clear guidelines on access and oversight. The policy must designate specific authorized personnel, such as school administrators and law enforcement officials, who are permitted to process facial recognition data in response to an articulable and significant threat against the school. Whenever a school, employee of a school, or contractor of a school engages in a practice that violates the act, the aggrieved party may apply for a temporary restraining order or injunction, or both. The court may enter orders or judgments as necessary to prevent the prohibited practice, to restore any person injured to their original position, or to prevent any unjust enrichment by any person through the use or employment of any violation. (Note: This summary applies to this bill as enacted.)

The act requires an insurer that issues or renews an automobile insurance policy to include in the applicable coverage the replacement cost of a child restraint system that is in a motor vehicle at the time of a motor vehicle accident and to which the coverage is applicable. The act requires the insurer to ask a claimant if a child restraint system was in the motor vehicle at the time of the accident and, if so, requires the applicable coverage to cover the cost of its replacement. (Note: This summary applies to this bill as enacted.)

The act prohibits food processing plants from selling or offering for sale cell-cultivated meat that is misbranded as a meat product. The act also requires food processing plants to clearly label cell-cultivated meat as cell-cultivated meat. The department of public health and environment (department) is required to inspect food at a food processing plant if the department has reasonable cause to believe that: Cell-cultivated meat sold or offered for sale by the plant is misbranded as a meat product; or The plant is failing to label cell-cultivated meat as required. If, after an inspection, the department has reasonable cause to believe that a food processing plant is selling or offering for sale cell-cultivated meat that is misbranded as a meat product, or is failing to label cell-cultivated meat as required, the department may issue a stop order. Upon being issued the stop order, the food processing plant shall not sell the product or offer it for sale until the department determines whether it is misbranded or unlabeled in violation of the act. If the department determines that a food processing plant is selling or offering for sale cell-cultivated meat that is misbranded as a meat product, or is failing to label cell-cultivated meat as required, the department may issue an embargo order requiring the food processing plant to dispose of the cell-cultivated meat by means other than by sale to purchasers in Colorado. The department, the attorney general, or the district attorney in the district where cell-cultivated meat is being offered for sale or sold may petition the district court to enforce a stop order or an embargo order. The department may adopt rules as necessary to implement the act. (Note: This summary applies to this bill as enacted.)

The act specifies that the fair access to insurance requirements plan association (association) is not: A department, unit, agency, political subdivision, or instrumentality of the state; or An insurance company or a person engaged in the business of insurance. The act also grants a member insurer, the association and its agents or employees, the board of directors of the association, and the commissioner of insurance or the commissioner's representatives immunity for any action taken by them in the performance of their powers and duties for the association. The act specifies that the only causes of action and remedies available to a policyholder of a fair access to insurance requirements plan policy against the association is for breach of contract or breach of the common law covenant of good faith and fair dealing. (Note: This summary applies to this bill as enacted.)

The act expands the conduct that can constitute the crime of obstructing governmental operations to include the repeated calling of or contact with 911 dispatch centers or specified public safety entities without justifiable cause. (Note: This summary applies to this bill as enacted.)

The act allows a board of county commissioners to appoint an individual who is already an elected or appointed state, county, or city official to a public hospital board of trustees (hospital board). Before passage of the act, a hospital board was required organize and operate on the second Tuesday of each January. The act changes that requirement to mandate that a hospital board organize and operate on an annual basis. The act eliminates a requirement that one of the trustees of a hospital board must visit and examine the hospital at least twice each month. The act also changes the deadline by which a hospital board must certify to a board of county commissioners the amount necessary to maintain and improve the hospital for the ensuing year from October 1 to December 1. (Note: This summary applies to this bill as enacted.)

Current law requires the Colorado electric transmission authority (authority) to conduct a study on the need for expanded transmission capacity in the state and prepare a final report of the study on or before January 31, 2025. Section 2 of the bill authorizes the authority to conduct the study on a recurring basis and requires the authority to present a statewide transmission plan, based on the results of the study, to the Colorado public utilities commission (commission) and the legislature every 3 years, beginning on or before September 1, 2027. Section 2 requires the authority to consider advanced transmission technologies in the study and identify certain projects that use advanced transmission technologies. "Advanced transmission technologies" is defined in section 1 as hardware or software technologies that increase the capacity, efficiency, reliability, or resiliency of an existing or new transmission facility. Section 3 designates the authority as a statewide transmission coordinator. Among other duties, the authority is required to facilitate coordinated statewide planning; engage with regional and interregional planning processes; and establish an expert advisory panel to review and provide feedback on model inputs, assumptions, and approaches. Under current law, an electric utility must submit an electric resource plan to the commission for approval. Sections 4 and 5 require an electric utility to: Include in the electric resource plan a transmission plan that identifies certain transmission resources and projects; Incorporate in the electric resource plan an evaluation of advanced transmission technologies or submit to the commission an explanation of why advanced transmission technologies are not included in the electric resource plan; and Provide model inputs and assumptions and other system information or methodology consultation necessary to support the authority in acting as a statewide transmission coordinator. Section 4 allows the commission to design incentives for a retail electric utility that utilizes advanced transmission technologies. Section 6 requires an electric utility to consider advanced transmission technologies in the electric utility's 10-year transmission plan.(Note: This summary applies to this bill as introduced.)

The act encourages each local education provider to adopt a policy to reduce food waste in school cafeterias and food preparation facilities (policy). The policy may address food waste diversion and aversion initiatives, including composting, donation of excess food to local nonprofits, or share table programs that permit students to return whole food or beverage items for redistribution to other students. A local education provider that implements a policy shall comply with all applicable sanitation and health requirements, including protocols to prevent student exposure to allergens, and shall require school personnel to complete related safety training. Current law establishes the Colorado circular communities enterprise (enterprise) to award grants and other funding and to provide technical assistance to certain entities throughout the state that pursue a circular economy for waste management, including waste diversion and aversion. The act requires the enterprise to consider reducing food waste by incentivizing public schools to develop and implement effective composting, excess food donation, or share table programs. The act extends limited immunity from civil and criminal liability to school personnel and local education providers that supervise food and beverage redistribution in accordance with policies that include share tables. (Note: This summary applies to this bill as enacted.)

The act clarifies that the child of an inbound active duty military member (member) who has an existing individualized education program (IEP) or existing section 504 plan is eligible for open enrollment, remote enrollment, and guaranteed matriculation. The act requires the school district, district charter school, or an institute charter school (local education provider) where the child enrolls to ensure the student receives the appropriate services and accommodations, consistent with the child's existing IEP or section 504 plan, without unreasonable delay upon enrollment. The act requires each local education provider to take reasonable steps to notify members and their families of their rights, including providing information on special education services to prevent inadvertent exclusion and to ensure members and their families are fully informed of available supports. (Note: This summary applies to this bill as enacted.)