Colorado Demolition Licensing Law
Colorado Code · 54 sections
The following is the full text of Colorado’s demolition licensing law statutes as published in the Colorado Code. For the official version, see the Colorado Legislature.
C.R.S. § 10-4-110.8
10-4-110.8. Homeowner's insurance - prohibited and required practices - estimates of replacement value - additional living expense coverage - copies of policies - personal property contents coverage - inventory of personal property - requirements concerning total loss scenarios resulting from wildfire disasters - definitions - rules. (1) An insurer may not cancel or fail to renew coverage of an insured solely because the insured inquires about coverage for homeowner's insurance and the inquiry is not related to an actual claim to the property insured.
(2) An insurer may only provide information regarding claims to an entity
that compiles or monitors personal claim or loss experience shared by insurers for underwriting or rating purposes.
(3) As used in this section, unless the context otherwise requires:
(a) Additional living expense coverage or ALE covers increased living
expenses during the time required to repair or replace damage to the policyholder's dwelling unit following an insured loss or, if the policyholder permanently relocates, the time required to move the policyholder's household to a new location.
(b) Claim includes a demand for payment of a benefit by the insured, the
payment of a covered benefit by an insurer, a loss reserve established by the insurer, a loss adjustment expense incurred by the insurer, or a payment made to the insured.
(c) Dwelling means a single-family home, other than a mobile home,
condominium, or manufactured home, that is used as a primary residence by the owner of the dwelling.
(d) Extended replacement cost coverage pays a designated amount above
the policy limit to replace a damaged structure if necessary under current building conditions.
(d.7) Inflation protection coverage means coverage that provides
automatic adjustments of the coverage amount on the dwelling or structure being insured to protect against the impact of inflation.
(e) Inquiry means a request for information regarding the terms, conditions,
or coverages afforded under an insurance contract.
(f) Law and ordinance coverage means coverage for increased costs of
demolition, construction, renovation, or repair associated with the enforcement of building ordinances and laws.
(g) (I) Owner-occupied residence means a residence that is occupied
primarily for the use of the owner and the owner's designees.
(II) Owner-occupied residence includes, but is not limited to, an owner-occupied primary residence.
(III) Owner-occupied residence does not include any property that is
insured under a commercial insurance or agribusiness policy.
(h) Recoverable depreciation means the difference between the cost to
replace insured property and the actual cash value of the property.
(i) Wildfire means a rapidly spreading fire that is difficult to bring under
control in an area that includes combustible vegetation, such as trees, grass, brush, or bushes, which fire causes widespread or severe damage to property, regardless of the original source of ignition of the fire.
(4) Every insurer issuing a policy of homeowner's insurance shall comply
with section 10-3-1104 (1)(h) and all other provisions of part 11 of article 3 of this title.
(5) (a) In a common interest community, as defined in section 38-33.3-103
(8), C.R.S., a unit owner may file a claim against the policy of the unit owners' association to the same extent, and with the same effect, as if the unit owner were a named insured if the following conditions are met:
(I) The unit owner has contacted the executive board or the association's
managing agent in writing, and in accordance with any applicable association policies or procedures for owner-initiated insurance claims, regarding the subject matter of the claim;
(II) The unit owner has given the association at least fifteen days to respond
in writing, and, if so requested, has given the association's agent a reasonable opportunity to inspect the damage; and
(III) The subject matter of the claim falls within the association's insurance
responsibilities.
(b) The association's insurer, when determining premiums to be charged to
the association, shall not take into account any request by a unit owner for a clarification of coverage.
(6) (a) (I) Before issuance or renewal of a replacement-cost homeowner's
insurance policy whose dwelling limit is equal to or greater than the estimated replacement cost of the residence, the insurer shall make available to an applicant the opportunity to obtain extended replacement-cost coverage and law and ordinance coverage. At a minimum, the insurer shall offer law and ordinance coverage in an amount of insurance equal to twenty percent of the limit of the insurance for the dwelling and extended replacement-cost coverage in an amount of insurance that is at least fifty percent of the limit of the insurance for the dwelling. Information provided must be accompanied by an explanation of the purpose, terms, and cost of these coverages. This subsection (6)(a) does not apply to any homeowner's insurance policy that already includes guaranteed replacement cost coverage, inflation protection coverage, extended replacement-cost coverage, or law and ordinance coverage in amounts greater than or equal to the amounts specified in this subsection (6)(a).
(II) No later than January 1, 2025, and as prescribed by the commissioner by
rule, the insurer shall:
(A) List on the declaration page of the policy, in bold and in twelve-point
type, whether a consumer purchased or rejected the additional coverages listed in this subsection (6)(a); and
(B) Provide the premium cost associated with the rejected additional
coverages listed in this subsection (6)(a) in a separate notice with the application or renewal of the policy.
(b) All homeowner's insurance replacement-cost policies for a dwelling must
include additional living expense coverage. This coverage must be available for a period of at least twelve months and is subject to other policy provisions. Insurers shall offer policyholders the opportunity to purchase a total of twenty-four months of ALE coverage and give an applicant an explanation of the purpose, terms, and cost of this coverage. This paragraph (b) does not apply to any homeowner's insurance policy that already includes at least twenty-four months of ALE coverage as a standard provision.
(7) (a) The text of all endorsements, summary disclosure forms, and
homeowner's insurance policies must not exceed the tenth-grade reading level, as measured by the Flesch-Kincaid grade level formula, or must not score less than fifty as measured by the Flesch reading ease formula. Insurers shall revise all homeowner's insurance policies issued or renewed in Colorado on or after January 1, 2015, to comply with this subsection (7). Thereafter, all homeowner's insurance policies must comply with this subsection (7).
(b) For the purposes of this subsection (7):
(I) A contraction, hyphenated word, or numbers and letters, when separated
by spaces, count as one word;
(II) A unit of words ending with a period, semicolon, or colon, but excluding
headings and captions, count as a sentence; and
(III) A syllable means a unit of spoken language consisting of one or more
letters of a word as divided by an accepted dictionary. If the dictionary shows two or more equally acceptable pronunciations of a word, a pronunciation containing fewer syllables may be used.
(IV) Text includes all printed matter except the following:
(A) The name and address of the insurer; the name, number, or title of the
policy; the table of contents or index; captions and subcaptions; and specification pages, schedules, or tables; and
(B) Any policy language that is drafted to conform to the requirements of a
federal law or regulation; any policy language required by a collectively bargained agreement; any medical terminology; any words that are defined in the policy; and any policy language required by law or regulation if the insurer identifies the language or terminology excepted and certifies in writing that the language or terminology is entitled to be excepted.
(8) The insurer must consider the following factors as a basis for
establishing the reconstruction cost of a dwelling:
(a) The reconstruction cost estimated from the annual report prepared
pursuant to section 10-1-144;
(b) The reconstruction cost estimating software used and the software
estimate;
(c) Specific reconstruction expenses, including:
(I) Labor, building materials, and supplies;
(II) A contractor's overhead and profit;
(III) Demolition and debris removal;
(IV) Cost of permits and architect's plans and fees; and
(V) Features of the structure, including:
(A) The foundation type;
(B) The type of frame;
(C) Roofing materials and type of roof;
(D) Siding materials and type of siding;
(E) Square footage;
(F) Number of stories;
(G) Any wall heights that are not standard;
(H) Interior features and finishes, such as the heating and air conditioning
system, walls, flooring, ceiling, fireplaces, kitchen, and bathrooms;
(I) The age of the original structure or the year of the original structure's
construction; and
(J) The size and type of any attached garage; and
(d) An estimate from a contractor or an architect licensed pursuant to article
120 of title 12, if submitted by the policyholder.
(9) At renewal of a homeowner's insurance policy, the insurer shall provide
written notification to the policyholder describing changes in insurance policy language that are applicable to that renewal period.
(9.5) (a) At application and renewal of a replacement-cost homeowner's
insurance policy for a dwelling that is issued or renewed on and after January 1, 2025, the insurer shall:
(I) Provide the applicant or policyholder with an estimate of the cost
necessary to reconstruct the covered structure;
(II) Disclose to the applicant or policyholder, in a form and manner prescribed
by the commissioner by rule:
(A) How the estimate was calculated, taking into account the factors listed
in subsection (8) of this section; and
(B) The reconstruction costs for homes as detailed in the annual report
required in section 10-1-144 for the same geographic area of the insured's home;
(III) Provide copies of any generated estimates from any software or tools or
services used by the insurer to establish the reconstruction costs; and
(IV) Provide the applicant or policyholder with the web address of, or a link
to, the report prepared pursuant to section 10-1-144.
(b) An insurer otherwise subject to this subsection (9.5) does not have to
comply with the requirements of this subsection (9.5) if:
(I) Within the two years prior to the offer of renewal of the homeowner's
insurance policy, the policyholder has requested and the insurer has provided coverage limits greater than the limits previously selected by the policyholder; or
(II) In connection with its annual offer to renew the policy, the insurer has
offered the policyholder, on an every-other-year basis, the right to recalculate the reconstruction cost estimate, and the policy includes inflation protection coverage.
(10) (a) A homeowner's insurance carrier shall make available to a
policyholder an electronic or paper copy of the policyholder's insurance policy, including the declaration page and any endorsements, within three business days after a request from the policyholder. The policyholder shall determine the method of delivery.
(b) A homeowner's insurance carrier shall make available to a policyholder a
certified copy of the policyholder's insurance policy within thirty calendar days after a written request from the policyholder is received by the insurance carrier's registered agent.
(c) (I) A homeowner's insurance carrier that fails to make available a certified
copy of an insurance policy to a requesting policyholder within thirty calendar days pursuant to subsection (10)(b) of this section is liable to the requesting policyholder for a penalty in the amount of fifty dollars per day, beginning on the thirty-first calendar day after the insurance carrier's registered agent receives the policyholder's request. The penalty accrues daily until the insurance carrier makes the certified copy of the homeowner's insurance policy available to the requesting policyholder.
(II) A homeowner's insurance carrier that violates subsection (10)(b) of this
section is responsible for reasonable attorney fees and costs that a requesting policyholder incurs enforcing this subsection (10)(c).
(11) (a) In the event of a total loss of the contents of an owner-occupied
primary residence that was furnished at the time of loss, the insurer shall offer the policyholder a minimum of thirty percent, or a larger percent by mutual agreement of the policyholder and insurer, of the value of the contents coverage reflected in the declaration page of the homeowner's policy without requiring submittal of a written inventory of the contents. In order to receive up to the full value of the contents coverage, the policyholder may accept the offer under this paragraph (a) and submit a written inventory as required by the insurer.
(b) If the policyholder receives the depreciated value of contents insured
under a policy, the insurer must make available to the insured the methodology used for determining the depreciated value of the insured contents.
(c) (I) An insurer shall allow the policyholder at least three hundred sixty-five
days after a total loss claim to submit an inventory of lost or damaged property.
(II) An insurer shall allow the policyholder at least three hundred sixty-five
days after expiration of ALE to replace property and receive recoverable depreciation on that property.
(12) (a) Notwithstanding any provision of a homeowner's insurance policy
that requires the policyholder to file suit against the insurer, in the case of any dispute, within a period of time that is shorter than required by the applicable statute of limitations provided by law, a homeowner may file such a suit within the period of time allowed by the applicable statute of limitations; except that this paragraph (a):
(I) Does not revive a cause of action that, as of May 10, 2013, has already
been barred by contract; and
(II) Applies only to a cause of action that, as of May 10, 2013, has not been
barred by contract.
(b) On and after January 1, 2014, an insurer shall not issue or renew a
homeowner's insurance policy that requires the policyholder to file suit against the insurer, in the case of any dispute, within a period of time that is shorter than required by the applicable statute of limitations provided by law.
(13) In offering, issuing, or renewing a homeowner's insurance policy in this
state, an insurer shall comply with the following minimum requirements concerning coverage provided under the policy to policyholders to protect them from damages that occur in the event of a total loss of an owner-occupied residence, including the contents of the owner-occupied residence, which loss occurs as a result of a wildfire disaster that the governor declares pursuant to section 24-33.5-704:
(a) A policy of homeowner's insurance may not limit or deny a payment of the
building code upgrade cost or a payment of any extended replacement cost available under the policy coverage for a policyholder's structure that was a total loss on the basis that the policyholder decided to rebuild in a new location or to purchase an existing structure in a new location if the policy otherwise covers the replacement cost or building code upgrade cost; except that the measure of indemnity may not exceed the replacement cost, including the upgrade costs and extended replacement cost for repairing, rebuilding, or replacing the structure at the original location of the loss.
(b) If a policy of homeowner's insurance requires a policyholder to repair,
rebuild, or replace damaged or lost property in order to collect the full replacement cost for the property, the insurer, subject to the policy limits, shall:
(I) Allow the policyholder at least thirty-six months to submit receipts and
invoices for the replacement costs of the insured owner-occupied residence, which period begins on the date upon which the insurer provides the initial payment toward the actual cash value of the damage or loss; and
(II) Provide that, in addition to the period described in subsection (13)(b)(I) of
this section, the policyholder has the option to twice extend such period by six months if the policyholder, acting in good faith and with reasonable diligence, encounters unavoidable delays in obtaining a construction permit, lacks necessary construction materials, lacks available contractors to perform necessary work, or encounters other circumstances beyond the policyholder's control. This subsection (13)(b)(II) does not prohibit an insurer from allowing a policyholder additional time to collect the full replacement cost for lost or damaged property or for additional living expenses.
(c) The policy must include additional living expense coverage to apply in the
event of such a loss. Notwithstanding subsection (6)(b) of this section, additional living expense coverage must be available for a period of at least twenty-four months, and the insurer shall offer the policyholder the opportunity to twice extend such period by six months if the policyholder, acting in good faith and with reasonable diligence, encounters a delay or delays in receiving necessary permit approvals for, or reconstruction of, the insured owner-occupied residence, which delays are beyond the control of the policyholder.
(d) The policy must provide that, notwithstanding subsection (11)(c) of this
section, to replace personal property and receive recoverable depreciation on that property, an insurer shall allow the policyholder the greater of:
(I) At least three hundred sixty-five days after the expiration of ALE; or
(II) Thirty-six months after the insurer provides the policyholder the first
payment toward the actual cash value of such loss.
(e) The policy must provide that the insurer will pay the policyholder for the
loss of use of the insured property within twenty days after the insurer receives documentation of such loss, which documentation may include a signed lease that obligates the policyholder to pay for temporary replacement housing; except that:
(I) If a policyholder provides a signed lease as documentation, the insurer
may pay the policyholder in monthly or other increments, in accordance with the terms of the lease; and
(II) Alternatively, an insurer may provide advance rent payments for housing
for the policyholder, family members, livestock, and pets, as necessary.
(f) The policy must provide that the policyholder may either:
(I) Replace the insured owner-occupied residence at the current location or
another location, in either of which case the calculation of the replacement cost of the insured owner-occupied residence shall not include consideration of the value of the land upon which the replacement residence is located; or
(II) Use the proceeds from the policy to purchase an existing residence at a
new location, in which case the calculation of the replacement cost of the insured owner-occupied residence shall not include consideration of the value of the land upon which the existing residence is located.
(g) The policy must allow a policyholder to use claims payments resulting
from coverage against the loss of outbuildings, dwelling extensions, and other structures to pay the costs of a replacement residence if the coverage limit that applies to the policyholder's owner-occupied residence is insufficient to pay for rebuilding or replacing the owner-occupied residence. Any claims payments for losses pursuant to this subsection (13)(g) for which replacement cost coverage is applicable shall be for the full replacement value of the loss without requiring actual replacement of the other structures. Claims payments for other structures in excess of the amount applied toward the necessary cost to rebuild or replace the damaged or destroyed dwelling shall be paid according to the terms of the policy.
(h) Within a reasonable amount of time after receiving a claim under an
issued policy, an insurer shall provide to the policyholder:
(I) Appropriate contact information that allows for direct contact with either
an employee of the insurer or a representative who is capable of elevating complaints or inquiries to an employee of the insurer;
(II) At least one means of communication during regular business hours; and
(III) A written status report if, within a six-month period, the policyholder is
assigned a third or subsequent adjuster to be primarily responsible for a claim. The written status report must include a summary of any decisions or actions that are substantially related to the disposition of a claim, including the amount of losses to structures or contents, the retention or consultation of design or construction professionals, the amount of coverage for losses to structures or contents, and all items of dispute.
(14) If a homeowner's insurance policyholder experiences a total loss of the
contents of an owner-occupied residence that was documented as being furnished at the time of loss as a result of a wildfire disaster that is declared by the governor pursuant to section 24-33.5-704, the insurer shall:
(a) Notwithstanding subsection (11)(a) of this section, offer the policyholder a
minimum of sixty-five percent, or a larger percent by mutual agreement of the policyholder and insurer, of the limit of the contents coverage indicated in the declaration page of the policy without requiring the policyholder to submit a written inventory of the contents;
(b) Notify the policyholder that:
(I) Acceptance of the money described in subsection (14)(a) of this section
does not change the benefits available under the policy;
(II) Additional money may be available if the policyholder submits an
inventory; and
(III) The insurer is required, pursuant to subsection (11)(b) of this section, to
disclose its methodology for determining the depreciated value of the contents of insured property;
(c) (I) If the policyholder submits an inventory of personal property losses in
an amount that exceeds the amount paid to the policyholder pursuant to subsection (14)(a) of this section:
(A) Request any additional information concerning the inventory no later
than thirty days after receiving the inventory; and
(B) Provide payment for any covered and undisputed items within thirty days
after receiving the inventory.
(II) The commissioner shall adopt rules to simplify the process for
policyholders to submit an inventory for personal property losses and expedite reimbursement for such losses.
(d) Provide payment for covered costs associated with the removal of debris
within sixty days after receiving an invoice, receipt, or other documentation indicating the date and cost of the removal of the debris; except that, in cases where debris removal is conducted by, or in coordination with, governmental entities, payment for covered costs for removal of debris will be provided within a reasonable amount of time; and
(e) Provide payment for any covered loss of trees, shrubs, and landscaping
within thirty days after the insurer receives documentation of such loss, such as documentation from a reputable landscaping company, showing the number and nature of trees, shrubs, and landscaping features damaged or destroyed.
(15) The commissioner may adopt rules as necessary to implement this
section, including rules regarding:
(a) The information that insurers must consider in estimating reconstruction
costs;
(b) The use of reconstructing cost estimator tools and services; and
(c) The requirements to provide information in the summary disclosure form
to consumers that explains replacement cost coverage, actual cash value coverage, and the ability of consumers to purchase affordable coverage.
(16) (a) An insurer shall not refuse to issue, cancel, refuse to renew, or
increase a premium or rate for a homeowner's insurance policy, a dwelling fire insurance policy, a commercial policy for multifamily units, or a policy to cover the contents of a structure used for a residence and occupied by an owner or renter based on the breed or mixture of breeds of a dog that is kept at the dwelling, multifamily unit, or structure used as a residence.
(b) This subsection (16) does not prohibit an insurer from refusing to issue,
canceling, refusing to renew, or imposing a reasonable increase to a premium or rate for a homeowner's insurance policy, a dwelling fire insurance policy, a commercial policy for multifamily units, or a policy to cover the contents of a structure used for a residence and occupied by an owner or renter based on sound underwriting and actuarial principles on the basis that a particular dog kept at the dwelling, multifamily unit, or structure used as a residence is known to be dangerous or has been declared to be dangerous in accordance with section 18-9-204.5.
(c) An insurer may not ask or otherwise inquire about the specific breed or
mixture of breeds of a dog that is kept at the dwelling except to ask if the dog is known to be dangerous or has been declared to be dangerous in accordance with section 18-9-204.5.
(d) As used in this subsection (16), dwelling includes a dwelling unit as
defined in section 38-12-502 (3).
Source: L. 2004: Entire section added, p. 1972, � 3, effective August 4; entire
section added, p. 1981, � 2, effective January 1, 2005. L. 2005: (3) and (4) amended and (5) added, p. 1390, � 20, effective January 1, 2006. L. 2006: (5) amended, p. 1226, � 16, effective May 26. L. 2013: (12) added, (HB 13-1225), ch. 183, p. 672, � 2, effective May 10; (3) amended and (6) to (11) added, (HB 13-1225), ch. 183, p. 672, � 2, effective January 1, 2014. L. 2022: IP(3) and (3)(g) amended and (3)(h), (3)(i), (13), (14), and (15) added, (HB 22-1111), ch. 305, p. 2204, � 1, effective August 10. L. 2023: (3)(d.7) and (9.5) added and (6)(a) and (15) amended, (HB 23-1174), ch. 168, p. 820, � 3, effective August 7; (16) added, (HB 23-1068), ch. 416, p. 2463, � 2, effective January 1, 2024; (8) amended, (HB 23-1174), ch. 168, p. 820, � 3, effective January 1, 2025. L. 2025: (10) amended, (HB 25-1322), ch. 406, p. 2315, � 1, effective August 6; (16)(a) and (16)(b) amended, (HB 25-1207), ch. 224, p. 1025, � 1, effective August 6.
Editor's note: (1) Section 2(2) of chapter 406 (HB 25-1322), Session Laws of
Colorado 2025, provides that the act changing this section applies to requests made on or after August 6, 2025.
(2) Section 3(2) of chapter 224 (HB 25-1207), Session Laws of Colorado
2025, provides that section 1 of the act changing this section applies to insurance policies issued or renewed on or after August 6, 2025.
Cross references: (1) In 2013, subsection (3) was amended and subsections
(6) to (12) were added by the Homeowner's Insurance Reform Act of 2013. For the short title, see section 1 of chapter 183, Session Laws of Colorado 2013.
(2) For the legislative declaration in HB 23-1068, see section 1 of chapter
416, Session Laws of Colorado 2023.
C.R.S. § 13-21-111.5
13-21-111.5. Civil liability cases - pro rata liability of defendants - respondeat superior - shifting financial responsibility for negligence in construction agreements - legislative declaration. (1) In an action brought as a result of a death or an injury to person or property, no defendant shall be liable for an amount greater than that represented by the degree or percentage of the negligence or fault attributable to such defendant that produced the claimed injury, death, damage, or loss, except as provided in subsection (4) of this section.
(1.5) (a) Notwithstanding any provision of subsection (1) of this section to the
contrary, when an employer or principal acknowledges vicarious liability for an employee's or agent's negligence, a plaintiff's direct negligence claims against the employer or principal are not barred. A plaintiff may bring such claims, and conduct associated discovery, in addition to claims and discovery based on respondeat superior.
(b) Consistent with current law, nothing in this subsection (1.5) permits a
plaintiff to recover compensatory and exemplary damages more than once for the same injury.
(c) In enacting this subsection (1.5), it is the intent of the general assembly to
reverse the holding in Ferrer v. Okbamicael, 390 P.3d 836 (Colo. 2017), that an employer's admission of vicarious liability for any negligence of its employees bars a plaintiff's direct negligence claims against the employer.
(2) The jury shall return a special verdict, or, in the absence of a jury, the
court shall make special findings determining the percentage of negligence or fault attributable to each of the parties and any persons not parties to the action of whom notice has been given pursuant to paragraph (b) of subsection (3) of this section to whom some negligence or fault is found and determining the total amount of damages sustained by each claimant. The entry of judgment shall be made by the court based on the special findings, and no general verdict shall be returned by the jury.
(3) (a) Any provision of the law to the contrary notwithstanding, the finder of
fact in a civil action may consider the degree or percentage of negligence or fault of a person not a party to the action, based upon evidence thereof, which shall be admissible, in determining the degree or percentage of negligence or fault of those persons who are parties to such action. Any finding of a degree or percentage of fault or negligence of a nonparty shall not constitute a presumptive or conclusive finding as to such nonparty for the purposes of a prior or subsequent action involving that nonparty.
(b) Negligence or fault of a nonparty may be considered if the claimant
entered into a settlement agreement with the nonparty or if the defending party gives notice that a nonparty was wholly or partially at fault within ninety days following commencement of the action unless the court determines that a longer period is necessary. The notice shall be given by filing a pleading in the action designating such nonparty and setting forth such nonparty's name and last-known address, or the best identification of such nonparty which is possible under the circumstances, together with a brief statement of the basis for believing such nonparty to be at fault. Designation of a nonparty shall be subject to the provisions of section 13-17-102. If the designated nonparty is a licensed health-care professional and the defendant designating such nonparty alleges professional negligence by such nonparty, the requirements and procedures of section 13-20-602 shall apply.
(4) Joint liability shall be imposed on two or more persons who consciously
conspire and deliberately pursue a common plan or design to commit a tortious act. Any person held jointly liable under this subsection (4) shall have a right of contribution from his fellow defendants acting in concert. A defendant shall be held responsible under this subsection (4) only for the degree or percentage of fault assessed to those persons who are held jointly liable pursuant to this subsection (4).
(5) In a jury trial in any civil action in which contributory negligence or
comparative fault is an issue for determination by the jury, the trial court shall instruct the jury on the effect of its finding as to the degree or percentage of negligence or fault as between the plaintiff or plaintiffs and the defendant or defendants. However, the jury shall not be informed as to the effect of its finding as to the allocation of fault among two or more defendants. The attorneys for each party shall be allowed to argue the effect of the instruction on the facts which are before the jury.
(6) (a) The general assembly hereby finds, determines, and declares that:
(I) It is in the best interests of this state and its citizens and consumers to
ensure that every construction business in the state is financially responsible under the tort liability system for losses that a business has caused;
(II) The provisions of this subsection (6) will promote competition and safety
in the construction industry, thereby benefitting Colorado consumers;
(III) Construction businesses in recent years have begun to use contract
provisions to shift the financial responsibility for their negligence to others, thereby circumventing the intent of tort law;
(IV) It is the intent of the general assembly that the duty of a business to be
responsible for its own negligence be nondelegable;
(V) Construction businesses must be able to obtain liability insurance in
order to meet their responsibilities;
(VI) The intent of this subsection (6) is to create an economic climate that
will promote safety in construction, foster the availability and affordability of insurance, and ensure fairness among businesses;
(VII) If all businesses, large and small, are responsible for their own actions,
then construction companies will be able to obtain adequate insurance, the quality of construction will be improved, and workplace safety will be enhanced.
(b) Except as otherwise provided in paragraphs (c) and (d) of this subsection
(6), any provision in a construction agreement that requires a person to indemnify, insure, or defend in litigation another person against liability for damage arising out of death or bodily injury to persons or damage to property caused by the negligence or fault of the indemnitee or any third party under the control or supervision of the indemnitee is void as against public policy and unenforceable.
(c) The provisions of this subsection (6) shall not affect any provision in a
construction agreement that requires a person to indemnify and insure another person against liability for damage, including but not limited to the reimbursement of attorney fees and costs, if provided for by contract or statute, arising out of death or bodily injury to persons or damage to property, but not for any amounts that are greater than that represented by the degree or percentage of negligence or fault attributable to the indemnitor or the indemnitor's agents, representatives, subcontractors, or suppliers.
(d) (I) This subsection (6) does not apply to contract clauses that require the
indemnitor to purchase, maintain, and carry insurance covering the acts or omissions of the indemnitor, nor shall it apply to contract provisions that require the indemnitor to name the indemnitee as an additional insured on the indemnitor's policy of insurance, but only to the extent that such additional insured coverage provides coverage to the indemnitee for liability due to the acts or omissions of the indemnitor. Any provision in a construction agreement that requires the purchase of additional insured coverage for damage arising out of death or bodily injury to persons or damage to property from any acts or omissions that are not caused by the negligence or fault of the party providing such additional insured coverage is void as against public policy.
(II) This subsection (6) also does not apply to builder's risk insurance.
(e) (I) As used in this subsection (6) and except as otherwise provided in
subparagraph (II) of this paragraph (e), construction agreement means a contract, subcontract, or agreement for materials or labor for the construction, alteration, renovation, repair, maintenance, design, planning, supervision, inspection, testing, or observation of any building, building site, structure, highway, street, roadway bridge, viaduct, water or sewer system, gas or other distribution system, or other work dealing with construction or for any moving, demolition, or excavation connected with such construction.
(II) Construction agreement does not include:
(A) A contract, subcontract, or agreement that concerns or affects property
owned or operated by a railroad, a sanitation district, as defined in section 32-1-103 (18), C.R.S., a water district, as defined in section 32-1-103 (25), C.R.S., a water and sanitation district, as defined in section 32-1-103 (24), C.R.S., a municipal water enterprise, a water conservancy district, a water conservation district, or a metropolitan sewage disposal district, as defined in section 32-4-502 (18), C.R.S.; or
(B) Any real property lease or rental agreement between a landlord and
tenant regardless of whether any provision of the lease or rental agreement concerns construction, alteration, repair, improvement, or maintenance of real property.
(f) Nothing in this subsection (6) shall be construed to:
(I) Abrogate or affect the doctrine of respondeat superior, vicarious liability,
or other nondelegable duties at common law;
(II) Affect the liability for the negligence of an at-fault party; or
(III) Abrogate or affect the exclusive remedy available under the workers'
compensation laws or the immunity provided to general contractors and owners under the workers' compensation laws.
(g) Choice of law. Notwithstanding any contractual provision to the contrary,
the laws of the state of Colorado shall apply to every construction agreement affecting improvements to real property within the state of Colorado.
Source: L. 86: Entire section added, p. 680, � 1, effective July 1. L. 87: (1)
amended and (4) and (5) added, p. 551, � 1, effective July 1. L. 90: (3)(b) amended, p. 863, � 3, effective July 1. L. 2007: (6) added, p. 446, � 1, effective July 1. L. 2021: (1.5) added, (HB 21-1188), ch. 147, p. 863, � 1, effective September 7.
C.R.S. § 13-50-105
13-50-105. Actions by and against partnerships and associations - what property bound by judgment. A partnership or other unincorporated association may sue or be sued in an action in its common name to enforce for or against it a substantive right; except that in such action only the property of the partnership or other unincorporated association, the joint property of the associates, and the separate property of any individual member thereof who is named as a party individually and over whom individually the court has acquired jurisdiction either by entry of appearance or by service of process may be bound by the judgment therein.
Source: L. 55: p. 497, � 1. CRS 53: � 76-1-6. C.R.S. 1963: � 76-1-6.
Cross references: For judgment against partnership, see C.R.C.P. 54(e).
ARTICLE 50.5
Uniform Contribution Among
Tortfeasors
Law reviews: For article, The Apportionment of Tort Responsibility, see 14
Colo. Law. 741 (1985); for article, Legal Aspects of Health and Fitness Clubs: A Healthy and Dangerous Industry, see 15 Colo. Law. 1787 (1986); for article, Set-Off Under the Contribution and Collateral Source Statutes, see 21 Colo. Law. 1421 (1992).
13-50.5-101. Short title. This article shall be known and may be cited as the
Uniform Contribution Among Tortfeasors Act.
Source: L. 77: Entire article added, p. 808, � 1, effective July 1.
13-50.5-102. Right to contribution - contract or agreement provision to
indemnify or hold harmless void against public policy. (1) Except as otherwise provided in this article, where two or more persons become jointly or severally liable in tort for the same injury to person or property or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against all or any of them.
(2) The right of contribution exists only in favor of a tortfeasor who has paid
more than his pro rata share of the common liability, and his total recovery is limited to the amount paid by him in excess of his pro rata share. No tortfeasor is compelled to make contribution beyond his own pro rata share of the entire liability.
(3) There is no right of contribution in favor of any tortfeasor who has
intentionally, willfully, or wantonly caused or contributed to the injury or wrongful death.
(4) A tortfeasor who enters into a settlement with a claimant is not entitled
to recover contribution from another tortfeasor whose liability for the injury or wrongful death is not extinguished by the settlement nor in respect to any amount paid in a settlement which is in excess of what was reasonable.
(5) A liability insurer, who by payment has discharged in full or in part the
liability of a tortfeasor and has thereby discharged in full its obligation as insurer, is subrogated to the tortfeasor's right of contribution to the extent of the amount it has paid in excess of the tortfeasor's pro rata share of the common liability. This provision does not limit or impair any right of subrogation arising from any other relationship.
(6) This article does not impair any right of indemnity under existing law.
Where one tortfeasor is entitled to indemnity from another, the right of the indemnity obligee is for indemnity and not contribution, and the indemnity obligor is not entitled to contribution from the obligee for any portion of his indemnity obligation.
(7) This article shall not apply to breaches of trust or of other fiduciary
obligation.
(8) (a) Any public contract or agreement for architectural, engineering, or
surveying services; design; construction; alteration; repair; or maintenance of any building, structure, highway, bridge, viaduct, water, sewer, or gas distribution system, or other works dealing with construction, or any moving, demolition, or excavation connected with such construction that contains a covenant, promise, agreement, or combination thereof to defend, indemnify, or hold harmless any public entity is enforceable only to the extent and for an amount represented by the degree or percentage of negligence or fault attributable to the indemnity obligor or the indemnity obligor's agents, representatives, subcontractors, or suppliers. Any such covenant, promise, agreement, or combination thereof requiring an indemnity obligor to defend, indemnify, or hold harmless any public entity from that public entity's own negligence is void as against public policy and wholly unenforceable.
(b) This subsection (8) shall not apply to construction bonds, contracts of
insurance, or insurance policies that provide for the defense, indemnification, or holding harmless of public entities or contract clauses regarding insurance. This subsection (8) is intended only to affect the contractual relationship between the parties relating to the defense, indemnification, or holding harmless of public entities, and nothing in this subsection (8) shall affect any other rights or remedies of public entities or contracting parties.
(c) If the indemnity obligor is a person or entity providing architectural,
engineering, surveying, or other design services, then the extent of an indemnity obligor's obligation to defend, indemnify, or hold harmless an indemnity obligee may be determined only after the indemnity obligor's liability or fault has been determined by adjudication, alternative dispute resolution, or otherwise resolved by mutual agreement between the indemnity obligor and obligee.
Source: L. 77: Entire article added, p. 808, � 1, effective July 1. L. 87: (6)
amended, p. 1577, � 18, effective July 10. L. 88: (8) added, p. 404, � 2, effective May 17. L. 89: (8) amended, p. 760, � 1, effective March 15. L. 2015: (8) amended, (HB 15-1197), ch. 93, p. 265, � 1, effective September 1.
13-50.5-103. Pro rata shares. The relative degrees of fault of the joint
tortfeasors shall be used in determining their pro rata shares.
Source: L. 77: Entire article added, p. 809, � 1, effective July 1. L. 86: Entire
section amended, p. 681, � 2, effective July 1.
13-50.5-104. Enforcement. (1) Whether or not judgment has been entered in
an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced by separate action.
(2) Where a judgment has been entered in an action against two or more
tortfeasors for the same injury or wrongful death, contribution may be enforced in that action by judgment in favor of one against other judgment defendants by motion upon notice to all parties to the action.
(3) If there is a judgment for the injury or wrongful death against the
tortfeasor seeking contribution, any separate action by him to enforce contribution must be commenced within one year after the judgment has become final by lapse of time for appeal or after appellate review.
(4) If there is no judgment for the injury or wrongful death against the
tortfeasor seeking contribution, his right of contribution is barred unless he has either:
(a) Discharged by payment the common liability within the statute of
limitations period applicable to claimant's right of action against him and has commenced his action for contribution within one year after payment; or
(b) Agreed while action is pending against him to discharge the common
liability and has within one year after the agreement paid the liability and commenced his action for contribution.
(5) The recovery of a judgment for an injury or wrongful death against one
tortfeasor does not of itself discharge the other tortfeasors from liability for the injury or wrongful death unless the judgment is satisfied. The satisfaction of the judgment does not impair any right of contribution.
(6) The judgment of the court in determining the liability of the several
defendants to the claimant for an injury or wrongful death shall be binding as among such defendants in determining their right to contribution.
Source: L. 77: Entire article added, p. 809, � 1, effective July 1.
13-50.5-105. Release or covenant not to sue. (1) When a release or a
covenant not to sue or not to enforce judgment is given in good faith to one of two or more persons liable in tort for the same injury or the same wrongful death:
(a) It does not discharge any of the other tortfeasors from liability for their
several pro rata shares of liability for the injury, death, damage, or loss unless its terms so provide; but it reduces the aggregate claim against the others to the extent of any degree or percentage of fault or negligence attributable by the finder of fact, pursuant to section 13-21-111 (2) or (3) or section 13-21-111.5, to the tortfeasor to whom the release or covenant is given; and
(b) It discharges the tortfeasor to whom it is given from all liability for
contribution to any other tortfeasor.
Source: L. 77: Entire article added, p. 810, � 1, effective July 1. L. 86: (1)(a)
amended, p. 681, � 3, effective July 1.
13-50.5-106. Uniformity of interpretation. This article shall be so
interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it.
Source: L. 77: Entire article added, p. 810, � 1, effective July 1.
JUDGMENTS AND EXECUTIONS
ARTICLE 51
Declaratory Judgments
Law reviews: For article, Declaratory Judgment Actions to Resolve
Insurance Coverage Questions, see 18 Colo. Law. 2299 (1989).
C.R.S. § 22-54-124
22-54-124. State aid for charter schools - use of state education fund money - definitions. (1) As used in this section:
(a) Capital construction means construction, demolition, remodeling,
maintaining, financing, purchasing, or leasing of land, buildings, or facilities used to educate pupils enrolled in or to be enrolled in a charter school.
(b) Charter school means a district charter school as described in section
22-30.5-104 or an institute charter school as defined in section 22-30.5-502.
(c) District's certified charter school pupil enrollment means the total
number of pupils who are not online pupils, as defined in section 22-30.5-103 (6), expected to be enrolled in all qualified charter schools that will receive funding from the district pursuant to section 22-30.5-112 for the budget year for which state education fund moneys are to be appropriated and distributed pursuant to subsection (4) of this section, as certified by the department of education pursuant to paragraph (b) of subsection (3) of this section during the budget year that immediately precedes said budget year.
(c.5) Institute charter school's certified pupil enrollment means the total
number of pupils who are not online pupils, as defined in section 22-30.5-502 (9), expected to be enrolled in a qualified institute charter school that will receive funding pursuant to section 22-30.5-513 for the budget year for which state education fund moneys are to be appropriated and distributed pursuant to subsection (4) of this section, as certified by the department of education pursuant to paragraph (b) of subsection (3) of this section during the budget year that immediately precedes said budget year.
(d) Minimum capital reserve amount per pupil means the minimum amount
per pupil required to be budgeted by each district to the capital reserve fund created by section 22-45-103 (1)(c), a risk management fund or account, or both, pursuant to section 22-54-105 (2)(a) and (2)(b), without regard to any exception to said minimum budgeting requirement permitted pursuant to section 22-54-105 (2)(c).
(e) Operating revenues means the total amount of funding that a district
charter school receives from a district for a budget year pursuant to section 22-30.5-112 minus the amounts required by section 22-30.5-112 (2)(a.7) to be allocated for capital reserve purposes or the management of risk-related activities. For purposes of an institute charter school, operating revenues means the total amount of funding that the institute charter school receives from the state charter school institute for a budget year pursuant to section 22-30.5-513, minus the amounts required by section 22-30.5-514 (1), to be allocated for capital reserve purposes or the management of risk-related activities.
(f) and (f.5) Repealed.
(f.6) (I) For the budget years commencing on or after July 1, 2003, qualified
charter school means:
(A) A charter school that is not operating in a school district facility and that
has capital construction costs;
(B) A charter school that is operating in a school district facility and that has
capital construction costs; or
(C) A charter school that is operating or will operate in the next budget year
in a facility that is listed on the state inventory of real property and improvements and other capital assets maintained by the office of the state architect pursuant to section 24-30-1303.5, C.R.S., and that is obligated to make lease payments for use of the facility.
(II) For budget years commencing on or after July 1, 2003, qualified charter
school does not include:
(A) A charter school that is operating in a school district facility and that
does not have capital construction costs;
(B) A charter school that does not have capital construction costs; or
(C) A charter school that is operating or will operate in the next budget year
in a facility that is listed on the state inventory of real property and improvements and other capital assets maintained by the office of the state architect pursuant to section 24-30-1303.5, C.R.S., and that is not obligated to make lease payments for use of the facility.
(2) (a) For the 2001-02 budget year and budget years thereafter, a district
shall be eligible to receive state education fund moneys for district charter school capital construction pursuant to this section if at least one qualified district charter school will be receiving funding from the district pursuant to section 22-30.5-112 during the budget year for which state education fund moneys are to be distributed.
(b) For the 2004-05 budget year and budget years thereafter, an institute
charter school shall be eligible to receive state education fund moneys for institute charter school capital construction if the institute charter school will be receiving funding from the state charter school institute pursuant to section 22-30.5-513 during the budget year for which state education fund moneys are to be distributed.
(3) (a) (I) and (II) Repealed.
(III) (A) The total amount of state education fund moneys to be appropriated
for all eligible districts and for all eligible institute charter schools for the 2003-04 through 2011-12 budget years shall be an amount equal to five million dollars; except that, for the 2006-07 budget year, an additional two million eight hundred thousand dollars shall be appropriated from the state education fund and shall be used for the purposes of this section, and for the 2008-09 budget year, an additional one hundred thirty-five thousand dollars shall be appropriated from the state education fund and shall be distributed pursuant to section 22-54-133, as said section existed prior to its repeal in 2010. The total amount of state education fund moneys to be appropriated for all eligible districts and for all eligible institute charter schools for the 2012-13 budget year is six million dollars. The total amount of state education fund moneys to be appropriated for all eligible districts and for all eligible institute charter schools for the 2013-14 budget year is seven million dollars.
(B) Repealed.
(IV) (A) The total amount of state education fund moneys to be appropriated
for all eligible districts and for all eligible institute charter schools for the 2014-15 budget year is thirteen million five hundred thousand dollars.
(B) The total amount of state education fund money to be appropriated for
all eligible districts and all eligible institute charter schools for the 2015-16 budget year and for each budget year thereafter through the 2018-19 budget year is twenty million dollars.
(C) The total amount of state education fund money to be appropriated for
all eligible districts and all eligible institute charter schools for the 2019-20 budget year and for each budget year thereafter is twenty million dollars multiplied by the quotient of the number of students included in the statewide funded pupil count who were enrolled in charter schools for the school year immediately preceding the budget year and the number of students included in the statewide funded pupil count who were enrolled in charter schools for the 2017-18 school year.
(V) For the 2004-05 budget year, and each budget year thereafter, the
amount of state education fund moneys to be distributed to any eligible district and any eligible institute charter school shall be an amount equal to the percentage of the sum of the district's certified charter school pupil enrollment and the institute charter school's certified pupil enrollment for all eligible districts and eligible institute charter schools in the state that is attributable to the eligible district or eligible institute charter school multiplied by the total amount of state education fund moneys distributed to all eligible districts and eligible institute charter schools for the same budget year pursuant to subparagraphs (III) and (IV) of this paragraph (a).
(b) Notwithstanding section 24-1-136 (11)(a)(I), no later than February 1 of
each budget year, the department of education shall certify to the education committees of the senate and the house of representatives and the joint budget committee of the general assembly the total number of pupils expected to be enrolled in all qualified charter schools in the state during the next budget year, as derived from reports provided to the department by districts pursuant to section 22-30.5-112 (1) and by institute charter schools pursuant to section 22-30.5-513 (3)(a). For the purposes of any certification made during the 2003-04 budget year and budget years thereafter, a pupil expected to be enrolled in a qualified charter school as defined in subsection (1)(f.6)(I)(B) of this section shall be counted as one-half of one pupil.
(4) (a) For the 2001-02 budget year, the 2003-04 budget year, and each
budget year thereafter, the general assembly shall annually appropriate from the state education fund created in section 17 (4) of article IX of the state constitution, to the department of education for distribution to eligible school districts and eligible institute charter schools in accordance with the formula set forth in paragraph (a) of subsection (3) of this section, an amount equal to the total amount of moneys to be distributed to all districts and institute charter schools as determined pursuant to said formula.
(b) Prior to the 2009-10 budget year, from the moneys appropriated for a
given budget year pursuant to this section, the department of education shall make lump sum payments of all moneys to be distributed to each eligible school district and eligible institute charter school during the budget year as soon as possible.
(c) For the 2009-10 budget year through the 2023-24 budget year, the
department of education shall distribute the total amount to be distributed pursuant to this section to each eligible school district and eligible institute charter school in twelve approximately equal monthly payments during the applicable budget year in conjunction with the distribution of the state's share of district total program pursuant to section 22-54-115.
(d) For the 2024-25 budget year and each budget year thereafter, the
department of education shall distribute the total amount to be distributed pursuant to this section to each eligible school district and eligible institute charter school pursuant to section 22-54-115.
(4.5) Repealed.
(5) A district that receives state education fund moneys pursuant to this
section shall distribute all moneys received to qualified charter schools as required by section 22-30.5-112.3 and may not retain any of such moneys to defray administrative expenses or for any other purpose.
(6) Pursuant to section 17 (3) of article IX of the state constitution, any
moneys appropriated by the general assembly out of the state education fund, received by any eligible district or eligible institute charter school pursuant to this section, and distributed to a qualified charter school by any district pursuant to this section and section 22-30.5-112.3 shall be exempt from:
(a) The limitation on state fiscal year spending set forth in section 20 (7)(a) of
article X of the state constitution and section 24-77-103, C.R.S.; and
(b) The limitation on local government fiscal year spending set forth in
section 20 (7)(b) of article X of the state constitution.
(7) The general assembly hereby finds and declares that, for purposes of
section 17 of article IX of the state constitution, providing funding for charter school capital construction from moneys in the state education fund created in section 17 (4) of article IX of the state constitution is a permissible use of the moneys in the state education fund since the moneys are being used for public school building capital construction as authorized by section 17 (4)(b) of article IX of the state constitution.
(8) The general assembly hereby finds that with the adoption of the new
definition of qualified charter school, enacted in House Bill 02-1349 during the second regular session of the sixty-third general assembly, the program created in this section is a new program as of June 7, 2002, and that the general assembly enacted such new program in order to meet the eligibility requirements of the incentive grant program included in the federal No Child Left Behind Act of 2001, Pub.L. 107-110.
(9) The general assembly recognizes charter schools' continuing need for
assistance in meeting capital construction costs. The general assembly therefore strongly encourages the governor to allocate a portion of the moneys received by the state through the federal American Recovery and Reinvestment Act of 2009, Pub.L. 111-5, to charter schools in the state to assist them in meeting their capital construction and facility costs.
Source: L. 2001: Entire section added, p. 346, � 9, effective April 16. L. 2002:
(1)(c), (1)(f), and (3) amended and (1)(f.5) and (8) added, pp. 1752, 1768, 1767, �� 28, 37, 38, effective June 7. L. 2003: (3)(a)(II), (3)(a)(III), and (4) amended and (4.5) added, p. 518, � 9, effective March 5; (1)(f.5), (3)(a)(III)(A), and (3)(b) amended and (1)(f.6) added, pp. 2132, 2133, �� 27, 28, effective May 22. L. 2004: (1)(b), (1)(e), (2), (3)(a)(III), (3)(b), (4), and IP(6) amended and (1)(c.5) added, p. 1644, � 52, effective July 1. L. 2006: (1)(c), (1)(c.5), and (3)(a)(III)(A) amended, p. 701, � 50, effective April 28; (1)(f), (1)(f.5), (3)(a)(I), (3)(a)(II), (3)(a)(III)(B), and (4.5) repealed, p. 625, � 48, effective August 7. L. 2007: (1)(f.6)(I) and (1)(f.6)(II)(C) amended, p. 744, � 24, effective May 9. L. 2008: (3)(a)(III)(A) amended, p. 1199, � 11, effective May 22. L. 2009: (3)(a)(III)(A) amended, (SB 09-215), ch. 134, p. 579, � 3, effective April 17; (4) amended and (9) added, (SB 09-256), ch. 294, p. 1554, �� 9, 10, effective May 21. L. 2010: (3)(a)(III)(A) amended, (HB 10-1013), ch. 399, p. 1907, � 19, effective June 10. L. 2012: (3)(a)(III)(A) amended, (HB 12-1345), ch. 188, p. 716, � 2, effective May 19. L. 2013: (3)(a)(III)(A) amended, (SB13-260), ch. 236, p. 1140, � 5, effective May 17. L. 2014: (3)(a) amended, (HB 14-1292), ch. 243, p. 914, � 17, effective May 21. L. 2015: (1)(f.6)(I)(C) and (1)(f.6)(II)(C) amended, (SB 15-270), ch. 296, p. 1215, � 13, effective June 5. L. 2016: (1)(a) amended, (HB 16-1422), ch. 351, p. 1436, � 14, effective June 10. L. 2017: (3)(b) amended, (HB 17-1267), ch. 242, p. 998, � 18, effective August 9. L. 2019: (3)(a)(IV)(B) amended and (3)(a)(IV)(C) added, (HB 19-1055), ch. 246, p. 2406, � 4, effective May 21. L. 2024: (4)(c) amended and (4)(d) added, (SB 24-017), ch. 49, p. 175, � 2, effective April 4.
Cross references: (1) For the legislative declaration contained in the 2008
act amending subsection (3)(a)(III)(A), see section 1 of chapter 286, Session Laws of Colorado 2008.
(2) For the short title (Student Success Act) in HB14-1292, see section 1 of
chapter 243, Session Laws of Colorado 2014.
C.R.S. § 23-15-103
23-15-103. Definitions. As used in this article, unless the context otherwise requires:
(1) Authority means the Colorado educational and cultural facilities
authority created by this article.
(2) Board means the board of directors of the authority.
(3) Bond, note, bond anticipation note, certificate of participation, or
other obligation means any bond, note, certificate of participation in annually renewable leases, debenture, interim certificate, or other evidence of financial indebtedness issued by the authority pursuant to this article or issued by another issuer pursuant to other statutory authority, including refunding bonds.
(4) Bond resolution means the resolution authorizing the issuance of, or
providing terms and conditions related to, bonds issued under the provisions of this article and includes any trust agreement, trust indenture, indenture of mortgage, or deed of trust providing terms and conditions for such bonds.
(5) Commission means the Colorado commission on higher education.
(6) Costs, as applied to facilities financed in whole or in part under the
provisions of this article, means and includes the sum total of all reasonable or necessary costs incidental to the acquisition, construction, reconstruction, repair, alteration, equipment, enlargement, improvement, and extension of such facilities and the acquisition of all lands, structures, real or personal property, rights, rights-of-way, franchises, easements, and interest acquired, necessary, used for, or useful for or in connection with a facility and all other undertakings which the authority deems reasonable or necessary for the development of a facility, including without limitation the cost of studies and surveys, of land title and mortgage guaranty policies, of plans, specifications, and architectural and engineering services, of legal, accounting, organization, marketing, or other special services, of financing, acquisition, demolition, construction, equipment, and site development of new and rehabilitated buildings, of rehabilitation, reconstruction, repair, or remodeling of existing buildings, and of all other necessary and incidental expenses, including working capital, an initial bond, and interest reserve funds, together with interest on bonds issued to finance such facilities until a date not more than six months subsequent to the estimated date of completion.
(6.3) (a) Cultural institution means any governmental, quasi-governmental,
or nonprofit institution that engages in cultural, intellectual, scientific, educational, or artistic enrichment. Cultural institution includes, without limitation, any aquarium, botanical society, educational society, historical society, library, museum, gallery, performing arts association or society, nonprofit sports association, committee, or governing body, scientific society, natural history society or organization, zoological society, society for western history and western culture, sponsor of housing facilities that serve the cultural needs of their residents, and any private nonprofit foundation, nonprofit association, or other entity that is organized principally for the support and benefit of any of the foregoing.
(b) Cultural institution also includes any governmental, quasi-governmental, or nonprofit institution, corporation, association, or organization that,
through one or more affiliates, directly or indirectly engages in cultural, intellectual, scientific, educational, or artistic enrichment in this state or outside this state if:
(I) Such institution, corporation, association, or organization, or an affiliate of
such an entity, is engaged in a financing or refinancing on behalf of a facility within this state or outside of this state; and
(II) Such institution, corporation, association, or organization, or an affiliate
of such an entity, operates a cultural facility within this state.
(c) (Deleted by amendment, L. 2003, p. 2055, � 1, effective May 22, 2003.)
(6.5) Deep discount means any obligation for which the original purchase
price is substantially less than the par amount paid upon maturity.
(7) (Deleted by amendment, L. 2006, p. 1496, � 31, effective June 1, 2006.)
(8) (a) Educational institution means any governmental, quasi-governmental, or nonprofit educational institution operating in this state that:
(I) Provides an educational program for which it awards a bachelor's degree;
or
(II) Provides not less than a two-year program which is acceptable for full
credit towards such a degree; or
(III) Provides not less than a six-month program of training to prepare
students for gainful employment; or
(IV) Provides not less than a six-month program of training to develop,
improve, or enhance the occupational skills of persons in their current positions of employment or of persons seeking employment in a new or different occupation; or
(V) Provides an educational program pursuant to a charter from a school
district in accordance with applicable laws; or
(VI) Provides an educational program to the residents of the state; or
(VII) Provides or finances, directly or indirectly through one or more
affiliates, an educational program or educational services in this state or outside this state; or
(VIII) Is any public school district; or
(IX) Provides an educational program pursuant to a contract with the state
charter school institute in accordance with applicable laws.
(b) (Deleted by amendment, L. 2004, p. 1518, � 1, effective May 28, 2004.)
(c) Educational institution includes any private foundation, nonprofit
association, or any other entity which is organized principally for the support and benefit of any educational institution defined in paragraph (a) of this subsection (8) and includes but is not limited to the Auraria higher education center. Any reference in this article to educational institution supported in whole or in part by state funds includes but is not limited to the Auraria higher education center.
(8.5) (a) (I) (A) Facility, in the case of a participating educational institution,
means any structure or building suitable for use as a housing facility, an instructional facility, an administration building, a research facility, a laboratory, a maintenance, storage, or utility facility, an auditorium, a dining hall, a food service and preparation facility, a mental or physical health-care facility, a recreational facility, a hotel, or a student center facility or any other structure or facility required or useful for the operation of an educational institution, including, but not limited to: Offices, parking lots and garages, eating or drinking establishments, gift shops, lodging, and other supporting service structures; any equipment, furnishings, and appurtenances necessary or useful in the operation of a participating educational institution; and the acquisition, preparation, and development of all real and personal property necessary or convenient as a site or sites for any such structure or facility.
(B) Facility, in the case of a participating educational institution, also
means any structure or building described in sub-subparagraph (A) of this subparagraph (I) that is located within the state or outside the state and that is operated or financed by an educational institution if such institution operating or financing such structure or building, or an affiliate of such institution, operates or finances an educational facility within this state.
(II) (A) Facility, in the case of a cultural institution, means any property that
is suitable for the particular purposes of a cultural institution, including, without limitation, any such property suitable for use as or in connection with the operation of any one or more of the following: An administrative facility, an aquarium, an assembly hall, an auditorium, a botanical garden, an exhibition or performance hall or structure, a gallery, a greenhouse, a library, a museum, a scientific laboratory, a film center, a hotel, a housing facility that serves the cultural needs of its residents and is being financed as part of a multistate program of financing educational or cultural facilities under this article, a theater, or a zoological facility; and also including, without limitation, the books, works of art or music, and the animal, plant, or aquatic life or other items contained therein for display, exhibition, or performance. The term facility includes any other structure or facility required or useful for the operation of a cultural institution including, but not limited to, offices, parking lots and garages, eating or drinking establishments, gift shops, lodging, and other supporting service structures; any equipment, furnishings, and appurtenances necessary or useful in the operation of a cultural institution; and the acquisition, preparation, and development of all real and personal property necessary or convenient as a site or sites for any such structure or facility. The term facility also includes buildings on the national register of historic places that are owned or operated by nonprofit or governmental entities, including the authority.
(B) Facility, in the case of a cultural institution, also means any property
described in sub-subparagraph (A) of this subparagraph (II) that is located within the state or outside the state and that is operated or financed by a cultural institution if such institution operating or financing such property, or an affiliate of such institution, also operates or finances a cultural facility within this state.
(b) Facility does not include such items as food, fuel, supplies, or other
items which are customarily considered as current operating expenses or charges.
(9) Refinancing of outstanding obligations means liquidation, with the
proceeds of bonds or notes issued by the authority, of any indebtedness of a participating educational institution or cultural institution incurred prior to, on, or after July 1, 1981, to finance or aid in financing a lawful purpose of such institution not financed pursuant to this article which would constitute a facility had it been undertaken and financed by the authority. The term also means consolidation of such indebtedness with indebtedness of the authority incurred for a facility related to the purpose for which the indebtedness of such institution was initially incurred.
(10) Revenues means, with respect to facilities, the rents, fees, charges,
interest, principal repayments, and other income received or to be received by the authority from any source on account of such facilities.
(11) Zero-coupon means any obligation, as defined in subsection (3) of this
section, which is payable in one payment on a fixed date.
Source: L. 81: Entire article added, p. 1096, � 1, effective July 1. L. 83: (8)(a)(III)
amended and (8)(c) added, p. 804, � 1, effective May 25. L. 85: (8)(a)(III) and (8)(c) amended and (8)(a)(IV) added, p. 786, � 1, effective April 12. L. 88: (11) added, p. 849, � 2, effective April 20. L. 89: (6.3) added and (7)(a) and (9) amended, p. 986, � 2, effective April 8; (3) and (11) amended and (6.5) added, p. 982, � 2, effective April 12. L. 98: (1), (7)(a)(I), (8), and (9) amended, p. 601, � 3, effective May 4. L. 2000: (6.3), (7)(a), and IP (8)(a) amended and (8)(a)(VII) added, p. 404, � 2, effective April 13. L. 2002: (8)(a)(VIII) added, p. 1744, � 16, effective June 7. L. 2003: (6.3)(c), (7)(b), and (8)(b) amended, p. 2055, � 1, effective May 22. L. 2004: (6.3)(a), (7)(a)(II)(A), and (8)(b) amended, p. 1518, � 1, effective May 28; (8)(a)(VIII) amended and (8)(a)(IX) added, p. 1648, � 57, effective July 1. L. 2006: (7) amended and (8.5) added, p. 1496, � 31, effective June 1. L. 2008: (8)(a)(VIII) amended, p. 1066, � 11, effective May 22. L. 2024: (8.5)(a)(I)(A) and (8.5)(a)(II)(A) amended, (HB 24-1295), ch. 268, p. 1751, � 2, effective May 28.
C.R.S. § 24-103-1003
24-103-1003. Disparity study - report. (1) (a) The executive director shall commission a state disparity study regarding the participation of historically underutilized businesses in state contracts entered into by all principal departments of the executive branch of state government as specified in section 24-1-110, including any division, office, agency, or other unit created within a principal department and including institutions of higher education and the Colorado commission on higher education; except that the study shall not include those entities that have elected to be exempt from the code pursuant to section 24-101-105 (1)(b). The study shall include state contracts entered into during the 2014-15, 2015-16, 2016-17, and 2017-18 state fiscal years.
(b) (I) The study must be conducted, and a final report prepared, by an entity
independent of the department that is selected in response to a request for proposal issued in accordance with this code.
(II) The entities subject to the study pursuant to subsection (1)(a) of this
section shall cooperate fully with the independent contractor engaged to conduct the study.
(c) The study and final report setting forth the study's methodologies,
findings, and recommendations must be provided by December 1, 2020, to:
(I) The members of the general assembly; and
(II) The executive director, who shall transmit a copy of the disparity study
final report produced pursuant to this section to the director of the minority business office created in section 24-49.5-102, which shall post the report on that office's official website.
(d) The executive director or the executive director's designee shall include
the findings and recommendations from the final report required by subsection (1)(c) of this section in its report to the applicable house and senate committees of reference required by the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act, part 2 of article 7 of title 2.
(2) (a) The purposes of the disparity study undertaken pursuant to this
section are:
(I) To determine whether there is a disparity between the number of qualified
historically underutilized businesses that are ready, willing, and able to perform state contracts for goods and services, and the number of such contractors actually engaged to perform such contracts, which information must be ascertained by evaluating the prime contracts and subcontracts awarded in the following industries:
(A) Construction, including new construction, remodeling, renovation,
maintenance, demolition and repair of any public structure or building, pipeline construction, and other public improvements;
(B) Architecture and engineering, including construction management,
landscape architecture, planning, surveying, mapping services, and design, build, and construction services;
(C) Professional services, including legal services, accounting, information
technology services, medical services, technical services, research planning, and consulting services;
(D) Brokerage and investment, including banking, asset management, state
retirement, and pension services; and
(E) Goods and services that may be provided or performed without
professional licensure or special education or training, including, but not limited to, goods and services relating to materials, supplies, equipment, maintenance, personnel, pharmaceuticals, and food;
(II) To determine whether, of the total amount spent on state contracts in a
fiscal year, there is a disparity between the percentage of spending attributable to contracts awarded to qualified historically underutilized businesses and the percentage of state contracts that were awarded to historically underutilized businesses in that fiscal year; and
(III) To determine what changes, if any, should be made to state policies
affecting historically underutilized businesses.
(b) The disparity study must specifically include the following analyses, both
for the historically underutilized businesses as a group and for each subgroup, as set forth in section 24-103-1002 (3)(a)(II):
(I) A prime contractor utilization analysis that presents the distribution of
prime contracts by industry;
(II) A subcontractor utilization analysis that presents the distribution of
subcontracts by the industries described in subsection (2)(a)(I) of this section;
(III) A market area analysis that presents the legal basis for the geographical
market area determination and defines the state's market area;
(IV) A prime contractor and subcontractor availability analysis that presents
the distribution of available businesses in the state's market area;
(V) A prime contractor disparity analysis that presents prime contractor
utilization compared to prime contractor availability by industry and determines whether the comparison is statistically significant;
(VI) A subcontractor disparity analysis that presents subcontractor
utilization compared to subcontractor availability by industry and determines whether the comparison is statistically significant;
(VII) A qualitative analysis that presents the business community's
experiences and perceptions of barriers encountered in contracting or attempting to contract with the state; and
(VIII) Recommendations regarding best management practices and ways to
enhance Colorado's contracting and procurement activities with historically underutilized businesses.
(c) (I) Any conclusion that discrimination-related disparity exists between the
availability and utilization of historically underutilized businesses must be supported by statistical evidence and may be supplemented or supported by anecdotal evidence.
(II) If the analysis supports a finding that such disparity exists, the report
must include recommendations to address the disparity, including any statutory changes likely to cure, mitigate, or redress such disparity. Any proposed remedial measures must be tailored to address documented statistical disparities in procurement policies.
(3) The general assembly may annually appropriate to the department of
personnel such amount as it deems appropriate for the purposes specified in this part 10. Any unexpended and unencumbered money from an appropriation made for the purposes of this part 10 remains available for expenditure by the department for the purposes of this part 10 in the next fiscal year without further appropriation.
Source: L. 2019: Entire part added, (SB 19-135), ch. 379, p. 3415, � 1, effective
July 1.
C.R.S. § 24-30-1301
24-30-1301. Definitions. As used in this part 13, unless the context otherwise requires:
(1) (a) Capital asset means:
(I) Real property;
(II) Fixed equipment;
(III) Movable equipment; or
(IV) Instructional or scientific equipment with a cost that exceeds fifty
thousand dollars; except that capital asset does not include instructional or scientific equipment purchased by a state institution of higher education if the institution uses moneys other than those appropriated pursuant to section 24-75-303. Instructional or scientific equipment does not include information technology.
(b) Capital asset does not mean information technology. All information
technology budget requests must be presented as set forth in section 2-3-1704 (11), C.R.S.
(2) Capital construction means:
(a) Acquisition of a capital asset or disposition of real property;
(b) Construction, demolition, remodeling, or renovation of real property
necessitated by changes in the program, to meet standards required by applicable codes, to correct other conditions hazardous to the health and safety of persons which are not covered by codes, to effect conservation of energy resources, to effect cost savings for staffing, operations, or maintenance of the facility, or to improve appearance;
(c) Site improvement or development of real property;
(d) Installation of the fixed or movable equipment necessary for the
operation of new, remodeled, or renovated real property, if the fixed or movable equipment is initially housed in or on the real property upon completion of the new construction, remodeling, or renovation;
(e) Installation of the fixed or movable equipment necessary for the conduct
of programs in or on real property upon completion of the new construction, remodeling, or renovation;
(f) Contracting for the services of architects, engineers, and other
consultants to prepare plans, program documents, life-cycle cost studies, energy analyses, and other studies associated with capital construction and to supervise the construction or execution of such capital construction; or
(g) (Deleted by amendment, L. 2014.)
(3) (a) Capital renewal means a controlled maintenance project of real
property or more than one integrated controlled maintenance project of real property with costs exceeding four million seven hundred thousand dollars in a fiscal year that is more cost effective or better addressed by corrective repairs or replacement to the real property rather than by limited fixed equipment repair, replacement, or smaller individual controlled maintenance projects.
(b) Beginning on January 1, 2029, and on January 1 of every three-year period
thereafter, the department shall adjust the capital renewal cost threshold for inflation in accordance with the percentage change over the preceding three-year period in the United States department of labor bureau of labor statistics producer price index commodity data for final demand - construction for government, or its successor index. The department shall publish the adjusted capital renewal cost threshold on its website.
(4) Controlled maintenance means:
(a) Corrective repairs or replacement, including improvements for health, life
safety, and code requirements, used for existing real property; and
(b) Corrective repairs or replacement, including improvements for health, life
safety, and code requirements, of the fixed equipment necessary for the operation of real property, when such work is not funded in a state agency's or state institution of higher education's operating budget.
(c) Controlled maintenance may include contracting for the services of
architects, engineers, and other consultants to investigate conditions and prepare recommendations for the correction thereof, to prepare plans and specifications, and to supervise the execution of such controlled maintenance projects as provided through an appropriation by the general assembly.
(5) Department means the department of personnel.
(6) Economic life means the projected or anticipated useful life of real
property.
(7) Executive director means the executive director of the department of
personnel.
(8) Facility means a state-owned building or utility. Facility does not
include highways or publicly assisted housing projects as defined in section 24-32-718.
(9) Fixed equipment includes, but is not limited to, mechanical, electrical,
or plumbing components built into real property that are necessary for the operation of the real property.
(10) (Deleted by amendment, L. 2014.)
(11) Initial cost means the required cost necessary to construct or renovate
a facility.
(12) Life-cycle cost means the cost alternatives, over the economic life of a
facility, including its initial cost, replacement costs, and the cost of operation and maintenance of the facility, such as energy and water.
(13) Movable equipment means:
(a) All equipment that is not defined as fixed equipment that is necessary for
the conduct of a program in or on real property;
(b) The rolling stock and fixed stock necessary for running a state-owned
railway; and
(c) Aircraft as defined in section 43-10-102 (1), C.R.S., that is used for state
purposes.
(13.5) Office of the state architect or office means the office of the state
architect created in section 24-30-1302.5.
(14) Principal representative means the governing board of a state agency
or state institution of higher education, or the governing board's designee, or, if there is no governing board, the executive head of a state agency or state institution of higher education, as designated by the governor or the general assembly, or such executive head's designee.
(15) (a) Real property means a facility, state-owned grounds around a
facility, a campus of more than one facility and the grounds around such facilities, state-owned fixtures and improvements on land, and every state-owned estate, interest, privilege, tenement, easement, right-of-way, and other right in land, legal or equitable, but not including leasehold interests.
(b) Real property does not include:
(I) Land or any interest therein acquired by the department of transportation
and used, or intended to be used, for right-of-way purposes;
(II) Land or any interest therein held by the division of parks and wildlife and
the parks and wildlife commission in the department of natural resources; and
(III) Public lands of the state or any interest therein that are subject to the
jurisdiction of the state board of land commissioners.
(16) State means the government of this state, every state agency, and
every state institution of higher education. State does not include a county, municipality, city and county, school district, special district, or any other kind of local government organized pursuant to law.
(17) State agency means any department, commission, council, board,
bureau, committee, office, agency, or other governmental unit of the state.
(18) State institution of higher education means a state institution of higher
education as defined in section 23-18-102 (10), C.R.S., and the Auraria higher education center created in article 70 of title 23, C.R.S.
Source: L. 79: Entire part added, p. 879, � 1, effective July 1. L. 80: (1)(b) and
(1)(c) amended and (2) R&RE, p. 593, �� 1, 2, effective July 1. L. 95: (3) and (6) amended, p. 649, � 54, effective July 1. L. 2007: (7.5) and (15) added and (13) amended, p. 484, � 1, effective September 1. L. 2008: (13)(b)(II) and (13)(b)(III) amended, p. 1307, � 1, effective August 5. L. 2011: (1)(f) amended, (HB 11-1301), ch. 297, p. 1431, � 30, effective August 10. L. 2012: (7) amended, (SB 12-040), ch. 118, p. 403, � 3, effective April 16. L. 2014: Entire section amended, (HB 14-1387), ch. 378, p. 1800, � 3, effective June 6; (1), (2)(g), and (10) amended, (HB 14-1395), ch. 309, p. 1308, � 6, effective June 6. L. 2015: (13.5) added, (SB 15-270), ch. 296, p. 1206, � 1, effective June 5. L. 2024: (3) amended, (HB 24-1422), ch. 137, p. 510, � 1, effective August 7.
Cross references: For the legislative declaration contained in the 1995 act
amending subsections (3) and (6), see section 112 of chapter 167, Session Laws of Colorado 1995. For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.
C.R.S. § 24-30-1303.5
24-30-1303.5. Office of the state architect to prepare and maintain inventory of state property - vacant facilities. (1) The office shall obtain and maintain a correct and current inventory of all real property owned by or held in trust for the state or any state agency or state institution of higher education, and, in cooperation with the attorney general, correct any defects in title to said real property necessary to vest marketable title in the state.
(2) Such inventory must include sufficient information to identify such real
property with respect to which unit of the state has control thereof, where such real property is located, and when and from what source the real property was acquired, including subsequent improvements. The office shall establish and maintain an accurate index system which will assure that inquiries as to the location and control of all such real property will be promptly answered.
(3) The office shall establish procedures whereby each state agency and
state institution of higher education is required to report all acquisitions of real property, including improvements, and all dispositions thereof to the office to enable the inventory to be promptly and accurately maintained with respect to such changes. The report must include a copy of each purchase or sale agreement pertaining to the acquisition or disposition of real property, including improvements, or, if such agreements are not available, such other documents describing the terms and conditions of the transaction as the office finds to be appropriate in order to maintain the information required by subsection (2) of this section. For each transaction involving the acquisition or disposition of real property, the state agency or the state institution of higher education shall also provide to the department a copy of the deed pertaining to the real property after the deed has been recorded.
(3.5) (a) With respect to all real property owned by or held in trust for the
state or any state agency or state institution of higher education, each state agency or state institution of higher education shall identify any vacant facility under its control. As used in this section, vacant means:
(I) Unoccupied;
(II) Unused in whole or in part for the purposes for which the improvement
was designed, intended, or remodeled; or
(III) Without current defined plans by the state agency or state institution of
higher education for the next fiscal year.
(b) A state agency or state institution of higher education must submit for
the approval of the office a facility management plan for any vacant facility consistent with the procedures established by the office. The state agency or state institution of higher education must submit the facility management plan to the office within thirty days after the facility becomes vacant. In addition to any other information required by the office, the facility management plan must include the following:
(I) A financial analysis of the possible uses of the facility;
(II) Any plans for the disposal of the facility through sale, lease, demolition,
or otherwise;
(III) If the state agency or state institution of higher education does not
intend to dispose of the facility during the next fiscal year, a plan for the proposed controlled maintenance, if any, necessary to avoid the deterioration of the vacant facility; and
(IV) Whether the facility has or is eligible to receive a national, state, or local
historic designation or listing.
(c) (I) For each year after the office approves a facility management plan, the
state agency or state institution of higher education shall submit an annual facility management plan update consistent with the procedures established by the office. The update must be submitted on or before November 1 of the year following the approval of a facility management plan and each November 1 thereafter until such time that the facility is no longer vacant. In addition to any other information required by the office, the update must identify all actions taken by the state agency or state institution of higher education within the last year consistent with the facility management plan. If based on the update or on any other information known by the office, the office determines that the state agency or state institution of higher education has failed to comply with the provisions of an approved facility management plan, the office may revoke the approval of the facility management plan. If the office revokes approval of the facility management plan, a state agency or state institution of higher education is required to submit a new facility management plan for the vacant facility subject to the provisions of this subsection (3.5).
(II) In addition to any other requirements of subparagraph (I) of this
paragraph (c), the facility management plan update must describe any changes proposed by the state agency or state institution of higher education to the facility management plan. Any proposed changes to the facility management plan are subject to the approval of the office, and any approved changes become part of the facility management plan for purposes of future updates.
(d) Any facility management plan or update required to be submitted by a
state institution of higher education pursuant to this subsection (3.5) must be submitted to the Colorado commission on higher education instead of the office. The commission shall submit a copy of the facility management plan or update and the commission's recommendations regarding it to the office.
(e) Repealed.
(f) No state agency or state institution of higher education is eligible for any
capital construction appropriations until the office approves a facility management plan for all vacant facilities controlled by the state agency or state institution of higher education; except that the capital development committee may exempt a state agency or state institution of higher education from the provisions of this paragraph (f).
(4) For purposes of maintaining a current inventory, no acquisition or
disposition of real property may be made and no funds or other valuable consideration may be given by a state agency or state institution of higher education for such acquisition, nor may any final document of conveyance of real property be transmitted to a purchaser, until a complete report on such transaction as required pursuant to subsection (3) of this section has been filed with the office and the office has issued a written acknowledgment of the receipt of such report to the state agency or state institution of higher education. Such written acknowledgment must be issued without delay, and nothing in this section should be construed to give the office any power to approve or disapprove any acquisition or disposition of real property, improvements thereon, or other capital assets.
(5) (Deleted by amendment, L. 2014.)
(5.5) The office shall cause to be developed performance criteria for real
property. An analysis must be made upon selected real property against the performance criteria to assess whether the selected real property should be considered for sale or other disposition if such real property is not performing and is determined not to be of sound investment value, or should be held for an identified future state need. The office may contract to maintain such inventories, develop such performance criteria, and perform such analysis and may enter exclusive brokerage agreements on behalf of state agencies and state institutions of higher education to the extent necessary to accomplish the maintenance of such inventory and such analysis. The office shall make recommendations to the capital development committee regarding various real property management strategies resulting from such analysis. This subsection (5.5) does not apply to property that is subject to the provisions of section 43-1-106 (8)(n), C.R.S.
(6) Notwithstanding section 24-1-136 (11)(a)(I), the office shall prepare an
annual report of the acquisitions and dispositions of real property subject to this section and make the report available to the members of the capital development committee. Such report must include a description of the real property and its present use and value.
Source: L. 83: Entire section added, p. 894, � 1, effective June 6. L. 90: (6)
amended, p. 1284, � 2, effective April 3; (5.5) added, p. 1190, � 5, effective April 18. L. 91: (1) and (5.5) amended, p. 1059, � 17, effective July 1. L. 99: (6) amended, p. 690, � 11, effective August 4. L. 2003: (3.5) added, p. 963, � 3, effective July 1. L. 2007: (3.5)(e) repealed, p. 757, � 6, effective May 10. L. 2014: Entire section amended, (HB 14-1387), ch. 378, p. 1808, � 5, effective June 6. L. 2015: (1), (2), (3), (3.5), (4), (5.5), and (6) amended, (SB 15-270), ch. 296, p. 1209, � 4, effective June 5. L. 2017: (6) amended, (HB 17-1058), ch. 18, p. 59, � 5, effective March 8.
Cross references: For the legislative declaration in HB 14-1387, see section 1
of chapter 378, Session Laws of Colorado 2014.
C.R.S. § 24-32-134
24-32-134. Disaster resilience rebuilding program - fund - creation - policies - report - definitions. (1) As used in this section, unless the context otherwise requires:
(a) Administrator means an entity or entities that the division contracts
with pursuant to subsection (2)(b) of this section to administer the program.
(b) Declared disaster means a disaster emergency declared by the
governor pursuant to section 24-33.5-704 (4) in or after 2018 that resulted in widespread or severe damage or loss of property or infrastructure as determined pursuant to policies adopted by the division pursuant to subsection (4) of this section.
(c) Eligible applicant means:
(I) A person who owns or rents a home that is the person's primary residence,
including an apartment or a modular, manufactured, or mobile home, that was affected by a declared disaster and meets eligibility criteria established by policies adopted pursuant to subsection (5) of this section;
(II) A person who owns rental housing, including a modular, manufactured, or
mobile home, that was affected by a declared disaster and meets eligibility criteria established by policies adopted pursuant to subsection (4) of this section;
(III) A business that owns real or personal property that was affected by a
declared disaster or experienced an interruption or loss of business due to a declared disaster and meets eligibility criteria established by policies adopted pursuant to subsection (4) of this section;
(IV) A housing authority created pursuant to part 2 or part 5 of article 4 of
title 29 or a low-income housing tax credit partnership that serves an area affected by a declared disaster;
(V) A Colorado nonprofit corporation that provides construction assistance
to low-income households and meets eligibility criteria established by policies adopted pursuant to subsection (4) of this section; or
(VI) A governmental entity with jurisdiction in an area affected by a declared
disaster.
(d) Fund means the disaster resilience rebuilding program fund created in
subsection (7) of this section.
(e) Governmental entity means any authority, county, municipality, city and
county, district, or other political subdivision of the state; any tribal government with jurisdiction in Colorado; and any institution, department, agency, or authority of any of the foregoing.
(f) Program means the disaster resilience rebuilding program created in
subsection (2) of this section.
(2) (a) The division shall establish the disaster resilience rebuilding program
as a loan and grant program in accordance with the requirements of this section and the policies established by the division. The program may provide loans and grants from the fund to eligible applicants seeking assistance as they rebuild their community after a declared disaster.
(b) The division may contract with or provide a grant to a governmental
entity, housing authority, Colorado-based nonprofit organization, business nonprofit organization, bank, nondepository community development financial institution, or business development corporation or other entity as determined by the division to administer the program. If the division contracts with an entity or entities to administer the program, the division shall use an open and competitive process pursuant to the state procurement code, articles 101 to 112 of this title 24, to select the entity or entities. A contract with an administrator may include an administration fee established by the division at an amount reasonably calculated to cover the ongoing administrative costs of the division in overseeing the program. The division may advance money to an entity under a contract in preparation for issuing loans and grants and administering the program.
(3) A contract with an administrator may require the administrator to repay
all lending capital that is not committed to loans or grants under the program and all principal and interest that is repaid by borrowers under the program at the end of the contract period if, in the judgment of the division, the administrator has not performed successfully under the terms of the contract. The division may redeploy money repaid under this subsection (3) as grants or loans under the program or through another administrator.
(4) The division shall establish and publicize policies for the program. At a
minimum, the policies must address:
(a) Coordination with the office of emergency management created in
section 24-33.5-705 to prioritize the use of the disaster emergency fund created in section 34-33.5-706 for the allowable uses of loans and grants under the program that are not housing related;
(b) The process and any deadlines for applying for and receiving a loan or
grant under the program, including the information and documentation required for the application;
(c) Eligibility criteria for applicants to the program;
(d) Maximum assistance levels for loans and grants;
(e) Loan terms, including interest rates and repayment terms;
(f) Any additional specifications or criteria for the uses of the grant or loan
money allowed by subsection (5) of this section;
(g) Any reporting requirements for recipients, which must include the
demographic data of each recipient aggregated by race, ethnicity, disability status, and income level;
(h) Any program fees, including any application fee or origination fee, and
closing costs;
(i) Underwriting and risk management policies;
(j) Any requirements for applicants to apply for or exhaust other sources of
assistance or reimbursement to be eligible for a loan or grant under the program. If the policies establish such a requirement, the policies must specify to which applicants the requirement applies, which sources must be applied for and denied or exhausted, and what documentation is necessary to establish the applicant has met the requirement.
(k) Equitable community outreach and equitable access to program
information, including communications in the relevant languages of the community and equitable hearing, sight, and physical accessibility; and
(l) Any additional policies necessary to administer the program.
(5) The program may provide loans or grants or a combination of both to
eligible applicants. In reviewing applications and awarding grants, the division shall give priority to eligible applicants who demonstrate that their needs cannot be met by other sources of assistance. Loans or grants may be used to:
(a) Subsidize costs to repair or rebuild a homeowner's primary residence that
are insufficiently covered by the homeowner's insurance or by loans, grants, or other assistance available from the federal emergency management agency, the federal small business administration, or other state or federal assistance programs. Costs that may be covered include, but are not limited to:
(I) Direct costs of repairs or reconstruction of a damaged or destroyed
primary residence, including costs to rebuild to advanced fire and other natural hazard mitigation standards;
(II) Soft costs such as architectural and engineering costs and permitting
fees associated with repairing or rebuilding a primary residence;
(III) Soil sampling and air quality monitoring;
(IV) Clearance and demolition costs, including concrete flat work removal
and removal of hazardous material, including asbestos;
(V) Private road or bridge repair if necessary to access a primary residence;
(VI) Costs associated with using building and site design measures that
reduce risk to natural hazards, including fire resistant building materials and landscape design;
(VII) Costs to replant climate ready trees and vegetation;
(VIII) Temporary rental assistance during relocation or rebuilding or recovery
work; and
(IX) Other recovery costs not covered by other sources that will increase
resilience to future disasters;
(b) Repair or reconstruct housing stock in an area that is affected by a
declared disaster and is experiencing a shortage of adequate housing or has a significant number of affected households. The program may provide a grant or loan under this subsection (5)(b) to:
(I) A housing authority or low-income housing tax credit partnership to fund
the replacement or repair of multi-family housing in an area affected by a declared disaster;
(II) A nonprofit corporation to provide construction assistance to low-income
households in an area affected by a declared disaster;
(III) A person who owns rental housing and requires additional resources to
rebuild or repair the rental housing. A loan or grant made pursuant to this subsection (5)(b)(III) must include provisions requiring the recipient to provide affordable rent for the rental housing following the repair or reconstruction and temporary rental assistance for displaced renters, as determined by the division.
(c) Provide operating capital to a business experiencing a business
interruption or cover the costs of replacing or repairing the business's real property, equipment, or inventory that was lost or damaged in the disaster;
(d) Rebuild neighborhoods or portions of neighborhoods in a manner that
serves as a pilot project for advanced community planning to resist the impacts of natural disasters caused by climate change or reduce actions that contribute to climate change, including but not limited to micro-grids, community battery storage, community district heating or geothermal heating systems, or wildfire resilient land use planning strategies;
(e) Reimburse a governmental entity for any unmet needs associated with a
declared disaster that are not covered by public assistance from the federal emergency management agency or other state or federal assistance, including assistance provided pursuant to section 24-33.5-704 (7)(j). Unmet needs that may be covered include, but are not limited to:
(I) Rebuilding or repairing transportation infrastructure;
(II) Health and safety improvements or investments related to disaster
recovery and resiliency; or
(III) Replacement of lost revenue from sales taxes, property taxes, public
utility or service fees, or other revenue sources that were negatively affected by a declared disaster; or
(f) Assist eligible applicants in addressing other related unmet needs as
allowed by the policies adopted by the division pursuant to subsection (4) of this section in order to recover or rebuild from a declared disaster.
(6) The division may seek, accept, and expend gifts, grants, or donations
from private or public sources for the purposes of this section. The division shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the fund.
(7) (a) The disaster resilience rebuilding program fund is hereby created in
the state treasury. The fund consists of money transferred to the fund in accordance with subsection (7)(d) of this section, any other money that the general assembly appropriates or transfers to the fund, and any gifts, grants, or donations credited to the fund pursuant to subsection (6) of this section.
(b) The state treasurer shall credit all interest and income derived from the
deposit and investment of money in the fund to the fund.
(c) Money in the fund is continuously appropriated to the division for the
purposes specified in this section and for the development of the disaster survivor portal described in section 24-33.5-1106 (4).
(d) Three days after May 17, 2022, the state treasurer shall transfer fifteen
million dollars from the general fund to the disaster resilience rebuilding program fund created in subsection (7)(a) of this section.
(8) The division and the department of local affairs shall collaborate with the
Colorado energy office created in section 24-38.5-101 on the implementation of this section as set forth in section 24-38.5-115 (8).
(9) On or before January 1, 2024, and on or before each January 1 thereafter,
the division shall submit a report summarizing the program to the house of representatives transportation and local government committee and the senate local government committee, or their successor committees. Notwithstanding the requirement in section 24-1-136 (11)(a)(I), the requirement to submit the report required in this subsection (9) continues indefinitely.
Source: L. 2022: Entire section added, (SB 22-206), ch. 173, p. 1143, � 2,
effective May 17.
Cross references: For the legislative declaration in SB 22-206, see section 1
of chapter 173, Session Laws of Colorado 2022.
C.R.S. § 24-32-3701
24-32-3701. Definitions. As used in this part 37, unless the context otherwise requires:
(1) Accessible housing or accessible unit means housing that satisfies the
requirements of the federal Fair Housing Act, 42 U.S.C. sec. 3601 et seq., as amended, and incorporates universal design.
(2) Department means the department of local affairs.
(3) Director means the executive director of the department of local
affairs.
(4) Displacement means:
(a) The involuntary relocation of residents, particularly low-income residents,
or locally owned community serving businesses and institutions due to:
(I) Increased real estate prices or rents, property rehabilitation,
redevelopment, demolition, or other economic factors;
(II) Physical conditions resulting from neglect and underinvestment that
render a residence uninhabitable; or
(III) Physical displacement wherein existing housing units and commercial
spaces are lost due to property rehabilitation, redevelopment, or demolition; or
(b) Indirect displacement resulting from changes in neighborhood
population, if, when low-income households move out of housing units, those same housing units do not remain affordable to other low-income households in the neighborhood, or demographic changes that reflect the relocation of existing residents following widespread relocation of their community and community serving entities.
(5) Division of local government means the division of local government in
the department of local affairs created in section 24-32-103.
(6) Dwelling unit means a single unit providing complete independent
living facilities for one or more individuals, including permanent provisions for cooking, eating, living, sanitation, and sleeping.
(7) Local government means a home rule, territorial, or statutory county,
city and county, city, or town.
(8) Major transit stop means a station for boarding and exiting general
public passenger rail, including commuter rail and light rail, or a stop on a bus route with a service frequency of fifteen minutes or less for eight hours or more on weekdays, excluding seasonal service.
(9) Multifamily residential housing means a building or group of buildings
on a lot with five or more separate dwelling units.
(10) Neighborhood center means an area that meets the following criteria:
(a) Allows a reasonable net housing density within zoning that supports
mixed-use pedestrian-oriented neighborhoods, the development of regulated affordable housing, and increased public transit ridership, as applicable;
(b) Uses an efficient development review process for multifamily residential
development on parcels in the area that are no larger than a size determined by the department; and
(c) Includes aspects of mixed-use pedestrian-oriented neighborhoods, as
determined by criteria established by the department.
(11) Public facilities means public streets, roads, highways, sidewalks,
street- and road-lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, buildings used in the provision of public services, and schools.
(12) Public services means fire protection and suppression, law
enforcement, public health, education, recreation, environmental protection, stormwater management, wastewater management, public transportation, public infrastructure maintenance, water, social services, and other services traditionally provided by government.
(13) Region or regional means a defined geographic area consisting of
territory from more than one local government with a substantial interconnection in commuting patterns, economy, workforce, transportation and transit systems, public services, communities of interest, or other factors related to population and housing.
(14) Regional entity means a council of governments, a public entity
formed by the voluntary agreement of local governments in the region, or a regional planning commission.
(15) Regulated affordable housing means affordable housing that:
(a) Has received loans, grants, equity, bonds, or tax credits from any source
to support the creation, preservation, or rehabilitation of affordable housing that, as a condition of funding, encumbers the property with a restricted use covenant or similar recorded agreement to ensure affordability, or has been income-restricted under a local inclusionary zoning ordinance or other regulation or program;
(b) Restricts or limits maximum rental or sale price for households of a given
size at a given area median income, as established annually by the United States department of housing and urban development; and
(c) Ensures occupancy by low- to moderate-income households for a
specified period detailed in a restrictive use covenant or similar recorded agreement.
(16) Single-unit detached dwelling means a detached building with a single
dwelling unit located on a single lot.
(17) Supportive housing or supportive unit means a combination of
housing and services intended as a cost-effective way to help people live more stable, productive lives, and typically combines affordable housing with intensive coordinated services to help people maintain stable housing and receive appropriate health care.
(18) Universal design means any dwelling unit designed and constructed to
be safe and accessible for any individual regardless of age or abilities.
(19) Visitable housing or visitable unit means a dwelling unit that a
person with a disability can enter, move around the primary entrance floor of, and use the bathroom in.
Source: L. 2024: Entire part added, (SB 24-174), ch. 290, p. 1944, � 1,
effective May 30.
C.R.S. § 24-55-101
24-55-101. Definitions. As used in this article, unless the context otherwise requires:
(1) City means any city or incorporated town.
(2) Community facilities includes real and personal property, buildings and
equipment for recreational or social assemblies and for educational, health, or welfare purposes, and necessary utilities, when designed primarily for the benefit and use of the occupants of the dwelling accommodations.
(3) Federal government means the United States of America, the federal
emergency administrator of public works, or any agency or instrumentality of the United States.
(4) Government means the state or federal governments and any
subdivision, agency, or instrumentality, corporate or otherwise, of either of them.
(5) Housing authority or authority means any housing authority created
pursuant to the housing authorities law of this state.
(6) Housing project or project means all real and personal property,
buildings and improvements, stores, offices, lands for farming and gardening, and community facilities acquired or constructed or to be acquired or constructed pursuant to a single plan or undertaking to demolish, clear, remove, alter, or repair unsafe, unsanitary, or substandard housing or to provide dwelling accommodations at rentals within the means of persons of low income. Housing project may also be applied to the planning of the buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration, and repair of the improvements, and all other works in connection therewith.
Source: L. 35: p. 494, � 1. CSA: C. 82, � 1. L. 37: p. 651, � 1. CRS 53: � 69-1-1. L.
61: p. 419, � 1. C.R.S. 1963: � 69-1-1.
C.R.S. § 24-56-102
24-56-102. Definitions. As used in this article, unless the context otherwise requires:
(1) Business means any lawful activity, except a farm operation, conducted
primarily:
(a) For the purchase, sale, lease, and rental of personal and real property and
for the manufacture, processing, or marketing of products, commodities, or any other personal property;
(b) For the sale of services to the public;
(c) By a nonprofit organization; or
(d) Solely for the purposes of section 24-56-103 (1), for assisting in the
purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display or displays, whether or not such display or displays are located on the premises on which any of the activities described in this paragraph (d) are conducted.
(1.2) Comparable replacement dwelling means any dwelling that is:
(a) Decent, safe, and sanitary;
(b) Adequate in size to accommodate the occupants;
(c) Within the financial means of the displaced person;
(d) Functionally equivalent;
(e) In an area not subject to unreasonably adverse environmental conditions;
and
(f) In a location generally not less desirable than the location of the
displaced person's dwelling with respect to public utilities, facilities, and services and the displaced person's place of employment.
(2) (a) Displaced person means, except as provided in paragraph (b) of this
subsection (2):
(I) Any person who moves from real property or moves his personal property
from real property:
(A) As a direct result of a written notice of intent to acquire or the acquisition
of such real property in whole or in part for a program or project undertaken by a displacing agency; or
(B) On which such person is a residential tenant or conducts a small
business, a farm operation, as defined in subsection (3) of this section, or a business, as defined in subsection (1) of this section, as a direct result of rehabilitation, demolition, or such other displacing activity as the department of transportation may prescribe under a program or project undertaken by a displacing agency in any case in which the displacing agency determines that such displacement is permanent; and
(II) Solely for the purposes of sections 24-56-103 (1) and (2) and 24-56-106,
any person who moves from real property or moves his personal property from real property:
(A) As a direct result of a written notice of intent to acquire or the acquisition
of other real property, in whole or in part, on which such person conducts a business or farm operation, for a program or project undertaken by a displacing agency; or
(B) As a direct result of rehabilitation, demolition, or such other displacing
activity as the department of transportation may prescribe, of other real property on which such person conducts a business or a farm operation, under a program or project undertaken by a displacing agency where the displacing agency determines that such displacement is permanent.
(b) Displaced person does not include:
(I) A person who has been determined, according to criteria established by
the department of transportation, to be either unlawfully occupying the displacement dwelling or to have occupied such dwelling for the purpose of obtaining assistance under this article.
(II) In any case in which the displacing agency acquires property for a
program or project, any person (other than a person who was an occupant of such property at the time it was acquired) who occupies such property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project.
(2.3) Displacing agency means the state or a state agency carrying out a
program or project or any person carrying out a program or project with federal financial assistance which causes a person to be a displaced person.
(3) Farm operation means any activity conducted solely or primarily for the
production of one or more agricultural products or commodities, including timber, for sale or home use and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.
(4) Nonprofit organization means any organization which is exempt from
the income tax imposed under article 22 of title 39, C.R.S.
(5) Person means any individual, limited liability company, partnership,
corporation, or association.
(6) State agency means any department, agency, or instrumentality of the
state or of a political subdivision of the state or any department, agency, or instrumentality of two or more states, or two or more political subdivisions of the state or states and also means any person who has authority to acquire property by eminent domain under state law.
Source: L. 71: p. 672, � 1. C.R.S. 1963: � 69-10-2. L. 89: (1)(a), (1)(d), and (6)
amended, (1.2) and (2.3) added, and (2) R&RE, p. 1077, �� 2, 3, effective March 31. L. 90: (5) amended, p. 449, � 18, effective April 18. L. 91: (2)(a)(I)(B), (2)(a)(II)(B), and (2)(b)(I) amended, p. 1064, � 28, effective July 1.
C.R.S. § 24-62-102
24-62-102. Legislative declaration. (1) The general assembly hereby:
(a) Finds that sub-section (D) of article VI of the Intergovernmental
Agreement between the Southern Ute Indian Tribe and the State of Colorado Concerning Air Quality Control on the Southern Ute Indian Reservation originally specified that if federal legislation authorizing the treatment of the tribe as a state for federal Clean Air Act purposes was not enacted by December 13, 2002, then the agreement would become null and void;
(b) Determines that, pursuant to sub-section (B) of article XIII of the
agreement, the parties to the agreement modified sub-section (D) of article VI of the agreement in December 2001, December 2002, and December 2003, to extend for one year the deadline for passage of the federal legislation, and the final deadline for such passage according to the agreement as modified is December 13, 2004; and
(c) Declares that, whereas the federal legislation contemplated by the
agreement, The Southern Ute and Colorado Intergovernmental Agreement Implementation Act of 2004 (P.L. 108-336), was approved on October 18, 2004, the contingency contemplated by sub-section (D) of article VI of the agreement and section 25-7-1309 (1)(c), C.R.S., is moot.
Source: L. 2010: Entire section added, (SB 10-082), ch. 182, p. 656, � 3,
effective April 29.
Cross references: For the federal Clean Air Act, see 42 U.S.C. sec. 7401 et
seq.
PLANNING - STATE
ARTICLE 65
Colorado Land Use Act
24-65-101 to 24-65-106. (Repealed)
Source: L. 2005: Entire article repealed, p. 667, � 1, effective June 1.
Editor's note: This article was numbered as article 4 of chapter 106, C.R.S.
- For amendments to this article prior to its repeal in 2005, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
ARTICLE 65.1
Areas and Activities of State Interest
Law reviews: For article, Local Government and House Bill 1041: A Voice in
the Wilderness, see 19 Colo. Law. 2245 (1990); for article, H.B. 1041 as a Tool for Municipal Attorneys, see 23 Colo. Law. 1309 (1994); for article, Local Government Regulation Using 1041 Powers, see 34 Colo. Law. 79 (Dec. 2005).
PART 1
GENERAL PROVISIONS
24-65.1-101. Legislative declaration. (1) The general assembly finds and
declares that:
(a) The protection of the utility, value, and future of all lands within the state,
including the public domain as well as privately owned land, is a matter of public interest;
(b) Adequate information on land use and systematic methods of definition,
classification, and utilization thereof are either lacking or not readily available to land use decision makers; and
(c) It is the intent of the general assembly that land use, land use planning,
and quality of development are matters in which the state has responsibility for the health, welfare, and safety of the people of the state and for the protection of the environment of the state.
(2) It is the purpose of this article that:
(a) The general assembly shall describe areas which may be of state interest
and activities which may be of state interest and establish criteria for the administration of such areas and activities;
(b) Local governments shall be encouraged to designate areas and activities
of state interest and, after such designation, shall administer such areas and activities of state interest and promulgate guidelines for the administration thereof; and
(c) Appropriate state agencies shall assist local governments to identify,
designate, and adopt guidelines for administration of matters of state interest.
Source: L. 74: Entire article added, p. 335, � 1, effective May 17. L. 2005: IP(1)
amended, p. 671, � 13, effective June 1.
24-65.1-102. General definitions. As used in this article, unless the context
otherwise requires:
(1) Development means any construction or activity which changes the
basic character or the use of the land on which the construction or activity occurs.
(2) Local government means a municipality or county.
(3) Local permit authority means the governing body of a local government
with which an application for development in an area of state interest or for conduct of an activity of state interest must be filed, or the designee thereof.
(4) Matter of state interest means an area of state interest or an activity of
state interest or both.
(5) Municipality means a home rule or statutory city, town, or city and
county or a territorial charter city.
(6) Person means any individual, limited liability company, partnership,
corporation, association, company, or other public or corporate body, including the federal government, and includes any political subdivision, agency, instrumentality, or corporation of the state.
Source: L. 74: Entire article added, p. 336, � 1, effective May 17. L. 90: (6)
amended, p. 449, � 19, effective April 18.
24-65.1-103. Definitions pertaining to natural hazards. As used in this
article, unless the context otherwise requires:
(1) Aspect means the cardinal direction the land surface faces,
characterized by north-facing slopes generally having heavier vegetation cover.
(2) Avalanche means a mass of snow or ice and other material which may
become incorporated therein as such mass moves rapidly down a mountain slope.
(3) Corrosive soil means soil which contains soluble salts which may
produce serious detrimental effects in concrete, metal, or other substances that are in contact with such soil.
(4) Debris-fan floodplain means a floodplain which is located at the mouth
of a mountain valley tributary stream as such stream enters the valley floor.
(5) Dry wash channel and dry wash floodplain means a small watershed
with a very high percentage of runoff after torrential rainfall.
(6) Expansive soil and rock means soil and rock which contains clay and
which expands to a significant degree upon wetting and shrinks upon drying.
(7) Floodplain means an area adjacent to a stream, which area is subject to
flooding as the result of the occurrence of an intermediate regional flood and which area thus is so adverse to past, current, or foreseeable construction or land use as to constitute a significant hazard to public health and safety or to property. The term includes but is not limited to:
(a) Mainstream floodplains;
(b) Debris-fan floodplains; and
(c) Dry wash channels and dry wash floodplains.
(8) Geologic hazard means a geologic phenomenon which is so adverse to
past, current, or foreseeable construction or land use as to constitute a significant hazard to public health and safety or to property. The term includes but is not limited to:
(a) Avalanches, landslides, rock falls, mudflows, and unstable or potentially
unstable slopes;
(b) Seismic effects;
(c) Radioactivity; and
(d) Ground subsidence.
(9) Geologic hazard area means an area which contains or is directly
affected by a geologic hazard.
(10) Ground subsidence means a process characterized by the downward
displacement of surface material caused by natural phenomena such as removal of underground fluids, natural consolidation, or dissolution of underground minerals or by man-made phenomena such as underground mining.
(11) Mainstream floodplain means an area adjacent to a perennial stream,
which area is subject to periodic flooding.
(12) Mudflow means the downward movement of mud in a mountain
watershed because of peculiar characteristics of extremely high sediment yield and occasional high runoff.
(13) Natural hazard means a geologic hazard, a wildfire hazard, or a flood.
(14) Natural hazard area means an area containing or directly affected by a
natural hazard.
(15) Radioactivity means a condition related to various types of radiation
emitted by natural radioactive minerals that occur in natural deposits of rock, soil, and water.
(16) Seismic effects means direct and indirect effects caused by an
earthquake or an underground nuclear detonation.
(17) Siltation means a process which results in an excessive rate of removal
of soil and rock materials from one location and rapid deposit thereof in adjacent areas.
(18) Slope means the gradient of the ground surface which is definable by
degree or percent.
(19) Unstable or potentially unstable slope means an area susceptible to a
landslide, a mudflow, a rock fall, or accelerated creep of slope-forming materials.
(20) Wildfire behavior means the predictable action of a wildfire under
given conditions of slope, aspect, and weather.
(21) Wildfire hazard means a wildfire phenomenon which is so adverse to
past, current, or foreseeable construction or land use as to constitute a significant hazard to public health and safety or to property. The term includes but is not limited to:
(a) Slope and aspect;
(b) Wildfire behavior characteristics; and
(c) Existing vegetation types.
(22) Wildfire hazard area means an area containing or directly affected by
a wildfire hazard.
Source: L. 74: Entire article added, p. 336, � 1, effective May 17.
24-65.1-104. Definitions pertaining to other areas and activities of state
interest. As used in this article, unless the context otherwise requires:
(1) Airport means any municipal or county airport or airport under the
jurisdiction of an airport authority.
(2) Area around a key facility means an area immediately and directly
affected by a key facility.
(3) Arterial highway means any limited-access highway which is part of the
federal-aid interstate system or any limited-access highway constructed under the supervision of the department of transportation.
(4) Collector highway means a major thoroughfare serving as a corridor or
link between municipalities, unincorporated population centers or recreation areas, or industrial centers and constructed under guidelines and standards established by, or under the supervision of, the department of transportation. Collector highway does not include a city street or local service road or a county road designed for local service and constructed under the supervision of local government.
(5) Domestic water and sewage treatment system means a wastewater
treatment facility, water distribution system, or water treatment facility, as defined in section 25-9-102 (5), (6), and (7), C.R.S., and any system of pipes, structures, and facilities through which wastewater is collected for treatment.
(6) Historical or archaeological resources of statewide importance means
resources which have been officially included in the national register of historic places, designated by statute, or included in an established list of places compiled by the state historical society.
(7) Key facilities means:
(a) Airports;
(b) Major facilities of a public utility;
(c) Interchanges involving arterial highways;
(d) Rapid or mass transit terminals, stations, and fixed guideways.
(8) Major facilities of a public utility means:
(a) Central office buildings of telephone utilities;
(b) Transmission lines, power plants, and substations of electrical utilities;
and
(c) Pipelines and storage areas of utilities providing natural gas or other
petroleum derivatives.
(9) Mass transit means a coordinated system of transit modes providing
transportation for use by the general public.
(10) Mineral means an inanimate constituent of the earth, in solid, liquid, or
gaseous state, which, when extracted from the earth, is usable in its natural form or is capable of conversion into usable form as a metal, a metallic compound, a chemical, an energy source, a raw material for manufacturing, or a construction material. Mineral does not include surface or groundwater subject to appropriation for domestic, agricultural, or industrial purposes, nor does it include geothermal resources.
(11) Mineral resource area means an area in which minerals are located in
sufficient concentration in veins, deposits, bodies, beds, seams, fields, pools, or otherwise as to be capable of economic recovery. Mineral resource area includes but is not limited to any area in which there has been significant mining activity in the past, there is significant mining activity in the present, mining development is planned or in progress, or mineral rights are held by mineral patent or valid mining claim with the intention of mining.
(12) Natural resources of statewide importance is limited to shorelands of
major, publicly owned reservoirs and significant wildlife habitats in which the wildlife species, as identified by the division of parks and wildlife of the department of natural resources, in a proposed area could be endangered.
(13) New communities means the major revitalization of existing
municipalities or the establishment of urbanized growth centers in unincorporated areas.
(14) Rapid transit means the element of a mass transit system involving a
mechanical conveyance on an exclusive lane or guideway constructed solely for that purpose.
Source: L. 74: Entire article added, p. 338, � 1, effective May 17. L. 91: (3) and
(4) amended, p. 1067, � 34, effective July 1. L. 2010: (5) amended, (HB 10-1422), ch. 419, p. 2087, � 75, effective August 11.
24-65.1-105. Effect of article - public utilities. (1) With regard to public
utilities, nothing in this article shall be construed as enhancing or diminishing the power and authority of municipalities, counties, or the public utilities commission. Any order, rule, or directive issued by any governmental agency pursuant to this article shall not be inconsistent with or in contravention of any decision, order, or finding of the public utilities commission with respect to public convenience and necessity. The public utilities commission and public utilities shall take into consideration and, when feasible, foster compliance with adopted land use master plans of local governments, regions, and the state.
(2) Nothing in this article shall be construed as enhancing or diminishing the
rights and procedures with respect to the power of a public utility to acquire property and rights-of-way by eminent domain to serve public need in the most economical and expedient manner.
Source: L. 74: Entire article added, p. 339, � 1, effective May 17.
24-65.1-106. Effect of article - rights of property owners - water rights. (1)
Nothing in this article shall be construed as:
(a) Enhancing or diminishing the rights of owners of property as provided by
the state constitution or the constitution of the United States;
(b) Modifying or amending existing laws or court decrees with respect to the
determination and administration of water rights.
Source: L. 74: Entire article added, p. 340, � 1, effective May 17.
24-65.1-107. Effect of article - developments in areas of state interest and
activities of state interest meeting certain conditions. (1) This article shall not apply to any development in an area of state interest or any activity of state interest which meets any one of the following conditions as of May 17, 1974:
(a) The development or activity is covered by a current building permit issued
by the appropriate local government; or
(b) The development or activity has been approved by the electorate; or
(c) The development or activity is to be on land:
(I) Which has been conditionally or finally approved by the appropriate local
government for planned unit development or for a use substantially the same as planned unit development; or
(II) Which has been zoned by the appropriate local government for the use
contemplated by such development or activity; or
(III) With respect to which a development plan has been conditionally or
finally approved by the appropriate governmental authority.
Source: L. 74: Entire article added, p. 340, � 1, effective May 17.
24-65.1-108. Effect of article - state agency or commission responses. (1)
Whenever any person desiring to carry out development as defined in section 24-65.1-102 (1) is required to obtain a permit, to be issued by any state agency or commission for the purpose of authorizing or allowing such development, pursuant to this or any other statute or regulation promulgated thereunder, such agency or commission shall establish a reasonable time period, which shall not exceed sixty days following receipt of such permit application, within which such agency or commission must respond in writing to the applicant, granting or denying said permit or specifying all reasonable additional information necessary for the agency or commission to respond. If additional information is required, said agency or commission shall set a reasonable time period for response following the receipt of such information.
(2) Whenever a state agency or commission denies a permit, the denial must
specify:
(a) The regulations, guidelines, and criteria or standards used in evaluating
the application;
(b) The reasons for denial and the regulations, guidelines, and criteria or
standards the application fails to satisfy; and
(c) The action that the applicant would have to take to satisfy the state
agency's or commission's permit requirements.
(3) Whenever an application for a permit, as provided under this section,
contains a statement describing the proposed nature, uses, and activities in conceptual terms for the development intended to be accomplished and is not accompanied with all additional information, including, without limitation, engineering studies, detailed plans and specifications, and zoning approval, or, whenever a hearing is required by the statutes, regulations, rules, ordinances, or resolutions thereof prior to the issuance of the requested permit, the agency or commission shall, within the time provided in this section for response, indicate its acceptance or denial of the permit on the basis of the concept expressed in the statement of the proposed uses and activities contained in the application. Such conceptual approval shall be made subject to the applicant filing and completing all prerequisite detailed additional information in accordance with the usual filing requirements of the agency or commission within a reasonable period of time.
(4) All agencies and commissions authorized or required to issue permits for
development shall adopt rules and regulations, or amend existing rules and regulations, so as to require that such agencies and commissions respond in the time and manner required in this section.
(5) Nothing in this section shall shorten the time allowed for responses
provided by federal statute dealing with, or having a bearing on, the subject of any such application for permit.
(6) The provisions of this section shall not apply to applications approved,
denied, or processed by a unit of local government.
Source: L. 74: Entire article added, p. 340, � 1, effective May 17.
PART 2
AREAS AND ACTIVITIES DESCRIBED -
CRITERIA FOR ADMINISTRATION
24-65.1-201. Areas of state interest as determined by local governments.
(1) Subject to the procedures set forth in part 4 of this article, a local government may designate certain areas of state interest from among the following:
(a) Mineral resource areas;
(b) Natural hazard areas;
(c) Areas containing, or having a significant impact upon, historical, natural,
or archaeological resources of statewide importance; and
(d) Areas around key facilities in which development may have a material
effect upon the key facility or the surrounding community.
Source: L. 74: Entire article added, p. 341, � 1, effective May 17.
24-65.1-202. Criteria for administration of areas of state interest. (1) (a)
Mineral resource areas designated as areas of state interest shall be protected and administered in such a manner as to permit the extraction and exploration of minerals therefrom, unless extraction and exploration would cause significant danger to public health and safety. If the local government having jurisdiction, after weighing sufficient technical or other evidence, finds that the economic value of the minerals present therein is less than the value of another existing or requested use, such other use should be given preference; however, other uses which would not interfere with the extraction and exploration of minerals may be permitted in such areas of state interest.
(b) Areas containing only sand, gravel, quarry aggregate, or limestone used
for construction purposes shall be administered as provided by part 3 of article 1 of title 34, C.R.S.
(c) The extraction and exploration of minerals from any area shall be
accomplished in a manner which causes the least practicable environmental disturbance, and surface areas disturbed thereby shall be reclaimed in accordance with the provisions of article 32 of title 34, C.R.S.
(d) Repealed.
(2) (a) Natural hazard areas shall be administered as follows:
(I) (A) Floodplains shall be administered so as to minimize significant hazards
to public health and safety or to property. The Colorado water conservation board shall promulgate a model floodplain regulation no later than September 30, 1974. Open space activities such as agriculture, horticulture, floriculture, recreation, and mineral extraction shall be encouraged in the floodplains. Any combination of these activities shall be conducted in a mutually compatible manner. Building of structures in the floodplain shall be designed in terms of the availability of flood protection devices, proposed intensity of use, effects on the acceleration of floodwaters, potential significant hazards to public health and safety or to property, and other impact of such development on downstream communities such as the creation of obstructions during floods. Activities shall be discouraged that, in time of flooding, would create significant hazards to public health and safety or to property. Shallow wells, solid waste disposal sites, and septic tanks and sewage disposal systems shall be protected from inundation by floodwaters. Unless an activity of state interest is to be conducted therein, an area of corrosive soil, expansive soil and rock, or siltation shall not be designated as an area of state interest unless the Colorado conservation board, through the local conservation district, identifies such area for designation.
(B) Nothing in sub-subparagraph (A) of this subparagraph (I), as amended by
House Bill 05-1180, as enacted at the first regular session of the sixty-fifth general assembly, shall be construed as changing the property tax classification of property owned by a horticultural or floricultural operation.
(II) Wildfire hazard areas in which residential activity is to take place shall be
administered so as to minimize significant hazards to public health and safety or to property. The Colorado state forest service shall promulgate a model wildfire hazard area control regulation no later than September 30, 1974. If development is to take place, roads shall be adequate for service by fire trucks and other safety equipment. Firebreaks and other means of reducing conditions conducive to fire shall be required for wildfire hazard areas in which development is authorized.
(III) In geologic hazard areas all developments shall be engineered and
administered in a manner that will minimize significant hazards to public health and safety or to property due to a geologic hazard. The Colorado geological survey shall promulgate a model geologic hazard area control regulation no later than September 30, 1974.
(b) After promulgation of guidelines for land use in natural hazard areas by
the Colorado water conservation board, the Colorado conservation board through the conservation districts, the Colorado state forest service, and the Colorado geological survey, natural hazard areas shall be administered by local government in a manner that is consistent with the guidelines for land use in each of the natural hazard areas.
(3) Areas containing, or having a significant impact upon, historical, natural,
or archaeological resources of statewide importance, as determined by the state historical society, the department of natural resources, and the appropriate local government, shall be administered by the appropriate state agency in conjunction with the appropriate local government in a manner that will allow man to function in harmony with, rather than be destructive to, these resources. Consideration is to be given to the protection of those areas essential for wildlife habitat. Development in areas containing historical, archaeological, or natural resources shall be conducted in a manner which will minimize damage to those resources for future use.
(4) The following criteria shall be applicable to areas around key facilities:
(a) If the operation of a key facility may cause a danger to public health and
safety or to property, as determined by local government, the area around the key facility shall be designated and administered so as to minimize such danger; and
(b) Areas around key facilities shall be developed in a manner that will
discourage traffic congestion, incompatible uses, and expansion of the demand for government services beyond the reasonable capacity of the community or region to provide such services as determined by local government. Compatibility with nonmotorized traffic shall be encouraged. A development that imposes burdens or deprivation on the communities of a region cannot be justified on the basis of local benefit alone.
(5) In addition to the criteria described in subsection (4) of this section, the
following criteria shall be applicable to areas around particular key facilities:
(a) Areas around airports shall be administered so as to:
(I) Encourage land use patterns for housing and other local government
needs that will separate uncontrollable noise sources from residential and other noise-sensitive areas; and
(II) Avoid danger to public safety and health or to property due to aircraft
crashes.
(b) Areas around major facilities of a public utility shall be administered so as
to:
(I) Minimize disruption of the service provided by the public utility; and
(II) Preserve desirable existing community patterns.
(c) Areas around interchanges involving arterial highways shall be
administered so as to:
(I) Encourage the smooth flow of motorized and nonmotorized traffic;
(II) Foster the development of such areas in a manner calculated to preserve
the smooth flow of such traffic; and
(III) Preserve desirable existing community patterns.
(d) Areas around rapid or mass transit terminals, stations, or guideways shall
be developed in conformance with the applicable municipal master plan adopted pursuant to section 31-23-206, C.R.S., or any applicable master plan adopted pursuant to section 30-28-108, C.R.S. If no such master plan has been adopted, such areas shall be developed in a manner designed to minimize congestion in the streets; to secure safety from fire, floodwaters, and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. Such development in such areas shall be made with reasonable consideration, among other things, as to the character of the area and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the jurisdiction of the applicable local government.
Source: L. 74: Entire article added, p. 341, � 1, effective May 17. L. 75: (5)(a)
amended, p. 1270, � 4, effective July 1. L. 88: (1)(c) amended, p. 1436, � 34, effective June 11. L. 2002: (2)(a)(I) and (2)(b) amended, p. 514, � 3, effective July 1. L. 2005: (2)(a)(I) amended, p. 348, � 3, effective August 8. L. 2010: (1)(d) amended, (SB 10-174), ch. 189, p. 810, � 1, effective August 11. L. 2019: (1)(d) repealed, (SB 19-181), ch. 120, p. 502, � 1, effective April 16.
24-65.1-203. Activities of state interest as determined by local
governments. (1) Subject to the procedures set forth in part 4 of this article, a local government may designate certain activities of state interest from among the following:
(a) Site selection and construction of major new domestic water and sewage
treatment systems and major extension of existing domestic water and sewage treatment systems;
(b) Site selection and development of solid waste disposal sites except those
sites specified in section 25-11-203 (1), C.R.S., sites designated pursuant to part 3 of article 11 of title 25, C.R.S., and hazardous waste disposal sites, as defined in section 25-15-200.3, C.R.S.;
(c) Site selection of airports;
(d) Site selection of rapid or mass transit terminals, stations, and fixed
guideways;
(e) Site selection of arterial highways and interchanges and collector
highways;
(f) Site selection and construction of major facilities of a public utility;
(g) Site selection and development of new communities;
(h) Efficient utilization of municipal and industrial water projects;
(i) Conduct of nuclear detonations; and
(j) The use of geothermal resources for the commercial production of
electricity.
Source: L. 74: Entire article added, p. 344, � 1, effective May 17. L. 79: (1)(b)
amended, p. 1067, � 9, effective June 15; (1)(b) amended, p. 1070, � 2, effective January 1, 1980. L. 83: (1)(b) amended, p. 1105, � 26, effective June 3. L. 2010: (1)(j) added, (SB 10-174), ch. 189, p. 810, � 2, effective August 11.
Editor's note: Amendments to subsection (1)(b) by Senate Bill 79-335 and
House Bill 79-1156 were harmonized, effective January 1, 1980.
24-65.1-204. Criteria for administration of activities of state interest. (1) (a)
New domestic water and sewage treatment systems shall be constructed in areas which will result in the proper utilization of existing treatment plants and the orderly development of domestic water and sewage treatment systems of adjacent communities.
(b) Major extensions of domestic water and sewage treatment systems shall
be permitted in those areas in which the anticipated growth and development that may occur as a result of such extension can be accommodated within the financial and environmental capacity of the area to sustain such growth and development.
(2) Major solid waste disposal sites shall be developed in accordance with
sound conservation practices and shall emphasize, where feasible, the recycling of waste materials. Consideration shall be given to longevity and subsequent use of waste disposal sites, soil and wind conditions, the potential problems of pollution inherent in the proposed site, and the impact on adjacent property owners, compared with alternate locations.
(3) Airports shall be located or expanded in a manner which will minimize
disruption to the environment of existing communities, minimize the impact on existing community services, and complement the economic and transportation needs of the state and the area.
(4) (a) Rapid or mass transit terminals, stations, or guideways shall be
located in conformance with the applicable municipal master plan adopted pursuant to section 31-23-206, C.R.S., or any applicable master plan adopted pursuant to section 30-28-108, C.R.S. If no such master plan has been adopted, such areas shall be developed in a manner designed to minimize congestion in the streets; to secure safety from fire, floodwaters, and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. Activities shall be conducted with reasonable consideration, among other things, as to the character of the area and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the jurisdiction of the applicable local government.
(b) Proposed locations of rapid or mass transit terminals, stations, and fixed
guideways which will not require the demolition of residences or businesses shall be given preferred consideration over competing alternatives.
(c) A proposed location of a rapid or mass transit terminal, station, or fixed
guideway that imposes a burden or deprivation on a local government cannot be justified on the basis of local benefit alone, nor shall a permit for such a location be denied solely because the location places a burden or deprivation on one local government.
(5) Arterial highways and interchanges and collector highways shall be
located so that:
(a) Community traffic needs are met;
(b) Desirable community patterns are not disrupted; and
(c) Direct conflicts with adopted local government, regional, and state
master plans are avoided.
(6) Where feasible, major facilities of public utilities shall be located so as to
avoid direct conflict with adopted local government, regional, and state master plans.
(7) When applicable, or as may otherwise be provided by law, a new
community design shall, at a minimum, provide for transportation, waste disposal, schools, and other governmental services in a manner that will not overload facilities of existing communities of the region. Priority shall be given to the development of total communities which provide for commercial and industrial activity, as well as residences, and for internal transportation and circulation patterns.
(8) Municipal and industrial water projects shall emphasize the most
efficient use of water, including, to the extent permissible under existing law, the recycling and reuse of water. Urban development, population densities, and site layout and design of storm water and sanitation systems shall be accomplished in a manner that will prevent the pollution of aquifer recharge areas.
(9) Nuclear detonations shall be conducted so as to present no material
danger to public health and safety. Any danger to property shall not be disproportionate to the benefits to be derived from a detonation.
Source: L. 74: Entire article added, p. 344, � 1, effective May 17. L. 75: (4)(a)
amended, p. 1270, � 5, effective July 1.
PART 3
LEVELS OF GOVERNMENT INVOLVED AND THEIR FUNCTIONS
24-65.1-301. Functions of local government. (1) Pursuant to this article, it is
the function of local government to:
(a) Designate matters of state interest after public hearing, taking into
consideration:
(I) The intensity of current and foreseeable development pressures; and
(II) Applicable guidelines for designation issued by the applicable state
agencies;
(b) Hold hearings on applications for permits for development in areas of
state interest and for activities of state interest;
(c) Grant or deny applications for permits for development in areas of state
interest and for activities of state interest;
(d) Receive recommendations from state agencies and other local
governments relating to matters of state interest;
(e) Send recommendations to other local governments relating to matters of
state interest.
(f) (Deleted by amendment, L. 2005, p. 667, � 2, effective June 1, 2005.)
Source: L. 74: Entire article added, p. 346, � 1, effective May 17. L. 2005:
(1)(e) and (1)(f) amended, p. 667, � 2, effective June 1.
24-65.1-302. Functions of other state agencies. (1) Pursuant to this article,
it is the function of other state agencies to:
(a) Send recommendations to local governments relating to designation of
matters of state interest on the basis of current and developing information; and
(b) Provide technical assistance to local governments concerning
designation of and guidelines for matters of state interest.
(2) Primary responsibility for the recommendation and provision of technical
assistance functions described in subsection (1) of this section is upon:
(a) The Colorado water conservation board, acting in cooperation with the
Colorado conservation board, with regard to floodplains;
(b) The Colorado state forest service, with regard to wildfire hazard areas;
(c) The Colorado geological survey, with regard to geologic hazard areas,
geologic reports, and the identification of mineral resource areas;
(d) The division of reclamation, mining, and safety, with regard to mineral
extraction and the reclamation of land disturbed thereby;
(e) The Colorado conservation board and conservation districts, with regard
to resource data inventories, soils, soil suitability, erosion and sedimentation, floodwater problems, and watershed protection; and
(f) The division of parks and wildlife of the department of natural resources,
with regard to significant wildlife habitats.
(3) Repealed.
Source: L. 74: Entire article added, p. 346, � 1, effective May 17. L. 92: (2)(d)
amended, p. 1970, � 74, effective July 1. L. 2002: (2)(a) and (2)(e) amended, p. 514, � 4, effective July 1. L. 2005: (1)(a) amended, p. 667, � 3, effective June 1. L. 2006: (2)(d) amended, p. 213, � 4, effective August 7. L. 2019: (3) repealed, (SB 19-181), ch. 120, p. 502, � 2, effective April 16.
PART 4
DESIGNATION OF MATTERS OF STATE INTEREST -
GUIDELINES FOR ADMINISTRATION
24-65.1-401. Designation of matters of state interest. (1) After public
hearing, a local government may designate matters of state interest within its jurisdiction, taking into consideration:
(a) The intensity of current and foreseeable development pressures.
(b) Repealed.
(2) A designation shall:
(a) Specify the boundaries of the proposed area; and
(b) State reasons why the particular area or activity is of state interest, the
dangers that would result from uncontrolled development of any such area or uncontrolled conduct of such activity, and the advantages of development of such area or conduct of such activity in a coordinated manner.
Source: L. 74: Entire section added, p. 347, � 1, effective May 17. L. 2005:
(1)(b) repealed, p. 667, � 1, effective June 1.
24-65.1-402. Guidelines - regulations. (1) The local government shall
develop guidelines for administration of the designated matters of state interest. The content of such guidelines shall be such as to facilitate administration of matters of state interest consistent with sections 24-65.1-202 and 24-65.1-204.
(2) A local government may adopt regulations interpreting and applying its
adopted guidelines in relation to specific developments in areas of state interest and to specific activities of state interest.
(3) No provision in this article shall be construed as prohibiting a local
government from adopting guidelines or regulations containing requirements which are more stringent than the requirements of the criteria listed in sections 24-65.1-202 and 24-65.1-204.
Source: L. 74: Entire article added, p. 347, � 1, effective May 17.
24-65.1-403. Technical and financial assistance. (1) Appropriate state
agencies shall provide technical assistance to local governments in order to assist local governments in designating matters of state interest and adopting guidelines for the administration thereof.
(2) (a) The department of local affairs shall oversee and coordinate the
provision of technical assistance and provide financial assistance as may be authorized by law.
(b) The department of local affairs shall determine whether technical or
financial assistance or both are to be given to a local government on the basis of the local government's:
(I) Showing that current or reasonably foreseeable development pressures
exist within the local government's jurisdiction; and
(II) Plan describing the proposed use of technical assistance and expenditure
of financial assistance.
(3) (a) Any local government applying for federal or state financial
assistance for floodplain studies shall provide prior notification to the Colorado water conservation board. The board shall coordinate and prescribe the standards for all floodplain studies conducted pursuant to this article, including those conducted by federal, local, or other state agencies, to the end that reasonably uniform standards can be applied to the identification and designation of all floodplains within the state and to minimize duplication of effort.
(b) No floodplains shall be designated by any local government until such
designation has been first approved by the Colorado water conservation board as provided in sections 30-28-111 and 31-23-301, C.R.S.
Source: L. 74: Entire article added, p. 347, � 1, effective May 17. L. 77: (3)
added, p. 1241, � 1, effective June 3.
24-65.1-404. Public hearing - designation of an area or activity of state
interest and adoption of guidelines by order of local government. (1) The local government shall hold a public hearing before designating an area or activity of state interest and adopting guidelines for administration thereof.
(2) (a) Notice, stating the time and place of the hearing and the place at
which materials relating to the matter to be designated and guidelines may be examined, shall be published once at least thirty days and not more than sixty days before the public hearing in a newspaper of general circulation in the county.
(b) Any person may request, in writing, that his name and address be placed
on a mailing list to receive notice of all hearings held pursuant to this section. If the local government decides to maintain such a mailing list, it shall mail notices to each person paying an annual fee reasonably related to the cost of production, handling, and mailing of such notice. In order to have his name and address retained on said mailing list, the person shall resubmit his name and address and pay such fee before January 31 of each year.
(3) Within thirty days after completion of the public hearing, the local
government, by order, may adopt, adopt with modification, or reject the particular designation and guidelines; but the local government, in any case, shall have the duty to designate any matter which has been finally determined to be a matter of state interest and adopt guidelines for the administration thereof.
(4) After a matter of state interest is designated pursuant to this section, no
person shall engage in development in such area, and no such activity shall be conducted until the designation and guidelines for such area or activity are finally determined pursuant to this article.
(5) (Deleted by amendment, L. 2005, p. 668, � 4, effective June 1, 2005.)
Source: L. 74: Entire article added, p. 348, � 1, effective May 17. L. 2005:
(2)(a) and (5) amended, p. 668, � 4, effective June 1.
24-65.1-405. Report of local government's progress. (Repealed)
Source: L. 74: Entire article added, p. 348, � 1, effective May 17. L. 2005:
Entire section repealed, p. 667, � 1, effective June 1.
24-65.1-406. Colorado land use commission review of local government
order containing designation and guidelines. (Repealed)
Source: L. 74: Entire article added, p. 349, � 1, effective May 17. L. 2005:
Entire section repealed, p. 667, � 1, effective June 1.
24-65.1-407. Colorado land use commission may initiate identification,
designation, and promulgation of guidelines for matters of state interest. (Repealed)
Source: L. 74: Entire article added, p. 349, � 1, effective May 17. L. 2005:
Entire section repealed, p. 667, � 1, effective June 1.
PART 5
PERMITS FOR DEVELOPMENT IN AREAS
OF STATE INTEREST AND FOR CONDUCT OF
ACTIVITIES OF STATE INTEREST
24-65.1-501. Permit for development in area of state interest or to conduct
an activity of state interest required. (1) (a) Any person desiring to engage in development in an area of state interest or to conduct an activity of state interest shall file an application for a permit with the local government in which such development or activity is to take place. A reasonable fee determined by the local government sufficient to cover the cost of processing the application, including the cost of holding the necessary hearings, shall be paid at the time of filing such application.
(b) The requirement of paragraph (a) of this subsection (1) that a public utility
obtain a permit shall not be deemed to waive the requirements of article 5 of title 40, C.R.S., that a public utility obtain a certificate of public convenience and necessity.
(2) (a) Not later than thirty days after receipt of an application for a permit,
the local government shall publish notice of a hearing on said application. Such notice shall be published once in a newspaper of general circulation in the county, not less than thirty days nor more than sixty days before the date set for hearing.
(b) If a person proposes to engage in development in an area of state interest
or to conduct an activity of state interest not previously designated and for which guidelines have not been adopted, the local government may hold one hearing for determination of designation and guidelines and granting or denying the permit.
(c) The local government may maintain a mailing list and send notice of
hearings relating to permits in a manner similar to that described in section 24-65.1-404 (2)(b).
(d) If the development or activity involves the construction or expansion of
transmission facilities for which the applicant has sought a certificate of public convenience and necessity from the public utilities commission pursuant to section 40-2-126, the local government shall approve or deny issuance of the permit within one hundred eighty days after the application is deemed complete and public notice of the application is given. If the local government does not deny issuance of the permit within that period, the application is deemed approved.
(3) The local government may approve an application for a permit to engage
in development in an area of state interest if the proposed development complies with the local government's guidelines and regulations governing such area. If the proposed development does not comply with the guidelines and regulations, the permit shall be denied.
(4) The local government may approve an application for a permit to conduct
an activity of state interest if the proposed activity complies with the local government's regulations and guidelines for conduct of such activity. If the proposed activity does not comply with the guidelines and regulations, the permit shall be denied.
(5) The local government conducting a hearing pursuant to this section shall:
(a) State, in writing, reasons for its decision, and its findings and conclusions;
and
(b) Preserve a record of such proceedings.
(6) After May 17, 1974, any person desiring to engage in a development in a
designated area of state interest or to conduct a designated activity of state interest who does not obtain a permit pursuant to this section may be enjoined by the appropriate local government from engaging in such development or conducting such activity.
(7) As part of an application for a permit under subsection (1) of this section,
a transmission provider, as defined in section 33-45-102 (11), must demonstrate to the local government through written documentation that it has complied with sections 29-20-108 (6) and 33-45-103 (2).
Source: L. 74: Entire article added, p. 350, � 1, effective May 17. L. 2005:
(1)(a), (2)(a), and (6) amended, p. 668, � 5, effective June 1. L. 2021: (2)(d) added, (SB 21-072), ch. 329, p. 2127, � 6, effective June 24. L. 2022: (7) added, (HB 22-1104), ch. 97, p. 465, � 3, effective April 13.
Cross references: For the legislative declaration in HB 22-1104, see section 1
of chapter 97, Session Laws of Colorado 2022.
24-65.1-502. Judicial review. The denial of a permit by a local government
agency shall be subject to judicial review in the district court for the judicial district in which the major development or activity is to occur.
Source: L. 74: Entire article added, p. 351, � 1, effective May 17.
ARTICLE 65.5
Notification of Surface Development
Law reviews: For article, Oil and Gas Title Searches and Notice Under the
Surface Development Notification Act, see 31 Colo. Law. 113 (Oct. 2002).
24-65.5-101. Legislative declaration - intent. The general assembly
recog
C.R.S. § 24-82-802
24-82-802. Financed purchase of an asset or certificate of participation agreements for real property - definitions - financed purchase of an asset or certificate of participation rental cash fund. (1) As used in this section, unless the context otherwise requires:
(a) (I) Annual financed purchase of an asset or certificate of participation
payment means the total amount due from the state on property subject to a financed purchase of an asset or certificate of participation agreement and includes:
(A) The annual base rent scheduled to be paid and the additional rent
estimated to be paid on or pursuant to the financed purchase of an asset or certificate of participation agreement and any ancillary agreements that may include, but need not be limited to, any of the following that are paid on a current basis and not paid by a seller or other third party as part of a financed purchase of an asset or certificate of participation agreement: All acquisition costs, such as due diligence costs associated with evaluation of an existing building; land acquisition; penalties for breaking lease agreements; a capital reserve for space planning and capital improvements needed in the building for demolition and construction of tenant space for state agencies or the release to existing tenants; relocation costs; office furniture and equipment; insurance; and the costs associated with any financed purchase of an asset or certificate of participation financing; plus
(B) Operating and maintenance costs and a reserve for controlled
maintenance costs.
(II) For the construction of a new building on land owned or leased by the
state, the acquisition costs may also include the architectural and engineering design and engineering costs, site preparation, provisions for utilities and tap fees, and materials and construction costs.
(b) Annual rent costs means base rent typically found in the leased space
line item in the annual general appropriation bill plus all operation, maintenance, and related costs paid to a lessor or other third party.
(c) Department means the department of personnel, created in section 24-1-128.
(d) Executive director means the executive director of the department of
personnel.
(e) Financed purchase of an asset agreement and certificate of
participation agreement shall have the same meanings as provided in section 24-82-801 (4).
(2) (a) Subject to the provisions of this section, the state treasurer, on behalf
of the state of Colorado for the use of the department, is authorized to enter into one or more financed purchase of an asset or certificate of participation agreements for real and associated personal property existing or to be constructed pursuant to requirements of the state to be exclusively used, possessed, and managed by the department for state agencies and nonstate lessees of the department as the executive director may solely determine according to the plan approved pursuant to subsection (4) of this section and subject to the terms of the financed purchase of an asset or certificate of participation agreement.
(b) Subject to section 2 of article XI of the state constitution, the state
treasurer, for the use and benefit of the department, may enter into such financed purchase of an asset or certificate of participation agreements in conjunction with the state board of land commissioners, created pursuant to section 9 of article IX of the state constitution, or with a private person. The state treasurer shall transfer all benefits and responsibilities under the financed purchase of an asset or certificate of participation agreement to the department. The department shall manage the property for the state as the executive director may solely determine, subject to the terms of the financed purchase of an asset or certificate of participation agreement.
(3) The state treasurer shall enter into a financed purchase of an asset or
certificate of participation agreement authorized pursuant to subsection (2) of this section on behalf of the state for the use and benefit of the department only if, at the time that the financed purchase of an asset or certificate of participation agreement is executed:
(a) The state agencies that will be located in the property that is the subject
of the financed purchase of an asset or certificate of participation agreement are funded, in whole or in part, by appropriations and a portion of the appropriations are being expended to pay rent to a seller;
(b) The projected annual rent costs of the state agencies that will be located
in the property plus any current rental payments or rental payments projected to be received from nonstate lessees for each fiscal year during the maximum term of the financed purchase of an asset or certificate of participation agreement exceed the annual financed purchase of an asset or certificate of participation payment for the property, adjusted as appropriate to account for any differences in services provided to, or costs paid for the benefit of, the state under the related leases and financed purchase of an asset or certificate of participation agreements;
(c) The property or proposed construction plan for the property has been
reviewed by the state architect who shall make written recommendations to the executive director for controlled maintenance needs during the term of the financed purchase of an asset or certificate of participation agreement;
(d) The plan for the financed purchase of an asset or certificate of
participation transaction has been approved first by the office of state planning and budgeting and the capital development committee of the general assembly pursuant to subsection (4) of this section;
(e) The executive director acknowledges his or her approval of the terms of
the financed purchase of an asset or certificate of participation agreements and any ancillary agreements;
(f) The agreements for the financed purchase of an asset or certificate of
participation transaction accurately reflect the plan approved by the office of state planning and budgeting and the capital development committee; and
(g) The state controller has approved all agreements pursuant to section 24-30-202.
(4) Prior to the state treasurer entering into any financed purchase of an
asset or certificate of participation agreement pursuant to this section, the executive director shall submit the report required by section 24-82-102 (1) and the plan for the financed purchase of an asset or certificate of participation transaction to the office of state planning and budgeting. If the office of state planning and budgeting approves the report and the plan, it shall submit the report and the plan to the capital development committee of the general assembly. The capital development committee shall approve the plan or refer its recommendations regarding the plan, with written comments, to the executive director and the office of state planning and budgeting.
(5) Approval of the plan by the office of state planning and budgeting shall
not authorize the department to expend any money on the annual financed purchase of an asset or certificate of participation payment in any fiscal year in an amount greater than the projected annual rent costs of the state agencies plus any rental payments projected to be received from nonstate lessees for such fiscal year, adjusted as appropriate to account for any differences in services provided to, or costs paid for the benefit of, the state under the related leases and financed purchase of an asset or certificate of participation agreements.
(6) The state of Colorado, acting by and through the state treasurer, for the
use and benefit of the department may, at the state treasurer's sole discretion, enter into one or more financed purchase of an asset or certificate of participation agreements authorized by subsection (2) of this section with any for-profit or nonprofit corporation, trust, or commercial bank as a trustee, as seller.
(7) (a) A financed purchase of an asset or certificate of participation
agreement authorized in subsection (2) of this section shall provide that all of the obligations of the state under the financed purchase of an asset or certificate of participation agreement shall be subject to the action of the general assembly in annually making money available for all payments thereunder. The financed purchase of an asset or certificate of participation agreement shall also provide that the obligations shall not be deemed or construed as creating an indebtedness of the state within the meaning of any provision of the state constitution or the laws of the state of Colorado concerning or limiting the creation of indebtedness by the state of Colorado and shall not constitute a multiple fiscal-year direct or indirect debt or other financial obligation of the state within the meaning of section 20 (4) of article X of the state constitution. In the event the state of Colorado does not renew a financed purchase of an asset or certificate of participation agreement authorized in subsection (2) of this section, the sole security available to the seller shall be the property encumbered to secure the nonrenewed financed purchase of an asset or certificate of participation agreement or equivalent substitute collateral provided by the state.
(b) A financed purchase of an asset or certificate of participation agreement
authorized in subsection (2) of this section may contain such terms, provisions, and conditions as the state treasurer, acting on behalf of the state of Colorado and for the use and benefit of the department, may deem appropriate, including all optional terms; except that a financed purchase of an asset or certificate of participation agreement:
(I) Shall not exceed in its term the shorter of the remaining useful life of the
building or twenty-five years; and
(II) Shall specifically authorize the state of Colorado:
(A) To receive title to all real and personal property that is the subject of the
financed purchase of an asset or certificate of participation agreement on or prior to the expiration of the terms of the financed purchase of an asset or certificate of participation agreement; and
(B) To reduce the term of the agreement through prepayment of rental and
other payments subject to the terms of the financed purchase of an asset or certificate of participation agreement and any ancillary agreement.
(c) A financed purchase of an asset or certificate of participation agreement
authorized in subsection (2) of this section may provide for the issuance, distribution, and sale of instruments evidencing rights to receive rentals and other payments made and to be made under the financed purchase of an asset or certificate of participation agreement. The instruments shall not be notes, bonds, or any other evidence of indebtedness of the state within the meaning of any provision of the state constitution or the law of the state concerning or limiting the creation of indebtedness of the state and shall not constitute a multiple fiscal-year direct or indirect debt or other financial obligation of the state within the meaning of section 20 (4) of article X of the state constitution.
(d) Interest paid under a financed purchase of an asset or certificate of
participation agreement authorized in subsection (2) of this section, including interest represented by the instruments, shall be exempt from Colorado income tax.
(e) The state of Colorado, acting through the state treasurer, for the use and
benefit of the department, is authorized, if the executive director concurs, to enter into ancillary agreements and instruments as are deemed necessary or appropriate in connection with a financed purchase of an asset or certificate of participation agreement, including but not limited to ground leases, site leases, easements, or other instruments relating to the real property on which the facilities are located; except that no ancillary agreement is authorized that would cause the annual financed purchase of an asset or certificate of participation payment to exceed the annual rent costs appropriated to the state agencies prior to the financed purchase of an asset or certificate of participation agreement plus any rent projected to be received from nonstate lessees.
(f) A financed purchase of an asset or certificate of participation agreement
authorized in subsection (2) of this section may require the state to provide insurance; except that no insurance is authorized that would cause the annual financed purchase of an asset or certificate of participation payment to exceed the annual rent costs of the state agencies prior to the financed purchase of an asset or certificate of participation agreement plus any rent projected to be received from nonstate lessees, adjusted as described in subsection (3)(b) of this section. The insurance may be provided through the self-insured property fund created pursuant to section 24-30-1510.5.
(8) Any provision of the fiscal rules promulgated pursuant to section 24-30-202 (1) and (13) that the state controller deems to be incompatible or inapplicable
with respect to said financed purchase of an asset or certificate of participation agreements or any such ancillary agreement may be waived by the controller or his or her designee.
(9) If a financed purchase of an asset or certificate of participation
agreement authorized pursuant to subsection (2) of this section is executed, during the term of the financed purchase of an asset or certificate of participation agreement, money that at the time of the execution is appropriated to a state agency for rental payments in an amount equal to the annual financed purchase of an asset or certificate of participation payment, less any payments projected to be received from nonstate lessees pursuant to subsection (10) of this section, shall be transferred to the financed purchase of an asset or certificate of participation servicing account of the capital construction fund, created in section 24-75-302 (3.5), and, subject to annual appropriation, shall be used to pay the annual financed purchase of an asset or certificate of participation payments for the property that is the subject of the financed purchase of an asset or certificate of participation agreement or for operating, maintenance, and controlled maintenance costs for the property subject to the financed purchase of an asset or certificate of participation agreement. Money held in the financed purchase of an asset or certificate of participation servicing account shall be for the benefit of the department.
(10) (a) If the executive director determines that, in a property subject to a
financed purchase of an asset or certificate of participation agreement authorized pursuant to subsection (2) of this section, there is space that is not needed by a state agency, the executive director, separately or in conjunction with the state board of land commissioners or another person, may:
(I) Hire a building manager to manage the space; or
(II) Subject to the approval of the office of state planning and budgeting,
lease the space to any person on commercially reasonable terms.
(b) (I) Any money received by the executive director on behalf of nonstate
lessees pursuant to subsection (10)(a) of this section shall be transmitted to the state treasurer, who shall credit the same to the financed purchase of an asset or certificate of participation rental cash fund for the benefit of the department, which fund is hereby created and referred to in this section as the fund. The money in the fund shall be subject to annual appropriation by the general assembly to the department of personnel and shall only be used for the annual financed purchase of an asset or certificate of participation payments for financed purchase of an asset or certificate of participation agreements authorized pursuant to subsection (2) of this section or for operating, maintenance, and controlled maintenance costs for the buildings subject to the financed purchase of an asset or certificate of participation agreements.
(II) Any money in the fund not expended for the purpose of this subsection
(10) may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of money in the fund shall be credited to the fund. Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund.
Source: L. 2010: Entire section added, (SB 10-166), ch. 185, p. 664, � 1,
effective April 29. L. 2021: IP(1)(a)(I), (1)(a)(I)(A), (1)(e), (2), IP(3), (3)(a), (3)(b), (3)(c), (3)(d), (3)(e), (3)(f), (4), (5), (6), (7)(a), IP(7)(b), (7)(b)(II)(A), (7)(b)(II)(B), (7)(c), (7)(d), (7)(e), (7)(f), (8), (9), IP(10)(a), (10)(b)(I), and (10)(b)(II) amended, (HB 21-1316), ch. 325, p. 2039, � 58, effective July 1.
C.R.S. § 24-91-103.5
24-91-103.5. Public entity - contracts - delay clauses - definition. (1) (a) Any clause in a public works contract that purports to waive, release, or extinguish the rights of a contractor to recover costs or damages, or obtain an equitable adjustment, for delays in performing such contract, if such delay is caused in whole, or in part, by acts or omissions within the control of the contracting public entity or persons acting on behalf thereof, is against public policy and is void and unenforceable.
(b) As used in this subsection (1), public works contract means a contract of
the state, county, city and county, city, town, school district, special district, or any other political subdivision of the state for the construction, alteration, repair, or maintenance of any building, structure, highway, bridge, viaduct, pipeline, public works, real property as defined in section 24-30-1301 (15), or any other work dealing with construction, which includes, but need not be limited to, moving, demolition, or excavation performed in conjunction with such work.
(2) Subsection (1) of this section is not intended to render void any contract
provision of a public works contract that:
(a) Precludes a contractor from recovering that portion of delay costs
caused by the acts or omissions of the contractor or its agents;
(b) Requires notice of any delay by the party responsible for such delay;
(c) Provides for reasonable liquidated damages;
(d) Provides for arbitration or any other procedure designed to settle
contract disputes.
Source: L. 89: Entire section added, p. 1142, � 2, effective April 10. L. 2014:
(1)(b) amended, (HB 14-1387), ch. 378, p. 1851, � 59, effective June 6.
Cross references: For the legislative declaration in HB 14-1387, see section 1
of chapter 378, Session Laws of Colorado 2014.
C.R.S. § 24-92-102
24-92-102. Definitions. As used in this article 92, unless the context otherwise requires:
(1) Agency of government means any agency, department, division, board,
bureau, commission, institution, or section of this state which is a budgetary unit exercising construction contracting authority or discretion.
(2) Construction contract or contract means any agreement for building,
altering, repairing, improving, or demolishing any public project of any kind. For the purposes of this article, the terms include capital construction, capital renewal, and controlled maintenance, as defined in section 24-30-1301.
(3) Cost means the total cost of labor, materials, provisions, supplies,
equipment rentals, equipment purchases, insurance, supervision, engineering, clerical, and accounting services, the value of the use of equipment, including its replacement value, owned by a state agency, and reasonable estimates of other administrative costs not otherwise directly attributable to the public project which may be reasonably apportioned to such project in accordance with generally accepted cost accounting principles and standards.
(4) Cost-reimbursement contract means a contract under which a
contractor is reimbursed for costs which are allowable and allocable in accordance with the contract terms and the provisions of this article.
(5) Invitation for bids means all documents, whether attached or
incorporated by reference, utilized for soliciting bids.
(6) Low responsible bidder means any contractor who has bid in
compliance with the invitation to bid and within the requirements of the plans and specifications for a public project, who is the low bidder, and who has furnished bonds or their equivalent as required by law.
(7) Project description means the words used in a solicitation to describe
the construction to be performed, and includes specifications attached to, or made a part of, the solicitation.
(8) (a) Public project means any construction, alteration, repair, demolition,
or improvement of any land, building, structure, facility, road, highway, bridge, or other public improvement suitable for and intended for use in the promotion of the public health, welfare, or safety and any maintenance programs for the upkeep of such projects.
(b) Except as provided in paragraph (c) of this subsection (8), public project
does not include any project for which appropriation or expenditure of moneys may be reasonably expected not to exceed five hundred thousand dollars in the aggregate for any fiscal year. Nothing in this paragraph (b) shall affect the requirements for the delivery of bonds or security pursuant to sections 24-105-202, 38-26-105, and 38-26-106, C.R.S.
(c) Public project does not include any project under the supervision of the
department of transportation for which appropriation or expenditure of funds may be reasonably expected not to exceed three hundred thousand dollars in the aggregate of any fiscal year, annually adjusted for inflation as provided in section 24-92-109 (1)(b).
(9) Responsible officer means the person having overall contract
administration responsibility for an agency of government.
Source: L. 81: Entire article added, p. 1254, � 1, effective July 1. L. 98: (8)
amended, p. 1042, � 1, effective August 5. L. 2001: (8)(b) amended, p. 214, � 1, effective August 8. L. 2010: (8)(b) amended, (HB 10-1181), ch. 351, p. 1628, � 22, effective June 7. L. 2014: (2) amended, (HB 14-1387), ch. 378, p. 1852, � 60, effective June 6. L. 2021: IP and (8)(c) amended, (HB 21-1056), ch. 181, p. 977, � 1, effective September 7. L. 2024: (8)(c) amended, (HB 24-1143), ch. 114, p. 369, � 1, effective August 7.
Cross references: For the legislative declaration in HB 14-1387, see section 1
of chapter 378, Session Laws of Colorado 2014.
C.R.S. § 24-92-201
24-92-201. Definitions. As used in this part 2, unless the context otherwise requires:
(1) Agency of government means any agency, department, division, board,
bureau, commission, institution, or section of the state which is a budgetary unit exercising construction contracting authority or discretion. Agency of government does not include any county, city and county, city, municipality, town, school district, special district, or any other political subdivision of the state.
(2) Contractor means any person having a contract for a public project with
an agency of government.
(3) Director means the director of the department of personnel.
(4) Employees means workers who are employees pursuant to section 8-4-101 (5), and who are engaged by contractors or subcontractors to perform jobs on
various types of public projects including mechanics, laborers, and other construction workers.
(5) Public project means any construction, alteration, repair, demolition, or
improvement of any land, building, structure, facility, road, highway, bridge, or other public improvement suitable for and intended for use in the promotion of public health, welfare, or safety and any operation or maintenance programs for the operation and upkeep of such projects. Public project includes any work, construction, or repair performed by a private party through a contract to rent, lease, or purchase at least fifty percent of the project by one or more agencies of government.
(6) Wages, scale of wages, wage rates, minimum wages, and
prevailing wages means:
(a) The basic hourly rate of pay; and
(b) For medical or hospital care, pensions on retirement or death,
compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the forgoing, for unemployment benefits, life insurance, disability and sickness insurance, or accident insurance, for vacation and holiday pay, for defraying the costs of apprenticeship or other similar programs, or for other bona fide fringe benefits, but only where the contractor or subcontractor is not required by other federal, state, or local law to provide any of those benefits, the amount of:
(I) The rate of contribution irrevocably made by a contractor or
subcontractor to a trustee or to a third person under a fund, plan, or program; and
(II) The rate of costs to the contractor or subcontractor that may be
reasonably anticipated in providing benefits to employees pursuant to an enforceable commitment to carry out a financially responsible plan or program which was communicated in writing to the employees affected.
Source: L. 2019: Entire part added, (SB 19-196), ch. 316, p. 2949, � 2, effective
August 2.
C.R.S. § 24-93-103
24-93-103. Definitions. As used in this article, unless the context otherwise requires:
(1) Agency means any agency, department, division, board, bureau,
commission, institution, or other agency of the executive, legislative, or judicial branch of state government that is a budgetary unit exercising construction contracting authority or discretion.
(2) Contract means any agreement for designing, building, altering,
repairing, improving, demolishing, operating, maintaining, or financing a public project. For purposes of this article, contract includes capital construction as defined in section 24-30-1301 (2).
(3) Cost-reimbursement contract means a contract under which a
participating entity is reimbursed for costs that are allowable and that is allocable in accordance with the contract terms and provisions of this article.
(4) Integrated project delivery or IPD means a project delivery method in
which there is a contractual agreement between an agency and a single participating entity for the design, construction, alteration, operation, repair, improvement, demolition, maintenance, or financing, or any combination of these services, for a public project.
(5) IPD contract means a contract using an integrated project delivery
method.
(6) Participating entity means a partnership, corporation, joint venture,
unincorporated association, or other legal entity that provides appropriately licensed planning, architectural, engineering, development, construction, operating, or maintenance services as needed in connection with an IPD contract.
(7) Public project means any construction, alteration, repair, demolition, or
improvement of any land, building, structure, facility, road, highway, bridge, or other public improvement suitable for and intended for use in the promotion of the public health, welfare, or safety and any operation or maintenance programs for the operation and upkeep of such projects.
Source: L. 2007: Entire article added, p. 1806, � 1, effective August 3. L.
2014: (2) amended, (HB 14-1387), ch. 378, p. 1852, � 62, effective June 6.
Cross references: For the legislative declaration in HB 14-1387, see section 1
of chapter 378, Session Laws of Colorado 2014.
C.R.S. § 24-94-102
24-94-102. Definitions. As used in this article 94, unless the context otherwise requires:
(1) Department means the department of personnel.
(2) Develop means to plan, design, develop, build, establish, finance, lease,
acquire, install, construct, reconstruct, or expand a public project.
(3) Executive director means the executive director of the department of
personnel or the executive director's designee.
(4) Finance means the supply by a private partner of resources to
accomplish all or any part of the work or services for a public project, including funds, financing, income, revenue, cost sharing, technology, personnel, equipment, expertise, data, or engineering, construction, or maintenance services.
(4.3) HVAC means heating, ventilation, and air conditioning.
(4.7) Local education provider means:
(a) A local education provider, as defined in section 22-16-103 (4); and
(b) The Colorado school for the deaf and the blind described in section 22-80-102.
(5) Operate means to finance, operate, maintain, improve, equip, modify,
repair, or administer a public project.
(6) Private partner means any natural person, corporation, general
partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, nonprofit entity, local government, other private business entity, or any combination thereof.
(7) Public-private agreement means any agreement between one or more
private partners and one or more state public entities that contractually provides for the responsibilities of all parties in negotiating, developing, or operating any aspect of a proposed or approved public project or financed purchased of an asset. Public-private agreement does not mean a grant or incentive program established in another provision of law or an agreement approved by the economic development commission pursuant to parts 1 and 3 of article 46 of this title 24.
(8) Public-private partnership means an agreement between one or more
state public entities and one or more private partners by which a state public entity may allocate responsibility or risk to a private partner to develop or operate a public project and, in return, the private partner may receive the right to all or a portion of fees generated by the public project, availability payments made by the state public entity, other public money, or any other legally available consideration. A public-private partnership does not confer onto the relationship formed any of the attributes or incidents of a partnership pursuant to section 7-60-106 or the common law. Public-private partnership does not mean any grant or incentive program established by another provision of law or agreements that are approved by the economic development commission, including but not limited to grant or incentive programs described in parts 1 and 3 of article 46 of this title 24.
(9) Public project means any construction, alteration, repair, demolition, or
improvement of any state-owned land, building, structure, facility, asset, or other public improvement suitable for and intended for use in the promotion of the public health, welfare, or safety, and any maintenance programs for the upkeep of such projects subject to part 2 of article 92 of this title 24. Public project includes but is not limited to a project for civic, child care, medical, utility, telecommunication, cultural, recreational, or educational facilities or services.
(10) State public entity means any department, agency, or subdivision of
the executive branch of state government; except that state public entity does not include state entities that have specific statutory authority to enter into public-private partnerships, including but not limited to the authority specified in sections 23-3.1-301 (1), 23-3.1-306.5, 24-33.5-510, 26-6.9-102, 32-22-105 (1)(a)(VIII), 40-2-123, and 43-4-806.
(11) Subcommittee means the public-private partnership subcommittee of
the Colorado economic development commission created in section 24-46-102 (4).
(12) Unit means the public-private collaboration unit created in section 24-94-103 (2).
Source: L. 2022: Entire article added, (SB 22-130), ch. 232, p. 1711, � 2,
effective May 26. L. 2025: (4.3) and (4.7) added, (HB 25-1245), ch. 400, p. 2271, � 7, effective August 6.
Cross references: For the legislative declaration in HB 25-1245, see section 1
of chapter 400, Session Laws of Colorado 2025.
C.R.S. § 25-16-312
25-16-312. Rural housing and development asbestos and lead paint abatement pilot grant program - fund created - definition - rules - repeal. (1) The rural housing and development asbestos and lead paint abatement pilot grant program, referred to in this section as the pilot grant program, is established in the department. The pilot grant program may award grants, beginning July 1, 2025, to local governments in rural communities to offset costs associated with the abatement of asbestos and lead paint in:
(a) Housing;
(b) Commercial buildings; and
(c) Other development projects.
(2) To be eligible for a grant from the pilot grant program, a local
government must submit an application to the department. The application must:
(a) For renovation or demolition sites, include an inspection report consistent
with the rules adopted pursuant to section 25-7-503 detailing asbestos-containing materials in excess of trigger levels;
(b) For renovation of lead-based paint abatement sites, include a description
of eligibility that the facility meets the definition in section 25-7-1102 (2) or (7);
(c) For both asbestos and lead-based paint abatement, renovation, or
demolition, include documentation demonstrating that the applicant has acquired any necessary permits and regulatory approval from the air pollution control division; and
(d) Include an assessment of the needs of the local government's rural
communities specific to:
(I) The health and environmental impacts of asbestos- and lead-paint-contaminated structures;
(II) The presence or lack of certified asbestos abatement or lead paint
abatement personnel or supervisors operating within, or traveling to, rural communities for abatement projects;
(III) The cost of acquiring certified asbestos abatement or lead paint
abatement personnel or supervisors within rural communities;
(IV) The proximity to, and availability of, asbestos and lead paint disposal
facilities; and
(V) Community impacts on economic development and affordable housing.
(3) (a) The rural housing and development asbestos and lead paint
abatement fund, referred to in this section as the fund, is created in the state treasury. The fund consists of money generated from penalties and fines collected pursuant to sections 25-15-309 and 25-15-310, as described in section 25-15-311; penalties collected pursuant to section 25-7-511; and any other money that the general assembly may appropriate or transfer to the fund.
(b) The state treasurer shall credit all interest and income derived from the
deposit and investment of money in the fund to the fund.
(c) The state treasurer shall credit any unexpended and unencumbered
money remaining in the fund at the end of a state fiscal year to the fund; except that, on June 30, 2027, the state treasurer shall credit any unexpended and unencumbered money remaining in the fund to the general fund.
(d) Subject to annual appropriation by the general assembly, the department
may expend money to award grants as described in subsection (1) of this section.
(4) As used in this section, unless the context requires otherwise, rural
community has the meaning set forth in section 39-22-526 (1)(b)(II).
(5) This section is repealed, effective July 1, 2027.
Source: L. 2024: Entire section added, (HB 24-1457), ch. 356, p. 2431, � 1,
effective August 7.
ARTICLE 16.5
Colorado Sustainability
Editor's note: This article 16.5 was added in 1992. It was repealed and
reenacted in 2024, resulting in the addition, relocation, or elimination of sections as well as subject matter. For the text of this article 16.5 prior to 2024, consult the 2023 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this article 16.5, see the comparative tables located in the back of the index.
25-16.5-101. Short title. The short title of this article 16.5 is the Colorado
Sustainability Act.
Source: L. 2024: Entire article R&RE, (HB 24-1449), ch. 192, p. 1110, � 1,
effective July 1.
Editor's note: This section is similar to former � 25-16.5-101 as it existed prior
to 2024.
25-16.5-102. Legislative declaration. (1) The general assembly finds that:
(a) The Pollution Prevention Act of 1992, which has been instrumental in
addressing certain environmental concerns over the previous three decades, should be updated to meet the state's evolving sustainability and circularity needs;
(b) Circularity, including waste diversion and aversion, involves more than
diverting waste materials from the landfill. A circular business model prevents waste, uses resources efficiently, prioritizes renewable inputs, and invests in improved product design as a means to maximize a product's value by maximizing the product's usage and lifetime. At the end of a product's useful life, circularity involves recovering and reusing the product and any byproducts created in its manufacturing to make new materials and products.
(c) Waste diversion and aversion, which are important components of
circularity and include organics management:
(I) Extend the useful life of local landfills;
(II) Mitigate greenhouse gas emissions;
(III) Protect the soil relied upon for the state's farmland; and
(IV) Save natural resources;
(d) It is critical to foster and recognize partnerships between governments,
businesses, and communities in achieving the state's sustainability and circularity objectives. Businesses have the potential to lead in environmental stewardship and to play a vital role in reaching these objectives.
(e) Efforts to improve sustainability services and circularity in the state,
including by providing coaching and recognition of businesses engaged in sustainability and circularity, support Colorado's environment and economy and the social fabric of our state.
(2) The general assembly further finds that:
(a) By merging the recycling resources economic opportunity program and
the front range waste diversion enterprise into a new Colorado circular communities enterprise:
(I) The impact of waste disposal throughout the state can be minimized, and,
as a result, the state's natural beauty and resources can be better maintained;
(II) Increased services may be provided to the waste disposal site operators
that pay fees, as well as to residents and businesses throughout the state; and
(III) More diverse, equitable, efficient, and innovative solutions to waste
management can be implemented through the evolving field of circularity, including regional and statewide solutions that benefit communities outside of the front range; and
(b) Through the development of regional solutions, public-private
partnerships, and extended project periods, the Colorado circular communities enterprise will provide local governments, businesses, nonprofits, and other eligible entities with enhanced project design options to support community projects that will provide environmental and economic benefits throughout the state.
(3) Therefore, the general assembly declares that:
(a) The modernization of the Pollution Prevention Act of 1992 is necessary
to build a comprehensive framework for advancing sustainability and circularity efforts in the state through technical assistance, financial assistance, and recognition of innovative leaders in sustainable operations; and
(b) This article 16.5 fosters environmental sustainability by seeking to strike
a balance between economic growth and environmental care in a manner that meets the needs of current generations in the state without compromising the needs of future generations.
Source: L. 2024: Entire article R&RE, (HB 24-1449), ch. 192, p. 1110, � 1,
effective July 1.
Editor's note: This section is similar to former � 25-16.5-102 as it existed prior
to 2024.
25-16.5-103. Definitions. As used in this article, unless the context
otherwise requires:
(1) Circular economy has the meaning set forth in section 25-17-601 (2).
(2) Colorado circular communities enterprise or enterprise means the
Colorado circular communities enterprise created in section 25-16.5-109 (3).
(3) Department means the department of public health and environment.
(4) Federal act means the federal Emergency Planning and Community
Right-to-know Act of 1986, 42 U.S.C. sec. 11001 et seq., Title III of the federal Superfund Amendments and Reauthorization Act of 1986, Pub.L. 99-499.
(5) Hazardous substance means those chemicals defined as hazardous
substances under section 313 of the federal Superfund Amendments and Reauthorization Act of 1986 (SARA Title III), as amended, and sections 101 (14) and 102 of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. sec. 9601 et seq., as amended.
(6) Local government means a statutory or home rule city, county, or city
and county.
(7) Organic materials has the meaning set forth in section 25-17-901 (5).
(8) School means:
(a) A school of a school district;
(b) A district charter school, as defined in section 22-11-103 (12);
(c) An institute charter school, as defined in section 22-30.5-502 (6);
(d) An approved facility school, as defined in section 22-2-402 (1); or
(e) A board of cooperative services, as defined in section 22-5-103 (2).
(9) State institution of higher education has the meaning set forth in
section 23-18-102 (10).
(10) Sustainability means nonregulatory activities that, for both current
and future generations, protect the environment, support local and state economics, and promote public health.
(11) Waste diversion and aversion or waste diversion or aversion means
the sustainable design, production, distribution, consumption, recoverability, reuse, waste prevention, repair, collection, and recycling of a variety of materials, including construction and demolition materials, single-stream materials, technology and electronic materials; food recovery; and the composting of raw and reused materials, including organic materials.
Source: L. 2024: Entire article R&RE, (HB 24-1449), ch. 192, p. 1112, � 1,
effective July 1.
Editor's note: This section is similar to former � 25-16.5-103 as it existed prior
to 2024.
25-16.5-104. Recycling resources economic opportunity fund - creation -
repeal. (Repealed)
Source: L. 2024: Entire article R&RE, (HB 24-1449), ch. 192, p. 1113, � 1,
effective July 1.
Editor's note: (1) Prior to its repeal, this section was similar to former � 25-16.5-106.5 as it existed prior to 2024.
(2) Subsection (5) provided for the repeal of this section, effective October 1,
-
(See L. 2024, p. 1113.)
25-16.5-105. Recycling resources economic opportunity program - grants - repeal. (Repealed)
Source: L. 2024: Entire article R&RE, (HB 24-1449), ch. 192, p. 1113, � 1, effective July 1.
Editor's note: (1) Prior to its repeal, this section was similar to former � 25-16.5-106.7 as it existed prior to 2024.
(2) Subsection (3) provided for the repeal of this section, effective October 1, 2025. (See L. 2024, p. 1113.)
25-16.5-106. Statewide voluntary sustainability program. (1) The department shall establish a statewide, voluntary program that:
(a) Encourages, supports, and rewards businesses, such as for-profit entities, nonprofits, local governments, schools, and state institutions of higher education; and
(b) Moves the state toward evidenced sustainability.
(2) In implementing the statewide voluntary program, the department may:
(a) Provide assessments and technical assistance to businesses seeking to increase sustainability in their operations;
(b) Facilitate business collaborations and peer-to-peer support;
(c) Establish regional partnerships and partnerships with local governments, where partners consistently apply the department framework for achieving sustainable business operations;
(d) Support businesses in marketing their sustainability achievements and efforts;
(e) Recognize businesses' sustainability achievements;
(f) Promote funding opportunities that can assist businesses with achieving their sustainability goals;
(g) Provide services and funding to assist small businesses;
(h) To the extent funding is available, provide annual training that includes food waste prevention and reduction strategies, develop a food waste reduction guidance document, place the document on the department's public website, and update the document at least annually; and
(i) At the discretion of the department, deliver additional sustainability services to meet business needs.
Source: L. 2024: Entire article R&RE, (HB 24-1449), ch. 192, p. 1114, � 1, effective July 1. L. 2025: (2)(g) and (2)(h) amended and (2)(i) added, (HB 25-1166), ch. 90, p. 372, � 1, effective August 6.
25-16.5-107. Pollution prevention fees. (1) (a) The department shall charge and collect pollution prevention fees from any reporting facility that is required to file a report with the department pursuant to the federal act as follows:
(I) Facilities required to report pursuant to section 11002 of the federal act shall pay an annual fee not to exceed ten dollars per reporting facility;
(II) Each facility required to report pursuant to section 11022 of the federal act is required to pay an annual fee not to exceed ten dollars for every hazardous substance located at the facility in excess of the thresholds adopted by the United States environmental protection agency; and
(III) Each facility required to report pursuant to section 11023 of the federal act shall pay an annual fee not to exceed twenty-five dollars for every extremely hazardous substance located at the facility in excess of the thresholds adopted by the United States environmental protection agency.
(b) The department shall charge and collect pollution prevention fees from any federal agency from which, pursuant to federal Executive Order No. 12856, as published in 58 FR 41981 (1993), the department has the authority to collect pollution prevention fees.
(c) Any retail motor fuel outlet that is required to report pursuant to the federal act shall pay one-half of the fee set forth in subsection (1)(a) of this section.
(d) Any single reporting organization that owns or operates multiple reporting facilities is not required to pay more than a total of one thousand dollars for all pollution prevention fees required by this section.
(e) Agricultural businesses that are required to report under the federal act are not required to pay the pollution prevention fees set forth in this subsection (1).
(f) It is the intent of the general assembly that the department collect all fees from any reporting facility required to report under the federal act, including the pollution prevention fee, in a single, centralized billing procedure.
(2) The department shall transmit any money collected pursuant to subsection (1) of this section to the state treasurer and the state treasurer shall credit the money to the pollution prevention fund created in section 25-16.5-108.
Source: L. 2024: Entire article R&RE, (HB 24-1449), ch. 192, p. 1114, � 1, effective July 1.
Editor's note: This section is similar to former � 25-16.5-108 as it existed prior to 2024.
25-16.5-108. Pollution prevention fund - created. (1) There is created in the state treasury the pollution prevention fund. Any money collected pursuant to section 25-16.5-107 is credited to the fund. All interest derived from the deposit and investment of money in the fund is credited to the general fund. At the end of any fiscal year, all unexpended and unencumbered money in the fund remains in the fund and is not credited or transferred to the general fund or any other fund.
(2) The money generated from the pollution prevention fees pursuant to section 25-16.5-107 is annually appropriated to the department to cover the direct and indirect costs for sustainability services set forth in section 25-16.5-106. The money in the fund shall not be used for the enforcement of any state law or regulation governing environmental protection.
Source: L. 2024: Entire article R&RE, (HB 24-1449), ch. 192, p. 1115, � 1, effective July 1.
Editor's note: This section is similar to former � 25-16.5-109 as it existed prior to 2024.
25-16.5-109. Colorado circular communities enterprise - fund - goals - grant program - personal property tax reimbursements - gifts, grants, or donations - legislative declaration - definitions - repeal. (1) Legislative declaration. The general assembly:
(a) Finds that:
(I) Colorado has one of the lowest rates of waste diversion in the United States, recycling only about twelve percent of our waste compared to thirty-five percent nationwide;
(II) Colorado disposed of a record amount of trash in landfills in 2017, over nine million tons, while there was essentially no increase in the municipal waste diversion rate;
(III) Recycling, reuse, and remanufacturing contribute almost nine billion dollars to the Colorado economy annually, yet we are throwing away in our landfills more than one-quarter billion dollars' worth annually of recyclable material, such as aluminum, cardboard, paper, glass, and plastics, which material could have been recycled here in Colorado, thereby creating local jobs and strengthening local economies;
(IV) Recycling creates an average of nine times more jobs per ton of waste than does disposal in a landfill, and recycling is one of the fastest, easiest, and most cost-effective ways to reduce greenhouse gas emissions;
(V) The front range:
(A) Generates about eighty-five percent of the waste statewide and has most of the infrastructure in place to divert waste from landfills; and
(B) Has higher densities of waste producers and recycling facilities than the rest of the state and thus fewer challenges regarding long distances to recycling facilities and markets;
(VI) To support waste diversion efforts, the average family living along the front range pays about eighty-six cents per year in the form of user fees assessed at fourteen cents per cubic yard of waste disposed of at attended landfills, which fees are used to support waste diversion efforts; and
(VII) Circularity can only be achieved when working collaboratively across the state to maximize the use of local materials and the local use of end products;
(VIII) Circularity and waste diversion and aversion infrastructure is needed statewide through a combination of local, regional, and statewide solutions; and
(IX) Circularity services, including waste diversion and aversion, support operators of attended solid waste disposal sites, waste producers, and persons paying the fee by extending the useful life of landfills, supporting expansion of fee services to meet community demand for composting and recycling services, and establishing local uses for collected materials that reduce the transportation costs of operators of attended solid waste disposal sites, waste producers, and persons paying the fee;
(b) Determines that:
(I) A circular economy, including waste diversion and aversion, has substantial economic and environmental benefits for the state;
(II) The opportunity for improvement is great, yet the state lacks:
(A) A sufficient funding source to make these improvements; and
(B) A coherent circular economy policy, including waste diversion and aversion policies, at the local level; and
(III) It is in the state's interest to provide financial and technical assistance to communities to develop a circular economy and reach their waste diversion and aversion goals through technical assistance and a grant and funding opportunity program financed by user fees; and
(c) Declares that:
(I) Providing technical assistance, grants, and funding opportunities to support a circular economy, including waste diversion and aversion, constitutes a valuable service and benefit, and the Colorado circular communities enterprise provides useful business services to waste producers when, in exchange for payment of user fees, it provides technical assistance and awards grants or funding financed by the fees to entities that promote a circular economy, including waste diversion and aversion;
(II) It is necessary, appropriate, and in the best interest of the state to acknowledge that by providing the business services specified in subsections (1)(b)(III) and (1)(c)(I) of this section, the enterprise engages in an activity conducted in the pursuit of a benefit, gain, or livelihood and therefore operates as a business;
(III) Consistent with the determination of the Colorado supreme court in Nicholl v. E-470 Public Highway Authority, 896 P.2d 859 (Colo. 1995), that the power to impose taxes is inconsistent with enterprise status under section 20 of article X of the state constitution, it is the conclusion of the general assembly that the user fee collected by the enterprise is a fee, not a tax, because the fee is imposed for the specific purpose of allowing the enterprise to defray the costs of providing the business services specified in subsections (1)(b)(III) and (1)(c)(I) of this section to waste producers that ultimately pay the fee and is collected at rates that are reasonably calculated based on the benefits received by those waste producers;
(IV) So long as the enterprise qualifies as an enterprise for purposes of section 20 of article X of the state constitution, the revenue from the user fees collected by the enterprise is not state fiscal year spending, as defined in section 24-77-102 (17), or state revenues, as defined in section 24-77-103.6 (6)(c), and does not count against either the state fiscal year spending limit imposed by section 20 of article X of the state constitution or the excess state revenues cap, as defined in section 24-77-103.6 (6)(b)(I)(G); and
(V) This section is necessary to provide incentives to local governments, for-profit waste management and waste diversion companies, state institutions of higher education, nonprofit organizations, or other entities that the board identifies as pursuing a circular economy for the state, including waste diversion and aversion.
(2) Definitions. As used in this section, unless the context otherwise requires:
(a) Board means the board of directors of the enterprise.
(b) Circular economy development center means the circular economy development center created in section 25-17-602 (1).
(c) (I) Eligible entity means the following entities located or providing services in Colorado:
(A) Cities, counties, and cities and counties;
(B) Nonprofit and for-profit businesses promoting a circular economy, including waste diversion or aversion;
(C) State institutions of higher education and public or private schools; and
(D) Any other entity identified by the board as supporting or pursuing a circular economy for Colorado, including waste diversion and aversion.
(II) Eligible entity includes an entity listed in subsection (2)(c)(I) of this section that is locating to Colorado after recruitment by the circular economy development center pursuant to section 25-17-602 (1)(d) and in accordance with subsection (2)(c)(III) of this section.
(III) To qualify as an eligible entity by locating to Colorado after recruitment pursuant to subsection (2)(c)(II) of this section, an entity that is locating to Colorado must demonstrate that it has:
(A) Been in business in another jurisdiction for a minimum of three years;
(B) Identified a Colorado location to relocate or expand its business to;
(C) Registered with the Colorado secretary of state; and
(D) Been recommended by the circular economy development center.
(d) Enterprise means the Colorado circular communities enterprise created in subsection (3) of this section.
(e) Fee or fees means money collected by means of the user fees authorized by section 25-16-104.5 (3.9).
(f) Fund means the Colorado circular communities cash fund created in subsection (4) of this section.
(g) (I) Grant and funding program means the Colorado circular communities grant and funding program created in subsection (6) of this section.
(II) Grant and funding program includes:
(A) Grants;
(B) Purchases;
(C) Loans;
(D) Rebates;
(E) Noncompetitive formula funding; and
(F) Funding that may result from a request to the board from one or more public or private partners across multiple jurisdictions.
(h) Producer responsibility program means the producer responsibility program for statewide recycling established pursuant to part 7 of article 17 of this title 25.
(i) Share table means a station where a student may return whole food or beverage items that the student chooses not to consume. Returned food and beverage items are then available for redistribution to other students as necessary to prevent food waste and in compliance with federal, state, and local health and food safety requirements.
(3) Enterprise. (a) There is created in the department the Colorado circular communities enterprise. The enterprise is and operates as a government-owned business within the department for the purpose of collecting the fee charged to waste producers and using the fee to provide grants, funding, and technical assistance and to pay for studies to promote a circular economy, including waste diversion and aversion. The enterprise is a type 1 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department.
(b) The enterprise constitutes an enterprise for purposes of section 20 of article X of the state constitution so long as it retains the authority to issue revenue bonds and receives less than ten percent of its total revenues in grants from all Colorado state and local governments combined. So long as it constitutes an enterprise pursuant to this subsection (3)(b), the enterprise is not subject to section 20 of article X of the state constitution.
(c) The enterprise's primary powers and duties are to:
(I) Collect the fee;
(II) Promote a circular economy, including waste diversion and aversion, by providing technical assistance and issuing grants and funding, as specified in subsection (6) of this section;
(III) Issue revenue bonds payable from the revenues of the enterprise to promote a circular economy, including waste diversion and aversion, as specified in this section;
(IV) Publish each year, on the department's website and as otherwise deemed appropriate by the board, the strategies that the board has prioritized for funding through the grant and funding program;
(V) Adopt, amend, or repeal policies for the regulation of the enterprise's affairs and the conduct of its business consistent with this section, including establishing application, review, approval, reporting, and other requirements for grants and funding;
(VI) Engage the services of contractors, consultants, and legal counsel, including the department and the attorney general's office, for professional and technical assistance and advice and to supply other services related to the conduct of the affairs of the enterprise, without regard to the Procurement Code, articles 101 to 112 of title 24. The board shall encourage diversity in applicants for contracts and shall generally avoid using single-source bids. The department shall provide office space and administrative staff to the enterprise pursuant to a contract entered into pursuant to this subsection (3)(c)(VI).
(VII) In coordination with the department, pay the direct and indirect costs associated with the department's oversight and the administrator's operation of the circular economy development center;
(VIII) Repealed.
(IX) Ensure continuity of enterprise operations. To ensure continuity, any grant agreement or contract entered into by the front range waste diversion enterprise board pursuant to this section as it existed before House Bill 24-1449 was enacted in 2024 is transferred or assigned to the Colorado circular communities enterprise board. The chair of the front range waste diversion board or the chair's designee is authorized to assign any contract or agreement of the front range waste diversion enterprise board on behalf of the dissolved front range waste diversion enterprise board to the circular communities enterprise board until January 31, 2025. The department is authorized to administer the services on behalf of the enterprise in the interim to the extent necessary to maintain operations. The enterprise shall compensate the department at fair market value for any interim services that the department provides.
(d) (I) The enterprise is governed by a board of directors. The executive director of the department shall appoint the following thirteen members of the board:
(A) One member representing the department; and
(B) Twelve members who, to the extent practicable, represent a balance of for-profit and nonprofit businesses and local governments and meet the eligibility requirements set forth in subsections (3)(d)(II) and (3)(d)(III) of this section.
(II) Members appointed pursuant to subsection (3)(d)(I)(B) of this section must have expertise in one or more of the following areas:
(A) The circular economy;
(B) Producer responsibility;
(C) Environmental health and safety;
(D) Circular economy or renewable energy business development or investment;
(E) Economic development;
(F) Public finance; or
(G) Expertise in statewide or community-wide waste diversion or aversion planning and implementation.
(III) When appointing members of the board, the executive director of the department shall ensure that, to the extent practicable:
(A) At least three members represent a local government, and at least one of the three members lives in or represents a community outside of the front range, as defined in section 25-16-104.5 (3.9)(c.5);
(B) At least three members represent waste haulers or landfill operators;
(C) At least three members live in or represent communities outside of the front range, as defined in section 25-16-104.5 (3.9)(c.5); and
(D) At least one member represents an organization that works to reduce burdens experienced by disproportionately impacted communities.
(e) The member appointed pursuant to subsection (3)(d)(I)(A) of this section shall call the first meeting of the board. The board shall elect a chair from among its members to serve for a term not to exceed two years, as determined by the board. The board shall meet at least quarterly, and the chair may call additional meetings as necessary for the board to complete its duties. Each member of the board is entitled to receive from money in the fund a per diem allowance of fifty dollars for each day spent attending an official board meeting.
(f) The term of office of board members is three years; except that the initial term of five members appointed pursuant to subsection (3)(d)(I)(B) of this section is two years. Members may serve for multiple consecutive or nonconsecutive terms.
(4) Fund. (a) There is created in the state treasury the Colorado circular communities cash fund. The fund consists of money credited to the fund pursuant to sections 25-16-104.5 (3.9) and 18-4-511 (4)(b) and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. The enterprise is exempt from section 24-77-108.
(b) Money in the fund is continuously appropriated to the enterprise to:
(I) Cover the direct and indirect costs for administering the enterprise and its services;
(II) Award grants and funding in accordance with this section;
(III) Provide technical assistance, including through the development and implementation of public policy, to eligible entities to promote a circular economy, including waste diversion and aversion;
(IV) Pay the direct and indirect costs associated with the department's oversight and the administrator's operation of the circular economy development center; and
(V) Repealed.
(c) The board may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section.
(d) Repealed.
(5) Circular economy promotion. (a) The enterprise shall promote a circular economy in the state, including waste diversion and aversion. In promoting a circular economy, the enterprise shall consider:
(I) Promoting reuse of natural resources and reduction of greenhouse gas emissions;
(II) Incentivizing Colorado businesses to:
(A) Use materials that Coloradans recycle and compost;
(B) Produce new products that meet known health and safety standards;
(C) Maximize the recovery and reuse of byproducts during the manufacturing process; and
(D) Minimize waste when manufacturing, selling, or distributing products;
(III) Incentivizing and supporting local, regional, and statewide infrastructure, systems, logistics, studies, and marketing to help create a sustainable circular economy;
(IV) Creating local jobs, developing Colorado's workforce, supporting regional businesses, and diversifying current and new end markets;
(V) Supporting circular economy and sustainable resource education;
(VI) Extending the useful life of local landfills;
(VII) Supporting statewide municipal waste diversion and aversion and waste reduction goals; and
(VIII) Reducing food waste by incentivizing public schools to develop and implement effective composting, excess food donation, or share table programs.
(b) To the extent practicable, in prioritizing and designing its services, the enterprise shall coordinate with:
(I) The circular economy development center;
(II) The producer responsibility program and nonprofit organization that the executive director of the department designates pursuant to section 25-17-705 (1)(b)(II) as the producer responsibility organization to implement and administer the producer responsibility program;
(III) The office of economic development created in section 24-48.5-101 (1); and
(IV) Any similar public and private initiatives identified by the board as supporting a circular economy.
(6) Grant and funding program. (a) (I) The enterprise shall administer the grant and funding program and, subject to available revenue, shall award grants and funding from the fund as provided in this subsection (6).
(II) Before distributing money, the board shall assess and determine an equitable distribution of money from the fund for rural counties. This assessment may occur within each grant or funding opportunity or within the overall distribution of money, as determined by the board.
(III) If the grant applications or funding requests are insufficient to achieve the desired distribution, the board may distribute money in a manner that deviates from the equitable distribution determined by the board, but the board shall then evaluate and identify strategies to work toward an equitable distribution of money from the fund for future grant and funding opportunities.
(b) (I) The purpose of the grant and funding program is to provide economic and technical assistance to eligible entities in their efforts to promote a circular economy, including waste diversion and aversion, as described in this section.
(II) The board shall establish criteria to evaluate and prioritize applications or requests for grants or awards of funding. As part of the services that the board may contract for the enterprise pursuant to subsection (3)(c)(VI) of this section, the department shall review applications and requests for funding utilizing criteria that the board establishes.
(III) (A) Subject to subsection (6)(b)(III)(B) of this section, in reviewing applications and requests for funding, the department may engage stakeholders to inform the design of, identify gaps in, or assist in the review process or to gain increased understanding of topics that may merit inclusion in the approved project activities and deliverables, such as industry standards, environmental health and safety standards, business requirements, economic or investment considerations, or similar topics that will support the successful implementation of an approved project.
(B) In engaging a stakeholder, the department shall determine that the stakeholder does not have a conflict of interest regarding the grant application or funding request being designed or reviewed or, if the stakeholder has a conflict of interest, that the conflict can be managed through business practices, including disclosures and recusals, to maximize fairness across all applicants and entities requesting funding. A board member may serve as a stakeholder for the purpose of this subsection (6)(b)(III) if the board member does not have a conflict of interest or the conflict of interest can be managed in the same manner as other stakeholders.
(IV) The department shall develop grant and funding recommendations for the board that include the recommended grant or funding recipient, the project and its contribution to a circular economy, the grant or funding award amount, the duration of the grant, and whether the grant benefits rural areas of the state. The board shall review the department's recommendations in awarding grants or funding.
(c) At a minimum, at the time of application or request for funding or, if appropriate as determined by the board, at the time of awarding a grant or funding, an award of a grant or of funding must include the following information:
(I) A narrative description of the project;
(II) A description of how the project promotes a circular economy, including waste diversion and aversion;
(III) The amount of in-kind contributions or matching funds, if any, that the applicant or outside sources will provide for the project budget; and
(IV) For nonprofit and for-profit grant project applications, whether there is local government support for the grant application.
(d) Grant and funding recipients may use the money received through the grant and funding program for staffing, supplies, equipment, marketing and communications, planning, policy research and development, community engagement, and programming and services required by the board.
(e) The board shall:
(I) Use its best efforts to award grants within ninety days after receipt of applications and to award other funding as soon as practicable;
(II) Not allocate more than fifty percent of the annual fee revenue in any single grant award;
(III) Include a scope of work or conditions of funding, including mileposts and deadlines for achievement of specified goals, in grant award and funding agreements; and
(IV) Determine the criteria for measuring progress. The board shall consider a grantee's or funding recipient's progress in awarding further grants to the grantee or funding to the funding recipient.
(f) (I) A grantee or funding recipient shall report to the board on the progress of the project financed by the grant or award of funding pursuant to terms specified by the board but no less than on an annual basis.
(II) The board may develop a policy regarding a grantee's noncompliance with the grant or funding agreement entered into by the grantee or funding recipient and the board, which policy may include a mechanism for the board to convert the grantee's grant or funding award to a loan with interest. Nothing in this subsection (6)(f) limits the board's authority to address noncompliance with action up to and including termination of the grant or funding agreement.
(7) Reporting. Notwithstanding section 24-1-136 (11)(a)(I), the board shall submit a report by July 1 of each year to the committees of reference of the general assembly with jurisdiction over environment matters regarding:
(a) The unobligated balance of the fund;
(b) An overview of the grants and funding awarded and of any technical assistance provided;
(c) The progress toward achievement of a circular economy, including waste diversion and aversion, and the primary factors facilitating and inhibiting that progress; and
(d) Any suggested legislation or policy changes.
(8) Repeal. (a) This section is repealed, effective September 1, 2032.
(b) The state treasurer shall transfer any money remaining in the fund on September 1, 2032, to the general fund.
Source: L. 2024: Entire article R&RE, (HB 24-1449), ch. 192, p. 1116, � 1, effective July 1. L. 2025: (2)(i) and (5)(a)(VIII) added and (5)(a)(VI) and (5)(a)(VII) amended, (HB 25-1059), ch. 77, p. 327, � 2, effective August 6.
Editor's note: Subsections (3)(c)(VIII)(B), (4)(b)(V)(B), and (4)(d)(II) provided for the repeal of subsections (3)(c)(VIII), (4)(b)(V), and (4)(d), respectively, effective July 1, 2025. (See L. 2024, p. 1116.)
25-16.5-110. Stakeholder feedback - report. (1) Stakeholders may provide the department with feedback about the effectiveness of the enterprise, including any factors that facilitate or inhibit progress, which factors may relate to the enterprise itself or to other areas such as the circular economy development center or producer responsibility program. At any time the department chooses, the department shall share the feedback with the board to inform the board's strategies and decisions.
(2) By January 1, 2030, the department, after engaging stakeholders, shall submit a report to the committees of reference of the general assembly with jurisdiction over environmental matters regarding the enterprise and any recommendations. The department's recommendations in the report may include:
(a) The statutory repeal date of the enterprise, if any;
(b) Enterprise fee amounts, including a proposed schedule for fee increases or a recommendation to move to a single, statewide fee; and
(c) Progress toward delivering statewide services.
Source: L. 2024: Entire article R&RE, (HB 24-1449), ch. 192, p. 1126, � 1, effective July 1.
ARTICLE 17
Waste Diversion and Recycling
PART 1
RECYCLING OF PRODUCTS
C.R.S. § 25-25-103
25-25-103. Definitions. As used in this article, unless the context otherwise requires:
(1) Authority means the Colorado health facilities authority created by this
article.
(2) Board means the board of directors of the authority.
(3) Bond, note, bond anticipation note, or other obligation means any
bond, note, debenture, interim certificate, or other evidence of financial indebtedness issued by the authority pursuant to this article, including refunding bonds.
(4) Bond resolution means the resolution authorizing the issuance of, or
providing terms and conditions related to, bonds issued under the provisions of this article and includes any trust agreement, trust indenture, indenture of mortgage, or deed of trust providing terms and conditions for such bonds.
(5) Costs, as applied to facilities financed in whole or in part under the
provisions of this article, means and includes the sum total of all reasonable or necessary costs incidental to:
(a) The acquisition, construction, reconstruction, repair, alteration,
equipment, enlargement, improvement, and extension of such facilities; and
(b) The acquisition of all lands, structures, real or personal property, rights,
rights-of-way, franchises, easements, and interest acquired, necessary, or used for, or useful for or in connection with, a facility; and
(c) All other undertakings that the authority deems reasonable or necessary
for the development of a facility, including, without limitation, the cost of or for:
(I) Studies and surveys;
(II) Land title and mortgage guaranty policies;
(III) Plans, specifications, and architectural and engineering services;
(IV) Legal, accounting, organization, marketing, or other special services;
(V) Financing, acquisition, demolition, construction, equipment, and site
development of new and rehabilitated buildings;
(VI) Rehabilitation, reconstruction, repair, or remodeling of existing
buildings; and
(VII) All other necessary and incidental expenses, including working capital
and an initial bond and interest reserve funds, together with interest on bonds issued to finance such facilities to the extent permitted under applicable federal tax law.
(6) (a) Health facility or facility, in the case of a participating health
institution, means any structure or building, whether such structure or building is located within the state or whether such structure or building is located outside the state if an out-of-state health institution that operates or manages such structure or building, or an affiliate of such institution, also operates or manages a health facility within this state, suitable for use as a hospital, clinic, nursing home, home for the aged or infirm, or other health-care facility; laboratory; pharmacy; laundry; nurses', doctors', or interns' residences; administration building; research facility; maintenance, storage, or utility facility; auditorium; dining hall; food service and preparation facility; mental or physical health-care facility; dental care facility; nursing school; medical or dental teaching facility; mental or physical health facilities related to any such structure or facility; or any other structure or facility required or useful for the operation of a health institution, including but not limited to offices, parking lots and garages, and other supporting service structures; and any equipment, furnishings, appurtenances, or other assets, tangible or intangible, including but not limited to assets related to the medical practice of a health-care professional, that are necessary or useful in the development, establishment, or operation of a participating health institution; and the acquisition, preparation, and development of all real and personal property necessary or convenient as a site or sites for any such structure or facility.
(b) Health facility or facility does not include the following:
(I) Food, fuel, supplies, or other items that are customarily considered as a
current operating expense or charges;
(II) Property used or to be used primarily for sectarian instruction or study or
as a place for devotional activities or religious worship; or
(III) Property used or to be used primarily in connection with any part of a
program of a school or department of divinity of any religious denomination.
(7) (a) Health institution means a limited liability company controlled
directly or indirectly by one or more nonprofit entities, a private nonprofit hospital, corporation, association, or institution, or a public hospital or institution authorized or permitted by law, whether directly or indirectly through one or more affiliates, to provide, operate, or manage one or more health facilities in this state or outside this state if such entity, or an affiliate of such entity, also operates or manages a health facility within this state.
(b) Health institution also includes a cooperative hospital service
organization, as described in section 501 (e) of the Internal Revenue Code of 1986, as amended, or a similar corporation, whether or not such corporation is exempt from federal income taxation pursuant to said section 501 (e).
(c) (I) Health institution also includes a network of health-care providers,
however organized; an integrated health-care delivery system; a joint venture or partnership between or among health-care providers; a health-care purchasing alliance; health insurers and third-party administrators that are participants in a system, network, joint venture, or partnership that provides health services; an organization whose primary purpose is to provide supporting services to one or more health institutions; or a health-care provider or such other health-care-related organization, or an affiliate of such organization, whose regional or national headquarters are located in this state.
(II) In order to be a health institution, a network, system, joint venture,
partnership, alliance, provider, or organization described in subparagraph (I) of this paragraph (c) shall be a nonprofit entity or controlled by one or more nonprofit entities.
(7.5) Participating health institution means a health institution that
undertakes the financing and construction or acquisition of health facilities or undertakes the refunding or refinancing of outstanding obligations in accordance with this article.
(8) Refinancing of outstanding obligations means liquidation, with the
proceeds of bonds or notes issued by the authority, of any indebtedness of a participating health institution incurred prior to, on, or after July 1, 1977, to finance or aid in financing a lawful purpose of such health institution not financed pursuant to this article which would constitute a facility had it been undertaken and financed by the authority, or consolidation of such indebtedness with indebtedness of the authority incurred for a facility related to the purpose for which the indebtedness of the health institution was initially incurred.
(9) Revenues means, with respect to facilities, the rents, fees, charges,
interest, principal repayments, and other income received or to be received by the authority from any source on account of such facilities.
Source: L. 77: Entire article added, p. 1305, � 1, effective July 1. L. 79: (5),
(6)(a), and (7)(a) amended, p. 1075, � 1, effective May 25. L. 95: (6)(a) and (7)(a) amended, p. 573, � 1, effective July 1. L. 97: (6)(a) and (7)(a) amended, p. 419, � 2, effective August 6. L. 2007: (5) to (7) amended and (7.5) added, p. 411, � 2, effective August 3.
C.R.S. § 25-7-109
25-7-109. Commission to adopt emission control regulations - rules. (1) (a) Except as provided in sections 25-7-130 and 25-7-131, as promptly as possible, the commission shall adopt, promulgate, and from time to time modify or repeal emission control regulations which require the use of effective practical air pollution controls:
(I) For each significant source or category of significant sources of air
pollutants;
(II) For each type of facility, process, or activity which produces or might
produce significant emissions of air pollutants.
(b) The requirements and prohibitions contained in such regulations shall be
set forth with as much specificity and clarity as is practical. Upon adoption of an emission control regulation under subparagraph (II) of paragraph (a) of this subsection (1) for the control of a specific facility, process, or activity, such regulation shall apply to the exclusion of other emission control regulations adopted pursuant to subparagraph (I) of paragraph (a) of this subsection (1); prior to such adoption, the general regulations adopted pursuant to subparagraph (I) of paragraph (a) of this subsection (1) shall be applicable to such facility, process, or activity. In the formulation of each emission control regulation, the commission shall take into consideration the following:
(I) The state policy regarding air pollution, as set forth in section 25-7-102;
(II) Federal recommendations and requirements;
(III) The degree to which altitude, topography, climate, or meteorology in
certain portions of the state require that emission control regulations be more or less stringent than in other portions of the state;
(IV) The degree to which any particular type of emission is subject to
treatment and the availability, technical feasibility, and economic reasonableness of control techniques;
(V) The extent to which the emission to be controlled is significant;
(VI) The continuous, intermittent, or seasonal nature of the emission to be
controlled;
(VII) The economic, environmental, and energy costs of compliance with such
emission control regulation;
(VIII) Whether an emission control regulation should be applied throughout
the entire state or only within specified areas or zones of the state, and whether it should be applied only when a specified class or type of pollution is concerned.
(2) Such emission control regulations may include, but shall not be limited
to, regulations pertaining to:
(a) Visible pollutants;
(b) Particulates;
(c) Sulfur oxides, sulfuric acids, organic sulfides, hydrogen sulfide, nitrogen
oxides, carbon oxides, hydrocarbons, fluorides, and any other chemical substance;
(d) Odors, except for livestock feeding operations that are not housed
commercial swine feeding operations as defined in section 25-8-501.1 (2)(b);
(e) Open burning activity;
(f) Organic solvents;
(g) Photochemical substances;
(h) Hazardous air pollutants and toxic air contaminants, as defined in section
25-7-109.5 (1)(i).
(3) Emission control regulations adopted pursuant to this section shall
include, but shall not be limited to, regulations pertaining to the following facilities, processes, and activities:
(a) Incinerator and incinerator design;
(b) Storage and transfer of petroleum products and any other volatile
organic compounds;
(c) Activities which frequently result in particulate matter becoming
airborne, such as construction and demolition operations;
(d) Specifications, prohibitions, and requirements pertaining to fuels and fuel
additives, such as tetraethyl lead;
(e) Wigwam waste burners, pulp mills, alfalfa dehydrators, asphalt plants,
and any other industrial or commercial activity which tends to emit air pollutants as a by-product;
(f) Industrial process equipment;
(g) Industrial spraying operations;
(h) Airplanes;
(i) Diesel-powered machines, vehicles, engines, and equipment;
(j) Storage and transfer of volatile compounds and hazardous or toxic gases
or other hazardous substances which may become airborne.
(4) The commission shall promulgate appropriate regulations pertaining to
hazardous air pollutants.
(5) The commission shall promulgate appropriate regulations setting
conditions and time limitations for periods of start-up, shutdown, or malfunction or other conditions which justify temporary relief from controls. Operations of any air pollution source during periods of start-up, shutdown, and malfunction shall not constitute representative conditions for the purpose of a performance or compliance test.
(6) The commission shall establish test methods and procedures for
determining compliance with emission control regulations promulgated under this section and, in so doing, shall, to the maximum degree consistent with the purposes of this article, consider the test methods and procedures established by the United States environmental protection agency and shall adopt such test methods and procedures as shall minimize the possibility of inconsistency or duplication of effort.
(7) All regulations promulgated pursuant to this section shall conform with
the provisions of part 5 of this article concerning asbestos control.
(8) (a) Notwithstanding any other provision of this section, the commission
shall not regulate emissions from agricultural, horticultural, or floricultural production such as farming, seasonal crop drying, animal feeding operations that are not housed commercial swine feeding operations as defined in section 25-8-501.1 (2)(b), and pesticide application; except that the commission shall regulate such emissions if they are major stationary sources, as that term is defined in 42 U.S.C. sec. 7602 (j), or are required by Part C (prevention of significant deterioration), Part D (nonattainment), or Title V (minimum elements of a permit program), or are participating in the early reduction program of section 112 of the federal act, or is not required by section 111 of the federal act, or is not required for sources to be excluded as a major source under this article.
(b) Nothing in paragraph (a) of this subsection (8), as amended by House Bill
05-1180, as enacted at the first regular session of the sixty-fifth general assembly, shall be construed as changing the property tax classification of property owned by a horticultural or floricultural operation.
(9) (a) The commission shall adopt a procedure consistent with the federal
environmental protection agency requirements for determining when there has been a net significant emissions increase which results in a major modification that subjects a source to the permitting requirements of the prevention of significant deterioration program or the nonattainment area new source review. The commission's procedure shall also prohibit sources from circumventing the new source review requirements in a manner consistent with the federal environmental protection agency guidance. Such procedure shall be the same for both the prevention of significant deterioration program and the nonattainment area new source review program and shall not apply to hazardous air pollutants. Such net emissions increase procedure shall be as described in paragraph (b) of this subsection (9), unless and until the federal environmental protection agency requires otherwise or unless after January 1, 1998, the commission:
(I) Undertakes a collaborative process with the affected industries to
determine the cost and emission impacts associated with any proposed changes in this procedure;
(II) Reviews at least three years of emissions increases and decreases under
the procedures described in paragraph (b) of this subsection (9);
(III) Delivers reports on the matters required in subparagraphs (I) and (II) of
this paragraph (a) to the general assembly for its review;
(IV) Determines through rule-making that an applicability procedure for
major modifications more stringent than that described in paragraph (b) of this subsection (9) is equitable when considering minor, area, and mobile source controls; and
(V) Determines through rule-making that such more stringent applicability
procedure is necessary to attain and to maintain the national ambient air quality standards.
(b) The procedure for determining when there has been a net significant
emissions increase shall be consistent with requirements of the federal environmental protection agency and:
(I) Such requirements shall apply only if there is, in the first instance, a
significant emissions increase from an individual proposed project or modification. If the individual proposed project or modification will not result in a significant emissions increase, it shall be exempt from the prevention of significant deterioration program and the nonattainment area new source review requirements.
(II) If a project or modification is not exempt under subparagraph (I) of this
paragraph (b), each pollutant for which the project results in a significant emissions increase shall be subject to the prevention of significant deterioration program or the nonattainment area new source review requirements only if the sum of all source-wide, non-de minimis, contemporaneous, and creditable emissions increases and decreases of that pollutant or that regulated precursor exceed applicable significance levels. Each specific regulated precursor shall be considered independently in determining applicable significance levels.
(III) In determining the non-de minimis net emissions increase during the
contemporaneous period, the commission's procedures shall be consistent with the federal environmental protection agency's review procedure for determining net emissions increases and decreases. Non-de minimis increases shall exclude all increases which would be exempt under commission rules from a requirement to obtain a construction permit under section 25-7-114.2.
(10) (a) The commission shall adopt rules to minimize emissions of methane
and other hydrocarbons, volatile organic compounds, and oxides of nitrogen from oil and natural gas exploration and production facilities and natural gas facilities in the processing, gathering and boosting, storage, and transmission segments of the natural gas supply chain.
(b) (I) The commission shall review its rules for oil and natural gas well
production facilities and compressor stations and specifically consider adopting more stringent provisions, including:
(A) A requirement that leak detection and repair inspections occur at all well
production facilities on, at a minimum, a semiannual basis or that an alternative approved instrument monitoring method is in place pursuant to existing rules;
(B) A requirement that owners and operators of oil and gas transmission
pipelines and compressor stations must inspect and maintain all equipment and pipelines on a regular basis;
(C) A requirement that oil and natural gas operators must install and operate
continuous methane emissions monitors at facilities with large emissions potential, at multi-well facilities, and at facilities in close proximity to occupied dwellings; and
(D) A requirement to reduce emissions from pneumatic devices. The
commission shall consider requiring oil and gas operators, under appropriate circumstances, to use pneumatic devices that do not vent natural gas.
(II) The commission may, by rule, phase in the requirement to comply with
this subsection (10)(b) on the bases of production capability, type and age of oil and gas facility, and commercial availability of continuous monitoring equipment. If the commission phases in the requirement to comply with this subsection (10)(b), it shall increase the required frequency of inspections at facilities that are subject to the phase-in until the facilities achieve continuous emission monitoring.
(c) Notwithstanding the grant of authority to the energy and carbon
management commission in article 60 of title 34, including specifically section 34-60-105 (1), the commission may regulate air pollution from oil and gas facilities listed in subsection (10)(a) of this section, including during preproduction activities, drilling, and completion.
(d) On or before August 31, 2026, the division shall propose rules designed to
reduce emissions of oxides of nitrogen (NOx) generated by upstream oil and gas operations, as defined by the commission by rule, including preproduction operations, between May 1 and September 30 in the eight-hour ozone control area and northern Weld county, as those terms are defined by the commission by rule, by fifty percent by 2030 relative to 2017 NOx emission levels. NOx emission levels are characterized by the most recent state inventory of NOx emissions for 2017 that the commission adopted for the purpose of inclusion in the state implementation plan for the 2015 eight-hour ozone national ambient air quality standard or as published concurrently with proposed rules consistent with this subsection (10)(d) in a notice of proposed rule-making published in accordance with section 25-7-110 (1).
Source: L. 79: Entire article R&RE, p. 1025, � 1, effective June 20. L. 87: (7)
added, p. 1151, � 3, effective July 1. L. 92: (2)(h) amended and (8) added, p. 1177, � 12, effective July 1. L. 94: (9) added, p. 1418, � 1, effective May 25. Initiated 98: (2)(d) and (8) amended, effective upon proclamation of the Governor, December 30, 1998. L. 2005: (8) amended, p. 348, � 4, effective August 8. L. 2019: (10) added, (SB 19-181), ch. 120, p. 502, � 3, effective April 16. L. 2022: (2)(c) and (2)(h) amended, (HB 22-1244), ch. 332, p. 2332, � 3, effective June 2. L. 2023: (10)(c) amended, (SB 23-285), ch. 235, p. 1254, � 27, effective July 1. L. 2024: (10)(d) added, (SB 24-229), ch. 183, p. 986, � 2, effective May 16.
Editor's note: Subsections (2)(d) and (8) were amended by an initiated
measure that was adopted by the people at the general election held November 3, 1998. The measure amending subsections (2)(d) and (8) was effective upon proclamation of the Governor, December 30, 1998. The vote count on the measure at the general election held November 3, 1998, was as follows:
FOR: 790,852
AGAINST: 438,873
Cross references: For the legislative declaration in HB 22-1244, see section 1
of chapter 332, Session Laws of Colorado 2022. For the legislative declaration in SB 24-229, see section 1 of chapter 183, Session Laws of Colorado 2024.
C.R.S. § 25-7-142
25-7-142. Energy benchmarking - data collection and access - utility requirements - task force - rules - reports - exemptions - definitions - legislative declaration. (1) Legislative declaration. The general assembly finds, determines, and declares that the regulation of building performance is a matter of statewide concern because:
(a) As of 2020, buildings represented a significant source of greenhouse gas
pollution in the state of Colorado;
(b) Energy consumption and greenhouse gas emissions associated with a
building produce impacts far beyond its walls and the boundaries of the local government within which the building is located, including costs to utility ratepayers for increased energy production, community health costs associated with air pollution, and broader societal costs of anthropogenic climate change;
(c) Many building owners have made proactive efforts to reduce the energy
use and greenhouse gas emissions of their buildings, yet more remains to be done to help the state meet its greenhouse gas reduction goals;
(d) Building tenants that pay energy bills often lack the ability to implement
building upgrades that could improve performance, reduce emissions, and reduce those costs;
(e) The commission has both the statutory authority and obligation to require
a reduction of greenhouse gas emissions in the state in every sector including buildings;
(f) (I) Benchmarking and building performance standards will support job
growth in Colorado. According to the United States Climate Alliance, before January 1, 2020, the fastest growing clean energy industries in Colorado included:
(A) Traditional heating, ventilation, and air conditioning, totaling ten
thousand four hundred thirty-eight jobs; and
(B) Energy Star and efficient lighting, totaling eleven thousand one hundred
fifty-six jobs.
(II) Additionally, analysis conducted by Advanced Energy Economy identified
more than sixty thousand advanced energy jobs in Colorado, with more than fifty percent of those jobs in energy efficiency.
(g) The state of Colorado provides many low- and no-cost options for
Colorado property owners to finance building performance improvements, including:
(I) Property-assessed clean energy financing that the Colorado new energy
improvement district created in section 32-20-104 provides, whereby qualifying energy efficiency and renewable energy improvements are paid back via an assessment on annual property taxes; and
(II) Performance contracting, whereby improvements are paid for by
contractually guaranteed savings from efficiency upgrades;
(h) Many public utilities in the state also provide technical assistance and
financial incentives to help property owners implement building performance improvements; and
(i) It is in the interest of the state to:
(I) Establish a program to help Colorado citizens understand and track
energy use and greenhouse gas emissions from large buildings; and
(II) Develop performance standards necessary to meet state greenhouse-gas-emission-reduction goals.
(1.5) The general assembly further finds and declares that:
(a) Energy consumption by Colorado's built environment, including large
commercial and residential properties, is a significant contributor to statewide greenhouse gas pollution;
(b) Reducing the greenhouse gas emissions arising from energy
consumption by the built environment is necessary to achieve the 2050 net-zero greenhouse gas emission reduction goal set forth in section 25-7-102 (2)(g);
(c) The commission satisfied the objectives set forth in subsections (8)(a)(II)
and (8)(c)(II) of this section by adopting benchmarking and performance standard rules in August 2023; and
(d) In implementing the requirements of this section and the commission's
rules adopted pursuant to this section, the division should, consistent with section 25-7-122 (2), consider an owner's effort to comply with building performance standards when implementing enforcement and assessing penalties pursuant to section 25-7-122 and this section.
(2) Definitions. As used in this section, unless the context otherwise
requires:
(a) Aggregated data means electric or gas meter data from which any
unique identifier or other personal information has been removed and that a qualifying utility collects and aggregates in at least monthly intervals for an entire covered building.
(b) Aggregation threshold means, for each qualifying utility, the minimum
number of customer accounts associated with a covered building for which the qualifying utility may provide the owner of the covered building with aggregated data upon request without requiring each customer's consent to have the customer's energy-use data accessed or shared.
(b.5) (I) Agricultural building means a building or structure used to house
agricultural implements, hay, unprocessed grain, poultry, livestock, or other agricultural products or inputs primarily for the purpose of maintaining or operating an agricultural process.
(II) Agricultural implements include agricultural equipment as described in
section 39-3-122.
(III) Agricultural implements do not include implements that are primarily for
rent or sale.
(c) Benchmark means to input benchmarking data into a benchmarking
tool to measure and assess the energy performance and greenhouse gas pollution for a covered building for the reporting year.
(d) Except as the commission may modify by rule pursuant to subsection (7)
of this section, benchmarking data means the information related to a covered building that is input into or calculated by a benchmarking tool and includes, at a minimum:
(I) A physical description of the covered building and descriptions of its
operational characteristics, including:
(A) The name of the covered building, if any;
(B) The address of the covered building;
(C) The primary uses of the covered building;
(D) The covered building's gross floor area; and
(E) The years in which the covered building has been certified by Energy Star
and the most recent date of certification, if applicable; and
(II) Data generated by the benchmarking tool, including:
(A) The Energy Star score, if available;
(B) Monthly energy use by fuel type;
(C) Site and source energy-use intensity;
(D) Weather-normalized site and source energy-use intensity;
(E) Confirmation that data quality has been checked;
(F) Annual maximum electricity demand, in kilowatts;
(G) If available for reporting through the benchmarking tool, monthly peak
electricity demand; and
(H) Greenhouse gas emissions, including total, indirect, and direct emissions.
(e) Except as the commission may modify by rule pursuant to subsection (7)
of this section, benchmarking tool means the Energy Star Portfolio Manager® or a successor online resource used to track and assess the performance of certain properties relative to similar properties.
(f) Biomedical research laboratory means a scientific laboratory used to
conduct research relating to both biology and medicine.
(g) (I) Campus means a collection of two or more buildings that are owned
and operated by the same person and that have a shared purpose and function as a single property.
(II) Campus includes two or more of the buildings that comprise the capitol
complex.
(h) Colorado energy office or office means the Colorado energy office
created in section 24-38.5-101.
(i) Correctional facility means:
(I) A correctional facility, as defined in section 17-1-102 (1.7);
(II) A private contract prison, as defined in section 17-1-102 (7.3);
(III) A local jail, as defined in section 17-1-102 (7);
(IV) A municipal jail, as authorized in section 31-15-401 (1)(j); and
(V) A juvenile detention facility governed by part 15 of article 2.5 of title 19.
(j) (I) Except as the commission may modify by rule pursuant to subsection
(7) of this section, covered building means a building comprising a gross floor area of fifty thousand square feet or more that is occupied by a single occupant or group of tenants.
(II) Covered building does not include:
(A) A storage facility, stand-alone parking garage, or airplane hangar that
lacks heating and cooling;
(B) A building in which more than half of the gross floor area is used for
manufacturing or industrial purposes;
(C) A single-family home, duplex, or triplex; or
(D) An agricultural building.
(k) Energy Star means the federal program authorized by 42 U.S.C. sec.
6294a, as amended, to help customers, businesses, and industry save money and protect the environment through the adoption of energy-efficient products and practices.
(l) Energy Star score means the one-to-one-hundred numeric rating
generated by the Energy Star Portfolio Manager® as a measurement of a building's energy efficiency.
(m) Energy-use intensity means a building's energy use, expressed as total
site energy use per square foot per year.
(n) Financial hardship means that a property is experiencing at least one of
the following conditions:
(I) The property has been included on a city's, county's, or city and county's
annual tax lien sale list within the previous two years;
(II) The property is an asset subject to a court-appointed receiver that
controls the asset due to financial stress;
(III) The property is owned by a financial institution as a result of a default by
a borrower;
(IV) The property has been acquired by a deed in lieu of foreclosure;
(V) The property is the subject of a senior mortgage subject to a notice of
default; or
(VI) Due to the governor declaring a disaster emergency pursuant to section
24-33.5-704 (4), the property, in at least two of the previous five years, generated annual rental income or revenue that totals sixty percent or less of the five-year average immediately preceding the disaster emergency declaration.
(o) Greenhouse gas has the meaning set forth in section 25-7-140 (6).
(p) Gross floor area means the total building area, as measured from the
outside surface of each exterior wall of the building, including above-grade and below-grade space.
(q) Local government means a statutory or home rule municipality, county,
or city and county.
(q.5) Operator means an owner, tenant, or other individual or entity:
(I) Occupying or named on the utility bill for a covered building; and
(II) That has access to utility data for the covered building.
(r) Owner means a person possessing title to a property or the person's
designated agent.
(s) Performance standards means standards that the commission
establishes by rule pursuant to subsection (8)(c) or (8.5)(a) of this section and with which owners of covered buildings are required to comply.
(t) Public building means a covered building owned by:
(I) The state;
(II) A local government;
(III) A district or special district regulated under title 32;
(IV) A state institution of higher education;
(V) A private institution of higher education as defined in section 23-18-102
(9);
(VI) A school district created pursuant to article 30 of title 22; and
(VII) A charter school authorized pursuant to part 1 of article 30.5 of title 22.
(u) Qualifying utility means:
(I) An electric or gas utility with five thousand or more active commercial and
industrial service connections, accounts, or customers in the state, including:
(A) An investor-owned electric or gas utility;
(B) A cooperative electric association; or
(C) A municipally owned electric or gas utility; or
(II) A natural gas supplier with five or more active commercial or industrial
connections, accounts, or customers in the state.
(v) State institution of higher education:
(I) Has the meaning set forth in section 23-1-108 (7)(g)(II);
(II) Includes the Auraria higher education center, governed pursuant to
article 70 of title 23; and
(III) Does not include a biomedical research laboratory.
(w) Tenant means a person that, pursuant to a rental or lease agreement,
occupies or holds possession of a building or part of a building or premises.
(x) Unique identifier means a customer's contact information displayed on
a utility bill such as the customer's name, mailing address, telephone number, or email address.
(y) Utility customer means the building owner or tenant listed on the
utility's records as the customer liable for payment of the utility service or additional charges assessed on the utility account.
(3) Benchmarking requirements on owners and operators. (a)
Notwithstanding the rules that the commission adopted before July 2025, beginning in 2026 for 2025 benchmarking data and for each subsequent year, the owner of a covered building shall submit a report of the benchmarking data for the previous calendar year to the office on or before November 1.
(b) Notwithstanding subsection (3)(a) of this section, beginning in 2025 for
2024 benchmarking data and for each subsequent year, if an owner of a covered building demonstrates to the office that it lacks access to benchmarking data, the operator of the covered building shall, on or before November 1 of each year, submit to the office a report of the benchmarking data for the covered building for the previous calendar year.
(c) Before providing a benchmarking report pursuant to subsection (3)(a) of
this section, an owner of a covered building or operator shall run any automated data checking function of the benchmarking tool and correct any errors discovered.
(d) The following owners and operators may comply with this subsection (3)
collectively at the campus-wide level:
(I) The owner or operator of multiple covered buildings that are part of a
master metered group of buildings without submetering;
(II) The owner or operator of a correctional facility; and
(III) The owner or operator of a public building that is a covered building.
(4) Utility data requirements. (a) On or before June 1, 2022, a qualifying
utility shall:
(I) Establish an aggregation threshold that is four or fewer utility customer
accounts;
(II) Publish its aggregation threshold on its public website; and
(III) Upon request of an owner of a covered building, begin providing energy-use data to the owner.
(b) Energy-use data that a qualifying utility provides an owner pursuant to
this subsection (4) must be:
(I) Available on, or able to be requested through, an easily navigable web
portal or online request form using up-to-date standards for digital authentication, including single one-time passwords or multi-factor authentication;
(II) Provided to the owner within:
(A) Ninety days after receiving the owner's valid written or electronic
request if the request is received in 2022;
(B) Thirty days after receiving the owner's valid written or electronic request
if the request is received in 2023 or later;
(III) Directly uploaded to the owner's benchmarking tool account, delivered in
the spreadsheet template specified by the benchmarking tool, or delivered in another format approved by the office;
(IV) Provided to the owner on at least an annual basis until the owner revokes
the request for energy-use data or sells the covered building;
(V) Provided in accordance with this subsection (4), regardless of whether
the owner is named on the utility account for the covered building; and
(VI) If the qualifying utility is an investor-owned utility, provided in
accordance with the public utilities commission's rules concerning customer data and personally identifying information.
(c) For covered buildings that do not meet the qualifying utility's
aggregation threshold, and thus require utility customer consent to access or share energy-use data, the consent:
(I) May be in written or electronic form;
(II) May be provided in a lease agreement provision;
(III) Is valid until the utility customer revokes it; and
(IV) Is not required if a utility customer vacates the covered building before
explicitly denying the owner consent to access and share the utility customer's energy-use data.
(d) To meet the requirements of this subsection (4), a qualifying utility that is
not an investor-owned utility may seek and use grant funding from the Colorado clean energy fund, a nonprofit corporation, or the energy fund created in section 24-38.5-102.4 (1)(a)(I).
(5) Benchmarking waivers and extensions of time. (a) An owner of a
covered building may seek a waiver from the benchmarking requirements set forth in subsection (3) of this section if the owner submits documentation to, and receives approval from, the office, which documentation establishes that the covered building has met one or more of the following conditions for the calendar year to be benchmarked:
(I) The covered building was unoccupied for at least thirty consecutive days
of the year;
(II) A demolition permit was issued for the entire covered building;
(III) The covered building met one or more of the conditions for financial
hardship;
(IV) The covered building does not meet a qualifying utility's aggregation
threshold, one or more of the utility customers refused to provide the owner with permission to access the utility customer's relevant energy-use data, the owner provides proof to the office that it requested permission from the utility customer or utility customers withholding consent at least thirty days before the benchmarking report was due, and the owner submits a plan to include an energy-use data sharing permission provision in the next lease renewal; or
(V) The covered building has four or more utility customers, is not located
within a qualifying utility's service territory, and the owner is unable to get aggregated data from the utility that serves the covered building.
(b) An owner of a covered building may request a time extension from the
office to submit a benchmarking report if the owner submits documentation to the office demonstrating that, despite the owner's good-faith effort, the owner was unable to complete the benchmarking report in a timely manner because of the failure or refusal of a qualifying utility or a utility customer to provide the necessary information or permission, as applicable.
(c) The office shall notify the division of all approved waivers and extensions
of time, the approval of which is solely within the office's discretion.
(d) Pursuant to subsection (7) of this section, the commission may, by rule,
modify the requirements for obtaining a waiver or extension of time pursuant to this subsection (5).
(6) Requirements upon sale or lease of a covered building. (a) At the time of
listing a covered building or a portion of a covered building for sale or lease, the owner of the covered building shall furnish an electronic copy of reported benchmarking data from the previous calendar year or from the most recent twelve-month period of continuous occupancy to the following:
(I) Prospective buyers or lessees;
(II) Any brokers, as defined in section 12-10-201 (6), who make inquiry about
the property; and
(III) Major commercial real estate listing services on which the property is
listed.
(b) Upon receipt of the benchmarking data, a commercial real estate listing
service that lists properties in the state shall include in the property's listing, at a minimum, the property's Energy Star score, if applicable, and the property's energy-use intensity.
(c) If a covered building changes ownership, the former owner shall make
available to the new owner the energy-use data; utility customer consent documentation, if any; and any other information about the property that is necessary to benchmark the covered building. The former owner shall transfer to the new owner both the record representing the covered building within the benchmarking tool and the request to a qualified utility for aggregated data. The new owner may request and receive from a qualifying utility the aggregated data necessary to fulfill benchmarking reporting requirements.
(7) Benchmarking rules. The commission may promulgate rules to
implement the benchmarking program set forth in this section. Additionally, the commission may, by rule, modify the following:
(a) The provisions regarding waivers and extensions of time set forth in
subsection (5) of this section;
(b) The definition of benchmarking data, but only if the modified definition
concerns data that:
(I) Is capable of being recorded by the benchmarking tool; and
(II) Includes the greenhouse gas emissions, the Energy Star score, if
applicable, and energy-use intensity;
(c) The benchmarking tool that owners are required to use to benchmark;
(d) Data verification requirements; and
(e) After June 1, 2029, the minimum gross floor area included in the definition
of covered building.
(8) Rules. (a) and (b) Repealed.
(c) (I) and (II) Repealed.
(III) The commission shall not adopt rules to rescind or modify the
exemptions for owners of public buildings from payment of the annual fee, as set forth in section 24-38.5-112 (1)(e)(II); from payment of the building decarbonization fee, as set forth in section 24-38.5-125 (5)(b); or from payment of civil penalties, as set forth in section 25-7-122 (1)(i).
(IV) The commission shall, as necessary, adopt rules to modify or continue
the performance standards until 2050 in order to achieve or exceed greenhouse gas emission reduction targets set forth in section 25-7-102 (2)(g).
(d) to (f) Repealed.
(8.5) 2040 performance standard targets - division to propose standards -
commission to adopt rules - task force - membership - repeal. (a) (I) To help achieve or exceed greenhouse gas emission reduction targets pursuant to subsection (8)(c)(IV) of this section, the commission shall adopt, by rule, 2040 performance standards in accordance with section 25-7-102 (2)(g).
(II) On or before June 1, 2029, the division, after consultation with the office,
shall consider recommendations from the task force created pursuant to subsection (8.5)(c) of this section and shall propose 2040 performance standards to the commission for consideration in the rules adopted pursuant to subsection (8.5)(a)(I) of this section.
(b) The division, in proposing 2040 performance standards, and the
commission, in adopting 2040 performance standards, shall consider whether targets that are included in the 2040 performance standards to reduce emissions from covered buildings are consistent with meeting the economy-wide emission reduction goals set forth in section 25-7-102 (2)(g), taking into consideration:
(I) The capital planning periods for covered buildings;
(II) The feasibility of an owner planning and implementing a building upgrade
project ahead of the compliance date for the 2040 performance standards that the commission sets by rule pursuant to subsection (8.5)(a)(I) of this section; and
(III) That all rules that the commission adopts must be technologically
feasible and economically reasonable pursuant to the requirements set forth in section 25-7-102 (1).
(c) (I) On or before July 1, 2027, the director of the office shall appoint and
convene a task force. The task force shall review the benchmarking data submitted for calendar years 2021 through 2026 and, on or before July 1, 2028, develop and provide recommendations to the division regarding the 2040 performance standards.
(II) As part of the recommendations developed pursuant to subsection
(8.5)(c)(I) of this section, the task force shall consider:
(A) The economy-wide emission reduction goals set forth in section 25-7-102
(2)(g);
(B) The capital planning periods for covered buildings and the feasibility of
an owner planning and implementing a building upgrade project ahead of the compliance date;
(C) Whether the building performance program should allow a covered
building owner to meet performance targets through the implementation of energy efficiency improvements or other eligible measures;
(D) Improvements that materially advance compliance with the performance
standards and avoid premature replacement of equipment that remains within its useful service life;
(E) The establishment of individualized compliance pathways, including the
ability of the office to enter into agreements with covered building owners to define alternative compliance metrics and schedules that are consistent with operational necessity and that avoid unnecessary financial burdens; and
(F) Elements from prior rules regarding building performance standards,
which rules may require revision. The task force shall make recommendations regarding any rule revisions that it believes are necessary.
(d) The task force consists of the following members, all of whom, except
the representatives of the office, the public utilities commission, and the division, are voting members:
(I) The director of the office or the director's designee;
(II) The director of the division or the director's designee;
(III) The director of the public utilities commission or the director's designee;
(IV) One member who is an owner of commercial covered buildings or who
represents owners of commercial covered buildings;
(V) One member who is an owner of a multifamily residential covered
building or who represents owners of multifamily residential covered buildings;
(VI) One member who represents an affordable housing organization;
(VII) One member who has direct experience in, or is a member of an
organization representing workers in, mechanical, HVAC, or electrical work at the commercial or multifamily building level;
(VIII) One member who represents architects;
(IX) One member who represents professional engineers and who has
experience working on systems for buildings;
(X) One member who has extensive experience as a building operating
engineer;
(XI) One member who represents an electric utility, a gas utility, or a
combined electric and gas utility;
(XII) One member who is from an environmental conservation or
environmental justice group with experience in energy efficiency or the built environment;
(XIII) One member who is from a local government that has enacted or
adopted a benchmarking or building energy performance ordinance or resolution;
(XIV) Three members who have relevant building performance expertise, as
determined by the director of the office;
(XV) One member representing hospitals or other health-care facilities; and
(XVI) One member who is a representative of a mixed-use commercial office.
(e) An individual applying to serve on the task force must submit a
recommendation from a member of the group that the individual seeks to represent on the task force or, if a trade organization exists that represents the group, a recommendation from the trade organization.
(f) In making appointments to the task force, the director of the office shall
strive to ensure varied geographic representation.
(g) The task force shall conduct a comprehensive economic analysis of its
recommendations for the 2040 performance standards prior to providing the recommendations to the division.
(8.6) Notwithstanding any rules that the commission adopts pursuant to this
section before July 1, 2025:
(a) (I) An owner of a covered building that meets its performance standards
using the standard percentage reduction building performance pathway, as established by rule of the commission, may use 2019 benchmarking data as an alternate baseline if the owner submits complete and accurate 2019 benchmarking data to the office no later than November 1, 2027;
(II) An owner of a covered building located within the jurisdiction of a local
government that has adopted and implemented a building performance standards program or other similar program intended to reduce greenhouse gas emissions from covered buildings is deemed in compliance with this section and rules adopted by the commission pursuant to this section by complying with the requirements of the local program if:
(A) The owner of the covered building maintains compliance with the local
program and certifies its affirmative compliance status by submitting an affidavit, which affidavit attests that the covered building meets the requirements of the local program, in annual benchmarking reports submitted to the office; and
(B) The office has determined that the greenhouse gas emission reductions
from covered buildings complying with the local program are reasonably similar to the greenhouse gas emission reductions that would have been achieved through compliance with performance standards established under this section;
(III) A local jurisdiction that has adopted and implemented a building
performance standards program may issue a certification or report to the office confirming which covered buildings are in compliance with the program; and
(IV) Decisions made by the office regarding equivalence pursuant to
subsection (8.6)(a)(II)(B) of this section are subject to judicial review pursuant to section 24-4-106.
(b) (I) Notwithstanding subsection (8.6)(a) of this section and any rules
adopted by the commission before July 1, 2025, an owner may either comply with the 2026 performance standards or track its progress toward compliance by submitting benchmarking reports in accordance with subsections (3) and (8.6)(b)(II) of this section.
(II) Beginning with the 2025 benchmarking reports submitted in 2026, and
each year thereafter, a covered building owner or operator shall, as part of its benchmarking reports submitted to the office:
(A) Respond to any standard progress-related questions included in the
benchmarking form to help assess whether the building is on a path toward future compliance;
(B) Indicate whether technical assistance or guidance from the office would
be helpful; and
(C) Provide any additional nonproprietary information requested by the office
that is relevant to understanding implementation trends or common barriers to compliance.
(III) The reports required under subsection (8.6)(b)(II) of this section must
include only answers to the questions that are minimally necessary to assess the covered building owner's progress toward the performance standard targets.
(IV) Any rules the commission adopted before July 1, 2025, that impose
additional compliance obligations upon a covered building owner that fails to timely meet a building performance standard do not apply until 2031 for the 2030 building performance standards.
(V) The office shall prioritize any grant money that is made available for
owners of covered buildings:
(A) That comply with or establish plans to go beyond the 2026 performance
standards; or
(B) That comply with the 2030 performance standard early or establish plans
to go beyond the 2030 performance standards.
(VI) Nothing in this subsection (8.6)(b) precludes or modifies the division's
authority to enforce against an owner of a covered building for noncompliance with 2030 performance standards or performance standards set for subsequent years.
(8.7) Notwithstanding the requirements of subsection (8)(a)(II) of this section
or rules adopted pursuant to that subsection, subsection (8.6) of this section is necessary for covered buildings to effectively implement the performance standards. The commission is not required to revise rules that were adopted pursuant to this section before July 1, 2025.
(8.8) (a) Energy use that a covered building owner demonstrates is
attributable to electric vehicle charging shall not be included in a covered building's total energy usage for purposes of compliance with building performance standards.
(b) A covered building owner may, after consultation with the office, request
documentation demonstrating that:
(I) The covered building is in current compliance with the commission's rules
adopted in accordance with this section; and
(II) The covered building is on a path toward meeting upcoming compliance
obligations, based on the performance standards, conditions, and building-specific plans that are in effect at the time of the covered building owner's request.
(c) Consistent with rules adopted by the commission, the office shall develop
guidance concerning individualized target and compliance guidelines for covered building owners that demonstrate a significant increase in energy use due to the expansion of a data center or telecommunications operation. A covered building owner's individualized energy efficiency target can reflect increased electricity consumption over time from a data center or telecommunications operation if all cost-effective energy efficiency and electrification measures have been performed. Consistent with rules adopted by the commission regarding timelines and adjustments for building performance standard targets, individualized targets and compliance timelines may be adjusted multiple times based on the evolving growth of energy consumption by the covered building.
(9) Saving clause. This section does not restrict:
(a) The ability of a qualifying utility to provide incentives or other energy
efficiency program services for covered buildings;
(b) The ability of an investor-owned utility to take credit, as deemed
appropriate by the public utilities commission, for energy or greenhouse gas emission savings achieved for covered buildings;
(c) The ability of a qualified utility to set an aggregation threshold that is
less than four; or
(d) A local government from adopting or implementing an ordinance or
resolution that imposes more stringent benchmarking or performance standard requirements.
(10) Agricultural buildings exempted from benchmarking requirements. (a)
An owner of an agricultural building may submit for an affirmative exemption from any requirement to report benchmarking data.
(b) An owner of an agricultural building may submit for an exemption to
remain valid until there is a change in ownership or a change that renders the building no longer an agricultural building.
(c) For the duration of any exemption, an owner of an agricultural building
shall certify, upon request, the exemption status of any building for which an exemption has been granted.
Source: L. 2021: Entire section added, (HB 21-1286), ch. 326, p. 2070, � 1,
effective September 7. L. 2022: (2)(i)(V) amended, (SB 22-212), ch. 421, p. 2980, � 61, effective August 10. L. 2023: IP(8)(c)(I) and IP(8)(c)(II) amended, (SB 23-016), ch. 165, p. 734, � 6, effective August 7. L. 2025: (1.5), (2)(q.5), (8.5), (8.6), (8.7), and (8.8) added and (2)(s), (3), (8)(c)(III), and (8)(f) amended, (HB 25-1269), ch. 216, p. 978, � 3, effective May 20; (2)(b.5), (2)(j)(II)(D) and (10) added and (2)(j)(II)(B) and (2)(j)(II)(C) amended, (SB 25-039), ch. 37, p. 182, � 1, effective August 6.
Editor's note: (1) Subsection (8)(f) was amended in HB 25-1269, effective
May 20, 2025. For the amendments in HB 25-1269 in effect from May 20, 2025, to July 1, 2025, see chapter 216, Session Laws of Colorado 2025. (L. 2025, p. 978.)
(2) Subsection (8)(f) provided for the repeal of subsections (8)(a), (8)(b),
(8)(c)(I), (8)(c)(II), (8)(d), (8)(e), and (8)(f), effective July 1, 2025. (See L. 2025, p. 978.)
(3) Section 10 of chapter 216 (HB 25-1269), Session Laws of Colorado 2025,
provides that the act changing this section applies to conduct occurring on or after May 20, 2025.
C.R.S. § 25-7-503
25-7-503. Powers and duties of commission - rules - delegation of authority to division. (1) The commission has the following powers and duties:
(a) To promulgate rules pursuant to section 24-4-103 regarding the
following, as are necessary to implement the provisions of this part 5:
(I) Performance standards and practices for asbestos abatement;
(II) (A) Determination of a maximum allowable asbestos level, which shall be
the highest level of airborne asbestos under normal conditions that allows for protection of the general public; except that, until the commission adopts by rule a level, the maximum allowable asbestos level for the protection of the general public shall be 0.01 fibers per cubic centimeter of air, measured during normal occupancy and calculated as an eight-hour time-weighted average, in accord with 29 CFR 1910.1000 (d)(1)(i).
(B) If airborne asbestos fiber levels exceed such a level, a second test of
samples may be collected during normal occupancy, analyzed by transmission electron microscopy (TEM) analysis, and calculated as an eight-hour time-weighted average in accord with 29 CFR 1910.1000 (d)(1)(i), before any order of abatement is issued.
(C) Notwithstanding the provisions of sub-subparagraph (A) of this
subparagraph (II), if the asbestos level in the outside ambient air which is adjacent to an asbestos project site or area of public access exceeds 0.01 fibers per cubic centimeter of air, the existing asbestos level in such air shall be the maximum allowable asbestos level.
(III) Exemptions in emergency situations from the requirements of section
25-7-505 regarding the certificate to perform asbestos abatement;
(IV) Requirements for air pollution permits. Permits shall be required for
asbestos abatement projects in any building, facility, or property, or any portion thereof, having public access; except that the requirements of this subsection (1)(a)(IV) shall not apply to asbestos abatement projects performed by an individual on a single-family residential dwelling that is the individual's primary residence.
(V) Fees for air pollution permits, site inspections, and any necessary
monitoring for compliance with this part 5;
(VI) Fees for certification as: A trained supervisor, worker, project designer,
inspector, management planner, and air monitoring specialist; and a general abatement contractor;
(VII) and (VIII) Repealed.
(IX) Assessment procedures that determine the need for response actions
for friable asbestos-containing materials. Such procedures shall include, but not be limited to, an initial inspection to determine if asbestos-containing materials are present, visual inspection, and air monitoring that shows an airborne concentration of asbestos during normal occupancy conditions in excess of the maximum allowable level established by the commission in state-owned or state-leased buildings. Nothing in this subsection (1)(a)(IX) shall be construed to require that such assessments be made in state-owned or state-leased buildings; however, such procedures shall be followed in the event any such assessment is made.
(X) Requirements for asbestos management plans to be submitted and
implemented by schools;
(XI) Fees to be collected from schools for review and evaluation of asbestos
management plans;
(b) To promulgate rules pursuant to section 24-4-103, C.R.S., regarding the
following, as are necessary to implement the provisions of this part 5, as required by the federal Clean Air Act, 42 U.S.C. sec. 7412 et seq., as amended:
(I) Determination of the minimum scope of asbestos abatement to which the
provisions of this part 5 shall apply, but not less than:
(A) With regard to asbestos abatement projects on a single-family
residential dwelling, fifty linear feet on pipes or thirty-two square feet on other materials or the equivalent of a fifty-five-gallon drum;
(B) With regard to asbestos abatement projects not subject to sub-subparagraph (A) of this subparagraph (I), two hundred sixty linear feet on pipes or
one hundred sixty square feet on other materials or the equivalent of a fifty-five-gallon drum;
(II) Requirements of notification, as consistent with the federal act, to
demolish, renovate, or perform asbestos abatement in any building, facility, or property, or any portion thereof, that contains asbestos, except within such minimum scope of asbestos abatement or when otherwise exempt;
(III) (A) Procedures for the inspection and monitoring of sites where
demolition, renovation, or the performance of asbestos abatement is taking place, including rules assuring that aggressive air monitoring shall be utilized only in the context of conducting final clearance of an abatement project as outlined in the federal Asbestos Hazardous Emergency Response Act of 1986, 42 U.S.C. sec. 2641 et seq., and pursuant to the regulations found at 40 CFR 763. Specifications as listed in measuring airborne asbestos following an abatement action, published by the environmental protection agency in 1985, shall be adopted by the commission as criteria for aggressive sampling.
(B) The division shall provide information to local governments to be used in
connection with the issuance of a building permit regarding the need for an inspection for the presence of asbestos-containing materials prior to renovation or demolition of any building, facility, or property that may contain asbestos.
(IV) (A) Fees for notifications to demolish, renovate, or perform asbestos
abatement and for any associated site inspections or necessary monitoring for compliance with this part 5.
(B) Fees pursuant to this subparagraph (IV) shall be paid on an annual basis
for large contiguous facility complexes and on an individual notification basis for small noncontiguous facilities.
(V) Requirements to prevent any real or potential conflict of interest
between the identification of asbestos-containing materials and the abatement of such materials, including requirements that project managers be used on projects of a certain size, that project managers be independent of the abatement contractor and work strictly on behalf of the building owner to the extent feasible, and that building owners may seek waivers from the project manager requirements.
(c) To approve the examination administered to applicants for certification
as a trained supervisor pursuant to section 25-7-506;
(d) To authorize the division to:
(I) Establish procedures regarding applications, examinations, and
certifications required under this part 5;
(II) Enforce compliance with the provisions of this part 5, the rules and
regulations promulgated thereunder, and any order issued pursuant thereto.
(e) To promulgate rules setting minimum standards for sampling the
asbestos in the air and standards for persons engaging in such sampling and to seek injunctive relief under section 25-7-511.5, including relief against any asbestos air sampler who acts beyond his or her level of competency. In promulgating rules setting such standards, the commission shall not use the term air sampling professional in such standards.
(f) (I) To adopt rules pursuant to section 24-4-103, C.R.S., setting out
required training for persons applying for certification, recertification, or renewal of certificates as required by regulations promulgated by the federal environmental protection agency or the occupational safety and health administration.
(II) Training required pursuant to this paragraph (f) shall not be unduly
duplicative or excessive.
(III) Refresher courses shall be required annually.
(2) Repealed.
Source: L. 87: Entire part R&RE, p. 1147, � 1, effective July 1. L. 88: (1)(a)(II)
and (1)(b)(III) amended, (1)(a)(IX) R&RE, and (2) added, p. 1017, �� 4, 3, effective June 11. L. 90: (1)(e) added, p. 1320, � 2, effective May 24. L. 92: (1)(b)(I) amended, p. 1231, � 35, effective July 1. L. 95: (1)(b) amended and (1)(f) added, p. 20, � 2, effective July 1. L. 2001: (1)(a)(IV), (1)(b)(I), and (1)(b)(III) amended, p. 772, � 5, effective June 1. L. 2006: IP(1)(a), (1)(a)(II)(A), (1)(a)(II)(B), IP(1)(b), (1)(b)(V), and (1)(e) amended, p. 123, � 6, effective March 27. L. 2020: (1)(a)(I) amended, (HB 20-1402), ch. 216, p. 1055, � 58, effective June 30. L. 2022: IP(1)(a), (1)(a)(I), (1)(a)(IV), (1)(a)(VI), (1)(a)(IX), (1)(b)(II), and (1)(b)(III)(B) amended and (1)(a)(VII), (1)(a)(VIII), and (2) repealed, (HB 22-1232), ch. 362, p. 2593, � 5, effective August 10.
Editor's note: This section is similar to former � 25-7-504 as it existed prior
to 1987.
C.R.S. § 25-7-509.5
25-7-509.5. Building permits. (1) Except as otherwise provided in subsection (2) of this section, a local government entity with authority to issue building permits shall require a property owner applying for either a permit to renovate property or a permit to demolish property to disclose, on the permit application form, whether the property owner knows if the property has been inspected for asbestos.
(2) (a) A local government entity with authority to issue building permits
need not update its application forms to include the disclosure required by subsection (1) of this section until the entity otherwise creates and disseminates updated application forms pursuant to its standard practice. The local government entity need not require a property owner applying for a permit to renovate or demolish property to make the disclosure required by subsection (1) of this section until it has updated its application forms.
(b) When updating the application form for a permit to renovate property or a
permit to demolish property, the local government entity shall include on the application form substantially the following information:
AN ASBESTOS INSPECTION WAS CONDUCTED ON THE BUILDING
MATERIALS THAT WILL BE DISTURBED BY THIS PROJECT ON OR ABOUT:
(DATE)
IT WAS DETERMINED THAT AN ASBESTOS INSPECTION IS NOT
REQUIRED UNDER STATE LAW.
IF YOU HAVE QUESTIONS REGARDING WHETHER AN ASBESTOS INSPECTION IS REQUIRED UNDER STATE LAW FOR YOUR PERMITTED PROJECT, PLEASE CONTACT THE INDOOR ENVIRONMENT PROGRAM WITHIN THE DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT FOR ADDITIONAL DETAILS BEFORE BEGINNING ANY DEMOLITION OR RENOVATION.
Source: L. 2013: Entire section added, (SB 13-152), ch. 85, p. 272, � 3,
effective March 29. L. 2022: (2)(b) amended, (HB 22-1232), ch. 362, p. 2595, � 9, effective August 10.
C.R.S. § 29-1-703
29-1-703. Definitions. As used in this part 7, unless the context otherwise requires:
(1) Agency of local government means any municipality, county, home rule
county, or home rule city or any agency, department, division, board, bureau, commission, institution, or other authority thereof which is a budgetary unit exercising construction contracting authority or discretion and which is located in a county of thirty thousand persons or more, or a city or town of thirty thousand persons or more, according to the state demographer.
(2) Construction contract or contract means any agreement to construct,
alter, improve, repair, or demolish any state-funded public project of any kind.
(3) Cost means the total cost of labor, materials, provisions, supplies,
equipment rentals, equipment purchases, insurance, supervision, engineering, and clerical and accounting services; the reasonable value of the use of equipment, including its replacement value, owned by the agency; and the reasonable estimates of other administrative or indirect costs not otherwise directly attributable to the state-funded public project which may be reasonably apportioned to such project in accordance with generally accepted cost-accounting principles and standards. To determine the reasonable value of the use of equipment owned by the agency, the agency may utilize rates established in the department of transportation's published equipment rate schedule in force at the time of the estimate or rates established in any other similar, generally accepted, published equipment rate schedule. To determine administrative and indirect costs, the agency may utilize a good faith percentage estimate of not less than fifteen percent of the total direct costs.
(4) Defined maintenance project means any project that involves a
significant reconstruction, alteration, or improvement of any existing road, highway, bridge, structure, facility, or other public improvement, including but not limited to repairing or seal coating of roads or highways or major internal or external reconstruction or alteration of existing structures. Defined maintenance project does not include routine maintenance activities such as snow removal, minor surface repair of roads or highways, cleaning of ditches, regrading of unsurfaced roads, repainting, replacement of floor coverings, or minor reconstruction or alteration of existing structures.
(5) State-funded public project means any construction, alteration, repair,
demolition, or improvement by any agency of local government of any land, structure, facility, road, highway, bridge, or other public improvement suitable for and intended for use in the promotion of the public health, welfare, or safety and any defined maintenance project, which are funded in whole or in part from the highway users tax fund and which may be reasonably expected to exceed one hundred fifty thousand dollars in the aggregate for any fiscal year.
Source: L. 89, 1st Ex. Sess.: Entire part added, p. 64, � 21, effective January 1,
- L. 91: (3) amended, p. 1069, � 41, effective July 1.
C.R.S. § 29-35-103
29-35-103. Definitions. As used in this article 35, unless the context otherwise requires:
(1) Accessible unit means a housing unit that:
(a) Satisfies the requirements of the federal Fair Housing Act, 42 U.S.C.
sec. 3601 et seq., as amended;
(b) Incorporates universal design; or
(c) Is a type A dwelling unit, as defined in section 9-5-101 (10); a type A
multistory dwelling unit, as defined in section 9-5-101 (11); a type B dwelling unit, as defined in section 9-5-101 (12); or a type B multistory dwelling unit, as defined in section 9-5-101 (13).
(2) (a) Administrative approval process means a process in which:
(I) A development proposal for a specified project is approved, approved with
conditions, or denied by local government administrative staff based solely on its compliance with objective standards set forth in local laws; and
(II) Does not require, and cannot be elevated to require, a public hearing, a
recommendation, or a decision by an elected or appointed public body or a hearing officer.
(b) Notwithstanding subsection (2)(a) of this section, an administrative
approval process may require an appointed historic preservation commission to make a decision, or to make a recommendation to local government administrative staff, regarding a development application involving a property that the local government has designated as a historic property, provided that:
(I) The state historic preservation office within history Colorado has
designated the local government as a certified local government; and
(II) The appointed historic preservation commission's decision or
recommendation is based on standards either set forth in local law or established by the secretary of the interior of the United States.
(3) Applicable transit plan means a plan of a transit agency whose service
territory is within a metropolitan planning organization, including a system optimization plan or a transit master plan that:
(a) Has been approved by the governing body of a transit agency on or after
January 1, 2019, and on or before January 1, 2024;
(b) Identifies the planned frequency and span of service for transit service or
specific transit routes; and
(c) Identifies specific transit routes for short-term implementation according
to that plan, or implementation before January 1, 2030.
(4) Bus rapid transit service means a transit service:
(a) That is identified as bus rapid transit by a transit agency, in a
metropolitan planning organization's fiscally constrained long range transportation plan or in an applicable transit plan; and
(b) That typically includes any number of the following:
(I) Service that is scheduled to run every fifteen minutes or less during the
highest frequency service hours;
(II) Dedicated lanes or busways;
(III) Traffic signal priority;
(IV) Off-board fare collection;
(V) Elevated platforms; or
(VI) Enhanced stations.
(5) Commuter bus rapid transit service means a bus rapid transit service
that operates for a majority of its route on a freeway with access that is limited to grade-separated interchanges.
(6) Commuter rail means a passenger rail transit service between and
within metropolitan and suburban areas.
(7) County means a county including a home rule county, but excluding a
city and county.
(8) Department means the department of local affairs.
(9) Displacement means:
(a) The involuntary relocation of residents, particularly low-income residents,
or locally-owned community-serving businesses and institutions due to:
(I) Increased real estate prices, rents, property rehabilitation, redevelopment,
demolition, or other economic factors;
(II) Physical conditions resulting from neglect and underinvestment that
render a residence uninhabitable; or
(III) Physical displacement wherein existing housing units and commercial
spaces are lost due to property rehabilitation, redevelopment, or demolition;
(b) Indirect displacement resulting from changes in neighborhood
population, if, when low-income households move out of housing units, those same housing units do not remain affordable to other low-income households in the neighborhood, or demographic changes that reflect the relocation of existing residents following widespread relocation of their community and community-serving entities.
(10) Light rail means a passenger rail transit service that uses electrically
powered rail-borne cars.
(11) Local government means a municipality, county, or tribal nation with
jurisdiction in Colorado.
(12) Local law means any code, law, ordinance, policy, regulation, or rule
enacted by a local government that governs the development and use of land, including but not limited to land use codes, zoning codes, and subdivision codes.
(13) Metropolitan planning organization means a metropolitan planning
organization under the Federal Transit Act of 1998, 49 U.S.C. sec. 5301 et seq., as amended.
(14) Municipality means a home rule or statutory city or town, territorial
charter city or town, or city and county.
(15) Objective standard means a standard that:
(a) Is a defined benchmark or criterion that allows for determinations of
compliance to be consistently decided regardless of the decision maker; and
(b) Does not require a subjective determination concerning a development
proposal, including but not limited to whether the application for the development proposal is:
(I) Consistent with master plans or other development plans;
(II) Compatible with the land use or development of the area surrounding the
area described in the application; or
(III) Consistent with public welfare, community character, or neighborhood
character.
(16) Regulated affordable housing means affordable housing that:
(a) Has received loans, grants, equity, bonds, or tax credits from any source
to support the creation, preservation, or rehabilitation of affordable housing that, as a condition of funding, encumbers the property with a restricted use covenant or similar recorded agreement to ensure affordability, or has been income-restricted under a local inclusionary zoning ordinance or other regulation or program;
(b) Restricts or limits maximum rental or sale price for households of a given
size at a given area median income, as established annually by the United States department of housing and urban development; and
(c) Ensures occupancy by low- to moderate-income households for a
specified period detailed in a restrictive use covenant or similar recorded agreement.
(17) Universal design means any dwelling unit designed and constructed to
be safe and accessible for any individual regardless of age or abilities.
(18) Urban bus rapid transit service means a bus rapid transit service that
operates on a surface street for the majority of its route.
(19) Visitable unit means a dwelling unit that a person with a disability can
enter, move around the primary entrance floor of, and use the bathroom in.
Source: L. 2024: Entire article added (see the editor's note following the part
1 heading), (HB 24-1313), ch. 168, p. 837, � 1, effective May 13.
PART 2
TRANSIT-ORIENTED COMMUNITIES
Editor's note: This part 2 was originally numbered as part 2 of article 37 of
this title 29 in HB 24-1313 but was renumbered on revision for ease of location.
C.R.S. § 29-35-403
29-35-403. Accessory dwelling unit requirements for a subject jurisdiction. (1) On or after June 30, 2025, a subject jurisdiction shall allow, subject to an administrative approval process, one accessory dwelling unit as an accessory use to a single-unit detached dwelling in any part of the subject jurisdiction where the jurisdiction allows single-unit detached dwellings.
(2) On or after June 30, 2025, a subject jurisdiction shall not:
(a) Require the construction of a new off-street parking space in connection
with the construction or conversion of an accessory dwelling unit, except as described in subsections (3)(a) and (3)(b) of this section;
(b) Require an accessory dwelling unit, or any other dwelling on the same lot
as an accessory dwelling unit, to be owner-occupied; except that a subject jurisdiction may require a property owner to demonstrate that the property owner resides on the parcel when an application is submitted:
(I) To construct or convert an accessory dwelling unit. This exception does
not apply for an accessory dwelling unit that is being constructed simultaneously with a new primary dwelling unit.
(II) For a license or permit for a short-term rental on the parcel through a
local law or program.
(c) Apply a restrictive design or dimension standard to an accessory dwelling
unit.
(3) Nothing in this section prevents a subject jurisdiction or other local
government from:
(a) Requiring the designation of an off-street parking space in connection
with an accessory dwelling unit, so long as there is an existing driveway, garage, tandem parking space, or other off-street parking space available for such a designation at the time of the construction or conversion of the accessory dwelling unit;
(b) Requiring, in connection with the construction or conversion of an
accessory dwelling unit, one new parking space on a parcel that:
(I) Does not have an existing off-street parking space, including a driveway,
garage, or tandem parking space, that could be used for an accessory dwelling unit;
(II) Is in a zoning district that, as of January 1, 2024, requires one or more
parking spaces for the primary dwelling unit; and
(III) Is located on a block where on-street parking is prohibited for any reason
including ensuring access for emergency services;
(c) Allowing the construction or conversion of an accessory dwelling unit
that is smaller than five hundred square feet or greater than eight hundred square feet, or restricting the size of an accessory dwelling unit so that it is no larger than the size of the principal dwelling unit on the same lot as the accessory dwelling unit;
(d) Allowing the construction or conversion of multiple accessory dwelling
units on the same lot;
(e) Applying a design or dimension standard to an accessory dwelling unit
that is not a restrictive design or dimension standard;
(f) Adopting or enforcing a generally applicable requirement for:
(I) The payment of an impact fee or other similar development charge,
pursuant to section 29-20-104.5; or
(II) The mitigation of impacts in conformance with the requirements of part 2
of article 20 of this title 29;
(g) Enacting or applying a local law concerning the short-term rental of an
accessory dwelling unit or any other dwelling on the same lot as an accessory dwelling unit;
(h) Applying the design standards and procedures of a historic district to a
lot on which an accessory dwelling unit is allowed in that historic district, including a standard or procedure related to demolition;
(i) Applying and enforcing a locally adopted life safety code, including but
not limited to, a building, fire, utility, or stormwater code;
(j) Allowing the construction of, or issuing a permit for the construction of, a
single-unit detached dwelling in an area zoned for single-unit detached dwellings;
(k) Encouraging the construction of accessory dwelling units that are,
through the application of local laws or programs including through deed restrictions, made affordable to households under certain income limits or used primarily to house the local workforce pursuant to a local, regional, or state affordable housing program;
(l) Defining accessory dwelling unit in local law as including or excluding
other dwelling unit types such as a motor home, as defined in section 42-1-102 (57), a multipurpose trailer, as defined in section 42-1-102 (60.3), and a recreational vehicle, as defined in section 24-32-902 (9); or
(m) Requiring a statement by a water or wastewater service provider
regarding its capacity to service the property as a condition of permitting an accessory dwelling unit.
(4) This section only applies to a parcel in a subject jurisdiction that is not an
exempt parcel.
Source: L. 2024: Entire article added (see the editor's note following the part
4 heading), (HB 24-1152), ch. 167, p. 823, � 1, effective May 13.
C.R.S. § 29-4-103
29-4-103. Definitions. As used in this part 1, unless the context otherwise requires:
(1) Authority or housing authority means an authority established in
accordance with the provisions of part 2 of this article and any amendments or supplements thereto.
(2) Bonds means bonds, interim receipts, or other obligations of a city
issued by its council pursuant to this part 1 or pursuant to any other law as supplemented by or in conjunction with this part 1.
(3) City means any city or incorporated town which is included within the
boundaries of a housing authority.
(4) Community facilities means real and personal property, buildings and
equipment for recreational or social assemblies, for educational, health, or welfare purposes, and necessary utilities, when designed primarily for the benefit and use of the occupants of dwelling accommodations.
(5) Contract means any agreement of a city with or for the benefit of an
obligee whether contained in a resolution, trust indenture, mortgage, lease, bond, or other instrument.
(6) Council means the council, legislative body, board of commissioners,
board of trustees, or other body, board, or commission charged with the governing of any city.
(7) Federal government means the United States, the federal emergency
administration of public works, or any agency or instrumentality, corporate or otherwise, of the United States.
(8) Government means the state and federal governments and any
subdivision, agency, or instrumentality, corporate or otherwise, of either of them.
(9) Housing project means all real and personal property, buildings and
improvements, stores, offices, lands for farming and gardening, and community facilities acquired, constructed, or to be acquired or constructed pursuant to a single plan or undertaking to demolish, clear, remove, alter, or repair unsafe, unsanitary, or substandard housing or to provide dwelling accommodations at rentals within the means of persons of low income. The term housing project also means the planning of the buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration, and repair of the improvements, and all other work in connection therewith. The term housing project also means the provision of dwelling accommodations to persons, without regard to income, as long as the housing project substantially benefits persons of low income.
(10) Law means any act or statute, general, special, or local, of the state,
including, without being limited to, the charter of any city.
(11) Mortgage means deeds of trust, mortgages, building and loan
contracts, or other instruments conveying real or personal property as security for bonds and conferring a right to foreclose and cause a sale thereof.
(12) Obligee of the city or obligee means any bondholder, trustee for any
bondholders, any lessor demising property to the city used in connection with a housing project, or any assignee of such lessor's interest or any part thereof, and the United States, when it is a party to any contract with the city.
(13) Real property means lands, lands under water, structures, and any
easements, franchises, and incorporeal hereditaments and every estate and right therein, legal and equitable, including terms for years and liens by way of judgment, mortgage, or otherwise.
(14) State means the state of Colorado.
(15) Trust indenture means instruments pledging the revenues of real or
personal properties but not conveying such properties or conferring a right to foreclose and cause a sale thereof.
Source: L. 35: p. 500, � 3. CSA: C. 82, � 6. L. 37: p. 658, � 2. CRS 53: � 69-2-3.
L. 61: p. 420, � 3. C.R.S. 1963: � 69-2-3. L. 2024: (9) amended, (HB 24-1308), ch. 295, p. 2014, � 10, effective August 7.
Cross references: For the legislative declaration in HB 24-1308, see section 1
of chapter 295, Session Laws of Colorado 2024.
C.R.S. § 29-4-203
29-4-203. Definitions. As used in this part 2, unless the context otherwise requires:
(1) Authority or housing authority means a corporate body organized in
accordance with the provisions of this part 2 for the purposes, with the powers, and subject to the restrictions set forth in this part 2.
(2) Bonds means any bonds, interim certificates, notes, debentures, or
other obligations of the authority issued pursuant to this part 2.
(3) City means any city or incorporated town included in the territorial
boundaries of the authority.
(4) Commissioner means one of the members of an authority appointed in
accordance with the provisions of this part 2.
(5) Community facilities means real and personal property, buildings and
equipment for recreational or social assemblies and for educational, health, or welfare purposes, and necessary utilities when designed primarily for the benefit and use of the occupants of the dwelling accommodations.
(6) Contract means any agreement of an authority with or for the benefit of
an obligee, whether contained in a resolution, trust indenture, mortgage, lease, bond, or other instrument.
(7) Council means the legislative body, council, board of commissioners,
board of trustees, or other body charged with governing the city.
(8) Federal government means the United States, the federal emergency
administrator of public works, or any agency or instrumentality, corporate or otherwise, of the United States.
(9) Government means the state and federal governments and any
subdivision, agency, or instrumentality, corporate or otherwise, of either of them.
(10) Mortgage means deeds of trust, mortgages, building and loan
contracts, or other instruments conveying real or personal property as security for bonds and conferring a right to foreclose and cause a sale thereof.
(11) Obligee of the authority or obligee means any bondholder, trustee for
any bondholders, any lessor demising property to the authority used in connection with the project, or any assignee of such lessor's interest or any part thereof, and the United States when it is a party to any contract with the authority.
(12) Project means all real and personal property, buildings and
improvements, stores, offices, lands for farming and gardening, commercial facilities, and community facilities acquired or constructed or to be acquired or constructed pursuant to a single plan or undertaking to demolish, clear, remove, alter, or repair unsanitary or unsafe housing or to provide dwelling accommodations on financial terms within the means of persons of low income. The term project also applies to the planning of the buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration, and repair of the improvements and all other work in connection therewith. The term project also applies to the provision of dwelling accommodations to persons, without regard to income, as long as the project substantially benefits persons of low income as determined by an authority.
(13) Real property means lands, lands under water, structures, and all
easements, franchises, and incorporeal hereditaments and every estate and right therein, legal and equitable, including terms for years and liens by way of judgment, mortgage, or otherwise.
(14) State means the state of Colorado.
(15) Trust indenture means instruments pledging the revenues of real or
personal properties but not conveying such properties or conferring a right to foreclose and cause a sale thereof.
Source: L. 35: p. 525, � 3. CSA: C. 82, � 31. CRS 53: � 69-3-3. L. 61: p. 421, � 5.
C.R.S. 1963: � 69-3-3. L. 2000: (12) amended, p. 880, � 2, effective August 2. L. 2009: (5) and (6) amended, (SB 09-292), ch. 369, p. 1977, � 104, effective August 5.
C.R.S. § 29-4-307
29-4-307. Additional powers of authority. (1) In addition to the powers contained in section 29-4-306, the city council of a municipality may, by ordinance, give the authority of an area any or all of the additional powers set out in this section; and the enumeration of the following powers shall not be taken as a denial of the right of the city council to give the authority such other powers as the city council may determine to be expedient in order to enable the authority to carry out the purposes set out in section 29-4-302 and outlined in the development plan for the area:
(a) The power to acquire, in the name of the municipality, the land in the area
by purchase, gift, condemnation, or otherwise;
(b) The power to designate and set aside such part or parts of the area as
may be necessary or desirable for public grounds;
(c) The power to vacate existing plats of the area or parts thereof and to
replat the same and, with the aid of the proper municipal officials, to lay out, open, change, and establish streets, alleys, parks, playgrounds, or other public grounds;
(d) The power to remove or cause to be removed some or all of the existing
structures in the area so as to permit reconstruction and the power to construct or arrange for the construction of public improvements on the public grounds of the area;
(e) The power to secure the necessary funds for the acquisition of the land in
the area, the demolition of the existing structures, and the improvement of the public grounds; and for these purposes to borrow money, receive grants, and obtain financial assistance by such other means or methods as may be provided in the development plan for the area;
(f) The power to issue bonds or debentures in payment of moneys borrowed.
Such bonds or debentures may be issued either with or without general municipal liability, but general liability bonds may only be issued after being authorized in the manner provided by the general laws of Colorado or by the charter of the municipality. A mortgage may be given on the property in an area, except the public grounds, and the proceeds thereof and the rents therefrom to secure the debentures.
(g) The power and the duty promptly to sell or give long-term leases on all or
any part of the property in the area except the public grounds to a reconstruction agency, with the obligation upon the reconstruction agency to improve the property in accordance with the development plan of the area. All deeds or leases shall be executed in the name of the municipality, at the request of the authority, by the officers of the authority, unless some other method of execution is prescribed by the general laws of Colorado or by the charter of the municipality. The authorities shall not have power to construct improvements upon the said property other than public grounds and public buildings thereon, if any.
(h) The power to make such contracts, in the name of the municipality, as
may be incidental to the execution of the other powers conferred upon the authority;
(i) The power to initiate and prosecute proceedings, under the general laws
of Colorado or under the charter of the municipality, for the assessment of part of the cost of the land in the area to other property specially benefited by the rehabilitation of the area; and
(j) The power to deposit moneys of the authority not then needed in the
conduct of its affairs in any depository authorized in section 24-75-603, C.R.S. For the purpose of making such deposits, the authority may appoint, by written resolution, one or more persons to act as custodians of the moneys of the authority. Such persons shall give surety bonds in such amounts and form and for such purposes as the authority requires.
Source: L. 45: p. 620, � 7. CSA: C. 82, 68. CRS 53: � 69-4-7. C.R.S. 1963: �
69-4-7. L. 79: (1)(j) added, p. 1618, � 16, effective June 8.
C.R.S. § 29-4-502
29-4-502. Definitions. As used in this part 5, unless the context otherwise requires:
(1) Authority or housing authority means any of the county housing
authorities created by this part 5.
(2) Board means the board of county commissioners of any county.
(3) County means any county within the state of Colorado.
(4) Federal government means the United States, the federal emergency
administrator of public works, or any other agency or instrumentality, corporate or otherwise, of the United States.
(5) Project means all real and personal property, buildings and
improvements, stores, offices, lands for farming and gardening, commercial facilities, and community facilities acquired or constructed or to be acquired or constructed pursuant to a single plan or undertaking, to demolish, clear, remove, alter, or repair unsanitary or unsafe housing or to provide dwelling accommodations on financial terms within the means of persons of low income. The term project also applies to the planning of the buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration, and repair of the improvements, and all other work in connection therewith. The term project also applies to the provision of dwelling accommodations to persons, without regard to income, as long as the project substantially benefits persons of low income as determined by an authority.
(6) State means the state of Colorado.
Source: L. 51: p. 444, � 2. CSA: C. 82, � 80. CRS 53: � 69-6-2. L. 61: p. 422, �
- C.R.S. 1963: � 69-6-2. L. 2002: (4) and (5) amended, p. 1937, � 2, effective June 7.
C.R.S. § 29-4-703
29-4-703. Definitions - rules. As used in this part 7, unless the context otherwise requires:
(1) Authority means the Colorado housing and finance authority created by
this part 7.
(2) Board means the board of directors of the Colorado housing and
finance authority.
(3) Bond means any bond, note, or other obligation of the Colorado housing
and finance authority authorized to be issued under this part 7.
(3.1) Capital means funds that are provided for the research, development,
refinement, or commercialization of a product or process, and funds that are provided for the operation of a business enterprise, including but not limited to the cost of personnel, rent, administrative services, utilities, insurance, equipment, raw materials, work in progress and stock in trade, or debt service on the financing thereof, or such other corporate purposes as may be approved by the board. Capital shall not include the cost of facilities that are financed by the authority as a project pursuant to this part 7.
(3.5) County means any county within this state.
(4) Executive director means the executive director of the Colorado
housing and finance authority appointed by the board of directors of said authority.
(4.5) (Deleted by amendment, L. 2007, p. 703, � 1, effective May 3, 2007.)
(5) Family means two or more persons, whether or not related by blood,
marriage, or adoption, who live or expect to live together as a single household in the same home, a single person who is either at least sixty-two years of age or has a disability, or such other single persons as the board may by rule determine to be eligible for assistance under this part 7.
(5.1) Federal government means the United States and any agency or
instrumentality, corporate or otherwise, of the United States.
(5.2) Financing agreement includes a lease, sublease, installment purchase
agreement, rental agreement, option to purchase, loan agreement, participation agreement, loan purchase agreement, or any other agreement, or any combination thereof, entered into in connection with the financing of a project or housing facility or the provision of capital pursuant to this part 7.
(5.3) Governing body means the board, council, officer, or group charged
with exercising the legislative power of a government.
(5.4) Government means the federal government, the state government,
and any county, municipality, or state agency.
(5.5) Home improvement loan means a loan of money for the alteration,
repair, or improvement of an existing housing facility. The term does not include a loan for a pool, hot tub, or any other construction not directly improving the structural integrity, general appearance, or living conditions within the housing facility.
(6) Housing facility means any work or undertaking that is designed and
financed pursuant to this part 7 for the primary purpose of providing decent, safe, and sanitary dwelling accommodations. Such dwelling accommodations may provide for separate, shared, or congregate facilities. Housing facility may include any buildings, land, equipment, facilities, or other real or personal property:
(a) Found necessary by the authority to ensure required occupancy or
balanced community development; or
(b) Found necessary or desirable by the authority for sound economic or
commercial development of a community.
(7) Housing facility loan means a loan of money, including advances and
temporary and permanent loans, for the construction, reconstruction, rehabilitation, or purchase of a housing facility.
(8) Lender means any state bank chartered by the state of Colorado or any
national banking association located in Colorado, state or federal savings and loan association located in Colorado, FHA-approved mortgagee, insurance company, mortgage banking or other financial institution, or public or private entity providing economic development assistance approved by the board.
(9) Loan to lender means a loan of money to a lender.
(10) Low-income family and low- or moderate-income family mean a
family whose income is insufficient to secure decent, safe, and sanitary housing provided by private industry without loans or other incentives made by the authority or federal subsidies and whose income is below respective income limits established by the board by rule, taking into consideration such factors as the following:
(a) The amount of the total income of such family available for housing
needs;
(b) The size of the family;
(c) The cost and condition of housing facilities available;
(d) The ability of such family to compete successfully in the private housing
market and to pay the amounts at which private enterprise is providing decent, safe, and sanitary housing; and
(e) Standards established by various programs of the federal government for
determining eligibility based on income of such family.
(11) Mortgage means a mortgage, deed of trust, or other instrument
constituting a first lien on real property in this state and improvements constructed or to be constructed thereon or on a leasehold under a lease having a remaining term, at the time such mortgage is acquired, of not less than the term for repayment of the obligation secured by such mortgage.
(12) Mortgage loan means a loan of money, including advances and
temporary loans, for the construction, reconstruction, rehabilitation, purchase, or refinancing of a housing facility, which loan is evidenced by an obligation secured by a mortgage.
(12.1) Municipality means any city, including without limitation any city or
city and county operating under a home rule or special legislative charter, or town within this state.
(12.4) Project means a work or improvement that is or will be located in this
state, including but not limited to real property, buildings, equipment, furnishings, and any other real and personal property or any interest therein, financed, refinanced, acquired, owned, constructed, reconstructed, extended, rehabilitated, improved, or equipped, directly or indirectly, in whole or in part, by the authority and that is designed and intended for the purpose of providing facilities for manufacturing, warehousing, commercial, recreational, hotel, office, research and development, or other business or economic purposes, including but not limited to machinery and equipment deemed necessary for the operation thereof, excluding raw material, work in process, or stock in trade. Project includes more than one project or any portion of a project, but shall not include a housing facility or any portion thereof unless the authority elects to treat such housing facility or portion thereof as a project. Project shall not include the financing by the authority of any county or municipal public facilities beyond the boundaries of the project, except to the extent that such facilities are adjacent to the project and support the operation of the project.
(12.5) Project costs means the sum total of all costs incurred in the
development of a project which are approved by the authority as reasonable and necessary. Project costs includes, but is not limited to:
(a) The cost of acquiring real property and any buildings thereon, including
but not limited to payments for options, deposits, or contracts to purchase properties;
(b) The cost of site preparation, demolition, and development;
(c) Any expenses relating to the issuance of bonds or notes;
(d) Fees in connection with the planning, execution, and financing of the
project, such as those of architects, engineers, attorneys, accountants, and the authority;
(e) The cost of studies, surveys, plans and permits, insurance, interest,
financing, tax and assessment costs, and other operating and carrying costs incurred during construction;
(f) The cost of construction, rehabilitation, reconstruction, and equipping of
the project, not including the cost of raw materials, work in process, and stock in trade;
(g) The cost of land improvements, such as landscaping and off-site
improvements;
(h) Expenses in connection with initial occupancy of the project;
(i) A reasonable profit and risk fee in addition to job overhead to the general
contractor and, if applicable, the sponsor;
(j) An allowance established by the authority for contingency reserves and
reserves for any anticipated operating deficits after completion of the project; and
(k) The cost of other items that the authority determines to be reasonable
and necessary for the development of the project, including but not limited to relocation costs, utility connection fees, indemnity and surety bonds, premiums on insurance, and fees and expenses of trustees, depositories, and paying agents for the bonds and notes.
(12.6) Project plan means the plan for a project or projects and includes but
is not limited to:
(a) A map or any other appropriate representation of the area and the
location of the project;
(b) A statement of proposed land uses;
(c) Any proposed amendments to, changes in, or variances from the master
plan, official map, or zoning regulations or other land use regulations, codes, or ordinances of the county or municipality in which the project is to be located;
(d) A proposal for the acquisition of real property;
(e) A proposal for the demolition and removal of existing structures;
(f) A description of the project;
(g) A statement of the plan's relationship to any officially adopted objectives
of the county or municipality as to land uses, density of population, traffic, public transportation, public utilities, recreational and community facilities, other public improvements, and the protection of the environment;
(h) A statement of the provision being made for the temporary and
permanent relocation of any persons who may be displaced by the construction of the project;
(i) A proposed time schedule for the effectuation of the plan; and
(j) Additional statements or documentation as the authority may deem
appropriate.
(12.8) Real property means all lands and franchises and interests in land
located within this state, including lands under water and riparian rights, space rights and air rights, and any and all other things usually included within said term. Real property includes any and all interests in such property less than full title, such as easements, incorporeal hereditaments, and every estate, interest, or right, legal or equitable.
(12.9) Small business means a profit or nonprofit enterprise of small or
moderate size, as determined by the board pursuant to regulation taking into consideration such factors as the following:
(a) The net assets of the enterprise;
(b) The number of employees involved or to be involved in the normal
operation of the project;
(c) The total number of employees involved or to be involved in the normal
operation of the enterprise as a whole;
(d) The type, size, and cost of the project; and
(e) Applicable standards and criteria periodically applied by the federal
government in administering assistance programs for enterprises of small or moderate size.
(13) Sponsor means an individual, joint venture, partnership, limited
partnership, trust, corporation, cooperative, condominium, association, public body, including the authority, or any other legal entity or combination thereof, which:
(a) The authority has approved as qualified to own, construct, acquire,
rehabilitate, operate, lease, manage, or maintain part or all of a housing facility or a project; and
(b) Except for a county, municipality, or other public body, has agreed to
subject itself to the regulatory powers of the authority.
(14) Repealed.
(15) State agency means any board, authority, agency, department,
commission, public corporation, body politic, or instrumentality of this state other than a municipality or a county.
(16) Repealed.
Source: L. 73: p. 805, � 1. C.R.S. 1963: � 69-11-2. L. 75: (6) amended and (6.5),
(7.5), (9), (10), and (11) added, p. 970, � 2, effective April 19. L. 76: (11) amended and (12) added, p. 689, � 2, effective April 19. L. 77: (5), (6), (8), and (9) amended, p. 1416, � 1, effective May 14; (5.5) added, (11) amended, and (12) repealed, pp. 1413, 1415, �� 2, 6, effective June 19. L. 82: (6) R&RE, p. 471, � 1, effective April 15; (8) amended, (13) R&RE, and (3.5), (5.1), (5.2), (5.3), (5.4), (12.1), (12.4), (12.5), (12.6) (12.8), (12.9), (15), and (16) added, pp. 461, 462, � 2, 3, 4, effective April 23. L. 84: (4.5) added, p. 807, � 1, effective April 13. L. 85: IP(6) amended, p. 1040, � 1, effective July 1. L. 87: (1) to (3), (4), (5.2), (8), (12.4), and IP(13) amended, (3.1) added, and (16) repealed, pp. 1191, 1197, �� 3, 21, effective May 20. L. 93: (5) amended, p. 1669, � 84, effective July 1. L. 2007: (3), (4.5), (5), (5.2), (5.5), (6), IP(10), (12), and (12.4) amended, p. 703, � 1, effective May 3.
Editor's note: This section was originally numbered as � 29-4-702 in C.R.S.
1973, but this section and the subsections within this section were renumbered on revision in the 1977 replacement volume for ease of location. The definition of thermal performance improvement loan, added as subsection (12) in 1976 and subsequently repealed in 1977, was renumbered as subsection (14) in the 1977 replacement volume.
C.R.S. § 30-20-1103
30-20-1103. Definitions. As used in this part 11, unless the context otherwise requires:
(1) Agency means any county, city and county, home rule county formed in
accordance with the provisions of article 35 of this title, any county public improvement district formed in accordance with the provisions of part 5 of article 20 of this title, any other district that a county or a city and county may create pursuant to the authority provided in article 20 of this title that is a budgetary unit exercising construction contracting authority or discretion, and any special taxing district formed by a home rule county in accordance with the provisions of part 9 of article 35 of this title.
(2) Contract means any agreement for designing, building, altering,
repairing, improving, demolishing, operating, maintaining, or financing a public project.
(3) Cost-reimbursement contract means a contract under which a
participating entity is reimbursed for costs that are allowable and allocable in accordance with the contract terms and provisions of this part 11.
(4) Integrated project delivery or IPD means a project delivery method in
which there is a contractual agreement between an agency and a single participating entity for the design, construction, alteration, operation, repair, improvement, demolition, maintenance, or financing, or any combination of these services, for a public project.
(5) IPD contract means a contract using an integrated project delivery
method.
(6) Participating entity means a partnership, corporation, joint venture,
unincorporated association, or other legal entity that provides appropriately licensed planning, architectural, engineering, development, construction, operating, or maintenance services as needed in connection with an IPD contract.
(7) Public project means any lands, buildings, structures, works, machinery,
equipment, or facilities suitable for and intended for use as public property for public purposes or suitable for and intended for use in the promotion of the public health, public welfare, or public education, to the extent the boundaries of an agency and a school district are coterminous, or for the conservation of natural resources, including the planning of any such lands, buildings, improvements, structures, works, machinery, equipment, or facilities. Public project shall also include existing lands, buildings, improvements, structures, works, and facilities, as well as improvements, renovations, or additions to any such lands, buildings, improvements, structures, works, or facilities, including without limitation any sewerage facility as defined in section 30-20-401 (4), any water facility as defined in section 30-20-401 (6), any joint system as defined in section 30-20-401 (3), and any operation or maintenance programs for the operation and upkeep of such projects.
(8) Public purposes includes, but is not limited to, the supplying of public
water services and facilities, public sewerage services and facilities, and lands, buildings, improvements, equipment, and facilities for public education, to the extent the boundaries of the agency and school district are coterminous.
Source: L. 2007: Entire part added, p. 1810, � 2, effective August 3.
C.R.S. § 30-20-124
30-20-124. Closed landfill remediation grant program - creation - administration - application process - uses of grant program money - advisory committee - rules - fund - evaluation - report - definitions - repeal. (1) Definitions. As used in this section, unless the context otherwise requires:
(a) Advisory committee means the closed landfill remediation grant
program advisory committee created in subsection (6) of this section.
(b) Cleanup program means an investigation or remediation conducted and
funded pursuant to a state or federal law or program other than this part 1, such as:
(I) The federal Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, 42 U.S.C. sec. 9601 et seq., as amended;
(II) The brownfields program of the federal environmental protection agency
and the department;
(III) A federal radiation control program such as the Uranium Mill Tailings
Radiation Control Act, 42 U.S.C. sec. 7901 et seq., as amended;
(IV) Article 11 of title 25 concerning radiation control;
(V) Article 15 of title 25 concerning hazardous waste; or
(VI) The federal Resource Conservation and Recovery Act of 1976, 42
U.S.C. sec. 6901 et seq., as amended.
(c) Closed landfill means a landfill that no longer accepts new waste for
disposal.
(d) Commission means the solid and hazardous waste commission created
in section 25-15-302.
(e) Eligible local government means a local government that owns a closed
landfill that:
(I) Was formerly but is no longer operated by the local government or by any
state or federal agency and for which the local government is solely financially responsible for closure and post-closure care;
(II) Is not subject to any investigation or remediation pursuant to a cleanup
program; and
(III) Does not have any fully funded private sector financial assurance
mechanism in place that adequately resolves the public health and environmental risks associated with the landfill.
(f) Fund means the closed landfill remediation grant program fund created
in subsection (8) of this section.
(g) Grant program means the closed landfill remediation grant program
created in subsection (2) of this section.
(h) (I) Landfill means a discrete area of land or an excavation where solid
wastes are placed for final disposal.
(II) Landfill includes:
(A) An ash monofill;
(B) A construction and demolition waste landfill;
(C) An industrial landfill;
(D) A sanitary landfill;
(E) A tire monofill; and
(F) Any similar facility where final disposal of solid waste occurs.
(III) Landfill does not include a land application unit, a waste impoundment,
or a waste pile.
(i) Local government means a home rule or statutory city, county, or city
and county.
(2) Grant program created. The closed landfill remediation grant program is
created to provide grants to eligible local governments to help pay the costs of environmental remediation efforts for and management of closed landfills that are owned by the eligible local governments. Subject to annual appropriation, grants shall be paid from money in the fund.
(3) Administration. On and after July 1, 2024, the department shall
administer the grant program in accordance with rules promulgated by the commission pursuant to subsection (7) of this section and shall consult with the advisory committee to:
(a) Evaluate grant applications using criteria established by the rules; and
(b) Award grants to eligible local governments.
(4) Application process. To receive a grant, an eligible local government
must apply to the department in accordance with the rules promulgated by the commission pursuant to subsection (7)(a)(I) of this section.
(5) Uses of grant program money. (a) An eligible local government that
receives a grant from the grant program shall use the grant money only to pay for reasonable costs necessary to assess and remediate risks posed by the local government's closed landfill and to comply with applicable law, including paying reasonable expenses necessary to:
(I) Take emergency, preventive, or corrective actions at a closed landfill;
(II) Investigate, design, and implement appropriate remediation actions in
accordance with applicable regulations, including retaining private third parties to advise the local government and to perform tasks;
(III) Develop, prepare, and implement plans such as work plans,
implementation plans, annual monitoring plans, contingency plans, community relations plans, materials management plans, and post-closure plans, including document review and activity fees in accordance with rules promulgated by the commission;
(IV) Develop and implement a plan for public involvement in the
development, implementation, modification, or expansion of remediation measures; and
(V) Perform post-closure care activities, including:
(A) The use of institutional and engineering controls to ensure site conditions
remain protective of public health, safety, and welfare and the environment; and
(B) Post-closure monitoring.
(b) When expending any money pursuant to this section, the department, the
commission, and any eligible local government that receives a grant from the grant program shall give priority to mitigating the risks posed by solid waste in accordance with section 30-20-101.5 (2) and rules promulgated by the commission concerning the management of solid waste.
(6) Advisory committee created. (a) The closed landfill remediation grant
program advisory committee is created in the department to review grant applications and advise the department as described in subsection (3) of this section. On or before May 1, 2024, the commission shall appoint five members to the advisory committee, including:
(I) Two members representing local governments;
(II) Two members representing the department; and
(III) One member with technical expertise who is not affiliated with a local
government or with the department.
(b) The members of the advisory committee serve terms of three years;
except that:
(I) One of the members initially appointed pursuant to subsection (6)(a)(I) of
this section serves an initial term of one year; and
(II) One of the members initially appointed pursuant to subsection (6)(a)(II) of
this section serves an initial term of two years.
(c) The members of the advisory committee serve without compensation.
(7) Rules. (a) On or before June 1, 2024, the commission shall promulgate
rules for the administration of the grant program as described in this section. At a minimum, the rules must include:
(I) Procedures and timelines by which an eligible local government may
apply for a grant;
(II) Safeguards that ensure that the department awards grants on a fair and
equitable basis consistent with established priorities;
(III) Criteria for evaluating grant applications and awarding grants;
(IV) Criteria for determining grant amounts;
(V) Reporting requirements for grant recipients; and
(VI) The circumstances, if any, under which a grant applicant may be
required to demonstrate matching funds.
(b) When developing criteria for evaluating grant applications and awarding
grants pursuant to subsection (7)(a)(III) of this section, the commission shall require that the department:
(I) Before finalizing any decision to award or deny a grant, interview an
official of the applicant eligible local government who is familiar with the closed landfill site that is the basis of the grant application;
(II) Give priority to grant applications that concern remediation efforts at
closed landfills that are subject to existing compliance orders and at closed landfills that pose the greatest actual risk to public health and the environment. When determining actual risk to public health and the environment, the commission shall require the department to:
(A) Prioritize remediation that enables the state and local governments to
protect public health and the environment in a manner that makes efficient use of limited grant funding; and
(B) Consider an eligible local government's technical assessment of the
actual risk posed to public health and the environment.
(III) (A) Consider giving priority to grant applications received from eligible
local governments that commit matching funds from other sources to pay the costs of the remediation activities that are the basis of the grant application and consider giving priority to grant applications received from eligible local governments based on expenses incurred to date by the eligible local governments in attempting to implement the remediation that is the basis of their grant applications.
(B) In making the considerations described in subsection (7)(b)(III)(A) of this
section, consider whether certain eligible local governments should be required to contribute a lower amount or percentage of matching funds than other eligible local governments based on population, as determined pursuant to the most recently published population estimates from the state demographer appointed by the executive director of the department of local affairs.
(8) Cash fund created. (a) The closed landfill remediation grant program
fund is created in the state treasury. The fund consists of:
(I) Money that the general assembly may appropriate or transfer to the fund
from the general fund or any other fund; and
(II) Money credited to the fund as gifts, grants, and donations pursuant to
subsection (8)(d) of this section.
(b) The state treasurer shall credit all interest and income derived from the
deposit and investment of money in the fund to the fund. Any unexpended and unencumbered money remaining in the fund at the end of a fiscal year remains in the fund and shall not be credited or transferred to the general fund or any other fund.
(c) The money in the fund is subject to annual appropriation by the general
assembly to the department for use for the purposes set forth in this section. The department may expend up to two and one-half percent of the money that is annually appropriated to the department from the fund to pay administrative costs incurred by the department, the commission, and the advisory committee.
(d) The department is authorized to seek, accept, and expend gifts, grants,
and donations for the purposes of this section and shall transmit any money received from gifts, grants, or donations to the state treasurer for deposit in the fund.
(e) On August 31, 2033, the state treasurer shall transfer all unexpended and
unencumbered money in the fund to the general fund.
(9) Evaluation and funding recommendations. On or before February 1,
2026, and on or before February 1 every three years thereafter, the commission shall evaluate the current and future financial needs of the grant program and make written recommendations to the general assembly regarding funding.
(10) Report. (a) On or before November 1, 2025, and on or before November 1
of each year thereafter, the department shall prepare and post on its public website a report that summarizes the use of all grant money awarded under the grant program in the preceding fiscal year. At a minimum, the report must include:
(I) The number of grant applicants;
(II) The amount of grant money requested by each applicant;
(III) The eligible local governments that were awarded grants;
(IV) The amount of grant money awarded to each grant recipient;
(V) A description of the grant recipient's use of the grant money; and
(VI) The amount of money remaining in the fund on the date of the report.
(b) The department may include the report described in subsection (10)(a) of
this section in the department's annual report to the committees of reference of the general assembly pursuant to section 30-20-122 (1)(b).
(11) Repeal. This section is repealed, effective September 1, 2033. Prior to
the repeal, the grant program and the advisory committee are scheduled for review in accordance with section 24-34-104.
Source: L. 2023: Entire section added, (HB 23-1194), ch. 225, p. 1160, � 3,
effective August 7.
Cross references: For the legislative declaration in HB 23-1194, see section 1
of chapter 225, Session Laws of Colorado 2023.
PART 2
DISPOSAL DISTRICTS (1953 ACT)
Cross references: For the Special District Act, see article 1 of title 32.
C.R.S. § 30-31-103
30-31-103. Definitions. As used in this article 31, unless the context otherwise requires:
(1) Agricultural land means any parcel of land or any contiguous parcels of
land that, regardless of the uses for which the land has been zoned, the county assessor has classified as agricultural land for purposes of the levying and collection of property tax pursuant to sections 39-1-102 (1.6)(a) and 39-1-103 (5)(a), at any time during the five-year period before either the date of adoption of a county revitalization plan or any modification of a county revitalization plan.
(2) Bonds means any bonds, including refunding bonds, notes, interim
certificates or receipts, temporary bonds, certificates of indebtedness, debentures, or other obligations issued as authorized by this article 31.
(3) Brownfield site means real property and the development, expansion,
redevelopment, or reuse of real property that is complicated by the presence of a substantial amount of one or more hazardous substances, pollutants, or contaminants, as designated by the United States environmental protection agency.
(4) Business concern has the same meaning as business, as defined in
section 24-56-102 (1).
(5) County revitalization area means a revitalization area that the
governing body designates as appropriate for the county revitalization project.
(6) County revitalization authority or authority means a corporate body
organized pursuant to this article 31.
(7) County revitalization plan means a plan for the county revitalization
project that:
(a) Conforms to a general or master plan for the physical development of the
county as a whole;
(b) Indicates land acquisition, development, redevelopment, rehabilitation,
and additional land and capital improvements;
(c) Includes zoning and planning changes, if any, land uses, maximum
densities, and building requirements; and
(d) Defines the plan's relationship to defined local objectives respecting
appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements.
(8) County revitalization project means undertakings and activities that
take advantage of revitalization areas in accordance with the county revitalization plan. Such undertakings and activities may include:
(a) Acquisition of a revitalization area or any portion thereof;
(b) Demolition and removal of buildings and improvements;
(c) Installation, construction, or reconstruction of streets, utilities, parks,
playgrounds, and other improvements;
(d) Disposition of any property acquired or held by the authority as a part of
the county revitalization project for county revitalization areas. Disposition includes sale, initial leasing, or temporary retention by the authority at the fair value of the property for use in accordance with the county revitalization plan.
(e) Carrying out plans for a program through voluntary action and the
regulatory process for the repair, alteration, and rehabilitation of buildings or other improvements in accordance with the county revitalization plan; and
(f) Acquisition of any property necessary to achieve the objectives of the
county revitalization plan.
(9) Displaced person has the same meaning as set forth in section 24-56-102 (2), and also includes any individual, family, or business concern displaced by an
authority acquiring real property through the exercise of eminent domain.
(10) Governing body means the board of county commissioners of the
county within which an authority is established or proposed to be established.
(11) Obligee means any bondholder, agent, trustee for any bondholder,
lessor demising to an authority property used in connection with the county revitalization project of the authority, assignee of such lessor's interest or any part thereof, or the federal government when it is a party to any contract or agreement with an authority.
(12) Public body means the state of Colorado and any county, quasi-municipal corporation, board, commission, authority, political subdivision, or public
corporate body of the state.
(13) Real property means lands, lands under water, structures, easements,
franchises, and incorporeal hereditaments and every estate and right therein, legal and equitable, including terms for years and liens by way of judgment, mortgage, or otherwise.
(14) Revitalization area means an area that, upon the implementation of the
county revitalization plan, substantially promotes the sound growth of the county, improves economic and social conditions, and furthers the health, safety, and well-being of the public by the actualization of one of the following opportunity factors:
(a) Investment in critical infrastructure, including water, sanitary sewer and
storm water systems and management, electricity, and other public utilities to achieve desired levels of residential density and employment growth;
(b) Improvement of mobility and increased access to transportation corridors
and multimodal transportation options;
(c) Development of affordable housing proximate to enhanced
transportation hubs and corridors;
(d) Development of economic opportunities for job creation and growth in
entrepreneurship and successful location of existing businesses;
(e) Expansion of access to healthy food systems, community medical
services, public parks, or public education opportunities;
(f) Improvement of circulation patterns and enhancement of safe and
reliable public transportation systems;
(g) Remediation of contaminated soils or water;
(h) Clearance, abatement, or rehabilitation of structurally unsound,
deteriorating, or otherwise unsafe structures; or
(i) Redevelopment of former landfills, floodplains, or other areas challenged
by topography that, in their present condition, pose a threat to public health and safety.
(15) Urban-level development means an area in which there is a
predominance of either permanent structures or above-ground or at-grade infrastructure.
Source: L. 2024: Entire article added, (HB 24-1172), ch. 387, p. 2639, � 1,
effective August 7.
C.R.S. § 30-31-105
30-31-105. Powers of an authority. (1) An authority has all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this article 31, including the power to:
(a) Sue and to be sued;
(b) Adopt and alter a seal;
(c) Have perpetual succession;
(d) Make, and from time to time amend and repeal, bylaws, orders, rules, and
regulations to effectuate the provisions of this article 31;
(e) Undertake county revitalization projects;
(f) Make and execute any and all contracts and other instruments which it
may deem necessary or convenient to the exercise of its powers under this article 31, including contracts for advances, loans, grants, and contributions from the federal government or any other source;
(g) Arrange for the furnishing or repair by any person or public body of
services, privileges, works, streets, roads, public utilities, or educational or other facilities for or in connection with a project of the authority;
(h) Dedicate property acquired or held by the authority for public works,
improvements, facilities, utilities, and other purposes;
(i) Agree, in connection with any of the authority's contracts, to any
conditions that the authority deems reasonable and appropriate under this article 31, including conditions attached to federal financial assistance, and to include in any contract made or let in connection with any project of the authority provisions to fulfill such conditions as it may deem reasonable and appropriate;
(j) Arrange with the county or other relevant public body to plan, replan,
zone, or rezone any part of the area of the county or other public body in connection with any project proposed or being undertaken by the authority under this article 31;
(k) Enter, with the consent of the owner, any building or property in order to
make surveys or appraisals and to obtain an order for this purpose from a court of competent jurisdiction if entry is denied or resisted;
(l) Acquire any property by purchase, lease, option, gift, grant, bequest,
devise, or otherwise to acquire any interest in property by condemnation, including a fee simple absolute title, in the manner provided by the laws of the state for the exercise of the power of eminent domain by any other public body. Property already devoted to a public use may be acquired in a like manner; except that no property belonging to the federal government or to a public body may be acquired without its consent. Any acquisition of any interest in property by condemnation by an authority must be approved as part of the county revitalization plan or the substantial modification of the county revitalization plan, as provided in section 30-31-109, must be approved by a majority vote of the governing body in which the property is located, and must satisfy the requirements of section 30-31-106.
(m) Hold, improve, clear, or prepare for redevelopment any property acquired
by condemnation by an authority;
(n) Mortgage, pledge, hypothecate, or otherwise encumber or dispose of its
property;
(o) Insure any property or operations of the authority against any risks or
hazards; except that no provision of any other law with respect to the planning or undertaking of projects or the acquisition, clearance, or disposition of property by public bodies may restrict an authority from exercising powers under this article 31 with respect to a project of the authority unless the general assembly so states;
(p) (I) Invest any of the authority's money not required for immediate
disbursement in property or in securities in which public bodies may legally invest money subject to their control pursuant to part 6 of article 75 of title 24, and to redeem such bonds as the authority has issued at the redemption price established therein or to purchase such bonds at less than redemption price. All such bonds issued by and then redeemed or purchased by an authority are canceled.
(II) Deposit any money not required for immediate disbursement in any
depository authorized in section 24-75-603. For the purpose of making such deposits, the authority may appoint, by written resolution, one or more persons to act as custodians of the money of the authority. Such persons shall give surety bonds in such amounts and form and for such purposes as the authority requires.
(III) Borrow money and apply for and accept advances, loans, grants, and
contributions from the federal government or any other source for any of the purposes of this article 31 and to give such security as the federal government or other lender may require;
(IV) Make appropriations and expenditures of its funds; and
(V) Set up, establish, and maintain general, separate, or special funds and
bank accounts or other accounts as it deems necessary to carry out the purposes of this article 31;
(q) Make and submit, or resubmit to the governing body for appropriate
action, the authority's proposed plans and modifications to those plans as necessary for the carrying out of the purposes of this article 31. Such plans must include:
(I) A roadmap to assist the county in its preparation of a workable program
for utilizing appropriate private and public resources to take advantage of revitalization areas, to encourage needed county revitalization, to provide for the redevelopment of revitalization areas, or to undertake such activities as may be suitably employed to achieve the objectives of such a workable program, which may include provisions for:
(A) The rehabilitation or conservation of revitalization areas or portions of
those areas by replanning, removing congestion, providing public improvements, and encouraging the rehabilitation and repair of deteriorated or deteriorating structures; and
(B) The clearance and redevelopment of revitalization areas or portions of
those areas;
(II) County revitalization plans;
(III) Plans for the relocation of those individuals, families, and business
concerns situated in the county revitalization area which will be displaced by the county revitalization project. These relocation plans may include data setting forth a feasible method for the temporary relocation of such individuals, families, and business concerns and showing that there will be provided, in the county revitalization area or in other areas not generally less desirable in regard to public utilities and public and commercial facilities, and at rents or prices within the financial means of such individuals, families, and business concerns, decent, safe, and sanitary dwellings and commercial spaces equal in number to and available to such individuals, families, and business concerns and reasonably accessible to their places of employment or business.
(IV) Plans for undertaking a program of voluntary repair and rehabilitation of
buildings and improvements;
(V) Plans for the enforcement of state and local laws, codes, and regulations
relating to:
(A) The use of land;
(B) The use and occupancy of buildings;
(C) Building improvements; and
(D) The repair, rehabilitation, demolition, or removal of buildings and
improvements; and
(VI) Financing plans, maps, plats, appraisals, title searches, surveys, studies,
and other preliminary plans and work pertinent to any proposed plans or modifications;
(r) Make reasonable relocation payments to or with respect to individuals,
families, and business concerns situated in the county revitalization area that will be displaced as provided in subsection (1)(q)(III) of this section for moving expenses and actual direct losses of property including, for business concerns, goodwill and lost profits that are reasonably related to relocation of the business, resulting from their displacement for which reimbursement or compensation is not otherwise made, including the making of such payments financed by the federal government;
(s) Develop, test, and report methods and techniques for taking advantage of
the revitalization areas within the county and carry out demonstrations and other activities for taking advantage of the revitalization areas; and
(t) Rent or provide by other means, including accepting the use of suitable
quarters furnished by the relevant county or any other public body, suitable quarters for the use of the authority and equip such quarters with furniture, furnishings, equipment, records, and supplies as the authority deems necessary to enable it to exercise its powers under this article 31.
(2) No authority has power to levy or assess ad valorem taxes, personal
property taxes, or any other form of taxes including special assessments against any property.
(3) No municipality is required to provide services within the boundaries of
the county revitalization area or to provide or expand infrastructure or facilities to serve a county revitalization project; except that the authority or county and a municipality may enter into an intergovernmental agreement regarding the provision of services within the boundaries of the county revitalization area or to provide or expand infrastructure or facilities to service a county revitalization project.
(4) Nothing in this article 31 shall be construed to affect the authority of a
municipality to regulate and plan for the use of land or affect any agreement between a municipality and a landowner or public body relating to the use or development of land.
Source: L. 2024: Entire article added, (HB 24-1172), ch. 387, p. 2646, � 1,
effective August 7.
C.R.S. § 30-31-114
30-31-114. Cooperation by public bodies with county revitalization authorities. (1) Any public body, within its powers, purposes, and functions and for the purpose of aiding an authority in or in connection with the planning or undertaking pursuant to this article 31 of any plans, projects, programs, works, operations, or activities of an authority whose area of operation is situated in whole or in part within the area in which the public body is authorized to act, upon terms as the public body shall determine, may:
(a) Sell, convey, or lease any of the public body's property or grant
easements, licenses, or other rights or privileges therein to the authority;
(b) Incur the entire expense of any public improvements made by the public
body in exercising the powers mentioned in this section;
(c) Do everything necessary to aid or cooperate with the authority in or in
connection with the planning or undertaking of any plans, projects, programs, works, operations, or activities;
(d) Enter into agreements with the authority respecting action to be taken
pursuant to any of the powers set forth in this article 31, including agreements respecting the planning or undertaking of any plans, projects, programs, works, operations, or activities which the public body is otherwise empowered to undertake;
(e) Cause public buildings and public facilities, including parks, playgrounds,
recreational, community, educational, water, garbage disposal, sewer, sewage, sewerage, or drainage facilities, or any other public works, improvements, facilities, or utilities which the public body is otherwise empowered to undertake, to be furnished within the area in which the public body is authorized to act;
(f) Furnish, dedicate, accept dedication of, open, close, vacate, install,
construct, reconstruct, pave, repave, repair, rehabilitate, improve, grade, regrade, plan, or replan public streets, roads, roadways, parkways, alleys, sidewalks, and other public ways or places within the area in which the public body is authorized to act to the extent that the items or matters are, under any other law, otherwise within the jurisdiction of the public body;
(g) Plan or replan and zone or rezone any part of the area under the
jurisdiction of the public body or make exceptions from its building regulations;
(h) Cause administrative or other services to be furnished to the authority; or
(i) Designate any portion of the sales tax revenue it receives to the authority.
(2) If at any time title to or possession of the whole or any portion of any
project of the authority under this article 31 is held by any governmental agency or public body, other than the authority, which is authorized by law to engage in the undertaking, carrying out, or administration of any project, including any agency or instrumentality of the United States, the provisions of the agreements referred to in subsection (1)(d) of this section inure to the benefit of and may be enforced by the governmental agency or public body.
(3) Any public body referred to in subsection (1) of this section may, in
addition to its authority pursuant to any other law to issue its bonds for any purposes, issue and sell its bonds for any of the purposes of the public body stated in this section.
(4) For the advancement of the public interest and for the purpose of aiding
and cooperating in the planning, acquisition, demolition, rehabilitation, construction, or relocation, or otherwise assisting the operation or activities of the county revitalization project located wholly or partly within the area in which it is authorized to act, a public body may enter into agreements ,which may extend over any period notwithstanding any provision of law to the contrary, with an authority respecting action taken or to be taken pursuant to any of the powers granted by this article 31.
Source: L. 2024: Entire article added, (HB 24-1172), ch. 387, p. 2670, � 1,
effective August 7.
C.R.S. § 30-35-401
30-35-401. Definitions. As used in this part 4, unless the context otherwise requires:
(1) Adopting county means any home rule county adopting an ordinance
pursuant to the provisions of this part 4.
(2) Code means any published compilation of statutes, ordinances, rules,
regulations, or standards adopted by the federal government or the state of Colorado, or by an agency of either of them, or by any municipality or county within the state of Colorado. It includes any codification or compilation of existing ordinances of the adopting county. The operation of this article as to published compilations of any organization or institution shall be limited to building codes, which may embrace any of the following subjects: The construction, alteration, repair, removal, demolition, equipment, use and occupancy, location, and maintenance of buildings or other structures, whether erected before, on, or after June 8, 1981.
(3) County clerk means the county clerk and recorder or equivalent officer.
(4) Governing body means the governing body of a home rule county.
(5) Primary code means any code which is directly adopted by reference in
whole or in part by any ordinance passed pursuant to this part 4.
(6) Published means issued in printed, lithographed, multigraphed,
mimeographed, or similar form.
(7) Secondary code means any code which is incorporated by reference,
directly or indirectly, in whole or in part, in any primary code or in any secondary code.
Source: L. 81: Entire article added, p. 1473, � 1, effective June 8.
C.R.S. § 31-16-201
31-16-201. Definitions. As used in this part 2, unless the context otherwise requires:
(1) Adopting municipality means any municipality which has adopted or is in
the process of adopting an ordinance pursuant to the provisions of this part 2.
(2) Code means any published compilation of statutes, ordinances, rules,
regulations, or standards adopted by the federal government or the state of Colorado, by an agency of either of them, or by any municipality or other political subdivision in this state. The term includes any codification or compilation of existing ordinances of the adopting municipality. The term code also means published compilations of any nongovernmental organization or institution which may embrace any of the following subjects: The construction, alteration, repair, removal, demolition, equipment, use, occupancy, location, maintenance, or other matters related to buildings or other erected structures including, but not limited to, building codes, fire or fire prevention codes, plumbing codes, housing codes, mechanical codes, and electrical codes.
(3) Municipality means any city or any town operating under general or
special laws of the state of Colorado or any home rule city or town, the charter or ordinances of which contain no provisions inconsistent with provisions of this part 2.
(4) Primary code means any code which is directly adopted by reference in
whole or in part by any ordinance passed pursuant to this part 2.
(5) Published means issued in printed, lithographed, multigraphed,
mimeographed, or similar form.
(6) Secondary code means any code which is incorporated by reference,
directly or indirectly, in whole or in part in any primary code or in any secondary code.
Source: L. 75: Entire title R&RE, p. 1125, � 1, effective July 1.
Editor's note: This section is similar to former � 31-12-401 as it existed prior
to 1975.
C.R.S. § 31-25-103
31-25-103. Definitions. As used in this part 1, unless the context otherwise requires:
(1) Agricultural land means any one parcel of land or any two or more
contiguous parcels of land that, regardless of the uses for which the land has been zoned, has been classified by the county assessor as agricultural land for purposes of the levying and collection of property tax pursuant to sections 39-1-102 (1.6)(a) and 39-1-103 (5)(a), C.R.S., at any time during the five-year period prior to the date of adoption of an urban renewal plan or any modification of such a plan.
(2) Blighted area means an area that, in its present condition and use and,
by reason of the presence of at least four of the following factors, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare:
(a) Slum, deteriorated, or deteriorating structures;
(b) Predominance of defective or inadequate street layout;
(c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness;
(d) Unsanitary or unsafe conditions;
(e) Deterioration of site or other improvements;
(f) Unusual topography or inadequate public improvements or utilities;
(g) Defective or unusual conditions of title rendering the title nonmarketable;
(h) The existence of conditions that endanger life or property by fire or other
causes;
(i) Buildings that are unsafe or unhealthy for persons to live or work in
because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities;
(j) Environmental contamination of buildings or property;
(k) (Deleted by amendment, L. 2004, p. 1745, � 3, effective June 4, 2004.)
(k.5) The existence of health, safety, or welfare factors requiring high levels
of municipal services or substantial physical underutilization or vacancy of sites, buildings, or other improvements; or
(l) If there is no objection by the property owner or owners and the tenant or
tenants of such owner or owners, if any, to the inclusion of such property in an urban renewal area, blighted area also means an area that, in its present condition and use and, by reason of the presence of any one of the factors specified in paragraphs (a) to (k.5) of this subsection (2), substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare. For purposes of this paragraph (l), the fact that an owner of an interest in such property does not object to the inclusion of such property in the urban renewal area does not mean that the owner has waived any rights of such owner in connection with laws governing condemnation.
(3) Bonds means any bonds (including refunding bonds), notes, interim
certificates or receipts, temporary bonds, certificates of indebtedness, debentures, or other obligations.
(3.1) Brownfield site means real property, the development, expansion,
redevelopment, or reuse of which will be complicated by the presence of a substantial amount of one or more hazardous substances, pollutants, or contaminants, as designated by the United States environmental protection agency.
(3.3) Business concern has the same meaning as business as set forth in
section 24-56-102 (1), C.R.S.
(3.5) Displaced person has the same meaning as set forth in section 24-56-102 (2), C.R.S., and for purposes of this part 1 shall also include any individual,
family, or business concern displaced by the acquisition by eminent domain of real property by an authority.
(3.7) Governing body means the governing body of the municipality within
which an authority has been established in accordance with the requirements of this part 1.
(4) Obligee means any bondholder, agent, or trustee for any bondholder, or
any lessor demising to an authority property used in connection with an urban renewal project of the authority, or any assignee of such lessor's interest or any part thereof, and the federal government when it is a party to any contract or agreement with the authority.
(5) Public body means the state of Colorado or any municipality, quasi-municipal corporation, board, commission, authority, or other political subdivision or
public corporate body of the state.
(6) Real property means lands, lands under water, structures, and any and
all easements, franchises, incorporeal hereditaments, and every estate and right therein, legal and equitable, including terms for years and liens by way of judgment, mortgage, or otherwise.
(7) Slum area means an area in which there is a predominance of buildings
or improvements, whether residential or nonresidential, and which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire or other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime and is detrimental to the public health, safety, morals, or welfare.
(7.5) Urban-level development means an area in which there is a
predominance of either permanent structures or above-ground or at-grade infrastructure.
(8) Urban renewal area means a slum area, or a blighted area, or a
combination thereof which the local governing body designates as appropriate for an urban renewal project.
(8.5) Urban renewal authority or authority means a corporate body
organized pursuant to the provisions of this part 1 for the purposes, with the powers, and subject to the restrictions set forth in this part 1.
(9) Urban renewal plan means a plan, as it exists from time to time, for an
urban renewal project, which plan conforms to a general or master plan for the physical development of the municipality as a whole and which is sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the urban renewal area, zoning and planning changes, if any, land uses, maximum densities, building requirements, and the plan's relationship to definite local objectives respecting appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements.
(10) Urban renewal project means undertakings and activities for the
elimination and for the prevention of the development or spread of slums and blight and may involve slum clearance and redevelopment, or rehabilitation, or conservation, or any combination or part thereof, in accordance with an urban renewal plan. Such undertakings and activities may include:
(a) Acquisition of a slum area or a blighted area or portion thereof;
(b) Demolition and removal of buildings and improvements;
(c) Installation, construction, or reconstruction of streets, utilities, parks,
playgrounds, and other improvements necessary for carrying out the objectives of this part 1 in accordance with the urban renewal plan;
(d) Disposition of any property acquired or held by the authority as a part of
its undertaking of the urban renewal project for the urban renewal areas (including sale, initial leasing, or temporary retention by the authority itself) at the fair value of such property for uses in accordance with the urban renewal plan;
(e) Carrying out plans for a program through voluntary action and the
regulatory process for the repair, alteration, and rehabilitation of buildings or other improvements in accordance with the urban renewal plan; and
(f) Acquisition of any other property where necessary to eliminate
unhealthful, unsanitary, or unsafe conditions, lessen density, eliminate obsolete or other uses detrimental to the public welfare, or otherwise remove or prevent the spread of blight or deterioration or to provide land for needed public facilities.
Source: L. 75: Entire title R&RE, p. 1159, � 1, effective July 1. L. 99: (2)
amended, p. 529, � 1, effective May 3. L. 2004: (2)(f), (2)(h), (2)(j), (2)(k), and (2)(l) amended and (2)(k.5), (3.3), (3.5), and (3.7) added, p. 1745, �� 3, 2, effective June 4. L. 2005: IP(10) amended, p. 1264, � 3, effective June 3. L. 2010: (1) amended and (3.1), (7.5), and (8.5) added, (HB 10-1107), ch. 89, p. 298, � 2, effective June 1.
Editor's note: This section is similar to former � 31-25-103 as it existed prior
to 1975.
C.R.S. § 31-25-105
31-25-105. Powers of an authority. (1) Every authority has all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this part 1, including, but not limited to, the following powers in addition to others granted in this part 1:
(a) To sue and to be sued; to adopt and have a seal and to alter the same at
pleasure; to have perpetual succession; to make, and from time to time amend and repeal, bylaws, orders, rules, and regulations to effectuate the provisions of this part 1;
(b) To undertake urban renewal projects and to make and execute any and
all contracts and other instruments which it may deem necessary or convenient to the exercise of its powers under this part 1, including, but not limited to, contracts for advances, loans, grants, and contributions from the federal government or any other source;
(c) To arrange for the furnishing or repair by any person or public body of
services, privileges, works, streets, roads, public utilities, or educational or other facilities for or in connection with a project of the authority; to dedicate property acquired or held by it for public works, improvements, facilities, utilities, and purposes; and to agree, in connection with any of its contracts, to any conditions that it deems reasonable and appropriate under this part 1, including, but not limited to, conditions attached to federal financial assistance, and to include in any contract made or let in connection with any project of the authority provisions to fulfill such of said conditions as it may deem reasonable and appropriate;
(d) To arrange with the municipality or other public body to plan, replan,
zone, or rezone any part of the area of the municipality or of such other public body, as the case may be, in connection with any project proposed or being undertaken by the authority under this part 1;
(e) To enter, with the consent of the owner, upon any building or property in
order to make surveys or appraisals and to obtain an order for this purpose from a court of competent jurisdiction in the event entry is denied or resisted; to acquire any property by purchase, lease, option, gift, grant, bequest, devise, or otherwise to acquire any interest in property by condemnation, including a fee simple absolute title thereto, in the manner provided by the laws of this state for the exercise of the power of eminent domain by any other public body (and property already devoted to a public use may be acquired in a like manner except that no property belonging to the federal government or to a public body may be acquired without its consent); except that any acquisition of any interest in property by condemnation by an authority must be approved as part of an urban renewal plan or substantial modification thereof, as provided in section 31-25-107, by a majority vote of the governing body of the municipality in which such property is located, and the acquisition of property by condemnation by an authority shall also satisfy the requirements of section 31-25-105.5; to hold, improve, clear, or prepare for redevelopment any such property; to mortgage, pledge, hypothecate, or otherwise encumber or dispose of its property; and to insure or provide for the insurance of any property or operations of the authority against any risks or hazards; except that no provision of any other law with respect to the planning or undertaking of projects or the acquisition, clearance, or disposition of property by public bodies shall restrict an authority exercising powers under this part 1 in the exercise of such functions with respect to a project of such authority unless the general assembly specifically so states;
(f) (I) To invest any of its funds not required for immediate disbursement in
property or in securities in which public bodies may legally invest funds subject to their control pursuant to part 6 of article 75 of title 24, C.R.S., and to redeem such bonds as it has issued at the redemption price established therein or to purchase such bonds at less than redemption price, all such bonds so redeemed or purchased to be canceled;
(II) To deposit any funds not required for immediate disbursement in any
depository authorized in section 24-75-603, C.R.S. For the purpose of making such deposits, the authority may appoint, by written resolution, one or more persons to act as custodians of the funds of the authority. Such persons shall give surety bonds in such amounts and form and for such purposes as the authority requires.
(g) To borrow money and to apply for and accept advances, loans, grants,
and contributions from the federal government or other source for any of the purposes of this part 1 and to give such security as may be required;
(h) To make such appropriations and expenditures of its funds and to set up,
establish, and maintain such general, separate, or special funds and bank accounts or other accounts as it deems necessary to carry out the purposes of this part 1;
(i) To make or have made and to submit or resubmit to the governing body for
appropriate action the authority's proposed plans and modifications thereof necessary to the carrying out of the purposes of this part 1, such plan shall include, but not be limited to:
(I) Plans to assist the municipality in the latter's preparation of a workable
program for utilizing appropriate private and public resources to eliminate and prevent the development or spread of slum and blighted areas, to encourage needed urban rehabilitation, to provide for the redevelopment of slum and blighted areas, or to undertake such activities or other feasible municipal activities as may be suitably employed to achieve the objectives of such workable program, which program may include, without limitation, provision for: The prevention of the spread of blight into areas of the municipality which are free from blight through diligent enforcement of housing, zoning, and occupancy controls and standards; the rehabilitation or conservation of slum and blighted areas or portions thereof by replanning, removing congestion, providing public improvements, and encouraging rehabilitation and repair of deteriorated or deteriorating structures; and the clearance and redevelopment of slum and blighted areas or portions thereof;
(II) Urban renewal plans;
(III) Preliminary plans outlining proposed urban renewal activities for
neighborhoods of the municipality to embrace two or more urban renewal areas;
(IV) Plans for the relocation of those individuals, families, and business
concerns situated in the urban renewal area which will be displaced by the urban renewal project, which relocation plans, without limitation, may include appropriate data setting forth a feasible method for the temporary relocation of such individuals and families and showing that there will be provided, in the urban renewal area or in other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the individuals and families so displaced, decent, safe, and sanitary dwellings equal in number to the number of and available to such individuals and families and reasonably accessible to their places of employment;
(V) Plans for undertaking a program of voluntary repair and rehabilitation of
buildings and improvements and for the enforcement of state and local laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements and to the repair, rehabilitation, demolition, or removal of buildings and improvements;
(VI) Financing plans, maps, plats, appraisals, title searches, surveys, studies,
and other preliminary plans and work necessary or pertinent to any proposed plans or modifications;
(j) To make reasonable relocation payments to or with respect to individuals,
families, and business concerns situated in an urban renewal area that will be displaced as provided in subparagraph (IV) of paragraph (i) of this subsection (1) for moving expenses and actual direct losses of property including, for business concerns, goodwill and lost profits that are reasonably related to relocation of the business, resulting from their displacement for which reimbursement or compensation is not otherwise made, including the making of such payments financed by the federal government;
(k) To develop, test, and report methods and techniques and to carry out
demonstrations and other activities for the prevention and the elimination of slum and blighted areas within the municipality;
(l) To rent or to provide by any other means suitable quarters for the use of
the authority or to accept the use of such quarters as may be furnished by the municipality or any other public body, and to equip such quarters with such furniture, furnishings, equipment, records, and supplies as the authority may deem necessary to enable it to exercise its powers under this part 1.
Source: L. 75: Entire title R&RE, p. 1163, � 1, effective July 1. L. 79: (1)(f)
amended, p. 1619, � 21, effective June 8. L. 89: (1)(f)(I) amended, p. 1115, � 27, effective July 1. L. 90: (1)(e) amended, p. 1480, � 1, effective April 5. L. 99: (1)(j) amended, p. 530, � 2, effective May 3. L. 2004: (1)(e) amended, p. 1746, � 4, effective June 4.
Editor's note: This section is similar to former � 31-25-105 as it existed prior
to 1975.
C.R.S. § 31-25-112
31-25-112. Cooperation by public bodies with urban renewal authorities. (1) Any public body, within its powers, purposes, and functions and for the purpose of aiding an authority in or in connection with the planning or undertaking pursuant to this part 1 of any plans, projects, programs, works, operations, or activities of such authority whose area of operation is situated in whole or in part within the area in which such public body is authorized to act, upon such terms as such public body shall determine, may:
(a) Sell, convey, or lease any of such public body's property or grant
easements, licenses, or other rights or privileges therein to such authority;
(b) Incur the entire expense of any public improvements made by such public
body in exercising the powers mentioned in this section;
(c) Do all things necessary to aid or cooperate with such authority in or in
connection with the planning or undertaking of any such plans, projects, programs, works, operations, or activities;
(d) Enter into agreements with such authority respecting action to be taken
pursuant to any of the powers set forth in this part 1, including agreements respecting the planning or undertaking of any such plans, projects, programs, works, operations, or activities which such public body is otherwise empowered to undertake;
(e) Cause public buildings and public facilities, including parks, playgrounds,
recreational, community, educational, water, garbage disposal, sewer, sewage, sewerage, or drainage facilities, or any other public works, improvements, facilities, or utilities which such public body is otherwise empowered to undertake, to be furnished within the area in which such public body is authorized to act;
(f) Furnish, dedicate, accept dedication of, open, close, vacate, install,
construct, reconstruct, pave, repave, repair, rehabilitate, improve, grade, regrade, plan, or replan public streets, roads, roadways, parkways, alleys, sidewalks, and other public ways or places within the area in which such public body is authorized to act to the extent that such items or matters are, under any other law, otherwise within the jurisdiction of such public body;
(g) Plan or replan and zone or rezone any part of the area under the
jurisdiction of such public body or make exceptions from its building regulations; and
(h) Cause administrative or other services to be furnished to such authority.
(2) If at any time title to or possession of the whole or any portion of any
project of the authority under this part 1 is held by any governmental agency or public body (other than such authority) which is authorized by any law to engage in the undertaking, carrying out, or administration of any such project (including any agency or instrumentality of the United States), the provisions of the agreements referred to in paragraph (d) of subsection (1) of this section shall inure to the benefit of and may be enforced by such governmental agency or public body.
(3) Any public body referred to as such in subsection (1) of this section may
(in addition to its authority pursuant to any other law to issue its bonds for any purposes) issue and sell its bonds for any of the purposes of such public body which are stated in this section; except that any such bonds of such a public body which are issuable as provided in this subsection (3) may be issued only in the manner and otherwise in conformity with the applicable provisions and limitations prescribed by the state constitution and the laws of this state and, in the case of a home rule municipality, the applicable provisions of its home rule charter for the authorization and issuance by such public body of its general obligation bonds, revenue bonds, special assessment bonds, or special obligation bonds, accordingly as the bonds are general obligation bonds, revenue bonds, special assessment bonds, or special obligation bonds.
(4) Without limiting the generality of any of the provisions of this part 1, but
within any limitations provided by the applicable provisions of the state constitution and, in the case of any home rule municipality, the applicable provisions of its home rule charter:
(a) Any public body may appropriate such of its funds and make such
expenditures of its funds as it deems necessary for it to undertake any of its powers, functions, or activities mentioned in this part 1 including, particularly, its powers, functions, and activities mentioned in subsections (1) to (3) of this section; and
(b) Any municipality may levy taxes and assessments in order for it to
undertake, carry out, or accomplish any of its powers, functions, or activities mentioned in this part 1, including, particularly, its powers, functions, and activities mentioned in the provisions of subsections (1) to (3) of this section.
(5) For the advancement of the public interest and for the purpose of aiding
and cooperating in the planning, acquisition, demolition, rehabilitation, construction, or relocation, or otherwise assisting the operation or activities of an urban renewal project located wholly or partly within the area in which it is authorized to act, a public body may enter into agreements which may extend over any period, notwithstanding any provision of law to the contrary, with an authority respecting action taken or to be taken pursuant to any of the powers granted by this part 1.
Source: L. 75: Entire title R&RE, p. 1172, � 1, effective July 1; (5) R&RE, p. 1278,
� 3, effective July 16.
Editor's note: This section is similar to former � 31-25-112 as it existed prior
to 1975.
C.R.S. § 31-25-1303
31-25-1303. Definitions. As used in this part 13, unless the context otherwise requires:
(1) Agency means any home rule or statutory city, town, territorial charter
city, city and county, or any other political subdivision that a municipality may create pursuant to state law that is a budgetary unit exercising construction contracting authority or discretion.
(2) Contract means any agreement for designing, building, altering,
repairing, improving, demolishing, operating, maintaining, or financing a public project.
(3) Cost-reimbursement contract means a contract under which a
participating entity is reimbursed for costs that are allowable and allocable in accordance with the contract terms and provisions of this part 13.
(4) Integrated project delivery or IPD means a project delivery method in
which there is a contractual agreement between an agency and a single participating entity for the design, construction, alteration, operation, repair, improvement, demolition, maintenance, or financing, or any combination of these services, for a public project.
(5) IPD contract means a contract using an integrated project delivery
method.
(6) Participating entity means a partnership, corporation, joint venture,
unincorporated association, or other legal entity that provides appropriately licensed planning, architectural, engineering, development, construction, operating, or maintenance services as needed in connection with an IPD contract.
(7) Public project means any lands, buildings, structures, works, machinery,
equipment, or facilities suitable for and intended for use as public property for public purposes or suitable for and intended for use in the promotion of the public health, public welfare, or public education, to the extent the boundaries of an agency and a school district are coterminous, or for the conservation of natural resources, including the planning of any such lands, buildings, improvements, structures, works, machinery, equipment, or facilities. Public project shall also include existing lands, buildings, improvements, structures, works, and facilities, as well as improvements, renovations, or additions to any such lands, buildings, improvements, structures, works, or facilities and any operation or maintenance programs for the operation and upkeep of such projects.
(8) Public purposes includes, but is not limited to, the supplying of public
water services and facilities, public sewer services and facilities, and lands, buildings, improvements, equipment, and facilities for public education, to the extent the boundaries of the agency and the school district are coterminous.
Source: L. 2007: Entire part added, p. 1815, � 3, effective August 3.
C.R.S. § 32-1-1803
32-1-1803. Definitions. As used in this part 18, unless the context otherwise requires:
(1) Agency means any special district organized under this title or any
other political subdivision that such district may create pursuant to state law that is a budgetary unit exercising construction contracting authority or discretion.
(2) Contract means any agreement for designing, building, altering,
repairing, improving, demolishing, operating, maintaining, or financing a public project.
(3) Cost-reimbursement contract means a contract under which a
participating entity is reimbursed for costs that are allowable and allocable in accordance with the contract terms and provisions of this part 18.
(4) Integrated project delivery or IPD means a project delivery method in
which there is a contractual agreement between an agency and a single participating entity for the design, construction, alteration, operation, repair, improvement, demolition, maintenance, or financing, or any combination of these services, for a public project.
(5) IPD contract means a contract using an integrated project delivery
method.
(6) Participating entity means a partnership, corporation, joint venture,
unincorporated association, or other legal entity that provides appropriately licensed planning, architectural, engineering, development, construction, operating, or maintenance services as needed in connection with an IPD contract.
(7) Public project means any lands, buildings, structures, works, machinery,
equipment, or facilities suitable for and intended for use as public property for public purposes or suitable for and intended for use in the promotion of the public health, public welfare, or public education, to the extent the boundaries of an agency and a school district are coterminous, or for the conservation of natural resources, including the planning of any such lands, buildings, improvements, structures, works, machinery, equipment, or facilities. Public project shall also include existing lands, buildings, improvements, structures, works, and facilities, as well as improvements, renovations, or additions to any such lands, buildings, improvements, structures, works, or facilities, and any operation or maintenance programs for the operation and upkeep of such projects.
(8) Public purposes includes, but is not limited to, the supplying of public
water services and facilities, public sewer services and facilities, and lands, buildings, structures, improvements, equipment, and any other services or facilities authorized under this article or for public education to the extent the boundaries of the agency and the school district are coterminous.
Source: L. 2007: Entire part added, p. 1819, � 4, effective August 3.
C.R.S. § 38-12-1303
38-12-1303. Cause for eviction required - no-fault evictions. (1) A landlord shall not serve a notice to terminate tenancy or a demand for possession or otherwise proceed with an action for unlawful detainer pursuant to article 40 of title 13 unless there is cause for the eviction.
(2) For the purposes of subsection (1) of this section, cause exists only as
described in the following sections:
(a) Section 13-40-104 (1)(a) for when entry is made without right or title into
any vacant or unoccupied lands or tenements;
(b) Section 13-40-104 (1)(b) for when entry is made wrongfully into certain
public lands, tenements, mining claims, or other possessions;
(c) Section 13-40-104 (1)(c) for when a lessee or tenant at will, or at
sufferance, of any nonresidential real property or residential premises described in section 38-12-1302 (1)(a), (1)(b), (1)(d), (1)(e), or (1)(f) holds over and continues in possession of the property or premises, or any portion of the property or premises, after the expiration of the term for which the property or premises was leased or after the tenancy, at will or at sufferance, has been terminated by either party;
(d) Section 13-40-104 (1)(d) for nonpayment of rent;
(e) Section 13-40-104 (1)(d.5) for a substantial violation, as described in
section 13-40-107.5;
(f) Section 13-40-104 (1)(e) for a material violation of the lease or rental
agreement;
(g) Section 13-40-104 (1)(e.5) for a repeat violation after receipt of proper
notice of a violation;
(h) Section 13-40-104 (1)(e.8) and subsection (3) of this section concerning
no-fault evictions;
(i) Section 13-40-104 (1)(f) for possession after a legal sale;
(j) Section 13-40-104 (1)(g) for when property has been sold under a
judgment or decree and the party or privies to the judgment or decree refuse or neglect to surrender possession after the expiration of the time of redemption, when redemption is allowed by law, after the purchaser demands the property;
(k) Section 13-40-104 (1)(h) for when an heir or devisee continues in
possession of a premises sold and conveyed by a personal representative;
(l) Section 13-40-104 (1)(i) for a vendee that holds over after failing to comply
with an agreement to purchase lands or tenements; and
(m) Section 13-40-104 (1)(j) for when a tenant has engaged in conduct that
creates a nuisance or disturbance that interferes with the quiet enjoyment of the landlord or other tenants at the property or where the tenant is negligently damaging the property.
(3) In addition to the requirements of subsection (5) of this section, the
following conditions constitute grounds for a no-fault eviction of a tenant:
(a) Demolition or conversion of residential premises. When a landlord plans
to demolish a residential premises, convert it to a nonresidential use, or convert it to a short-term rental property, the landlord may initiate a no-fault eviction of a tenant of the residential premises at the end of the term of the rental agreement so long as the landlord:
(I) Allows the tenant at least ninety days after receiving the written notice
described in subsection (3)(a)(II) of this section to vacate the residential premises, during which time the tenant may remain in possession of the residential premises under the same terms of the tenant's existing rental agreement; and
(II) Provides the tenant proper service of a written notice of the no-fault
eviction, which written notice includes:
(A) The date by which the tenant must vacate the residential premises, which
date must be at least ninety days after the date upon which the landlord provides the written notice to the tenant; and
(B) A description and timeline of the demolition or conversion of the
residential premises and a material demonstration of the proposed date upon which the project will commence, such as a copy of a building permit or application for a permit or license to operate a short-term rental property, where applicable.
(b) Substantial repairs or renovations. (I) Except as described in subsection
(3)(b)(II) of this section, when a landlord plans to make substantial repairs or renovations to a residential premises, the landlord may initiate a no-fault eviction of a tenant of the residential premises at the end of the term of the rental agreement so long as the landlord:
(A) Allows the tenant at least ninety days after receiving the written notice
described in subsection (3)(b)(I)(B) of this section to vacate the residential premises, during which time the tenant may remain in possession of the residential premises under the same terms of the tenant's existing rental agreement;
(B) Provides the tenant proper service of a written notice of the no-fault
eviction, which written notice includes the date by which the tenant must vacate the residential premises, which date must be at least ninety days after the date upon which the landlord provides the written notice to the tenant;
(C) Provides the tenant an expected completion date and a general
description of the substantial repairs or renovations to the residential premises;
(D) Proceeds without unreasonable delay to effect the substantial repairs or
renovations upon the landlord's recovery of possession of the residential premises; and
(E) For any repairs or renovations expected to last less than one hundred
eighty days, provides the tenant a written notice sent in a manner that the landlord typically uses to communicate with the tenant, which notice includes the expected completion date for the repairs or renovations. If, within ten days after receiving the notice, the tenant notifies the landlord that the tenant wants to return to the residential premises, the landlord shall offer the tenant the first right of refusal to sign a new rental agreement with reasonable terms. If the tenant accepts the new rental agreement, the tenant has thirty days to occupy the residential premises unless the parties mutually agree on an extended timeline in writing.
(II) A landlord shall not initiate a no-fault eviction of a tenant as described in
subsection (3)(b)(I) of this section if the substantial repairs or renovations that are the alleged basis of the no-fault eviction are:
(A) Required in order for the landlord to satisfy all required remedial action
described in section 38-12-503 concerning a breach of the warranty of habitability; or
(B) Initiated by the landlord in retaliation against the tenant, as described in
section 38-12-509 (1).
(c) Landlord or family member of landlord assumes occupancy. (I) When a
landlord plans to recover possession of a residential premises for the landlord's own use and occupancy as a residence, or for the use and occupancy as a residence by the landlord's family member, the landlord may initiate a no-fault eviction of a tenant of the residential premises at the end of the term of the rental agreement so long as:
(A) Except as described in subsection (3)(c)(III) of this section, the landlord or
the landlord's family member moves into the residential premises within three months after the tenant vacates the residential premises;
(B) Except as described in subsection (3)(c)(II) of this section, the landlord
provides the tenant proper service of a written notice of the no-fault eviction at least ninety days before the date by which the tenant must vacate the residential premises, during which time the tenant may remain in possession of the residential premises under the same terms of the tenant's existing rental agreement;
(C) No substantially equivalent unit is vacant and available to house the
landlord or the landlord's family member in the same building; and
(D) The landlord does not list the residential premises for a long-term or
short-term rental for at least ninety days after the date the tenant is required to vacate.
(II) If the landlord is an individual on active military duty for the United States
military forces or a spouse of such an individual, the landlord must provide the tenant proper service of a written notice of the no-fault eviction at least forty-five days before the date by which the tenant must vacate the residential premises, during which time the tenant may remain in possession of the residential premises under the same terms of the tenant's existing rental agreement.
(III) If the landlord or the landlord's family member is a person with a
disability, the landlord may extend for a reasonable time the period of time described in subsection (3)(c)(I)(A) of this section to allow for changes to be made to the residential premises to accommodate the family member with the disability.
(d) Withdrawal from rental market for the purpose of selling the residential
premises. (I) When a landlord plans to sell a residential premises that is a single-family home, a townhome, a duplex, a triplex, or an individual condominium unit, the landlord may initiate a no-fault eviction of a tenant of the residential premises at the end of the term of the rental agreement so long as the landlord:
(A) Allows the tenant at least ninety days after receiving the written notice
described in subsection (3)(d)(I)(B) of this section to vacate the residential premises, during which time the tenant may remain in possession of the residential premises under the same terms of the tenant's existing rental agreement;
(B) Provides the tenant proper service of a written notice of the landlord's
intent to withdraw the residential premises from the rental market and sell the residential premises, which notice includes the date on which the tenant will be required to vacate; and
(C) Does not list the residential premises for a long-term or short-term rental
for at least ninety days after the date on which the tenant is required to vacate; except that this subsection (3)(d)(I)(C) does not apply if the landlord produces evidence that the residential premises was listed for sale on a multiple-listing service after the tenant was required to vacate.
(II) Nothing in this subsection (3)(d) may be construed to allow a landlord to
initiate a no-fault eviction or otherwise terminate a rental agreement without cause before the end of the term of the rental agreement.
(e) Tenant refuses to sign new lease with reasonable terms. If a tenant
refuses to sign a new rental agreement with reasonable terms, the landlord may initiate a no-fault eviction of the tenant so long as the landlord:
(I) Allows the tenant at least ninety days after receiving the notice described
in subsection (3)(e)(II) of this section to vacate the residential premises after the tenant has refused to sign the new rental agreement, during which time the tenant may remain in possession of the residential premises under the same terms as the tenant's existing rental agreement; and
(II) Provides the tenant proper service of a written notice of the landlord's
intent to terminate the tenancy, which notice includes the date on which the tenant will be required to vacate.
(f) History of nonpayment of rent. (I) If a tenant submits a rent payment late
more than two times during the period of the rental agreement, the landlord may initiate a no-fault eviction of the tenant at the end of the term of the rental agreement so long as the landlord:
(A) Allows the tenant at least ninety days after receiving the notice
described in subsection (3)(f)(I)(B) of this section to vacate the residential premises, during which time the tenant may remain in possession of the residential premises under the same terms as the tenant's existing rental agreement; and
(B) Provides the tenant proper service of a written notice of the landlord's
intent to terminate the tenancy, which notice includes the date on which the tenant will be required to vacate.
(II) For purposes of this subsection (3)(f), a rent payment qualifies as late if it
is submitted more than ten calendar days after the day it is due according to the rental agreement and the landlord provides the tenant with proper service of a written notice under section 13-40-104 (1)(d).
(III) This subsection (3)(f) does not apply if the rent payment is submitted
within the cure period described in section 13-40-104 (1)(d).
(4) Nothing in this section shall be construed to impact the interpretation of
the meaning of the term good cause as the term is used in federal law or federal regulations.
(5) (a) A landlord may proceed with a no-fault eviction of a tenant by filing an
action under article 40 of title 13 only if the landlord provides proper service of a written notice of the no-fault eviction and the tenant fails to vacate on or before the deadline stated in the notice.
(b) A written notice provided pursuant to subsection (3) of this section must
include a statement of the legal and factual basis for the landlord's no-fault eviction of the tenant, which legal basis must be set forth in subsection (3) of this section.
Source: L. 2024: Entire part added, (HB 24-1098), ch. 113, p. 355, � 2,
effective April 19.
C.R.S. § 39-1-102
39-1-102. Definitions. As used in articles 1 to 13 of this title 39, unless the context otherwise requires:
(1) Administrator means the property tax administrator.
(1.1) (a) Agricultural and livestock products means plant or animal products
in a raw or unprocessed state that are derived from the science and art of agriculture, regardless of the use of the product after its sale and regardless of the entity that purchases the product. Agriculture, for the purposes of this subsection (1.1), means farming, ranching, animal husbandry, and horticulture.
(b) On and after January 1, 2023, for the purposes of this subsection (1.1),
agricultural and livestock products includes crops grown within a controlled environment agricultural facility in a raw or unprocessed state for human or livestock consumption. For the purposes of this subsection (1.1)(b), agricultural and livestock products does not include marijuana, as defined in section 18-18-102 (18)(a), or any other nonfood crop agricultural products.
(1.3) Agricultural equipment that is used on the farm or ranch or in a CEA
facility in the production of agricultural products:
(a) Means any personal property used on a farm or ranch, as defined in
subsections (3.5) and (13.5) of this section, for planting, growing, and harvesting agricultural products or for raising or breeding livestock for the primary purpose of obtaining a monetary profit; and
(b) Includes:
(I) Any mechanical system used on the farm or ranch for the conveyance and
storage of animal products in a raw or unprocessed state, regardless of whether or not such mechanical system is affixed to real property;
(II) Silviculture personal property that is designed, adapted, and used for the
planting, growing, maintenance, or harvesting of trees in a raw or unprocessed state;
(III) Any personal property within a facility, whether attached to a building or
not, that is capable of being removed from the facility, and is used in direct connection with the operation of a controlled environment agricultural facility, which facility is used solely for planting, growing, or harvesting crops in a raw or unprocessed state; and
(IV) Any personal property within a greenhouse, whether attached to the
greenhouse or not, that is capable of being removed from the greenhouse and is used in direct connection with the operation of a greenhouse, which greenhouse is used solely for planting or growing crops in a raw or unprocessed state, and the sole purpose of growing crops in the greenhouse is to obtain a monetary profit from the wholesale of plant-based food for human or livestock consumption.
(1.6) (a) Agricultural land, whether used by the owner of the land or a
lessee, means one of the following:
(I) (A) A parcel of land, whether located in an incorporated or unincorporated
area and regardless of the uses for which such land is zoned, that was used the previous two years and presently is used as a farm or ranch, as defined in subsections (3.5) and (13.5) of this section, or that is in the process of being restored through conservation practices. Such land must have been classified or eligible for classification as agricultural land, consistent with this subsection (1.6), during the ten years preceding the year of assessment. Such land must continue to have actual agricultural use. Agricultural land under this subparagraph (I) shall not include two acres or less of land on which a residential improvement is located unless the improvement is integral to an agricultural operation conducted on such land. Agricultural land also includes the land underlying other improvements if such improvements are an integral part of the farm or ranch and if such other improvements and the land area dedicated to such other improvements are typically used as an ancillary part of the operation. The use of a portion of such land for hunting, fishing, or other wildlife purposes, for monetary profit or otherwise, shall not affect the classification of agricultural land. For purposes of this subparagraph (I), a parcel of land shall be in the process of being restored through conservation practices if: The land has been placed in a conservation reserve program established by the natural resources conservation service pursuant to 7 U.S.C. secs. 1 to 5506; or a conservation plan approved by the appropriate conservation district has been implemented for the land for up to a period of ten crop years as if the land has been placed in such a conservation reserve program.
(B) A residential improvement shall be deemed to be integral to an
agricultural operation for purposes of sub-subparagraph (A) of this subparagraph (I) if an individual occupying the residential improvement either regularly conducts, supervises, or administers material aspects of the agricultural operation or is the spouse or a parent, grandparent, sibling, or child of the individual.
(II) A parcel of land that consists of at least forty acres, that is forest land,
that is used to produce tangible wood products that originate from the productivity of such land for the primary purpose of obtaining a monetary profit, that is subject to a forest management plan, and that is not a farm or ranch, as defined in subsections (3.5) and (13.5) of this section. Agricultural land under this subparagraph (II) includes land underlying any residential improvement located on such agricultural land.
(III) A parcel of land that consists of at least eighty acres, or of less than
eighty acres if such parcel does not contain any residential improvements, and that is subject to a perpetual conservation easement, if such land was classified by the assessor as agricultural land under subparagraph (I) or (II) of this paragraph (a) at the time such easement was granted, if the grant of the easement was to a qualified organization, if the easement was granted exclusively for conservation purposes, and if all current and contemplated future uses of the land are described in the conservation easement. Agricultural land under this subparagraph (III) does not include any portion of such land that is actually used for nonagricultural commercial or nonagricultural residential purposes.
(IV) A parcel of land, whether located in an incorporated or unincorporated
area and regardless of the uses for which such land is zoned, used as a farm or ranch, as defined in subsections (3.5) and (13.5) of this section, if the owner of the land has a decreed right to appropriated water granted in accordance with article 92 of title 37, C.R.S., or a final permit to appropriated groundwater granted in accordance with article 90 of title 37, C.R.S., for purposes other than residential purposes, and water appropriated under such right or permit shall be and is used for the production of agricultural or livestock products on such land;
(V) A parcel of land, whether located in an incorporated or unincorporated
area and regardless of the uses for which such land is zoned, that has been reclassified from agricultural land to a classification other than agricultural land and that met the definition of agricultural land as set forth in subparagraphs (I) to (IV) of this paragraph (a) during the three years before the year of assessment. For purposes of this subparagraph (V), the parcel of land need not have been classified or eligible for classification as agricultural land during the ten years preceding the year of assessment as required by subparagraph (I) of this paragraph (a).
(b) (I) Except as provided in subparagraph (II) of this paragraph (b), all other
agricultural property that does not meet the definition set forth in paragraph (a) of this subsection (1.6) shall be classified as all other property and shall be valued using appropriate consideration of the three approaches to appraisal based on its actual use on the assessment date.
(II) On and after January 1, 2015, all other agricultural property includes
greenhouse and nursery production areas used to grow food products, agricultural products, or horticultural stock for wholesale purposes only that originate above the ground.
(c) An assessor must determine, based on sufficient evidence, that a parcel
of land does not qualify as agricultural land, as defined in subparagraph (IV) of paragraph (a) of this subsection (1.6), before land may be changed from agricultural land to any other classification.
(d) Notwithstanding any other provision of law to the contrary, property that
is used solely for the cultivation of medical marijuana shall not be classified as agricultural land.
(2) Assessor means the elected assessor of a county, or his or her
appointed successor, and, in the case of the city and county of Denver, such equivalent officer as may be provided by its charter, and, in the case of the city and county of Broomfield, such equivalent officer as may be provided by its charter or code.
(2.5) Bed and breakfast means an overnight lodging establishment,
whether owned by a natural person or any legal entity, that is a residential dwelling unit or an appurtenance thereto, in which the innkeeper resides, or that is a building designed but not necessarily occupied as a single family residence that is next to, or directly across the street from, the innkeeper's residence, and in either circumstance, in which:
(a) Lodging accommodations are provided for a fee;
(b) At least one meal per day is provided at no charge other than the fee for
the lodging accommodations; and
(c) There are not more than thirteen sleeping rooms available for transient
guests.
(3) Board means the board of assessment appeals.
(3.1) Commercial lodging area means a guest room or a private or shared
bathroom within a bed and breakfast that is offered for the exclusive use of paying guests on a nightly or weekly basis. Classification of a guest room or a bathroom as a commercial lodging area shall be based on whether at any time during a year such rooms are offered by an innkeeper as nightly or weekly lodging to guests for a fee. Classification shall not be based on the number of days that such rooms are actually occupied by paying guests.
(3.2) Conservation purpose means any of the following purposes as set
forth in section 170 (h) of the federal Internal Revenue Code of 1986, as amended:
(a) The preservation of land areas for outdoor recreation, the education of
the public, or the protection of a relatively natural habitat for fish, wildlife, plants, or similar ecosystems; or
(b) The preservation of open space, including farmland and forest land,
where such preservation is for the scenic enjoyment of the public or is pursuant to a clearly delineated federal, state, or local government conservation policy and where such preservation will yield a significant public benefit.
(3.3) Controlled environment agricultural facility or CEA facility means a
nonresidential structure and related equipment and appurtenances that combines engineering, horticultural science, and computerized management techniques to optimize hydroponics, plant quality, and food production efficiency from the land's water for human or livestock consumption. The sole purpose of growing crops in a CEA facility is to obtain a monetary profit from the wholesale of plant-based food for human or livestock consumption.
(3.5) Farm means a parcel of land which is used to produce agricultural
products that originate from the land's productivity for the primary purpose of obtaining a monetary profit.
(3.7) Fee simple estate means the largest possible estate allowed by law,
an estate that has potentially infinite duration.
(4) Fixtures means those articles which, although once movable chattels,
have become an accessory to and a part of real property by having been physically incorporated therein or annexed or affixed thereto. Fixtures includes systems for the heating, air conditioning, ventilation, sanitation, lighting, and plumbing of such building. Fixtures does not include machinery, equipment, or other articles related to a commercial or industrial operation which are affixed to the real property for proper utilization of such articles. In addition, for property tax purposes only, fixtures does not include security devices and systems affixed to any residential improvements, including but not limited to security doors, security bars, and alarm systems.
(4.3) Forest land means land of which at least ten percent is stocked by
forest trees of any size and includes land that formerly had such tree cover and that will be naturally or artificially regenerated. Forest land includes roadside, streamside, and shelterbelt strips of timber which have a crown width of at least one hundred twenty feet. Forest land includes unimproved roads and trails, streams, and clearings which are less than one hundred twenty feet wide.
(4.4) Forest management plan means an agreement which includes a plan
to aid the owner of forest land in increasing the health, vigor, and beauty of such forest land through use of forest management practices and which has been either executed between the owner of forest land and the Colorado state forest service or executed between the owner of forest land and a professional forester and has been reviewed and has received a favorable recommendation from the Colorado state forest service. The Colorado forest service shall annually inspect each parcel of land subject to a forest management plan to determine if the terms and conditions of such plan are being complied with and shall report by March 1 of each year to the assessor in each affected county the legal descriptions of the properties and the names of their owners that are eligible for the agricultural classification. The report shall also contain the legal descriptions of those properties and the names of their owners that no longer qualify for the agricultural classification because of noncompliance with their forest management plans. No property shall be entitled to the agricultural classification unless the legal description and the name of the owner appear on the report submitted by the Colorado state forest service. The Colorado state forest service shall charge a fee for the inspection of each parcel of land in such amount for the reasonable costs incurred by the Colorado state forest service in conducting such inspections. Such fee shall be paid by the owner of such land prior to such inspection. Any fees collected pursuant to this subsection (4.4) shall be subject to annual appropriation by the general assembly.
(4.5) Forest management practices means practices accepted by
professional foresters which control forest establishment, composition, density, and growth for the purpose of producing forest products and associated amenities following sound business methods and technical forestry principles.
(4.6) Forest trees means woody plants which have a well-developed stem
or stems, which are usually more than twelve feet in height at maturity, and which have a generally well-defined crown.
(5) Repealed.
(5.5) (a) Hotels and motels means improvements and the land associated
with such improvements that are used by a business establishment primarily to provide lodging, camping, or personal care or health facilities to the general public and that are predominantly used on an overnight or weekly basis; except that hotels and motels does not include:
(I) A residential unit, except for a residential unit that is a hotel unit;
(II) A residential unit that would otherwise be classified as a hotel unit if the
residential unit is held as inventory by a developer primarily for sale to customers in the ordinary course of the developer's trade or business, is marketed for sale by the developer, and either has been held by the developer for less than two years since the certificate of occupancy for the residential unit has been issued or is not depreciated under the internal revenue code, as defined in section 39-22-103 (5.3), while owned by the developer; or
(III) A residential unit that would otherwise be classified as a hotel unit if the
residential unit has been acquired by a lender or an owners' association through foreclosure, a deed in lieu of foreclosure, or a similar transaction, is marketed for sale by the lender or owners' association and is not depreciated under the internal revenue code, as defined in section 39-22-103 (5.3), while owned by the lender or owners' association.
(IV) Repealed.
(b) If any time share estate, time share use period, undivided interest, or
other partial ownership interest in any hotel unit is owned by any non-hotel unit owner, then, unless a declaration or other express agreement binding on the non-hotel unit owners and the hotel unit owners provides otherwise:
(I) The hotel unit owners shall pay the taxes on the hotel unit not required to
be paid by the non-hotel unit owners pursuant to subparagraph (II) of this paragraph (b).
(II) Each non-hotel unit owner shall pay that portion of the taxes on the hotel
unit equal to the non-hotel unit owner's ownership or usage percentage of the hotel unit multiplied by the property tax that would have been levied on the hotel unit if the actual value and valuation for assessment of the hotel unit had been determined as if the hotel unit was residential real property.
(III) For purposes of determining the amount due from any hotel unit owner
or non-hotel unit owner pursuant to subparagraph (II) of this paragraph (b), the assessor shall, upon the request of any hotel unit owner or non-hotel unit owner, calculate the property tax that would have been levied on the hotel unit if the actual value and valuation for assessment of the hotel unit had been determined as if the hotel unit were residential real property. A hotel unit owner or non-hotel unit owner may petition the county board of equalization for review of the assessor's calculation pursuant to the procedures set forth in section 39-10-114. Any appeal from the decision of the county board shall be governed by section 39-10-114.5.
(c) As used in this subsection (5.5):
(I) Condominium unit means a unit, as defined in section 38-33.3-103 (30),
C.R.S., and also includes a time share unit.
(II) Hotel unit owners means any person or member of a group of related
persons whose ownership and use of a residential unit cause the residential unit to be classified as a hotel unit.
(III) Hotel units means more than four residential unit ownership
equivalents in a project that are owned, in whole or in part, directly, or indirectly through one or more intermediate entities, by one person or by a group of related persons if the person or group of related persons uses the residential units or parts thereof in connection with a business establishment primarily to provide lodging, camping, or personal care or health facilities to the general public predominantly on an overnight or weekly basis. Hotel unit means any residential unit included in hotel units. For purposes of this subparagraph (III):
(A) Control means the power to direct the business or affairs of an entity
through direct or indirect ownership of stock, partnership interests, membership interests, or other forms of beneficial interests.
(B) Related persons means individuals who are members of the same
family, including only spouses and minor children, or persons who control, are controlled by, or are under common control with each other. Persons are not related persons solely because they engage a common agent to manage or rent their residential units, they are members of an owners' association or similar group, they enter into a tenancy in common or a similar agreement with respect to undivided interests in a residential unit, or any combination of the foregoing.
(IV) Project means one or more improvements that contain residential units
if the boundaries of the residential units are described in or determined by the same declaration, as defined in section 38-33.3-103 (13), C.R.S.
(V) Residential unit means a condominium unit, a single family residence,
or a townhome.
(VI) Non-hotel unit owner means any owner of a time share estate, time
share use period, undivided interest, or other partial ownership interest in any hotel unit who is not a hotel unit owner with respect to the hotel unit.
(VII) Residential unit ownership equivalent means:
(A) In the case of time share units, time share interests or time share use
periods in one or more time share units that in the aggregate entitle the owner of such time share interests or time share use periods to three hundred sixty-five days of use in any calendar year or three hundred sixty-six days of use in any calendar year that is a leap year; and
(B) In the case of residential units other than time share units, undivided
interests or other ownership interests in one or more such residential units that total one hundred percent. For purposes of this sub-subparagraph (B), any undivided interest or other ownership interest not stated in terms of a percentage of total ownership shall be converted to a percentage of total ownership based on the rights accorded to the holder of the undivided interest or other ownership interest.
(VIII) Time share unit means a condominium unit that is divided into time
share estates as defined in section 38-33-110 (5) or that is subject to a time share use as defined in section 12-10-501 (4).
(5.6) Hotels and motels as defined in subsection (5.5) of this section shall
not include bed and breakfasts.
(6) Household furnishings means that personal property, other than
fixtures, in residential structures and buildings which is not used for the production of income at any time.
(6.2) Hydroponics means a system in which water soluble primary or
secondary plant nutrients or micronutrients, or a combination of such nutrients, are placed in intimate contact with a plant's root system that is being grown in water or an inert supportive medium that supplies physical support for the roots.
(6.3) Improvements means all structures, buildings, fixtures, fences, and
water rights erected upon or affixed to land, whether or not title to such land has been acquired.
(6.8) Independently owned residential solar electric generation facility
means personal property that:
(a) Is located on residential real property;
(b) Is owned by a person other than the owner of the residential real
property;
(c) Is installed on the customer's side of the meter;
(d) Is used to produce electricity from solar energy primarily for use in the
residential improvements located on the residential real property; and
(e) Has a production capacity of no more than one hundred kilowatts.
(7) (Deleted by amendment, L. 2010, (HB 10-1267), ch. 425, p. 2198, � 1,
effective August 11, 2010.)
(7.1) Innkeeper means the owner, operator, or manager of a bed and
breakfast.
(7.2) Inventories of merchandise and materials and supplies which are held
for consumption by a business or are held primarily for sale means those classes of personal property which are held primarily for sale by a business, farm, or ranch, including components of personal property to be held for sale, or which are held for consumption by a business, farm, or ranch, or which are rented for thirty days or less. For the purposes of this subsection (7.2), personal property rented for thirty days or less means personal property rented for thirty days or less which can be returned at the option of the person renting the property, in a transaction on which the sales or use tax is actually collected before being finally sold, whether or not such personal property is subject to depreciation. It is the purpose of the general assembly to exempt personal property rented for thirty days or less from property tax because of the similarity of such property to inventories of merchandise held by retail stores. Further, the general assembly intends this exemption to encompass a transaction under a rental agreement in which the customer pays rent in order to use an item for a brief period of time; it is not intended to encompass an equipment lease contract covering a specific period of time and which includes financial penalties for early cancellation. Except for personal property rented for thirty days or less, the term inventories of merchandise and materials and supplies which are held for consumption by a business or are held primarily for sale does not include personal property which is held for rent or lease or is subject to an allowance for depreciation. For property tax years commencing on or after January 1, 1984, the term does include inventory which is owned by and which is in the possession of the manufacturer of such inventory unless:
(a) Such inventory is in the possession of the manufacturer after having
previously been leased by the manufacturer to a customer; and
(b) Such manufacturer has not designated such inventory for scrapping,
substantial reconditioning, renovating, or remanufacturing in accordance with its customary practices. For the purposes of this paragraph (b), normal maintenance shall not constitute substantial reconditioning, renovating, or remanufacturing.
(7.5) Repealed.
(7.7) Livestock includes all animals.
(7.8) Manufactured home means any preconstructed building unit or
combination of preconstructed building units that:
(a) Includes electrical, mechanical, or plumbing services that are fabricated,
formed, or assembled at a location other than the residential site of the completed home;
(b) Is designed and used for residential occupancy in either temporary or
permanent locations;
(c) Is constructed in compliance with the National Manufactured Housing
Construction and Safety Standards Act of 1974, 42 U.S.C. sec. 5401 et seq., as amended;
(d) Does not have motive power;
(e) Is not licensed as a vehicle; and
(f) Is eligible for a certificate of title pursuant to part 1 of article 29 of title
38, C.R.S.
(7.9) Minerals in place means, without exception, metallic and nonmetallic
mineral substances of every kind while in the ground.
(8) Mobile home means a manufactured home built prior to the adoption of
the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. sec. 5401 et seq., as amended.
(8.3) Modular home means any preconstructed factory-built building that:
(a) Is ineligible for a certificate of title pursuant to part 1 of article 29 of title
38, C.R.S.;
(b) Is not constructed in compliance with the National Manufactured
Housing Construction and Safety Standards Act of 1974, 42 U.S.C. sec. 5401 et seq., as amended; and
(c) Is constructed in compliance with building codes adopted by the division
of housing in the department of local affairs.
(8.4) Natural cause means fire, explosion, flood, tornado, action of the
elements, act of war or terror, or similar cause beyond the control of and not caused by the party holding title to the property destroyed.
(8.5) Not for private gain or corporate profit means the ownership and use
of property whereby no person with any connection to the owner thereof shall receive any pecuniary benefit except for reasonable compensation for services rendered and any excess income over expenses derived from the operation or use of the property and all proceeds from the sale of the property of the owner shall be devoted to the furthering of any exempt purpose.
(8.6) (a) Nursing home means a nursing care facility, regardless of a
resident's length of stay, that is licensed by the department of public health and environment under section 25-1.5-103 (1) and that meets the definition of a nursing care facility as set forth in the department of public health and environment regulations, including a nursing care facility that provides convalescent care or rehabilitation services such as physical and occupational therapy.
(b) As used in this subsection (8.6), nursing care facility means a licensed
health care entity that is planned, organized, operated, and maintained to provide supportive, restorative, and preventative services to persons who, due to physical or mental disability, require continuous or regular inpatient nursing care.
(8.7) Perpetual conservation easement means a conservation easement in
gross, as described in article 30.5 of title 38, C.R.S., that qualifies as a perpetual conservation restriction pursuant to section 170 (h) of the federal Internal Revenue Code of 1986, as amended, and any regulations issued thereunder.
(9) Person means natural persons, corporations, partnerships, limited
liability companies, associations, and other legal entities which are or may become taxpayers by reason of the ownership of taxable real or personal property.
(10) Personal effects means such personal property as is or may be worn or
carried on or about the person, and such personal property as is usually associated with the person or customarily used in personal hobby, sporting, or recreational activities and which is not used for the production of income at any time.
(11) Personal property means everything that is the subject of ownership
and that is not included within the term real property. Personal property includes machinery, equipment, and other articles related to a commercial or industrial operation that are either affixed or not affixed to the real property for proper utilization of such articles. Except as otherwise specified in articles 1 to 13 of this title, any pipeline, telecommunications line, utility line, cable television line, or other similar business asset or article installed through an easement, right-of-way, or leasehold for the purpose of commercial or industrial operation and not for the enhancement of real property shall be deemed to be personal property, including, without limitation, oil and gas distribution and transmission pipelines, gathering system pipelines, flow lines, process lines, and related water pipeline collection, transportation, and distribution systems. Structures and other buildings installed on an easement, right-of-way, or leasehold that are not specifically referenced in this subsection (11) shall be deemed to be improvements pursuant to subsection (6.3) of this section.
(12) Political subdivision means any entity of government authorized by law
to impose ad valorem taxes on taxable property located within its territorial limits.
(12.1) Repealed.
(12.3) and (12.4) Repealed.
(12.5) Professional forester means any person who has received a
bachelor's or higher degree from an accredited school of forestry.
(13) Property means both real and personal property.
(13.2) Qualified organization means a qualified organization as defined in
section 170 (h)(3) of the federal Internal Revenue Code of 1986, as amended.
(13.5) Ranch means a parcel of land which is used for grazing livestock for
the primary purpose of obtaining a monetary profit. For the purposes of this subsection (13.5), livestock means domestic animals which are used for food for human or animal consumption, breeding, draft, or profit.
(14) Real property means:
(a) All lands or interests in lands to which title or the right of title has been
acquired from the government of the United States or from sovereign authority ratified by treaties entered into by the United States, or from the state;
(b) All mines, quarries, and minerals in and under the land, and all rights and
privileges thereunto appertaining; and
(c) Improvements.
(14.3) Residential improvements means a building, or that portion of a
building, designed for use predominantly as a place of residency by a person, a family, or families. The term includes buildings, structures, fixtures, fences, amenities, and water rights that are an integral part of the residential use. The term also includes a manufactured home, a mobile home, a modular home, a tiny home, and a nursing home as defined in subsection (8.6) of this section, regardless of a resident's length of stay.
(14.4) (a) (I) Residential land means a parcel of land upon which residential
improvements are located. The term also includes:
(A) Land upon which residential improvements were destroyed by natural
cause after the date of the last assessment as established in section 39-1-104 (10.2);
(B) Two acres or less of land on which a residential improvement is located
where the improvement is not integral to an agricultural operation conducted on such land; and
(C) A parcel of land without a residential improvement located thereon, if the
parcel is contiguous to a parcel of residential land that has identical ownership based on the record title and contains a related improvement that is essential to the use of the residential improvement located on the identically owned contiguous residential land.
(II) Residential land does not include any portion of the land that is used for
any purpose that would cause the land to be otherwise classified, except as provided for in section 39-1-103 (10.5).
(III) As used in this subsection (14.4):
(A) Contiguous means that the parcels physically touch; except that
contiguity is not interrupted by an intervening local street, alley, or common element in a common-interest community.
(B) Related improvement means a driveway, parking space, or
improvement other than a building, or that portion of a building designed for use predominantly as a place of residency by a person, a family, or families.
(b) (I) Notwithstanding section 39-1-103 (5)(c) and except as provided in
subparagraph (II) of this paragraph (b), when residential improvements are destroyed, demolished, or relocated as a result of a natural cause on or after January 1, 2010, that, were it not for their destruction, demolition, or relocation due to such natural cause, would have qualified the land upon which the improvements were located as residential land for the following property tax year, the residential land classification shall remain in place for the year of destruction, demolition, or relocation and the two subsequent property tax years. The residential land classification may remain in place for additional subsequent property tax years, not to exceed a total of five subsequent property tax years, if the assessor determines there is evidence the owner intends to rebuild or locate a residential improvement on the land. For purposes of this determination, the assessor may consider, but shall not be limited to considering, a building permit or other land development permit for the land, construction plans for such residential improvement, efforts by the owner to obtain financing for a residential improvement, or ongoing efforts to settle an insurance claim related to the destruction, demolition, or relocation of the residential improvement due to a natural cause.
(II) The residential land classification of the land described in subparagraph
(I) of this paragraph (b) shall change according to current use if:
(A) A new residential improvement or part of a new residential improvement
is not constructed or placed on the land in accordance with applicable land use regulations prior to the January 1 after the period described in subparagraph (I) of this paragraph (b), unless the property owner provides documentary evidence to the assessor that during such period a good-faith effort was made to construct or place a new or part of a new residential improvement on the land but that additional time is necessary;
(B) The assessor determines that the classification at the time of
destruction, demolition, or relocation as a result of a natural cause was erroneous; or
(C) A change of use has occurred. For purposes of this sub-subparagraph (C),
a change of use shall not include the temporary loss of the residential use due to the destruction, demolition, or relocation as a result of a natural cause of the residential improvement.
(c) (I) Notwithstanding section 39-1-103 (5)(c) and except as provided in
subsection (14.4)(c)(II) of this section, when residential improvements are destroyed, demolished, or relocated on or after January 1, 2018, that, were it not for their destruction, demolition, or relocation, would have qualified the land upon which the improvements were located as residential land for the following property tax year, the residential land classification shall remain in place for the year of destruction, demolition, or relocation and one subsequent property tax year if the assessor determines there is evidence that the owner intends to rebuild or locate a residential improvement on the land. For purposes of this determination, the assessor may consider, but is not limited to considering, a building permit or other land development permit for the land, construction plans for such residential improvement, or efforts by the owner to obtain financing for a residential improvement.
(II) The residential land classification of the land described in subsection
(14.4)(c)(I) of this section shall change according to current use if:
(A) A new residential improvement or part of a new residential improvement
is not constructed or placed on the land in accordance with applicable land use regulations prior to the January 1 after the period described in subsection (14.4)(c)(I) of this section;
(B) The assessor determines that the classification of the land at the time of
the destruction, demolition, or relocation was erroneous; or
(C) A change of use has occurred. For purposes of this subsection
(14.4)(c)(II)(C), a change of use shall not include the temporary loss of the residential use due to the destruction, demolition, or relocation of the residential improvement.
(14.5) Residential real property means residential land and residential
improvements but does not include hotels and motels as defined in subsection (5.5) of this section.
(15) Repealed.
(15.5) (a) School means:
(I) An educational institution having a curriculum comparable to that of a
publicly supported elementary or secondary school or college, or any combination thereof, and requiring daily attendance; or
(II) An institution that is licensed as a child care center pursuant to part 3 of
article 5 of title 26.5 that is:
(A) Operated by and as an integral part of a not-for-profit educational
institution that meets the requirements of subparagraph (I) of this paragraph (a); or
(B) A not-for-profit institution that offers an educational program for not
more than six hours per day and that employs educators trained in preschool through eighth grade educational instruction and is licensed by the appropriate state agency and that is not otherwise qualified as a school under this paragraph (a) or as a religious institution.
(b) School includes any educational institution that meets the
requirements set forth in subparagraph (I) or (II) of paragraph (a) of this subsection (15.5), even if such educational institution maintains hours of operation in excess of the minimum hour requirements of section 22-32-109 (1)(n)(I), C.R.S.
(16) Taxable property means all property, real and personal, not expressly
exempted from taxation by law.
(16.3) Tiny home means a tiny home, as defined in section 24-32-3302 (35),
that is certified by the division of housing in the department of local affairs to be designed for long-term residency and that is not registered in accordance with article 3 of title 42.
(17) Treasurer means the elected treasurer of a county or his or her
appointed successor, and, in the case of the city and county of Denver, such equivalent officer as may be provided by its charter, in the case of the city and county of Broomfield, such equivalent officer as may be provided by its charter or code, and in the case of any home rule county, the treasurer or such equivalent officer as provided by its charter.
(18) Works of art means those items of personal property that are original
creations of visual art, including, but not limited to:
(a) Sculpture, in any material or combination of materials, whether in the
round, bas-relief, high relief, mobile, fountain, kinetic, or electronic;
(b) Paintings or drawings;
(c) Mosaics;
(d) Photographs;
(e) Crafts made from clay, fiber and textiles, wood, metal, plastics, or any
other material, or any combination thereof;
(f) Calligraphy;
(g) Mixed media composed of any combination of forms or media; or
(h) Unique architectural embellishments.
Source: L. 64: R&RE, p. 674, � 1. C.R.S. 1963: � 137-1-1. L. 65: p. 1095, � 1. L.
67: p. 945, � 1. L. 70: p. 379, � 8. L. 73: p. 237, � 17. L. 75: (8) repealed, p. 1473, � 30, effective July 18. L. 77: (7.5), (12.3), and (12.4) added, p. 1728, �1, effective June 20; (8) RC&RE, p. 1740, � 1, effective January 1, 1978. L. 78: (12.1) added, p. 467, � 1, effective July 1. L. 79: (12.1) amended, p. 1400, � 1, effective March 13; (12.1)(a) amended, p. 1059, � 9, effective June 20; (12.1) repealed, p. 1456, � 4, effective July 1, 1981. L. 80: (18) added, p. 711, � 1, effective April 16. L. 81: (12.1)(d) R&RE, p. 1872, � 4, effective June 29; (12.1)(a)(II) amended, � 5, effective July 1. L. 83: (15) repealed, p. 1485, � 11, effective April 22; (1.1), (1.3), (1.6), (3.5), (5.5), (7.2), (7.8), (13.5), and (14.3) to (14.5) added, (5) repealed, and (12.3)(b) amended, pp. 1486, 1488, �� 1, 6, 4, effective June 1. L. 84: (7.2) amended, p. 983, � 1, effective May 8. L. 85: IP(7.2) amended and (7.9) added, pp. 1215, 1210, �� 1, 2, effective May 9. L. 87: (1.3) amended, p. 1382, � 1, effective May 8; (7.5), (12.3), and (12.4) repealed, p. 1304, � 1, effective May 20. L. 88: (4) and (11) amended and (12.1) repealed, pp. 1269, 1275, �� 4, 14, effective May 29. L. 89: (15.5) added, p. 1482, � 3, effective April 23. L. 90: (1.6)(a) amended, (4.3) to (4.6) and (12.5) added, p. 1706, � 1, effective April 16; (9) amended, p. 450, � 26, effective April 18; (1.6)(a) and (13.5) amended and (8.5) added, pp. 1695, 1703, 1701, �� 16, 37, 33, effective June 9. L. 91: IP(7.2) amended, p. 1980, � 1, effective April 20; (8) amended, p. 1394, � 2, effective April 27. L. 92: (4) amended, p. 2216, � 3, effective June 2. L. 94: (8) and (14.3) amended, p. 2568, � 86, effective January 1, 1995. L. 95: IP(1.6)(a) amended and (1.6)(a)(III), (3.2), (8.7), and (13.2) added, pp. 173, 174, �� 1, 2, effective April 7. L. 97: (1.1) and (1.6) amended, p. 509, � 1, effective April 24. L. 98: (11) amended, p. 1276, � 1, effective June 1. L. 99: (15.5) amended, p. 1299, � 1, effective June 3. L. 2000: (15.5)(a)(II) amended, p. 1499, � 1, effective August 2. L. 2001: (2) and (17) amended, p. 268, � 14, effective November 15. L. 2002: (5.5) amended, p. 1939, � 1, effective August 7; (2.5), (3.1), (5.6), and (7.1) added, (5.5)(a)(IV) repealed, and (14.4) amended, pp. 1671, 1673, �� 1, 3, effective January 1, 2003. L. 2004: (1.6)(a)(I) amended, p. 1208, � 86, effective August 4. L. 2008: (14.3) amended, p. 1914, � 129, effective August 5. L. 2009: (7.7) and (8.3) added and (7.8), (8), and (14.3) amended, (SB-040), ch. 9, p. 70, � 12, effective July 1; (8.5) amended, (SB 09-042), ch. 176, p. 779, � 1, effective August 5. L. 2010: (1.1) amended, (SB 10-177), ch. 392, p. 1861, � 1, effective August 11; (1.6)(a)(III) amended, (HB 10-1197), ch. 175, p. 634, � 1, effective August 11; (6.3) and (6.8) added and (7) and (11) amended, (HB10-1267), ch. 425, p. 2198, � 1, effective August 11. L. 2011: (8.4) added and (14.4) amended, (HB 11-1042), ch. 138, p. 479, � 1, effective May 4; (1.6)(d) added, (HB 11-1043), ch. 266, p. 1213, � 23, effective July 1; (1.6)(a)(I) and (14.4) amended, (HB 11-1146), ch. 166, p. 571, � 1, effective January 1, 2012. L. 2013: (14.4)(a) amended, (HB 13-1300), ch. 316, p. 1699, � 116, effective August 7. L. 2014: (8.5) amended, (HB 14-1349), ch. 230, p. 854, � 4, effective May 17; (1.6)(b) amended, (SB 14-043), ch. 53, p. 248, � 1, effective August 6. L. 2016: (14.4)(b)(II)(A) amended, (SB 16-012), ch. 66, p. 169, � 1, effective April 5. L. 2017: IP, (1.1), and (1.3) amended, (SB 17-302), ch. 311, p. 1675, � 1, effective June 2. L. 2018: (14.4)(c) added, (HB 18-1283), ch. 270, p. 1665, � 1, effective August 8. L. 2019: (5.5)(c)(VIII) amended, (HB 19-1172), ch. 136, p. 1727, � 249, effective October 1. L. 2020: (17) amended, (HB 20-1077), ch. 80, p. 324, � 5, effective September 14. L. 2021: (3.7) added, (HB 21-1312), ch. 299, p. 1791, � 3, effective July 1; (14.4)(a) amended, (HB 21-1061), ch. 63, p. 252, � 1, effective September 7. L. 2022: IP(15.5)(a)(II) amended, (HB 22-1295), ch. 123, p. 865, � 124, effective July 1; (1.1), IP(1.3), and (1.3)(b) amended and (3.3) and (6.2) added, (HB 22-1301), ch. 198, p. 1321, � 1, effective August 10; (8.6) added and (14.3) amended, (HB 22-1296), ch. 310, p. 2226, � 1, effective August 10; (14.3) amended and (16.3) added, (HB 22-1242), ch. 172, p. 1139, � 34, effective August 10. L. 2024, 2nd Ex. Sess.: (1.3)(b)(II) and (1.3)(b)(III) amended and (1.3)(b)(IV) added, (HB 24B-1003), ch. 2, p. 24, � 1, effective November 28.
Editor's note: (1) Amendments to subsection (1.6)(a) by House Bill 90-1229
harmonized with House Bill 90-1018.
(2) Amendments to subsection (14.4) by House Bill 11-1042 and House Bill 11-1146 were harmonized, effective January 1, 2012.
(3) Amendments to this section by HB 22-1242 and HB 22-1296 were
harmonized.
Cross references: (1) For the creation of the property tax administrator, see �
39-2-101.
(2) For the legislative declaration in HB 21-1312, see section 1 of chapter 299,
Session Laws of Colorado 2021.
C.R.S. § 39-22-514
39-22-514. Tax credit for qualified costs incurred in preservation of historic properties. (1) (a) Except as otherwise provided in paragraph (b) of this subsection (1), for income tax years commencing on or after January 1, 1991, but prior to January 1, 2020, there shall be allowed a credit with respect to the income taxes imposed pursuant to the provisions of this article to each taxpayer:
(I) Who is the owner or qualified tenant of qualified property and who incurs
qualified costs in an amount equaling or exceeding five thousand dollars in the qualified rehabilitation of such qualified property; or
(II) Who is allowed a credit for costs incurred in the rehabilitation of property
located in Colorado pursuant to the provisions of section 38 of the internal revenue code.
(b) Any taxpayer who is allowed a credit for qualified expenditures incurred
in the rehabilitation of property pursuant to the provisions of section 39-30-105.6 shall not be allowed the credit provided in paragraph (a) of this subsection (1).
(2) (a) The credit provided for in paragraph (a) of subsection (1) of this section
shall not exceed an aggregate of fifty thousand dollars per qualified property or an amount equal to twenty percent of the aggregate qualified costs incurred per qualified property, whichever is less.
(b) (Deleted by amendment, L. 99, p. 1278, � 1, effective June 3, 1999.)
(3) (a) Except as otherwise provided in paragraph (b) of this subsection (3)
and subsection (6) of this section, in order for any taxpayer to qualify for the credit provided for in paragraph (a) of subsection (1) of this section, the taxpayer shall:
(I) Except as otherwise provided in this subparagraph (I), submit a fee of two
hundred fifty dollars, the plans and specifications for such proposed restoration, rehabilitation, or preservation, and a signed agreement, if any, specified in subsection (4) of this section to the appropriate reviewing entity and receive preliminary approval, in writing, from said reviewing entity stating that such proposed restoration, rehabilitation, or preservation constitutes qualified rehabilitation. In the discretion of the reviewing entity, the fee imposed pursuant to this subparagraph (I) may be reduced or eliminated when the amount of qualified costs expected to be incurred in connection with the restoration, rehabilitation, or preservation is less than fifteen thousand dollars. If any restoration, rehabilitation, or preservation has commenced prior to the submission of the application fee, plans and specifications, and signed agreement, if any, pursuant to the provisions of this subparagraph (I), the taxpayer shall also submit documentation satisfactory to the reviewing entity indicating the condition of the qualified property prior to commencement of the rehabilitation, including, but not limited to, photographs of the property and written declarations from persons knowledgeable about the property. For the purposes of this subparagraph (I), any owners of qualified property and any qualified tenants leasing said qualified property who wish to qualify for the credit provided for in paragraph (a) of subsection (1) of this section for said qualified property may jointly submit the fee and the plans and specifications, or such owners may submit the fee, the plans and specifications, and a list of qualified tenants leasing said qualified property and, if such owners or tenants have commenced restoration, rehabilitation, or preservation prior to the submission of the application fee, plans and specifications, and signed agreement, if any, pursuant to the provisions of this subparagraph (I), they shall also jointly submit such documentation as is required pursuant to this subparagraph (I).
(II) Except as otherwise provided in subsection (5) of this section, complete
the qualified rehabilitation of the qualified property within a period of twenty-four months from the date upon which preliminary approval was given pursuant to the provisions of subparagraph (I) of this paragraph (a);
(III) Obtain a form from the reviewing entity verifying compliance with the
provisions of this subsection (3). If more than one of the taxpayers have complied with the provisions of this subsection (3) for the same qualified property, the reviewing entity shall issue such verification form to each such taxpayer, and such verification form shall specify the proportion of the amount of the tax credit allowed to such taxpayer as determined pursuant to the provisions of subsection (4) of this section. The reviewing entity shall issue said verification form only upon the submittal of an accounting of total qualified costs incurred in said qualified rehabilitation and the names of the owners and qualified tenants who incurred such qualified costs, the payment of a fee in an amount determined pursuant to the provisions of paragraph (a) of subsection (11) of this section, and the making of the determination that such completed qualified rehabilitation:
(A) Conforms to the plans and specifications approved pursuant to
subparagraph (I) of this paragraph (a);
(B) Was completed within the appropriate period of time; and
(C) Preserves and maintains those qualities of such qualified property which
made it eligible for inclusion individually or as a contributing property in a district in the state register of historic places or for designation as a landmark or as a contributing property in a historic district by a certified local government.
(IV) Submit the verification form obtained pursuant to the provisions of
subparagraph (III) of this paragraph (a) with the income tax return being filed by the taxpayer for the income tax year in which such qualified rehabilitation is completed.
(b) The provisions of paragraph (a) of this subsection (3) shall not apply to
any taxpayer who is allowed a credit for costs incurred in the rehabilitation of property located in Colorado pursuant to the provisions of section 38 of the internal revenue code.
(4) When more than one taxpayer qualify for the tax credit provided for in
paragraph (a) of subsection (1) of this section for the same qualified property, the amount of the tax credit allowed pursuant to the provisions of this section shall be divided pro rata according to the number of such taxpayers unless a binding agreement has been filed with the reviewing entity, as specified in subparagraph (I) of paragraph (a) of subsection (3) of this section, that is signed by all of the taxpayers who qualify for said tax credit for the same qualified property and that specifies the manner in which the amount of the tax credit allowed is to be divided among such taxpayers. Nothing in this subsection (4) shall preclude the state income tax credit created pursuant to this section from being allocated among taxpayers in a different manner than the allocation of any credit claimed pursuant to section 38 of the internal revenue code.
(5) The reviewing entity may grant, upon request, a one-time extension of
the completion deadline specified in subparagraph (II) of paragraph (a) of subsection (3) of this section. Such extension shall be for a period not to exceed twenty-four months and shall be granted only upon a showing of good cause.
(6) (a) (I) Any taxpayer who was given preliminary approval prior to January 1,
2020, pursuant to the provisions of subparagraph (I) of paragraph (a) of subsection (3) of this section; whose completion deadline as set forth in subparagraph (II) of paragraph (a) of subsection (3) and in subsection (5) of this section is subsequent to December 31, 2019; and who has not completed the qualified rehabilitation prior to January 1, 2020, shall, in order to qualify for the credit provided for in paragraph (a) of subsection (1) of this section, obtain a form from the reviewing entity verifying compliance with the provisions of subparagraph (I) of paragraph (a) of subsection (3) of this section and this subsection (6). If more than one of the taxpayers have complied with said provisions for the same qualified property, the reviewing entity shall issue such verification form to each such taxpayer, and such verification form shall specify the proportion of the amount of the tax credit allowed to such taxpayer as determined pursuant to subsection (4) of this section.
(II) The reviewing entity shall issue said verification form only upon the
submittal of an accounting of total qualified costs incurred in said qualified rehabilitation prior to January 1, 2020, and the names of the owners and qualified tenants who incurred such qualified costs, the payment of a fee in an amount determined pursuant to the provisions of paragraph (a) of subsection (11) of this section, and the making of the determination that the portion of such qualified rehabilitation that was completed as of January 1, 2020:
(A) Conforms to the plans and specifications approved pursuant to
subparagraph (I) of paragraph (a) of subsection (3) of this section; and
(B) Preserves and maintains those qualities of such qualified property which
made it eligible for inclusion individually or as a contributing property in a district in the state register of historic places or for designation as a landmark or as a contributing property in a historic district by a certified local government.
(III) The taxpayer shall submit the verification form obtained pursuant to this
paragraph (a) with the income tax return being filed by the taxpayer for the income tax year commencing on or after January 1, 2019, but prior to January 1, 2020.
(b) (Deleted by amendment, L. 99, p. 1278, � 1, effective June 3, 1999.)
(7) (a) Except as otherwise provided in paragraph (b) of this subsection (7), if
the amount of the credit allowed pursuant to the provisions of this section exceeds the amount of income taxes otherwise due on the income of the taxpayer in the income tax year for which the credit is being claimed, the amount of the credit not used as an offset against income taxes in said income tax year may be carried forward as a credit against subsequent years' income tax liability for a period not exceeding ten years and shall be applied first to the earliest income tax years possible. Any amount of the credit that is not used after said period shall not be refundable to the taxpayer.
(b) Any taxpayer who has refunded an amount pursuant to the provisions of
subsection (8) of this section shall no longer be eligible to carry forward any amount of the credit which had not been used as of the date such refund is made.
(8) Notwithstanding any other law to the contrary, if any taxpayer who is the
owner of qualified property and who has claimed the credit pursuant to the provisions of this section sells such qualified property within five years of the completion of the qualified rehabilitation or if any taxpayer who is a qualified tenant leasing qualified property and who has claimed the credit pursuant to the provisions of this section terminates the lease of such qualified property within five years of the completion of the qualified rehabilitation, the taxpayer shall refund the amount of the credit which has been used to offset income taxes which exceeds the following amounts:
(a) Within the first year, an amount equal to zero percent of the amount of
the credit allowed;
(b) Within the second year, an amount equal to twenty percent of the amount
of the credit allowed;
(c) Within the third year, an amount equal to forty percent of the amount of
the credit allowed;
(d) Within the fourth year, an amount equal to sixty percent of the amount of
the credit allowed;
(e) Within the fifth year, an amount equal to eighty percent of the amount of
the credit allowed.
(9) Within eight months after April 20, 1990, the state historical society shall
create appropriate forms and shall establish and promulgate criteria and procedures by which the restoration, rehabilitation, and preservation of qualified properties shall be determined to be qualified rehabilitation for the purposes of the credit provided for in paragraph (a) of subsection (1) of this section.
(10) (a) Each certified local government shall adopt a resolution stating
whether such certified local government will act as a reviewing entity for the purposes of subsections (3) and (6) of this section. A copy of such resolution shall be sent to the state historic preservation officer.
(b) Any certified local government which has decided to act as a reviewing
entity for any given year for the purposes of subsections (3) and (6) of this section shall be required to perform all duties and responsibilities pursuant to said subsections (3) and (6) for all qualified rehabilitations which received preliminary approval from said reviewing entity during such year.
(11) (a) The amount of the fee required to be paid pursuant to the provisions
of subparagraph (III) of paragraph (a) of subsection (3) and subparagraph (II) of paragraph (a) of subsection (6) of this section shall be an amount equal to the appropriate amount determined pursuant to the following schedule minus the amount of the fee paid pursuant to subparagraph (I) of paragraph (a) of subsection (3) of this section; except that, in the discretion of the reviewing entity, the fee imposed pursuant to this paragraph (a) may be reduced or eliminated where the amount of the qualified costs incurred is less than fifteen thousand dollars:
Amount of qualified costs incurredAmount of fee
$5,000 up to and including $15,000$ 250
Over $15,000 up to and including $50,000$ 500
Over $50,000 up to and including $100,000$ 750
Over $100,000$ 1,000
(b) (I) Any certified local government which has decided to act as a reviewing
entity for the purposes of subsections (3) and (6) of this section shall create a preservation fund. All fees collected pursuant to the provisions of subparagraphs (I) and (III) of paragraph (a) of subsection (3) and subparagraph (II) of paragraph (a) of subsection (6) of this section by a certified local government shall be credited to the preservation fund of such certified local government. The moneys in such fund shall be used for expenditures of such certified government incurred in the performance of its duties pursuant to the provisions of this section.
(II) All fees collected pursuant to the provisions of subparagraphs (I) and (III)
of paragraph (a) of subsection (3) and subparagraph (II) of paragraph (a) of subsection (6) of this section by the state historic preservation officer shall be transmitted to the state treasurer, who shall credit said fees to the state historic preservation fund, which fund is hereby created. The moneys in the state historic preservation fund shall be subject to annual appropriation by the general assembly to the state historical society for expenditures of the state historic preservation officer and the state historical society incurred in the performance of their duties pursuant to the provisions of this section and for expenditures incurred in the administration and general operations of the state historical society.
(11.5) Notwithstanding the amount specified for any fee in this section, the
executive director by rule or as otherwise provided by law may reduce the amount of one or more of the fees if necessary pursuant to section 24-75-402 (3), C.R.S., to reduce the uncommitted reserves of the fund to which all or any portion of one or more of the fees is credited. After the uncommitted reserves of the fund are sufficiently reduced, the executive director by rule or as otherwise provided by law may increase the amount of one or more of the fees as provided in section 24-75-402 (4), C.R.S.
(11.7) (a) If the revenue estimate prepared by the staff of the legislative
council in December 2010 and each December thereafter indicates that the amount of the total general fund revenues for that particular fiscal year will not be sufficient to grow the total state general fund appropriations by six percent over such appropriations for the previous fiscal year, then the credit authorized in this section shall not be allowed for any income tax year commencing during the calendar year following the year in which the estimate is prepared; except that any taxpayer who would have been eligible to claim a credit pursuant to this section in the income tax year in which the credit is not allowed shall be allowed to claim the credit earned in such income tax year in the next income tax year in which the estimate indicates that the amount of the total general fund revenues will be sufficient to grow the total state general fund appropriations by six percent over such appropriations for the previous fiscal year.
(b) The department of revenue shall, through its website, specify on or
before January 1, 2011, and on or before each January 1 thereafter, whether the credit authorized in this section shall be allowed for a given income tax year pursuant to paragraph (a) of this subsection (11.7).
(12) As used in this section, unless the context otherwise requires:
(a) Certified local government means any local government certified by the
state historic preservation officer pursuant to the provisions of 54 U.S.C. sec. 302502, as amended.
(b) Contributing property means property which by location, design,
setting, materials, workmanship, feeling, and association adds to the sense of time, place, and historical development of a historic district.
(c) Designated means established by local preservation ordinance.
(d) Property means a building or structure or a unit of a multiunit building
where such units are individually owned.
(e) Qualified costs means costs associated with the qualified rehabilitation
of a qualified property. Qualified costs includes, but is not limited to, costs associated with demolition, carpentry, sheetrock, plaster, painting, ceilings, fixtures, doors and windows, fire sprinkler systems, roofing and flashing, exterior repair, cleaning, tuckpointing, and cleanup. Qualified costs does not include costs, commonly referred to as soft costs, which include, but are not limited to, costs associated with appraisals; architectural, engineering, and interior design fees; legal, accounting, and realtor fees; loan fees; sales and marketing; closing; building permit, use, and inspection fees; bids; insurance; project signs and phones; temporary power; bid bonds; copying; and rent loss during construction. Qualified costs also does not include, but shall not be limited, costs associated with acquisition; interior furnishings; new additions except as may be required to comply with building and safety codes; excavation; grading; paving; landscaping; routine or periodic maintenance; repairs to outbuildings which are associated with a qualified property and which are less than fifty years old; and repairs to additions made to a qualified property after such property was included individually or as a contributing property in a district in the state register of historic places or was designated as a landmark or as a contributing property in a historic district by a certified local government.
(f) Qualified property means property located in Colorado which is:
(I) At least fifty years old; and
(II) (A) Listed individually or as a contributing property in a district on the
state register of historic properties pursuant to the provisions of article 80.1 of title 24, C.R.S.;
(B) Designated as a landmark by a certified local government; or
(C) Listed as a contributing property within a designated historic district of a
certified local government.
(g) Qualified rehabilitation means any exterior improvements, structural
improvements, mechanical improvements, plumbing improvements, or electrical improvements undertaken to restore, rehabilitate, or preserve the historic character of a qualified property which meets the standards of rehabilitation of the United States secretary of the interior as adopted by the state historic preservation officer and certified local governments pursuant to federal law; but shall not include any improvements undertaken due to normal wear and tear which occurred to a qualified property. As used in this paragraph (g), exterior improvements includes, but is not limited to, improvements made to the exterior of the qualified property and to the exterior of any historic outbuildings which are associated with the qualified property and which are fifty or more years old. Exterior improvements does not include enlargements, additions, landscaping, routine or periodic maintenance, paving, and site work.
(h) Qualified tenant means a taxpayer who holds a lease of five years or
longer on qualified property or a portion of such qualified property.
(i) Reviewing entity means:
(I) A certified local government which has decided pursuant to the provisions
of paragraph (a) of subsection (10) of this section to perform the duties specified in subparagraph (I) of paragraph (a) of subsection (3) of this section; or
(II) The state historic preservation officer when such qualified property either
is not located within the jurisdiction of any certified local government or is located within the jurisdiction of any certified local government who has decided pursuant to the provisions of paragraph (a) of subsection (10) of this section not to perform the duties specified in subparagraph (I) of paragraph (a) of subsection (3) of this section.
(j) State historic preservation officer means the person designated and
appointed pursuant to the provisions of 54 U.S.C. sec. 302301, as amended.
(k) Taxpayer means:
(I) A resident individual; or
(II) A domestic or foreign corporation subject to the provisions of part 3 of
this article.
Source: L. 90: Entire section added, p. 1730, � 1, effective April 20. L. 94: (1)(a)
and (6)(a) amended, p. 1369, � 1, effective May 25. L. 98: (11.5) added, p. 1347, � 82, effective June 1. L. 99: IP(1)(a), (2), IP(3)(a), (3)(a)(I), (4), (6), (7)(a), (10)(a), and (11)(a) amended, p. 1278, � 1, effective June 3. L. 2008: IP(1)(a), (6)(a)(I), IP(6)(a)(II), (6)(a)(III), and (10)(a) amended and (11.7) added, p. 2266, � 1, effective August 5. L. 2009: (11.7)(a) amended, (SB 09-228), ch. 410, p. 2265, � 19, effective July 1; (6)(a)(I) amended, (SB 09-292), ch. 369, p. 1980, � 114, effective August 5. L. 2024: (12)(a) and (12)(j) amended, (HB 24-1450), ch. 490, p. 3425, � 78, effective August 7.
Cross references: For additional funding by the general assembly to the
state historical society, see � 24-80-202.5.
C.R.S. § 39-30-105.6
39-30-105.6. Credit against tax - rehabilitation of vacant buildings. (1) For income tax years commencing on or after January 1, 1989, any taxpayer who is the owner or tenant of a building which is located in an enterprise zone, which is at least twenty years old, and which has been unoccupied for at least two years and who makes qualified expenditures for the purpose of rehabilitating said building shall be allowed a credit against the income tax imposed by article 22 of this title in an amount equal to twenty-five percent of the aggregate qualified expenditures per building or fifty thousand dollars per building, whichever is less.
(2) Any taxpayer who is allowed a credit for costs incurred in the
rehabilitation of property pursuant to the provisions of section 38 of the federal Internal Revenue Code of 1986, as amended, shall not be allowed the credit provided for in subsection (1) of this section.
(3) Except as provided in section 24-46-107, if the amount of the credit
allowed pursuant to the provisions of this section exceeds the amount of income taxes otherwise due on the income of the taxpayer in the income tax year for which the credit is being claimed, the amount of the credit not used as an offset against income taxes in said income tax year may be carried forward as a credit against subsequent years' income tax liability for a period not exceeding five years and shall be applied first to the earliest income tax years possible. Any credit remaining after said period shall not be refunded or credited to the taxpayer.
(4) As used in this section, unless the context otherwise requires: Qualified
expenditures means expenditures associated with any exterior improvements, structural improvements, mechanical improvements, or electrical improvements necessary to rehabilitate for commercial use a building which meets the requirements established in subsection (1) of this section. Qualified expenditures includes, but shall not be limited to, expenditures associated with demolition, carpentry, sheetrock, plaster, painting, ceilings, fixtures, doors, windows, sprinkler systems installed for fire protection purposes, roofing and flashing, exterior repair, cleaning, tuckpointing, and cleanup. Qualified expenditures does not include expenditures, commonly referred to as soft costs, which include, but are not limited to, costs associated with appraisals; architectural, engineering, and interior design fees; legal, accounting, and realtor fees; loan fees; sales and marketing; closing; building permit, use, and inspection fees; bids; insurance; project signs and phones; temporary power; bid bonds; copying; and rent loss during construction. Qualified expenditures also does not include costs associated with acquisition; interior furnishings; new additions except as may be required to comply with building and safety codes; excavation; grading; paving; landscaping; and repairs to outbuildings.
(5) Any form filed with the department of revenue for the purpose of
claiming the credit allowed by this section shall be accompanied by a copy of the certification of the qualified nature of the expenditures furnished to the taxpayer by the enterprise zone administrator and by copies of any receipts, bills, or other documentation of the qualified expenditures claimed for the purpose of receiving the credit.
Source: L. 89: Entire section added, p. 1519, � 1, effective June 7. L. 2022: (3)
amended, (HB 22-1418), ch. 427, p. 3025, � 6, effective August 10.
C.R.S. § 39-5-117
39-5-117. Property improvements destroyed after assessment date. Whenever any improvements are destroyed or demolished subsequent to the assessment date in any year, it is the duty of the owner thereof or the owner's agent to promptly notify the assessor of such destruction or demolition and the date upon which the same occurred. In all such cases, such improvements shall be valued by the assessor at the proportion of its valuation for the full calendar year that the period of time in such year prior to its destruction or demolition bears to the full calendar year. Failure of the owner thereof or of the owner's agent to so notify the assessor prior to the date taxes are levied shall be considered a waiver, and no proportionate valuation by the assessor shall then be required.
Source: L. 64: R&RE, p. 702, � 1. C.R.S. 1963: � 137-5-17. L. 96: Entire section
amended, p. 47, � 7, effective March 20.
Cross references: (1) For the assessment date, see � 39-1-105.
(2) For the legislative declaration contained in the 1996 act amending this
section, see section 1 of chapter 16, Session Laws of Colorado 1996.
C.R.S. § 8-1-116
8-1-116. Investigators to have access to premises - penalty. (1) The director and any other person authorized in writing by the director at any reasonable time may enter any building, surface construction and demolition, factory, workshop, place, or premises of any kind wherein, or in respect of which, any industry except mining is carried on, any work is being or has been done or commenced, or any matter or thing is taking place which has been made the subject of any investigation, hearing, or arbitration by the division; inspect any work, material, machinery, appliance, or article therein; and interrogate any persons in or upon any such building, factory, workshop, place, or premises, except mines, mine workings, and ore milling operations, with respect to any matter or thing mentioned in this article.
(2) Any person who hinders or obstructs the director or any person
authorized by the director in the exercise of any power conferred by this article 1, or any employer who in bad faith refuses reasonable access to the employer's premises, or any person who gives advance notice of any inspection to be conducted under this article 1 without authority from the director or the director's designee is subject to a penalty of not less than fifty dollars for each day that the conduct continues. The division shall transmit any penalty imposed and collected pursuant to this section to the state treasurer, who shall credit the money to the wage theft enforcement fund created in section 8-4-113 (3).
Source: L. 15: p. 574, � 20. C.L. � 4344. CSA: C. 97, � 22. CRS 53: � 80-1-20.
C.R.S. 1963: � 80-1-20. L. 69: p. 580, � 34. L. 73: p. 920, � 6. L. 75: Entire section amended, p. 275, � 4, effective July 25. L. 77: (1) amended, p. 416, � 2, effective June 9. L. 80: Entire section amended, p. 450, � 3, effective April 13. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3136, � 72, effective March 1, 2022. L. 2022: (2) amended, (SB 22-161), ch. 370, p. 2626, � 2, effective August 10.
C.R.S. § 8-12-110
8-12-110. Hazardous occupations prohibited for minors. (1) No minor shall be permitted employment in any occupation declared to be hazardous in subsection (2) of this section unless such minor is fourteen years of age or older and he is employed:
(a) Incidental to or upon completion of a program of apprentice training;
(b) Incidental to or upon completion of a student-learner program of
occupational education under the auspices of a public school, local district college, community and technical college, federally funded work-training program, or private occupational school approved by the private occupational school division;
(c) Upon completion of any other program of training approved by the state
board for community colleges and occupational education; or
(d) Upon completion of a program of occupational education conducted
outside this state which the director determines offers instructional quality and content comparable to that offered in programs certified by the state board for community colleges and occupational education.
(2) The following occupations are declared to be hazardous:
(a) Operation of any high pressure steam boiler or high temperature water
boiler;
(b) Work which primarily involves the risk of falling from any elevated place
located ten feet or more above the ground except that work defined as agricultural involving elevations of twenty feet or less above ground;
(c) Manufacturing, transporting, or storing of explosives;
(d) Mining, logging, oil drilling, or quarrying;
(e) Any occupation involving exposure to radioactive substances or ionizing
radiation;
(f) Operation of the following power-driven machinery: Woodworking
machines, metal-forming machines, punching or shearing machines, bakery machines, paper products machines, shears, and automatic pin-setting machines and any other power-driven machinery which the director determines to be hazardous;
(g) Slaughter of livestock and rendering and packaging of meat;
(h) Occupations directly involved in the manufacture of brick or other clay
construction products or of silica refractory products;
(i) Wrecking or demolition, but not including manual auto wrecking;
(j) Roofing;
(k) Occupations in excavation operations.
(3) The director shall promulgate regulations, in accordance with section 24-4-103, C.R.S., to define the occupations prohibited under this section and to
prescribe what types of equipment shall be required to make an occupation nonhazardous for minors.
Source: L. 71: R&RE, p. 893, � 1. C.R.S. 1963: � 80-6-10. L. 79: (1)(b) amended,
p. 1631, � 2, effective July 19. L. 81: (1)(b) amended, p. 851, � 22, effective July 1. L. 86: (2)(f) and (3) amended, p. 473, � 34, effective July 1. L. 88: (1)(a) amended, p. 1429, � 3, effective June 11. L. 90: (1)(b) amended, p. 1160, � 7, effective July 1.
C.R.S. § 8-15-101
8-15-101. (Repealed)
Source: L. 2016: Entire article RC&RE, (HB 16-1287), ch. 224, p. 857, � 2,
effective August 10.
Editor's note: (1) This article was numbered as article 1 of chapter 9, C.R.S.
-
It was repealed in 1987 and was subsequently recreated and reenacted in 2016, resulting in the addition, relocation, or elimination of sections as well as subject matter. For amendments to this article prior to 1987, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume.
(2) Subsection (5) provided for the repeal of this section, effective July 1, 2017. (See L. 2016, p. 857.)
ARTICLE 15.5
Displaced Homemakers
Editor's note: This article was repealed in 1979 and was subsequently
recreated and reenacted in 1980, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1979, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume.
Law reviews: For article, Colorado's Displaced Homemakers Act, see 27
Colo. Law. 129 (June 1998).
8-15.5-101. Short title. This article shall be known and may be cited as the
Displaced Homemakers Act.
Source: L. 80: Entire article RC&RE, p. 452, � 1, effective July 1.
8-15.5-102. Definitions. As used in this article, unless the context otherwise
requires:
(1) Department means the department of labor and employment.
(2) Displaced homemaker means an individual who:
(a) Has worked in the home, providing unpaid household services for family
members for a substantial number of years;
(b) Is not gainfully employed;
(c) Has had, or would have, difficulty finding employment; and
(d) (I) Has depended on the income of a family member and has lost that
income; or
(II) Has depended on government assistance as the parent of dependent
children, but who is no longer eligible for such assistance, or is supported, as the parent of minor children, by government assistance, but whose children are within two years of reaching the age of eighteen years.
(3) Executive director means the executive director of the department of
labor and employment.
Source: L. 80: Entire article RC&RE, p. 452, � 1, effective July 1.
8-15.5-103. Multipurpose service centers for displaced homemakers. (1)
The executive director may establish multipurpose service centers for displaced homemakers and is authorized to enter into contracts with and make grants to agencies or organizations, public or private, to establish, organize, and administer the various programs enumerated in section 8-15.5-104.
(2) Each service center shall include the following services:
(a) Job counseling services which shall:
(I) Be specifically designed for displaced homemakers; and
(II) Operate to counsel displaced homemakers with respect to appropriate
job opportunities;
(b) Job training and job placement services which shall:
(I) Develop, by working with state and local government agencies and private
employers, training and placement programs for jobs in the public and private sectors;
(II) Assist displaced homemakers in gaining admission to existing public and
private job-training programs and opportunities; and
(III) Assist in identifying community needs and creating new jobs in the
public and private sectors;
(c) Health education and counseling services in cooperation with existing
health programs with respect to:
(I) General principles of preventive health care;
(II) Health-care consumer education, particularly in the selection of
physicians and health-care services, including, but not limited to, health maintenance organizations and health insurance;
(III) Family health care and nutrition;
(IV) Substance use disorders; and
(V) Other related health-care matters;
(d) Financial management services which provide information and assistance
with respect to insurance, taxes, estate and probate problems, mortgages, loans, and other related financial matters;
(e) Educational services, including:
(I) Outreach and information about courses offering credit through
secondary or postsecondary education programs, including bilingual programming where appropriate; and
(II) Information about such other programs which are determined by the
executive director to be of interest and benefit to displaced homemakers;
(f) Legal counseling and referral services; and
(g) Outreach and information services with respect to employment,
education, health, public assistance, and unemployment assistance programs which the executive director determines would be of interest and benefit to displaced homemakers.
(3) Supervisory, technical, and administrative positions relating to centers
established under this article shall, to the maximum extent feasible, be filled by displaced homemakers.
Source: L. 80: Entire article RC&RE, p. 453, � 1, effective July 1. L. 83: (1)
amended, p. 395, � 2, effective June 3. L. 2017: (2)(c)(IV) amended, (SB 17-242), ch. 263, p. 1263, � 33, effective May 25.
Cross references: For the legislative declaration in SB 17-242, see section 1
of chapter 263, Session Laws of Colorado 2017.
8-15.5-104. Selection and administration of centers. (1) In selecting sites
for the centers established under section 8-15.5-103, the executive director shall consider:
(a) The location of any existing facilities for displaced homemakers and any
existing services similar to those listed in section 8-15.5-103 which might be incorporated into a center;
(b) The needs of each region of the state for a center;
(c) The needs of both urban and rural communities.
(2) The executive director shall select a public or private organization to
administer each center. The selection of such an organization shall be made after consultation with local government agencies and shall take into consideration the experience and capability of such organizations in administering the services to be provided by each center.
(3) The executive director shall consult and cooperate with the secretary or
director of such agencies in the executive branch of the federal and state governments as the executive director considers appropriate to facilitate the establishment of centers under this article with existing state or federal programs of a similar nature.
Source: L. 80: Entire article RC&RE, p. 454, � 1, effective July 1. L. 83: (2)
amended, p. 396, � 3, effective June 3.
8-15.5-105. Evaluation. (1) The executive director, in cooperation with the
administrator of each center, and in consultation with appropriate heads of executive agencies, shall prepare and furnish to the general assembly evaluations of the centers established under this article, including:
(a) A thorough assessment of each center;
(b) Recommendations covering the administration and expansion of such
centers; and
(c) Data on the numbers of persons referred to and enrolled in the programs
enumerated in section 8-15.5-103, and data on job placements and employment of persons enrolled in such programs.
(2) No later than January 1, 1981, the executive director shall submit to the
general assembly an evaluation pursuant to this section. Subsequent evaluations shall be made every two years.
(3) The executive director, in consultation with the appropriate heads of
executive agencies, shall prepare and furnish to the general assembly a study to determine the feasibility of and appropriate procedure for placing displaced homemakers in:
(a) Programs established under the federal Workforce Innovation and
Opportunity Act, 29 U.S.C. sec. 3101 et seq.;
(b) Work incentive programs established under section 432 (b)(1) of the
federal Social Security Act;
(c) Related federal and state employment, education, and health assistance
programs; and
(d) Programs established or benefits provided under federal and state
unemployment compensation laws by consideration of full-time homemakers as provided eligible for such benefits or programs.
Source: L. 80: Entire article RC&RE, p. 454, � 1, effective July 1. L. 2009: (3)(a)
amended, (SB 09-292), ch. 369, p. 1939, � 5, effective August 5. L. 2016: (3)(a) amended, (HB 16-1302), ch. 183, p. 626, � 1, effective May 19.
Cross references: For section 432 of the Social Security Act, see 42 U.S.C.
� 629b.
8-15.5-106. Advisory body. The executive director shall establish an
advisory body to the department which shall consist of members who are representative of displaced homemakers, local service deliverers, appropriate state agencies, and the general public. The advisory body shall provide recommendations to the executive director regarding the planning, operation, and evaluation of the activities mandated by this article.
Source: L. 80: Entire article RC&RE, p. 455, � 1, effective July 1.
8-15.5-107. Rules and regulations. The executive director shall promulgate
rules and regulations to govern the eligibility of persons for the job training and other programs of the multipurpose service center, the level of stipends for the job training programs described in section 8-15.5-103 (2)(b), a sliding fee scale for the service programs described in section 8-15.5-103 (2)(c) to (2)(g), and such other matters as the executive director deems necessary.
Source: L. 80: Entire article RC&RE, p. 455, � 1, effective July 1.
8-15.5-108. Displaced homemakers fund - creation. (1) There is hereby
created in the state treasury the displaced homemakers fund. All fees collected pursuant to section 14-10-120.5, C.R.S., shall be deposited in said fund. All moneys in the fund shall be subject to annual appropriation by the general assembly and, commencing July 1, 1980, shall be available for carrying out the purposes of this article; except that, if the amount in said fund from fees collected pursuant to section 14-10-120.5, C.R.S., exceeds one hundred forty-five thousand dollars in any fiscal year, the excess of one hundred forty-five thousand dollars shall revert to the general fund.
(2) The executive director may apply for and accept any funds, grants, gifts,
or services made available by any agency or department of the federal government or any private agency or individual, which funds, grants, gifts, or services shall be used to carry out the total program of this article. Funds and grants received pursuant to this subsection (2) shall be placed in the displaced homemakers fund in a separate account and shall not be included in computing the amount that will revert to the general fund pursuant to subsection (1) of this section.
Source: L. 80: Entire article RC&RE, p. 455, � 1, effective July 1. L. 82: (1)
amended, p. 233, � 1, effective April 23. L. 93: (1) amended, p. 1515, � 18, effective June 6.
ARTICLE 15.7
Apprenticeships
PART 1
GENERAL PROVISIONS
8-15.7-101. Definitions. As used in this article 15.7, unless the context
otherwise requires:
(1) Apprentice means an individual who is sixteen years of age or older,
except when a higher minimum age standard is otherwise fixed by law, and who is employed to learn an apprenticeable occupation under the standards of apprenticeship established by this article 15.7.
(2) Apprenticeable occupation means an occupation specified by an
industry that involves the progressive attainment of skills, competencies, and knowledge that are:
(a) Clearly identified and commonly recognized throughout the relevant
industry or occupation;
(b) Customarily learned or enhanced in a practical way through a structured,
systematic program of on-the-job, supervised learning and related instruction to supplement the learning; and
(c) Offered through a time-based, competency-based, or hybrid model that
the director has determined meets the requirements of this article 15.7 and conforms with federal regulations.
(3) Apprenticeship agreement means a written agreement between an
apprentice and a sponsor or an apprenticeship committee acting as agent for the sponsor, in conformity with federal regulations.
(4) Apprenticeship program means a plan containing all terms and
conditions for the qualification, recruitment, selection, employment, and training of apprentices that meets the requirements of this article 15.7 and conforms with federal regulations, including the requirement for a written apprenticeship agreement.
(5) Certificate of completion means a certificate awarded to an apprentice
in recognition of the successful completion of an apprenticeship program.
(6) Certificate of registration means documentation that a registration
agency has registered an apprenticeship program pursuant to this article 15.7 and in conformity with federal regulations, as evidenced by a certificate of registration or other written documentation.
(6.3) Committee for apprenticeship in new and emerging industries or
CANEI means the committee for apprenticeship in new and emerging industries created in section 8-15.7-104.
(6.5) Committee for apprenticeship in the building and construction trades
or CABCT means the committee for apprenticeship in the building and construction trades created in section 8-15.7-103.
(7) Department means the department of labor and employment.
(8) Director means the director of the SAA.
(9) Executive director means the executive director of the department.
(9.5) Federal regulations means the regulations promulgated by the United
States secretary of labor under the National Apprenticeship Act, 29 U.S.C. sec. 50.
(10) Repealed.
(11) Qualified intermediary means an entity that demonstrates expertise in
connecting employers or apprenticeship program participants to registered apprenticeship programs or in convening stakeholders to develop registered apprenticeship programs and serves employers and apprenticeship program participants by:
(a) Connecting employers to programs under the national apprenticeship
system;
(b) Assisting in the design and implementation of apprenticeship programs,
including curriculum development and delivery for related instruction;
(c) Supporting entities, sponsors, or apprenticeship program administrators
in meeting and reporting the requirements of this article 15.7;
(d) Providing professional development activities, such as training to
mentors;
(e) Supporting the recruitment, retention, and apprenticeship program
completion of potential apprenticeship program participants, including nontraditional participants and apprenticeship populations and individuals with barriers to employment;
(f) Developing and providing personalized apprenticeship program
participant supports, including partnering with organizations to provide access to or referrals for supportive services and financial advising;
(g) Providing services, resources, and supports for the development,
delivery, expansion, or improvement of apprenticeship programs under the national apprenticeship system; or
(h) Serving as an apprenticeship program sponsor.
(12) Quality assurance assessment means a comprehensive review
conducted by the SAA regarding all aspects of an apprenticeship program's performance, including determining whether:
(a) The apprentices are receiving on-the-job training consistent with the
schedule outlined in the registered apprenticeship program standards;
(b) Scheduled wage increases are consistent with the registered
apprenticeship program standards;
(c) Related instruction through the appropriate curriculum and delivery
systems is compliant with federal and state standards; and
(d) The SAA is receiving notification of all new apprentices in a registered
apprenticeship program, apprentices who leave a registered apprenticeship program, and apprentices who complete a registered apprenticeship program.
(12.5) Recognized state apprenticeship agency means the state
apprenticeship agency, if recognized by the United States department of labor, or any other state apprenticeship agency recognized by the United States department of labor as the apprenticeship agency for the state.
(13) Registered apprenticeship program means an apprenticeship program
that is registered by the SAA pursuant to this article 15.7.
(13.5) Registration agency means the United States department of labor's
office of apprenticeship or a recognized state apprenticeship agency.
(14) Registration of apprenticeship programs means the acceptance and
recording of an apprenticeship program by the United States department of labor's office of apprenticeship or registration or approval of an apprenticeship program by a state apprenticeship agency that is recognized by the United States department of labor's office of apprenticeship in conformity with federal regulations. Approval is evidenced by a certificate of registration or other written documentation.
(15) Sponsor means:
(a) Any person, association, committee, or organization operating an
apprenticeship program and in whose name the program is registered or approved; or
(b) Any person, association, committee, or organization that is operating an
apprenticeship program and is applying to have the apprenticeship program registered or approved in its name.
(16) State apprenticeship agency or SAA means the state apprenticeship
agency created in section 8-15.7-102.
(17) State apprenticeship council or SAC means the state apprenticeship
council established pursuant to section 8-15.7-105.
(18) State-approved program means a high school career and technical
education program established by a state-level advisory board described in section 8-15.7-201 (2).
Source: L. 2021: Entire article added, (HB 21-1007), ch. 309, p. 1879, � 1,
effective July 1. L. 2023: (2)(c), (3), (4), (6), (14), (15), and (17) amended, (6.3), (6.5), (9.5), (12.5), and (13.5) added, and (10) repealed, (SB 23-051), ch. 37, p. 134, � 3, effective March 23. L. 2024: (14) amended, (SB 24-103), ch. 32, p. 101, � 3, effective August 7; (18) added, (SB 24-104), ch. 299, p. 2037, � 2, effective August 7.
Cross references: For the legislative declaration in SB 24-104, see section 1
of chapter 299, Session Laws of Colorado 2024.
8-15.7-102. State apprenticeship agency - created - director - powers and
duties - rules - repeal. (1) There is created in the department the state apprenticeship agency. The executive director shall appoint a director of the SAA. The SAA shall:
(a) Serve as the primary point of contact with the United States department
of labor's office of apprenticeship;
(b) Accelerate new apprenticeship program growth on a geographically
diverse basis, especially in high-demand occupations, while ensuring quality standards;
(b.5) Establish the state apprenticeship council, which operates under the
direction of the SAA, to provide advice and guidance to the SAA;
(c) Provide administrative support to the SAC in carrying out its duties;
(d) Work in partnership with relevant state agencies to reduce duplication of
postsecondary program approval;
(e) Seek recognition by the United States department of labor and operate
the SAA in conformity with federal regulations;
(f) Coordinate the registered apprenticeship programs with Colorado's
economic development strategies and publicly funded workforce investment system; and
(g) to (j) (Deleted by amendment, L. 2023.)
(k) Monitor and evaluate apprenticeship programs' performance and
compliance with federal and state standards.
(l) to (r) (Deleted by amendment, L. 2023.)
(s) (I) Review applications for and issue income tax credit certificates as
specified in section 39-22-562 and promulgate rules to establish standards for the certificates.
(II) This subsection (1)(s) is repealed, effective December 31, 2037.
(2) The SAA is a type 1 entity, as defined in section 24-1-105, and exercises
its powers and performs its duties and functions under the department.
(3) The SAA must follow all guidance documents issued by the United States
department of labor's office of apprenticeship.
(4) The director may promulgate rules as necessary to implement this article
15.7, which rules must conform with federal regulations.
(5) (a) The director may:
(I) Approve the registration of apprenticeship programs in conformity with
federal regulations; and
(II) Approve the deregistration of apprenticeship programs at the request of
the sponsor or after a hearing pursuant to section 8-15.7-107.
(b) The determination of the director is a final agency action that is subject
to judicial review pursuant to section 24-4-106.
(6) The director shall contribute education and workforce data beginning in
the 2025-26 state fiscal year, as necessary, to the Colorado statewide longitudinal data system consistent with the governance practices established by the Colorado statewide longitudinal data system governing board pursuant to section 24-37.5-125 (4).
Source: L. 2021: Entire article added, (HB 21-1007), ch. 309, p. 1882, � 1,
effective July 1. L. 2022: (2) amended, (SB 22-162), ch. 469, p. 3383, � 87, effective August 10. L. 2023: (1) and (4) amended and (5) added, (SB 23-051), ch. 37, p. 135, � 4, effective March 23. L. 2024: (1)(s) added, (HB 24-1439), ch. 163, p. 775, � 3, effective May 10; (6) added, (HB 24-1364), ch. 238, p. 1559, � 6, effective May 23.
Cross references: For the short title (the Debbie Haskins 'Administrative
Organization Act of 1968' Modernization Act) in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.
8-15.7-103. Committee for apprenticeship in the building and construction
trades - created - members - powers and duties. (1) The director shall establish the committee for apprenticeship in the building and construction trades as a subcommittee of the SAC to advise the SAA on registered apprenticeship programs for the building and construction trades in the state.
(2) (a) The CABCT consists of seventeen members appointed as follows:
(I) The director shall appoint ten voting members familiar with
apprenticeable occupations as follows:
(A) Four representatives from employer organizations, one of whom
represents a statewide employer organization, one of whom represents an employer involved with an apprenticeship program targeting populations with barriers to employment, and one of whom represents a statewide organization of general and specialty commercial construction contractors that is knowledgeable about registered apprenticeship programs;
(B) Four representatives from employee organizations, one of whom
represents a statewide employee organization; and
(C) Two representatives of the public; and
(II) The governor shall appoint seven nonvoting, ex officio members to serve
on the CABCT, all of whom are concurrently appointed to the CANEI pursuant to section 8-15.7-104 (2)(a)(II), as follows:
(A) One representative from the department;
(B) One representative of career and technical education programs;
(C) One representative with experience in economic development;
(D) One representative of training providers;
(E) One representative of the state work force development council created
in section 24-46.3-101;
(F) One member who is interested in promoting equal opportunity in
apprenticeship; and
(G) One representative from the department of higher education.
(b) (I) Of the members appointed by the director, the initial term of office of
three members from employer organizations, two members from employee organizations, and one representative of the public is three years, and the initial term of office of the remaining four members is four years. Thereafter, the terms of the members appointed by the director are four years.
(II) Of the members appointed by the governor, the initial term of office of
the three members appointed pursuant to subsections (2)(a)(II)(A), (2)(a)(II)(B), and (2)(a)(II)(C) of this section is three years and the initial term of office of the three members appointed pursuant to subsections (2)(a)(II)(D), (2)(a)(II)(E), and (2)(a)(II)(F) of this section is four years. Thereafter, the terms of the members appointed by the governor are four years.
(c) The director shall appoint one member of the CABCT to serve as the chair
for a term of two years. A chair may be appointed to serve no more than two full terms.
(d) If a member fails to complete the member's term, the appointing
authority shall appoint a new member to complete the remainder of the term.
(e) Members shall serve without compensation for their service; except that
members may receive a per diem as established by the director and reimbursement for travel and other necessary expenses incurred in the performance of their official duties.
(f) The CABCT:
(I) Shall meet at least quarterly and at the request of the director as needed
to accomplish the objectives of the CABCT;
(II) Shall provide timely written notice of all meetings to the department;
(III) May determine its own procedural rules; and
(IV) Is subject to article 6 of title 24.
(g) No member of the CABCT may receive any compensation from an
apprenticeship program.
(3) For the building and construction trades, the CABCT shall perform the
following duties as a subcommittee of the SAC:
(a) Advise the SAA on the minimum standards for registration of
apprenticeship programs;
(b) Advise the SAA on state plans, rules, and administrative procedures
pertinent to the operation of apprenticeship programs and equal employment opportunities in apprenticeships;
(c) Support the SAA in communications, technical assistance, and promoting
promising practices in registered apprenticeship programs; and
(d) Provide an annual report to the executive director with apprenticeship
data disaggregated by age, race, gender, veteran status, disability, and industry.
(e) to (i) (Deleted by amendment, L. 2023.)
Source: L. 2021: Entire article added, (HB 21-1007), ch. 309, p. 1883, � 1,
effective July 1. L. 2023: (1), IP(2)(a), IP(2)(a)(II), (2)(c), IP(2)(f), (2)(f)(I), (2)(g), and (3) amended, (SB 23-051), ch. 37, p. 137, � 5, effective March 23. L. 2024: IP(2)(a) and IP(2)(a)(II) amended, (SB 24-103), ch. 32, p. 101, � 4, effective August 7.
8-15.7-104. Committee for apprenticeship in new and emerging industries -
created - members - powers and duties. (1) The director shall establish the committee for apprenticeship in new and emerging industries as a subcommittee of the SAC to advise the SAA on apprenticeship programs that are not within the jurisdiction of the CABCT.
(2) (a) The CANEI consists of fifteen members appointed as follows:
(I) The director shall appoint eight voting members who represent, and are
regularly evaluated to ensure that the representation aligns with, high-demand jobs, as stated in the annual Colorado talent report prepared pursuant to section 24-46.3-103 (3), as follows:
(A) Three representatives of employer organizations that are not within the
building and construction trades; at least one of whom represents an employer involved with a program explicitly targeting populations with barriers to employment, including women, people of color, ex-offenders, and persons with disabilities; one of whom represents youth with barriers to employment; and one of whom represents out-of-school youth;
(B) Three representatives from employee organizations that are not within
the building and construction trades;
(C) One representative from a qualified intermediary; and
(D) One member of the public.
(II) The governor shall appoint seven nonvoting, ex officio members, all of
whom are concurrently appointed to the CABCT pursuant to section 8-15.7-103 (2)(a)(II), to the CANEI.
(b) (I) Of the members appointed by the director, the initial term of office of
one employer member, one employee member, and one representative of the public is three years and the initial term of office of the remaining five members is four years. Thereafter, the terms of the members are four years.
(II) The terms of office of the nonvoting, ex officio members appointed
pursuant to subsection (2)(a)(II) of this section are the same as the terms of office of those members as specified in section 8-15.7-103 (2)(b)(II).
(III) The director shall appoint one member of the CANEI to serve as the chair
for a term of two years. A chair may be appointed to serve no more than two full terms.
(c) If a member fails to complete the member's term, the appointing
authority shall appoint a new member to complete the remainder of the term.
(d) Members shall serve without compensation for their service; except that
members may receive a per diem as established by the director and reimbursement for travel and other necessary expenses incurred in the performance of their official duties.
(e) The CANEI:
(I) Shall meet at least quarterly and at the request of the director as needed
to accomplish the objectives of the CANEI;
(II) Shall provide timely written notice of all meetings to the department;
(III) May determine its own procedural rules; and
(IV) Is subject to article 6 of title 24.
(f) No member of the CANEI may receive any compensation from an
apprenticeship program.
(3) For all apprenticeships that are not within the building and construction
trades and not under the jurisdiction of the CABCT, the CANEI shall perform the following duties as a subcommittee of the SAC:
(a) Advise the SAA on the minimum standards for registration of
apprenticeship programs;
(b) Advise the SAA on state plans, rules, and administrative procedures
pertinent to the operation of apprenticeship programs and equal employment opportunities in apprenticeships;
(c) Support the SAA in communications, technical assistance, and promoting
promising practices in registered apprenticeship programs; and
(d) Provide an annual report to the executive director with apprenticeship
data disaggregated by age, race, gender, veteran status, disability, and industry.
(e) to (i) (Deleted by amendment, L. 2023.)
Source: L. 2021: Entire article added, (HB 21-1007), ch. 309, p. 1886, � 1,
effective July 1. L. 2023: (1), IP(2)(a), (2)(a)(II), (2)(b)(III), IP(2)(e), (2)(e)(I), (2)(f), and (3) amended, (SB 23-051), ch. 37, p. 139, � 6, effective March 23. L. 2024: IP(2)(a) and (2)(a)(II) amended, (SB 24-103), ch. 32, p. 101, � 5, effective August 7.
8-15.7-105. State apprenticeship council - created - members - powers and
duties. (1) (a) The director shall establish the state apprenticeship council to provide advice and guidance to the state apprenticeship agency on the operation of the state's apprenticeship system.
(b) The SAC:
(I) Is composed of persons familiar with apprenticeable occupations;
(II) Includes an equal number of representatives of employer and employee
organizations and includes members of the public who must not number more than the number of representatives of either employer or employee organizations;
(III) Includes all the members of the CABCT and CANEI.
(c) The chairs of the CABCT and CANEI shall serve as co-chairs of the SAC.
(1.5) The SAC may convene additional subcommittees as needed to fulfill its
duties.
(2) The SAC shall:
(a) Publish a statement defining the CABCT's jurisdiction of the building and
construction trades and update the statement periodically as necessary as determined by the SAC; and
(b) Resolve conflicts and complaints that arise between the CABCT and the
CANEI as determined by the SAC.
(3) If there is a tie among the SAC members in determining a resolution to a
conflict, the director shall break the tie. A decision of the SAC is final.
(4) The CABCT has jurisdiction over apprenticeship programs for
occupations in the building and construction trades. For purposes of this section, occupations are in the building and construction trades if either:
(a) Workers in the occupation perform construction, reconstruction,
renovation, alteration, demolition, painting, repair, or maintenance work for roads, highways, buildings, structures, industrial facilities, or energy production, energy transmission, or energy distribution, or improvements of any type; or
(b) Apprentices in the apprenticeship program will be employed by licensed
contractors.
Source: L. 2021: Entire article added, (HB 21-1007), ch. 309, p. 1888, � 1,
effective July 1. L. 2023: Entire section amended, (SB 23-051), ch. 37, p. 140, � 7, effective March 23.
8-15.7-106. Application for registration of apprenticeship programs -
diversity initiatives - deregistration - rules. (1) Within thirty days after the United States department of labor recognizes the SAA, the SAA shall accept applications for the registration of apprenticeship programs in conformity with federal regulations.
(2) Each apprenticeship program that registers with the SAA shall adopt a
written diversity recruitment plan that ensures equal opportunity in the recruitment, selection, employment, and training of apprentices. The plan must comply with federal regulations concerning equal employment. The SAA shall file a compliant equal employment opportunity in apprenticeship state plan in conformity with federal regulations.
(3) (a) The SAA may deregister an apprenticeship program at the request of
the sponsor or, after a hearing in conformity with federal regulations, for noncompliance with this article 15.7 pursuant to conditions and rules established by the SAA.
(b) Any apprenticeship program deregistered for noncompliance with this
article 15.7 or any rules promulgated pursuant to this article 15.7 may present evidence to the SAA that the program is compliant. The apprenticeship program's registration may be reinstated:
(I) No earlier than one year after issuance of the deregistration order;
(II) If the SAA determines that the apprenticeship program has an
acceptable set of standards and is in compliance with all requirements for registered apprenticeship programs under this article 15.7; and
(III) If the apprenticeship program is prepared to enroll one or more
apprentices.
(4) Upon request to the SAA, a sponsor may reverse a voluntary
deregistration within six months after its effective date if on that date the SAA had no current grounds to initiate involuntary deregistration proceedings.
Source: L. 2021: Entire article added, (HB 21-1007), ch. 309, p. 1888, � 1,
effective July 1. L. 2023: (1), (2), (3)(a), and (3)(b)(III) amended, (SB 23-051), ch. 37, p. 141, � 8, effective March 23.
8-15.7-107. Hearings. (1) The SAA shall conduct hearings for the purpose of
resolving compliance issues or deregistration issues with a registered apprenticeship program in conformity with federal regulations.
(2) The determination of the SAA is a final agency action that is subject to
judicial review pursuant to section 24-4-106.
(3) Sponsors may appeal to the United States department of labor's office of
apprenticeship for a final determination in conformity with federal regulations.
Source: L. 2021: Entire article added, (HB 21-1007), ch. 309, p. 1889, � 1,
effective July 1. L. 2023: Entire section R&RE, (SB 23-051), ch. 37, p. 142, � 9, effective March 23.
8-15.7-108. Rules. (1) The director may promulgate rules to implement this
article 15.7, which rules must conform with federal regulations. The rules may include, but are not limited to, rules that address:
(a) The eligibility requirements for apprenticeship programs to be registered
by the SAA;
(b) The requirements for a person or entity to be a sponsor;
(c) The conditions and proceedings for curing noncompliance with this
article 15.7 and for the deregistration of a registered apprenticeship program; and
(d) Grievance procedures for complaints not under the jurisdiction of the
United States equal employment opportunity commission, including complaints concerning apprentices not moving through an apprenticeship program in a timely manner and insufficient on-the-job learning or classroom time.
Source: L. 2021: Entire article added, (HB 21-1007), ch. 309, p. 1890, � 1,
effective July 1. L. 2023: IP(1) and (1)(d) amended, (SB 23-051), ch. 37, p. 142, � 10, effective March 23.
PART 2
CAREER AND TECHNICAL EDUCATION
AND REGISTERED APPRENTICESHIPS
Cross references: For the legislative declaration in SB 24-104, see section 1
of chapter 299, Session Laws of Colorado 2024.
8-15.7-201. State apprenticeship agency - community college system -
career and technical education - apprenticeship programs - alignment. (1) The state apprenticeship agency, in coordination with the career and technical education division of the Colorado community college system, shall align the high school career and technical education system and the registered apprenticeship system for programs and occupations related to infrastructure, advanced manufacturing, education, or health care. On or before July 1, 2026, the state apprenticeship agency and the career and technical education division must:
(a) Establish at least one state-level advisory board that will create state-approved programs that align with registered apprenticeship programs;
(b) Use each state-level advisory board to align the competencies of high
school career and technical education division programs with registered apprenticeship programs; and
(c) Educate registered apprenticeship sponsors on how to include credit for
previous experience from career and technical education in program standards.
(2) The state-level advisory boards shall select which high school career and
technical education division programs to align with registered apprenticeship programs based on available registered apprenticeship programs in the relevant occupations and other criteria as established by the state apprenticeship agency in collaboration with the career and technical education division.
(3) On and after July 1, 2026, the state apprenticeship agency, in
coordination with the career and technical education division of the Colorado community college system, shall expand the number of aligned programs in infrastructure, advanced manufacturing, education, and health care or related occupations identified as top jobs by the annual Colorado talent pipeline report produced pursuant to section 24-46.3-103 (3)(a). The state-approved programs do not invalidate existing or future career and technical education division programs that have demonstrated alignment to high wage, high skills, or in-demand industries.
(4) The office of future of work in the department shall engage in proactive
outreach to foster collaboration between registered apprenticeship programs, the Colorado community college system, career and technical education programs, institutions of higher education, and other training providers in the related programs and occupations to facilitate awareness of opportunities for current and prospective participants.
(5) The community college system may receive funding for the services
described in this section through a limited purpose fee-for-service contract pursuant to section 23-18-308 (1)(m).
Source: L. 2024: Entire part added, (SB 24-104), ch. 299, p. 2037, � 3,
effective August 7.
PART 3
SCALE-UP GRANT PROGRAM
8-15.7-301. Definitions. As used in this part 3:
(1) Applicant means a person that applies to receive a grant from the scale-up grant program.
(2) Scale-up grant fund or fund means the scale-up grant fund created in
section 8-15.7-305.
(3) Scale-up grant program or grant program means the scale-up grant
program created in section 8-15.7-302.
Source: L. 2024: Entire part added, (HB 24-1439), ch. 163, p. 776, � 4,
effective May 10.
8-15.7-302. Scale-up grant program - creation - application process - data.
(1) On or before January 1, 2025, the department shall establish the scale-up grant program to establish new registered apprenticeship programs or expand existing programs in Colorado.
(2) The department shall:
(a) Create an application process through which it selects grant recipients to
participate in the grant program, with the goal of accelerating new apprenticeship program growth, diversifying participants in apprenticeship programs, and diversifying the geographic distribution of apprenticeship programs, especially in high-priority, high-demand industries, while ensuring quality standards;
(b) Select grant recipients that are employers or sponsors that:
(I) Plan to develop and register a new registered apprenticeship program; or
(II) Currently offer a registered apprenticeship program and plan to expand
it;
(c) Outline performance expectations for grant recipients participating in the
grant program, including maintaining accurate and timely data in the federal registered apprenticeship partners information database system, or a successor database; and
(d) Collect data concerning the grant program, including:
(I) The number of employers benefiting from the grant program;
(II) The number of apprentices benefiting from the grant program;
(III) The wages for apprentices benefiting from the grant program;
(IV) The demographics of the apprentices served by the grant recipients; and
(V) Any other information deemed appropriate by the department.
Source: L. 2024: Entire part added, (HB 24-1439), ch. 163, p. 776, � 4,
effective May 10.
8-15.7-303. Applicants. (1) An applicant shall submit an application to the
department in a form and manner established by the department that is designed to maximize participation. In the application, the applicant shall:
(a) Provide a detailed proposal and operations plan for the growth or
development of a registered apprenticeship program; and
(b) Submit any other information deemed appropriate by the department.
(2) Applicants must not have received or have been selected to receive
funding from the qualified apprenticeship intermediary grant program pursuant to section 8-15.7-402.
Source: L. 2024: Entire part added, (HB 24-1439), ch. 163, p. 777, � 4,
effective May 10.
8-15.7-304. Report. On or before December 31, 2026, the department shall
submit a report compiling the information collected pursuant to section 8-15.7-302 (2)(d) to the house of representatives business affairs and labor committee and the senate business, labor, and technology committee, or their successor committees.
Source: L. 2024: Entire part added, (HB 24-1439), ch. 163, p. 777, � 4,
effective May 10.
8-15.7-305. Scale-up grant fund - creation - gifts, grants, or donations -
transfer. (1) There is created in the state treasury the scale-up grant fund. Money in the fund is annually appropriated to the department to implement the grant program and pay for the department's direct and indirect costs in administering the grant program.
(2) On July 1, 2024, the state treasurer shall transfer two million dollars from
the general fund to the scale-up grant fund.
(3) The department may seek, accept, and expend gifts, grants, and
donations from private or public sources for the purposes of this part 3.
(3.5) On June 30, 2025, the state treasurer shall transfer five hundred
thousand dollars from the scale-up grant fund to the general fund.
(4) The state treasurer shall transfer all unexpended and unencumbered
money remaining in the fund at the end of state fiscal year 2026-27 to the general fund.
Source: L. 2024: Entire part added, (HB 24-1439), ch. 163, p. 777, � 4,
effective May 10. L. 2025: (3.5) added, (SB 25-264), ch. 129, p. 498, � 2, effective April 25.
8-15.7-306. Repeal of part. This part 3 is repealed, effective July 1, 2027.
Source: L. 2024: Entire part added, (HB 24-1439), ch. 163, p. 778, � 4,
effective May 10.
PART 4
QUALIFIED APPRENTICESHIP INTERMEDIARY
GRANT PROGRAM
8-15.7-401. Definitions. As used in this part 4:
(1) Applicant means a person that applies to receive a grant from the
qualified apprenticeship intermediary grant program.
(2) Qualified apprenticeship intermediary has the same meaning as
qualified intermediary as set forth in section 8-15.7-101 (11).
(3) Qualified apprenticeship intermediary grant fund or fund means the
qualified apprenticeship intermediary grant fund created in section 8-15.7-405.
(4) Qualified apprenticeship intermediary grant program or grant
program means the qualified apprenticeship intermediary grant program created in section 8-15.7-402.
Source: L. 2024: Entire part added, (HB 24-1439), ch. 163, p. 778, � 4,
effective May 10.
8-15.7-402. Qualified apprenticeship intermediary grant program -
creation - application process - data. (1) On or before January 1, 2025, the department shall establish the qualified apprenticeship intermediary grant program to support entities that demonstrate expertise in connecting employers or apprenticeship program participants to registered apprenticeship programs or in convening stakeholders to develop registered apprenticeship programs.
(2) The department shall:
(a) Create an application process through which it selects grant recipients to
participate in the grant program, with the goal of expanding apprenticeship programs, diversifying participants in apprenticeship programs, and diversifying geographic distribution of apprenticeship programs, especially in high-priority, high-demand industries, while ensuring quality standards;
(b) Select and prioritize grant program recipients based on:
(I) An applicant's record of success in supporting job seekers, apprentices,
employers, and sponsors;
(II) The regional diversity of the areas served by an applicant;
(III) The diversity of populations served by an applicant; and
(IV) How the registered apprenticeship programs served by the applicant
meet talent needs in high-priority, high-demand industries;
(c) Outline performance expectations for grant recipients participating in the
grant program; and
(d) Collect data concerning the grant program that includes:
(I) The number of employers benefiting from the grant program;
(II) The number of apprentices benefiting from the grant program;
(III) The demographics of the apprentices served by the grant recipients;
(IV) A description of the services provided by the grant recipient;
(V) The names of the registered apprenticeship programs and occupations
impacted by the services provided by the grant recipient; and
(VI) Any other information deemed appropriate by the department.
(3) Grant recipients shall not use money from the grant program for
apprentice wages.
Source: L. 2024: Entire part added, (HB 24-1439), ch. 163, p. 778, � 4,
effective May 10.
8-15.7-403. Application. (1) An applicant shall submit an application to the
department in a form and manner established by the department that is designed to maximize participation. In the application, the applicant shall:
(a) Describe how the grant will be used to expand or diversify registered
apprenticeship programs in Colorado; and
(b) Submit any other information deemed appropriate by the department.
(2) An applicant must:
(a) Be a qualified apprenticeship intermediary; and
(b) Applicants must not have received or have been selected to receive
funding from the scale-up grant program pursuant to section 8-15.7-302.
(3) The SAA shall post a list of the types of entities eligible to apply to the
grant program on the SAA's website, including labor management training partnerships, multiemployer apprenticeship sponsors, economic development organizations, apprenticeship training committees, local workforce boards, local school districts or boards of cooperative services, industry or trade associations, nonprofit organizations, and community colleges.
Source: L. 2024: Entire part added, (HB 24-1439), ch. 163, p. 779, � 4,
effective May 10.
8-15.7-404. Report. On or before December 31, 2026, the department shall
submit a report compiling the information collected pursuant to section 8-15.7-402 (2)(d) to the house of representatives business affairs and labor committee and the senate business, labor, and technology committee, or their successor committees.
Source: L. 2024: Entire part added, (HB 24-1439), ch. 163, p. 780, � 4,
effective May 10.
8-15.7-405. Qualified apprenticeship intermediary grant fund - creation -
transfer
C.R.S. § 9-5-106
9-5-106. Implementation plan. The builder of any project regulated by this article shall create an implementation plan that guarantees the timely and evenly phased delivery of the required number of accessible units. Such plan shall clearly specify the number and type of units required and the order in which they are to be completed. Such implementation plan shall be subject to approval by the entity with enforcement authority in such project's jurisdiction. The implementation plan shall not be approved if more than thirty percent of the project is intended to be completed without providing a portion of accessible units required by section 9-5-105; except that, if an undue hardship can be demonstrated, or other guarantees provided are deemed sufficient, the jurisdiction having responsibility for enforcement may grant exceptions to this requirement. The implementation plan shall be approved by the governmental unit responsible for enforcement before a building permit is issued.
Source: L. 2003: Entire article amended with relocations, p. 1421, � 1,
effective April 29.
ARTICLE 5.5
Elevator and Escalator
Certification
9-5.5-101. Short title. This article shall be known and may be cited as the
Elevator and Escalator Certification Act.
Source: L. 2007: Entire article added, p. 1412, � 1, effective January 1, 2008.
9-5.5-102. Legislative declaration. The general assembly hereby declares
that in order to ensure minimum safety standards throughout Colorado, the regulation of conveyances is a matter of statewide concern. Nothing in this article shall be construed to prevent a local jurisdiction from regulating conveyances.
Source: L. 2007: Entire article added, p. 1412, � 1, effective January 1, 2008.
9-5.5-103. Definitions. As used in this article 5.5, unless the context
otherwise requires:
(1) Accredited national conveyance association means a conveyance
association that is accredited to certify conveyance inspectors by a nationally recognized standards association, including, without limitation, ASME or ASCE.
(2) Administrator means the director of the division of oil and public safety
within the department of labor and employment or the director's designee.
(3) Approved local jurisdiction means a local jurisdiction that has been
approved by the administrator pursuant to section 9-5.5-112.
(4) ASCE means the American society of civil engineers or its successor.
(5) ASCE 21 means the American society of civil engineers automated
people mover standards published as ASCE standard number ASCE 21-96 as amended by ASCE.
(6) ASME means the American society of mechanical engineers or its
successor.
(7) ASME A17.1 means the safety code for elevators and escalators
published as A17.1 - 2000 Safety Code for Elevators and Escalators as amended by ASME international.
(8) ASME A17.3 means the safety code for elevators and escalators
published as A17.3 - 2002 Safety Code for Existing Elevators and Escalators as amended by ASME international.
(9) ASME A18.1 means the safety code for elevators and escalators
published as A18.1 - 2003 Safety Standard for Platform Lifts and Stairway Chairlifts as amended by ASME international.
(10) Certificate of operation means a document issued by the administrator
or an approved local jurisdiction for a conveyance indicating that the conveyance has been inspected by the administrator, an approved local jurisdiction, or a licensed third-party conveyance inspector and approved under this article.
(11) Conveyance means a mechanical device to which this article applies
pursuant to section 9-5.5-104.
(12) Conveyance contractor means a person who engages in the business
of erecting, constructing, installing, altering, servicing, repairing, or maintaining conveyances.
(13) Conveyance helper or apprentice means a person who works under the
general direction of a certified conveyance mechanic.
(14) Conveyance mechanic means a person who erects, constructs, installs,
alters, services, repairs, or maintains conveyances.
(15) Dormant conveyance means a conveyance that has been temporarily
placed out of service.
(15.5) Fund means the conveyance safety fund created in section 9-5.5-111
(2)(b).
(16) Licensee means a person who is licensed as a conveyance contractor,
conveyance mechanic, or conveyance inspector pursuant to this article.
(17) Local jurisdiction means a city, county, or city and county or any agent
thereof.
(18) Private residence means a separate dwelling, or a separate apartment
in a multiple-apartment dwelling, that is occupied by members of a single-family unit.
(18.5) Private residence conveyance means a powered passenger
conveyance that is limited in size, capacity, rise, and speed and is designed to be installed in a private residence or in a multiple-family dwelling as a means of access to a private residence.
(19) Single-family residence means a private residence that is a separate
building or an individual residence that is part of a row of residences joined by common sidewalls.
(20) Third-party conveyance inspector means a disinterested conveyance
inspector who is retained to inspect a conveyance but is not employed by or affiliated with the owner of the conveyance nor the conveyance mechanic whose repair, alteration, or installation is being inspected.
Source: L. 2007: Entire article added, p. 1412, � 1, effective January 1, 2008. L.
2010: (10) amended and (18.5) added, (HB 10-1231), ch. 75, p. 254, � 1, effective August 11. L. 2025: IP amended and (15.5) added, (SB 25-275), ch. 377, p. 2035, � 34, effective August 6.
9-5.5-104. Scope. (1) Except as provided in subsection (2) of this section,
this article applies to the design, construction, operation, inspection, testing, maintenance, alteration, and repair of the following equipment:
(a) Hoisting and lowering mechanisms equipped with a car or platform that
moves between two or more landings. Such equipment includes elevators and platform lifts, personnel hoists, and dumbwaiters.
(b) Power-driven stairways and walkways for carrying persons between
landings. Such equipment includes, but is not limited to, escalators and moving walks.
(c) Automated people movers as defined in ASCE 21.
(2) This article 5.5 does not apply to the following:
(a) Material hoists;
(b) Manlifts;
(c) Mobile scaffolds, towers, and platforms;
(d) Powered platforms and equipment for exterior and interior maintenance;
(e) Conveyors and related equipment;
(f) Cranes, derricks, hoists, hooks, jacks, and slings;
(g) Industrial trucks within the scope of ASME publication B56;
(h) Items of portable equipment that are not portable escalators;
(i) Tiering or piling machines used to move materials between storage
locations that operate entirely within one story;
(j) Equipment for feeding or positioning materials at machine tools, printing
presses, and other similar equipment;
(k) Skip or furnace hoists;
(l) Wharf ramps;
(m) Railroad car lifts or dumpers;
(n) Line jacks, false cars, shafters, moving platforms, and similar equipment
used by a certified conveyance contractor for installing a conveyance;
(o) Conveyances at facilities regulated by the mine safety and health
administration in the United States department of labor, or its successor, pursuant to the Federal Mine Safety and Health Act of 1977, Pub.L. 91-173, codified at 30 U.S.C. sec. 801 et seq., as amended;
(p) Elevators within the facilities of gas or electric utilities that are not
accessible to the public;
(q) A passenger tramway as defined in section 12-150-103 (5);
(r) Conveyances in a single-family residence; or
(s) Stairway chair lifts as defined in ASME A18.1 - 2005.
(3) This article shall not be construed to prohibit a local jurisdiction from
regulating conveyances if the local jurisdiction has standards that meet or exceed the standards established by this article.
Source: L. 2007: Entire article added, p. 1414, � 1, effective January 1, 2008. L.
2010: IP(1), (1)(a), IP(2), (2)(q), and (2)(r) amended and (2)(s) added, (HB 10-1231), ch. 75, pp. 254, 255, �� 2, 3, effective August 11. L. 2019: IP(2) and (2)(q) amended, (HB 19-1172), ch. 136, p. 1650, � 28, effective October 1.
9-5.5-105. Similar or higher standards authorized. This article shall not be
construed to prevent the use of systems, methods, or devices of equivalent or superior quality, strength, fire resistance, code effectiveness, durability, and safety to those required by this article if technical documentation demonstrates such equivalency or superiority.
Source: L. 2007: Entire article added, p. 1415, � 1, effective January 1, 2008.
9-5.5-106. License required. (1) (a) A person shall not erect, construct, alter,
replace, maintain, remove, or dismantle a conveyance within a building or structure unless the person is licensed as a conveyance mechanic and is working under the supervision of a certified conveyance contractor. A person shall not wire a conveyance unless the person is licensed as a conveyance mechanic and is working under the supervision of a certified conveyance contractor. No other license shall be required for work described in this paragraph (a).
(b) A person shall not be required to be a certified conveyance contractor or
licensed conveyance mechanic to remove or dismantle conveyances that are destroyed as a result of a complete demolition of a secured building or structure or where the hoistway or wellway is demolished back to the basic support structure and no access that endangers the safety of a person is permitted.
(c) A conveyance helper or apprentice shall not be required to be licensed
when working under the supervision of a licensed conveyance mechanic.
(2) A person shall not inspect a conveyance within a building or structure,
including but not limited to a private residence, for purposes of the issuance of a certificate of operation unless licensed as a conveyance inspector.
Source: L. 2007: Entire article added, p. 1415, � 1, effective January 1, 2008.
9-5.5-107. License qualifications - contractor - mechanic - inspector. (1) (a)
To be licensed, a person shall apply solely with the administrator. An applicant shall not be licensed as a conveyance mechanic unless the applicant possesses a certificate of completion of a conveyance mechanic program as approved by the administrator.
(b) In lieu of qualifying pursuant to paragraph (a) of this subsection (1), an
applicant shall qualify if the applicant holds a valid license from another state having standards that, at a minimum, are substantially similar to those imposed by this article as determined by the administrator.
(c) In lieu of qualifying pursuant to paragraph (a) of this subsection (1), an
applicant shall qualify if the applicant:
(I) Has passed an examination, as determined by the administrator, on the
codes and standards that apply to conveyances; and
(II) Furnishes to the administrator acceptable evidence that the applicant
worked as a conveyance mechanic for at least three years without direct supervision.
(d) Repealed.
(2) (a) An applicant shall not be licensed as a conveyance inspector unless
the applicant is certified to inspect conveyances by a nationally recognized conveyance association.
(b) Repealed.
(c) In lieu of qualifying pursuant to paragraph (a) of this subsection (2), an
applicant appointed or designated as a conveyance inspector shall qualify if the applicant is eligible to, and intends to, become nationally certified within one year. A license issued pursuant to this section shall expire upon the termination of employment with the local jurisdiction or after one year from the date of licensure, whichever occurs first. A license issued pursuant to this paragraph (c) shall not be eligible for renewal unless the applicant has obtained national certification.
(3) (a) A person who is not qualified to be a conveyance contractor shall not
be certified as a conveyance contractor.
(b) To qualify to be a certified conveyance contractor, an applicant shall
demonstrate the following qualifications:
(I) The applicant shall employ at least one licensed conveyance mechanic;
and
(II) The applicant shall comply with the insurance requirements in section 9-5.5-115.
(c) Repealed.
Source: L. 2007: Entire article added, p. 1416, � 1, effective January 1, 2008. L.
2008: (2)(c) added, p. 1996, � 1, effective July 1. L. 2010: (3)(c) repealed, (HB 10-1231), ch. 75, p. 255, � 4, effective August 11.
Editor's note: (1) Subsection (1)(d)(II) provided for the repeal of subsection
(1)(d), effective July 1, 2008. (See L. 2007, p. 1416.)
(2) Subsection (2)(b)(II) provided for the repeal of subsection (2)(b), effective
July 1, 2011. (See L. 2007, p. 1416.)
9-5.5-108. License - rules - issuance - renewal - fee. (1) (a) Upon the
administrator's approval of an application, the administrator shall license the conveyance contractor, conveyance mechanic, or conveyance inspector.
(b) The administrator shall promulgate rules requiring a conveyance
mechanic to obtain at least eight hours of continuing education every two years.
(2) (a) When an emergency exists in this state due to a disaster, act of God,
or work stoppage and the number of certified conveyance mechanics in the state is insufficient to deal with the emergency, a certified conveyance contractor may respond as necessary to assure the safety of the public. A person who, in the judgment of a certified conveyance contractor, has an acceptable combination of documented experience and education to perform conveyance work without direct supervision shall seek an emergency conveyance mechanic certification from the administrator within five business days after commencing work for which certification as a conveyance mechanic is required.
(b) The administrator shall issue emergency conveyance mechanic
certifications pursuant to paragraph (a) of this subsection (2). The certified conveyance contractor recommending a person for an emergency conveyance mechanic certification shall furnish such proof of the person's competency as the administrator may require.
(c) Each emergency conveyance mechanic certification shall be, and shall
state that it is, valid for sixty days after the date of issuance and for such particular conveyances or geographical areas as the administrator may designate. Such certification shall entitle the holder to the rights of a certified conveyance mechanic. The administrator shall renew an emergency conveyance mechanic certification during the existence of an emergency. No fee shall be charged for the issuance or renewal of an emergency conveyance mechanic certification.
(3) (a) A certified conveyance contractor shall notify the administrator when
there are no certified conveyance mechanics available to perform conveyance work. The certified conveyance contractor may request that the administrator issue a temporary conveyance mechanic certification to a person who, in the judgment of the certified conveyance contractor, has an acceptable combination of documented experience and education to perform conveyance work without direct supervision. Any such person shall immediately seek a temporary conveyance mechanic certification from the administrator and shall pay such fee as the administrator shall determine.
(b) Each such certification shall be, and shall state that it is, valid for thirty
days after the date of issuance and while employed by the certified conveyance contractor who certified the individual as qualified. The certification shall be renewable as long as there is a shortage of licensed conveyance mechanics.
(4) Except for certified inspectors who qualified during the immediately
preceding twelve months, the administrator shall not renew a certification issued under this section unless the person meets the qualifications for certification under section 9-5.5-107.
(5) The administrator shall establish and collect annual fees for licenses
issued pursuant to this section. The fees shall be in an amount to offset the direct and indirect costs of administering this article.
Source: L. 2007: Entire article added, p. 1417, � 1, effective January 1, 2008.
9-5.5-109. License discipline. (1) A certification issued pursuant to this
article may be suspended or revoked upon a finding by the administrator of any of the following:
(a) A false statement in the application concerning a material matter;
(b) Fraud, misrepresentation, or bribery in applying for certification;
(c) Failure to notify the owner or lessee of a conveyance and the
administrator or approved local jurisdiction, if any, of a condition not in compliance with this article; or
(d) A violation of any provision of this article or of any rule adopted pursuant
to this article.
(2) The suspension or revocation of a license shall be made as a result of a
notice of violation in accordance with section 8-20-104, C.R.S.
(3) The administrator shall not issue a license to a person whose license has
been revoked within the last two years.
Source: L. 2007: Entire article added, p. 1418, � 1, effective January 1, 2008. L.
2010: (1)(c) amended, (HB 10-1231), ch. 75, p. 255, � 5, effective August 11.
9-5.5-110. Accident reports. The owner shall report to the administrator or
an approved local jurisdiction, within twenty-four hours, any accident that results in serious injury to an individual.
Source: L. 2007: Entire article added, p. 1419, � 1, effective January 1, 2008.
9-5.5-111. Registration of existing conveyances - conveyance safety fund -
created. (1) On or before August 1, 2008, the owner or lessee of every existing conveyance shall register the conveyance with the administrator. The registration shall include the type, rated load and speed, name of manufacturer, location, intended purpose for use, and such additional information as the administrator may require. Conveyances constructed or completed after July 1, 2008, shall be registered before they are placed in service.
(2) (a) The administrator shall set annual fees on conveyances for which the
administrator has issued the current certificate of operation in an amount necessary to offset the costs of registration and of the administration of this article in accordance with section 24-4-104, C.R.S.
(b) Fees collected pursuant to this article 5.5 shall be transmitted to the
state treasurer, who shall credit the same to the conveyance safety fund, which is hereby created in the state treasury. Moneys in the fund shall be subject to annual appropriation by the general assembly and shall be used to implement this article 5.5. The moneys in the fund and interest earned on the moneys in the fund shall not revert to the general fund or be transferred to any other fund.
(3) Repealed.
Source: L. 2007: Entire article added, p. 1419, � 1, effective January 1, 2008. L.
2015: (2)(b) amended, (HB 15-1261), ch. 322, p. 1313, � 4, effective June 5. L. 2020: (3) added, (HB 20-1406), ch. 178, p. 811, � 4, effective June 29. L. 2021: (3) repealed, (SB 21-266), ch. 423, p. 2795, � 6, effective July 2. L. 2025: (2)(b) amended, (SB 25-275), ch. 377, p. 2035, � 35, effective August 6.
9-5.5-112. Compliance - rules. (1) The administrator shall promulgate rules
for the construction, alteration, repair, service, and maintenance of conveyances. Except as provided in subsection (3) of this section, such rules shall conform to the following standards:
(a) ASCE 21;
(b) ASME A17.1;
(c) ASME A17.3; and
(d) ASME A18.1.
(2) (a) The administrator shall determine whether a local jurisdiction's
standards are equal to or greater than those of this article. If so, then the administrator shall enter into a memorandum of agreement with the local jurisdiction that approves the jurisdiction's authority to regulate conveyances.
(b) The administrator may establish a schedule for a local jurisdiction to
adopt updated standards, equaling or exceeding the standards imposed under subsection (1) of this section, which shall be adopted within a reasonable amount of time as needed for a local jurisdiction to update its standards.
(3) (a) (I) Except as provided in subparagraph (II) of this paragraph (a), the
administrator shall promulgate rules exempting a conveyance installed before July 1, 2008, from compliance with ASME A17.3 until approval is required by section 9-5.5-113 for substantial alteration or remodeling of the conveyance.
(II) The administrator shall, in cooperation with local jurisdictions,
promulgate rules that authorize the administrator or a local jurisdiction to require an elevator to comply with any portion of ASME A17.3 necessary to protect against a material risk to the public safety.
(b) In promulgating the rules required by subsection (1) of this section, the
administrator may adopt changes to the standards listed in subsection (1) of this section that the administrator deems to be in the public interest, including, without limitation, adopting modifications to, changing the applicability of, exempting conveyances from, changing inspector witnessing requirements of, and defining events that trigger the applicability of all or a portion of the standards.
Source: L. 2007: Entire article added, p. 1419, � 1, effective January 1, 2008. L.
2008: Entire section amended, p. 1996, � 2, effective July 1.
9-5.5-113. Conveyance - installation and repair - notice of construction and
initial inspection. (1) The owner or lessee of a conveyance shall not erect, construct, install, or alter a conveyance within a building or structure unless it conforms to the rules adopted by the administrator under this article and the work is performed by a certified conveyance contractor.
(2) The owner or lessee of a conveyance shall not erect, construct, or install
a conveyance within a building or structure unless a notice, including the construction plans, has been sent to the administrator or approved local jurisdiction at least thirty days prior to construction and the administrator or approved local jurisdiction has approved the construction.
(3) The owner or lessee of the property where a new or altered conveyance is
located shall not operate or permit it to be operated unless:
(a) The conveyance has passed an initial inspection conducted by the
administrator, approved local jurisdiction, or third-party inspector;
(b) The person conducting the inspection determines that the conveyance is
safe and complies with the rules adopted by the administrator or approved local jurisdiction; and
(c) The administrator or approved local jurisdiction has issued a certificate of
operation for the conveyance.
Source: L. 2007: Entire article added, p. 1419, � 1, effective January 1, 2008. L.
2010: Entire section amended, (HB 10-1231), ch. 75, p. 255, � 6, effective August 11.
9-5.5-114. Periodic inspections and registrations - rules. (1) (a) The
administrator shall promulgate rules requiring the owner or lessee of a conveyance to periodically certify that the administrator, an approved local jurisdiction, or a licensed third-party conveyance inspector has determined that the conveyance is safe and complies with the rules adopted by the administrator or approved local jurisdiction. Upon such certification, the administrator or approved local jurisdiction shall issue a certificate of operation for the conveyance.
(b) and (c) (Deleted by amendment, L. 2010, (HB 10-1231), ch. 75, p. 256, � 7,
effective August 11, 2010.)
(2) Upon request, the administrator shall provide notice to the owner of a
private residence where a conveyance is located with relevant information about conveyance safety requirements. The penalty provisions of this article shall not apply to private residence owners.
(3) The administrator shall promulgate rules requiring the owner of the
conveyance to have it periodically inspected by a third-party conveyance inspector and the periodic expiration of certificates of operation.
(4) The administrator shall promulgate rules allowing the continued
operation of a private residence conveyance that was installed prior to January 1, 2008, in a building that is not a single-family residence.
(5) The owner or lessee of a conveyance shall not permit the conveyance to
be operated unless the owner or lessee obtains a certificate of operation from the administrator or approved local jurisdiction.
(6) The owner or lessee shall pay a fee in an amount determined by the
administrator for a certificate of operation issued by the administrator. The administrator shall set the fee in accordance with section 24-4-103, C.R.S., to approximate the actual cost of issuing a certificate of operation.
Source: L. 2007: Entire article added, p. 1420, � 1, effective January 1, 2008.
L. 2010: (1) amended and (4), (5), and (6) added, (HB 10-1231), ch. 75, p. 256, � 7, effective August 11. L. 2013: (6) amended, (HB 13-1300), ch. 316, p. 1664, � 11, effective August 7.
9-5.5-115. Insurance. (1) Each conveyance contractor shall submit to the
administrator an insurance policy, certificate of insurance, or certified copy of either issued by an insurance company authorized to do business in Colorado. Such policy shall provide general liability coverage of at least one million dollars for injury or death in each occurrence and coverage for at least five hundred thousand dollars for property damage in each occurrence. In addition, a conveyance contractor shall submit evidence of the insurance coverage mandated by the Workers' Compensation Act of Colorado, articles 40 to 47 of title 8, C.R.S.
(2) Certified conveyance inspectors shall submit to the administrator an
insurance policy, certificate of insurance, or certified copy of either issued by an insurance company authorized to do business in Colorado. Such policy shall provide general liability coverage of at least one million dollars for injury or death in each occurrence and coverage for at least five hundred thousand dollars for property damage in each occurrence.
(3) The administrator shall not certify a conveyance contractor or
conveyance inspector unless the applicant has delivered the policy, certified copy, or certificate of insurance required by this section in a form approved by the administrator. A certified conveyance contractor or conveyance inspector shall notify the administrator at least ten days before a material alteration, amendment, or cancellation of a policy is made.
(4) This section shall not apply to a local jurisdiction or the employee of a
local jurisdiction in the performance of the employee's official duties.
Source: L. 2007: Entire article added, p. 1420, � 1, effective January 1, 2008.
L. 2008: (1) and (2) amended and (4) added, p. 1997, � 3, effective July 1.
9-5.5-116. Enforcement - rules. (1) The administrator may adopt rules to
administer and enforce this article. The administrator may use certified conveyance inspectors for any investigation of an alleged violation of the rules or this article. The administrator may appoint an advisory board to assist in the formulation of rules authorized by this section.
(2) A person may request an investigation into an alleged violation of the
rules or this article, or of a danger posed by any conveyance, by giving notice to the administrator of such violation or danger. Such notice shall be in writing, shall set forth with reasonable particularity the grounds for the notice, and shall be signed by the person making the request. Upon the request of a person signing the notice, such person's name shall not appear on any copy of such notice or any record published, released, or made available.
(3) Upon receipt of such notification, if the administrator determines that
there are reasonable grounds to believe that such violation or danger exists, the administrator shall investigate in accordance with this article to determine if such violation or danger exists. If the administrator determines that there are no reasonable grounds to believe that a violation or danger exists, the administrator shall notify the party in writing of such determination.
Source: L. 2007: Entire article added, p. 1421, � 1, effective January 1, 2008.
9-5.5-117. Liability. This article shall not be construed to relieve or lessen
the responsibility or liability of a person owning, operating, controlling, maintaining, erecting, constructing, installing, altering, inspecting, testing, or repairing a conveyance for damages to person or property caused by a defect, nor does the state of Colorado assume any such liability or responsibility by the adoption or enforcement of this article.
Source: L. 2007: Entire article added, p. 1421, � 1, effective January 1, 2008.
9-5.5-118. Criminal penalties. A person who violates section 9-5.5-106 or 9-5.5-111 commits a petty offense and, upon conviction, shall be punished as provided
in section 18-1.3-503.
Source: L. 2007: Entire article added, p. 1421, � 1, effective January 1, 2008. L.
2021: Entire section amended, (SB 21-271), ch. 462, p. 3145, � 104, effective March 1, 2022.
9-5.5-119. Dangerous conveyance - administrative orders. (1) (a) If, upon
the inspection of a conveyance, the conveyance is found to be in a dangerous condition, an immediate hazard to those riding or using it, or designed or operated in an inherently dangerous manner, the certified conveyance inspector shall notify:
(I) The owner;
(II) The approved local jurisdiction; and
(III) If the conveyance is not within an approved local jurisdiction, the
administrator.
(b) Upon being notified pursuant to paragraph (a) of this subsection (1), the
administrator or approved local jurisdiction shall order such alterations or additions as may be deemed necessary to eliminate the danger.
(2) (a) In lieu of repairing or altering a dangerous conveyance pursuant to
subsection (1) of this section, an owner or a lessee may have the conveyance made dormant. A dormant conveyance shall not be used until it is made safe in compliance with this article. In order to qualify under this subsection (2), the owner or lessee of a dormant conveyance shall:
(I) Remove the fuses and lock the mainline disconnect switch in the off
position;
(II) Park the car and close and latch the hoistway doors;
(III) Have a certified conveyance inspector place a wire seal on the mainline
disconnect switch; and
(IV) Prevent the conveyance from being used.
(b) A conveyance shall not be made dormant for more than five years. Upon
making a conveyance dormant, a certified conveyance inspector shall report the fact to the administrator.
Source: L. 2007: Entire article added, p. 1422, � 1, effective January 1, 2008.
9-5.5-120. Repeal of article. This article 5.5 is repealed, effective
September 1, 2031. Before the repeal, the functions of the administrator are scheduled for review in accordance with section 24-34-104.
Source: L. 2007: Entire article added, p. 1422, � 1, effective January 1, 2008.
L. 2015: Entire section amended, (HB 15-1353), ch. 318, p. 1298, � 1, effective August 5. L. 2022: Entire section amended, (HB 22-1212), ch. 253, p. 1846, � 2, effective May 26.
ARTICLE 5.7
Amenities for All Genders in Public Buildings
9-5.7-101. Legislative declaration. (1) The general assembly finds and
declares that:
(a) It is a matter of statewide concern to promote the public welfare by
providing access to non-gendered restroom facilities that are convenient for people of all genders, including those outside the gender binary;
(b) The lack of adequate restroom facilities leads to unsafe and inequitable
conditions for Colorado children, families, and communities. Experts from health providers to faith leaders, including the occupational safety and health administration, stress the need for single occupancy non-gendered restrooms and multiple-occupant or multiple-stalled non-gendered restrooms to be accessible for all employees and individuals. The lack of accessibility to restroom facilities that are consistent with an individual's gender identity singles out those individuals and can result in experiences of harassment and cause those individuals to avoid restrooms entirely, which can lead to potentially serious physical injury or illness. Access to non-gendered restrooms has far-reaching benefits for parents caring for a child, including parents with young children who need to access a baby diaper changing station and individuals with disabilities who have a caretaker of a different gender to assist them.
(c) Men's restrooms and single-stall restrooms typically do not provide baby
diaper changing stations. This creates accessibility inequity for parents and care providers who do not identify as women or who may not be comfortable using women's restrooms and creates potential health and safety problems for babies. Without clean and safe baby diaper changing stations, these care providers may be forced to resort to unsafe and unsanitary locations, such as restroom floors, to change babies' diapers. Requiring equitable access to amenities in public restrooms would make it easier for parents and care providers of all genders to find a safe and suitable place to change babies' diapers. Providing safe, reliable, and clean baby diaper changing stations in all restroom facilities enables better caretaking for infants by all parents and care providers and safer conditions for infants.
(d) Requiring all single-stall restrooms to be designated for use by any
gender reduces wait times and increases comfort and accessibility for care providers and people receiving care, individuals with diverse gender expressions, and LGBT individuals. For LGBT individuals or individuals with diverse gender expressions, using gendered facilities can pose health and safety issues stemming from experiences of harassment and physical threats in gendered facilities regardless of which gendered facility they use or their physical presentation. Due to these experiences and associated stigma, some people avoid using public restrooms whenever possible and may refrain from eating, drinking, or relieving themselves for extended periods of time in order to avoid gendered facilities. Delaying or avoiding using the restroom can have physical health implications.
(e) The I.P.C. includes two amendments regarding non-gendered restrooms.
One amendment requires signage on single-stall restrooms to indicate that they are open to any user regardless of gender. The other amendment allows the creation of non-gendered multi-stall designs with shared sinks and each toilet in a private compartment.
(f) The I.P.C. also requires that single-stall restrooms be identified for use by
all individuals regardless of sex and allows for multi-user facilities to serve all genders. The Colorado state architect adopts codes for construction at all state-owned buildings and facilities and has adopted the 2021 edition of the international building code.
Source: L. 2023: Entire article added, (HB 23-1057), ch. 254, p. 1438, � 1,
effective August 7. L. 2025: (1)(e) amended, (SB 25-275), ch. 377, p. 2036, � 36, effective August 6.
9-5.7-102. Definitions. As used in this article 5.7, unless the context
otherwise requires:
(1) Accessible to the public means any indoor or outdoor space or area that
is open to the public. This does not include private offices or workspaces that are generally not open to customers or public visitors.
(2) Certified historic structure means a property located in Colorado that
has been certified by the state historical society or an entity other than the owner of the property that is authorized, pursuant to section 24-80.1-105 (1), to nominate properties to the state register of historic properties as a historic structure because it has been:
(a) Listed individually on, or as a contributing property in a district included
within, the national register of historic places;
(b) Listed individually on, or as a contributing property in a district that is
included within, the state register of historic properties pursuant to article 80.1 of title 24; or
(c) Listed individually by, or as a contributing property within a designated
historic district of, a certified local government.
(3) Gender-specific restroom means a restroom that is designated for use
by only one gender.
(3.4) I.P.C. means the International Plumbing Code, 2021 edition.
(4) LGBT individual means an individual who is a member of the lesbian,
gay, bisexual, transgender, and nonbinary community.
(5) Non-gendered multi-stall restroom means a restroom with multiple
toilets that is available for use by people of any gender, including a restroom with shared sinks but each toilet is in a private compartment.
(6) Non-gendered single-stall restroom means a restroom that is available
for use by people of any gender that is a fully enclosed room with a locking mechanism controlled by the user and contains a sink, toilet, and no more than one urinal.
(7) Public entity means a state department or state agency, a state
institution of higher education, as defined in section 23-18-102 (10), a county, a city and county, or a municipality. For purposes of this article 5.7, a state agency does not include any building owned and operated as an education facility by the department of education or a school district, charter school, or institute charter school.
(8) (a) Renovation of a restroom means construction to a restroom:
(I) For which a permit is required other than for a repair; and
(II) That includes changing the structure by:
(A) Increasing the square footage;
(B) Installing or modifying a plumbing or electric system;
(C) Adding, gutting, or removing exterior restroom walls; or
(D) Installing a heating, ventilation, or air conditioning system.
(b) For purposes of this section, renovation does not include repairs to or
replacement of fixtures or features of the restroom in order to restore something that is damaged, deteriorated, or broken in a restroom to its original function that does not meet the criteria described in subsection (8)(a) of this section.
Source: L. 2023: Entire article added, (HB 23-1057), ch. 254, p. 1440, � 1,
effective August 7. L. 2024: (7) and (8) R&RE, (HB 24-1450), ch. 490, p. 3406, � 16, effective August 7. L. 2025: (3.4) added, (SB 25-275), ch. 377, p. 2036, � 37, effective August 6.
9-5.7-103. Restrooms - baby diaper changing stations - applicability -
signage - enforcement. (1) On and after January 1, 2024, a building that is wholly or partially owned by a public entity that is:
(a) Scheduled for renovation of a restroom must:
(I) Provide a non-gendered single-stall restroom or a non-gendered multi-stall restroom where a restroom is accessible to the public;
(II) Ensure that any single-stall restroom is not a gender-specific restroom;
(III) Allow for the use of a multi-stall restroom by any gender if certain
facility features are met pursuant to the I.P.C. or any subsequent international plumbing code adopted as part of the Colorado plumbing code and the Colorado fuel gas code adopted by the state plumbing board pursuant to section 12-155-106;
(IV) Provide any caregiver on the gender binary that is caring for an infant
access to at least one safe, sanitary, and convenient baby diaper changing station where a restroom is accessible to the public as follows:
(A) If only gender-specific restrooms are available, at least one changing
table in each restroom;
(B) If a non-gendered single-stall restroom is available, at least one
changing table in that restroom, and public entities are encouraged to also provide changing tables in each of the single-stall gender-specific restrooms;
(C) If a non-gendered multi-stall restroom is available, at least one changing
table in that restroom, and public entities are encouraged to also provide changing tables in each of the gender-specific restrooms; or
(D) An easily accessible location with equivalent privacy and amenities as a
restroom; and
(V) Ensure that each baby diaper changing station is maintained, repaired,
and replaced as necessary to ensure safety and ease of use and cleaned with the same frequency as the restroom in which it is located or restrooms on the same floor or in the same space if the changing table is located in a restroom;
(b) A newly constructed building on each floor must:
(I) Provide a non-gendered single-stall restroom or a non-gendered multi-stall restroom on each floor where a restroom is accessible to the public;
(II) Ensure that any single-stall restroom is not a gender-specific restroom;
(III) Allow for the use of a multi-stall restroom by any gender if certain
facility features are met pursuant to the I.P.C. or any subsequent international plumbing code adopted as part of the Colorado plumbing code and the Colorado fuel gas code adopted by the state plumbing board pursuant to section 12-155-106;
(IV) Provide any caregiver on the gender binary that is caring for an infant
access to at least one safe, sanitary, and convenient baby diaper changing station that is accessible to the public on each floor where there is a restroom accessible to the public and that includes:
(A) If only gender-specific restrooms are available, at least one changing
table in each restroom;
(B) If a non-gendered single-stall restroom is available, at least one
changing table in that restroom, and public entities are encouraged to also provide changing tables in each of the single-stall gender-specific restrooms;
(C) If a non-gendered multi-stall restroom is available, at least one changing
table in that restroom, and public entities are encouraged to also provide changing tables in each of the gender-specific restrooms; or
(D) An easily accessible location with equivalent privacy and amenities as a
restroom; and
(V) Ensure that each baby diaper changing station is maintained, repaired,
and replaced as necessary to ensure safety and ease of use and cleaned with the same frequency as the restroom in which it is located or restrooms on the same floor or in the same space if the changing table is not located in a restroom.
(2) On and after July 1, 2025, a building that is wholly or partially owned by a
public entity that:
(a) Is accessible to employees or enrolled students and that is scheduled for
renovation of a restroom must:
(I) Provide a non-gendered single-stall restroom or a non-gendered multi-stall restroom;
(II) Ensure that any single-stall restroom is not a gender-specific restroom;
and
(III) Allow for the use of a multi-stall restroom by any gender if certain
facility features are met pursuant to the I.P.C. or any subsequent international plumbing code adopted as part of the Colorado plumbing code and the Colorado fuel gas code adopted by the state plumbing board pursuant to section 12-155-106;
(b) Is a newly constructed building on each floor must:
(I) Provide a non-gendered single-stall restroom or a non-gendered multi-stall restroom;
(II) Ensure that any single-stall restroom is not a gender-specific restroom;
and
(III) Allow for the use of a multi-stall restroom by any gender if certain
facility features are met pursuant to the I.P.C. or any subsequent international plumbing code adopted as part of the Colorado plumbing code and the Colorado fuel gas code adopted by the state plumbing board pursuant to section 12-155-106.
(3) Beginning July 1, 2024, but no later than July 1, 2026, subject to available
appropriations for public entities that are a state agency, a building that is wholly or partially owned or leased by a public entity must ensure that signage for the building or the portion of the building leased or owned complies with the following signage requirements:
(a) Any restroom with a baby diaper changing station must have signage with
a pictogram void of gender that indicates the presence of the baby diaper changing station;
(b) Any non-gendered multi-stall restroom or single-gendered or non-gendered single-stall restroom must have signage with a pictogram void of gender;
(c) Each building that is accessible to the public must include signage at or
near the entrance to the building indicating the location of restrooms and baby diaper changing stations. If there is a central directory accessible to the public identifying the location of offices, restrooms, and other facilities in the buildings, that central directory must indicate with a pictogram void of gender the location of any baby diaper changing station and the location of any non-gendered multi-stall restroom or single-stall restroom.
(d) All buildings accessible to the public with non-gendered multi-stall
restrooms or non-gendered single-stall restrooms must update signage, if necessary, to include a pictogram void of gender.
(4) All restrooms subject to subsections (1) and (2) of this section shall
comply with the current ADA standards for accessible design set forth in 28 CFR 35, applicable to public entities and promulgated in accordance with the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., as amended.
(5) Subsections (1) and (2) of this section do not apply to the renovation of a
restroom or a newly constructed building project if:
(a) A local building permitting entity or building inspector determines that
the installation of a baby diaper changing station in accordance with subsection (1)(d) of this section would result in a failure to comply with applicable building standards governing the right of access for individuals with disabilities. The permitting entity or building inspector may grant an exemption from the requirements of this section under those circumstances, if there is documentation demonstrating that no alternative design is possible that complies with the right of access for individuals with disabilities and a good faith attempt has been made to design a restroom in a manner that would accommodate individuals with disabilities and the installation of a baby diaper changing station in accordance with subsection (1)(d) of this section.
(b) The project has already progressed through the design review process,
budgeting, and final approval by the governing body that has final approval over capital construction project expenditures as of August 7, 2023; or
(c) The building is designated as a certified historic structure.
(6) Any employee with a designated workplace that is in a building wholly or
partially owned by a public entity who claims to be aggrieved by a discriminatory or an unfair practice as defined by part 4 of article 34 of title 24, including failure to comply with this article 5.7, may individually or through their attorney-at-law make, sign, and file with the Colorado civil rights division, created in section 24-34-302, a verified written charge stating the name and address of the respondent alleged to have committed the discriminatory or unfair practice. The charge must set forth the particulars of the alleged discriminatory or unfair practice and contain any other information required by the Colorado civil rights division.
Source: L. 2023: Entire article added, (HB 23-1057), ch. 254, p. 1441, � 1,
effective August 7. L. 2025: (5)(b) amended, (SB 25-300), ch. 428, p. 2439, � 6, effective August 6.
9-5.7-104. Restroom survey of state-owned buildings - priority of
modifications. (1) (a) The department of personnel shall complete a survey and provide it to the general assembly and the capital development committee determining the number and locations of signs that need to be replaced or modified pursuant to section 9-5.7-103 (3) for existing restrooms across all buildings wholly or partially owned by the state.
(b) For a building that is wholly or partially owned or leased by the state or a
state agency, if signage is needed at either the restroom location or the directory, a public entity that is a state agency or a state institution of higher education shall provide information on the number and locations of signs that need to be modified and may request state funding subject to available appropriations in order to comply with section 9-5.7-103 (3) to the state architect.
(2) The department of personnel shall provide an interim report to the
general assembly and the capital development committee by January 1, 2024, and a final report by July 1, 2024.
(3) For purposes of complying with section 9-5.7-103 (3), the department of
personnel
The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)