Colorado HVAC & Mechanical Licensing Law

Colorado Code · 185 sections

The following is the full text of Colorado’s hvac & mechanical licensing law statutes as published in the Colorado Code. For the official version, see the Colorado Legislature.

C.R.S. § 10-2-801

10-2-801. Licenses - denial, suspension, revocation, termination - reporting of actions - definitions. (1) The commissioner may place an insurance producer on probation; suspend, revoke, or refuse to issue, continue, or renew an insurance producer license; order restitution to be paid from an insurance producer; or assess a civil penalty pursuant to section 10-2-804 or 10-3-1108, if, after notice to the insurance producer licensee and after a hearing held in accordance with sections 24-4-104 and 24-4-105, C.R.S., the commissioner finds that as to the licensee or applicant any one or more of the following conditions exist:

(a)  Any incorrect, misleading, incomplete, or materially untrue information in

the license application;

(b)  Any cause for which issuance of the license could have been refused had

it then existed and been known to the commissioner at the time of issuance;

(c)  Violation of, or noncompliance with, section 18-13-130, C.R.S., or any

insurance law, or violation of any lawful rule, order, or subpoena of the commissioner or of the insurance department of another state;

(d)  Obtaining or attempting to obtain any such license through

misrepresentation or fraud;

(e)  Improperly withholding, misappropriating, or converting to the licensee's

or applicant's own use any moneys or property belonging to policyholders, insurers, beneficiaries, or others received in the course of the business of insurance;

(f)  Misrepresentation of the terms of any actual or proposed insurance

contract or application for insurance;

(g) (I)  Conviction of a felony or misdemeanor involving moral turpitude.


(II)  For the purposes of this paragraph (g), moral turpitude shall include any

sexual offense against a child as defined in section 18-3-411, C.R.S.

(h)  Commission of any unfair trade practice or fraud;


(i)  The use of fraudulent, coercive, or dishonest practices or demonstrating

incompetence, untrustworthiness, or financial irresponsibility in this state or elsewhere;

(j)  Suspension, revocation, or denial of an insurance license in any other

state, province, district, or territory;

(k)  Forgery of another's name to an application for insurance or to any

document related to an insurance transaction;

(l)  Cheating on an examination, including, but not limited to, improperly using

notes or any other reference material to complete an examination for an insurance license;

(m)  Failure to fully meet the licensing requirements;


(n)  Knowingly accepting insurance business from a person who is not

licensed;

(o)  Failing to comply with an administrative or court order imposing a child

support obligation;

(p)  Failing to pay state income tax or comply with any administrative or court

order directing payment of state income tax; or

(q)  Profiting either directly or indirectly from the business of a cash-bonding

agent or professional cash-bail agent unless the person profiting is registered as a cash-bonding agent or professional cash-bail agent and the profit is derived from their own business.

(1.5)  The commissioner shall revoke the license of an insurance producer

licensee if, after notice to the insurance producer licensee and after a hearing held in accordance with sections 24-4-104 and 24-4-105, C.R.S., the commissioner finds that the licensee was convicted under section 18-5-211, C.R.S.

(2)  In the event that the action by the commissioner is to not renew or

continue or to deny an application for a license, the commissioner shall notify the applicant or licensee of the reasons for such action and advise, in writing, the applicant or licensee of the reason for the denial or nonrenewal of the applicant's or licensee's license.

(3) (a)  A producer or business entity shall report to the commissioner any

administrative action taken against the producer in another jurisdiction or by another governmental agency in this state within thirty days after the final disposition of the matter. This report shall include a copy of the order, consent to order, or other relevant legal document.

(b)  A producer shall report within thirty days after the conviction to the

commissioner if he or she is convicted under section 18-5-211, C.R.S.

(4)  Within thirty days after the initial pretrial hearing date, a producer or

business entity shall report to the commissioner any criminal prosecution of the producer in any jurisdiction. The report shall include a copy of the initial complaint, the order resulting from the hearing, and any other relevant legal documents.

(5)  If the commissioner revokes the license of an insurance producer

pursuant to this section, or if an insurance producer surrenders its license to avoid discipline by the commissioner, the insurance producer shall not be eligible to apply for a new insurance producer license for two years after the date the license is revoked or surrendered and returned to the commissioner pursuant to section 10-2-802 (1).

(6)  For the purposes of this section, restitution means benefits or moneys

owed due to the regulated entity's violation of this title.

Source: L. 93: Entire article R&RE, p. 1371, � 1, effective January 1, 1995. L.

2001: Entire section amended, p. 1210, � 33, effective January 1, 2002. L. 2008: (5) added, p. 210, � 5, effective March 26; IP(1) amended and (6) added, p. 585, � 1, effective August 5. L. 2012: (1)(c) amended and (1)(q) added, (HB 12-1266), ch. 280, p. 1501, � 17, effective July 1. L. 2014: (1.5) added and (3) amended, (SB 14-092), ch. 190, p. 710, � 2, effective July 1.

Editor's note: This section is similar to former �� 10-2-115, 10-2-116, 10-2-117,

and 10-2-212 as they existed prior to 1993.

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. § 12-10-901

12-10-901. Definitions. As used in this part 9, unless the context otherwise requires:

(1)  Gas-fueled appliance means a furnace, HVAC system, boiler, water

heater, oven, stove, or dryer that directly combusts a gaseous or liquid fuel to provide services within a home.

(2)  Heat pump means an electrical device that uses a refrigeration cycle to:


(a)  Heat the internal space of a structure by transferring thermal energy

from outside of the structure to inside the structure; or

(b)  Cool the internal space of a structure by transferring thermal energy

from the inside of the structure to the outside of the structure.

(3)  Home warranty service company or company means any person that

undertakes a contractual obligation on a new or preowned home through a home warranty service contract.

(4) (a)  Home warranty service contract means any contract or agreement

whereby a person undertakes for a predetermined fee, with respect to a specified period of time, to maintain, repair, or replace any or all of the following elements of a specified new or preowned home:

(I)  Structural components, such as the roof, foundation, basement, walls,

ceilings, or floors;

(II)  Utility systems, such as electrical, air conditioning, plumbing, HVAC, and

heating systems, including furnaces; and

(III)  Appliances, such as stoves, washers, dryers, and dishwashers.


(b)  Home warranty service contract does not include:


(I)  Any contract or agreement whereby a public utility undertakes for a

predetermined fee, with respect to a specified period of time, to repair or replace any or all of the elements of a specified new or preowned home as specified in subsection (4)(a)(II) or (4)(a)(III) of this section; or

(II)  A builder's warranty provided in connection with the sale of a new home.


(5)  HVAC system means a heating, ventilation, and air conditioning system.


(6)  Person includes an individual, company, corporation, association, agent,

and every other legal entity.

(7)  Preowned means any of the following that is occupied as a residence

and not owned by the builder-developer or first occupant:

(a)  A single-family residence;


(b)  A residential unit in a multiple-dwelling structure; or


(c)  A mobile home on a foundation.


Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

715, � 1, effective October 1. L. 2023: Entire section amended, (HB 23-1134), ch. 43, p. 165, � 2, effective August 7.

Editor's note: This section is similar to former � 12-61-602 as it existed prior

to 2019.

Cross references: For the legislative declaration in HB 23-1134, see section 1

of chapter 43, Session Laws of Colorado 2023.

C.R.S. § 12-10-903

12-10-903. Contract requirements. (1) Every home warranty service contract shall contain the following information:

(a)  A specific listing of all items or elements excluded from coverage;


(b)  A specific listing of all other limitations in coverage, including the

exclusion of preexisting conditions if applicable;

(c)  The procedure that is required to be followed in order to obtain repairs or

replacements;

(d)  A statement as to the time period, following notification to the company,

within which the requested repairs will be made or replacements will be provided;

(e)  The specific duration of the home warranty service contract, including an

exact termination date that is not contingent upon an unspecified future closing date or other indefinite event;

(f)  A statement as to whether the home warranty service contract is

transferable;

(g)  A statement that actions under a home warranty service contract may be

covered by the provisions of the Colorado Consumer Protection Act or the Unfair Practices Act, articles 1 and 2 of title 6, and that a party to such a contract may have a right of civil action under those laws, including obtaining the recourse or penalties specified in those laws.

(2) (a)  A home warranty service contract issued or renewed in this state on or

after July 1, 2024, that provides coverage for the replacement of a gas-fueled appliance must include terms:

(I)  Allowing the homeowner the option to replace the gas-fueled appliance

with a similar device of the homeowner's choosing that operates on electricity rather than gas. A home warranty service contract may require a homeowner to pay any additional cost to replace a gas-fueled appliance with an appliance that has a cost that exceeds the cost of replacing the gas-fueled appliance with another gas-fueled appliance under the terms of the home warranty service contract; except that any additional cost to the homeowner for the replacement electric appliance, excluding any installation or other associated costs, must not exceed the retail cost of the replacement electric appliance minus the retail cost of a replacement gas-fueled appliance.

(II)  Providing that the home warranty service company is required to provide

a replacement appliance that satisfies the efficiency requirements set forth in article 7.5 of title 6 and any other state law.

(b) (I)  In the case of replacement of a gas-fueled furnace, HVAC system,

boiler, or water heater, a home warranty service contract must include terms that allow the homeowner to replace the furnace, HVAC system, boiler, or water heater with a heat pump-based system.

(II)  In the case of replacement of a gas-fueled stove, a home warranty

service contract must include terms that allow the homeowner to replace the gas-fueled stove with either an electric stove or an induction stove, at the homeowner's discretion.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

716, � 1, effective October 1. L. 2023: (2) added, (HB 23-1134), ch. 43, p. 166, � 3, effective August 7.

Editor's note: This section is similar to former � 12-61-611.5 as it existed prior

to 2019.

Cross references: For the legislative declaration in HB 23-1134, see section 1

of chapter 43, Session Laws of Colorado 2023.

C.R.S. § 12-115-103

12-115-103. Definitions. As used in this article 115, unless the context otherwise requires:

(1)  Apprentice means a person who is required to be registered as such

under section 12-115-115 (3)(a), who is in compliance with the provisions of this article 115, and who is working at the trade in the employment of a registered electrical contractor and is under the direct supervision of a licensed master electrician, journeyman electrician, or residential wireman.

(2)  Board means the state electrical board created in section 12-115-104.


(2.5)  Direct supervision means that the supervising licensed master

electrician, journeyman electrician, residential wireman, or photovoltaic installer is physically present at the same physical address where the apprentice is working.

(3)  Electric light, heat, and power means the standard types of electricity

that are regulated in accordance with the national electrical code, excluding chapter 8, communications systems.

(4)  Electrical contractor means any person, firm, copartnership,

corporation, association, or combination thereof that undertakes or offers to undertake for another the planning, laying out, supervising, and installing or the making of additions, alterations, and repairs in the installation of wiring apparatus and equipment for electric light, heat, and power. A licensed professional engineer who plans or designs electrical installation shall not be classed as an electrical contractor.

(5)  Electrical work means wiring for, installing, and repairing electrical

apparatus and equipment for electric light, heat, and power.

(6)  Journeyman electrician means a person having the necessary

qualifications, training, experience, and technical knowledge to wire for, install, and repair electrical apparatus and equipment for electric light, heat, and power, and for other purposes, in accordance with standard rules governing the work.

(7)  Master electrician means a person having the necessary qualifications,

training, experience, and technical knowledge to properly plan, lay out, and supervise the installation and repair of wiring apparatus and equipment for electric light, heat, and power, and for other purposes, in accordance with standard rules governing the work, such as the national electrical code.

(7.5)  NABCEP means the North American Board of Certified Energy

Practitioners.

(7.7)  NABCEP PV installation professional means an individual who is

certified by the NABCEP to install photovoltaic systems.

(8)  National electrical code means the code for the safe installation of

electrical wiring and equipment, as amended, published by the National Fire Protection Association and approved by the American National Standards Institute, or successor organizations.

(9)  Permanent state highway tunnel facilities means all permanent state

highway tunnels, shafts, ventilation systems, and structures and includes all structures, materials, and equipment appurtenant to the facilities. The term includes all electrical equipment, materials, and systems to be constructed, furnished, and installed as part of the final construction features specified by the applicable contract plans and specifications or by the national electrical code. For the purposes of this article 115 and article 20 of title 34, permanent state highway tunnel facilities shall be deemed to be mines during the construction of the facilities.

(9.3)  Photovoltaic installer has the meaning set forth in section 40-2-128

(2)(a.5).

(9.5)  PV installation training means training concerning photovoltaic

systems installation practices described in the PV Installation Professional Job Task Analysis document published by the NABCEP.

(10)  Qualified state institution of higher education means:


(a)  One of the state institutions of higher education established under,

specified in, and located upon the campuses described in sections 23-20-101 (1)(a) and 23-31-101, limited to the buildings owned or leased by those institutions on the campuses;

(b)  The institution whose campus is established under and specified in

section 23-20-101 (1)(b), but limited to the buildings located in Denver at 1380 Lawrence street, 1250 Fourteenth street, and 1475 Lawrence street; and

(c)  The institution whose campus is established under and specified in

section 23-20-101 (1)(d), but limited to current and future buildings owned, leased, or built on land owned on or before January 1, 2015, by the university of Colorado on the campus described in section 23-20-101 (1)(d).

(11)  Residential wireman means a person having the necessary

qualifications, training, experience, and technical knowledge to wire for, and install, electrical apparatus and equipment for wiring one-, two-, three-, and four-family dwellings.

(12)  Supervision means the management of a project to ensure that work

on the project is done correctly and according to the law.

(13)  Tiny home has the meaning set forth in section 24-32-3302 (35).


Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

843, � 1, effective October 1; (2.5) and (12) added and (3) amended, (SB 19-156), ch. 346, p. 3203, � 10, effective October 1. L. 2022: (13) added, (HB 22-1242), ch. 172, p. 1136, � 27, effective August 10. L. 2025: (2.5) and (3) amended and (7.5), (7.7), (9.3), and (9.5) added, (SB 25-165), ch. 370, p. 1996, � 1, effective August 6.

Editor's note: (1)  This section is similar to former � 12-23-101 as it existed

prior to 2019.

(2)  Before its relocation in 2019, this section was amended in SB 19-156.

Those amendments were superseded by the repeal and reenactment of this title 12, effective October 1, 2019. For those amendments to the former section in effect from July 1, 2019, to October 1, 2019, see SB 19-156, chapter 346, Session Laws of Colorado 2019.

C.R.S. § 12-120-403

12-120-403. Exemptions - definitions. (1) Nothing in this part 4 shall prevent any person, firm, corporation, or association from preparing plans and specifications for, designing, planning, or administering the construction contracts for construction, alterations, remodeling, additions to, or repair of, any of the following:

(a)  One-, two-, three-, and four-family dwellings, including accessory

buildings commonly associated with those dwellings;

(b)  Garages, industrial buildings, offices, farm buildings, and buildings for

the marketing, storage, or processing of farm products, and warehouses, that do not exceed one story in height, exclusive of a one-story basement, and, under applicable building codes, are not designed for occupancy by more than ten persons;

(c)  Additions, alterations, or repairs to the buildings referred to in

subsections (1)(a) and (1)(b) of this section that do not cause the completed buildings to exceed the applicable limitations set forth in this subsection (1);

(d)  Nonstructural alterations of any nature to any building if the alterations

do not affect the life safety of the occupants of the building.

(2)  Nothing in this part 4 shall prevent, prohibit, or limit any municipality or

county of this state, home rule or otherwise, from adopting such building codes as may, in the reasonable exercise of the police power of said governmental unit, be necessary for the protection of the inhabitants of the municipality or county.

(3)  Nothing in this part 4 shall be construed as curtailing or extending the

rights of any other profession or craft, including the practice of landscape architecture by landscape architects pursuant to article 130 of this title 12.

(4)  Nothing in this part 4 shall be construed as prohibiting the practice of

architecture by any employee of the United States government or any bureau, division, or agency of the United States government while in the discharge of the employee's official duties.

(5)  Nothing in this part 4 shall be construed to prevent the independent

employment of a licensed professional engineer practicing pursuant to part 2 of this article 120.

(6) (a)  Except as provided in subsection (6)(b) of this section, nothing in this

part 4 prevents an interior designer from preparing interior design documents and specifications for interior finishes and nonstructural elements within and surrounding interior spaces of a building or structure of any size, height, and occupancy and filing the documents and specifications for the purpose of obtaining approval for a building permit as provided by law from the appropriate city, city and county, or regional building authority, which city, city and county, or regional building authority may approve the filing in the same manner as for other professions and may only reject the filing for a reason provided in law, which reason may be based on a local government's ordinance, resolution, or building code adoption policy.

(b) (I)  Interior designers shall not be engaged in the construction of:


(A)  The structural frame system supporting a building;


(B)  Mechanical, plumbing, heating, air conditioning, ventilation, or electrical

vertical transportation systems;

(C)  Fire-rated vertical shafts in any multistory structure;


(D)  Fire-related protection of structural elements;


(E)  Smoke evacuation and compartmentalization;


(F)  Emergency sprinkler systems;


(G)  Emergency alarm systems; or


(H)  Any other alteration affecting the life safety of the occupants of a

building outside the content of the interior design documents and specifications listed in subsection (6)(a) of this section.

(II)  An interior designer shall, as a condition of filing interior design

documents and specifications for the purpose of obtaining approval for a building permit, provide to the responsible building official of the jurisdiction proof of the interior designer's professional liability insurance coverage that is in force. An interior designer is not subject to any of the restrictions set forth in subsections (1)(b) and (1)(d) of this section.

(c)  As used in this subsection (6), interior designer means a person who:


(I)  Engages in:


(A)  Consultation, study, design analysis, drawing, space planning, and

specification for nonstructural or nonseismic interior construction with due concern for the life safety of the occupants of the building;

(B)  Preparing and submitting interior design documents for the purpose of

obtaining approval for a building permit as provided by law for nonstructural or nonseismic interior construction, materials, finishes, space planning, furnishings, fixtures, equipment, lighting, and reflected ceiling plans;

(C)  Designing for fabrication nonstructural elements within and surrounding

interior spaces of buildings; or

(D)  The administration of design construction and contract documents, as

the clients' agent, relating to the functions described in subsections (6)(c)(I)(A) to (6)(c)(I)(C) of this section, and collaboration with specialty consultants and licensed practitioners in other areas of technical expertise; and

(II)  Possesses written documentation that the interior designer:


(A) and (B)  (Deleted by amendment, L. 2020.)


(C)  Has met the education and experience requirements of, and has

subsequently passed, the qualification examination promulgated by the Council for Interior Design Qualification or its successor organization; and

(D)  Maintains active certification with the Council for Interior Design

Qualification or its successor organization.

(d)  As used in this subsection (6), nonstructural or nonseismic includes

interior elements or components that are not load bearing, do not assist in the seismic design, and do not require structural computations for a building. Common nonstructural or nonseismic elements or components include ceiling and partition systems that employ normal and typical bracing conventions and are not part of the structural integrity of the building.

(7)  Nothing in this article 120 shall prohibit a person who is licensed to

practice architecture in another jurisdiction of the United States from soliciting work in Colorado. The person shall not perform the practice of architecture in this state without first having obtained a license from the board or having associated with an architect licensed in this state who is associated with the project at all stages of the project.

(8)  Nothing in this section authorizes an individual, including an individual

authorized to engage in conduct under subsection (6) of this section, to engage in the practice of architecture, engineering, or any other occupation regulated under the laws of this state or to prepare, sign, or seal plans with respect to such practice or in connection with any governmental permit unless the individual is licensed or otherwise permitted by law to so act.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

907, � 1, effective October 1. L. 2020: (6)(a), (6)(b), (6)(c)(II), and (6)(d) amended and (8) added, (HB 20-1165), ch. 102, p. 391, � 1, effective September 14. L. 2024: (4) amended, (HB 24-1329), ch. 342, p. 2317, � 21, effective August 7.

Editor's note: This section is similar to former � 12-25-303 as it existed prior

to 2019.

C.R.S. § 12-135-106

12-135-106. Care of bodies required - public health. A funeral establishment shall embalm, refrigerate, cremate, bury, or entomb human remains within twenty-four hours after taking custody of the remains.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

944, � 1, effective October 1.

Editor's note: This section is similar to former � 12-54-105 as it existed prior

to 2019.

C.R.S. § 12-135-109

12-135-109. Exceptions - safe harbor. (1) This part 1 shall not apply to, or in any way interfere with, the duties of the following persons:

(a)  An officer of a public institution;


(b)  An officer of a medical college, county medical society, anatomical

association, or college of embalming; or

(c)  A person acting under the authority of part 3 of article 19 of title 15.


(2) (a)  This part 1 does not apply to, nor in any way interfere with, any custom

or rite of any religious sect in the final disposition of its dead, and the members and followers of the religious sect may continue to provide memorial services for, care for, prepare, and provide for the final disposition of the bodies of deceased members of the religious sect, free from any term, condition, or provision of this part 1, and are not subject to this part 1, so long as the human remains are refrigerated, frozen, embalmed, interred, or cremated within seven days after death or the process of natural reduction is begun within seven days after death.

(b)  If human remains are refrigerated or embalmed under subsection (2)(a) of

this section, the body must be interred within, frozen within, or cremated within thirty days after death or the process of natural reduction must begin within thirty days after death; except that the coroner may authorize otherwise in writing. The coroner shall not permit an exception to this subsection (2)(b) unless the applicant can demonstrate a legitimate delay caused by unforeseen uncontrollable circumstances or by a criminal investigation.

(c)  Notwithstanding this subsection (2), upon the receipt of evidence that the

human remains likely contained a serious contagious disease, the state department of public health and environment, the state board of health, or a local department of health may issue an order overruling this subsection (2).

(3)  A person who sells or offers to sell caskets, urns, or other funeral goods,

but does not provide funeral services, shall not be subject to this article 135.

(4)  If a funeral director, mortuary science practitioner, or embalmer has

acted in good faith, the funeral director, mortuary science practitioner, or embalmer may rely on a signed statement from a person with the right of final disposition under section 15-19-106 that:

(a)  The person knows of no document expressing the deceased's wishes for

final disposition that qualifies to direct the final disposition under section 15-19-104;

(b)  The person has made a reasonable effort under section 15-19-106 to

contact each person with the right of final disposition and to learn each person's wishes; and

(c)  The person knows of no objections to the final disposition.


(5) (a) (I)  A funeral establishment, funeral director, or mortuary science

practitioner may dispose of cremated or naturally reduced remains at the expense of the person with the right of final disposition one hundred eighty days after cremation or natural reduction if the person was given clear prior notice of this subsection (5)(a) and a reasonable opportunity to collect the remains, the exact location of the final disposition and the costs associated with the final disposition are recorded, and the recovery of the remains is possible. Recovery of costs is limited to a reasonable amount of the costs actually expended by the funeral establishment, funeral director, or mortuary science practitioner.

(II)  A funeral establishment, funeral director, or mortuary science

practitioner may comply with this subsection (5)(a) by transferring the cremated or naturally reduced remains and the records showing the funeral establishment and the deceased's name, date of birth, and next of kin for final disposition to a facility or place normally used for final disposition if the new custodian can comply with this subsection (5)(a).

(III)  If cremated remains are not claimed by the person with the right of final

disposition within three years after cremation, a funeral establishment, funeral director, or mortuary science practitioner may dispose of the remains in an unrecoverable manner by placing the remains in an ossuary or by scattering the remains in a dedicated cemetery, scattering garden, or consecrated ground used exclusively for these purposes.

(IV)  The custodian is not liable for the loss or destruction of records required

to be kept by this subsection (5)(a) if the loss or destruction was not caused by the custodian's negligence.

(V)  If naturally reduced remains are not claimed by the person with the right

of final disposition within one hundred eighty days after natural reduction, a funeral establishment, funeral director, or mortuary science practitioner may dispose of the remains in an unrecoverable manner by returning the remains to the earth in a respectful manner.

(b)  If the person was cremated prior to July 1, 2003, and the funeral director

or mortuary science practitioner reasonably attempts to notify the person with the right of final disposition of the provisions of this subsection (5), the cremated remains may be disposed of in accordance with this subsection (5) notwithstanding a failure to provide the notice of the provisions of this subsection (5) to the person with the right of final disposition prior to disposing of the remains.

(6)  This part 1 does not apply to or interfere with cryonic preservation of

human remains if done pursuant to rule.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

945, � 1, effective October 1. L. 2021: (2)(a), (2)(b), (5)(a)(I), and (5)(a)(II) amended and (5)(a)(V) added, (SB 21-006), ch. 123, p. 491, � 9, effective September 7. L. 2024: (4)(b) amended and (6) added, (HB 24-1335), ch. 242, p. 1601, � 11, effective May 24.

Editor's note: This section is similar to former � 12-54-108 as it existed prior

to 2019.

C.R.S. § 12-135-110

12-135-110. Registration required. (1) Unless practicing at a registered funeral establishment pursuant to this section, a person shall not practice as, or offer the services of, a mortuary science practitioner, funeral director, or embalmer, nor shall the funeral establishment sell or offer to sell funeral goods and services to the public.

(2) (a)  Each funeral establishment shall register with the director using

forms as determined by the director. The registration shall include the following:

(I)  The specific location of the funeral establishment;


(II)  The full name and address of the designee appointed pursuant to

subsection (3) of this section;

(III)  The date the funeral establishment began doing business; and


(IV)  A list of each of the following services provided at each funeral

establishment location:

(A)  Refrigerating or holding human remains;


(B)  Embalming human remains;


(C)  Transporting human remains to or from the funeral establishment or the

place of final disposition;

(D)  Providing funeral goods or services to the public; and


(E)  Selling preneed contracts.


(b)  Each funeral establishment registration shall be renewed, according to a

schedule established by the director in accordance with section 12-20-202 (1), in a form as determined by the director. At the time of renewal, each funeral establishment shall attest to whether the funeral establishment sells preneed contracts. The director shall enter into a memorandum of understanding with the commissioner of insurance to share information regarding funeral establishments that sell preneed contracts.

(c)  If, after initial registration, the funeral establishment provides a service

listed in subsection (2)(a)(IV) of this section that was not included in the initial registration, the funeral establishment shall submit an amended registration within thirty days after beginning to provide the new service.

(d)  If, after initial registration, the funeral establishment appoints a new

designee, the funeral establishment shall submit an amended registration within thirty days after appointing the designee.

(e)  Registrations issued pursuant to this part 1 are subject to the expiration,

reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2).

(3)  Each funeral establishment shall appoint an individual as the designee of

the funeral establishment. A designee must:

(a)  Be at least eighteen years of age;


(b)  Have at least two years' experience working for a funeral establishment;


(c)  Be employed by the registered funeral establishment that the designee

represents;

(d)  Have the authority within the funeral establishment's organization to

require that personnel comply with this article 135;

(e)  Not be designated for more than one funeral establishment; and


(f) (I)  On or after January 1, 2027, be licensed as a funeral director pursuant

to section 12-135-501 and part 6 of this article 135; or

(II)  On or after January 1, 2027, be licensed as a mortuary science practitioner

pursuant to section 12-135-501 and part 7 of this article 135.

(4)  The designee shall require each person employed at the funeral

establishment to demonstrate evidence of compliance with parts 5 to 9 of this article 135, as applicable. The designee shall retain the records of the evidence of compliance so long as the person is employed at the funeral establishment.

(5)  This section shall not require the registration of a nonprofit organization

that only provides education or support to an individual who intends to provide for final disposition of human remains.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

946, � 1, effective October 1. L. 2022: (2)(b) amended, (HB 22-1228), ch. 309, p. 2224, � 5, effective August 10. L. 2024: IP(3), (3)(d), (3)(e), and (4) amended and (3)(f) added, (SB 24-173), ch. 240, p. 1588, � 6, effective May 24.

Editor's note: (1)  This section is similar to former � 12-54-110 as it existed

prior to 2019.

(2)  This section is repealed, effective September 1, 2029, pursuant to � 12-135-406.

C.R.S. § 12-135-112

12-135-112. Standards of practice - embalming - transporting. (1) A funeral establishment that performs embalming shall:

(a)  Repealed.


(b)  Employ universal biological hazard precautions;


(c)  Employ reasonable care to minimize the risk of transmitting

communicable diseases from human remains;

(d)  Be equipped with instruments and supplies necessary to protect the

health and safety of the public and employees of the funeral establishment; and

(e)  Transport human remains in a safe and sanitary manner.


(2)  A funeral establishment that transports human remains shall:


(a)  Use a motor vehicle that is appropriate for the transportation of human

remains; and

(b)  Transport human remains in a safe and sanitary manner.


(3)  A funeral establishment shall remove any implanted device in human

remains before transporting the body to a crematory.

(4)  A funeral establishment shall maintain a sanitary preparation room with

sanitary flooring, drainage, ventilation, and refrigeration and other equipment necessary to maintain sanitary conditions.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

949, � 1, effective October 1. L. 2024: (1)(a) repealed and (4) added, (HB 24-1335), ch. 242, p. 1601, � 12, effective May 24.

Editor's note: This section is similar to former � 12-54-112 as it existed prior

to 2019.

C.R.S. § 12-135-113

12-135-113. Custody and responsibility - rules. (1) A funeral establishment shall not, through its managers, employees, contractors, or agents, take custody of human remains without an attestation of positive identification on a form promulgated by the director by rule by:

(a)  The next of kin;


(b)  The county coroner or the county coroner's designee; or


(c)  An authorized person at the care facility where the deceased died.


(2)  A funeral establishment is responsible for identifying and tracking human

remains from the time it takes custody of human remains until the:

(a)  Final disposition has occurred or the remains are returned to the person

who has the right of final disposition;

(b)  Human remains are released in accordance with the instructions given by

the person who has the right of final disposition; or

(c)  Remains are released to another funeral establishment, crematory,

repository, or entity as authorized by the person who has the right of final disposition.

(3)  The director shall adopt rules implementing this section that:


(a)  Establish what constitutes custody;


(b)  Define care facility, repository, and entity;


(c)  Establish who is authorized to identify human remains at a care facility

for a funeral establishment; and

(d)  Prescribe the minimum standards for the positive identification and chain

of custody of human remains. A funeral establishment may use the establishment's own procedures if the procedures meet or exceed the minimum standards of the rule promulgated by the director.

(4)  A funeral establishment shall not take custody of more human remains

than the funeral establishment has capacity to refrigerate unless the funeral establishment maintains custody of the human remains for less than twenty-four hours.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

949, � 1, effective October 1. L. 2024: (4) added, (HB 24-1335), ch. 242, p. 1601, � 13, effective May 24.

Editor's note: This section is similar to former � 12-54-113 as it existed prior

to 2019.

C.R.S. § 12-135-302

12-135-302. Exceptions - safe harbor. (1) If a crematory has acted in good faith, the crematory may rely on a signed statement from a person with the right of final disposition under section 15-19-106 that:

(a)  The person knows of no document expressing the deceased person's

wishes for final disposition that qualifies to direct the final disposition under section 15-19-104;

(b)  The person has made a reasonable effort under section 15-19-106 to

contact each person with the right of final disposition and to learn each person's wishes; and

(c)  The person knows of no objections to the final disposition.


(2) (a) (I)  A crematory may dispose of cremains at the expense of the person

with the right of final disposition one hundred eighty days after cremation if the person was given clear prior notice of this subsection (2)(a) and a reasonable opportunity to collect the cremains, the exact location of the final disposition and the costs associated with the final disposition are recorded, and the recovery of the cremains is possible. Recovery of costs is limited to a reasonable amount of the costs actually expended by the crematory.

(II)  A crematory may comply with this subsection (2)(a) by transferring the

cremated remains and the records showing the funeral establishment and the deceased's name, date of birth, and next of kin for final disposition to a facility or place normally used for final disposition if the new custodian can comply with this subsection (2)(a).

(III)  If cremated remains are not claimed by the person with the right of final

disposition within three years after cremation, a crematory may dispose of the remains in an unrecoverable manner by placing the remains in an ossuary or by scattering the remains in a dedicated cemetery, scattering garden, or consecrated ground used exclusively for these purposes.

(IV)  The custodian is not liable for the loss or destruction of records required

to be kept by this subsection (2)(a) if the loss or destruction was not caused by the custodian's negligence.

(b)  If the deceased was cremated prior to July 1, 2003, and the crematory

reasonably attempts to notify the person with the right of final disposition of the provisions of this subsection (2), the remains may be disposed of in accordance with this subsection (2), notwithstanding a failure to provide the notice of the provisions of this subsection (2) to the person with the right of final disposition prior to disposing of the remains.

(3) (a)  This part 3 shall not apply to, nor interfere with, any custom or rite of a

religious sect in the final disposition of its dead, and the members and followers of the religious sect may continue to provide memorial services for, care for, prepare, and cremate the bodies of deceased members of the religious sect if the human remains are refrigerated, frozen, or cremated within seven days after death.

(b)  If human remains are refrigerated pursuant to subsection (3)(a) of this

section, the body must be cremated within thirty days after death unless the coroner authorizes otherwise in writing. The coroner shall not permit an exception to this subsection (3)(b) unless the applicant can demonstrate a legitimate delay caused by unforeseen, uncontrollable circumstances or by a criminal investigation.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

952, � 1, effective October 1. L. 2024: (1)(b) amended, (HB 24-1335), ch. 242, p. 1602, � 15, effective May 24.

Editor's note: This section is similar to former � 12-54-302 as it existed prior

to 2019.

C.R.S. § 12-135-303

12-135-303. Registration required. (1) Unless practicing at a registered crematory under this section and except as provided in section 12-140-105 (3), a person shall not practice as, or offer the services of, a cremationist, nor shall the crematory sell or offer to sell funeral goods and services to the public.

(2) (a)  Each crematory shall register with the director using forms as

determined by the director. The registration shall include the following:

(I)  The specific location of the crematory;


(II)  The full name and address of the designee appointed pursuant to

subsection (3) of this section;

(III)  The date the crematory began doing business; and


(IV)  A list of each of the following services provided at each crematory

location:

(A)  Refrigerating or holding human remains;


(B)  Transporting human remains to or from the crematory or the place of

final disposition;

(C)  Providing funeral goods or services to the public;


(D)  Cremating human remains; and


(E)  Selling preneed contracts.


(b)  Each crematory registration shall be renewed, according to a schedule

established by the director, in a form as determined by the director.

(c)  If, after initial registration, the crematory provides a service listed in

subsection (2)(a)(IV) of this section that was not included in the initial registration, the crematory shall submit an amended registration within thirty days after beginning to provide the new service.

(d)  If, after initial registration, the crematory appoints a new designee, the

crematory shall submit an amended registration within thirty days after appointing the designee.

(e)  Registrations issued pursuant to this part 3 are subject to the expiration,

reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2).

(3)  Each crematory shall appoint an individual as the designee of the

crematory. A designee shall:

(a)  Be at least eighteen years of age;


(b)  Have at least two years' experience working for a crematory;


(c)  Be employed by the registered crematory that the designee represents;


(d)  Have the authority within the crematory's organization to require that

personnel comply with this article 135; and

(e)  Not be designated for more than one crematory unless the additional

establishment is operated under common ownership and management and no crematory is more than sixty miles from another establishment held under the same ownership conditions.

(4)  The designee shall require each person employed at the crematory to

demonstrate evidence of compliance with parts 5 to 9 of this article 135, as applicable. The designee shall retain the records of the evidence of compliance so long as the person is employed at the crematory.

(5)  This section shall not require the registration of a nonprofit organization

that only provides education or support to an individual who intends to provide for final disposition of human remains.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

953, � 1, effective October 1. L. 2024: (4) amended, (SB 24-173), ch. 240, p. 1589, � 7, effective May 24.

Editor's note: (1)  This section is similar to former � 12-54-303 as it existed

prior to 2019.

(2)  This section is repealed, effective September 1, 2029, pursuant to � 12-135-406.

C.R.S. § 12-135-508

12-135-508. Grounds for discipline. (1) The director may take disciplinary action in accordance with sections 12-20-404, 12-135-401, and 12-135-507 against an applicant or licensee who has:

(a)  Advertised, represented, or held themself out as a licensed mortuary

science professional after the expiration, suspension, or revocation of their license;

(b)  Falsified information in an application for a license or to renew a license

under this part 5;

(c)  Attempted to obtain or obtained a license by fraud, deception, or

misrepresentation;

(d)  Engaged in fraud, misrepresentation, deception, or cheating in taking or

furnishing the results of an examination required by section 12-135-603 (1)(b), 12-135-703 (1)(b), 12-135-803 (1)(b), or 12-135-903;

(e)  Fraudulently obtained or furnished or aided and abetted another person

in fraudulently obtaining or furnishing:

(I)  A license issued under this part 5;


(II)  A renewal or reinstatement of a license issued under this part 5; or


(III)  A diploma, a certificate, or a record related to a license issued under this

part 5;

(f) (I)  Failed to notify the director, in writing, of:


(A)  The entry of a final judgment by a court in favor of another party and

against the licensee for malpractice of mortuary science; or

(B)  A settlement by the licensee in response to charges or allegations of

malpractice of mortuary science.

(II)  To comply with subsection (1)(f)(I) of this section, the licensee must:


(A)  Give the notice within ninety days after the entry of the judgment or

settlement; and

(B)  For notice of a judgment, include the name of the court, the case number,

and the names of all parties to the action.

(g) (I)  A disqualifying criminal history as described in section 12-135-503.


(II)  For the purposes of subsection (1)(g)(I) of this section, a certified copy of

a document from a court of competent jurisdiction documenting a conviction or entry of a plea is conclusive evidence of the conviction or the plea. In considering a disciplinary action, the director shall be governed by sections 12-20-202 (5) and 24-5-101.

(h)  Advertised, represented, held themself out in any manner, or used any

designation in connection with an individual's name as a mortuary science professional without being licensed under this article 135;

(i)  Violated or aided or abetted a violation of this article 135, article 20 or 30

of this title 12, a rule adopted under this article 135, or an order of the director;

(j)  Failed to report to the director the surrender of a license, certification, or

registration to, or an adverse action taken against a license, certification, or registration by, a governmental agency in another state, territory, or country, a law enforcement agency, or a court for acts that constitute grounds for discipline under this article 135 or a rule promulgated under this article 135;

(k)  Committed an act that does not meet, or failed to perform an act

necessary to meet, generally accepted standards of mortuary science;

(l)  Used fraudulent, coercive, or dishonest practices, or demonstrated

incompetence or untrustworthiness, in this state or elsewhere;

(m)  Disinfected, preserved, or made final disposition of human remains with

knowledge sufficient to arouse a reasonable suspicion of a crime in connection with the cause of death of the decedent unless the licensee has obtained the permission of the coroner, the deputy coroner, or, if there is no coroner, the district attorney;

(n)  Discriminated because of race, creed, color, religion, disability, sex,

sexual orientation, gender identity, gender expression, marital status, national origin, age, or ancestry in the provision of funeral services or the services of a mortuary science professional;

(o)  Authorized an officer of or employee of a licensee, of a registrant under

section 12-135-110 or 12-135-303, or of another person having a professional relationship with the decedent to approve or cause the final disposition of human remains in violation of this article 135;

(p)  Paid or provided benefits in a manner that deprives the next of kin or

legal representative of the right to use those payments or benefits at a funeral establishment of the customer's choice;

(q)  Engaged in a business practice that interferes with the freedom of choice

of the general public to choose a mortuary science professional or funeral establishment;

(r)  Refused to properly and promptly release human remains, naturally

reduced remains, or cremated remains to the custody of the person who has the legal right to effect the release, regardless of whether any costs have been paid;

(s)  Told a person that a casket was required when the expressed wish of the

decedent, next of kin, or legal representative was for immediate cremation;

(t)  Embalmed, naturally reduced, or cremated human remains without

obtaining permission from the person with the right of final disposition, unless otherwise required by section 12-135-106;

(u)  Prohibited, hindered, or restricted or attempted to prohibit, hinder, or

restrict:

(I)  A person from offering or advertising immediate cremation, immediate

natural reduction, advance funeral arrangements, or low-cost funerals;

(II)  A person from forming or facilitating arrangements between memorial

societies and funeral industry members; or

(III)  A funeral service industry member from disclosing accurate information

concerning funeral merchandise and services;

(v)  Engaged in willfully dishonest conduct;


(w)  Committed negligence that defrauded or caused injury or was likely to

defraud or cause injury in the practice of cremation, natural reduction, embalming, funeral directing, or providing for final disposition;

(x)  Sold or offered to sell the soil produced by the natural reduction of

human remains to any person;

(y)  Commingled the following without the consent of the person or persons

with the right of final disposition, as determined by section 15-19-106, in the course of a person's business, vocation, or occupation:

(I)  The cremated remains of more than one person, except as authorized in

section 12-135-109;

(II)  The soil produced by the natural reduction of the human remains of more

than one person, except as authorized in section 12-135-109;

(III)  The cremated remains of more than one person within a cremation

chamber; or

(IV)  The human remains of more than one person within a container used to

naturally reduce human remains to produce soil; or

(z)  Used, in the course of a person's business, vocation, or occupation, the

soil produced by the natural reduction of human remains to grow food for human consumption.

(2) (a)  For purposes of this section only and except as provided in subsection

(2)(b) of this section, next of kin does not include a person who is arrested on suspicion of having committed, is charged with, or has been convicted of a felony offense specified in part 1 of article 3 of title 18 involving the death of the decedent.

(b)  Subsection (2)(a) of this section does not apply if, before final disposition

of the deceased person's human remains, charges are not brought, charges are brought but dismissed, or the person charged is acquitted of the alleged crime.

Source: L. 2024: Entire part added with relocations, (SB 24-173), ch. 240, p.

1578, � 2, effective May 24.

C.R.S. § 12-135-601

12-135-601. Practice of a funeral director described - definition. (1) As used in this part 6, services concerning the final disposition of human remains includes funeral services, embalming, cremation, natural reduction, and removal of human remains from the state.

(2) (a)  The practice of a funeral director consists of performing the following

acts for compensation:

(I)  Selling or offering to sell services concerning the final disposition of

human remains on an at-need basis;

(II)  Planning, arranging, or offering to plan or arrange, on an at-need basis,

the details of services concerning the final disposition of human remains and establishing the type of services to be rendered;

(III)  Making, negotiating, completing, or offering to make, negotiate, or

complete the financial arrangements for services concerning the final disposition of human remains on an at-need basis; except that nonlicensed personnel may assist the funeral director in performing such tasks;

(IV)  Directly or indirectly directing, being in charge or apparent charge of,

supervising, or offering to direct, be in charge of, or supervise:

(A)  A visitation or viewing of human remains;


(B)  A funeral service; or


(C)  A memorial service, if the memorial service is sold or arranged by a

licensee;

(V)  Managing or supervising the operation of a funeral establishment, except

for administrative matters, such as budgeting, accounting and personnel, maintenance of buildings, equipment, and grounds, and routine clerical and record-keeping functions; or

(VI)  Using, in connection with one's name or employment:


(A)  The word funeral director, undertaker, or mortician; or


(B)  A word, title, or combination of words, titles, or pictures that when

considered in the context in which they are used would imply that the person is engaged in the practice of a funeral director or that the person is holding themself out to the public as being engaged in the practice of a funeral director.

(b) (I)  Subsection (2)(a)(IV)(A) of this section does not require an individual to

be licensed to conduct a visitation or viewing if a licensed funeral director or licensed mortuary science practitioner is readily available for consultation.

(II)  Subsection (2)(a)(VI) of this section does not prevent a person from using

the name of an owner, officer, or corporate director of a funeral establishment, notwithstanding that the person does not hold a license, in connection with the name of the funeral establishment with which the person is affiliated, so long as the person's affiliation is properly specified.

(3)  The practice of a funeral director does not include:


(a) (I)  Transmitting, by telephone, by fax, or electronically, obituary notices;


(II)  Ordering flowers or merchandise;


(III)  Delivering death certificates to attending physicians;


(IV)  Clerical preparation and processing of death certificates, insurance

forms, and any clerical tasks that record the information compiled by the funeral director; or

(V)  An act that is incidental to any of the functions specified in this

subsection (3)(a);

(b)  Furnishing standard, printed price lists and disclosure information to the

public by providing the information to persons making an inquiry;

(c)  Arranging, coordinating, or employing, in connection with the final

disposition of human remains, removal services, registered refrigeration facilities, or registered centralized embalming facilities;

(d)  Any aspect of making preneed funeral arrangements or entering into

preneed contracts; or

(e)  Functions normally performed by cemetery or crematory personnel.


(4) (a)  An individual licensed under this part 6 may delegate tasks, as

determined by the director in rule, within the scope of the individual's license to unlicensed persons practicing within the unlicensed person's experience, education, or training.

(b)  A licensee is responsible for ensuring that a delegatee has the

experience, education, and training necessary to perform delegated tasks.

(c)  A licensee retains responsibility for any tasks delegated under this

subsection (4).

(d)  A licensee shall not delegate the following tasks:


(I)  Any task involving handling human remains; except that this subsection

(4)(d)(I) does not apply to transporting human remains;

(II)  Signing contracts or other legal documents that involve compensation for

funeral goods or services; or

(III)  Oversight of a funeral home or crematory operations related to the final

disposition of human remains.

Source: L. 2024: Entire part added with relocations, (SB 24-173), ch. 240, p.

1582, � 2, effective May 24.

C.R.S. § 12-155-118

12-155-118. Exemptions. (1) Any person selling or dealing in plumbing materials or supplies, but not engaged in the installation, alteration, repairing, or removal of plumbing, shall not be required to employ or have a licensed plumber in charge.

(2)  Nothing in this article 155 requires an individual to hold a license to

perform plumbing work on the individual's own property or residence or prevents a person from employing an individual on either a full- or a part-time basis to do routine repair, maintenance, and replacement of sinks, faucets, drains, showers, tubs, toilets, and domestic appliances and equipment equipped with backflow preventers; except that, if such property or residence is intended for sale or resale by a person engaged in the business of constructing or remodeling the facilities or structures or is rental property that is occupied or is to be occupied by tenants for lodging, either transient or permanent, or is a commercial or industrial building, the owner is responsible for and the property is subject to the provisions of this article 155 pertaining to licensing, unless specifically exempted therein.

(3)  Nothing in this article 155 shall be construed to apply to the manufacture

of housing that is subject to the provisions of article 32 of title 24 or the installation of individual residential or temporary construction units of manufactured housing water and sewer hookups inspected pursuant to section 12-155-105 (2).

(4)  Individuals who are engaged in inspecting, testing, or repairing backflow

prevention devices are exempt from licensure under this article 155. Individuals who engage in the installation or removal of backflow prevention devices are not exempt from licensure under this article 155, except when the individuals are installing or replacing a backflow prevention device on a stand-alone fire suppression system, as defined in section 24-33.5-1202 (6).

(5)  Nothing in this article 155 shall be construed to require either that

employees of the federal government who perform plumbing work on federal property shall be required to be licensed before doing plumbing work on the property or that the plumbing work performed on the property shall be regulated pursuant to this article 155.

(6) (a)  Nothing in this article 155 requires a plumbing license, registration, or

permit to perform:

(I)  The installation, extension, alteration, or maintenance, including the

related water piping and the indirect waste piping, of domestic appliances equipped with backflow preventers, including lawn sprinkling systems; residential ice makers, humidifiers, electrostatic filter washers, or water heating appliances; building heating appliances and systems; fire protection systems except for multipurpose residential fire sprinkler systems in one- and two-family dwellings and townhouses that are part of the potable water supply; air conditioning installations; process and industrial equipment and piping systems; or indirect drainage systems not a part of a sanitary sewer system; or

(II)  The repair and replacement of garbage disposal units and dishwashers

directly connected to the sanitary sewer system, including the necessary replacement of all tail pipes and traps, or the repair, maintenance, and replacement of sinks, faucets, drains, showers, tubs, and toilets.

(b)  Notwithstanding subsection (6)(a) of this section, plumbing does not

include:

(I)  Installations, extensions, improvements, remodeling, additions, and

alterations in water and sewer systems owned or acquired by counties pursuant to article 20 of title 30, cities and towns pursuant to article 35 of title 31, or water and sanitation districts pursuant to article 1 or article 4 of title 32;

(II)  Installations, extensions, improvements, remodeling, additions, and

alterations performed by contractors employed by counties, cities, towns, or water and sewer districts that connect to the plumbing system within a property line; or

(III)  Performance, location, construction, alteration, installation, and use of

on-site wastewater treatment systems pursuant to article 10 of title 25 that are located within a property line.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

1002, � 1, effective October 1. L. 2022: (3) amended, (HB 22-1242), ch. 172, p. 1137, � 31, effective August 10. L. 2024: (2) and (4) amended, (HB 24-1344), ch. 343, p. 2326, � 18, effective July 1. L. 2025: (4) amended, (HB 25-1077), ch. 39, p. 187, � 1, effective March 28.

Editor's note: This section is similar to former � 12-58-113 as it existed prior

to 2019.

C.R.S. § 12-235-111

12-235-111. Grounds for discipline - definitions. (1) The director is authorized to take disciplinary action pursuant to section 12-235-112 against any person who has:

(a)  Advertised, represented, or held himself or herself out as a licensed

massage therapist after the expiration, suspension, or revocation of his or her license;

(b)  Engaged in a sexual act with a client while a therapeutic relationship

exists. For the purposes of this subsection (1)(b):

(I)  Sexual act means sexual contact, sexual intrusion, or sexual penetration

as defined in section 18-3-401.

(II)  Therapeutic relationship means the period of time commencing with the

initial session of massage and ending upon written termination of the relationship from either party.

(c)  Failed to refer a patient to a general health-care practitioner when the

services required by the client are beyond the level of competence of the massage therapist or beyond the scope of massage practice;

(d)  Falsified information in any application; attempted to obtain or obtained a

license by fraud, deception, or misrepresentation; engaged in fraud, misrepresentation, deception, or cheating in taking or furnishing the results of the examination required by section 12-235-108 (1)(b); or had the person's score on the examination required by section 12-235-108 (1)(b) invalidated by the testing provider because the person was determined to have cheated or engaged in fraud, misrepresentation, or deception in taking the examination;

(e)  Fraudulently obtained or furnished a massage therapy license; a renewal

or reinstatement of a license, diploma, certificate, or record; or aided and abetted any of those acts;

(f)  A substance use disorder, as defined in section 27-81-102, or a

dependence on or addiction to alcohol or any habit-forming drug, or who abuses or engages in the habitual or excessive use of any habit-forming drug or any controlled substance as defined in section 18-18-102 (5), but the director may take into account the licensee's participation in a substance use disorder treatment program when considering disciplinary action;

(g) (I)  Failed to notify the director of a physical condition, physical illness, or

behavioral, mental health, or substance use disorder that affects the licensee's ability to treat clients with reasonable skill and safety or that may endanger the health or safety of clients receiving massage services from the licensee;

(II)  Failed to act within the limitations created by a physical illness, physical

condition, or behavioral, mental health, or substance use disorder that renders the licensee unable to practice massage therapy with reasonable skill and safety or that may endanger the health or safety of persons under his or her care; or

(III)  Failed to comply with the limitations agreed to under a confidential

agreement entered pursuant to sections 12-30-108 and 12-235-117;

(h)  Refused to submit to a physical or mental examination when so ordered

by the director pursuant to section 12-235-114;

(i)  Failed to notify the director, in writing, of the entry of a final judgment by

a court of competent jurisdiction in favor of any party and against the licensee for malpractice of massage therapy or any settlement by the licensee in response to charges or allegations of malpractice of massage therapy. The notice shall be given within ninety days after the entry of the judgment or settlement and, in the case of a judgment, shall contain the name of the court, the case number, and the names of all parties to the action.

(j)  Been convicted of, pled guilty or nolo contendere to, or received a

deferred sentence for a felony or a crime for which the act giving rise to the crime was related to the practice of massage therapy or was perpetrated against a massage client during a therapeutic relationship, as defined in subsection (1)(b)(II) of this section; or committed any act specified in this section. A certified copy of a document from a court of competent jurisdiction documenting a conviction or entry of a plea is conclusive evidence of the conviction or plea. In considering the disciplinary action, the director shall be governed by the provisions of sections 12-20-202 (5) and 24-5-101.

(k)  Advertised, represented, held himself or herself out in any manner, or

used any designation in connection with his or her name as a massage therapist without being licensed or exempt pursuant to this article 235;

(l)  Violated or aided or abetted a violation of any provision of this article 235,

an applicable provision of article 20 or 30 of this title 12, any rule adopted under this article 235, or any lawful order of the director;

(m)  Been convicted of, pled guilty or nolo contendere to, or received a

deferred sentence for a charge of unlawful sexual behavior as defined in section 16-22-102, any prostitution-related offense, or any human-trafficking-related offense as described in sections 18-3-503 and 18-3-504, whether or not the act was committed in Colorado;

(n)  Failed to report to the director the surrender of a massage therapy

license, certification, or registration to, or an adverse action taken against a license, certification, or registration by, a licensing agency in another state, territory, or country, a governmental agency, a law enforcement agency, or a court for acts that constitute grounds for discipline under this article 235;

(o)  Committed an act that does not meet, or failed to perform an act

necessary to meet, generally accepted standards of massage therapy care;

(p)  Used fraudulent, coercive, or dishonest practices, or demonstrated

incompetence or untrustworthiness, in this state or elsewhere; or

(q)  Exposed an intimate part of his or her body to the view of a client or any

person present with the client, or performed an act of masturbation in the presence of a client. For the purposes of this subsection (1)(q):

(I)  Intimate part means the external genitalia, the perineum, the anus, the

buttocks, the pubes, or the breast of any person.

(II)  Masturbation means the real or simulated touching, rubbing, or

otherwise stimulating of a person's own genitals or pubic area, regardless of whether the genitals or pubic area is exposed or covered.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

1161, � 1, effective October 1. L. 2020: (1)(f) amended, (SB 20-007), ch. 286, p. 1411, � 33, effective July 13. L. 2022: (1)(d) amended, (HB 22-1226), ch. 85, p. 410, � 4, effective September 1.

Editor's note: This section is similar to former � 12-35.5-111 as it existed prior

to 2019.

C.R.S. § 12-280-135

12-280-135. Unused medicine - licensed facilities - correctional facilities - reuse - definitions - rules. (1) As used in this section, unless the context otherwise requires:

(a)  Correctional facility means a facility under the supervision of the United

States, the department of corrections, or a similar state agency or department in a state other than Colorado in which persons are or may be lawfully held in custody as a result of conviction of a crime; a jail or an adult detention center of a county, city, or city and county; and a private contract prison operated by a state, county, city, or city and county.

(b)  Licensed facility means a hospital, hospital unit, behavioral health

safety net provider, hospice, nursing care facility, assisted living residence, or any other facility that is required to be licensed pursuant to section 25-3-101 or a licensed long-term care facility as defined in section 25-1-124 (2.5)(b).

(c)  Medical device means an instrument, apparatus, implement, machine,

contrivance, implant, or similar or related article that is required to be labeled pursuant to 21 CFR 801.

(d)  Medical supply means a consumable supply item that is disposable and

not intended for reuse.

(e) (I)   Medicine means prescription drugs.


(II)  Medicine includes:


(A)  A prescription drug that requires refrigeration, freezing, or special

storage if the prescription drug has been continually maintained by a donor pursuant to the manufacturer's storage requirements, so long as the cold chain can be verified; and

(B)  Prescription supplies and devices.


(III)  Medicine does not include:


(A)  Compounded drugs;


(B)  Prescription drugs dispensed by pharmacies outside of the United States;


(C)  Prescription drugs that are subject to risk evaluation and mitigation

strategies (REMS) under 21 U.S.C. sec. 355-1 (f)(3) unless all of the required guidelines for the medicine are followed or REMS drugs that were initially dispensed by a pharmacy pursuant to a restricted REMS distribution channel; or

(D)  Controlled substances.


(2) (a) (I)  If donated by the patient, the resident, or the patient's or resident's

next of kin, a licensed facility may return unused medicine or medical supplies and used or unused medical devices to a pharmacist within the licensed facility or a prescription drug outlet in order for the materials to be redispensed to another patient or donated to a nonprofit entity that has the legal authority to possess the materials or to a practitioner authorized by law to dispense the materials.

(II) (A)  A licensed facility or a prescription drug outlet may donate materials

to an entity that has legal authority to possess the materials or to a person legally authorized to dispense the materials. A licensed pharmacist shall review the process of donating the unused medicine to the entity.

(B)  Nothing in this subsection (2)(a)(II) creates or abrogates any liability on

behalf of a prescription drug manufacturer for the storage, donation, acceptance, or dispensing of medicine or a product or creates any civil cause of action against a prescription drug manufacturer in addition to that which is available under applicable law.

(C)  A person or entity is not subject to civil or criminal liability or professional

disciplinary action for donating, accepting, dispensing, or facilitating the donation of materials in good faith, without negligence or willful or wanton misconduct, and in compliance with this section.

(III)  A correctional facility may return unused medicine or medical supplies

and used or unused medical devices to the pharmacist within the correctional facility or a prescription drug outlet in order for the medicine to be redispensed to another patient or donated to an entity that has the legal authority to possess the materials or to a practitioner authorized by law to prescribe the materials.

(b)  Medicine is only available to be dispensed to another person or donated

to an entity under this section if the medicine is:

(I)  Liquid and the vial is still sealed and properly stored;


(II)  Individually packaged and the packaging has not been damaged;


(III)  In unopened, tamper-evident packaging; or


(IV)  For medicine that requires refrigeration, freezing, or special storage,

continually maintained by the donor pursuant to the manufacturer's storage requirements, so long as the cold chain can be verified.

(c)  The following medicine is not acceptable for donation:


(I)  Medicine that is not packaged in a traditional dispensing system, as

defined by the board by rule;

(II)  Controlled substances;


(III)  Except as provided in subsection (2)(b)(IV) of this section, medicine that

requires refrigeration, freezing, or special storage;

(IV)  Repealed.


(V)  Medicine that is adulterated or misbranded, as determined by a person

legally authorized to dispense the medicine on behalf of the nonprofit entity or a person legally authorized to dispense the medicine;

(VI)  Compounded medicine;


(VII)  Medicine dispensed by pharmacies outside of the United States; or


(VIII)  Medicine that is subject to risk evaluation and mitigation strategies

(REMS) under 21 U.S.C. sec. 355-1 (f)(3) unless all of the required guidelines for the medicine are followed or REMS drugs that were initially dispensed by a pharmacy pursuant to a restricted REMS distribution channel.

(3)  Medicine dispensed or donated pursuant to this section must not be

expired. A prescribing practitioner shall not dispense medicine that will expire before the use by the patient based on the prescribing practitioner's directions for use.

(4)  Medicine, medical supplies, and medical devices donated pursuant to this

section shall not be resold and are considered nonsaleable; except that handling, dispensing, or usual and customary charges to an eligible patient, health plan, pharmacy benefit manager, pharmacy service, administrative organization, government agency, or other entity is not considered reselling. If the donation recipient is a for-profit entity, these charges must not exceed the donation recipient's cost of providing the medicine, including the current and anticipated costs of educating eligible donors and individual donors, providing technical support to participating donors and individual donors, shipping and handling, labor, storage, licensing, utilities, advertising, technology, supplies, and equipment. Except as described in this subsection (4), the amount of these charges is not subject to additional limitations.

(5)  Repealed.


(6) (a)  Except as provided in subsection (6)(b) of this section, nothing in this

section or section 25.5-5-502 creates or abrogates any liability on behalf of a prescription drug manufacturer for the storage, donation, acceptance, or dispensing of unused donated medicine or creates any civil cause of action against a prescription drug manufacturer in addition to that which is available under applicable law.

(b)  A manufacturer of a prescription drug that is subject to risk evaluation

and mitigation strategies (REMS) is not subject to criminal prosecution or liability in tort or other civil action for injury, death, or loss to person or property for matters related to the donation, acceptance, or dispensing of a REMS drug manufactured by the drug manufacturer that is donated by any person pursuant to the program, including liability for failure to transfer or communicate product or consumer information or the expiration date of the donated prescription drug.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

1482, � 1, effective October 1. L. 2022: (1)(b) amended, (HB 22-1278), ch. 222, p. 1588, � 216, effective July 1, 2024. L. 2025: (1)(e), (2)(a), IP(2)(b), (2)(b)(II), (2)(b)(III), IP(2)(c), (2)(c)(I), (2)(c)(III), (2)(c)(V), (3), (4), and (6) amended, (2)(b)(IV), (2)(c)(VI), (2)(c)(VII), and (2)(c)(VIII) added, and (2)(c)(IV) and (5) repealed, (SB 25-289), ch. 273, p. 1411, � 1, effective August 6.

Editor's note: This section is similar to former � 12-42.5-133 as it existed prior

to 2019.

C.R.S. § 12-280-135.5

12-280-135.5. Colorado drug donation program - created - rules - records - definitions. (1) As used in this section, unless the context otherwise requires:

(a)  Colorado drug donation program or program means the Colorado drug

donation program created in this section.

(b)  Controlled substance has the meaning set forth in section 18-18-102.


(c) (I)  Donation recipient means an entity that:


(A)  Is legally authorized to possess medicine;


(B)  Has a license or registration in good standing in the state in which the

entity is located; and

(C)  Receives a donation of medicine.


(II)  Donation recipient includes a hospital, a pharmacy, a clinic, a health-care provider, or a prescriber office.


(III)  Donation recipient also includes a wholesaler, a distributor, a third-party logistics provider, a reverse distributor, or a repackager if the entity is a

nonprofit entity or is directly or indirectly owned, controlled, or could be controlled by a nonprofit entity.

(d) (I)  Donor means any entity legally authorized to possess medicine,

including a wholesaler, a distributor, a third-party logistics provider, a pharmacy, a dispenser, a clinic, a surgical or health center, a rehabilitation center, a detention center, a jail, a prison, a laboratory, a prescriber or other health-care professional, a long-term care facility or health-care facility, and any other entity regulated by the board that donates medicine.

(II)  Donor includes government agencies and entities that are federally

authorized to possess medicine, including manufacturers, repackagers, relabelers, outsourcing facilities, veterans affairs hospitals, FDA-authorized importers such as those described under the federal Food, Drug, and Cosmetic Act, 21 U.S.C. secs. 801 and 804, as amended, or similar provisions, and federal prisons.

(e) (I)  Eligible patient means an individual with a need for donated medicine

who is indigent, uninsured, or underinsured.

(II)  Eligible patient includes other individuals if a need for donated

medicine is not identified among individuals who are indigent, uninsured, or underinsured.

(f)  Health-care professional means an individual who is licensed to practice

as a physician, registered nurse, advanced practice registered nurse, practical nurse, optometrist, or pharmacist; a certified midwife with prescriptive authority pursuant to section 12-255-112; or any other practitioner authorized to dispense or administer medicine.

(g)  Individual donor means a nonlicensed individual member of the public.


(h) (I)  Medicine means prescription drugs.


(II)  Medicine includes:


(A)  A prescription drug that requires refrigeration, freezing, or special

storage if the medicine has been continually maintained by the donor pursuant to the manufacturer's storage requirements, so long as the cold chain can be verified; and

(B)  Prescription supplies and devices.


(III)  Medicine does not include:


(A)  Compounded drugs;


(B)  Prescription drugs dispensed by pharmacies outside of the United States;


(C)  Prescription drugs that are subject to risk evaluation and mitigation

strategies (REMS) under 21 U.S.C. sec. 355-1 (f)(3) unless all of the required guidelines for the medicine are followed or REMS drugs that were initially dispensed by a pharmacy pursuant to a restricted REMS distribution channel; or

(D)  Controlled substances.


(i)  Prescriber has the meaning set forth in section 12-280-125.7 (1)(f).


(j)  Returns processor has the meaning set forth in 21 U.S.C. sec. 360eee

(18) and includes a reverse distributor.

(k) (I)  Unopened, tamper-evident packaging means an intact packaging

system that renders medicine inaccessible without obvious destruction of the seal or some portion of the packaging system.

(II)  Unopened, tamper-evident packaging may include unopened unit-dose,

multiple-dose, immediate, secondary, or tertiary packaging.

(2)  There is created the Colorado drug donation program to facilitate the

safe donation and redispensing of unused medicine to Coloradans in need of the medicine. Participation in the program is voluntary.

(3) (a)  Notwithstanding any other law or rule to the contrary, a donor or an

individual donor may donate medicine to a donation recipient. A donation recipient may receive donated medicine from a donor or an individual donor.

(b)  Prior to the first donation from a person, a donation recipient shall record

the person's name, address, phone number, and license number, if applicable, and shall:

(I)  Verify that the person meets the definition provided in subsection (1)(d) of

this section;

(II)  Confirm that the person agrees to make donations of medicine only in

accordance with this section and rules adopted by the board relating to donated medicine; and

(III)  If applicable, confirm that the person agrees to remove or redact any

patient names and prescription numbers on donated medicine or to otherwise maintain patient confidentiality by executing a confidentiality agreement with the authorized donation recipient.

(c)  No other information or records are required prior to the first donation

from a new donor or a new individual donor other than as described in subsection (3)(b) of this section.

(4)  A donation recipient shall maintain a written or an electronic record of

donated medicine consisting of the name, strength, quantity, and lot number, if known, of each accepted or transferred drug and the name, address, and phone number of the donor, individual donor, or transferring entity. No other record of donation is required.

(5)  A donation recipient shall ensure that donated medicine is identified

physically or electronically as separate from regular stock.

(6)  Notwithstanding any other law to the contrary, a donation recipient may:


(a)  Transfer donated medicine to another donation recipient or to an entity

participating in a drug donation program operated by another state;

(b)  Repackage donated medicine in accordance with subsection (8) of this

section as necessary for storage, dispensing, administration, or transfer; or

(c)  If the donation recipient is a prescription drug outlet or other outlet,

replace medicine of the same drug name and strength previously dispensed or administered to eligible patients in accordance with 42 U.S.C. sec. 256b, as amended.

(7) (a)  Donated medicine that does not meet the requirements specified in

this section and the rules adopted by the board must be disposed of by:

(I)  Returning the donated medicine to the donor;


(II)  Destroying the donated medicine through an incinerator, a medical waste

hauler, a reverse distributor, or other lawful method; or

(III)  Transferring the donated medicine to a returns processor.


(b)  A donation recipient shall maintain a written or an electronic record of

disposed medicine consisting of the disposal method, as described in subsection (7)(a) of this section; the date of disposal; and the name, strength, and quantity of each disposed drug. No other record of disposal is required.

(8)  Repackaged medicine must be labeled with the drug name, strength, and

expiration date, if the expiration date is known, and identified separately from regular stock until inspected and initialed by a licensed pharmacist. If multiple packaged, donated medicines with varied expiration dates are repackaged together, the earliest expiration date must be used. Prescription drugs specified by NDC number in a recall notice must be considered recalled unless the prescription drug has an affixed lot number that excludes it from the recall.

(9)  A donation recipient shall only administer or redispense medicine that:


(a)  Is in unopened, tamper-evident packaging or has been repackaged under

this program;

(b)  Meets the requirements set forth in this section based on an inspection

by a licensed pharmacist;

(c)  If dispensed to an eligible patient, is repackaged by a licensed pharmacist

into a new container or, if kept in the donated container, is in a container that has all previous patient information redacted or removed;

(d)  Is properly labeled in accordance with the rules adopted by the board;


(e)  Has an expiration or beyond-use date that will not expire before the

medicine is used by the eligible patient based on the prescriber's directions for use; and

(f)  If the medicine requires refrigeration, freezing, or special storage, has

been continually maintained by the donor pursuant to the manufacturer's storage requirements, so long as the cold chain can be verified.

(10)  A donation recipient:


(a)  May dispense or administer prescription drugs to an eligible patient

pursuant to this section only if otherwise permitted by law pursuant to a valid prescription or prescription drug order; and

(b)  Shall maintain eligible patient-specific written or electronic records in

accordance with rules adopted by the board.

(11)  A manufacturer, prescription drug outlet, repackager, dispenser, or

wholesaler, other than a returns processor, participating in the program shall comply with the requirements of 21 U.S.C. secs. 360eee-1 to 360eee-4 relating to drug supply chain security.

(12)  The donation, transfer, or receipt of medicine or the facilitation of a

donation, transfer, or receipt of medicine pursuant to this section is not wholesale distribution and does not require licensing as a wholesale distributor.

(13)  Medicine donated to the program must not be resold and is considered

nonsaleable; except that handling, dispensing, or usual and customary charges to an eligible patient, health plan, pharmacy benefit manager, pharmacy services administrative organization, government agency, or other entity is not considered reselling. If the donation recipient is a for-profit entity, these charges must not exceed the donation recipient's cost of providing the medicine, including the current and anticipated costs of educating eligible donors and individual donors, providing technical support to participating donors and individual donors, shipping and handling, labor, storage, licensing, utilities, advertising, technology, supplies, and equipment. Except as described in this subsection (13), the amount of these charges is not subject to any additional limitations.

(14)  When performing any action associated with the program or otherwise

processing donated medicine for tax, a manufacturer credit, or other credit, a donation recipient is considered to be acting as a returns processor and shall comply with all record-keeping requirements under federal law for nonsaleable returns.

(15)  All required records must be retained in physical or electronic format, on

or off the donation recipient's premises, for a period of two years. Donors or donation recipients may contract with one another or with a third party to create or maintain records. An identifier, such as a serial number or bar code, may be used in place of information if it allows for the information to be readily retrievable. Upon request by a state or federal regulator, the identifier used for a requested record must be replaced with the original information. An identifier must not be used on labels when dispensing or administering a drug to an eligible patient.

(16)  A donation or other transfer of possession or control is not a change of

ownership unless it is specified as such by the donation recipient. If a record of the donation's transaction information or history is required, the history must begin with the donor or individual donor, must include all prior donations, and, if the medicine was previously dispensed, must include only drug information that is required to be on the patient label in accordance with rules adopted by the board.

(17)  An entity participating in a drug donation or repository program

operated by another state may participate in the program and, if the registered entity is a prescription drug outlet, may dispense donated drugs to eligible patients of this state. The registered entity is required to comply with all statutes and rules in this state unless the statutes or rules differ from or conflict with the statutes or rules of the state in which the entity is located.

(18)  The board shall adopt any rules necessary to implement this section. The

rules must require the least amount of record keeping necessary to ensure patient safety and must allow flexibility in the format for record keeping.

(19)  Notwithstanding any law to the contrary, this section controls all

activities under the program and supersedes any inconsistent law or rule.

(20)  When acting in good faith, without negligence or willful or wanton

misconduct, the following individuals or entities are not subject to civil or criminal liability or professional disciplinary action:

(a)  An individual or entity involved in the supply chain of donated medicine,

including the donor, the individual donor, the donation recipient, the manufacturer, the repackager, the prescription drug outlet or other entity regulated by the board, and the eligible patient;

(b)  An individual or entity, including an employee, an officer, a volunteer, an

owner, a partner, a member, a director, a contractor, or other individual or entity associated with the individual or entity that, in compliance with this section, prescribes, donates, receives donations of, dispenses, administers, transfers, replaces, or repackages medicine or facilitates any of the actions described in this section; and

(c)  The board.


(21)  Notwithstanding subsection (20) of this section, a manufacturer of a

prescription drug that is subject to risk evaluation and mitigation strategies (REMS) is not subject to criminal prosecution or liability in tort or other civil action for injury, death, or loss to person or property for matters related to the donation, acceptance, or dispensing of a REMS drug manufactured by the drug manufacturer that is donated by any person pursuant to the program, including liability for failure to transfer or communicate product or consumer information or the expiration date of the donated prescription drug.

(22)  A donation recipient operating primarily for the purpose of participating

in this program shall not be required to possess a comprehensive or minimum supply of medicine.

Source: L. 2025: Entire section added, (SB 25-289), ch. 273, p. 1414, � 2,

effective August 6.

C.R.S. § 12-300-104

12-300-104. Definitions. As used in this article 300, unless the context otherwise requires:

(1)  Medical director means a licensed physician who holds such title in any

inpatient or outpatient facility, department, or home care agency, and who is responsible for the quality, safety, and appropriateness of the respiratory therapy provided.

(2)  Respiratory therapist means a person who is licensed to practice

respiratory therapy pursuant to this article 300.

(3)  Respiratory therapy means providing therapy, management,

rehabilitation, support services for diagnostic evaluation, and care of patients with deficiencies and abnormalities that affect the pulmonary system under the overall direction of a medical director. Respiratory therapy includes the following:

(a)  Direct and indirect pulmonary care services that are safe, aseptic,

preventive, and restorative to the patient;

(b)  The teaching or instruction of the techniques and skill of respiratory care

whether or not in a formal educational setting;

(c)  Direct and indirect respiratory care services, including the administration

of pharmacological, diagnostic, and therapeutic agents related to respiratory care procedures necessary to implement a treatment, disease prevention, and pulmonary rehabilitative or diagnostic regimen prescribed by a physician, a physician assistant, an advanced practice registered nurse, or a certified midwife;

(d)  Observation and monitoring of signs, symptoms, reactions, general

behavior, and general physical response to respiratory care treatment and diagnostic testing for:

(I)  The determination of whether such signs, symptoms, reactions, behavior,

or general response exhibit abnormal characteristics; or

(II)  The implementation based on observed abnormalities of appropriate

reporting, referral, or respiratory care protocols or changes in treatment regimen pursuant to a prescription by a physician, a physician assistant, an advanced practice registered nurse, or a certified midwife or the initiation of emergency procedures;

(e)  The diagnostic and therapeutic use of the following in accordance with

the prescription of a physician, a physician assistant, an advanced practice registered nurse, or a certified midwife:

(I)  Administration of medical gases, exclusive of general anesthesia;


(II)  Aerosols;


(III)  Humidification;


(IV)  Environmental control systems and biomedical therapy;


(V)  Pharmacologic agents related to respiratory care procedures;


(VI)  Mechanical or physiological ventilatory support;


(VII)  Bronchopulmonary hygiene;


(VIII)  Respiratory protocol and evaluation;


(IX)  Cardiopulmonary resuscitation;


(X)  Maintenance of the natural airways;


(XI)  Insertion and maintenance of artificial airways;


(XII)  Diagnostic and testing techniques required for implementation of

respiratory care protocols;

(XIII)  Collection of specimens from the respiratory tract; or


(XIV)  Analysis of blood gases and respiratory secretions and participation in

cardiopulmonary research; and

(f)  The transcription and implementation of the written and verbal orders of a

physician pertaining to the practice of respiratory care.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

1578, � 1, effective October 1. L. 2023: (3)(c), (3)(d)(II), and (3)(e) amended, (SB 23-167), ch. 261, p. 1546, � 51, effective May 25. L. 2024: (3)(c), (3)(d)(II), and (3)(e) amended, (HB 24-1253), ch. 179, p. 973, � 3, effective August 7.

Editor's note: This section is similar to former � 12-41.5-103 as it existed prior

to 2019.

C.R.S. § 12-300-112

12-300-112. Exceptions. (1) This article 300 does not prohibit:

(a) (I)  Any practice of respiratory therapy that is an integral part of a program

of study by students enrolled in an accredited respiratory therapy program. Students enrolled in respiratory therapy education programs shall be identified as student respiratory therapists and shall only provide respiratory therapy under direct supervision of a respiratory therapist on the premises who is available for prompt consultation or treatment.

(II)  The practice of respiratory therapy by pulmonary function technology

students or polysomnographic technology students that is an integral part of a program of study that leads to certification or registration for their respective disciplines. Students enrolled in those programs shall be identified as student pulmonary functions technologists or student polysomnographic technologists and shall practice only under the direct supervision of a respiratory therapist or physician or under the supervision of an individual exempted from the provisions of this article 300 pursuant to subsection (1)(g) of this section.

(III)  The practice of respiratory therapy by polysomnographic technologists

who are not registered by or do not hold credentials from a nationally recognized organization, but those polysomnographic technologists shall only practice under the supervision of a respiratory therapist, a physician, or an individual exempted from this article 300 pursuant to subsection (1)(g) of this section, and those polysomnographic technologists' scope of practice must not exceed oxygen titration with pulse oximetry and noninvasive positive pressure ventilation titration.

(b)  Self-therapy by a patient or gratuitous therapy by a friend or family

member who does not represent himself or herself to be a respiratory therapist;

(c)  Any service provided during an emergency that may be included in the

definition of the practice of respiratory therapy;

(d)  Respiratory therapy services rendered in the course of assigned duties of

persons serving in the military or persons working in federal facilities;

(e)  Respiratory therapy services rendered in the course of assigned duties of

persons delivering oxygen supplies, including the inspection and maintenance of associated apparatus by a person who does not represent himself or herself as a respiratory therapist;

(f)  Any person registered, certified, or licensed in this state under this title 12

from engaging in the practice for which the person is registered, certified, or licensed;

(g)  The practice of procedures that fall within the definition of respiratory

therapy by certified pulmonary function technologists, registered pulmonary function technologists, registered polysomnographic technologists, or others who hold credentials from a nationally recognized organization as determined by the director; except that the scope of practice of a registered polysomnographic technologist must not exceed oxygen titration with pulse oximetry and noninvasive positive pressure ventilation titration;

(h)  The instruction or training of persons to administer emergency oxygen

during an aquatic emergency, when the instruction or training is provided by an individual who has been certified to conduct the instruction or training by a nationally recognized certifying agency; or

(i)  The practice by an unlicensed person of procedures that fall within the

definition of respiratory therapy but that do not require the unlicensed person to perform an assessment, to perform an invasive procedure as defined by the director, or to alter care beyond the scope of approved protocols, so long as the unlicensed person is under supervision as determined appropriate by the respiratory therapist and after the respiratory therapist has considered all of the following:

(I)  The health status and mental and physical stability of the individual

receiving care;

(II)  The complexity of the procedures;


(III)  The training and competence of the unlicensed person;


(IV)  The proximity and availability of the respiratory therapist when the

procedures are performed;

(V)  The degree of supervision required for the unlicensed person;


(VI)  The length and number of times that the procedure may be performed;

and

(VII)  The predictability of the outcome of the procedure.


Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p.

1589, � 1, effective October 1. L. 2024: (1)(a)(III) amended, (HB 24-1253), ch. 179, p. 974, � 4, effective August 7.

Editor's note: This section is similar to former � 12-41.5-110 as it existed prior

to 2019.

C.R.S. § 13-32-101

13-32-101. Docket fees in civil actions - judicial stabilization cash fund - justice center cash fund - justice center maintenance fund - equal justice fee collection - created - report - legislative declaration. (1) At the time of first appearance in all civil actions and special proceedings in all courts of record, except in the supreme court and the court of appeals, and except in the probate proceedings in the district court or probate court of the city and county of Denver, and except as provided in subsection (3) of this section and in sections 13-32-103 and 13-32-104, there shall be paid in advance the total docket fees, as follows:

(a)  On and after July 1, 2009, by the petitioner in a proceeding for dissolution

of marriage, legal separation, or declaration of invalidity of marriage and by the petitioner in an action for a declaratory judgment concerning the status of marriage, a fee of two hundred thirty dollars;

(a.5)  On and after October 1, 2013, by the petitioner in a proceeding for

dissolution of a civil union, legal separation of a civil union, or declaration of invalidity of a civil union and by the petitioner in an action for a declaratory judgment concerning the status of a civil union, a fee of two hundred thirty dollars;

(b)  On and after July 1, 2009, by the respondent in a proceeding for

dissolution of marriage, legal separation, or declaration of invalidity of marriage and by the respondent to an action for a declaratory judgment concerning the status of marriage, a fee of one hundred sixteen dollars;

(b.5)  On and after October 1, 2013, by the respondent in a proceeding for

dissolution of a civil union, legal separation of a civil union, or declaration of invalidity of a civil union and by the respondent to an action for a declaratory judgment concerning the status of a civil union, a fee of one hundred sixteen dollars;

(c) (I) to (III)  Repealed.


(III.5)  Except as provided in subsections (1)(c)(IV) and (1)(c)(V) of this section:


(A)  On or after January 1, 2019, by each plaintiff, petitioner, third-party

plaintiff, and party filing a cross claim or counterclaim, when a money judgment sought is less than one thousand dollars and such action is commenced in a court of record of appropriate limited jurisdiction, a fee in the amount of eighty-five dollars.

(B)  On or after January 1, 2019, by each defendant, respondent, third-party

defendant, or other party in such court not filing a cross claim or counterclaim, when a money judgment sought is less than one thousand dollars and such action is commenced in a court of record of appropriate limited jurisdiction, a fee in the amount of eighty dollars.

(C)  On or after January 1, 2019, by each plaintiff, petitioner, third-party

plaintiff, and party filing a cross claim or counterclaim, when a money judgment sought is one thousand dollars or more but less than fifteen thousand dollars and such action is commenced in a court of record of appropriate limited jurisdiction, a fee in the amount of one hundred five dollars.

(D)  On or after January 1, 2019, by each defendant, respondent, third-party

defendant, or other party in such court not filing a cross claim or counterclaim, when a money judgment sought is one thousand dollars or more but less than fifteen thousand dollars and such action is commenced in a court of record of appropriate limited jurisdiction, a fee in the amount of one hundred dollars.

(E)  On or after January 1, 2019, by each plaintiff, petitioner, third-party

plaintiff, and party filing a cross claim or counterclaim, when a money judgment sought is fifteen thousand dollars or more but does not exceed twenty-five thousand dollars and such action is commenced in a court of record of appropriate limited jurisdiction, a fee in the amount of one hundred thirty-five dollars.

(F)  On or after January 1, 2019, by each defendant, respondent, third-party

defendant, or other party in such court not filing a cross claim or counterclaim, when a money judgment sought is fifteen thousand dollars or more but does not exceed twenty-five thousand dollars and such action is commenced in a court of record of appropriate limited jurisdiction, a fee in the amount of one hundred thirty dollars.

(IV)  The general assembly hereby declares that docket fees for actions filed

in the small claims division of the county court should reflect the range of the monetary jurisdictional limit established for such actions and that such fees should promote access to the courts and reflect appropriate contributions from litigants using the court system based on the money judgment sought in an action. The general assembly hereby declares that it is appropriate to establish docket fees for the small claims division of the county court as follows:

(A)  On and after July 1, 2008, when the money judgment sought by the

plaintiff in an action filed in the small claims division of the county court is five hundred dollars or less, a plaintiff shall pay a fee of thirty-one dollars.

(B)  On and after July 1, 2008, when the money judgment sought by the

plaintiff in an action filed in the small claims division of the county court is five hundred dollars or less, a defendant filing an answer without a counterclaim in such an action shall pay a fee of twenty-six dollars.

(C)  On and after July 1, 2008, when the money judgment sought in an action

filed in the small claims division of the county court exceeds five hundred dollars and is no more than seven thousand five hundred dollars, a plaintiff shall pay a fee of fifty-five dollars.

(D)  On and after July 1, 2008, when the money judgment sought in an action

filed in the small claims division of the county court exceeds five hundred dollars and is no more than seven thousand five hundred dollars, a defendant filing an answer without a counterclaim in such an action shall pay a fee of forty-one dollars.

(E)  On and after July 1, 2008, if a defendant files an answer with a

counterclaim in an action in the small claims division of the county court and the amount sought in the action and amount sought in the counterclaim are each five hundred dollars or less, the fee for such answer and counterclaim shall be thirty-one dollars.

(F)  On and after July 1, 2008, if a defendant files an answer with a

counterclaim in an action in the small claims division of the county court and the amount sought in either the action or the counterclaim is more than five hundred dollars and is not more than seven thousand five hundred dollars, the fee for such answer and counterclaim shall be forty-six dollars.

(V)  A defendant or third-party defendant shall not be charged any fee,

charge, or cost for filing an answer in response to a forcible entry and detainer complaint, regardless of whether the filing of the answer includes a counterclaim or cross claim, and regardless of whether a money judgment is being sought for any amount.

(d)  On and after January 1, 2019, by each plaintiff, petitioner, third-party

plaintiff, and party filing a cross claim or counterclaim filed in a district court of the state, a fee of two hundred thirty-five dollars;

(e)  On and after July 1, 2008, by each appellant, a fee of one hundred sixty-three dollars;


(f)  On and after January 1, 2019, by an appellee and by each defendant or

respondent not filing a cross claim or counterclaim, a fee of one hundred ninety-two dollars;

(g)  On and after July 1, 2008, by a petitioner in adoption proceedings, a fee of

one hundred sixty-seven dollars.

(2)  On and after July 1, 2008, in any proceeding held pursuant to articles 5,

10, 11, 13, and 14 of title 14, C.R.S., where a decree or final or permanent order has been entered and more than sixty days have passed, there shall be assessed at the time of filing a motion to modify, amend, or alter said decree or order a fee of one hundred five dollars.

(3) (a)  Notwithstanding the provisions of subsection (1) of this section, if

parties appear jointly, only one fee shall be charged or paid, and no fee shall be charged in any event for the filing of a disclaimer, or for an acknowledgment of service for the purpose of conferring jurisdiction, or for an appearance or answer filed by a guardian ad litem, or by an attorney appointed by the court to represent and protect the interest of any defendant.

(b) (I)  No docket fee shall be charged in mental health proceedings under

article 10 or 10.5 of title 27, C.R.S.; but, where an estate is thereafter probated for any mental incompetent, the committing court has a claim against such estate, as a cost of the mental health proceedings, in the sum of twenty dollars, in addition to any other expense of commitment allowed and paid by the county, to be paid by the conservator of such estate as a claim pursuant to section 15-14-429, C.R.S.

(II)  On and after July 1, 2009, all claims of twenty dollars that are paid to and

collected by the committing court under subparagraph (I) of this paragraph (b) shall be transmitted to the state treasurer for deposit in the judicial stabilization cash fund created in subsection (6) of this section.

(c)  No docket fee shall be charged in proceedings concerning dependent or

neglected children, relinquishment of children, or delinquent children.

(4) (a)  In a civil case in which there is a contested trial to the court or a trial to

a jury and a monetary judgment rendered which is paid in whole or in part in cash or other property, there shall be assessed, against the judgment debtor, by the clerk of the court an additional fee as provided in paragraph (b) of this subsection (4). This additional fee shall be paid to the clerk of the district court upon request for full or partial satisfaction of judgment and before the certificate of satisfaction of judgment is issued.

(b)  The additional fee to be paid by the judgment debtor, as provided in

paragraph (a) of this subsection (4), is as follows:

(I)  Judgments over $5,000 and not more than $10,000, a total additional fee

of $10;

(II)  Judgments over $10,000 and not more than $20,000, a total additional

fee of $30;

(III)  Judgments over $20,000 and not more than $30,000, a total additional

fee of $50;

(IV)  Judgments over $30,000 and not more than $50,000, a total additional

fee of $90;

(V)  Judgments over $50,000, $90 plus an additional fee of $2 for each

$1,000 above $50,000.

(5) (a)  Each fee collected pursuant to subsection (1)(a) or (1)(a.5) of this

section must be transmitted to the state treasurer and divided as follows:

(I)  Fifteen dollars must be deposited in the Colorado child abuse prevention

trust fund created in section 26.5-3-206;

(II)  One hundred fifteen dollars shall be deposited in the performance-based

collaborative management incentive cash fund created in section 24-1.9-104, C.R.S.;

(III)  Fifty dollars shall be deposited in the judicial stabilization cash fund

created in subsection (6) of this section;

(IV)  Five dollars shall be deposited in the court security cash fund

established pursuant to section 13-1-204;

(V)  Twenty-six dollars shall be deposited in the justice center cash fund

created in paragraph (a) of subsection (7) of this section;

(VI)  One dollar shall be deposited in the general fund pursuant to section 2-5-119, C.R.S.;


(VII)  Pursuant to section 25-2-107 (2) or 25-2-107.5, C.R.S., three dollars shall

be deposited in the vital statistics records cash fund created in section 25-2-121, C.R.S.;

(VIII)  Five dollars shall be deposited in the displaced homemakers fund

created in section 8-15.5-108, C.R.S.;

(IX)  Five dollars shall be deposited in the Colorado domestic abuse program

fund created in section 39-22-802 (1), C.R.S.; and

(X)  Five dollars shall be deposited in the family violence justice fund created

in section 14-4-107 (1), C.R.S.

(b)  Each fee collected pursuant to paragraph (b) or (b.5) of subsection (1) of

this section shall be transmitted to the state treasurer and divided as follows:

(I)  Repealed.


(II)  On and after July 1, 2010, seventy-five dollars shall be deposited in the

judicial stabilization cash fund created in subsection (6) of this section, five dollars shall be deposited in the court security cash fund established pursuant to section 13-1-204, twenty-six dollars shall be deposited in the justice center cash fund created in paragraph (a) of subsection (7) of this section, five dollars shall be deposited in the Colorado domestic abuse program fund created in section 39-22-802 (1), C.R.S., and five dollars shall be deposited in the family violence justice fund created in section 14-4-107 (1), C.R.S.

(c) to (g)  Repealed.


(g.5)  Each fee collected pursuant to subsection (1)(c)(III.5)(A), (1)(c)(III.5)(C),

or (1)(c)(III.5)(E) of this section shall be transmitted to the state treasurer and five dollars shall be deposited in the court security cash fund established pursuant to section 13-1-204, thirty-eight dollars shall be deposited in the justice center cash fund created in subsection (7)(a) of this section, and one dollar shall be deposited in the general fund pursuant to section 2-5-119. The remaining balance shall be deposited in the judicial stabilization cash fund created in subsection (6) of this section.

(h)  Repealed.


(h.5)  Each fee collected pursuant to subsection (1)(c)(III.5)(B), (1)(c)(III.5)(D), or

(1)(c)(III.5)(F) of this section shall be transmitted to the state treasurer and five dollars shall be deposited in the court security cash fund established pursuant to section 13-1-204, and thirty-eight dollars shall be deposited in the justice center cash fund created in subsection (7)(a) of this section. The remaining balance shall be deposited in the judicial stabilization cash fund created in subsection (6) of this section.

(i)  Each fee collected pursuant to sub-subparagraph (A) of subparagraph (IV)

of paragraph (c) of subsection (1) of this section shall be transmitted to the state treasurer and divided as follows:

(I)  Repealed.


(II)  On and after July 1, 2010, fourteen dollars shall be deposited in the

judicial stabilization cash fund created in subsection (6) of this section, five dollars shall be deposited in the court security cash fund established pursuant to section 13-1-204, eleven dollars shall be deposited in the justice center cash fund created in paragraph (a) of subsection (7) of this section, and one dollar shall be deposited in the general fund pursuant to section 2-5-119, C.R.S.

(j)  Each fee collected pursuant to sub-subparagraph (B) of subparagraph (IV)

of paragraph (c) of subsection (1) of this section shall be transmitted to the state treasurer and divided as follows:

(I)  Repealed.


(II)  On and after July 1, 2010, ten dollars shall be deposited in the judicial

stabilization cash fund created in subsection (6) of this section, five dollars shall be deposited in the court security cash fund established pursuant to section 13-1-204, and eleven dollars shall be deposited in the justice center cash fund created in paragraph (a) of subsection (7) of this section.

(k)  Each fee collected pursuant to sub-subparagraph (C) of subparagraph

(IV) of paragraph (c) of subsection (1) of this section shall be transmitted to the state treasurer and divided as follows:

(I)  Repealed.


(II)  On and after July 1, 2010, thirty-eight dollars shall be deposited in the

judicial stabilization cash fund created in subsection (6) of this section, five dollars shall be deposited in the court security cash fund established pursuant to section 13-1-204, eleven dollars shall be deposited in the justice center cash fund created in paragraph (a) of subsection (7) of this section, and one dollar shall be deposited in the general fund pursuant to section 2-5-119, C.R.S.

(l)  Each fee collected pursuant to sub-subparagraph (D) of subparagraph (IV)

of paragraph (c) of subsection (1) of this section shall be transmitted to the state treasurer and divided as follows:

(I)  Repealed.


(II)  On and after July 1, 2010, twenty-five dollars shall be deposited in the

judicial stabilization cash fund created in subsection (6) of this section, five dollars shall be deposited in the court security cash fund established pursuant to section 13-1-204, and eleven dollars shall be deposited in the justice center cash fund created in paragraph (a) of subsection (7) of this section.

(m)  Each fee collected pursuant to sub-subparagraph (E) of subparagraph

(IV) of paragraph (c) of subsection (1) of this section shall be transmitted to the state treasurer and divided as follows:

(I)  Repealed.


(II)  On and after July 1, 2010, fifteen dollars shall be deposited in the judicial

stabilization cash fund created in subsection (6) of this section, five dollars shall be deposited in the court security cash fund established pursuant to section 13-1-204, and eleven dollars shall be deposited in the justice center cash fund created in paragraph (a) of subsection (7) of this section.

(n)  Each fee collected pursuant to sub-subparagraph (F) of subparagraph

(IV) of paragraph (c) of subsection (1) of this section shall be transmitted to the state treasurer and divided as follows:

(I)  Repealed.


(II)  On and after July 1, 2010, thirty dollars shall be deposited in the judicial

stabilization cash fund created in subsection (6) of this section, five dollars shall be deposited in the court security cash fund established pursuant to section 13-1-204, and eleven dollars shall be deposited in the justice center cash fund created in paragraph (a) of subsection (7) of this section.

(o)  Each fee collected pursuant to subsection (1)(d) of this section shall be

transmitted to the state treasurer and divided as follows:

(I)  Repealed.


(II)  On and after January 1, 2019, one hundred sixty-one dollars shall be

deposited in the judicial stabilization cash fund created in subsection (6) of this section, five dollars shall be deposited in the court security cash fund established pursuant to section 13-1-204, sixty-eight dollars shall be deposited in the justice center cash fund created in subsection (7)(a) of this section, and one dollar shall be deposited in the general fund pursuant to section 2-5-119.

(p)  Each fee collected pursuant to paragraph (e) of subsection (1) of this

section shall be transmitted to the state treasurer and divided as follows:

(I)  Repealed.


(II)  On and after July 1, 2010, ninety dollars shall be deposited in the judicial

stabilization cash fund created in subsection (6) of this section, five dollars shall be deposited in the court security cash fund established pursuant to section 13-1-204, and sixty-eight dollars shall be deposited in the justice center cash fund created in paragraph (a) of subsection (7) of this section.

(q)  Each fee collected pursuant to subsection (1)(f) of this section shall be

transmitted to the state treasurer and divided as follows:

(I)  Repealed.


(II)  On and after January 1, 2019, one hundred nineteen dollars shall be

deposited in the judicial stabilization cash fund created in subsection (6) of this section, five dollars shall be deposited in the court security cash fund established pursuant to section 13-1-204, and sixty-eight dollars shall be deposited in the justice center cash fund created in subsection (7)(a) of this section.

(r)  Each fee collected pursuant to paragraph (g) of subsection (1) of this

section shall be transmitted to the state treasurer and divided as follows:

(I)  Repealed.


(II)  On and after July 1, 2010, one hundred forty-three dollars shall be

deposited in the judicial stabilization cash fund created in subsection (6) of this section, five dollars shall be deposited in the court security cash fund established pursuant to section 13-1-204, fifteen dollars shall be deposited in the justice center cash fund created in paragraph (a) of subsection (7) of this section, one dollar shall be deposited in the general fund pursuant to section 2-5-119, C.R.S., and three dollars shall be deposited in the vital statistics records cash fund created in section 25-2-121, C.R.S.

(s)  Each fee collected pursuant to subsection (2) of this section shall be

transmitted to the state treasurer and divided as follows:

(I)  Repealed.


(II)  On and after July 1, 2010, ninety-five dollars shall be deposited in the

judicial stabilization cash fund created in subsection (6) of this section and ten dollars shall be deposited in the justice center cash fund created in paragraph (a) of subsection (7) of this section.

(6)  There is hereby created in the state treasury the judicial stabilization

cash fund, referred to in this subsection (6) as the fund, that shall consist of all fees required to be deposited in the fund. The moneys in the fund shall be subject to annual appropriation by the general assembly for the expenses of trial courts in the judicial department. Any moneys in the fund not expended for the purpose of this subsection (6) may be invested by the state treasurer as provided in section 24-36-113, C.R.S. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of any fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or any other fund.

(7) (a)  There is hereby created in the state treasury the justice center cash

fund, referred to in this subsection (7) as the fund, that shall consist of all fees required by law to be deposited in the fund and any lease payments received by the judicial department from agencies occupying the state justice center. The money in the fund shall be subject to annual appropriation by the general assembly for the expenses related to the design, construction, maintenance, operation, and interim accommodations for the state justice center, including but not limited to payments on any financed purchase of an asset or certificate of participation agreements entered into pursuant to the provisions of section 2 of Senate Bill 08-206, as enacted at the second regular session of the sixty-sixth general assembly, collectively referred to in this subsection (7) as financed purchase of an asset or certificate of participation agreements. Any money in the fund not expended for the purpose of this subsection (7) may be invested by the state treasurer as provided in section 24-36-113. 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 any fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or any other fund.

(b) (I)  The general assembly hereby finds and declares:


(A)  The state judicial department is in need of additional space;


(B)  The state museum and the offices of the state historical society occupy a

building on the same block at Fourteenth avenue and Broadway as the current offices of the Colorado supreme court, the Colorado court of appeals, and the supreme court library;

(C)  By building a new facility on the entire block at Fourteenth avenue and

Broadway, the judicial department will consolidate its offices into a single location and the state judicial department will operate more efficiently and cost-effectively; and

(D)  It is appropriate for the judicial department to pay the state museum and

the state historical society for its building and for vacating its current location at Fourteenth avenue and Broadway and to assist in relocation expenses so that the entire block is available for use by the state judicial department.

(II)  Repealed.


(III)  The general assembly further finds and declares that it is not the general

assembly's intent that the judicial department artificially raise the fees that are required by law to be deposited in the fund in order to increase the amount of money appropriated from the fund to the maintenance fund created in subsection (7)(d) of this section.

(c) (I)  For the fiscal year commencing July 1, 2014, and each fiscal year

thereafter so long as there are any payments due under any financed purchase of an asset or certificate of participation agreements, the executive director of the department of personnel shall calculate the net savings to the state by locating the department of law and any other executive branch agency in the new state justice center.

(II)  For the fiscal year commencing July 1, 2014, and each year thereafter so

long as there are payments due on any financed purchase of an asset or certificate of participation agreements, the general assembly shall appropriate from the general fund to the fund the amount of savings calculated by the executive director of the department of personnel pursuant to subsection (7)(c)(I) of this section. Any money received in the fund pursuant to this subsection (7)(c) shall be used to prepay any obligations due pursuant to any financed purchase of an asset or certificate of participation agreement.

(d) (I)  The justice center maintenance fund is hereby created in the state

treasury and referred to in this subsection (7)(d) as the maintenance fund. The maintenance fund consists of money annually appropriated by the general assembly to the maintenance fund from the justice center cash fund and any other money that the general assembly may appropriate or transfer to the fund. The amount appropriated to the maintenance fund from the justice center cash fund must be equal to the amount described in subsection (7)(d)(II) of this section. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the maintenance fund to the maintenance fund. Subject to annual appropriation by the general assembly and subject to capital development review of any controlled maintenance needs that the committee would typically review for state-funded projects, money from the maintenance fund may be expended for controlled maintenance needs of the Ralph L. Carr Colorado judicial center.

(II)  Current and projected appropriations to the maintenance fund from the

justice center cash fund should be sufficient to pay for current and projected controlled maintenance needs for the Ralph L. Carr Colorado judicial center as outlined in the report required in subsection (7)(d)(IV) of this section, taking into account any projected interest earnings on the maintenance fund.

(III)  For purposes of this subsection (7)(d), controlled maintenance has the

same meaning as set forth in section 24-30-1301 (4); except that it may include any maintenance needs that would ordinarily be funded in the judicial department's operating budget and it may include information technology equipment to support network operations, such as servers or uninterruptible power supply units, or to regulate or control building systems, such as lighting or HVAC.

(IV)  The judicial department shall provide a written report to the joint budget

committee and the capital development committee on November 1, 2018, and each November 1 thereafter, that documents expenditures that have been made from the maintenance fund and that documents projected future expenditures from the maintenance fund over a twenty-year term, or such other term as requested by the capital development committee and the joint budget committee. Notwithstanding section 24-1-136 (11)(a), the reporting requirement specified in this subsection (7)(d)(IV) continues indefinitely.

(8)  At the time of filing a motion pursuant to section 19-4-107.3 or 14-10-122

(6), C.R.S., seeking to set aside a final or permanent order concerning parentage based upon DNA evidence establishing the exclusion of the petitioner as the biological father of a child, or to terminate an order requiring the petitioner to pay child support for that child, the petitioner shall pay a fee of seventy dollars. The fee collected pursuant to this subsection (8) shall be transmitted to the state treasurer for deposit in the judicial stabilization cash fund created in subsection (6) of this section.

(9)  Beginning January 1, 2025, the court shall collect the equal justice fee on

filings specified in subsection (1) of this section in the amount of thirty dollars on civil actions filed in district court and ten dollars on civil actions filed in county court, except for filings in small claims court, on behalf of the equal justice authority and transmit the equal justice fee in the manner specified in section 13-5.7-205 (2).

Source: L. 21: p. 227, � 1. C.L. � 7873. L. 23: p. 249, � 1. CSA: C. 66, � 4. L. 47:

p. 456, � 1. CRS 53: � 56-5-1. L. 58: pp. 241, 249, �� 6, 19, 20. L. 60: p. 144, � 2. L. 61: p. 384, � 1. C.R.S. 1963: � 56-5-1. L. 64: p. 463, � 4. L. 67: p. 991, � 1. L. 69: p. 388, �� 3, 4. L. 72: p. 598, � 84. L. 73: p. 1405, �� 41, 42. L. 75: (1)(c) amended, p. 579, � 1, effective July 1; (1)(d) amended, p. 581, � 1, effective July 1; (2) amended, p. 924, � 17, effective July 1; (2) amended, p. 209, � 22, effective July 16. L. 76: (1)(c) amended, p. 302, � 31, effective May 20; (1)(c) amended, p. 520, � 2, effective October 1. L. 79: (4) amended, p. 621, � 1, effective June 1; (4)(a) and IP(4)(b) amended, p. 600, � 22, effective July 1. L. 80: (4) amended, p. 515, � 1, effective January 29. L. 81: (1)(c) amended, p. 2031, � 43, effective July 14. L. 82: (1)(c) amended, p. 294, � 1, effective July 1; (1)(d) amended, p. 295, � 1, effective July 1. L. 83: (1)(c) amended, p. 2047, � 3, effective October 14. L. 84: (1)(a), (1)(b), and (1)(f) amended, p. 455, � 6, effective July 1. L. 87: (1)(a), (1)(b), (1)(c)(I), (1)(d), and (1)(f) amended, p. 562, � 4, effective July 1; (1)(c)(II) amended, p. 544, � 3, effective July 1. L. 90: (1)(c)(I) amended and (1)(c)(II) R&RE, p. 851, �� 12, 13, effective May 31; (1)(c)(I) amended and (1)(c)(II) R&RE, p. 856, �� 5, 6, effective July 1. L. 91: (1)(a), (1)(c)(I), and (1)(d) amended and (1)(a.5) and (5) added, pp. 386, 379, �� 1, 3, effective July 1. L. 92: (1)(a.5)(I) amended, p. 218, � 23, effective August 1. L. 94: (1)(a.5) amended, p. 1691, � 1, effective July 1. L. 95: (1)(a), (1)(b), (1)(d), (1)(f), and (5) amended, p. 740, � 2, effective July 1; (1)(c)(II)(D) and (1)(c)(III) added, pp. 728, 729, �� 2, 3, effective January 1, 1996. L. 98: (1)(a.5)(III) added by revision, pp. 767, 769, �� 18, 23. L. 99: (1)(a.5) amended, p. 1084, � 1, effective July 1. L. 2000: (1)(a) amended, p. 1571, � 9, effective July 1; (2) amended, p. 1832, � 4, effective January 1, 2001. L. 2001: (1)(a) amended, p. 741, � 6, effective June 1; (1)(c)(I), (1)(c)(II), and (1)(c)(III) amended, pp. 1518, 1516, �� 12, 10, effective September 1. L. 2002: (1)(a) amended, p. 529, � 3, effective May 24; (6) added, p. 671, � 1, effective May 28. L. 2003: (1)(a) amended, p. 386, � 2, effective March 5; (1)(a), (1)(b), (1)(c), (1)(d), (1)(f), and (5) amended and (1.5) added, p. 568, � 1, effective March 18. L. 2004: (1)(a) amended, p. 1555, � 4, effective May 28. L. 2007: (7) added, p. 1268, � 2, effective May 25; (1)(a), (1)(b), (1)(c), (1)(d), (1)(f), (2), and (5) amended, p. 1530, � 19, effective May 31. L. 2008: Entire section amended, p. 2114, � 7, effective June 4; (8) added, p. 1658, � 5, effective August 15. L. 2009: (1)(a), (1)(b), (5)(a)(VII), (5)(a)(VIII), and (5)(b) amended and (5)(a)(IX) and (5)(a)(X) added, (SB 09-068), ch. 264, p. 1210, � 4, effective July 1; (1)(c)(III)(C) repealed, (SB 09-038), ch. 119, p. 498, � 1, effective July 1. L. 2013: (1)(a.5) and (1)(b.5) added and IP(5)(a), (5)(a)(VII), and IP(5)(b) amended, (SB 13-011), ch. 49, pp. 160, 161, �� 8, 9, effective May 1; (7)(c) amended, (HB 13-1300), ch. 316, p. 1674, � 33, effective August 7. L. 2015: (7)(b)(II) repealed, (SB 15-264), ch. 259, p. 949, � 30, effective August 5. L. 2018: (7)(b)(III) and (7)(d) added, (SB 18-267), ch. 407, p. 2392, � 1, effective August 8; IP(1)(c)(III), (1)(c)(III)(A), (1)(c)(III)(B), (5)(g), and (5)(h) repealed, (1)(c)(III.5), (5)(g.5), and (5)(h.5) added, (1)(d), (1)(f), IP(5)(o), (5)(o)(II), IP(5)(q), and (5)(q)(II) amended, (SB 18-056), ch. 298, p. 1817, � 3, effective January 1, 2019; (1)(c)(III)(D), (5)(g)(II), and (5)(h)(II) added by revision, (SB 18-056), ch. 298, pp. 1817, 1820, �� 3, 5. L. 2021: (7)(a) and (7)(c) amended, (HB 21-1316), ch. 325, p. 1999, � 9, effective July 1; IP(5)(a) and (5)(a)(I) amended, (HB 21-1248), ch. 335, p. 2167, � 2, effective September 7. L. 2022: (5)(a)(I) amended, (HB 22-1295), ch. 123, p. 828, � 27, effective July 1. L. 2024: (9) added, (HB 24-1286), ch. 339, p. 2297, � 4, effective June 3; IP(1)(c)(III.5) amended and (1)(c)(V) added, (HB 24-1099), ch. 379, p. 2569, � 1, effective November 1.

Editor's note: (1)  Amendments to subsection (2) by Senate Bill 75-135 and

Senate Bill 75-453 were harmonized. Amendments to subsection (4) by House Bill 79-1568 were harmonized in part with and superseded in part by House Bill 79-1206. Amendments to subsection (1)(a) by Senate Bill 03-172 and Senate Bill 03-186 were harmonized. Amendments to this section by Senate Bill 08-206 and Senate Bill 08-183 were harmonized.

(2)  Subsection (1)(a.5)(III) provided for the repeal of subsection (1)(a.5),

effective January 1, 2001. (See L. 99, p. 1084.)

(3)  Subsection (1)(c)(I)(C) provided for the repeal of subsection (1)(c)(I),

effective July 1, 2009. (See L. 2008, p. 2114.)

(4)  Subsection (5)(c)(II) provided for the repeal of subsection (5)(c), effective

July 1, 2009. (See L. 2008, p. 2114.)

(5)  Subsections (1)(c)(II)(C), (5)(d)(II), (5)(e)(II), and (5)(f)(II) provided for the

repeal of subsections (1)(c)(II), (5)(d), (5)(e), and (5)(f), respectively, effective July 1, 2010. (See L. 2008, p. 2114.)

(6)  Subsections (5)(b)(I)(B), (5)(i)(I)(B), (5)(j)(I)(B), (5)(k)(I)(B), (5)(l)(I)(B),

(5)(m)(I)(B), (5)(n)(I)(B), (5)(o)(I)(B), (5)(p)(I)(B), (5)(q)(I)(B), (5)(r)(I)(B), and (5)(s)(I)(B) provided for the repeal of subsections (5)(b)(I), (5)(i)(I), (5)(j)(I), (5)(k)(I), (5)(l)(I), (5)(m)(I), (5)(n)(I), (5)(o)(I), (5)(p)(I), (5)(q)(I), (5)(r)(I), and (5)(s)(I), respectively, effective July 1, 2011. (See L. 2008, p. 2114.)

(7)  Subsections (1)(c)(III)(D), (5)(g)(II), and (5)(h)(II) provided for the repeal of

subsections (1)(c)(III), (5)(g), and (5)(h), respectively, effective January 1, 2019. (See L. 2018, pp. 1817, 1820.)

Cross references: (1)  For the additional fee assessed against the petitioner

of a dissolution of marriage action and deposited in the displaced homemakers fund, see � 14-10-120.5.

(2)  For the legislative declaration contained in the 1990 act amending

subsections (1)(c)(I) and (1)(c)(II), see section 1 of chapter 100, Session Laws of Colorado 1990. For the legislative declaration contained in the 2008 act amending this section, see section 1 of chapter 417, Session Laws of Colorado 2008. For the legislative declaration in HB 24-1286, see section 1 of chapter 339, Session Laws of Colorado 2024.

C.R.S. § 13-54-101

13-54-101. Definitions. As used in this article, unless the context otherwise requires:

(1)  Debtor means a person whose property or earnings are subject to

attachment, execution, or garnishment.

(2)  Dependent means a person who receives more than one-half of his

support from the debtor.

(2.5)  Disabled debtor, disabled spouse, or disabled dependent means a

debtor, spouse, or dependent who has a physical or mental impairment that is disabling and that, because of other factors such as age, training, experience, or social setting, substantially precludes the debtor, spouse, or dependent from engaging in a useful occupation as a homemaker, a wage-earner, or a self-employed person in any employment that exists in the community for which he or she has competence.

(3)  Repealed.


(3.5)  Elderly debtor, elderly spouse, or elderly dependent means a

debtor, spouse, or dependent who is sixty years of age or older.

(4)  Household goods means, by way of illustration, household furniture,

furnishings, dishes, utensils, cutlery, tableware, napery, pictures, prints, appliances, stoves, microwave ovens, beds and bedding, freezers, refrigerators, washing machines, dryers, exercise equipment, musical instruments, bicycles, sewing machines, toys, and home electronics, including but not limited to cameras, television sets, radios, stereos, computers, facsimile machines, telephones, and other audio and video equipment.

(5)  Value means the fair market value of any property less the amount of

any lien thereon valid as between the owner of the property and the holder of any such lien.

Source: L. 59: p. 529, � 1. CRS 53: � 77-13-1. C.R.S. 1963: � 77-2-1. L. 81:

Entire section R&RE, p. 892, � 1, effective July 1. L. 2000: (4) amended, p.715, � 1, effective May 23. L. 2007: (2.5) and (3.5) added and (4) amended, p. 875, � 2, effective May 14. L. 2015: (3) repealed, (SB 15-283), ch. 301, p. 1237, � 1, effective July 1.

Cross references: For the legislative declaration contained in the 2007 act

enacting subsections (2.5) and (3.5) and amending subsection (4), see section 1 of chapter 226, Session Laws of Colorado 2007.

C.R.S. § 16-13-303

16-13-303. Class 1 public nuisance. (1) Every building or part of a building including the ground upon which it is situate and all fixtures and contents thereof, every vehicle, and any real property shall be deemed a class 1 public nuisance when:

(a)  Used as a public or private place of prostitution or used as a place where

the commission of soliciting for prostitution, as defined in section 18-7-202, C.R.S.; pandering, as defined in section 18-7-203, C.R.S.; keeping a place of prostitution, as defined in section 18-7-204, C.R.S.; pimping, as defined in section 18-7-206, C.R.S.; or human trafficking, as described in section 18-3-503 or 18-3-504, C.R.S., occurs;

(b) (I)  Used, or designed and intended to be used, as gambling premises, as

defined in section 18-10-102 (5), C.R.S., or as a place where any gambling device or gambling record, as such terms are defined in section 18-10-102 (3) and (7), C.R.S., is kept;

(II)  Used for transporting gambling proceeds, records, or devices as defined

in section 18-10-102 (3), (6), and (7), C.R.S.;

(c) (I)  Used for unlawful manufacture, cultivation, growth, production,

processing, sale, or distribution or for storage or possession for any unlawful manufacture, sale, or distribution of any controlled substance, as defined in section 18-18-102 (5), C.R.S., or any other drug the possession of which is an offense under the laws of this state, or any imitation controlled substance, as defined in section 18-18-420 (3), C.R.S.;

(II)  Used for unlawful possession of any controlled substance, as defined in

section 18-18-102 (5), C.R.S., except for possession of less than sixteen ounces of marijuana;

(d)  Used for a purpose declared by a statute of this state to be a class 1

public nuisance;

(e) (I)  Used as a place where the commission of theft, as specified in section

18-4-401, C.R.S., occurs;

(II)  Used for transporting property which is the subject of theft, as specified

in section 18-4-401, C.R.S.;

(f)  Used for the unlawful manufacture, sale, or distribution of drug

paraphernalia, as defined in section 18-18-426, C.R.S.;

(g)  Used for prostitution of a child, as defined in section 18-7-401, C.R.S., or

used as a place where the commission of soliciting for child prostitution, as defined in section 18-7-402, C.R.S., pandering of a child, as defined in section 18-7-403, C.R.S., keeping a place of child prostitution, as defined in section 18-7-404, C.R.S., pimping of a child, as defined in section 18-7-405, C.R.S., or inducement of child prostitution, as defined in section 18-7-405.5, C.R.S., occurs;

(h)  Used for the sexual exploitation of children pursuant to part 4 of article 6

of title 18, C.R.S.;

(h.5)  Repealed.


(h.6)  Used in violation of section 43-10-114, C.R.S.;


(i)  Used in the commission of any felony not otherwise included in this

section;

(j)  Used in the commission of felony vehicular eluding pursuant to section 18-9-116.5, C.R.S.;


(k)  Used in the commission of hit and run with serious bodily injury or death

pursuant to section 42-4-1601 (1), (2)(b), and (2)(c), C.R.S.;

(l)  Used in committing a drive-by crime, as defined in section 16-13-301 (2.2);


(m) (I)  Used, or designed and intended to be used, as gaming premises, or as

a place where any gaming device, as the term is defined in section 44-30-103 (13), or gaming record is kept, in violation of article 30 of title 44, or in violation of article 20 of title 18;

(II)  Used for transporting adjusted gross proceeds or gaming devices as the

terms are defined in section 44-30-103 (1) and (13), or records in violation of the provisions of article 30 of title 44, or in violation of article 20 of title 18;

(III)  Used for the unlawful manufacture, production, sale, distribution, or for

storage or possession for any unlawful manufacture, sale, or distribution of any gaming device, as defined in section 44-30-103 (13), or any other gaming device, equipment, key, electronic or mechanical device, slot machine, bogus chips, counterfeit chips, cards, coins, gaming billets, cheating device, thieving device, tools, drills, or wires used in violation of article 30 of title 44, or in violation of article 20 of title 18; or

(n)  Used in committing, attempting to commit, or conspiring to commit

against an elderly person any felony set forth in part 4 of article 4 of title 18, C.R.S., in part 1, 2, 3, or 5 of article 5 of title 18, C.R.S., article 5.5 of title 18, C.R.S., or section 11-51-603, C.R.S. For purposes of this paragraph (n), an elderly person means a person sixty years of age or older.

(1.5)  All equipment, mechanical systems, or machinery, or parts thereof, shall

be deemed to be a class 1 public nuisance at the location of the automatic dialing system when used for soliciting with an automatic dialing system containing a prerecorded message in violation of section 18-9-311 (1), C.R.S.

(2) (a)  Except as otherwise provided in subsection (2)(b) of this section, all

fixtures and contents of any building, structure, vehicle, or real property that is a class 1 public nuisance under subsection (1) of this section and all property that is a class 1 public nuisance under subsection (1.5) of this section are subject to seizure, confiscation, and forfeiture as provided in this part 3. In addition, the personal property of every kind and description, including currency and other negotiable instruments and vehicles, used in conducting, maintaining, aiding, or abetting any class 1 public nuisance is subject to seizure, confiscation, and forfeiture, as provided in this part 3.

(b)  Subsection (2)(a) of this section does not apply to an owner, operator,

employee, or customer of a simulated gambling device, or of a business offering simulated gambling devices, who:

(I)  Ceased participating in such activity on or before July 1, 2018; and


(II)  Provides clear documentation to the district attorney that:


(A)  A lawful contract has been entered into for the sale or transfer of all

simulated gambling devices connected with the activity to a person by whom, or into a jurisdiction where, the activity is lawful; and

(B)  Consummates the contract by actually selling or transferring the

simulated gambling devices within one hundred eighty days after the contract was entered into or after any simulated gambling devices that were seized, confiscated, or forfeited by law enforcement authorities have been returned, whichever occurs later.

(3)  The following shall be deemed class 1 public nuisances and be subject to

forfeiture and distributed as provided in section 16-13-311 (3), and no property rights shall exist in them:

(a)  All currency, negotiable instruments, securities, or other things of value

furnished or intended to be furnished by any person in exchange for any public nuisance act; or

(b)  All proceeds traceable to any public nuisance act; or


(c)  All currency, negotiable instruments, and securities used or intended to

be used to facilitate any public nuisance act; or

(d)  All equipment of any kind, including but not limited to computers and any

type of computer hardware, software, or other equipment, used in committing sexual exploitation of a child, as described in section 18-6-403, or cybercrime, as described in section 18-5.5-102.

(4)  Whenever it is established, in an action brought pursuant to this part 3,

that a person has received proceeds derived from any public nuisance act, the court shall award to the plaintiff a money judgment of forfeiture for the amount of said proceeds shown to have been derived from any public nuisance act or for an amount shown to have been derived from a series of similar acts which fall within a pattern of public nuisance acts. The person subjected to such a money judgment may claim a setoff equal to the fair market value of the property forfeited if he shows that said property is traceable to the public nuisance act upon which the money judgment is predicated.

(5) (a)  In any action seeking forfeiture of property pursuant to this part 3, any

person contesting the forfeiture shall establish by a preponderance of the evidence such person's standing as a true owner of the property or a true owner with an interest in the property.

(b)  To establish standing, the person shall first prove that the person had a

recorded or registered interest in the property, or a bona fide marital interest in the property, prior to title-vesting in the state, if the property is of the type for which interests can be, and customarily are, recorded or registered in a public office.

(c)  The person shall also prove that he or she is a true owner of the property

or a true owner of an interest in the property. The factors to be considered by the court in determining whether a person is a true owner shall include, but need not be limited to:

(I)  Whether the person had the primary use, benefit, possession, or control of

the property;

(II)  How much of the consideration for the purchase or ownership of the

property was furnished by the person, and whether the person furnished reasonably equivalent value in exchange for the property or interest;

(III)  Whether the transaction by which the person acquired the property or

interest was secret, concealed, undisclosed, hurried, or not in the usual mode of doing business;

(IV)  Whether the transaction by which the person acquired the property or

interest was conducted through the use of a shell, alter ego, nominee, or fictitious party;

(V)  Whether the person is a relative, a co-conspirator, complicitor, or an

accessory in the public nuisance act or acts or other criminal activity, a business associate in a legal or illegal business, one who maintains a special or close relationship with, or an insider with respect to the perpetrator of the alleged public nuisance act or acts;

(VI)  Whether the person is silent or fails to call parties to testify or to

produce available evidence explaining the acquisition of the property or factors which may be badges of fraud or deceit, or show lack of true ownership;

(VII)  Whether the timing of the transaction by which the person acquired the

property was during the pendency or threat of litigation, or during any time when the person knew, should have known, or had notice of the public nuisance act or acts or the threat of a forfeiture action;

(VIII)  Whether the placing of the title in the name of, or the putative

ownership in, or transfer to, the person was done with intent to delay, hinder, or avoid a forfeiture, or for some purpose other than ownership of the property;

(IX)  Whether the perpetrator of the alleged public nuisance act or acts has

absconded or is a fugitive from justice and the conveyance occurred after the flight, or before the flight, in any of the circumstances set forth in subparagraph (III) of this paragraph (c);

(X)  Whether the subject matter property is of a kind in which property or

ownership rights can legally exist;

(XI)  Any other badge or indicia of fraud under article 8 of title 38, C.R.S., or

the general law of fraudulent transfers or conveyances.

(d)  The court shall consider the totality of the circumstances in determining

whether a person is a true owner. A person contesting the forfeiture does not necessarily have to show that all of the factors enumerated in paragraph (c) of this subsection (5) support the claim of true ownership, nor does the person necessarily establish true ownership by showing the absence of fraudulent intent or badges of fraud.

(e)  No private sale or conveyance of a used motor vehicle shall be deemed to

make a party eligible to assert standing to contest the forfeiture thereof, unless the title to the motor vehicle, with transfer duly executed to the party, has been filed with the division of motor vehicles in the department of revenue prior to the physical seizure of the vehicle and the recording of a notice of seizure, or the party attempting to assert standing has exclusive possession of the vehicle at the time of seizure. A party eligible to assert standing under this paragraph (e) must nevertheless establish that the party is a true owner of the vehicle or has an interest therein pursuant to paragraph (c) of this subsection (5).

(f)  Unless the standing of a particular party is conceded in the complaint

initiating the public nuisance action, a party must assert standing in the answer and fully describe the party's interest in the property which is the subject matter of the action, and submit a verified statement, supported by any available documentation, of the party's ownership of or interest in the property.

(5.1) (a)  In any action to forfeit property pursuant to this part 3, the plaintiff,

in addition to any other matter which must be proven in the plaintiff's case in chief, shall prove by clear and convincing evidence that possession of the property is unlawful or that the owner of the property was a party to the creation of the public nuisance. The plaintiff shall also prove by clear and convincing evidence that the property was instrumental in the commission or facilitation of a crime creating a public nuisance or the property constitutes traceable proceeds of the crime or related criminal activity.

(a.5) (I)  The defendant in an action brought pursuant to this part 3 may

petition the court to determine whether a forfeiture was constitutionally excessive. Upon the conclusion of a trial resulting in a judgment of forfeiture in an action brought pursuant to this part 3, if the evidence presented raises an issue of proportionality under this paragraph (a.5), the defendant may petition the court to set a hearing, or the court may on its own motion set a hearing, to determine whether a forfeiture was constitutionally excessive. This determination shall be made prior to any sale or distribution of forfeited property.

(II)  In making this determination, the court shall compare the forfeiture to the

gravity of the public nuisance act giving rise to the forfeiture and related criminal activity.

(III)  The defendant shall have the burden of establishing by a preponderance

of the evidence that the forfeiture is grossly disproportional.

(IV)  If the court finds that the forfeiture is grossly disproportional to the

public nuisance act and related criminal activity, it shall reduce or eliminate the forfeiture as necessary to avoid a violation of the excessive fines clause of the eighth amendment of the United States constitution or article II, section 20, of the Colorado constitution.

(V) and (VI)  (Deleted by amendment, L. 2003, p. 889, � 1, effective July 1,

2003.)

(b)  As used in paragraph (a) of this subsection (5.1), an owner was a party to

the creation of the public nuisance if it is established that:

(I)  The owner was involved in the public nuisance act; or


(II) (A)  The owner knew of the public nuisance act or had notice of the acts

creating the public nuisance or prior similar conduct.

(B)  Notwithstanding the provisions of sub-subparagraph (A) of this

subparagraph (II), if the plaintiff proves by clear and convincing evidence the owner knew or had notice of the public nuisance, the owner must prove by a preponderance of the evidence that the owner took reasonable steps to prohibit or abate the unlawful use of the property for the court to find the owner was not a party to the creation of the public nuisance.

(5.2) (a)  With respect to a partial or whole ownership interest in existence at

the time the conduct constituting a public nuisance took place, innocent owner means any owner who:

(I)  Did not have actual knowledge of the conduct constituting a public

nuisance, or notice of an act or circumstance creating the public nuisance or prior similar conduct, notice being satisfied by, but not limited to, sending notice of an act or circumstance creating the public nuisance by certified mail; or

(II)  Upon learning of the conduct constituting a public nuisance, took

reasonable action to prohibit such use of the property. An owner may demonstrate that he or she took reasonable action to prohibit the conduct constituting a public nuisance if the owner:

(A)  Timely revoked or attempted to revoke permission for the persons

engaging in such conduct to use the property; or

(B)  Took reasonable action to discourage or prevent the use of the property

in conduct constituting a public nuisance.

(b)  With respect to a partial or whole ownership interest acquired after the

conduct constituting a public nuisance has occurred, innocent owner means a person who, at the time he or she acquired the interest in the property, had no knowledge or notice that the illegal conduct subjecting the property to seizure had occurred or that the property had been seized for forfeiture, and:

(I)  Acquired an interest in the property in a bona fide transaction for value; or


(II)  Acquired an interest in the property through probate or inheritance; or


(III)  Acquired an interest in the property through dissolution of marriage or

by operation of law.

(c)  An innocent owner's interest in property shall not be forfeited under any

provision of state law. An innocent owner has the burden of proving by a preponderance of the evidence that he or she has an ownership interest in the subject property. Otherwise, the burden of proof under this subsection (5.2) shall be as provided in subsection (5.1) of this section.

(d)  A person who is convicted of a criminal offense arising from the same

activity giving rise to the forfeiture proceedings in accordance with section 16-13-307 (1.5) shall not be eligible to assert an innocent owner defense.

(6)  Whenever clear and convincing evidence adduced in an action pursuant

to this part 3 shows a substantial connection between currency and the acts specified in subparagraph (I) of paragraph (c) of subsection (1) of this section, a rebuttable presumption shall arise that said currency is property subject to forfeiture. A substantial connection exists if:

(a)  Currency in the aggregate amount of one thousand dollars or more was

seized at or close to the time that evidence of the acts specified in subparagraph (I) of paragraph (c) of subsection (1) of this section was developed or recovered; and

(b) (I)  Said amount of currency was seized on the same premises or in the

same vehicle where evidence of said acts was developed or recovered; or

(II)  Said amount of currency was seized from the possession or control of a

person engaged in said acts; or

(III)  Traces of a controlled substance were discovered on the currency or an

animal trained in the olfactory detection of controlled substances indicated the presence of the odor of a controlled substance on the currency as testified to by an expert witness.

(6.5)  Notwithstanding any other provision of this part 3 to the contrary, the

plaintiff shall have the burden of proving, by clear and convincing evidence, only the facts that give rise to the presumption that currency is property subject to forfeiture pursuant to subsection (6) of this section. However, when a preponderance of credible evidence is adduced to rebut a presumption that has arisen pursuant to subsection (6) of this section, the burden of proof shall revert to the plaintiff to prove, by clear and convincing evidence, the elements of the plaintiff's case with respect to the currency.

(7)  Currency seized pursuant to this part 3 may be placed in an interest-bearing account during the proceedings pursuant to this part 3 if so ordered by the

court upon the motion of any party. Photocopies of portions of the bills shall serve as evidence at all hearings. The account and all interest accrued shall be forfeited or returned to the prevailing party in lieu of the currency.

(8)  The provisions of subsection (6) of this section shall not be construed so

as to limit the introduction of any other competent evidence offered to prove that seized currency is a public nuisance.

(9)  It is not a violation of this section if a person is acting in compliance with

section 18-18-434, article 170 of title 12, or article 50 of title 44.

Source: L. 72: R&RE, p. 260, � 1. C.R.S. 1963: � 39-13-303. L. 77: (1)(b), (1)(c),

(1)(d), and (2) amended and (1)(e) added, p. 889, � 1, effective July 1. L. 80: (1)(f) added, p. 472, � 2, effective July 1. L. 81: IP(1), (1)(a), (1)(b), (1)(d), (1)(e), (1)(f), and (2) amended and (1)(g) to (1)(i) and (3) added, pp. 954, 956, �� 2, 3, effective July 1; (1)(c) amended, p. 737, � 17, effective July 1. L. 83: IP(3) amended, p. 686, � 1, effective April 21; IP(1), (1)(c), and (2) amended, p. 683, � 2, effective July 1; (1)(c) amended, p. 704, � 2, effective July 1. L. 87: (1)(b), (1)(c), (1)(e), (1)(h), (2), and (3)(a) to (3)(c) amended and (1)(j), (1)(k), and (4) to (8) added, p. 631, �� 3, 4, effective July 1. L. 88: (1)(h.5) added, p. 1354, � 1, effective July 1; (1.5) added and (2) amended, p. 346, � 11, effective July 1; (1)(h.6) added, p. 1090, � 2, effective January 1, 1989. L. 89: (1)(h.5) repealed, p. 1645, � 18, effective June 5; (1)(l) added, p. 875, � 8, effective June 5. L. 91: (1)(m) added, p. 1581, � 5, effective June 4; (1)(h.6) amended, p. 1057, � 12, effective July 1. L. 92: (1)(m) amended, p. 2171, � 20, effective June 2; (1)(c)(I) and (1)(f) amended, p. 391, � 16, effective July 1; (5) amended and (5.1) and (5.2) added, p. 447, � 2, effective July 1. L. 94: (1)(k) amended, p. 2551, � 38, effective January 1, 1995. L. 95: (1)(m)(I) and (1)(m)(II) amended, p. 1110, � 62, effective May 31; (1)(c)(II) amended, p. 463, � 5, effective July 1. L. 99: (3)(d) added, p. 799, � 18, effective July 1. L. 2000: (1)(n) added, p. 1108, � 6, effective August 2. L. 2002: (5.1) and (5.2) amended, p. 917, � 2, effective July 1. L. 2003: (5), (5.1)(a), (5.1)(a.5), (5.1)(b)(II), (5.2)(a)(I), IP(5.2)(b), (5.2)(c), and IP(6) amended and (5.2)(d) and (6.5) added, pp. 898, 889, 902, 896, �� 10, 1, 12, 6, effective July 1. L. 2010: (1)(c)(II) amended, (HB 10-1352), ch. 259, p. 1172, � 14, effective August 11. L. 2012: (1)(a) amended, (HB 12-1151), ch. 174, p. 621, � 3, effective August 8. L. 2013: (1)(e)(I) and (1)(e)(II) amended, (HB 13-1160), ch. 373, p. 2200, � 8, effective June 5. L. 2014: (1)(a) amended, (HB 14-1273), ch. 282, p. 1153, � 12, effective July 1. L. 2018: (2) amended, (HB 18-1234), ch. 381, p. 2298, � 2, effective June 6; (3)(d) amended, (HB 18-1200), ch. 379, p. 2292, � 4, effective August 8; (1)(m) amended, (SB 18-034), ch. 14, p. 238, � 11, October 1. Initiated 2022: (9) added, Proposition 122, L. 2023, p. 3591, effective upon proclamation of the Governor, December 27, 2022. L. 2023: (9) amended, (SB 23-290), ch. 249, p. 1411, � 22, effective July 1.

Editor's note: (1)  Subsections (5.1)(b)(II)(A) and (5.1)(b)(II)(B) were numbered

as (5.1)(b)(II) and (5.1)(b)(III), respectively, in HB 02-1404 but were renumbered on revision in 2010 to conform to statutory format.

(2)  Subsection (9) was added by Proposition 122, effective upon

proclamation of the governor, December 27, 2022. The vote count for the measure at the general election held November 8, 2022, was as follows:

FOR:  1,296,992


AGAINST:  1,121,124

C.R.S. § 18-13-106

18-13-106. Unlawful to discard or abandon iceboxes or motor vehicles and similar items. Any person abandoning or discarding, in any public or private place accessible to children, any chest, closet, piece of furniture, refrigerator, icebox, motor vehicle, or other article, having a compartment of a capacity of one and one-half cubic feet or more and having a door or lid which when closed cannot be opened easily from the inside, or who, being the owner, lessee, or manager of such place, knowingly permits such abandoned or discarded article to remain in such condition commits a petty offense.

Source: L. 71: R&RE, p. 484, � 1. C.R.S. 1963: � 40-13-106. L. 2021: Entire

section amended, (SB 21-271), ch. 462, p. 3213, � 356, effective March 1, 2022.

C.R.S. § 18-13-114

18-13-114. Sale of secondhand property - record - inspection - false information - penalties - definitions. (1) Every secondhand dealer, as defined in subsection (5) of this section, shall make a record, as provided in subsection (2) of this section, of each sale or trade of secondhand property made by him, his agent, or any person acting on his behalf, which sale or trade equals or exceeds thirty dollars in value for each item. Such record shall be made available to any peace officer for inspection at any reasonable time. The secondhand dealer shall mail or deliver the record of the sale or trade to the local law enforcement agency within three days of the date of such sale or trade. The secondhand dealer shall keep a copy of the record of the sale or trade for at least one year after the date of the sale or trade.

(2)  The record required by this section shall be made in writing on forms

designed by the Colorado bureau of investigation or a reasonable facsimile thereof as provided in subsection (3) or (4) of this section and shall consist of the following:

(a)  The name, address, and date of birth of the seller or trader;


(b)  The date, time, and place of the sale or trade;


(c)  An accurate and detailed account and description of the item sold or

traded, including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such item;

(d)  The identification number from any of the following forms of

identification of the seller or trader:

(I)  A valid Colorado driver's license;


(II)  An identification card issued in accordance with section 42-2-302, C.R.S.;


(III)  A valid driver's license, containing a picture, issued by another state;


(IV)  A military identification card;


(V)  A valid passport;


(VI)  An alien registration card; or


(VII)  A nonpicture identification document issued by a state or federal

government entity;

(e)  The signature of the seller or trader;


(f)  A declaration by the secondhand dealer that he is the rightful owner of

the secondhand property and a description of how he obtained the property, including the serial number of such property if available or a copy of the bill of sale of such property; and

(g)  A declaration by the secondhand dealer that he has knowledge of the

requirement that he mail or deliver a record of the sale or trade to the local law enforcement agency, as required by subsection (1) of this section.

(3)  Any city, municipality, city and county, or county which regulates

secondhand dealers and assesses a fee as provided in section 18-13-118 shall print and provide the forms for reporting required pursuant to subsection (2) of this section.

(4)  In cities, municipalities, city and counties, and counties which do not

license secondhand dealers and assess a fee as provided in section 18-13-118, the secondhand dealer shall report all the information required pursuant to subsection (2) of this section in a form acceptable to the local law enforcement agency.

(5)  As used in this section and sections 18-13-115 to 18-13-118, unless the

context otherwise requires:

(a)  Local law enforcement agency means any marshal's office, police

department, or sheriff's office with jurisdiction in the locality in which the sale or trade occurs.

(b)  Peace officer means any undersheriff, deputy sheriff other than one

appointed with authority only to receive and serve summonses and civil process, police officer, Colorado state patrol officer, town marshal, or investigator for a district attorney or the attorney general who is engaged in full-time employment by the state, a city, city and county, town, judicial district, or county within this state.

(c)  Secondhand dealer means any person whose principal business is that

of engaging in selling or trading secondhand property. The term also includes the following: Any person whose principal business is not that of engaging in selling or trading secondhand property but who sells or trades secondhand property through means commonly known as flea markets or any similar facilities in which secondhand property is offered for sale or trade; any person who sells or trades secondhand property from a nonpermanent location; and any person who purchases for resale any secondhand property which carries a manufacturer or serial number. The term does not include:

(I)  A person selling or trading secondhand property so long as such property

was not originally purchased for resale and so long as such person does not sell or trade secondhand property more than five weekend periods in any one calendar year, as verified by a declaration to be prepared by the seller. For the purposes of this subparagraph (I), weekend period means Friday through the immediately following Monday.

(II)  A person who is a retailer as defined in section 39-26-102 (8), C.R.S., or a

wholesaler as defined in section 39-26-102 (18), C.R.S., and who is selling or trading secondhand property in a location which is a permanent storefront location, unless such property carries a manufacturer or serial number;

(III)  A person or organization selling or trading secondhand property at an

exhibition or show which is intended to display and advertise a particular commodity or class of products, including, but not limited to, antique exhibitions, firearm exhibitions, home and garden shows, and recreational vehicle shows;

(IV)  A person or organization which is charitable, nonprofit, recreational,

fraternal, or political in nature or which is exempt from taxation pursuant to section 501 (c)(3) of the federal Internal Revenue Code of 1986, as amended;

(V)  A person selling or trading firewood, Christmas trees, plants, food

products, agricultural products, fungible goods, pets, livestock, or arts and crafts, excluding jewelry and items crafted of gold or silver, if sold or traded by the artist or craftsman, his immediate family, or regular employees;

(VI)  A person who sells new goods exclusively, is in the business of selling

such goods, is in all respects a retailer of such goods, and holds a retail license and a sales tax license in the city, county, or city and county in which the sale occurs;

(VII)  An antique dealer who sells antiques, has a retail license and sales tax

license in the city, county, or city and county in which the sale occurs, and sells such antiques from a permanent storefront location.

(d)  Secondhand property means the following items of tangible personal

property sold or traded by a secondhand dealer:

(I)  Cameras, camera lenses, slide or movie projectors, projector screens,

flashguns, enlargers, tripods, binoculars, telescopes, and microscopes;

(II)  Televisions, phonographs, tape recorders, video recorders, radios, tuners,

speakers, turntables, amplifiers, record changers, citizens' band broadcasting units and receivers, and video games;

(III)  Skis, ski poles, ski boots, ski bindings, golf clubs, guns, jewelry, coins,

luggage, boots, and furs;

(IV)  Typewriters, adding machines, calculators, computers, portable air

conditioners, cash registers, copying machines, dictating machines, automatic telephone answering machines, and sewing machines;

(V)  Bicycles, bicycle frames, bicycle derailleur assemblies, bicycle hand

brake assemblies, and other bicycle components; and

(VI)  Any item of tangible personal property which is marked with a serial or

identification number and the selling price of which is thirty dollars or more, except motor vehicles, off-highway vehicles as defined in section 42-1-102 (63), C.R.S., snowmobiles, ranges, stoves, dishwashers, refrigerators, garbage disposals, boats, airplanes, clothes washers, clothes driers, freezers, mobile homes, and nonprecious scrap metal.

(6) (a)  Any secondhand dealer who violates subsection (1) or (2) of this

section commits a petty offense.

(b)  Any buyer or person who trades with a secondhand dealer or any

secondhand dealer who knowingly gives false information with respect to the information required by subsection (2) of this section commits a class 2 misdemeanor.

(7) (a)  Local law enforcement agencies who print and provide forms as

designed by the Colorado bureau of investigation for recording the information required by subsection (2) of this section may charge a reasonable fee for each form to defray the cost of providing such form.

(b)  Each local law enforcement agency may establish rules or policies

requiring that secondhand dealers provide it with copies of such records. The local law enforcement agency may set forth how often such copies shall be provided to it. Each local law enforcement agency shall forward copies of records received by it to the law enforcement agency having jurisdiction in the area in which the buyer or trader resides.

(8)  In the case of flea markets and similar facilities in which secondhand

property is offered for sale or trade, the operator thereof shall inform each secondhand dealer of the requirements of this section and shall provide the forms for recording the information required by subsection (2) of this section. Any person who violates the provisions of this subsection (8) commits a petty offense.

(9)  In the case of flea markets and similar facilities in which secondhand

property is offered for sale or trade, the operator thereof shall record the name and address of each secondhand dealer operating at the flea market or similar facility and the identification number of such dealer as obtained from any of the forms of identification enumerated in paragraph (d) of subsection (2) of this section. Such record shall be mailed or delivered by the operator to the local law enforcement agency within three days of the date the secondhand dealer offered secondhand property for sale or trade at the flea market or similar facility. A copy of such record shall be retained by the operator for at least one year after the date the secondhand dealer offered secondhand property for sale or trade at the flea market or similar facility.

Source: L. 83: Entire section added, p. 713, � 1, effective July 1. L. 89: IP(5)(c),

(5)(c)(II), and (5)(d)(VI) amended, p. 912, � 1, effective July 1. L. 94: (2)(d)(II) and (5)(d)(VI) amended, p. 2553, � 43, effective January 1, 1995. L. 2000: (5)(c)(IV) amended, p. 1848, � 37, effective August 2. L. 2021: (6) and (8) amended, (SB 21-271), ch. 462, p. 3215, � 364, effective March 1, 2022. L. 2023: (6)(a) amended, (HB 23-1293), ch. 298, p. 1793, � 51, effective October 1.

C.R.S. § 18-20-106

18-20-106. Cheating. (1) It is unlawful for any person, whether he is an owner or employee of, or a player in, an establishment, to cheat at any limited gaming activity.

(2)  For purposes of article 30 of title 44, cheating means to alter the

selection of criteria which determine:

(a)  The result of a game; or


(b)  The amount or frequency of payment in a game.


(3)  Any person issued a license pursuant to article 30 of title 44, violating

any provision of this section commits a class 6 felony, and any other person violating any provision of this section commits a class 2 misdemeanor. If the person is a repeating gambling offender, the person commits a class 5 felony.

Source: L. 91: Entire article added, p. 1585, � 11, effective June 4. L. 2018:

IP(2) and (3) amended, (SB 18-034), ch. 14, p. 242, � 19, effective October 1. L. 2021: (3) amended, (SB 21-271), ch. 462, p. 3219, � 381, effective March 1, 2022.

C.R.S. § 18-20-109

18-20-109. Use of counterfeit or unapproved chips or tokens or unlawful coins or devices - possession of certain unlawful devices, equipment, products, or materials. (1) It is unlawful for any licensee, employee, or other person to use counterfeit chips in any limited gaming activity.

(2)  It is unlawful for any person, in playing or using any limited gaming

activity designed to be played with, to receive, or to be operated by chips or tokens approved by the Colorado limited gaming control commission or by lawful coin of the United States of America:

(a)  Knowingly to use anything other than chips or tokens approved by the

Colorado limited gaming control commission or lawful coin, legal tender of the United States of America, or to use coin not of the same denomination as the coin intended to be used in that limited gaming activity; or

(b)  To use any device or means to violate the provisions of article 30 of title

44.

(3)  It is unlawful for any person to possess any device, equipment, or

material which he knows has been manufactured, distributed, sold, tampered with, or serviced in violation of the provisions of article 30 of title 44.

(4)  It is unlawful for any person, not a duly authorized employee of a licensee

acting in furtherance of his or her employment within an establishment, to have on his or her person or in his or her possession any device intended to be used to violate the provisions of article 30 of title 44.

(5)  It is unlawful for any person, not a duly authorized employee of a licensee

acting in furtherance of his or her employment within an establishment, to have on his or her person or in his or her possession while on the premises of any licensed gaming establishment any key or device known to have been designed for the purpose of and suitable for opening, entering, or affecting the operation of any limited gaming activity, drop box, or electronic or mechanical device connected thereto, or for removing money or other contents therefrom.

(6)  Possession of more than one of the devices, equipment, products, or

materials described in this section shall give rise to a rebuttable presumption that the possessor intended to use them for cheating.

(7)  It is unlawful for any person to use or possess while on the premises any

cheating or thieving device, including but not limited to, tools, drills, wires, coins, or tokens attached to strings or wires or electronic or magnetic devices, to facilitate the alignment of any winning combination or to facilitate removing from any slot machine any money or contents thereof, unless the person is a duly authorized gaming employee acting in the furtherance of his or her employment.

(8)  A person violating any provision of this section commits a class 6 felony.


Source: L. 91: Entire article added, p. 1587, � 11, effective June 4. L. 2001: (8)

amended, p. 605, � 3, effective July 1. L. 2018: (2)(b), (3), and (4) amended, (SB 18-034), ch. 14, p. 243, � 22, effective October 1. L. 2023: (8) amended, (HB 23-1293), ch. 298, p. 1795, � 57, effective October 1.

C.R.S. § 18-20-110

18-20-110. Cheating game and devices. (1) It is unlawful for any person playing any licensed game in licensed gaming premises to:

(a)  Knowingly conduct, carry on, operate, or deal or allow to be conducted,

carried on, operated, or dealt any cheating or thieving game or device; or

(b)  Knowingly deal, conduct, carry on, operate, or expose for play any game

or games played with cards or any mechanical device, or any combination of games or devices, which have in any manner been marked or tampered with or placed in a condition or operated in a manner the result of which tends to deceive the public or tends to alter the normal random selection of characteristics or the normal chance of the game which could determine or alter the result of the game.

(2)  Any person violating any provision of this section commits a class 6

felony; except that, if the person is a repeating gambling offender, the person commits a class 5 felony.

Source: L. 91: Entire article added, p. 1589, � 11, effective June 4. L. 2001: (2)

amended, p. 606, � 4, effective July 1.

C.R.S. § 18-20-111

18-20-111. Unlawful manufacture, sale, distribution, marking, altering, or modification of equipment and devices related to limited gaming - unlawful instruction. (1) It is unlawful to manufacture, sell, or distribute any cards, chips, dice, game, or device that is intended to be used to violate any provision of article 30 of title 44.

(2)  It is unlawful to mark, alter, or otherwise modify related equipment or a

limited gaming device in a manner that:

(a)  Affects the result of a wager by determining win or loss; or


(b)  Alters the normal criteria of random selection, which affects the

operation of a game or which determines the outcome of a game.

(3)  It is unlawful for any person to instruct another in cheating or in the use

of any device for that purpose, with the knowledge or intent that the information or use so conveyed may be employed to violate any provision of article 30 of title 44.

(4)  Any person issued a license pursuant to article 30 of title 44 violating any

provision of this section commits a class 6 felony, and any other person violating any provision of this section commits a class 2 misdemeanor.

Source: L. 91: Entire article added, p. 1589, � 11, effective June 4. L. 2013:

IP(2) amended, (SB 13-173), ch. 397, p. 2323, � 19, effective July 1. L. 2018: (1), (3), and (4) amended, (SB 18-034), ch. 14, p. 243, � 23, effective October 1. L. 2021: (4) amended, (SB 21-271), ch. 462, p. 3219, � 384, effective March 1, 2022. L. 2023: (4) amended, (HB 23-1293), ch. 298, p. 1795, � 58, effective October 1.

C.R.S. § 18-6-805

18-6-805. Repeal of sections. (Repealed)

Source: L. 95: Entire section added, p. 569, � 10, effective July 1. L. 96: (1)

amended, p. 1470, � 12, effective June 1. L. 98: Entire section amended, p. 771, � 1, effective May 22. L. 99: (1) amended, p. 623, � 20, effective August 4. L. 2000: Entire section repealed, p. 914, � 5, effective July 1.

ARTICLE 6.5

Wrongs to At-risk Adults

18-6.5-101.  Legislative declaration. The general assembly recognizes that

fear of mistreatment is one of the major personal concerns of at-risk persons and that at-risk persons are more vulnerable to and disproportionately damaged by crime in general but, more specifically, by abuse, exploitation, and neglect because they are less able to protect themselves against offenders, a number of whom are in positions of trust, and because they are more likely to receive serious injury from crimes committed against them and not to fully recover from such injury. At-risk persons are more impacted by crime than the general population because they tend to suffer great relative deprivation, financially, physically, and psychologically, as a result of the abuses against them. A significant number of at-risk persons are not as physically, intellectually, or emotionally equipped to protect themselves or aid in their own security as non-at-risk persons in society. They are far more susceptible than the general population to the adverse long-term effects of crimes committed against them, including abuse, exploitation, and neglect. The general assembly therefore finds that penalties for specified crimes committed against at-risk persons should be more severe than the penalties for the commission of the same crimes against other members of society.

Source: L. 91: Entire article added, p. 1778, � 2, effective July 1. L. 93: Entire

section amended, p. 1733, � 22, effective July 1. L. 2016: Entire section amended, (HB 16-1394), ch. 172, p. 545, � 1, effective July 1.

18-6.5-102.  Definitions. As used in this article 6.5, unless the context

otherwise requires:

(1)  Abuse means any of the following acts or omissions committed against

an at-risk person:

(a)  The nonaccidental infliction of bodily injury, serious bodily injury, or

death;

(b)  Confinement or restraint that is unreasonable under generally accepted

caretaking standards; or

(c)  Subjection to sexual conduct or contact classified as a crime under this

title.

(2)  At-risk adult means any person who is seventy years of age or older or

any person who is eighteen years of age or older and is a person with a disability as said term is defined in subsection (11) of this section.

(2.5)  At-risk adult with IDD means a person who is eighteen years of age or

older and is a person with an intellectual and developmental disability, as defined in section 25.5-10-202 (26)(a), C.R.S.

(3)  At-risk elder means any person who is seventy years of age or older.


(4)  At-risk juvenile means any person who is under the age of eighteen

years and is a person with a disability as said term is defined in subsection (11) of this section.

(4.5)  At-risk person means an at-risk adult, an at-risk adult with IDD, an at-risk elder, or an at-risk juvenile.


(5)  Caretaker means a person who:


(a)  Is responsible for the care of an at-risk person as a result of a family or

legal relationship;

(b)  Has assumed responsibility for the care of an at-risk person; or


(c)  Is paid to provide care or services to an at-risk person.


(6) (a)  Caretaker neglect means neglect that occurs when adequate food,

clothing, shelter, psychological care, physical care, medical care, habilitation, supervision, or any other treatment necessary for the health or safety of an at-risk person is not secured for an at-risk person or is not provided by a caretaker in a timely manner and with the degree of care that a reasonable person in the same situation would exercise, or a caretaker knowingly uses harassment, undue influence, or intimidation to create a hostile or fearful environment for an at-risk person.

(b)  Notwithstanding the provisions of paragraph (a) of this subsection (6), the

withholding, withdrawing, or refusing of any medication, any medical procedure or device, or any treatment, including but not limited to resuscitation, cardiac pacing, mechanical ventilation, dialysis, and artificial nutrition and hydration, in accordance with any valid medical directive or order or as described in a palliative plan of care, is not deemed caretaker neglect.

(c)  As used in this subsection (6), medical directive or order includes a

medical durable power of attorney, a declaration as to medical treatment executed pursuant to section 15-18-104, C.R.S., a medical order for scope of treatment form executed pursuant to article 18.7 of title 15, C.R.S., and a CPR directive executed pursuant to article 18.6 of title 15, C.R.S.

(7)  Clergy member means a priest; rabbi; duly ordained, commissioned, or

licensed minister of a church; member of a religious order; or recognized leader of any religious body.

(8)  Convicted and conviction mean a plea of guilty accepted by the court,

including a plea of guilty entered pursuant to a deferred sentence under section 18-1.3-102, a verdict of guilty by a judge or jury, or a plea of no contest accepted by the court.

(9)  Crime against an at-risk person means any offense listed in section 18-6.5-103 or criminal attempt, conspiracy, or solicitation to commit any of those

offenses.

(10)  Exploitation means an act or omission committed by a person who:


(a)  Uses deception, harassment, intimidation, or undue influence to

permanently or temporarily deprive an at-risk person of the use, benefit, or possession of any thing of value;

(b)  Employs the services of a third party for the profit or advantage of the

person or another person to the detriment of the at-risk person;

(c)  Forces, compels, coerces, or entices an at-risk person to perform services

for the profit or advantage of the person or another person against the will of the at-risk person; or

(d)  Misuses the property of an at-risk person in a manner that adversely

affects the at-risk person's ability to receive health care or health-care benefits or to pay bills for basic needs or obligations.

(10.5)  Mistreated or mistreatment means:


(a)  Abuse;


(b)  Caretaker neglect; or


(c)  Exploitation.


(11)  Person with a disability means any person who:


(a)  Is impaired because of the loss of or permanent loss of use of a hand or

foot or because of blindness or the permanent impairment of vision of both eyes to such a degree as to constitute virtual blindness;

(b)  Is unable to walk, see, hear, or speak;


(c)  Is unable to breathe without mechanical assistance;


(d)  Is a person with an intellectual and developmental disability as defined in

section 25.5-10-202, C.R.S.;

(e)  Has a mental health disorder, as defined in section 27-65-102;


(f)  Is mentally impaired as the term is defined in section 24-34-501 (1.3)(b)(II),

C.R.S.;

(g)  Is blind as that term is defined in section 26-2-103 (3), C.R.S.; or


(h)  Is receiving care and treatment for a developmental disability under

article 10.5 of title 27, C.R.S.

(12)  Position of trust means assuming a responsibility, duty, or fiduciary

relationship toward an at-risk adult or at-risk juvenile.

(13)  Undue influence means the use of influence to take advantage of an

at-risk person's vulnerable state of mind, neediness, pain, or emotional distress.

(14)  Unlawful abandonment means the intentional and unreasonable

desertion of an at-risk person in a manner that endangers the safety of that person.

Source: L. 91: Entire article added, p. 1778, � 2, effective July 1. L. 92: (3)(d)

amended, p. 1397, � 54, effective July 1. L. 93: (1.5) added and (3)(a) and (3)(f) amended, pp. 1733, 1637, �� 23, 21, effective July 1. L. 2006: (3)(e) amended, p. 1388, � 17, effective August 7. L. 2007: (3.5) added, p. 2006, � 1, effective July 1. L. 2010: (3)(e) amended, (SB 10-175), ch. 188, p. 786, � 31, effective April 29. L. 2012: (1.7) and (1.8) added, (HB 12-1226), ch. 279, p. 1486, � 1, effective August 15. L. 2013: Entire section amended, (SB 13-111), ch. 233, p. 1119, � 3, effective May 16; (3)(d) amended, (HB 13-1314), ch. 323, p. 1804, � 30, effective March 1, 2014. L. 2014: (1), (10)(a), and (13) amended, (SB 14-098), ch. 103, p. 386, � 1, effective April 7. L. 2015: (2.5) added, (SB 15-109), ch. 278, p. 1140, � 2, effective June 5; (11)(f) amended, (SB 15-264), ch. 259, p. 952, � 40, effective August 5. L. 2016: (1), (2.5), (5), (6), (9), (10), and (13) amended and (4.5) and (10.5) added, (HB 16-1394), ch. 172, p. 545, � 2, effective July 1. L. 2017: IP and (11)(e) amended, (SB 17-242), ch. 263, p. 1307, � 142, effective May 25. L. 2019: (14) added, (SB 19-172), ch. 365, p. 3359, � 2, effective July 1. L. 2022: (11)(e) amended, (HB 22-1256), ch. 451, p. 3229, � 27, effective August 10.

Editor's note: Amendments to subsection (3)(d) by House Bill 13-1314 and

Senate Bill 13-111 were harmonized, and subsection (3)(d) was relocated to subsection (11)(d).

Cross references: For the legislative declaration in the 2013 act amending

this section, see section 1 of chapter 233, Session Laws of Colorado 2013. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in SB 19-172, see section 1 of chapter 365, Session Laws of Colorado 2019.

18-6.5-103.  Crimes against at-risk persons - classifications. (1)  Crimes

against at-risk persons are as prescribed in this section.

(2)  Any person whose conduct amounts to criminal negligence, as defined in

section 18-1-501 (3), commits:

(a)  A class 4 felony if such negligence results in the death of an at-risk

person;

(b)  A class 5 felony if such negligence results in serious bodily injury to an

at-risk person; and

(c)  A class 6 felony if such negligence results in bodily injury to an at-risk

person.

(3) (a)  Any person who commits a crime of assault in the first degree, as such

crime is described in section 18-3-202, and the victim is an at-risk person, commits a class 4 felony if the circumstances described in section 18-3-202 (2)(a) are present and a class 2 felony if such circumstances are not present.

(b)  Any person who commits a crime of assault in the second degree, as such

crime is described in section 18-3-203, and the victim is an at-risk person, commits a class 5 felony if the circumstances described in section 18-3-203 (2)(a) are present and a class 3 felony if such circumstances are not present.

(c)  Any person who commits a crime of assault in the third degree, as such

crime is described in section 18-3-204, and the victim is an at-risk person, commits a class 6 felony.

(4)  Any person who commits robbery, as such crime is described in section

18-4-301 (1), and the victim is an at-risk person, commits a class 3 felony. If the offender is convicted of robbery of an at-risk person, the court shall sentence the defendant to the department of corrections for at least the presumptive sentence under section 18-1.3-401 (1).

(5)  Any person who commits theft, and commits any element or portion of

the offense in the presence of the victim, as such crime is described in section 18-4-401 (1), and the victim is an at-risk person, or who commits theft against an at-risk person while acting in a position of trust, whether or not in the presence of the victim, or who commits theft against an at-risk person knowing the victim is an at-risk person, whether in the presence of the victim or not, commits a class 5 felony if the value of the thing involved is less than five hundred dollars or a class 3 felony if the value of the thing involved is five hundred dollars or more. Theft from the person of an at-risk person by means other than the use of force, threat, or intimidation is a class 4 felony without regard to the value of the thing taken.

(5.5)  (Deleted by amendment, L. 2016.)


(6) (a)  Any person who knowingly commits caretaker neglect against an at-risk person or knowingly acts in a manner likely to be injurious to the physical or

mental welfare of an at-risk person commits a class 1 misdemeanor.

(b)  A person who unlawfully abandons an at-risk person commits a class 1

misdemeanor.

(7) (a)  Any person who commits a crime of sexual assault, as such crime is

described in section 18-3-402, sexual assault in the first degree, as such crime was described in section 18-3-402, as it existed prior to July 1, 2000, and the victim is an at-risk person, commits a class 2 felony.

(b)  Any person who commits a crime of sexual assault in the second degree,

as such crime was described in section 18-3-403, as it existed prior to July 1, 2000, and the victim is an at-risk person, commits a class 3 felony.

(c)  Any person who commits unlawful sexual contact, as such crime is

described in section 18-3-404, or sexual assault in the third degree, as such crime was described in section 18-3-404, as it existed prior to July 1, 2000, and the victim is an at-risk person, commits a class 6 felony; except that the person commits a class 3 felony if the person compels the victim to submit by use of such force, intimidation, or threat as specified in section 18-3-402 (4)(a), (4)(b), or (4)(c), or if the actor engages in the conduct described in section 18-3-404 (1)(g) or (1.5).

(d)  Any person who commits sexual assault on a child, as such crime is

described in section 18-3-405, and the victim is an at-risk juvenile, commits a class 3 felony; except that, if the circumstances described in section 18-3-405 (2)(a), (2)(b), (2)(c), or (2)(d) are present, the person commits a class 2 felony.

(e)  Any person who commits sexual assault on a child by one in a position of

trust, as such crime is described in section 18-3-405.3, and the victim is an at-risk juvenile, commits a class 2 felony if the victim is less than fifteen years of age or a class 3 felony if the victim is fifteen years of age or older but less than eighteen years of age.

(f)  Any person who commits sexual assault on a client by a psychotherapist,

as such crime is described in section 18-3-405.5, and the victim is an at-risk person, commits a class 3 felony if the circumstances described in section 18-3-405.5 (1) exist or a class 6 felony if such circumstances are not present.

(7.5) (a)  A person commits criminal exploitation of an at-risk person when he

or she knowingly uses deception, harassment, intimidation, or undue influence to permanently or temporarily deprive an at-risk person of the use, benefit, or possession of any thing of value.

(b)  Criminal exploitation of an at-risk person is a class 3 felony if the thing of

value is five hundred dollars or greater. Criminal exploitation of an at-risk person is a class 5 felony if the thing of value is less than five hundred dollars.

(8)  (Deleted by amendment, L. 2016.)


(9) (a)  A person commits false imprisonment of an at-risk person if without

proper legal authority:

(I) (A)  The person knowingly confines or detains an at-risk person in a locked

or barricaded room or other space; and

(B)  Such confinement or detention was part of a continued pattern of cruel

punishment or unreasonable isolation or confinement of the at-risk person; or

(II)  The person knowingly and unreasonably confines or detains an at-risk

person by tying, caging, chaining, or otherwise using similar physical restraints to restrict the at-risk person's freedom of movement; or

(III)  The person knowingly and unreasonably confines or detains an at-risk

person by means of force, threats, or intimidation designed to restrict the at-risk person's freedom of movement.

(b)  It is an affirmative defense for any person with responsibility for the care

or supervision of an at-risk person whose conduct would otherwise constitute an offense pursuant to subsection (9)(a)(II) of this section that the conduct with respect to the at-risk person is reasonable and appropriate under the circumstances and is also reasonably necessary to promote the safety and welfare of the at-risk person.

(c) (I)  False imprisonment of an at-risk person pursuant to subsection (9)(a)(I)

or (9)(a)(II) of this section is a class 6 felony.

(II)  False imprisonment of an at-risk person pursuant to subsection (9)(a)(III)

of this section is a class 1 misdemeanor.

Source: L. 91: Entire article added, p. 1779, � 2, effective July 1. L. 93: Entire

section amended, p. 1733, � 24, effective July 1. L. 95: (3) amended, p. 1254, � 14, effective July 1. L. 97: (7) added, p. 1539, � 2, effective July 1. L. 98: (5) amended and (8) added, pp. 1440, 1441, �� 19, 24, effective July 1. L. 99: (6) amended, p. 799, � 20, effective July 1. L. 2000: (7)(a), (7)(b), and (7)(c) amended, p. 706, � 32, effective July 1. L. 2002: (4) amended, p. 1516, � 201, effective October 1. L. 2003: (4) amended, p. 1428, � 10, effective April 29. L. 2007: (5) amended, p. 2006, � 2, effective July 1. L. 2013: (5.5) and (7.5) added and (6) and (8) amended, (SB 13-111), ch. 233, p. 1122, � 4, effective May 16. L. 2014: (7.5) R&RE, (SB 14-098), ch. 103, p. 387, � 2, effective April 7. L. 2016: Entire section amended, (HB 16-1394), ch. 172, p. 547, � 3, effective July 1. L. 2019: (6) amended and (9) added, (SB 19-172), ch. 365, p. 3359, � 3, effective July 1.

Cross references: For the legislative declaration contained in the 2002 act

amending subsection (4), see section 1 of chapter 318, Session Laws of Colorado 2002. For the legislative declaration in the 2013 act adding subsections (5.5) and (7.5) and amending subsections (6) and (8), see section 1 of chapter 233, Session Laws of Colorado 2013. For the legislative declaration in SB 19-172, see section 1 of chapter 365, Session Laws of Colorado 2019.

18-6.5-103.5.  Video tape depositions - at-risk adult victims and witnesses.

(1) In any case in which a defendant is charged with a crime against an at-risk adult or at-risk elder, or in any case involving a victim or witness who is an at-risk adult or at-risk elder, the prosecution may file a motion with the court at any time prior to commencement of the trial for an order that a deposition be taken of the testimony of the victim or witness and that the deposition be recorded and preserved on a video imaging format.

(2)  The prosecution shall file a motion requesting a recorded deposition at

least fourteen days prior to the taking of the deposition. The defendant shall receive reasonable notice of the taking of the deposition. The defendant shall have the right to be present and to be represented by counsel at the deposition; except that for good cause shown, the court may permit the filing of a motion requesting a recorded deposition less than fourteen days prior to taking the deposition.

(3) (a) (I)  Upon receipt of the motion, the court shall schedule the deposition

to take place within fourteen days without further findings, except for good cause shown by the prosecution if the motion asks for the deposition to be taken in less than fourteen days, if the victim is an at-risk elder.

(II)  Except for depositions of at-risk elder victims as described in

subparagraph (I) of this paragraph (a), upon the filing of the motion by the prosecution stating reasons the victim or witness may be unavailable at trial, the court may order a deposition for an at-risk adult victim or witness or at-risk elder witness. Filing the motion creates a rebuttable presumption that a deposition should be taken to prevent injustice. The court may deny the motion for deposition upon a finding that granting the motion will not prevent injustice. The prosecution may file a new request for a deposition if circumstances change prior to trial.

(III)  Both the prosecution and the defendant shall provide all available

discovery no later than five days before the scheduled deposition. If the discovery has not been provided as set forth in this subparagraph (III), either party may file a motion with the court to reschedule the deposition in order to obtain the necessary discovery to adequately prepare for the deposition.

(b)  The deposition must be taken, preserved on a video imaging format, and

conducted pursuant to rule 15 (d) of the Colorado rules of criminal procedure; except that after consultation with the chief judge of the judicial district, the trial court may appoint an active or senior district or county court judge to serve in its place and preside over all aspects of the taking of the deposition. After the deposition is taken, the prosecution shall transmit the recording to the clerk of the court in which the action is pending.

(4)  If at the time of trial the court finds that the victim or witness is medically

unavailable or otherwise unavailable within the meaning of rule 804 (a) of the Colorado rules of evidence, the court may admit the recording of the victim's or witness' deposition as former testimony under rule 804 (b)(1) of the Colorado rules of evidence.

Source: L. 2000: Entire section added, p. 416, � 1, effective April 13. L. 2004:

(3) amended, p. 422, � 1, effective August 4. L. 2013: (1) amended, (SB 13-111), ch. 233, p. 1127, � 12, effective May 16. L. 2016: Entire section amended, (HB 16-1027), ch. 179, p. 615, � 1, effective July 1.

Cross references: For the legislative declaration in the 2013 act amending

subsection (1), see section 1 of chapter 233, Session Laws of Colorado 2013.

18-6.5-104.  Statutory privilege not allowed. The statutory privileges

provided in section 13-90-107 (1), C.R.S., are not available for excluding or refusing testimony in any prosecution for a crime committed against an at-risk person pursuant to this article.

Source: L. 91: Entire article added, p. 1780, � 2, effective July 1. L. 93: Entire

section amended, p. 1734, � 25, effective July 1. L. 2016: Entire section amended, (HB 16-1394), ch. 172, p. 550, � 4, effective July 1.

18-6.5-105.  Preferential trial dates of cases involving crimes against at-risk persons. Consistent with the constitutional right to a speedy trial, all cases

involving the commission of a crime against an at-risk person must take precedence before the court, and the court shall hear these cases as soon as possible after they are filed.

Source: L. 91: Entire article added, p. 1780, � 2, effective July 1. L. 93: Entire

section amended, p. 1735, � 26, effective July 1. L. 2016: Entire section amended, (HB 16-1394), ch. 172, p. 550, � 5, effective July 1.

18-6.5-106.  Payment of treatment costs for victims of crimes against at-risk persons - restitution. (1)  In addition to any other penalty provided by law, the

court may order any person who is convicted of a crime against an at-risk person, as set forth in this article, to meet all or any portion of the financial obligations of treatment prescribed for the victim or victims of such person's offense.

(2)  At the time of sentencing, the court may order that an offender described

in subsection (1) of this section be put on a period of probation for the purpose of paying the treatment costs of the victim or victims, which, when added to any time served, does not exceed the maximum sentence imposable for the offense.

(3)  If an at-risk person has sustained monetary damages as a result of the

commission of a crime described in this article against such person, the court shall order the offender to provide restitution pursuant to article 18.5 of title 16 and article 28 of title 17, C.R.S. If, after a reasonable period not to exceed one hundred eighty-two days, the offender has not, in the opinion of the court, completed adequate restitution, the offender's probation may be revoked. However, any remaining amount of restitution continues to have the full force and effect of a final judgment and remain enforceable pursuant to article 18.5 of title 16, C.R.S.

Source: L. 91: Entire article added, p. 1780, � 2, effective July 1. L. 93: Entire

section amended, p. 1735, � 27, effective July 1. L. 2000: (3) amended, p. 1050, � 18, effective September 1. L. 2012: (3) amended, (SB 12-175), ch. 208, p. 873, � 129, effective July 1. L. 2016: (1) and (3) amended, (HB 16-1394), ch. 172, p. 550, � 6, effective July 1.

18-6.5-107.  Surcharge - collection and distribution of funds - crimes

against at-risk persons surcharge fund - creation - report. (1) Each person who is convicted of a crime against an at-risk person or who is convicted of identity theft pursuant to section 18-5-902, when the victim is an at-risk person, shall be required to pay a surcharge to the clerk of the court for the judicial district in which the conviction occurs.

(2)  Surcharges pursuant to subsection (1) of this section shall be in the

following amounts:

(a)  For each class 2 felony of which a person is convicted, one thousand five

hundred dollars;

(b)  For each class 3 felony of which a person is convicted, one thousand

dollars;

(c)  For each class 4 felony of which a person is convicted, five hundred

dollars;

(d)  For each class 5 felony of which a person is convicted, three hundred

seventy-five dollars;

(e)  For each class 6 felony of which a person is convicted, two hundred fifty

dollars;

(f)  For each class 1 misdemeanor of which a person is convicted, two hundred

dollars;

(g)  For each class 2 misdemeanor of which a person is convicted, one

hundred fifty dollars; and

(h)  For each class 3 misdemeanor of which a person is convicted, seventy-five dollars.


(3)  The clerk of the court shall allocate the surcharge required pursuant to

this section as follows:

(a)  Five percent shall be retained by the clerk of the court for administrative

costs incurred pursuant to this subsection (3). Such amount retained shall be transmitted to the state treasurer for deposit in the judicial stabilization cash fund created in section 13-32-101 (6), C.R.S.

(b)  Ninety-five percent shall be transferred to the state treasurer, who shall

credit the same to the crimes against at-risk persons surcharge fund created pursuant to subsection (4) of this section.

(4) (a)  There is created in the state treasury the crimes against at-risk

persons surcharge fund, referred to in this section as the fund, that consists of money received by the state treasurer pursuant to this section. The money in the fund is subject to annual appropriation by the general assembly to the state office on aging in the department of human services, created pursuant to section 26-11-202, C.R.S., for distribution to a fiscal agent that is an affiliate of a national organization that serves individuals affected by a disability and chronic condition across the life span and is working with the state of Colorado to implement the lifespan respite care program, referred to in this section as the fiscal agent. Provided that programs selected to receive money from the fund meet the guidelines for distribution pursuant to paragraph (b) of this subsection (4), the fiscal agent shall award money to programs selected by a statewide coalition of nonprofit or not-for-profit organizations that focus on the needs of caregivers of at-risk persons.

(b)  The state office on aging in the department of human services shall

establish guidelines for the distribution of the moneys from the fund, including but not limited to:

(I)  Procedures for programs to use in applying for an award of moneys from

the fund;

(II)  Procedures for the fiscal agent to use in reporting to the state office on

aging pursuant to paragraph (e) of this subsection (4); and

(III)  Accountability and performance standards for programs that receive

moneys from the fund.

(c)  Notwithstanding any provisions of paragraph (a) of this subsection (4) to

the contrary, the fiscal agent may use a portion of the money that it receives pursuant to paragraph (a) of this subsection (4) for training and to facilitate the coordination of programs that provide respite services for caregivers of at-risk persons. The fiscal agent shall distribute the remainder of the money directly to the programs.

(d)  Each program that receives moneys from the fund shall:


(I)  Provide respite services that allow a caregiver to have a break from

caregiving;

(II)  Have a signed agreement and protocol with the fiscal agent;


(III)  Conduct a fingerprint-based criminal history record check of staff and

providers; and

(IV)  Satisfy the accountability and performance standards established by the

state office on aging pursuant to subparagraph (III) of paragraph (b) of this subsection (4).

(e)  The fiscal agent shall report to the state office on aging in the

department of human services on a regular basis to be specified by the state office on aging. The report shall include, but need not be limited to:

(I)  A list of all programs that received moneys from the fund in the preceding

fiscal year;

(II)  A description of how each program that received moneys from the fund in

the preceding fiscal year used those moneys; and

(III)  Documentation demonstrating that each program that received moneys

from the fund in the preceding fiscal year satisfied all of the criteria specified in paragraph (d) of this subsection (4).

(f)  The state office on aging shall not expend any moneys until the fund has

enough money to pay the expenses necessary to administer the fund.

(g)  All interest derived from the deposit and investment of moneys in the

fund shall be credited to the fund. Any moneys not appropriated by the general assembly shall remain in the fund and shall not be transferred or revert to the general fund of the state at the end of any fiscal year.

(5)  The court may waive all or any portion of the surcharge required by

subsection (1) of this section if the court finds that a person convicted of a crime against an at-risk person is indigent or financially unable to pay all or any portion of the surcharge. The court may waive only that portion of the surcharge that the court finds that the person convicted of a crime against an at-risk person is financially unable to pay.

Source: L. 2012: Entire section added, (HB 12-1226), ch. 279, p. 1486, � 2,

effective August 15. L. 2016: (1), (4)(a), (4)(c), and (5) amended, (HB 16-1394), ch. 172, p. 550, � 7, effective July 1.

18-6.5-108.  Mandatory reports of mistreatment of at-risk elders and at-risk adults with IDD - list of reporters - penalties. (1) (a)  On and after July 1, 2016, a

person specified in paragraph (b) of this subsection (1) who observes the mistreatment of an at-risk elder or an at-risk adult with IDD, or who has reasonable cause to believe that an at-risk elder or an at-risk adult with IDD has been mistreated or is at imminent risk of mistreatment, shall report such fact to a law enforcement agency not more than twenty-four hours after making the observation or discovery.

(b)  The following persons, whether paid or unpaid, shall report as required by

subsection (1)(a) of this section:

(I)  Any person providing health care or health-care-related services,

including general medical, surgical, or nursing services; medical, surgical, or nursing speciality services; dental services; vision services; pharmacy services; chiropractic services; naturopathic medicine services; or physical, occupational, musical, or other therapies;

(II)  Hospital and long-term care facility personnel engaged in the admission,

care, or treatment of patients;

(III)  First responders including emergency medical service providers, fire

protection personnel, law enforcement officers, and persons employed by, contracting with, or volunteering with any law enforcement agency, including victim advocates;

(IV)  Medical examiners and coroners;


(V)  Code enforcement officers;


(VI)  Veterinarians;


(VII)  Psychologists, addiction counselors, professional counselors, marriage

and family therapists, and unlicensed psychotherapists, as those persons are defined in article 245 of title 12;

(VIII)  Social workers, as defined in part 4 of article 245 of title 12;


(IX)  Staff of case management agencies, as defined in section 25.5-6-1702

(2);

(X)  Staff, consultants, or independent contractors of service agencies as

defined in section 25.5-10-202 (34), C.R.S.;

(XI)  Staff or consultants for a licensed or unlicensed, certified or uncertified,

care facility, agency, home, or governing board, including but not limited to long-term care facilities, home care agencies, or home health providers;

(XII)  Staff of, or consultants for, a home care placement agency, as defined

in section 25-27.5-102 (5), C.R.S.;

(XIII)  Persons performing case management or assistant services for at-risk

elders or at-risk adults with IDD;

(XIV)  Staff of county departments of human or social services;


(XV)  Staff of the state departments of human services, public health and

environment, or health care policy and financing;

(XVI)  Staff of senior congregate centers or senior research or outreach

organizations;

(XVII)  Staff, and staff of contracted providers, of area agencies on aging,

except attorneys at law providing legal assistance to individuals pursuant to a contract with an area agency on aging, the staff of such attorneys at law, and the long-term care ombudsmen;

(XVIII)  Employees, contractors, and volunteers operating specialized

transportation services for at-risk elders and at-risk adults with IDD;

(XIX)  Court-appointed guardians and conservators;


(XX)  Personnel at schools serving persons in preschool through twelfth

grade;

(XXI)  Clergy members; except that the reporting requirement described in

paragraph (a) of this subsection (1) does not apply to a person who acquires reasonable cause to believe that an at-risk elder or an at-risk adult with IDD has been mistreated or has been exploited or is at imminent risk of mistreatment or exploitation during a communication about which the person may not be examined as a witness pursuant to section 13-90-107 (1)(c), C.R.S., unless the person also acquires such reasonable cause from a source other than such a communication; and

(XXII) (A)  Personnel of banks, savings and loan associations, credit unions,

and other lending or financial institutions who directly observe in person the mistreatment of an at-risk elder or who have reasonable cause to believe that an at-risk elder has been mistreated or is at imminent risk of mistreatment; and

(B)  Personnel of banks, savings and loan associations, credit unions, and

other lending or financial institutions who directly observe in person the mistreatment of an at-risk adult with IDD or who have reasonable cause to believe that an at-risk adult with IDD has been mistreated or is at imminent risk of mistreatment by reason of actual knowledge of facts or circumstances indicating the mistreatment.

(c)  A person who willfully violates subsection (1)(a) of this section commits a

class 2 misdemeanor and shall be punished in accordance with section 18-1.3-501.

(d)  Notwithstanding the provisions of paragraph (a) of this subsection (1), a

person described in paragraph (b) of this subsection (1) is not required to report the mistreatment of an at-risk elder or an at-risk adult with IDD if the person knows that another person has already reported to a law enforcement agency the same mistreatment that would have been the basis of the person's own report.

(2) (a)  A law enforcement agency that receives a report of mistreatment of

an at-risk elder or an at-risk adult with IDD shall acquire, to the extent possible, the following information from the person making the report:

(I)  The name, age, address, and contact information of the at-risk elder or at-risk adult with IDD;


(II)  The name, age, address, and contact information of the person making

the report;

(III)  The name, age, address, and contact information of the caretaker of the

at-risk elder or at-risk adult with IDD, if any;

(IV)  The name of the alleged perpetrator;


(V)  The nature and extent of any injury, whether physical or financial, to the

at-risk elder or at-risk adult with IDD;

(VI)  The nature and extent of the condition that required the report to be

made; and

(VII)  Any other pertinent information.


(b)  Not more than twenty-four hours after receiving a report of mistreatment

of an at-risk elder or an at-risk adult with IDD, a law enforcement agency shall provide the report to the county department for the county in which the at-risk elder or at-risk adult with IDD resides and the district attorney's office of the location where the mistreatment occurred.

(c)  The law enforcement agency shall complete a criminal investigation

when appropriate. The law enforcement agency shall provide a summary report of the investigation to the county department for the county in which the at-risk elder or at-risk adult with IDD resides and to the district attorney's office of the location where the mistreatment occurred.

(3)  A person, including but not limited to a person specified in paragraph (b)

of subsection (1) of this section, who reports mistreatment of an at-risk elder or an at-risk adult with IDD to a law enforcement agency pursuant to subsection (1) of this section is immune from suit and liability for damages in any civil action or criminal prosecution if the report was made in good faith; except that such a person is not immune if he or she is the alleged perpetrator of the mistreatment.

(4)  A person, including but not limited to a person specified in subsection

(1)(b) of this section, who knowingly makes a false report of mistreatment of an at-risk elder or an at-risk adult with IDD to a law enforcement agency commits a class 2 misdemeanor and must be punished as provided in section 18-1.3-501 and is liable for damages proximately caused thereby.

(5)  The reporting duty described in subsection (1) of this section does not

create a civil duty of care or establish a civil standard of care that is owed to an at-risk elder or an at-risk adult with IDD by a person specified in paragraph (b) of subsection (1) of this section.

Source: L. 2013: Entire section added, (SB 13-111), ch. 233, p. 1117, � 2,

effective May 16. L. 2015: (1)(a), (1)(b)(IX), (1)(b)(XVI), (1)(d), and (2) to (5) amended, (SB 15-109), ch. 278, p. 1140, � 3, effective July 1, 2016. L. 2016: (1)(a), (1)(b)(IX), (1)(b)(XVI), (1)(d), and (2) to (5) amended, (HB 16-1394), ch. 172, p. 551, � 8, effective July 1. L. 2017: IP(1)(b) and (1)(b)(I) amended, (SB 17-106), ch. 302, p. 1649, � 7, effective August 9. L. 2018: (1)(b)(XVII) amended, (HB 18-1405), ch. 392, p. 2345, � 1, effective September 1. L. 2019: (1)(b)(VII) and (1)(b)(VIII) amended, (HB 19-1172), ch. 136, p. 1676, � 97, effective October 1. L. 2020: (1)(b)(VII) amended, (HB 20-1206), ch. 304, p. 1550, � 63, effective July 14. L. 2021: (1)(c) and (4) amended, (SB 21-271), ch. 462, p. 3193, � 263, effective March 1, 2022; (1)(b)(IX) amended, (HB 21-1187), ch. 83, p. 326, � 6, effective July 1, 2024.

Cross references: For the legislative declaration in the 2013 act adding this

section, see section 1 of chapter 233, Session Laws of Colorado 2013.

18-6.5-109.  At-risk adults with intellectual and developmental disabilities

mandatory reporting implementation task force - report - repeal. (Repealed)

Source: L. 2015: Entire section added, (SB 15-109), ch. 278, p. 1137, � 1,

effective June 5.

Editor's note: Subsection (9) provided for the repeal of this section, effective

July 1, 2016. (See L. 2015, p. 1137.)

ARTICLE 7

Offenses Relating to Morals

Editor's note: This title was repealed and reenacted in 1971. For historical

information concerning the repeal and reenactment, see the editor's note following the title heading.

PART 1

OBSCENITY - OFFENSES

Editor's note: This title was repealed and reenacted in 1971, and this part 1

was subsequently repealed and reenacted in 1976, 1977, and 1981, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this part 1 prior to 1981, 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 and the editor's note following the title heading. Former C.R.S. section numbers prior to 1981 are shown in editor's notes following those sections that were relocated.

Cross references: For power of boards of county commissioners and

governing bodies of municipalities to regulate obscene material or performance, see �� 30-15-401 (1)(c) and 31-15-401 (1)(g).

C.R.S. § 22-32-153

22-32-153. School ventilation and energy efficiency verification and repair - applicability of section - ventilation verification assessment - filtration - HVAC assessment report - mechanical engineer review - adjustments, repairs, upgrades, and replacements - HVAC verification report - certified contractors - grants - definitions. (1) Definitions. As used in this section, unless the context otherwise requires:

(a)  ACCA means the Air Conditioning Contractors of America.


(b)  ASHRAE means the American Society of Heating, Refrigerating and

Air-Conditioning Engineers.

(c)  Certified contractor means a contractor on the certified contractor list.


(d)  Certified contractor list means the certified contractor list created by

the department of labor and employment pursuant to section 40-3.2-105.6 (3)(a).

(e)  Certified TAB technician means a technician certified to perform

testing, adjusting, and balancing of HVAC systems by:

(I)  The Associated Air Balance Council;


(II)  The National Environmental Balancing Bureau;


(III)  The Testing, Adjusting and Balancing Bureau; or


(IV)  A successor organization of an organization named in subsection (1)(e)(I),

(1)(e)(II), or (1)(e)(III) of this section.

(f)  CO2 means carbon dioxide.


(g)  Department means the department of education created in section 24-1-115.


(h)  HVAC means heating, ventilation, and air conditioning.


(i)  HVAC assessment report means an HVAC assessment report described

in subsection (4) of this section.

(j)  International mechanical code means the 2021 international mechanical

code published by the International Code Council or the most recent version adopted by the office of the state architect created in section 24-30-1302.5.

(k)  ISO/IEC 17024 personnel certification standard means the ISO/IEC

17024 personnel certification accreditation standard developed by the International Organization for Standardization and the International Electrotechnical Commission for the purpose of certifying personnel.

(l)  Local education provider means:


(I)  A local education provider, as defined in section 22-16-103 (4); and


(II)  The Colorado school for the deaf and the blind described in section 22-80-102.


(m)  Mechanical engineer means a professional engineer who is licensed

pursuant to part 2 of article 120 of title 12 and has professional experience with HVAC systems.

(n)  MERV means minimum efficiency reporting value, as established by:


(I)  ANSI/ASHRAE standard 52.2-2017, Method of Testing General

Ventilation Air-Cleaning Devices for Removal Efficiency by Particle Size;

(II)  ANSI/ASHRAE standard 62.1-2022, Ventilation and Acceptable Indoor

Air Quality;

(III)  ANSI/ASHRAE/ACCA standard 180-2018, Standard Practice for

Inspection and Maintenance of Commercial Building HVAC Systems; and

(IV)  ASHRAE standard 241-2023, Control of Infectious Aerosols.


(o)  NOx has the meaning set forth in section 25-7-1502 (8).


(p)  Occupied areas means the classrooms, auditoriums, gymnasiums,

cafeterias, nurses' offices, restrooms, and offices of a school.

(q)  Project labor agreement has the meaning set forth in 48 CFR 52.222-34.


(r)  Qualified adjusting personnel means:


(I)  A certified TAB technician; or


(II)  A worker who is under the direct supervision of a certified TAB technician.


(s)  Qualified personnel means qualified testing personnel, qualified

adjusting personnel, or other workforce that is hired by and under the direct supervision of a certified contractor for the purpose of performing HVAC work.

(t)  Qualified testing personnel means:


(I)  A certified TAB technician; or


(II)  An individual certified to perform ventilation assessments of HVAC

systems by the International Certification Board or through an equivalent certification program or body accredited under the ISO/IEC 17024 personnel certification standard.

(u)  School means an educational facility operated by a local education

provider.

(v)  TAB means testing, adjusting, and balancing of an HVAC system.


(2)  Applicability of section. On and after August 6, 2025, if a local education

provider undertakes HVAC infrastructure improvements at a school using money from the Infrastructure Investment and Jobs Act cash fund created in section 24-75-232 (3), the local education provider shall comply with the procedures set forth in this section in implementing the HVAC infrastructure improvements.

(3)  Ventilation verification assessment. Qualified personnel shall perform

all of the following:

(a)  Filtration. MERV 13 or better filtration must be installed in a school's

HVAC system where feasible. Qualified personnel shall:

(I)  Review system capacity and airflow to determine the highest MERV

filtration that can be installed without adversely impacting equipment; and

(II)  Replace or upgrade filters where needed and verify that filters are

installed correctly.

(b)  Ventilation and exhaust. After assessing the filtration as described in

subsection (3)(a) of this section, qualified personnel shall assess the ventilation rates in the school's occupied areas to determine whether they meet the minimum ventilation rate requirements set forth in the international mechanical code. Assessment of the ventilation and exhaust must include all the following:

(I)  Calculation of the estimated minimum outside air ventilation rates for

each occupied area based on the maximum anticipated occupancy and the minimum required ventilation rate per occupant. Calculations must be based on maximum anticipated classroom or other occupied area occupancy rates and determined by the international mechanical code.

(II)  Measurement of outside air and verification that the system provides at

least the minimum outside air ventilation rates calculated pursuant to subsection (3)(b)(I) of this section;

(III)  Verification of coil velocities and unit discharge air temperatures

required to maintain desired indoor conditions and to avoid moisture carryover from cooling coils;

(IV)  Verification that separation between outdoor air intakes and exhaust

discharge outlets meets the requirements of the international mechanical code;

(V)  Confirmation that the air handling unit is bringing in outdoor air and

removing exhaust air as intended by the system design; and

(VI)  Measurement of all exhaust air volume for exhaust fans, such as

restroom exhaust fans, including documentation of any discrepancies from system design.

(c)  Economizers. For HVAC systems with economizers, qualified personnel

shall test system economizer dampers and controls for proper operation. Economizer dampers and controls that are not properly functioning shall be repaired by a certified contractor or the certified contractor's qualified personnel. Qualified personnel shall record recommendations for additional maintenance, replacements, or upgrades in the HVAC assessment report.

(d)  Demand control ventilation. (I)  If demand control ventilation systems are

installed, qualified personnel shall verify their proper operation.

(II)  Demand control ventilation systems that are not properly functioning

shall be repaired by a certified contractor or the certified contractor's qualified personnel.

(III)  If a demand control ventilation system is recommended to be disabled or

is unable to provide recommended ventilation rates, the HVAC system must be configured to meet the minimum ventilation rate requirements without use of the demand control ventilation system and must be tested and adjusted to achieve at least the estimated minimum outside air ventilation rate, as described in subsection (3)(b)(I) of this section.

(e)  Air distribution and building pressurization. (I)  Qualified personnel shall:


(A)  Perform survey readings of inlets and outlets to verify that all ventilation

is reaching the served zones and that there is adequate air distribution;

(B)  Verify that inlets and outlets are balanced within tolerance of the system

design; and

(C)  Document read values and deficiencies. If the original system design

values are not available, qualified personnel shall document available information and note the unavailability of system design values in the HVAC assessment report.

(II)  Qualified personnel shall verify building and space pressure to ensure

that:

(A)  The pressure differential is within tolerance of design, if known; and


(B)  The school building is not over pressurized.


(f)  General maintenance. Qualified personnel shall verify coil condition,

condensate drainage, cooling coil air temperature differential (entering and leaving dry bulb), heat exchanger air temperature differential (entering and leaving dry bulb), and drive assembly condition.

(g)  Operational controls. Qualified personnel shall review control sequences

to verify that systems will maintain intended ventilation, temperature, and humidity conditions during school operation.

(4)  HVAC assessment report. Qualified personnel shall prepare an HVAC

assessment report for review by a mechanical engineer. The HVAC assessment report must include all of the following information:

(a)  The name and address of the school and the certified contractor

completing the work, including the name of the qualified personnel preparing the assessment report and the name of the mechanical engineer certifying the assessment report;

(b)  A description of assessment, maintenance, adjustment, and repair

activities and outcomes;

(c)  Documentation of HVAC equipment model numbers, serial numbers, the

general condition of units, and any additional information that could be used to assess replacement and repair options given the potential for increased energy efficiency benefits;

(d)  Verification that either:


(I)  MERV 13 filters have been installed; or


(II)  The maximum MERV-rated filter that the system is able to effectively

handle has been installed, including an indication of the MERV rating of that filter;

(e)  Verification that all requirements described in this subsection (4) have

been satisfied;

(f)  The verified ventilation rates for occupied areas and whether those rates

meet the estimated requirements set forth in the international mechanical code;

(g)  The verified exhaust rates for occupied areas and whether those rates

meet the requirements of the system's design; and

(h)  Documentation of system deficiencies and recommendations for

additional maintenance, replacement, or upgrades to improve energy efficiency, safety, or performance or to reduce NOx emissions or greenhouse gas emissions, if any.

(5)  Mechanical engineer review. A mechanical engineer shall:


(a)  Review the HVAC assessment report;


(b)  Verify or adjust the estimated minimum outside air ventilation rates;


(c)  Determine what, if any, additional adjustments, repairs, upgrades, or

replacements are necessary to meet the minimum ventilation and filtration requirements of the international mechanical code;

(d)  Recommend a pathway for reducing NOx emissions and greenhouse gas

emissions; and

(e)  Provide a cost estimate for all recommended work.


(6)  Adjustments, repairs, upgrades, and replacements. All HVAC repairs,

upgrades, and replacements shall be performed by a certified contractor or the certified contractor's qualified personnel. All HVAC adjustments shall be performed by qualified adjusting personnel.

(7)  HVAC verification report. (a)  A certified contractor or a member of the

certified contractor's qualified personnel shall prepare an HVAC verification report within ten business days after completion of all work described in subsections (3) to (6) of this section.

(b)  The HVAC verification report must include all of the following

information:

(I)  The name and address of the school and the person preparing and

certifying the report;

(II)  A description of assessment, maintenance, adjustment, repair, upgrade,

and replacement activities and outcomes;

(III)  Verification that the certified contractor or the certified contractor's

qualified personnel has complied with all requirements of this section;

(IV)  Verification that either:


(A)  MERV 13 filters have been installed; or


(B)  The maximum MERV-rated filter that the system is able to effectively

handle has been installed, including an indication of the MERV rating of that filter;

(V)  The verified ventilation rates for occupied areas and whether those rates

meet the requirements set forth in the international mechanical code. If ventilation rates do not meet applicable guidance, then the HVAC verification report must include an explanation of why the current system is unable to meet those rates.

(VI)  The verified exhaust rates for occupied areas and whether those rates

meet the requirements set forth in the system's design;

(VII)  Documentation of repairs, upgrades, or replacements performed in

response to:

(A)  The HVAC assessment report; and


(B)  The mechanical engineer's recommendations made pursuant to

subsection (5) of this section;

(VIII)  Documentation of recommendations for additional maintenance,

repairs, replacements, or upgrades to improve energy efficiency, safety, or performance or to reduce NOx emissions or greenhouse gas emissions;

(IX)  Documentation of the mechanical engineer's recommended pathway for

reducing NOx emissions and greenhouse gas emissions;

(X)  Documentation of initial operating verifications, adjustments, and final

operating verifications and documentation of any adjustments or repairs performed; and

(XI)  Verification that all work has been performed by a certified contractor or

the certified contractor's qualified personnel, including the contractor's name, the names of the qualified personnel, the certification numbers of any qualified personnel, and verification that all construction work has been performed by a certified contractor or the certified contractor's qualified personnel.

(c)  A local education provider shall maintain a copy of the HVAC verification

report for at least five years and make it available to the public upon request.

(8)  Certified contractors (a)  If a local education provider undertakes HVAC

infrastructure improvements as described in this section using money from the Infrastructure Investment and Jobs Act cash fund created in section 24-75-232 (3), the local education provider shall:

(I)  Obtain and make use of the certified contractor list to assist in contractor

selection and ensure compliance with federal funding requirements; and

(II)  Employ only certified contractors or contractors that use prevailing

wages and apprentices registered with the federal department of labor or the state apprenticeship agency created in section 8-15.7-102 for the performance of the HVAC infrastructure improvements.

(b)  The department shall publish the certified contractor list on its website

and include or reference the list in all of the relevant marketing material for school infrastructure improvement programs to assist in contractor selection and ensure compliance with federal funding requirements.

(c)  The requirement described in subsection (8)(a) of this section does not

apply to mechanical, plumbing, and electrical work that is performed pursuant to a project labor agreement that allows a contractor and all subcontractors to compete for contracts and subcontracts without regard to whether they are parties to a collective bargaining agreement.

(d) (I)  Upon evaluation of bids submitted for an HVAC infrastructure

improvement contract, the local education provider may waive the requirements of this subsection (8) if the local education provider determines that there is substantial evidence that there were no responsive, eligible subcontractors available to fulfill the mechanical, electrical, or plumbing portions of the contract.

(II)  A local education provider that undertakes HVAC infrastructure

improvements subject to the requirements of this subsection (8) shall make public all waivers and the specific rationale for granting a waiver. The local education provider shall post notice of a waiver and a justification for the waiver on its website.

Source: L. 2025: Entire section added, (HB 25-1245), ch. 400, p. 2262, � 2,

effective August 6.

Cross references: For the legislative declaration in HB 25-1245, see section 1

of chapter 400, Session Laws of Colorado 2025.

ARTICLE 32.5

Innovation Schools and Innovation School Zones

Within School Districts

22-32.5-101.  Short title. This article shall be known and may be cited as the

Innovation Schools Act of 2008.

Source: L. 2008: Entire article added, p. 1420, � 1, effective May 28.


22-32.5-102.  Legislative declaration. (1)  The general assembly hereby finds

that:

(a)  The constitutional provisions regarding the public education system

direct the general assembly to establish a thorough and uniform statewide system of public education, but they also recognize the importance of preserving local flexibility by granting to each school district board of education the control of instruction in the schools of the school district;

(b)  The constitution's requirement that each school district board of

education is responsible for controlling the instruction in its schools is based on the belief that the delivery of educational services must be tailored to the specific population of students they are intended to serve and that the parents of those students should have great opportunity for input regarding the educational services their children receive;

(c)  In tailoring the delivery of educational services, it is also important that

the persons delivering those services, the principal of the public school and the faculty employed at that school, have the maximum degree of flexibility possible to determine the most effective and efficient manner in which to meet their students' needs;

(d)  To further the goals of high-quality public education throughout the

state, therefore, each school district board of education should have the authority to grant public schools of the school district the maximum degree of flexibility possible to meet the needs of individual students and the communities in which they live; and

(e)  While the ultimate responsibility for controlling the instruction in public

schools continues to lie with the school district board of education of each public school, each school district board of education is strongly encouraged to delegate to each public school a high degree of autonomy in implementing curriculum, making personnel decisions, organizing the school day, determining the most effective use of resources, and generally organizing the delivery of high-quality educational services, thereby empowering each public school to tailor its services most effectively and efficiently to meet the needs of the population of students it serves.

(2)  The general assembly therefore finds that it is in the best interests of the

people of Colorado to enact the Innovation Schools Act of 2008 to achieve the following purposes:

(a)  To grant to Colorado's school districts and public schools greater ability

to meet the educational needs of a diverse and constantly changing student population;

(b)  To encourage intentionally diverse approaches to learning and education

within individual school districts;

(c)  To improve educational performance through greater individual school

autonomy and managerial flexibility;

(d)  To encourage school districts, where appropriate, to create and manage a

portfolio of schools that meet a variety of education needs, including identifying elementary, middle or junior high, and high schools to collectively operate as a vertically integrated innovation zone of schools;

(e)  To encourage innovation in education by providing local school

communities and principals with greater control over levels of staffing, personnel selection and evaluation, scheduling, and educational programming with the goal of achieving improved student achievement;

(f)  To encourage school districts and public schools to find new ways to

allocate resources, including through implementation of specialized school budgets, for the benefit of the students they serve; and

(g)  To hold public schools that receive greater autonomy under this article

accountable for student academic achievement, as measured by the Colorado student assessment program, other more specifically tailored accountability measures, and the federal requirements of adequate yearly progress.

(3)  The general assembly further declares that:


(a)  Since the Innovation Schools Act of 2008 was passed, innovations have

been used to leverage outcomes for students and support creative school models to meet the needs of students, educators, and families;

(b)  The cornerstone of innovation work is empowering educators and families

to be part of the design process, helping to develop an innovation plan, and voting to approve the school's plan and any revisions to the innovation plan;

(c)  The Innovation Schools Act of 2008 identifies areas of innovation that

schools are encouraged to explore, including innovations in governance;

(d)  Local school boards and innovation school zones have implemented

alternative governance models for innovation school zones and schools within the innovation school zones, including delegation of some management activities from a local school board to a nonprofit organization affiliated with an innovation school zone;

(e)  Innovation schools were designed as an opportunity for schools that

operate within their school district to exercise autonomy and flexibility to adapt to meet the needs of schools and students whom innovation schools serve;

(f)  If disputes arise between an innovation school zone as a whole, or a

school within the innovation school zone, and the local school board that oversees the innovation school zone regarding the administration of an innovation plan, a fair and consistent resolution process is needed to address the dispute; and

(g)  The dispute resolution process described in this article 32.5 is modeled

from existing statutory dispute resolution processes and intends to support both parties, encourage innovation school zones to practice innovative governance, and allow the local school board to reach solutions with innovation school zones with alternative governance.

Source: L. 2008: Entire article added, p. 1420, � 1, effective May 28. L. 2022:

(3) added, (SB 22-197), ch. 307, p. 2213, � 1, effective August 10.

22-32.5-103.  Definitions.  As used in this article 32.5, unless the context

otherwise requires:

(1)  Commissioner means the commissioner of education appointed by the

state board of education pursuant to section 22-2-110.

(1.5)  Community school means a public school that implements the

following:

(a)  An annual asset and needs assessment of and by both the school and the

community that engages at least seventy-five percent of families, students, and educators in the community;

(b)  A strategic plan that includes the creation of problem-solving teams who

are dedicated to continuous school improvement and define how educators and community partners use all available assets to meet specific student needs and achieve better results and utilize key tools and lessons from improvement science in the continuous improvement process;

(c)  A process to engage partners who bring assets and expertise to

implement the school's goals; and

(d)  A community school coordinator who is a school staff member at the

community school site and who:

(I)  Has the primary responsibility to facilitate the problem-solving teams

implemented pursuant to subsection (1.5)(b) of this section; and

(II)  In consultation with school leadership, shall assemble relevant

stakeholders to solve problems identified by the assessment performed pursuant to subsection (1.5)(a) of this section.

(1.7)  Department means the department of education created in section

24-1-115.

(2)  District of innovation means a school district that is designated as a

district of innovation pursuant to section 22-32.5-107.

(3)  Innovation school means a school in which a local school board

implements an innovation plan pursuant to section 22-32.5-104.

(4)  Innovation school zone means a group of schools of a school district

that share common interests, such as geographical location or educational focus, or that sequentially serve classes of students as they progress through elementary and secondary education and in which a local school board implements a plan for creating an innovation school zone pursuant to section 22-32.5-104.

(4.5)  Innovation school zone with alternative governance means an

innovation school zone that either operates as an innovation school zone with alternative governance on or before August 10, 2022, or submits to its local school board an innovation plan, which the local school board approves, that authorizes alternative governance and delegates management activities to another organization pursuant to section 22-32.5-104 (5), including but not limited to a nonprofit organization. An organization does not include a for-profit organization.

(5)  Local school board means the board of education of a school district.


(5.5)  Neutral third party means a trained individual who assists disputants

in reaching a mutually acceptable resolution of their disputes by identifying and evaluating alternatives, and is on an approved list by the office of dispute resolution established in section 13-22-303 or the American arbitration association, or its successor.

(6)  State board means the state board of education created pursuant to

section 1 of article IX of the state constitution.

Source: L. 2008: Entire article added, p. 1422, � 1, effective May 28. L. 2019:

IP amended and (1.5) added, (SB 19-102), ch. 82, p. 293, � 1, effective August 2. L. 2022: (1.7), (4.5), and (5.5) added, (SB 22-197), ch. 307, p. 2214, � 2, effective August 10.

22-32.5-104.  Innovation plans - submission - contents. (1) (a)  A public

school of a school district may submit to its local school board an innovation plan as described in subsection (3) of this section. A group of public schools of a school district that share common interests, such as geographical location or educational focus, or that sequentially serve classes of students as they progress through elementary and secondary education may jointly submit to their local school board a plan to create an innovation school zone as described in subsection (4) of this section.

(b)  A local school board shall receive and review each innovation plan or plan

for creating an innovation school zone submitted pursuant to paragraph (a) of this subsection (1). The local school board shall either approve or disapprove the innovation plan or plan for creating an innovation school zone within sixty days after receiving the plan.

(c)  If the local school board rejects the plan, it shall provide to the public

school or group of public schools that submitted the plan a written explanation of the basis for its decision. A public school or group of public schools may resubmit an amended innovation plan or amended plan for creating an innovation school zone at any time after denial.

(d)  If the local school board approves the plan, it may proceed to seek

designation of the school district as a district of innovation pursuant to section 22-32.5-107.

(2)  A local school board may initiate and collaborate with one or more public

schools of the school district to create one or more innovation plans, as described in subsection (3) of this section, or one or more plans to create innovation school zones, as described in subsection (4) of this section. In creating an innovation plan or a plan to create an innovation school zone, the local school board shall ensure that each public school that would be affected by the plan has opportunity to participate in creation of the plan. A local school board may approve or create a plan to create an innovation school zone that includes all of the public schools of the school district. If the local school board creates an innovation plan or a plan for creating an innovation school zone, the local school board may seek designation of the school district as a district of innovation pursuant to section 22-32.5-107.

(3)  Each innovation plan, whether submitted by a public school or created by

a local school board through collaboration between the local school board and a public school, must include the following information:

(a)  A statement of the public school's mission and why designation as an

innovation school would enhance the school's ability to achieve its mission;

(b)  A description of the innovations the public school would implement,

which may include, but need not be limited to, innovations in school staffing; curriculum and assessment; class scheduling; use of financial and other resources; faculty recruitment, employment, evaluation, and compensation; whether the school will operate as a community school; and implementation of transformational school strategies such as shared leadership, culturally relevant curriculum, student and family supports, positive discipline practices, and family and community engagement;

(c)  A listing of the programs, policies, or operational documents within the

public school that would be affected by the public school's identified innovations and the manner in which they would be affected. The programs, policies, or operational documents may include, but need not be limited to:

(I)  The research-based educational program the public school would

implement;

(II)  The length of school day and school year at the public school;


(III)  The student promotion and graduation policies to be implemented at the

public school;

(IV)  The public school's assessment plan;


(V)  The proposed budget for the public school; and


(VI)  The proposed staffing plan for the public school.


(d)  An identification of the improvements in academic performance that the

public school expects to achieve in implementing the innovations;

(e)  An estimate of the cost savings and increased efficiencies, if any, the

public school expects to achieve in implementing its identified innovations;

(f)  Evidence that a majority of the administrators employed at the public

school, a majority of the teachers employed at the public school, and a majority of the school accountability committee for the public school consent to designation as an innovation school;

(g)  A statement of the level of support for designation as an innovation

school demonstrated by the other persons employed at the public school, the students and parents of students enrolled in the public school, and the community surrounding the public school;

(h)  A description of any statutory sections included in this title or any

regulatory or district policy requirements that would need to be waived for the public school to implement its identified innovations;

(i)  A description of any provision of the collective bargaining agreement in

effect for the personnel at the public school that would need to be waived for the public school to implement its identified innovations; and

(j)  Any additional information required by the local school board of the

school district in which the innovation plan would be implemented.

(4)  Each plan for creating an innovation school zone, whether submitted by a

group of public schools or created by a local school board through collaboration with a group of public schools, shall include the information specified in subsection (3) of this section for each public school that would be included in the innovation school zone. A plan for creating an innovation school zone shall also include the following additional information:

(a)  A description of how innovations in the public schools in the school

innovation zone would be integrated to achieve results that would be less likely to be accomplished by each public school working alone;

(b)  An estimate of any economies of scale that would be achieved by

innovations implemented jointly by the public schools within the innovation school zone;

(c)  Evidence that a majority of the administrators and a majority of the

teachers employed at each public school that would be included in the innovation school zone and a majority of the school accountability committee for each public school that would be included in the innovation school zone consent to creating the innovation school zone; and

(d)  A statement of the level of support for creating an innovation school zone

demonstrated by the other persons employed at each public school that would be included in the zone, the students and parents of students enrolled in each public school that would be included in the zone, and the community in which the local school board would approve the innovation school zone. In determining the level of support, each public school shall specifically solicit input concerning the selection of public schools included in the innovation school zone and the strategies and procedures that would be used in implementing and integrating the innovations within the public schools in the zone.

(5)  A group of schools that submits a plan to create an innovation school

zone as provided in this section and seeks to have management activities delegated by the local board to an organization that forms a partnership with the local school board must, in addition to the provisions specified in subsection (4) of this section, include the following information in the innovation plan:

(a)  An explanation of how alternative governance will help achieve the vision

and goals of the group of schools in a school district;

(b)  A description of the organization and the organization's governing board

and governance structure;

(c)  A description of the roles and duties of the organization's governing

board, which duties must include, at a minimum, overseeing the implementation of the innovation plan and supporting academic progress;

(d)  A description of the zone staffing structure and management the

organization would provide;

(e)  A description of how funds will be used to achieve the mission and

academic performance of the innovation plan;

(f)  A description of where an easily accessible link to the federal form 990,

990-EZ, or 990-PF, as required by section 22-44-304, or other relevant financial information if the organization does not receive a federal form 990, is located on the zone website;

(g)  A description of the terms under and process by which a school within an

innovation school zone may elect to leave the innovation school zone; and

(h)  A description of the method the school district will use for determining

the cost of services and a corresponding financial agreement with the innovation school zone.

Source: L. 2008: Entire article added, p. 1422, � 1, effective May 28. L. 2009:

(3)(f) and (4)(c) amended, (SB 09-163), ch. 293, p. 1542, � 44, effective May 21; (3)(f) and (4)(c) amended, (SB 09-090), ch. 291, p. 1444, � 17, effective August 5. L. 2018: IP(3) and (3)(b) amended, (HB 18-1355), ch. 324, p. 1954, � 18, effective May 30. L. 2019: (3)(b) amended, (SB 19-102), ch. 82, p. 294, � 2, effective August 2. L. 2022: (5) added, (SB 22-197), ch. 307, p. 2214, � 3, effective August 10.

22-32.5-105.  Suggested innovations. (1)  In considering or creating an

innovation plan or a plan for creating an innovation school zone, each local school board is strongly encouraged to consider innovations in the following areas:

(a)  Curriculum and academic standards and assessments;


(b)  Accountability measures, including but not limited to expanding the use

of a variety of accountability measures to more accurately present a complete measure of student learning and accomplishment. The accountability measures adopted by an innovation school or an innovation school zone may include, but need not be limited to:

(I)  Use of graduation or exit examinations;


(II)  Use of end-of-course examinations;


(III)  Use of student portfolio reviews;


(IV)  Use of national and international accountability measures such as the

national assessment of educational progress and the program for international student assessment;

(V)  Measuring the percentage of students continuing into higher education;

and

(VI)  Measuring the percentage of students simultaneously obtaining a high

school diploma and an associate's degree or a career and technical education certificate.

(c)  Provision of services, including but not limited to special education

services; services for gifted and talented students; services for English language learners; educational services for students at risk of academic failure, expulsion, or dropping out; and support services provided by the state department of human services or county departments or agencies of human or social services;

(d)  Teacher recruitment, training, preparation, and professional

development;

(e)  Teacher employment;


(f)  Performance expectations and evaluation procedures for teachers and

principals;

(g)  Compensation for teachers, principals, and other school building

personnel, including but not limited to performance pay plans, total compensation plans, and other innovations with regard to retirement and other benefits;

(h)  School governance and the roles, responsibilities, and expectations of

principals in innovation schools or schools within an innovation school zone; and

(i)  Preparation and counseling of students for transition to higher education

or the work force.

Source: L. 2008: Entire article added, p. 1425, � 1, effective May 28. L. 2010:

(1)(c) amended, (SB 10-062), ch. 168, p. 595, � 12, effective April 29. L. 2014: (1)(c) amended, (HB 14-1298), ch. 244, p. 937, � 22, effective May 21. L. 2018: (1)(c) amended, (SB 18-092), ch. 38, p. 438, � 92, effective August 8.

Cross references: For the legislative declaration in SB 18-092, see section 1

of chapter 38, Session Laws of Colorado 2018.

22-32.5-106.  Innovation planning - financial support. Each public school

and each local school board is authorized and encouraged to seek and accept public and private gifts, grants, and donations to offset the costs of developing and implementing innovation plans and plans for creating innovation school zones.

Source: L. 2008: Entire article added, p. 1426, � 1, effective May 28.


22-32.5-107.  District of innovation - designation. (1)  Each local school

board may seek for its school district designation by the state board as a district of innovation. A local school board may seek the designation on the basis of innovation plans or plans for creating innovation school zones approved or collaboratively created by the local school board pursuant to section 22-32.5-104.

(2)  A local school board that seeks designation as a district of innovation

shall submit one or more innovation plans or plans for creating an innovation school zone to the commissioner for review and comment by the commissioner and the state board. Within sixty days after receiving a local school board's plan, the commissioner and the state board shall respond to the local school board with any suggested changes or additions to the plan, including but not limited to suggestions for further innovations or for measures to increase the likelihood that the innovations will result in greater academic achievement within the innovation schools or innovation school zones. Based on the commissioner's and the state board's comments, the local school board may choose to withdraw and resubmit its innovation plan or plan for creating an innovation school zone.

(3) (a)  Within sixty days after receiving a local school board's innovation plan

or plan for creating an innovation school zone, the state board shall designate the local school board's school district as a district of innovation if the state board concludes that the submitted plan:

(I)  Is likely to enhance educational opportunity, standards, and quality within

the innovation schools or innovation school zones; and

(II)  Is fiscally feasible.


(b)  If the state board does not designate a school district as a district of

innovation, it shall provide to the local school board a written explanation of the basis for its decision. The local school board may resubmit an amended innovation plan or plan for creating an innovation school zone and seek designation of its school district as a school district of innovation at any time after denial.

(4)  It is the intent of the general assembly that the department of education

receive a one-time appropriation to offset the costs incurred by the department and the state board in adopting rules and otherwise establishing the procedures for implementation of this section. The general assembly finds, however, that the department of education and the state board may implement this section in future years without additional state funding.

Source: L. 2008: Entire article added, p. 1426, � 1, effective May 28. L. 2017:

(3)(a) amended, (HB 17-1271), ch. 343, p. 1813, � 1, effective August 9.

22-32.5-108.  District of innovation - waiver of statutory and regulatory

requirements. (1) Upon designation of a district of innovation, the state board shall waive any statutes or rules specified in the school district's innovation plan as they pertain to the innovation schools or innovation school zones of the district of innovation; except that the state board shall not waive:

(a)  Any statutes specified in section 22-2-117 (1)(b);


(b)  Any provision of article 64 of this title; or


(c)  Any statutes that are not included in this title, including but not limited to

article 51 of title 24, C.R.S.

(2)  Each district of innovation continues to be subject to all statutes and

rules that are not waived by the state board pursuant to subsection (1) of this section, including but not limited to all statutes and rules concerning implementation of:

(a)  The state assessment requirements specified in section 22-7-1006.3;


(b)  Article 11 of this title; and


(c)  The requirements of the federal No Child Left Behind Act of 2001, 20

U.S.C. sec. 6301 et seq.

(3)  Designation as a district of innovation must not affect a school district's:


(a)  Total program funding calculated pursuant to the Public School Finance

Act of 2025, article 54 of this title 22; or

(b)  Eligibility for funding under, or the amount received through, a

categorical program, as defined in section 22-55-102 (4).

(4)  Each district of innovation that receives a waiver pursuant to this section

shall specify the manner in which the innovation school or the schools within the innovation school zone shall comply with the intent of the waived statutes or rules and shall be accountable to the state for such compliance.

(5) (a)  If the local school board for a district of innovation revises an

innovation plan as provided in section 22-32.5-110, the local school board may request additional waivers or changes to existing waivers as necessary to accommodate the revisions to the innovation plan, and the state board shall grant the additional waivers or changes to existing waivers if it determines that the new or changed waivers would enhance educational opportunity, standards, and quality within the innovation schools or innovation school zones of the district of innovation and are fiscally feasible. In requesting a new waiver or a change to an existing waiver, the local school board shall demonstrate the consent of a majority of the teachers and a majority of the administrators employed at and a majority of the school advisory committee for each public school that is affected by the new or changed waiver.

(b)  Except as otherwise provided in paragraph (a) of this subsection (5), a

waiver that is granted pursuant to this section shall continue to apply to a public school so long as the public school continues to be designated as an innovation school or included in an innovation school zone.

Source: L. 2008: Entire article added, p. 1427, � 1, effective May 28. L. 2009:

(2)(b) amended, (SB 09-163), ch. 293, p. 1543, � 45, effective May 21. L. 2015: IP(2) and (2)(a) amended, (HB 15-1323), ch. 204, p. 725, � 35, effective May 20. L. 2017: (5)(a) amended, (HB 17-1271), ch. 343, p. 1813, � 2, effective August 9. L. 2024: IP(3) and (3)(a) amended, (HB 24-1448), ch. 236, p. 1533, � 44, effective May 23.

22-32.5-109.  District of innovation - collective bargaining agreements. (1)

(a) On and after the date on which the state board designates a school district as a district of innovation, any collective bargaining agreement initially entered into or renewed by the local school board of the district of innovation shall include a term that allows each innovation school and each innovation school zone in the school district to waive any provisions of the collective bargaining agreement identified in the innovation plan as needing to be waived for the innovation school or the innovation school zone to implement its identified innovations.

(b)  For an innovation school, waiver of one or more of the provisions of the

collective bargaining agreement shall be based on obtaining the approval, by means of a secret ballot vote, of at least sixty percent of the members of the collective bargaining unit who are employed at the innovation school.

(c)  For an innovation school zone, waiver of one or more of the provisions of

the collective bargaining agreement shall be based on obtaining, at each school included in the innovation school zone, the approval of at least sixty percent of the members of the collective bargaining unit who are employed at the school. The innovation school zone shall seek to obtain approval of the waivers through a secret ballot vote of the members of the collective bargaining unit at each school included in the innovation school zone. The local school board for the innovation school zone may choose to revise the plan for creating an innovation school zone to remove from the zone any school in which at least sixty percent of the members of the collective bargaining unit employed at the school do not vote to waive the identified provisions of the collective bargaining agreement.

(d)  If a local school board, in collaboration with the innovation school or the

public schools included in the innovation school zone, revises the innovation plan as provided in section 22-32.5-110 and the revisions include changes to the identified provisions of the collective bargaining agreement that need to be waived to implement the innovations that are included in the innovation plan, the local school board shall seek such additional waivers or revision or revocation of the existing waivers of provisions of the collective bargaining agreement as are necessary to implement the revised innovation plan. Any changes to waivers, or additional waivers, of the identified provisions of the collective bargaining agreement shall be subject to approval in the same manner as provided in paragraphs (b) and (c) of this subsection (1) for the initial approval of waivers of provisions of the collective bargaining agreement.

(e)  Except as otherwise provided in paragraph (d) of this subsection (1),

waiver of identified provisions of a collective bargaining agreement for an innovation school or the public schools within an innovation school zone pursuant to this subsection (1) shall continue so long as the innovation school remains an innovation school or a public school remains a part of the innovation school zone. A waiver approved pursuant to this subsection (1) shall continue to apply to any substantially similar provision that is included in a new or renewed collective bargaining agreement for the schools of the district of innovation.

(2)  A district of innovation shall not be required to seek a waiver by an

innovation school or a public school in an innovation school zone of any provision of the collective bargaining agreement. Each district of innovation shall include in its innovation plan a statement as to whether it will seek a waiver by an innovation school or the public schools included in an innovation school zone of any of the provisions of the collective bargaining agreement.

(3)  A person who is a member of the collective bargaining unit and is

employed by an innovation school or by a school included in an innovation school zone may request a transfer to another public school of the district of innovation. The local school board shall make every reasonable effort to accommodate the

C.R.S. § 22-5-123

22-5-123. BOCES - HVAC infrastructure improvements. On and after August 6, 2025, if a BOCES undertakes HVAC infrastructure improvements using money from the Infrastructure Investment and Jobs Act cash fund created in section 24-75-232 (3), the BOCES shall comply with the requirements described in section 22-32-153 in implementing the HVAC infrastructure improvements.

Source: L. 2025: Entire section added, (HB 25-1245), ch. 400, p. 2270, � 3,

effective August 6.

Cross references: For the legislative declaration in HB 25-1245, see section 1

of chapter 400, Session Laws of Colorado 2025.

ARTICLE 5.5

Regional Service Areas Act

22-5.5-101.  Short title. This article shall be known and may be cited as the

Regional Service Areas Act.

Source: L. 2008: Entire article added, p. 1693, � 1, effective June 2.


22-5.5-102.  Legislative declaration. (1)  The general assembly hereby finds

and declares that:

(a)  Colorado should align its education system to maximize the state's

limited resources in improving student achievement and closing the learning gap;

(b)  One of the most effective ways to align the state's education system and

maximize resources is to expand the department of education's eight existing regional service areas to twelve regional service areas, and to include in the expansion process representation from community and local district colleges, technical colleges, state institutions of higher education, early childhood councils, and business and industry;

(c)  Colorado experimented with successful results with regional consortiums

for professional development during 2000 and 2001 as a means to deliver professional development programs across school district lines in an efficient and effective manner;

(d)  Regions can serve as an efficient and effective link between the state,

the department of education, boards of cooperative services, administrative units, school districts, state institutions of higher education, and business and industry to leverage and implement scarce resources for education reform initiatives at state, regional, and local levels;

(e)  A regional service area system would extend and expand service delivery

in many areas, including but not limited to data centers, financial services, cooperative purchases, technological support, capital construction planning assistance, dropout prevention, early childhood and preschool programs, postsecondary partnerships and student transitions into postsecondary schools, professional development, curriculum and instructional expertise and support, and shared administration and services among school districts;

(f)  Funding for regional service areas should be consistent and sustainable

over time;

(g)  School districts, boards of cooperative services, administrative units,

community colleges, local district colleges, technical colleges, postsecondary institutions, early childhood councils, and representatives from business and industry located within the same geographic area should work collaboratively to develop a regional plan that meets the needs of participants in order to increase the effectiveness of a regional system.

(2)  The general assembly therefore declares that it is in the best interest of

the state of Colorado and its citizens to assist in providing a thorough and uniform educational system by creating a system of regional service areas that utilizes existing relationships to provide programs and services beyond the boundaries of the current twenty-one boards of cooperative services, fifty-seven administrative units, and one hundred seventy-eight school districts.

(3)  The general assembly further finds and declares that, for purposes of

section 17 of article IX of the state constitution, the establishment of twelve regional service areas which will effectively align the state's education system and maximize resources is a critical element of accountable education reform, accountable programs to meet state academic standards, expanding technology education, improving student safety, expanding the availability of preschool and kindergarten programs, and accountability reporting and, therefore, may receive funding from the state education fund created in section 17 (4) of article IX of the state constitution.

Source: L. 2008: Entire article added, p. 1693, � 1, effective June 2.


22-5.5-103.  Definitions. As used in this article 5.5, unless the context

otherwise requires:

(1)  Administrative unit means a school district, a board of cooperative

services, a charter school network, a charter school collaborative, or the state charter school institute, that is providing educational services to exceptional children.

(2)  Board means the board of education of a school district.


(3)  Board of cooperative services means a regional educational service unit

created pursuant to article 5 of this title.

(4)  Department means the department of education created and existing

pursuant to section 24-1-115, C.R.S.

(5)  Postsecondary institution means a community or technical college, a

local district college, or a state-supported institution of higher education.

(5.5)  Pupil enrollment count day has the same meaning as set forth in

section 22-54-103 (10.5).

(6)  Regional service area means one of twelve regional service areas

created pursuant to section 22-5.5-104.

(7)  Regional service council means the governing body of a regional

service area plan, which governing body is established pursuant to section 22-5.5-105.

(8)  School district means a school district existing pursuant to law.


(9)  State board means the state board of education created and existing

pursuant to section 1 of article IX of the state constitution.

Source: L. 2008: Entire article added, p. 1695, � 1, effective June 2. L. 2012:

(5.5) added, (HB 12-1090), ch. 44, p. 150, � 4, effective March 22. L. 2022: IP and (1) amended, (HB 22-1294), ch. 242, p. 1795, � 13, effective August 10.

22-5.5-104.  Regional service areas - creation - rules. (1)  On or before

December 1, 2008, the state board, in consultation with the department, school districts, and boards of cooperative services, shall divide the state into twelve regional service areas throughout the state. Each regional service area shall consist of at least two school districts and one or more boards of cooperative services.

(2)  The state board and the department shall consult with the department of

higher education and the governor's office to establish the state's education initiatives, including priorities for preschool through postsecondary education.

(3)  On or before December 1, 2008, the state board shall promulgate rules

for the development, expansion, implementation, and management of the regional service areas created pursuant to this article.

Source: L. 2008: Entire article added, p. 1695, � 1, effective June 2.


22-5.5-105.  Regional service areas - establishment - plan - governance. (1)

(a) Following the creation of the twelve regional service areas by the state board pursuant to section 22-5.5-104, but on or before June 30, 2009, individuals in a regional service area may organize a regional service area. Participants in a regional service area may include, but need not be limited to, representatives from school districts, boards of cooperative services, administrative units, early childhood councils, postsecondary institutions, business and industry, other education agencies in the regional service area, teachers, and parents. A regional service area plan shall be governed by no more than one regional service council.

(b)  Participation by school districts or boards of cooperative services in a

regional service area is voluntary.

(2) (a)  Each plan for a regional service area shall be administered by a locally

appointed regional service council, representing the following entities within the regional service area and composed of a minimum of five members; except that a regional service council initially formed or reorganized on or after August 5, 2009, shall be composed of a minimum of six members as follows:

(I)  Each participating board of cooperative services shall appoint at least one

council member. A board of cooperative services that has more than five member districts shall appoint an additional council member. The terms shall run coterminously with the council member's term on his or her board.

(II)  Each board of cooperative services superintendent advisory council

within a regional service area shall appoint two superintendents or their designees to serve on the regional service council. A superintendent advisory council that has more than five members shall appoint an additional superintendent or his or her designee to the regional service council. The superintendents or their designees shall each represent a participating school district.

(III)  Each school district that chooses to participate in the regional service

area and that is not a member of a board of cooperative services within the regional service area shall appoint one board member, superintendent, or designee to the regional service council. The terms shall run coterminously with the council member's term on his or her board, if applicable.

(IV)  The regional service council, within ninety days after its initial formation

and each time the regional service council reorganizes thereafter, shall appoint one council member representing business and industry, one council member representing each existing early childhood council from within the regional service area, and, for a regional service council initially formed or reorganized on or after August 5, 2009, one council member who is a parent of a student enrolled in a public preschool, elementary, secondary, or postsecondary institution located within the regional service area.

(V)  Each four-year institution of higher education, each community college,

and each technical college within the regional service area may appoint a trustee or advisory council member, or the president of the institution or his or her designee, to serve on the regional service council.

(VI)  The department of education regional manager for the regional service

area and the executive director for any board of cooperative services in the regional service area shall serve as ex-officio, nonvoting members of the regional service council.

(b)  The regional service council shall have the authority to set terms of

office, organize, have meetings, and accept moneys and shall be accountable for funding and programs.

(3)  To receive funding pursuant to section 22-5.5-106 (2) and (3), the regional

service council on behalf of each regional service area shall submit a plan to the state board for approval on or before June 30, 2009. The plan shall address the needs of large and small school districts within the regional service area and focus on increasing effectiveness and efficiencies in providing education and services throughout the region. The plan shall include, at a minimum:

(a)  A list of representatives from various educational agencies and business

and industry in the regional service area;

(b)  A description of how the regional service area intends to use and develop

state, regional, and local expertise;

(c)  An outline of available funding sources, including local and regional

contributions, federal moneys, and any available state resources;

(d)  A description of how the agencies within the regional service area will

coordinate and collaborate to enhance effectiveness and efficiencies among and between regional service areas;

(e)  A strategy to address the needs of participating school districts within

the regional service area;

(f)  A budget outlining projected expenditures by the regional service area;

and

(g)  Accountability criteria associated with the plan, including but not limited

to:

(I)  Evaluation of alignment with established state priorities;


(II)  Rationale for selection of priorities based upon regional needs

assessment data;

(III)  Goals that are specific, measurable, achievable, and realistic, all within

an established time frame;

(IV)  Specific outcomes demonstrated with effectiveness and efficiencies;


(V)  An evaluation process and criteria; and


(VI)  Budget alignment with priorities and activities.


(4) (a)  Each regional service council shall submit a plan developed pursuant

to subsection (3) of this section to the state board for approval as a prerequisite to the receipt of state moneys pursuant to this article.

(b)  On or before August 1, 2009, the state board shall notify each regional

service council that submitted a plan for a regional service area of its approval or rejection.

Source: L. 2008: Entire article added, p. 1695, � 1, effective June 2. L. 2009:

IP(2)(a) and (2)(a)(IV) amended, (SB 09-090), ch. 291, p. 1439, � 4, effective August 5.

22-5.5-106.  Funding. (1)  On or before June 30, 2009, a regional service

council may apply to the state board on behalf of a regional service area for a one-time grant of up to ten thousand dollars for direct reimbursement of expenses related to the development of the plan for the regional service area. The state board shall provide an applying regional service council with the one-time grant for reimbursement of expenses related to the development of the plan no later than thirty days following the submission of the grant application.

(2)  If the plan for a regional service area is approved by the state board

pursuant to section 22-5.5-105, on or after July 1, 2009, and annually thereafter, the state board shall award to the regional service area a grant of up to fifty thousand dollars, subject to available appropriations by the general assembly. If available moneys are insufficient to award each eligible regional service area a full fifty-thousand-dollar grant, the state board shall reduce proportionately all grant awards for eligible regional service areas for that year. A regional service council may choose not to accept funding on behalf of the regional service area if the prorated amount is insufficient to allow the regional service area to function effectively.

(3)  In addition to the grants described in subsections (1) and (2) of this

section, on or after July 1, 2009, and annually thereafter, the department shall, subject to available appropriations, allocate to each eligible regional service area an amount equal to up to fifty cents per pupil based on the pupil enrollment for each school district in the regional service area as of the pupil enrollment count day of the previous year.

(4)  Funding for a regional service area after the first grant pursuant to this

section is contingent upon the successful implementation of the regional service area's plan, as evaluated by the state board and the department. The state board shall annually notify each regional service council on or before September 1 regarding whether the regional service area will receive moneys pursuant to subsections (2) and (3) of this section in the coming year and the amounts.

(5)  A regional service council may use a maximum of ten percent of the

amount annually received by the regional service area for grant management and fiscal oversight. For regions with a total pupil enrollment of less than fifteen thousand students, the regional service council may use up to twenty percent of the amount annually received by the regional service area for grant management and fiscal oversight.

(6)  Each regional service council that receives funding on behalf of a

regional service area pursuant to subsections (2) and (3) of this section shall submit to the department a revised annual budget on or before March 1, 2010, and on or before March 1 each year thereafter. If a regional service council expects to exceed by more than ten percent the projected expenditures specified in the budget included in the original plan submitted to the state board pursuant to section 22-5.5-105, the regional service council shall seek prior approval for the expenditure from the department.

(6.5)  Each regional service council is authorized to seek and accept gifts,

grants, or donations from private or public sources for the purposes of this article; except that a gift, grant, or donation shall not be accepted if the conditions attached to the gift, grant, or donation require its expenditure in a manner contrary to law. Any gifts, grants, or donations received by a regional service council shall be submitted directly to the board of cooperative services that is acting as the regional service council's fiscal agent pursuant to subsection (7) of this section.

(7)  Each regional service council shall select one board of cooperative

services in the regional service area to act as its fiscal agent to receive the moneys from the state treasurer or any gifts, grants, or donations accepted pursuant to subsection (6.5) of this section.

Source: L. 2008: Entire article added, p. 1698, � 1, effective June 2. L. 2010:

(4) amended, (HB 10-1013), ch. 399, p. 1908, � 22, effective June 10. L. 2012: (3) amended, (HB 12-1090), ch. 44, p. 150, � 5, effective March 22.

22-5.5-107.  Regional service areas - programs and services. (1)  A regional

service area may provide any of the following services and programs, including but not limited to:

(a)  Data and assessment centers;


(b)  Shared financial services among school districts and boards of

cooperative services;

(c)  Cooperative purchases;


(d)  Technology infrastructure and support;


(e)  Distance, online learning, and other alternative learning opportunities for

students;

(f)  Precollegiate programs, counseling, and dropout prevention;


(g)  Capital construction planning assistance;


(h)  Curriculum and instructional expertise and support;


(i)  Professional development for teachers and administrators;


(j)  Regional and state initiatives;


(k)  Shared administration and support services for school districts;


(l)  Early childhood and preschool programs; and


(m)  Postsecondary partnerships and services to support student transitions

into postsecondary schools.

Source: L. 2008: Entire article added, p. 1699, � 1, effective June 2.


22-5.5-108.  Reporting requirements. On or before July 1 of the year

following the approval of a regional service area's plan pursuant to section 22-5.5-105, and on or before January 1 each year thereafter, the regional service council shall submit a written report on behalf of the regional service area to the state board and the department summarizing its activities for the calendar year, especially those activities related to the measurable goals and objectives outlined in the plan, a summary of any efficiencies or improved effectiveness achieved at the district or regional level by the regional service area, and any proposed amendments to the plan originally submitted to the state board pursuant to this article.

Source: L. 2008: Entire article added, p. 1700, � 1, effective June 2.

ARTICLE 6

Comprehensive Educational Planning

22-6-101 to 22-6-113. (Repealed)


Source: L. 84: Entire article repealed, p. 584, � 1, effective March 19.


Editor's note: This article was numbered as article 43 of chapter 123 in C.R.S.

1. For amendments to this article prior to its repeal in 1984, 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 7

Educational Accountability

Editor's note: This article was numbered as article 41 of chapter 123 in C.R.S.

1. This article was amended with relocations in 1997, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this article prior to 1997, 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. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated.

PART 1

LOCAL ACCOUNTABILITY PROGRAMS

22-7-101 to 22-7-107. (Repealed)


Source: L. 2009: Entire part repealed, (SB 09-163), ch. 293, p. 1525, � 5,

effective May 21.

Editor's note: This article was amended with relocations in 1997, and this

part 1 was subsequently repealed in 2009. For amendments to this part 1 prior to its repeal in 2009, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume and the editor's note following the article heading.

PART 2

EDUCATIONAL ACHIEVEMENT

22-7-201 to 22-7-207. (Repealed)


Source: L. 2009: Entire part repealed, (SB 09-163), ch. 293, p. 1525, � 5,

effective May 21.

Editor's note: This article was amended with relocations in 1997, and this

part 2 was subsequently repealed in 2009. For amendments to this part 2 prior to its repeal in 2009, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume and the editor's note following the article heading.

PART 3

COLORADO STATE ADVISORY COUNCIL

FOR PARENT INVOLVEMENT IN EDUCATION

Editor's note: This article was amended with relocations in 1997, and this

part 3 was repealed in 1997 and subsequently recreated and reenacted in 2009, resulting in the addition, relocation, and elimination of sections as well as subject matter. For additional historical information concerning this article, see the editor's note following the article heading.

C.R.S. § 22-80-120

22-80-120. HVAC infrastructure improvements. On and after August 6, 2025, if the school undertakes HVAC infrastructure improvements using money from the Infrastructure Investment and Jobs Act cash fund created in section 24-75-232 (3), the school shall comply with the requirements described in section 22-32-153 in implementing the HVAC infrastructure improvements.

Source: L. 2025: Entire section added, (HB 25-1245), ch. 400, p. 2271, � 6,

effective August 6.

Cross references: For the legislative declaration in HB 25-1245, see section 1

of chapter 400, Session Laws of Colorado 2025.

ARTICLE 81

Pre-K-16 Mathematics, Science,

and Technology Improvement

PART 1

PRE-K-16 MATHEMATICS, SCIENCE, AND

TECHNOLOGY EDUCATION STRATEGIC PLAN

C.R.S. § 23-3-107

23-3-107. Age qualification for loan guarantee. Any person otherwise qualifying for a loan shall not be disqualified to receive a loan under the guarantee loan program by reason of his being under the age of twenty-one years. For the purpose of applying for, receiving, and repaying a loan, any person shall be deemed to have full legal capacity to act and shall have all the rights, powers, privileges, and obligations of a person of legal age with respect thereto.

Source: L. 68: p. 174, � 1. C.R.S. 1963: � 124-22-18.


Cross references: For age of competence generally, see � 13-22-101.

ARTICLE 3.1

Student Loan Program

Cross references: For exclusion from the Uniform Consumer Credit Code of

loans made or guaranteed by an agency, instrumentality, or political subdivision of the state pursuant to this article, see � 5-1-202 (1)(f); for the Higher Education Act of 1965, see 20 U.S.C. 1001 et seq.

PART 1

ADMINISTRATION OF PROGRAM

23-3.1-101.  Legislative declaration. The general assembly hereby declares

that the availability of improved access to and choice of higher education opportunities in this state will benefit the residents of this state and that the establishment of a student loan program will assist such residents in meeting the expenses incurred in availing themselves of such opportunities.

Source: L. 79: Entire article added, p. 807, � 1, effective July 1. L. 84: Entire

section amended, p. 617, � 1, effective April 10.

23-3.1-102.  Definitions. As used in this article 3.1 or in the specified portion

of this article 3.1, unless the context otherwise requires:

(1)  Borrower means any person who receives a loan made, originated,

disbursed, serviced, or guaranteed by the division, or made, purchased, originated, disbursed, or serviced by collegeinvest, created by part 2 of this article, or made from or in anticipation of an institutional loan as defined in section 23-3.1-202 by one or more institutions of higher education or a nonprofit corporation acting on behalf of one or more institutions of higher education.

(1.3)  Clock hour means a period of time that is the equivalent of:


(a)  A fifty-to-sixty-minute class, lecture, or recitation; or


(b)  A fifty-to-sixty-minute faculty-supervised laboratory, shop training, or

internship.

(1.5)  Commission means the Colorado commission on higher education.


(2)  Department means the department of higher education.


(3)  Director, as used in this part 1, means the director of the division.


(4)  Division means the student loan division in the department which shall

constitute the successor division for all obligations incurred by the loan guarantee division formerly established by this part 1.

(4.2)  Educational loan means a student loan which is:


(a)  Secured in such manner as the division or the authority created by part 2

of this article deems appropriate or prudent; and

(b)  Not authorized by Title IV, Part B of the federal Higher Education Act of

1965, as amended.

(4.5)  Guaranteed student loan means a student loan authorized by Title IV,

Part B of the federal Higher Education Act of 1965, as amended.

(5)  Institution of higher education means an educational institution which

meets all of the following criteria:

(a)  It admits as regular students persons having a certificate of graduation

from a school providing secondary education or comparable qualifications and persons for enrollment in courses which they reasonably may be expected to complete successfully or persons who have the ability to benefit from the training offered;

(b) (I)  It is a college, university, or community or local district college inside

the United States which is either accredited by a nationally recognized accrediting agency or association or, if not so accredited, meets the alternative criteria set forth in the federal Higher Education Act of 1965, as amended, 20 U.S.C. sec. 1085 (b); or

(II)  It is a vocational or occupational school inside the United States which is

either accredited by a nationally recognized accrediting agency or association or meets the criteria set forth in the federal Higher Education Act of 1965, as amended, 20 U.S.C. sec. 1085 (c)(4), and, in the case of private occupational schools located in Colorado, holds a certificate of approval as required by article 64 of this title 23;

(c) (I)  It provides an educational program for which it awards a bachelor's

degree; or

(II)  It provides not less than a two-year program which is acceptable for full

credit towards such a degree; or

(III)  It provides not less than a one-year program of training to prepare

students for gainful employment in a recognized occupation; or

(IV)  It is a private occupational school providing a program of not less than

three hundred clock hours of classroom instruction or its equivalent to prepare students for gainful employment in a recognized occupation.

(6)  Lender means any bank operating under a national or state charter, any

domestic savings and loan association operating under a national or state charter, any domestic branch or agency of a foreign bank duly licensed by a state or the United States, any credit union established pursuant to federal law or the law of the state in which its principal place of operation is established, any insurance company authorized to do business within this state, any institution of higher education that applies for and receives formal approval of the division as an eligible lender pursuant to the rules of the division, any pension fund eligible under the federal Higher Education Act of 1965, 20 U.S.C. 1071 et seq., as amended, any secondary market operation established pursuant to the federal Education Amendments of 1972, as amended, or the authority created by part 2 of this article.

(7) (a)  Resident means any person attending an institution of higher

education in Colorado, any person attending an institution of higher education outside Colorado who would qualify for Colorado in-state tuition status under article 7 of this title, or any person attending an institution of higher education outside Colorado who has applied for a loan from a lender approved by the division.

(b)  Resident includes a parent of any person specified in paragraph (a) of

this subsection (7) if such person is a dependent of such parent.

(8)  Student loan means a loan made to finance higher education

opportunities or to consolidate or refinance loans made to finance higher education opportunities, which loan is made, originated, disbursed, or serviced by the division or by collegeinvest, created pursuant to part 2 of this article, or which one or more institutions of higher education or a nonprofit corporation acting on behalf of one or more institutions of higher education may make from or in anticipation of an institutional loan as defined in section 23-3.1-202 or which is guaranteed by the division and may include guaranteed student loans and educational loans.

Source: L. 79: Entire article added, p. 807, � 1, effective July 1. L. 81: (1) R&RE,

(1.5) added, and (7) amended, p. 1087, �� 1, 2, effective May 29; (5)(b) and (5)(c)(IV) amended, p. 852, � 26, effective July 1. L. 82: (1.3) added and (5)(c)(IV) amended, p. 342, � 1, effective March 22. L. 83: (5)(a) and (5)(b) amended, p. 782, � 1, effective April 5; (6) amended, p. 784, � 1, effective April 5. L. 84: (1) and (4) R&RE, (4.2), (4.5), and (8) added, and (6) amended, p. 617, 618, �� 2, 3, effective April 10; (6) amended, p. 376, � 12, effective July 1. L. 85: (7)(a) amended, p. 773, � 2, effective April 5. L. 2000: IP and (3) amended, p. 1296, � 17, effective May 26. L. 2004: (1), (6), and (8) amended, p. 558, � 1, effective July 1. L. 2017: IP and (5)(b)(II) amended, (HB 17-1239), ch. 261, p. 1205, � 11, effective August 9.

23-3.1-103.  Division created - director - staff. (1)  The student loan division

and the office of the director of the division are created in the department of higher education. The division and the office of the director of the division are type 2 entities, as defined in section 24-1-105, and exercise their powers and perform their duties and functions under the department. The director of collegeinvest is the director of the division. The director, with the approval of the executive director of the commission, shall employ such professional and clerical personnel as deemed necessary to carry out the duties and functions of the division. The director and professional personnel hold educational offices and are exempt from the state personnel system.

(2)  Personnel hired by the director, with the approval of the executive

director of the commission, on and after July 1, 2002, to carry out the duties and functions of the division shall receive compensation for their services as determined by the director. Such personnel are declared to hold educational offices and to be exempt from the state personnel system but shall, by acceptance of employment, be subject to the provisions of article 51 of title 24, C.R.S.

(3)  Any personnel hired within the state personnel system pursuant to

subsection (1) of this section prior to July 1, 2002, shall retain all rights related to state personnel system and retirement benefits under the laws of this state until termination of employment with the division; except that, if such personnel accept a promotion, a voluntary demotion, or a transfer for purposes of a change of duties performed for the benefit of the division, such personnel shall become exempt from the state personnel system. Nothing in this subsection (3) shall prohibit personnel hired prior to July 1, 2002, from continuing membership in the public employees' retirement association pursuant to the provisions of article 51 of title 24, C.R.S., with all attendant rights and duties.

Source: L. 79: Entire article added, p. 808, � 1, effective July 1. L. 84: Entire

section amended, p. 618, � 4, effective April 10. L. 2002: Entire section amended, p. 961, � 1, effective June 1. L. 2006: (1) amended, p. 511, � 1, effective July 1. L. 2022: (1) amended, (SB 22-162), ch. 469, p. 3354, � 12, effective August 10.

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.

23-3.1-103.5.  Enterprise status of division. (1) (a)  The division shall

constitute an enterprise for the purposes of section 20 of article X of the state constitution so long as the division retains the authority to issue revenue bonds and the division receives less than ten percent of its total annual revenues in grants from all Colorado state and local governments combined.

(b) and (c)  (Deleted by amendment, L. 2006, p. 511, � 2, effective July 1, 2006.)


(d)  Repealed.


(2) (a)  As used in this section, grant means any direct cash subsidy or other

direct contribution of money from the state or any local government in Colorado which is not required to be repaid.

(b)  Grant does not include:


(I)  Any indirect benefit conferred upon the division from the state or any

local government in Colorado;

(II)  Any revenues resulting from rates, fees, assessments, or other charges

imposed by the division for the provision of goods or services by the division;

(III)  Any federal funds, regardless of whether such federal funds pass

through the state or any local government in Colorado prior to receipt by the division.

(3)  Repealed.


Source: L. 93: Entire section added, p. 1827, � 11, effective June 6. L. 94: (1)

amended, p. 100, � 3, effective March 18. L. 95: (3) added, p. 717, � 1, effective May 23. L. 2000: (3) repealed, p. 29, � 1, effective March 10. L. 2006: (1)(a), (1)(b), and (1)(c) amended, p. 511, � 2, effective July 1.

Editor's note: Subsection (1)(d)(II) provided for the repeal of subsection (1)(d),

effective July l, 1994. (See L. 94, p. 100.)

23-3.1-104.  Duties and powers of division - rules. (1)  The division shall:


(a)  Promulgate rules and regulations for administration of the Colorado

student loan program established by this article, including but not limited to the following:

(I)  Criteria for eligibility of borrowers, lenders, and institutions of higher

education to participate in the network;

(II)  Procedures to be followed by participating borrowers, lenders, and

institutions of higher education;

(III)  With the advice of the authority created by part 2 of this article,

procedures and criteria by which the powers of the division pursuant to section 23-3.1-104.5 may be exercised;

(b)  Approve or arrange for approval of loan applications for guarantee;


(c)  Establish the level of the insurance premium charged to borrowers of

guaranteed student loans, not to exceed the amount permitted by federal law;

(d)  Assist lenders in seeking payment from delinquent borrowers;


(e)  Purchase defaulted guaranteed student loans promptly;


(f)  Collect or provide for the collection of defaulted guaranteed student

loans purchased from lenders;

(g)  Repealed.


(h)  Train lenders in the requirements of the network;


(i)  Evaluate lender performance in the network;


(j)  Train personnel of institutions of higher education in the requirements of

the network;

(k)  Evaluate the performance of institutions of higher education in the

network;

(l)  Educate borrowers in the requirements of the network;


(m)  Communicate on a periodic basis with borrowers to inform them of the

status of their loans;

(n)  Bill the federal government for administrative allowances and

reinsurance payments;

(o)  Repealed.


(p) (I)  At times prescribed by the department of revenue, but not less

frequently than annually, certify to the department of revenue information regarding persons who owe a loan repayment to the division, the amount of which has been determined to be owing as a result of a final agency determination or judicial decision pursuant to section 39-21-108 (3), C.R.S., or which has been reduced to judgment.

(II)  Such information shall include the name and social security number of

the person owing the debt, the amount of the debt, and any other identifying information required by the department of revenue.

(III)  Upon notification by the department of revenue of amounts deposited

with the state treasurer pursuant to section 39-21-108 (3), C.R.S., the state treasurer shall disburse such amounts to the division.

(q) (I)  At least quarterly, certify to the controller information regarding

persons who owe a loan repayment to the division.

(II)  Such information shall include the name and social security number of

the person owing the debt, the amount of the debt, and any other identifying information required by the controller.

(III)  Upon notification by the controller to the state agency of amounts

deposited with the state treasurer pursuant to section 24-30-202.4 (3.5)(a)(V), C.R.S., the state treasurer shall disburse such amounts to the division.

(2)  The division may:


(a)  Permit lenders to require cosigners;


(b)  Provide incentives to lenders, which may include but are not limited to:


(I)  Billing the federal government for interest payments owed to lenders;


(II)  Preparing federal reports required of lenders;


(III)  Guaranteeing, originating, servicing, making, and purchasing

consolidation loans and refinancing loans pursuant to the provisions of section 23-3.1-112;

(IV)  Verifying in-school status of students;


(c)  Employ legal counsel;


(d)  Garnish wages of defaulted borrowers;


(e)  Enter into contracts and guarantee agreements with approved lenders,

approved institutions of higher education, state and federal governmental agencies, and corporations, including agreements for federal insurance of losses resulting from death, default, bankruptcy, or total and permanent disability of borrowers. Contracts with corporations to provide services shall clearly specify the role and duties of such corporations and may be entered into without regard to the provisions of the Procurement Code, articles 101 to 112 of title 24, C.R.S., without regard to the provisions of section 17-24-111, C.R.S., and without regard to the provisions of part 11 of article 30 of title 24, C.R.S.

(f)  Make, originate, disburse, service, or guarantee student loans;


(g)  Establish the level of insurance premium or interest rate charged to the

borrowers of student loans;

(h)  Purchase defaulted student loans;


(i)  Collect or provide for the collection of defaulted student loans purchased

from lenders;

(j) and (k)  Repealed.


(l)  Advise the commission and the department on matters pertaining to

student loans;

(m)  Make and enter into contracts and all other instruments necessary or

convenient for the exercise of its powers and functions pursuant to this part 1 without regard to the provisions of the Procurement Code, articles 101 to 112 of title 24, C.R.S., without regard to the provisions of section 17-24-111, C.R.S., and without regard to the provisions of part 11 of article 30 of title 24, C.R.S.;

(n)  Do all things necessary or convenient to carry out the purposes of this

part 1;

(o)  Repealed.


(p)  Require a lender or institution of higher education to take reasonable

corrective action to remedy a violation of applicable laws, regulations, special arrangements, agreements, or limitations, including but not limited to requiring such lender or institution to make payments to the secretary of the United States department of education, the division, or their designated recipients of any funds that the lender or institution improperly received, withheld, or disbursed or caused to be disbursed;

(q)  Establish an investigations unit, which shall have the following powers

and duties:

(I)  To conduct investigations, as it deems necessary, to determine whether

applications and other data submitted to the division contain any misrepresentations or false statements made for the purpose of cheating or defrauding and to locate defaulted borrowers;

(II)  To investigate, as it deems necessary, alleged violations of any state or

federal criminal statute related to fraud committed by any person who has obtained or attempted to obtain or who aids, assists, or abets in obtaining or attempting to obtain student loans or loan guarantees or other money from the division;

(III)  To work in conjunction with the appropriate law enforcement and

prosecuting authorities in the investigation and prosecution of cases where evidence of criminal activity exists;

(IV)  To request and obtain information, assistance, and data from any

department, division, board, bureau, commission, or other agency of the local, state, or federal government, including, but not limited to, arrest and conviction records available from any law enforcement agency or crime information center pursuant to the provisions of part 3 of article 72 of title 24, C.R.S.

(3)  All rules promulgated by the division pursuant to subsection (1)(a) of this

section are subject to section 24-4-103. Any guarantee made pursuant to any rule continues to be governed by the rule in effect at the time when the guarantee was made, whether or not the rule has been continued.

Source: L. 79: Entire article added, p. 808, � 1, effective July 1. L. 80: (3)

amended, p. 787, � 20, effective June 5. L. 81: (1)(a)(I), (1)(a)(II), (1)(c), (1)(l), (1)(m), (1)(o), and (2)(e) amended, p. 1087, � 3, effective May 29. L. 84: (1)(p) added and (2)(d) amended, p. 1008, �� 1, 2, effective March 29; (2)(f) to (2)(o) added, p. 619, 1008, �� 5, 2, 6, effective April 10. L. 85: (2)(p) added, p. 773, � 4, effective April 5; (2)(q) added, p. 776, � 1, effective April 30. L. 87: (2)(b)(III) amended, p. 845, � 1, effective February 26. L. 97: (1)(q) added, p. 941, � 4, effective July 1. L. 2002: (2)(e) and (2)(m) amended, p. 962, � 2, effective June 1; (1)(p)(I) amended, p. 100, � 2, effective August 7. L. 2004: IP(1)(a), (1)(a)(I), (1)(g), (1)(h), (1)(i), (1)(j), (1)(k), (1)(l), (2)(j), and (2)(o) amended, pp. 578, 559, �� 38, 2, effective July 1. L. 2006: IP(1)(a) amended, p. 512, � 5, effective July 1. L. 2010: (1)(g), (1)(o), (2)(j), (2)(k), and (2)(o) repealed, (HB 10-1428), ch. 390, p. 1829, � 4, effective June 9. L. 2022: (3) amended, (SB 22-091), ch. 28, p. 168, � 4, effective August 10.

23-3.1-104.5.  Additional powers of division. (1)  The division is hereby

authorized to make, originate, disburse, or service student loans directly to residents. Resident for the purpose of this section means any person attending an institution of higher education in Colorado, or any person attending an institution of higher education outside Colorado who would qualify for Colorado in-state tuition status under article 7 of this title. In order to obtain funds to make, originate, disburse, or service such student loans, the division is authorized to borrow or enter into other types of agreements with any person, corporation, financial institution, state or federal authority, political subdivision, or state or federal government agency for the advancement of funds for such purposes, so long as such student loans are insured against default.

(1.5)  Repealed.


(2)  Any agreement made by the division to repay funds borrowed from any

person, corporation, financial institution, state or federal authority, political subdivision, or state or federal government agency shall not constitute or become an indebtedness, a debt, or a liability of the state or constitute the giving, pledging, or loaning of the full faith and credit of the state. Repayment of such borrowed funds shall be made solely from funds received from proceeds or earnings derived from the funds borrowed, from borrowers and insurers, or from federal payments, and the state shall have no liability with respect to such an agreement.

(3)  The division is hereby authorized to issue revenue bonds after approval

by both houses of the general assembly either by bill or by joint resolution and after approval by the governor in accordance with section 39 of article V of the state constitution.

Source: L. 81: Entire section added, p. 1088, � 4, effective May 29. L. 84:

Entire section amended p. 619, � 7, effective April 10. L. 85: (1) R&RE, (1.5) repealed, and (2) amended, pp. 774, 775, �� 5, 10, 6, effective April 5. L. 93: (3) added, p. 1827, � 12, effective June 6. L. 2006: (3) amended, p. 513, � 6, effective July 1.

23-3.1-104.7.  Restructuring plan - legislative declaration. (1)  The general

assembly hereby finds and declares that:

(a)  Due to changes in federal law, the department shall no longer be involved

in student loans that are guaranteed by the federal government;

(b)  There are a number of employees of the division that are involved in

originating, disbursing, servicing, and administering student loans that are guaranteed by the federal government; and

(c)  It is in the best interest of the state for the department to prepare and

submit to the general assembly a restructuring plan to deal with the changes in administering student loans.

(2)  On or before January 1, 2011, the department shall prepare and submit to

the education committees of the senate and the house of representatives, or any successor committees, a restructuring plan to deal with changes in administering student loans. The plan shall address, but need not be limited to, the following issues:

(a)  Any ongoing or future role for the Colorado student obligation bond

authority;

(b)  Whether the division should continue to originate, disburse, service,

guarantee, and administer student loans;

(c)  If the division does not continue administering student loans, the entity

that should be responsible for such administration and the authority that entity may need;

(d)  The number of employees necessary to administer student loans; and


(e)  The employment of persons who formerly were responsible for

administering student loans guaranteed by the federal government.

Source: L. 2010: Entire section added, (HB 10-1428), ch. 390, p. 1827, � 1,

effective June 9.

23-3.1-105.  Advisory committee established - duties - membership -

repeal. (Repealed)

Source: L. 79: Entire article added, p. 810, � 1, effective July 1. L. 84: IP(1)

amended, p. 620, � 8, effective April 10. L. 86: (3) added, p. 413, � 21, effective March 21. L. 91: (2) and (3) amended, p. 695, � 8, effective April 20. L. 2004: Entire section R&RE, p. 372, � 1, effective April 8. L. 2006: Entire section repealed, p. 512, � 3, effective July 1.

23-3.1-106.  Student loan program established. (1) (a)  There is hereby

established a student loan program, to be administered by the division, which shall guarantee, in accordance with applicable provisions of federal law, a percentage of the unpaid principal and interest on all guaranteed student loans approved by the division. No guaranteed student loan shall be guaranteed to a percentage or an amount in excess of the limits authorized by federal law, nor shall interest charged on any guaranteed student loan exceed the interest rate permitted by federal law, but each guaranteed student loan may carry a special loan insurance premium which shall not exceed that permitted by federal law. No guaranteed student loan shall be guaranteed or made to any borrower which would not be eligible for federal reinsurance as authorized by Title IV, Part B of the federal Higher Education Act of 1965, as amended. A loan guarantee made by the division in good faith for a student loan which has been disbursed and which does not meet the requirements of this article, except for cases of misfeasance by the holder, shall not be invalidated.

(b)  On and after July 1, 2006, the student loan program established pursuant

to paragraph (a) of this subsection (1) shall be formally and legally known as and designated the Colorado student loan program. On and after July 1, 2006, whenever the student loan program or the guaranteed student loan program is referred to or designated by a contract or other document, such reference or designation shall be deemed to apply to the Colorado student loan program. All contracts entered into by or on behalf of the student loan program or the guaranteed student loan program prior to July 1, 2006, are hereby validated as obligations of the Colorado student loan program.

(2)  It is the intent of the general assembly that the Colorado student loan

program established by subsection (1) of this section shall operate in such a manner that its costs can be fully met by user fees and federal payments.

(3) (a)  Loan guarantees made by the division shall not constitute or become

an indebtedness, a debt, or a liability of the state, nor shall such loan guarantees constitute the giving, pledging, or loaning of the full faith and credit of the state. The state shall have no liability with respect to loan guarantees which shall be payable solely from the user fees and federal payments provided for in section 23-3.1-107.

(b)  The loan guarantees shall not obligate the state, directly, indirectly, or

contingently, nor empower the state or the general assembly to levy or collect any form of taxes or assessments, to create any indebtedness payable out of taxes or assessments, or to make any appropriation for their payment, and any such appropriation, levy, or collection is prohibited. Nothing in this part 1 shall be construed to authorize the division to create a debt of the state within the meaning of the constitution or statutes of Colorado or to authorize the division to levy or collect any form of taxes or assessments.

(c)  The state shall not be liable in any event for the purchase of defaulted

loans made, originated, disbursed, serviced, or guaranteed by the division or for the performance of any pledge, obligation, or agreement of any kind in connection with such loans which may be undertaken by the division except from the user fees and federal payments provided for in section 23-3.1-107. No breach of any such pledge, obligation, or agreement shall impose any pecuniary liability upon the state or a charge upon the general credit or taxing power of the state.

(4)  On and after July 1, 2015, the Colorado student loan program may enter

into an agreement with the department or another state entity to administer all or part of the college opportunity fund program created in parts 1 and 2 of article 18 of this title 23.

Source: L. 79: Entire article added, p. 811, � 1, effective July 1. L. 81: (3)(c)

amended, p. 1088, � 5, effective May 29. L. 84: (1), (2), and (3)(c) amended, p. 620, � 9, effective April 10. L. 85: (1) amended, p. 774, � 7, effective April 5. L. 94: (1) amended, p. 453, � 1, effective March 29. L. 2004: (1) and (2) amended, p. 559, � 3, effective July 1. L. 2006: (1)(b) and (2) amended, p. 513, � 7, effective July 1. L. 2017: (4) added, (HB 17-1131), ch. 29, p. 84, � 2, effective March 8.

23-3.1-106.5.  Special funds. (1)  The division may create a special fund into

which any funds borrowed from any person, corporation, financial institution, state or federal authority, political subdivision, or state or federal agency pursuant to the provisions of section 23-3.1-104.5 (1) may be deposited.

(1.5)  Repealed.


(2)  All moneys deposited or paid into any special fund established by this

section shall be continuously available and are hereby appropriated to the division to be expended in accordance with the provisions of this article. Any income from the investment of this special fund shall be deposited in such fund.

Source: L. 81: Entire section amended, p. 1089, � 6, effective May 29. L. 84:

Entire section amended, p. 621, � 10, effective April 10. L. 85: (1) amended and (1.5) repealed, p. 775, �� 8, 10, effective April 5.

23-3.1-107.  Student loan guarantee fund - created. (1) (a)  There is hereby

created in the state treasury a fund to be known as the student loan guarantee fund that shall contain:

(I)  A reserve account for guaranteed student loans that is established to

fulfill the functions of the federal student loan reserve fund established by section 422A of the federal Higher Education Act of 1965, as amended;

(II)  An operating account that is established to fulfill the functions of the

agency operating fund established by section 422B of the federal Higher Education Act of 1965, as amended;

(III)  A loan servicing account; and


(IV)  Such other accounts as the division may require.


(b)  The reserve account shall be used only for those purposes permitted by

section 422A of the federal Higher Education Act of 1965, as amended. All moneys required to be deposited by the division in the federal student loan reserve fund created by said act shall be deposited in the reserve account. The division shall maintain at all times a minimum reserve requirement that is equal to, and calculated in the same manner as, that which is required for the federal student loan reserve fund established by said act. Such minimum reserve requirement may be maintained in cash in such account or in federal reinsurance receivables held by the division.

(c)  The operating account shall be used only for those purposes permitted by

section 422B of the federal Higher Education Act of 1965, as amended. All moneys required to be deposited by the division in the agency operating fund created by said act shall be deposited in the operating account.

(d)  The loan servicing account shall be used for the deposit of revenues

generated by the division's loan servicing activities and for the payment of expenses related to those activities. Until such time as the division has reached agreement with the federal department of education as to the monetary amount of any federal interest in the loan servicing account, and has made arrangements to satisfy that interest, moneys in the loan servicing account shall be considered the property of the United States. After any federal interest in the loan servicing account has been satisfied pursuant to the agreement, all revenues remaining in the loan servicing account, after payment of expenses attributable to the account, may be transferred to either the operating account or the reserve account for such uses as are permitted for those accounts.

(e)  Other income earned or received by the division that is not required to be

deposited in the reserve account or the loan servicing account may be deposited in the operating account, which shall be used to pay staff compensation and other expenses of the division.

(f)  Repealed.


(2)  All moneys deposited or paid into the student loan guarantee fund,

including any interest earned from the investment of this fund and income earned or received by the division, shall be continuously available and are hereby appropriated to the division to be expended in accordance with the provisions of this article. Any income or interest earned from the investment of this fund shall be credited to the student loan guarantee fund. Such investment income or interest, together with any other income earned or received by the division, shall be apportioned to each account as required by applicable law and may be used only for the purposes permitted thereby.

Source: L. 79: Entire article added, p. 811, � 1, effective July 1. L. 84: Entire

section R&RE, p. 621, � 11, effective April 10. L. 85: (1)(b) amended, p. 775, � 9, effective April 5. L. 91: (1)(b) amended, p. 590, � 1, effective March 28. L. 2001: (1) R&RE and (2) amended, pp. 165, 166, �� 1, 2, effective March 28. L. 2004: (1)(f) repealed, p. 202, � 18, effective August 4.

23-3.1-108.  Age qualification. Any person otherwise qualifying for a student

loan shall not be disqualified to receive a student loan under the Colorado student loan program by reason of being under the age of eighteen years. For the purpose of applying for, receiving, and repaying a student loan, any person shall be deemed to have full legal capacity to act and shall have all the rights, powers, privileges, and obligations of a person of legal age with respect thereto.

Source: L. 79: Entire article added, p. 812, � 1, effective July 1. L. 84: Entire

section amended, p. 622, � 12, effective April 10. L. 2004: Entire section amended, p. 578, � 39, effective July 1. L. 2006: Entire section amended, p. 513, � 8, effective July 1.

23-3.1-109.  Subject to audit. The Colorado student loan program shall be

audited annually by the state auditor.

Source: L. 79: Entire article added, p. 812, � 1, effective July 1. L. 81: Entire

section amended, p. 341, � 4, effective March 27. L. 84: Entire section amended, p. 622, � 13, effective April 10. L. 96: Entire section amended, p. 1238, � 83, effective August 7. L. 99: Entire section amended, p. 849, � 3, effective May 24. L. 2004: Entire section amended, p. 578, � 40, effective July 1. L. 2006: Entire section amended, p. 513, � 9, effective July 1.

Cross references: For the legislative declaration contained in the 1996 act

amending this section, see section 1 of chapter 237, Session Laws of Colorado 1996.

23-3.1-110.  Designation as sole state agency. The division is the agency

authorized to enter into contracts concerning the programs established by Title IV, Part B of the federal Higher Education Act of 1965, 20 U.S.C. 1071, as amended. To the extent any fiscal policies required by the federal Higher Education Act of 1965, 20 U.S.C. 1071, as amended, are in conflict with state fiscal policies, the division shall comply with the required federal policies.

Source: L. 79: Entire article added, p. 812, � 1, effective July 1. L. 2004: Entire

section amended, p. 578, � 37, effective July 1.

23-3.1-111.  Authority of division to enter into agreements to provide

administrative and guarantee services. (1) The division is hereby authorized to enter into contracts or other agreements or both contracts and other agreements with private or public entities to make, originate, disburse, or service guaranteed student loans, educational loans, and student loans. Such authorization includes but shall not be limited to the power to enter into agreements with collegeinvest, established by part 2 of this article, to make, originate, disburse, or service institutional loans and student obligations as those terms are defined in section 23-3.1-202, whether or not such institutional loans and student obligations are eligible for federal reinsurance as authorized by Title IV, Part B of the federal Higher Education Act of 1965, as amended.

(2)  The division may enter into contracts or other agreements or both

contracts and other agreements with private or public entities to guarantee or reinsure student loans or educational loans which may include but not be limited to guaranteeing or reinsuring the institutional loans or student obligations as those terms are defined in section 23-3.1-202.

(3)  No guarantee or reinsurance agreement made by the division pursuant to

subsection (2) of this section shall constitute or become an indebtedness, a debt, or a liability of the state, nor shall such loan guarantee constitute the giving, pledging, or loaning of the full faith and credit of the state.

(4)  All income and interest thereon earned pursuant to the exercise of the

power established in subsections (1) and (2) of this section are continuously available and are hereby appropriated to the division and may be used to pay the operating expenses thereof, or a portion of such income or interest may be deposited into any applicable reserve or guarantee account.

Source: L. 84: Entire section added, p. 622, � 14, effective April 10. L. 2004:

(1) and (2) amended, p. 560, � 4, effective July 1.

23-3.1-112.  Authority and power of the division to guarantee, originate,

service, make, and purchase consolidation loans and refinancing loans. (1) Notwithstanding any provisions or definitions contained in this article to the contrary, the division is hereby authorized to guarantee, originate, service, make, and purchase consolidation loans and refinancing loans for all persons eligible for the consolidation and refinancing of student loans under Part B of Title IV of the federal Higher Education Act of 1965, as amended. For the purposes of this section, student loans means, notwithstanding any provisions of this article to the contrary, those loans eligible for consolidation and refinancing under the federal provisions of Part B of Title IV of the Higher Education Act of 1965, as amended.

(2)  The powers and duties of the division specified in section 23-3.1-104 shall

also pertain to the authority of the division with respect to consolidation loans and refinancing loans under this section.

Source: L. 87: Entire section added, p. 845, � 2, effective February 26.

PART 2

STUDENT OBLIGATIONS AND INSTITUTIONAL LOANS

23-3.1-201.  Legislative declaration. The general assembly hereby declares

that the availability of improved access to and choice of higher education opportunities in this state will benefit the residents of the state and that the establishment of a prepaid postsecondary education expense program will assist residents in meeting the expenses incurred in availing themselves of higher education opportunities. It is the intent of the general assembly in enacting this part 2 to create collegeinvest, which shall be a division within the department of higher education and which authority shall make or purchase student obligations and shall develop and administer a prepaid postsecondary education expense program. This part 2 shall be liberally construed to accomplish the intentions expressed in this section.

Source: L. 79: Entire article added, p. 812, � 1, effective July 1. L. 84: Entire

section amended, p. 623, � 15, effective April 10. L. 96: Entire section amended, p. 421, � 1, effective April 22. L. 2000: Entire section amended, p. 1268, � 1, effective May 26. L. 2004: Entire section amended, p. 560, � 5, effective July 1. L. 2010: Entire section amended, (HB 10-1428), ch. 390, p. 1830, � 5, effective June 9.

23-3.1-202.  Definitions. As used in this part 2, unless the context otherwise

requires:

(1)  Advance payment contract means a contract entered into by the

authority, as defined in subsection (2) of this section, and a purchaser in connection with the prepaid postsecondary education expense program as authorized in section 23-3.1-206.7.

(2)  Authority means collegeinvest, transferred to the department and

existing as a division of the department pursuant to section 23-3.1-203.

(3)  Board means the board of directors of the authority.


(4)  Bond means any bond, note, debenture, interim certificate, or other

evidence of indebtedness authorized to be issued by the authority pursuant to this part 2, including refunding bonds.

(5)  Bond resolution means the resolution authorizing the issuance of or

providing the terms and conditions related to bonds issued pursuant to this part 2 and includes any trust agreement or trust indenture providing terms and conditions for such bonds.

(6)  Collegeinvest means:


(a)  The Colorado student obligation bond authority, as it existed prior to May

26, 2000, as an independent public body politic in accordance with section 23-3.1-203, as it existed prior to said date;

(b)  On and after May 26, 2000, but prior to July 1, 2004, the Colorado student

obligation bond authority transferred to the department and existing as a division of the department pursuant to section 23-3.1-203, as it existed prior to said date;

(c)  On and after July 1, 2004, the successor to the Colorado student

obligation bond authority existing as a division of the department pursuant to section 23-3.1-203, but designated and formally and legally known, as of July 1, 2004, as collegeinvest.

(7)  Contract price means the aggregate of all payment amounts to be

remitted during the contract term by purchasers under the outstanding advance payment contracts as provided on the respective dates of execution thereof.

(8)  Director means the executive officer of collegeinvest, appointed in

accordance with section 23-3.1-203.

(9)  Excess amount means the assets in the Colorado prepaid

postsecondary education expense trust fund that the actuarial calculation under section 23-3.1-206.7 (5) demonstrates are in excess of the assets required to pay the obligations of the prepaid expense trust fund with a likelihood of such sufficiency of at least ninety-five percent.

(10)  Executive director means the executive director of the department of

higher education.

(11)  Executive officer means the director of collegeinvest, transferred to

the department and existing as a division of the department pursuant to section 23-3.1-203.

(12)  Expected tuition units means the total tuition units paid for and not

distributed or refunded together with the portion of tuition units available for purchase under outstanding advance payment contracts that, based on an actuarial projection, are expected to be paid for and become obligations of the Colorado prepaid postsecondary education expense trust fund.

(13)  Institutional loan means a loan made by collegeinvest from bond

proceeds, or other available moneys, to one or more institutions of higher education, to a nonprofit corporation acting on behalf of one or more institutions of higher education, to the division, or to purchasers, and made for the purpose of funding student obligations or payments to be made under advance payment contracts.

(14)  Investable assets means cash and cash equivalents on deposit in the

prepaid expense trust fund and investments of amounts deposited to the prepaid expense trust fund.

(15)  Prepaid expense program means the Colorado prepaid postsecondary

education expense program authorized in section 23-3.1-206.7.

(16)  Prepaid expense trust fund means the Colorado prepaid

postsecondary education expense trust fund established by the authority in accordance with section 23-3.1-206.7 (5) and transferred on May 26, 2000, pursuant to section 23-3.1-206.7 (5).

(17)  Purchaser means a person who makes or is obligated to make a

payment or payments in accordance with an advance payment contract on behalf of a qualified beneficiary.

(18)  Qualified beneficiary means a person identified in an advance payment

contract as the recipient of moneys or benefits to be disbursed in accordance with an advance payment contract.

(19)  State institution shall have the same meaning as provided in section

23-3.3-101 (4).

(20)  Student means a student who, under rules promulgated by the

division, is enrolled or accepted for enrollment at an institution of higher education and who is making suitable progress in his or her education toward obtaining a degree or other appropriate certification in accordance with standards promulgated by the division.

(21)  Student obligations means student obligation notes and other debt

obligations evidencing loans made for higher education purposes, or to any person for the purposes of consolidating or refinancing loans for higher education purposes, which are either guaranteed student loans, educational loans, or loans eligible for consolidation or refinancing under Part B of Title IV of the federal Higher Education Act of 1965, as amended, which the authority may make, acquire, buy, sell, or endorse pursuant to this part 2, or which one or more institutions of higher education, or a nonprofit corporation acting on behalf of one or more institutions of higher education, or the division may make from or in anticipation of an institutional loan and which include a direct or indirect interest, in whole or part, of the notes or obligations.

(22)  Tuition means the quarter, semester, or term charges imposed by an

institution of higher education and such fees or charges as may be included in the advance payment contract at the option of the authority.

Source: L. 79: Entire article added, p. 812, � 1, effective July 1. L. 81: (7)

amended, p. 1090, � 1, effective May 29. L. 84: (1.5) and (4.5) added and (7) amended, p. 623, � 16, effective April 10. L. 87: (7) amended, p. 846, � 3, effective February 26. L. 96: (1) and (1.5) amended and (1.2), (4.2), (4.4), (5.1), (5.2), (5.3), (5.5), (5.6), (5.7), (5.8), (5.9), and (8) added, p. 421, � 2, effective April 22. L. 2000: Entire section amended, p. 1268, � 2, effective May 26. L. 2004: Entire section R&RE, p. 560, � 6, effective July 1.

23-3.1-203.  Authority - creation - membership - transfer of personnel. (1)

Effective May 26, 2000, the authority shall be transferred to the department of higher education, and shall become a division thereof. Except as otherwise provided in this article, on and after May 26, 2000, the authority shall exercise its powers, duties, and functions under the department of higher education as if it were transferred by a type 2 transfer under the provisions of the Administrative Organization Act of 1968, article 1 of title 24, C.R.S. The director shall be appointed by the executive director, shall function as the executive officer of the authority, and shall also be director of the student loan division. The director, with the approval of the executive director, shall employ such professional and clerical personnel as may be deemed necessary to carry out the duties and functions of the authority. Such personnel shall receive compensation for their services as determined by the director. The director and all personnel of the authority are declared to hold educational offices and to be exempt from the state personnel system.

(2) (a)  Effective May 26, 2000, the board of directors of the authority, as it

existed prior to May 26, 2000, shall be transferred with the authority to the department of higher education. The board continues to consist of nine members who are appointed by the governor, with the consent of the senate. Such members must be residents of the state. The term of office of each member is four years; except that the terms shall be staggered so that no more than three members' terms expire in the same year. Each member shall serve until a successor has been appointed by the governor. Any member is eligible for reappointment. The governor shall fill any vacancy by appointment for the remainder of an unexpired term. Any member appointed by the governor when the general assembly is not in regular session, whether appointed for an unexpired term or for a full term, shall be deemed to be duly appointed and qualified until the appointment of such member is approved or rejected by the senate. Such appointment shall be submitted to the senate for its approval or rejection during the next regular session of the general assembly following the appointment.

(b)  Any member of the board appointed b

C.R.S. § 23-31-313

23-31-313. Healthy forests - vibrant communities - funds created - outreach working group - loan program - legislative declaration - definitions - repeal. (1) Short title. This section shall be known and may be cited as the Colorado Healthy Forests and Vibrant Communities Act of 2009.

(2)  Legislative declaration. The general assembly hereby declares that

addressing the wildfire risk in Colorado and the development of community wildfire protection plans to bring together federal, state, and local interests, including nongovernmental entities such as electric, gas, and water utilities, to address wildfire risk to life, property, and infrastructure in Colorado is a matter of statewide concern.

(3)  Definitions. As used in this section, unless the context otherwise

requires:

(a)  Community-based collaborative process means a process in which a

diverse range of governmental and nongovernmental stakeholders, representing a wide variety of perspectives, are meaningfully engaged in analyzing and identifying forest management needs for their community.

(b)  Community wildfire protection plan or CWPP means a plan that meets

the definition of a community wildfire protection plan in the federal Healthy Forests Restoration Act of 2003, 16 U.S.C. sec. 6511, including the minimum requirements for collaboration with local and state government representatives, including conservation districts created pursuant to article 70 of title 35, C.R.S., and county noxious weed program administrators and consultation with federal agencies and other interested nongovernmental parties, including any electric, gas, and water utilities in the affected area, and the minimum requirements for approval by representatives of local government, local fire authorities, and the forest service.

(b.5)  Director means the director of the forest service.


(c)  Forest service means the Colorado state forest service identified in

section 23-31-302.

(d)  GIS means a geographical information system, a systematic integration

of computer hardware, software, and spatial data, for capturing, storing, displaying, updating, manipulating, and analyzing geographical information in order to solve complex management problems.

(e)  Good neighbor authority means the authority of the state of Colorado

pursuant to section 331 of the federal Department of Interior and Related Agencies Appropriation Act of 2001, Pub.L. 106-291, 114 Stat. 922, or any analogous successor authority.

(f)  Temporary field capacity means full-time, temporary field support hired

by the forest service to implement projects until such time that program funding is no longer available.

(g)  Wildfire risk mitigation or fuel mitigation treatments means

preventive forest management projects or actions, which meet or exceed forest service standards or any other applicable state rules, that are designed to reduce the potential for unwanted impacts caused by wildfires, including:

(I)  The creation of a defensible space around structures;


(II)  The establishment of fuel breaks;


(III)  The thinning of woody vegetation for the primary purpose of reducing

risk to structures from wildland fire;

(IV)  The secondary treatment of woody fuels by lopping and scattering,

piling, chipping, removing from the site, broadcast burning, or prescribed burning; and

(V)  Other nonemergency preventive activities designed to reduce the

unwanted impacts caused by wildfires that the forest service may deem to be risk reduction or fuel mitigation treatments.

(h)  Wildland-urban interface means an area where structures or other

human development meet or intermingle with wildland vegetation.

(4)  Community and firefighter planning and preparedness. To help ensure

that communities and firefighters have sufficient resources, technical support, and training to adequately assess wildfire risks, the forest service shall:

(a)  Facilitate the CWPP process with communities and other entities seeking

to prepare a CWPP to ensure that state and federal CWPP standards are met;

(b)  Work with conservation districts created pursuant to article 70 of title 35,

C.R.S., county noxious weed program administrators, and other state, local, federal, and nongovernmental partners, including any electric, gas, and water utilities in the affected area, to provide CWPP standards for Colorado that promote greater consistency among CWPPs in the state and ensure that communities address community risks and values, identify protection priorities, assess their ability to respond to wildland fire, establish fuels treatment projects, and identify ways to minimize wildland-urban interface risk in the future;

(c)  Provide technical assistance to communities seeking to prepare, update,

or implement a CWPP and track the progress of CWPPs and implementation practices through GIS web-based applications; and

(d)  Provide technical assistance to the board of county commissioners of

each county to determine whether there are fire hazard areas within the unincorporated areas of the county and to assist the board of county commissioners of each county with developing CWPPs for those areas.

(e)  Repealed.


(5)  Community wildfire risk mitigation. To help communities address the

urgent need to reduce wildfire risks by supporting implementation of risk mitigation treatments that focus on protecting lives, homes, and essential community infrastructure, and by improving inventory and monitoring of forest conditions, the forest service shall:

(a)  Expand its fuels mitigation program through sixty percent cost-share

grants to address needs expressed by landowners or utility easement owners in the wildland-urban interface. In order to qualify for these funds, projects shall be included in or provide for implementation of an approved CWPP that meets the standards established pursuant to paragraph (b) of subsection (4) of this section. In awarding these grants, the forest service shall establish evaluation criteria that emphasize projects that reduce risks to the public, firefighters, and community infrastructure; that improve forest health; and that substantially leverage additional financial resources. In making grant awards, the forest service shall also prioritize projects that provide an opportunity to implement Colorado's good neighbor authority or that have been identified through a community-based collaborative process.

(b)  Hire additional field capacity to support the implementation and

monitoring of fuels mitigation grant awards;

(c)  Provide sufficient resources to conduct enhanced aerial surveys to

annually assess forest conditions, identify emerging and existing insect and disease epidemics, and make timely management decisions; and

(d)  Provide sufficient resources to assess and incorporate forest pathology

information into analysis of forest conditions and trends.

(6)  Community watershed restoration. (a)  In order to support communities

and land managers in efforts to reduce risk to people and property and increase firefighter safety, and in support of long-term ecological restoration so that the underlying condition of Colorado's forests supports a variety of values, including public water supply and high-quality wildlife habitat, the forest service shall:

(I)  Repealed.


(II)  Facilitate and work collaboratively with the division of fire prevention and

control, landowners, local governments, including conservation districts created pursuant to article 70 of title 35, C.R.S., and county noxious weed program administrators and other appropriate parties, including any electric, gas, and water utilities in the affected area, to design prescribed fire and fuel mitigation treatment projects and to encourage increased responsible use of prescribed fire and fuel mitigation treatments as a tool for restoring healthy forest conditions consistent with programs established pursuant to section 25-7-106 (7) and (8), C.R.S., and section 24-33.5-1217, C.R.S. The forest service shall emphasize providing training and technical assistance for landowners, local communities, and state agencies.

(III)  Repealed.


(IV)  Conduct, or contract with one or more entities to conduct, one or more

demonstration projects that utilize Colorado's good neighbor authority with the United States forest service to implement forest management treatments that improve forest health and resilience and supply forest products to Colorado businesses. In overseeing a project, the forest service shall:

(A)  Use a collaborative approach;


(B)  Leverage state resources to accomplish work across land ownership

boundaries in order to treat more acres at reduced cost;

(C)  Target a Colorado watershed to implement forest management

treatments that will protect and enhance forest resilience, reduce the potential for catastrophic wildfire, salvage insect- and disease-impacted trees, and provide forest products for businesses in Colorado; and

(D)  Consider locations that have already been subject to review under the

federal National Environmental Policy Act of 1969, 42 U.S.C. sec. 4321 et seq., including the Alpine plateau in Gunnison county and areas in the Grand Mesa, Uncompahgre, and Gunnison national forests that are subject to the spruce beetle epidemic and aspen decline draft environmental impact statement.

(b)  Repealed.


(7)  Enhanced economic opportunities. In order to support local business

development and job creation through the implementation of forest treatments, the forest service shall:

(a)  Administer a revolving loan fund to support woody biomass utilization and

the development and marketing of traditional and nontraditional timber products as specified in subsection (8) of this section;

(b)  Work with the air quality control commission created in section 25-7-104

to support the appropriately increased use of woody biomass in bio-heating.

(8)  Wildfire risk mitigation loan program. (a)  The forest service shall issue a

statewide request for proposals for loans to businesses to provide start-up capital for new facilities or equipment to harvest, remove, use, and market beetle-killed and other timber taken from private, federal, state, county, or municipal forest lands as part of a wildfire risk reduction or fuels mitigation treatment.

(b)  The forest service shall solicit applications for and make loans under this

section. In deciding whether to make a loan, the forest service shall consider the extent to which the applicant:

(I)  Helps retain or expand other local businesses;


(II)  Helps maintain or increase the number of jobs in the area;


(III)  Contributes to the stability of rural communities;


(IV)  Demonstrates operational experience and a good reputation;


(V)  Promotes and publicizes the efforts undertaken pursuant to this section;

and

(VI)  Helps recruit new business activity in the area.


(c)  No later than July 1, 2010, the state forester shall submit a report to the

governor that shall include an assessment of whether, and to what extent, projects funded by loans under this subsection (8) have achieved the purposes identified in this subsection (8).

(d)  There is hereby created in the state treasury the wildfire risk mitigation

revolving fund, which shall be administered by the forest service. All moneys in the fund are continuously appropriated to the department of higher education for allocation to the board of governors of the Colorado state university system for loans specified in this subsection (8). All moneys in the fund at the end of each fiscal year shall be retained in the fund and shall not revert to the general fund or any other fund.

(e)  On June 15, 2021, or as soon as possible thereafter, the state treasurer

shall transfer two million five hundred thousand dollars from the general fund to the wildfire risk mitigation revolving fund.

(9)  Improved outreach and technical assistance. In order to ensure that the

forest service has the capacity to deliver key funding and technical assistance that will be needed to guide and support implementation of wildfire preparedness, risk mitigation, watershed restoration, and economic development initiatives in a way that adds value to these efforts at the state level and across community boundaries, the forest service shall:

(a)  Secure full-time staff for developing, revising, and implementing CWPPs

and collaborative landscape level prioritization plans; developing and implementing risk mitigation and watershed restoration plans; strengthening the responsible use of prescribed fire; and supporting economically beneficial uses of woody biomass;

(b)  Secure sufficient GIS capacity to assist with wildfire, insect, and disease

risk assessments, as well as landscape-scale prioritization and planning; and emphasize making data available to and usable by local entities and other interested parties, including any electric, gas, and water utilities in the affected area; and

(c)  Develop a web-based clearinghouse for technical assistance and funding

resources relevant to the initiatives established in this section.

(d)  Repealed.


(9.2)  Outreach to high school students. The forest service, in consultation

with the department of natural resources, the division of fire prevention and control in the department of public safety, the state board for community colleges and occupational education, and timber industry representatives, shall develop educational materials relating to career opportunities in forestry and wildfire risk mitigation to distribute to high school guidance counselors to provide to high school students.

(9.5)  Wildfire risk mitigation public outreach and educational campaign -

legislative declaration. (a) (I) The general assembly hereby finds and declares that:

(A)  Wildfires increasingly pose a threat to homes and communities in

Colorado as more people move into the wildland areas of our state, and long-term weather and climate trends, including drought and warmer temperatures, as well as the buildup of wildland fuels, further increase wildfire risk;

(B)  In 2020, Colorado experienced the three largest wildfires in its history,

with the fires burning over six hundred thousand acres, causing significant displacement, devastating communities, degrading water and air quality, and ultimately resulting in the loss of human life and hundreds of millions of dollars in property loss and damage;

(C)  Local, state, and federal agencies and entities continue to address the

short- and long-term social, economic, and environmental impacts of these fires;

(D)  With more than half of all Coloradans living in the wildland-urban

interface, there is an urgent need for wildfire prevention and preparedness at both the community and individual homeowner and property owner levels;

(E)  Coordinated education concerning how, where, and why wildfires burn, as

well as collaborative efforts to increase survivability of homes and property, is paramount to coexisting in a wildfire environment; and

(F)  While homeowners and property owners in Colorado bear the ultimate

responsibility to prepare their homes and property for wildfire, many still do not understand this responsibility, the risk they face living in the wildland-urban interface, or the necessary steps to reduce their wildfire risk.

(II)  Therefore, the general assembly declares that it is vital to the health and

safety of Colorado's citizens, communities, and forests for local, state, and federal agencies in Colorado, in partnership with organizations engaged in wildfire risk mitigation in the state, to enhance outreach efforts to residents in the wildland-urban interface to educate and motivate those residents to engage in effective wildfire risk mitigation and wildfire preparedness activities.

(b) (I)  The forest service shall convene a working group of local, state, and

federal partners engaged in wildfire risk mitigation, referred to in this subsection (9.5) as the working group, to enhance outreach efforts to residents in the wildland-urban interface concerning effective wildfire risk mitigation and to coordinate the financial and other resources that may be available for such work. State and federal partners include the division of fire prevention and control in the department of public safety and the United States forest service. The forest service may invite other partners to join the working group and seek input from entities engaged in wildfire risk mitigation in the wildland-urban interface.

(II)  The working group shall:


(A)  Prior to the annual wildfire awareness month outreach campaigns in

2023 and 2024, consider how best to conduct an enhanced outreach campaign for the public that educates and motivates residents in the wildland-urban interface to engage in more wildfire risk mitigation;

(B)  Consider how best to distribute educational resources and information to

residents in the wildland-urban interface, including the forest service's publication The Home Ignition Zone or a successor publication, and whether other educational and marketing tools could be developed to educate residents and motivate increased wildfire risk mitigation;

(C)  Consider which local, statewide, or regional outreach efforts, including

direct mail, web-based material, telephone outreach, social media, print media, television and radio spots, billboards, and community events, are most effective in increasing awareness among the targeted residents in the wildland-urban interface of the importance of wildfire risk mitigation and how to prepare for wildfires;

(D)  Consider how best to coordinate efforts by working group partners and

other entities engaged in wildfire risk mitigation to disseminate web-based educational resources and information concerning effective wildfire risk mitigation and wildfire preparedness activities through links to the forest service's web-based clearinghouse for technical assistance and to web-based resources of other working group partners and entities engaged in wildfire risk mitigation;

(E)  Consider how best to leverage existing state, local, and federal resources

and expertise to implement the enhanced outreach efforts considered by the working group; and

(F)  Consider what funding or additional resources would be necessary for the

forest service and other partners to build upon the enhanced wildfire awareness month outreach campaign, as well as other potential outreach efforts, in subsequent years.

(c)  After considering feedback from the working group, and subject to

available appropriations, the forest service:

(I)  Shall implement an enhanced wildfire awareness month outreach

campaign in conjunction with the division of fire prevention and control in the department of public safety and the United States forest service in 2023 through 2027; and

(II)  Shall implement other outreach efforts during the 2022-23 through

2026-27 state fiscal years that are expected to increase awareness of wildfire risk mitigation by residents in the wildland-urban interface.

(d) (I)  To implement this subsection (9.5), the forest service, subject to

available appropriations, may:

(A)  Develop or contract for the development or placement of marketing and

educational materials, including videos, direct mail, social media, print media, television and radio spots, and billboards;

(B)  Conduct or contract for educational events targeted to residents in the

wildland-urban interface;

(C)  Retain consultants, as necessary, to implement all or part of an outreach

campaign, as well as other outreach efforts;

(D)  Make enhancements to the forest service's web-based clearinghouse for

technical assistance and funding resources created pursuant to subsection (9) of this section, as necessary, to better implement outreach efforts described in this subsection (9.5) and coordinate with working group partners and other entities engaged in wildfire risk mitigation to provide links to web-based educational resources and information; and

(E)  Secure necessary staff to implement the outreach efforts described in

this subsection (9.5).

(II)  Consistent with the outreach plan, the general assembly may appropriate

money to the division of fire prevention and control in the department of public safety.

(e) (I)  During the 2023 through the 2027 legislative interims, the state

forester shall submit a report to the wildfire matters review committee created in section 2-3-1602 concerning outreach efforts implemented pursuant to this subsection (9.5) or, if the wildfire matters review committee is repealed, to the house of representatives agriculture, water, and natural resources committee and the senate agriculture and natural resources committee, or their successor committees.

(II)  The report must include:


(A)  A description of the outreach efforts;


(B)  The amount and use of money appropriated to implement this subsection

(9.5);

(C)  Data and information received by the forest service or its partners

relating to the impact of the outreach efforts in increasing awareness of wildfire risk mitigation by residents in the wildland-urban interface; and

(D)  Proposed future outreach efforts, including any additional funding or

other resources needed to implement those outreach efforts.

(f) (I)  For purposes of conducting ongoing wildfire awareness month

outreach campaigns and other outreach efforts pursuant to subsection (9.5)(c) of this section, the general assembly shall appropriate forty thousand dollars to the healthy forests and vibrant communities fund created in subsection (10) of this section.

(II)  This subsection (9.5)(f) is repealed, effective July 1, 2028.


(9.6)  Carbon accounting framework. (a)  On and after September 1, 2022,

the state forest service shall develop a publicly accessible statewide carbon accounting framework that yields carbon stock and flux estimates for:

(I)  Ecosystems by county and forest cover type; and


(II)  Wood products.


(b)  The state forest service shall also develop a forest carbon co-benefit

framework for project-level forest management practices, including wildfire mitigation. The state forest service shall use this framework to train practitioners in adaptive management practices to be incorporated into current forest management practices, including wildfire mitigation. The state forest service shall provide technical expertise to assist industry and landowners with carbon inventories and monitoring.

(c)  As used in this subsection (9.6), unless the context otherwise requires:


(I)  Carbon accounting framework means a model that uses data from the

forest inventory and analysis program of the United States department of agriculture's forest service to develop tabular data of carbon flux and stock estimates for all forest types and wood products in the state of Colorado.

(II)  Forest carbon co-benefit framework means a framework that links

goals, strategies, and approaches in the 2020 Colorado forest action plan to forest management and wildfire risk mitigation practices that serve to improve carbon sequestration.

(9.7)  Wildfire mitigation resources and best practices grant program. (a)

There is hereby created in the forest service the wildfire mitigation resources and best practices grant program, referred to in this section as the grant program. Grant recipients may use the money to conduct outreach among landowners to inform them of resources available for wildfire mitigation and best practices for wildfire mitigation.

(b)  The forest service shall administer the grant program and, subject to

available appropriations, shall award grants as provided in this section. The forest service shall develop and publish policies and procedures to implement the grant program in accordance with this section. At a minimum, the policies and procedures must specify the time frames for applying for grants, the form of the grant program application, and the grant program evaluation and reporting requirements for grant recipients.

(c)  To be eligible to receive a grant, an entity must be an agency of local

government, a county, a municipality, a special district, a tribal agency or program, or a nonprofit organization that is registered and in good standing with the secretary of state's office. Applicants must meet any other criteria specified in the forest service's policies and procedures.

(d)  The forest service shall review the applications received pursuant to this

section. The forest service shall only award grants to applicants proposing to conduct outreach among landowners in high wildfire hazard areas and shall consider the potential impact of the applicants' proposed outreach when awarding grants.

(e)  Subject to available appropriations, not later than January 1, 2024, and on

or before January 1 each year thereafter for the duration of the grant program, the director shall award grants as provided in this section. Grants are awarded at the sole discretion of the director in accordance with this section.

(f)  On or before September 1, 2025, and on or before September 1 each year

thereafter for the duration of the grant program, the forest service shall submit a report to the wildfire matters review committee, or any successor committee, on the grant program. Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirement continues until the grant program is repealed pursuant to subsection (9.7)(h) of this section.

(g)  Commencing no later than the fiscal year that begins on July 1, 2023, the

general assembly shall annually appropriate money from the general fund to the healthy forests and vibrant communities fund, created in subsection (10)(a)(I) of this section, to implement the grant program. The forest service may use a portion of the money annually appropriated for the grant program to pay the direct and indirect costs that the forest service incurs to administer the grant program.

(h)  This subsection (9.7) is repealed, effective January 1, 2029.


(10)  Healthy forests and vibrant communities fund. (a) (I)  There is hereby

created in the state treasury the healthy forests and vibrant communities fund. The fund consists of all money that may be appropriated or transferred thereto by the general assembly and all private and public money received through gifts, grants, reimbursements, or donations that are transmitted to the state treasurer and credited to the fund. All interest earned from the investment of money in the fund is credited to the fund. The money in the fund is hereby continuously appropriated for the purposes specified in this section and remains available until expended. Any money not expended at the end of the fiscal year shall remain in the fund and shall not be transferred to or revert to the general fund.

(II)  On July 1, 2017, and July 1, 2018, the state treasurer shall transfer one

million one hundred eighty-six thousand three hundred sixty-three dollars from the general fund to the healthy forests and vibrant communities fund.

(III)  On June 15, 2021, or as soon as possible thereafter, the state treasurer

shall transfer five million dollars from the general fund to the healthy forests and vibrant communities fund.

(IV)  Repealed.


(V)  On June 30, 2025, the state treasurer shall transfer from the healthy

forests and vibrant communities fund to the general fund thirty-two thousand nine hundred eighty-eight dollars that did not originate from the money the state received from the federal coronavirus state fiscal recovery fund.

(b)  By executive order or proclamation, the governor may access and

designate moneys in the healthy forests and vibrant communities fund for healthy forests and vibrant communities activities, subject to paragraph (c) of this subsection (10). The state forest service shall implement the directives set forth in such executive order or proclamation.

(c)  Of the money transferred to the fund pursuant to section 39-29-109.3

(2)(n) prior to its repeal:

(I)  Three hundred eighty thousand dollars may be expended for purposes

specified in subsection (4) of this section;

(II)  Two hundred thousand dollars may be expended for purposes specified in

subsection (5) of this section;

(III)  One hundred thousand dollars may be expended for purposes specified

in subsection (6) of this section;

(IV)  Sixty-five thousand dollars may be expended for purposes specified in

subsection (7) of this section;

(V)  Two hundred thousand dollars may be expended for purposes specified

in subsection (8) of this section;

(VI)  Three hundred sixty thousand dollars may be expended for purposes

specified in subsection (9) of this section; and

(VII)  The unencumbered balance may be used for any purpose specified in

this subsection (10)(c).

(d)  Repealed.


(11)  Repealed.


(12)  Notwithstanding any other provision of this section, the forest service's

duties pursuant to this section shall be reduced pro rata with any reduction in the funding specified in this section.

(13)  In carrying out projects pursuant to this section, the forest service shall,

whenever feasible, contract with the Colorado youth corps association or an accredited Colorado youth corps to provide labor. For purposes of this subsection (13), accredited Colorado youth corps means a youth corps organization that is accredited by the Colorado youth corps association.

Source: L. 2009: Entire section added, (HB 09-1199), ch. 411, p. 2271, � 1,

effective June 3; (10)(c)(II), (10)(c)(IV), (10)(c)(V), and (10)(c)(VI) amended, (SB 09-293), ch. 370, p. 2009, � 2, effective June 1. L. 2010: (6)(a)(III) added, (SB 10-102), ch. 101, p. 343, � 1, effective April 15. L. 2012: (6)(a)(I)(A) and (6)(b) amended, (HB 12-1032), ch. 69, p. 239, � 2, effective March 24; (4)(e) and (6)(a)(III) repealed, (HB 12-1283), ch. 240, p. 1137, �� 56, 55, effective July 1; (7)(b) amended, (HB 12-1315), ch. 224, p. 961, � 12, effective July 1. L. 2013: (6)(a)(II) amended, (SB13-083), ch. 249, p. 1308, � 10, effective May 23; (6)(a)(II) amended, (HB 13-1300), ch. 316, p. 1680, � 44, effective August 7. L. 2014: (10)(c)(I) amended and (10)(d) added, (SB 14-154), ch. 313, p. 1355, � 1, effective May 31. L. 2016: (3)(g)(IV) and (6)(a)(II) amended, (HB 16-1019), ch. 39, p. 97, � 1, effective March 22; (6)(a)(IV) added and (6)(b)(I) and (9) amended, (HB 16-1255), ch. 113, p. 318, � 1, effective April 21. L. 2017: (10)(a) amended, (SB 17-259), ch. 190, p. 689, � 2, effective May 3; IP(6)(a), (6)(b), IP(10)(c), and (10)(c)(VII) amended and (6)(a)(I) repealed, (SB 17-050), ch. 34, p. 97, � 2, effective July 1. L. 2018: (10)(a)(II) amended, (HB 18-1338), ch. 201, p. 1308, � 2, effective May 4; (7)(b) amended, (SB 18-003), ch. 359, p. 2132, � 3, effective June 1. L. 2021: (5)(b) and (9)(a) amended and (8)(e) and (10)(a)(III) added, (SB 21-258), ch. 238, p. 1249, � 3, effective June 15; (10)(a)(I) and IP(10)(c) amended, (SB 21-281), ch. 255, p. 1501, � 9, effective June 18. L. 2022: (3)(b.5) and (9.7) added and (10)(a)(I) amended, (HB 22-1007), ch. 343, p. 2456, � 1, effective June 3; (3)(h) and (9.5) added, (SB 22-007), ch. 342, p. 2452, � 1, effective June 3; (9.6) and (10)(a)(IV) added and (10)(a)(I) amended, (HB 22-1012), ch. 341, p. 2449, � 1, effective August 10. L. 2023: (9.2) added, (SB 23-005), ch. 172, p. 843, � 1, effective May 12; (9.7)(f) amended, (HB 23-1301), ch. 303, p. 1824, � 30, effective August 7. L. 2024: (9.5)(c) and (9.5)(e)(I) amended and (9.5)(f) added, (HB 24-1024), ch. 210, p. 1287, � 1, effective May 20; (11) repealed, (HB 24-1450), ch. 490, p. 3416, � 45, effective August 7. L. 2025: (10)(a)(V) added, (SB 25-312), ch. 301, p. 1536, � 7, effective May 30.

Editor's note: (1)  Subsection (6)(a)(III) was relocated to � 24-33.5-1217 in

2012.

(2)  Amendments to subsection (6)(a)(II) by Senate Bill 13-083 and House Bill

13-1300 were harmonized.

(3)  Subsection (10)(d)(II) provided for the repeal of subsection (10)(d),

effective July 1, 2015. (See L. 2014, p. 1355.)

(4)  Subsection (9)(d)(III) provided for the repeal of subsection (9)(d), effective

September 1, 2018. (See L. 2016, p. 318.)

(5)  Subsection (6)(b)(II) provided for the repeal of subsection (6)(b), effective

September 1, 2023. (See L. 2017, p. 97)

(6)  Subsection (10)(a)(IV)(B) provided for the repeal of subsection (10)(a)(IV),

effective July 1, 2023. (See L. 2022, p. 2449.)

Cross references: (1)  For the legislative declaration in the 2012 act repealing

subsections (4)(e) and (6)(a)(III), see section 1 of chapter 240, Session Laws of Colorado 2012. In 2013, subsection (6)(a)(II) was amended by the Colorado Prescribed Burning Act.

(2)  For the short title and legislative declaration, see sections 1 and 2 of

chapter 249, Session Laws of Colorado 2013.

(3)  For the legislative declaration in SB 21-258, see section 1 of chapter 238,

Session Laws of Colorado 2021. For the legislative declaration in SB 21-281, see section 1 of chapter 255, Session Laws of Colorado 2021.

C.R.S. § 23-31-319

23-31-319. Forest service seedling tree nursery - necessary upgrades and improvements - definition - funding - reports - repeal. (1) Definition. As used in this section, unless the context otherwise requires, nursery means the Colorado state forest service seedling tree nursery located on the foothills campus of Colorado state university in Fort Collins and operated by the Colorado state forest service.

(2)  Greenhouses. To upgrade greenhouses and expand their capacity, the

nursery shall:

(a)  Repair existing structures as needed;


(b)  Add square footage to existing structures or construct new structures;


(c)  Replace pumps and other equipment with equipment that is calibrated for

current nutrient delivery standards;

(d)  Implement energy efficiency measures;


(e)  Implement modern pest control measures; and


(f)  Upgrade water delivery systems, including irrigation systems.


(2.5)  Field upgrades. To upgrade the fields where the nursery grows bare-root trees and shrubs, the nursery shall:


(a)  Install a new pump and pump house;


(b)  Overhaul the irrigation system; and


(c)  Grade and improve the roads to and within the fields.


(3)  Shade house structures. To improve and expand shade house structures,

the nursery shall:

(a)  Remove and replace existing rotted structures;


(b)  Refill and level sunken or eroded ground;


(c)  Install new foundations;


(d)  Install new irrigation lines; and


(e)  Add square footage to existing structures, construct new structures, or

both.

(3.5)  Seed storage cooler. To improve the capacity, security, and energy

efficiency of seed storage, the nursery shall purchase a new seed storage cooler.

(4)  Containers and shipping supplies. To prepare for increased production,

the nursery shall:

(a)  Purchase sufficient containers and shipping materials to serve the

nursery's storage and shipping needs; and

(b)  Purchase a pressure washer to clean and sterilize containers for reuse.


(4.5)  Delivery trucks. To improve the timeliness of deliveries and eliminate

the cost of renting delivery trucks, the nursery shall purchase two refrigerated box trucks.

(5)  Capacity, expertise, and infrastructure analysis. To guide further

investment in the modernization of the nursery, the nursery shall contract with nursery management and reforestation professionals to conduct an analysis of priority capacity and knowledge investments that are necessary to address reforestation needs in response to more frequent and intense wildfire, flood, insect, and disease incidents.

(6)  Appropriation. For the 2022-23 and 2023-24 state fiscal years, the

general assembly shall appropriate money to the Colorado state university system for allocation to and expenditure by the Colorado state forest service for the purposes specified in this section. Any money appropriated by the general assembly pursuant to this subsection (6) that is not expended before the end of the fiscal year for which it is appropriated remains available for expenditure for the same purposes until the close of the 2026-27 state fiscal year.

(7)  Reporting. No later than June 1, 2023, and no later than June 1 of any

other year in which the Colorado state forest service expends money appropriated to the Colorado state university system pursuant to this section, the state forester shall submit a report concerning the use of money received by the Colorado state forest service pursuant to this section to the wildfire matters review committee created in section 2-3-1602 (1)(a).

(8)  Repeal. This section is repealed, effective June 30, 2027.


Source: L. 2022: Entire section added, (HB 22-1323), ch. 434, p. 3058, � 2,

effective August 10. L. 2023: (2.5), (3.5), and (4.5) added and (6) and (8) amended, (HB 23-1060), ch. 185, p. 904, � 1, effective August 7. L. 2025: (6) and (8) amended, (SB 25-115), ch. 4, p. 10, � 1, effective February 27.

Cross references: For the legislative declaration in HB 22-1323, see section 1

of chapter 434, Session Laws of Colorado 2022.

C.R.S. § 24-21-631

24-21-631. Board - duties. (1) In addition to any other duties set forth in this part 6, the board shall:

(a)  Conduct a continuous study of charitable gaming throughout the state

for the purpose of improving charitable gaming and ascertaining any defects in this part 6 or in the rules promulgated pursuant to this part 6; and

(b)  Commencing on and after January 1, 2025, at the discretion of the board,

submit a report to the general assembly containing recommendations for changes to this part 6, which report shall be submitted on or before October 31, 2025, and on or before October 31 of each year thereafter.

(2)  The licensing authority is encouraged to collaborate with the board on

proposals developed by the board concerning subjects including but not limited to:

(a)  The types of charitable gaming activities to be conducted, the existing

rules and potential new rules for those activities, and the number of occasions per year upon which a licensee may hold, operate, or conduct a game of bingo or lotto;

(b)  The types of charitable gaming activities to be conducted in the future

based upon a continuing review of the available state-of-the-art equipment in Colorado and other states and the policies and procedures approved and implemented by other states for the conduct of charitable gaming activities, provided that no new type of charitable gaming activity is recommended by the board for approval for licensing or play, or approved by the licensing authority for licensing or play, that does not comport with the limitations of section 2 (3) of article XVIII of the state constitution concerning the conduct only of the specific game of chance commonly known as bingo or lotto or the specific game of chance commonly known as raffles; and

(c)  An annual review of at least ten percent of all charitable gaming rules

and a complete review of all charitable gaming rules every five years.

(3)  The board shall offer advice to the licensing authority upon subjects

including but not limited to:

(a)  The requirements, qualifications, and grounds for the issuance of all

types of permanent and temporary licenses required for the conduct of charitable gaming;

(b)  The requirements, qualifications, and grounds for the revocation,

suspension, and summary suspension of all licenses required for the conduct of charitable gaming;

(c)  Activities that constitute fraud, cheating, or illegal activities;


(d)  The granting of licenses with special conditions or for limited periods, or

both;

(e)  The establishment of a schedule of reasonable fines to be assessed for

violations of this part 6 or any rule adopted pursuant to this part 6;

(f)  The amount of fees for licenses issued by the licensing authority and for

the performance of administrative services pursuant to this part 6;

(g)  The establishment of criteria under which a person may serve as a games

manager;

(h)  The content and conduct of classes or training seminars to benefit bingo-raffle charitable licensees, officers, and volunteers to better account for funds

collected from games of chance;

(i)  Standardized rules, procedures, and policies to clarify and simplify the

auditing of licensees' records; and

(j)  The conditions for a licensee's plan for disposal of any equipment and the

distribution of any remaining net proceeds upon termination of a bingo-raffle license for the licensee's failure to timely or sufficiently renew such license.

Source: L. 2017: Entire part added with relocations, (SB 17-232), ch. 233, p.

943, � 2, effective May 23. L. 2024: Entire section R&RE, (HB 24-1326), ch. 420, p. 2871, � 10, effective June 5.

Editor's note: This section is similar to former � 12-9-202 as it existed prior to

2017.

C.R.S. § 24-30-1305

24-30-1305. Life-cycle cost - application - definitions. (1) The general assembly authorizes and directs that state agencies and state institutions of higher education shall employ design and construction methods for real property under their jurisdiction, in such a manner as to further the policy declared in section 24-30-1304, insuring that life-cycle cost analyses and energy conservation practices are employed in new or renovated real property.

(2)  The life-cycle cost analysis must include but not be limited to such

elements as:

(a)  The coordination, orientation, and positioning of the facility on its physical

site;

(b)  The amount and type of fenestration employed in the facility;


(c)  Thermal performance and efficiency characteristics of materials

incorporated into the facility design;

(d)  The variable occupancy and operating conditions of the facility, including

illumination levels; and

(e)  Architectural features which affect energy consumption.


(f)  (Deleted by amendment, L. 2014.)


(3)  The life-cycle cost analysis performed for real property with a facility of

twenty thousand or more gross square feet with significant energy demands must provide but not be limited to the following information:

(a)  The initial estimated cost of each energy-consuming system being

compared and evaluated;

(b)  The estimated annual operating cost of all utility requirements, including

consideration of possible escalating costs of energy. The office may rely on any national or locally appropriate fuel escalating methodology approved by the office of the state architect in performing life-cycle cost analyses.

(c)  The estimated annual cost of maintaining each energy-consuming

system;

(d)  The average estimated replacement cost for each system expressed in

annual terms for the economic life of the facility;

(e)  The use of biofuel to provide supplemental or exclusive heating, power, or

both for the facility. For a renovation of such a facility, the cost analysis regarding the use of biofuel must consider any stranded utility costs; and

(f)  An energy consumption analysis of such real property's heating,

ventilating, and air conditioning system, lighting system, and all other energy-consuming systems. The energy consumption analysis of the operation of energy-consuming systems in the real property should include but not be limited to:

(I)  The comparison of two or more system alternatives;


(II)  The simulation or engineering evaluation of each system over the entire

range of operation of the real property for a year's operating period; and

(III)  The engineering evaluation of the energy consumption of component

equipment in each system considering the operation of such components at other than full or rated outputs.

(4)  The life-cycle cost analysis shall be certified by a licensed architect or

professional engineer, or by both architect and engineer, particularly qualified by training and experience for the type of work involved.

(5)  In order to protect the integrity of historic buildings, no provision of

section 24-30-1304 or this section should be interpreted to require such analysis with respect to any real property eligible for, nominated to, or entered in the national register of historic places, designated by statute, or included in an established list of places compiled by the state historical society.

(6)  Selection of the optimum system or combination of systems to be

incorporated into the design of real property must be based on the life-cycle cost analysis over the economic life of the real property, unless a request for an alternative system is made and approved by the office prior to beginning construction.

(7)  The principal representatives of all state agencies and state institutions

of higher education are responsible for implementing the provisions of this section and the policy established in section 24-30-1304.

(8)  The provisions of section 24-30-1304 and this section shall not apply to

municipalities or counties nor to any agency or department of any municipality or county.

(9)  Repealed.


(10)  As used in this section, unless the context otherwise requires:


(a)  Biofuel means nontoxic plant matter consisting of agricultural or

silvicultural crops or their byproducts, urban wood waste, mill residue, slash, or brush.

(b)  Energy consumption analysis means the evaluation of all energy-consuming systems and components by demand and type of energy, including the

internal energy load imposed on real property by its occupants, equipment, and components and the external energy load imposed on the real property by climatic conditions.

Source: L. 79: Entire part added, p. 884, � 1, effective July 1. L. 2004: (4)

amended, p. 1311, � 55, effective May 28. L. 2006: (3)(e) added, p. 158, � 1, effective March 31. L. 2007: (9) added, p. 485, � 2, effective September 1. L. 2008: (3)(b) amended, p. 1307, � 2, effective August 5. L. 2013: (9)(b) amended and (9)(c)(IV) repealed, (SB 13-028), ch. 66, p. 218, � 2, effective March 22. L. 2014: (1), (2), (3), (5), (6), and (7) amended, (9) repealed, and (10) added, (HB 14-1387), ch. 378, pp. 1813, 1855, �� 8, 71, effective June 6. L. 2015: (3)(b) and (6) amended, (SB 15-270), ch. 296, p. 1211, � 5, effective June 5.

Cross references: For the legislative declaration in the 2013 act amending

subsection (9)(b) and repealing subsection (9)(c)(IV), see section 1 of chapter 66, Session Laws of Colorado 2013. For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.

C.R.S. § 24-30-1305.5

24-30-1305.5. High performance standards - report - legislative declaration - definition. (1) The office shall, in consultation with the Colorado commission on higher education, adopt and update from time to time a high performance standard certification program.

(2)  A state agency or state institution of higher education controlling the

substantial renovation, design, or new construction of a building shall, pursuant to the program adopted in subsection (1) of this section, perform the substantial renovation, design, or new construction to achieve the highest performance certification attainable as certified by an independent third party pursuant to the high performance standard certification program. A certification is attainable if the increased initial costs of the substantial renovation, design, or new construction, including the time value of money, to achieve the highest performance certification attainable can be recouped from decreased operational costs within fifteen years.

(3) (a)  For all buildings that started the design process on or after January 1,

2010, each state agency or state institution of higher education shall monitor, track, and verify utility vendor bill data pertaining to the building and must annually report to the office. The annual report must also include information related to building performance based on the building's utility consumption.

(b)  The general assembly hereby finds, determines, and declares that

buildings that have achieved the highest performance certification attainable and started the design process prior to January 1, 2010, are strongly encouraged to monitor, track, and verify utility vendor bill data pertaining to such building in order to ensure that the increased initial costs to achieve the highest performance certification attainable are in fact recouped. If such data is monitored, tracked, and verified, then the state agency or state institution of higher education must annually report to the office. If such data is not monitored, tracked, and verified, then the state agency or state institution of higher education must provide the office, in writing, a reasonable explanation and also must work with the office to find a way to start monitoring, tracking, verifying, and reporting such data.

(c)  The state agency or state institution of higher education, not a utility

company, shall compile the utility vendor bill data.

(4)  If the state agency or state institution of higher education estimates that

the increased initial costs of the substantial renovation, design, or new construction, including the time value of money, to achieve the highest performance certification attainable will exceed five percent of the total cost of the substantial renovation, design, or new construction, the capital development committee shall specifically examine such estimate before approving any appropriation for the substantial renovation, design, or new construction.

(5)  If a building undergoing substantial renovation cannot achieve high

performance due to either the historical nature of the building or because the increased costs of renovating the building cannot be recouped from decreased operational costs within fifteen years, an accredited professional shall assert in writing that, as much as possible, the substantial renovation has been consistent with the high performance standard certification program.

(6)  Any design or new construction of a building of less than five thousand

square feet that is, but for its size, otherwise subject to this section and any minor renovation and controlled maintenance of a building that is subject to this section must be executed to the high performance standards adopted in the high performance standard certification program even if high performance certification is not sought at that time.

(7)  Notwithstanding section 24-1-136 (11)(a)(I), the office shall report annually

to the capital development committee regarding contracting documents, project guidelines, and reporting and tracking procedures related to the implementation of this section.

(8)  As used in this section, unless the context otherwise requires:


(a) (I)  Building means a facility that:


(A)  Is substantially renovated, designed, or constructed with state moneys or

with moneys guaranteed or insured by a state agency or state institution of higher education and such moneys constitute at least twenty-five percent of the project cost;

(B)  Contains five thousand or more gross square feet;


(C)  Includes a heating, ventilation, or air conditioning system; and


(D)  Did not enter the design phase prior to January 1, 2008.


(II)  Building includes an academic facility as defined in section 23-1-106

(10.3)(a), C.R.S., including an academic facility as defined in the guidelines described in section 23-1-106 (10.2)(b)(I), C.R.S.

(III)  Building does not include:


(A)  An auxiliary facility as defined in section 23-1-106 (10.3)(b), C.R.S.,

including an auxiliary facility as defined in the guidelines described in section 23-1-106 (10.2)(b)(I), C.R.S.; or

(B)  A publicly assisted housing project as defined in section 24-32-718.


(b)  High performance standard certification program means a real property

renovation, design, and construction standard that:

(I)  Is quantifiable, measurable, and verifiable as certified by an independent

third party;

(II)  Reduces the operating costs of real property by reducing the

consumption of energy, water, and other resources;

(III)  Results in the recovery of the increased initial capital costs attributable

to compliance with the program over time by reducing long-term energy, maintenance, and operating costs;

(IV)  Improves the indoor environmental quality of real property for a

healthier work environment;

(V)  Encourages the use of products harvested, created, or mined within

Colorado, regardless of product certification status;

(VI)  Protects Colorado's environment; and


(VII)  Complies with the federal secretary of the interior's standards for the

treatment of historic real property when such work will affect real property fifty years of age or older, unless the state historical society, designated in section 24-80-201, determines that such real property is not of historical significance as defined in section 24-80.1-102 (6).

(c)  Substantial renovation means any renovation with a cost that exceeds

twenty-five percent of the value of the building.

(d)  Utility vendor bill data means information or data limited to the usage

data measured by the state agency or state institution of higher education or the information or data required to meet minimum program standards by an independent third party pursuant to the high performance standard certification program.

Source: L. 2014: Entire section added, (HB 14-1387), ch. 378, p. 1815, � 9,

effective June 6. L. 2015: (1), (3)(a), (3)(b), (7), and (8)(d) amended, (SB 15-270), ch. 296, p. 1212, � 6, effective June 5. L. 2017: (7) amended, (HB 17-1058), ch. 18, p. 59, � 6, 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. § 24-30-2001

24-30-2001. Definitions. As used in this part 20, unless the context otherwise requires:

(1)  Energy cost-savings contract means a utility cost-savings contract or a

vehicle fleet operational and fuel cost-savings contract.

(1.3)  Energy cost-savings measure means a utility cost-savings measure or

a vehicle fleet operational and fuel cost-savings measure.

(1.5)  Energy performance contract means a contract for evaluations,

recommendations, or implementation of one or more energy cost-savings measures designed to produce utility cost savings, operation and maintenance cost savings, or vehicle fleet operational and fuel cost savings, which contract:

(a)  Sets forth savings attributable to the calculated energy cost savings or

operation and maintenance cost savings for each year during the contract period;

(b)  Provides that the amount of actual savings for each year during the

contract period shall exceed annual contract payments, including maintenance costs, to be made during such year by the state agency contracting for the energy cost-savings measures; except that, for the purposes of this part 20 only, the term annual contract payments does not include moneys received by the state from rebates, gifts, grants, or donations specifically designated by the gifting, granting, or donating party for the design or implementation of an energy cost-savings measure or state moneys that have been specifically appropriated in a distinct line item, or, in the case of the department of transportation, otherwise set aside in the department's budget, for the design or implementation of an energy cost-savings measure that is wholly addressed within the scope of the energy cost-savings contract;

(c)  Requires the party entering into the energy performance contract with

the state agency to provide a written guarantee that the sum of energy cost savings and operation and maintenance cost savings for each year during the first three years of the contract period shall not be less than the calculated savings for that year described in paragraph (a) of this subsection (1.5); and

(d)  Requires payments by a state agency to be made within twelve years

after the date of the execution of the contract; except that the maximum term of the payments shall be less than the cost-weighted average useful life of energy cost-savings equipment for which the contract is made, not to exceed twenty-five years.

(2)  Operation and maintenance cost savings means a measurable decrease

in operation and maintenance costs that is a direct result of the implementation of one or more utility cost-savings measures or one or more vehicle fleet operational and fuel cost-savings measures. Such savings shall be calculated in comparison with an established baseline of operation and maintenance costs.

(3)  Shared-savings contract means a contract for one or more energy cost-savings measures that do not involve capital equipment projects, which contract:


(a)  Provides that all payments to be made by the state agency contracting

for the energy cost-savings measures shall be a stated percentage of calculated savings of energy costs attributable to such measures over a defined period of time and that such payments shall be made only to the extent that such savings occur; except that this paragraph (a) shall not apply to payments for maintenance and repairs and obligations on termination of the contract prior to its expiration;

(b)  Provides for an initial contract period of no longer than ten years; and


(c)  Requires no additional capital investment or contribution of funds.


(4)  State agency means a department or institution of this state, including

institutions of higher education.

(5)  Utility cost savings means:


(a)  A cost savings caused by a reduction in metered or measured physical

quantities of a bulk fuel or utility resulting from the implementation of one or more energy conservation measures when compared with an established baseline of usage; or

(b)  A decrease in utility costs as a result of changes in applicable utility rates

or utility service suppliers. The savings shall be calculated in comparison with an established baseline of utility costs.

(6)  Utility cost-savings contract means an energy performance contract or

a shared-savings contract or any other agreement in which utility cost savings are used to pay for services or equipment.

(7)  Utility cost-savings measure means any installation, modification, or

service that is designed to reduce energy consumption and related operating costs in buildings and other facilities and includes, but is not limited to, the following:

(a)  Insulation in walls, roofs, floors, and foundations and in heating and

cooling distribution systems;

(b)  Heating, ventilating, or air conditioning and distribution system

modifications or replacements in buildings or central plants;

(c)  Automatic energy control systems;


(d)  Replacement or modification of lighting fixtures;


(e)  Energy recovery systems;


(f)  Renewable energy and alternate energy systems;


(g)  Cogeneration systems that produce steam or forms of energy, such as

heat or electricity, for use primarily within a building or complex of buildings;

(h)  Devices that reduce water consumption or sewer charges;


(i)  Changes in operation and maintenance practices;


(j)  Procurement of low-cost energy supplies of all types, including

electricity, natural gas, and other fuel sources, and water;

(k)  Indoor air quality improvements that conform to applicable building code

requirements;

(l)  Daylighting systems;


(m)  Building operation programs that reduce utility and operating costs

including, but not limited to, computerized energy management and consumption tracking programs, staff and occupant training, and other similar activities;

(n)  Services to reduce utility costs by identifying utility errors and optimizing

existing rate schedules under which service is provided; and

(o)  Any other location, orientation, or design choice related to, or installation,

modification of installation, or remodeling of, building infrastructure improvements that produce utility or operational cost savings for their appointed functions in compliance with applicable state and local building codes.

(8)  Vehicle fleet operational and fuel cost savings means a measurable

decrease in the operation and maintenance costs of state vehicles that is associated with fuel or maintenance based on higher efficiency ratings or alternative fueling methods, including but not limited to savings from the reduction in maintenance requirements and a reduction in or the elimination of projected fuel purchase expenses as a direct result of investment in higher efficiency or alternative fuel vehicles or vehicle or charging infrastructure.

(9)  Vehicle fleet operational and fuel cost-savings contract means an

energy performance contract or shared-savings contract or any other agreement in which vehicle fleet operational and fuel cost savings are used to pay for the cost of the vehicle or associated capital investments.

(10)  Vehicle fleet operational and fuel cost-savings measure means any

installation, modification, or service that is designed to reduce energy consumption and related operating costs in vehicles and includes, but is not limited to, the following:

(a)  Vehicle purchase or lease costs either in full or in part;


(b)  Charging or fueling infrastructure to appropriately charge or fuel

alternative fuel vehicles included in an energy cost-savings contract.

Source: L. 2001: Entire part added, p. 1088, � 1, effective August 8. L. 2010:

(1)(b) and (7)(o) amended, (SB 10-207), ch. 410, p. 2027, � 2, effective June 10. L. 2013: (1), (2), IP(3), and (3)(a) amended and (1.3), (1.5), (8), (9), and (10) added, (SB 13-254), ch. 403, p. 2358, � 1, effective June 5.

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. § 24-32-705

24-32-705. Functions of division. (1) The division has the following functions:

(a)  To encourage private enterprise and all public and private agencies

engaged in the planning, construction, and acquisition of adequate housing or the rehabilitation or weatherization of existing housing in Colorado by providing research, advisory, and liaison services and rehabilitation, construction, acquisition, and weatherization grants and loans from appropriations made for this purpose by the general assembly. For the purposes of this subsection (1)(a), weatherization means the provision and installation of materials and devices that improve the thermal performance of a residence so as to conserve energy and reduce energy costs and includes those structural, heating, electrical, and plumbing repairs and improvements that are necessary to safely and effectively improve thermal performance. All such grants and loans to public and private agencies must be at least equally matched from a nonstate source unless sufficient local sources are not available because of other essential public functions and must be for providing energy-efficient housing to low- and moderate-income households. These grants or loans shall not be used for administration, which must be funded within the administrative budget of the division.

(b)  To assist local communities in the development and operation of local

housing authorities;

(c)  To encourage and promote cooperation among counties and

municipalities to jointly establish and operate housing authorities;

(d)  Repealed.


(e)  To conduct continuing research into new approaches to housing

throughout the state including, but not limited to, the following:

(I) to (III)  Repealed.


(IV)  Transit-oriented development that includes increased housing density

near employment, education, and town centers; and

(V)  Advanced energy performance standards that minimize the total building

operational costs during the affordability period as determined by the division;

(f)  To investigate living, dwelling, and housing conditions in the state and the

means and methods of correcting unsafe, unsanitary, or substandard conditions;

(g)  To enter upon buildings or property in order to conduct investigations or

to make surveys or soundings. In the event the division is unable to obtain permission for such entry, the director may petition the district court in which the property is located for an order authorizing such entry. Upon a finding by the court that the order requested is reasonably necessary to carry out the intent of this part 7, the order shall be granted.

(h)  To make available to responsible agencies, boards, commissions, or other

governmental agencies its findings and recommendations with regard to any building or property where conditions exist which are unsafe, unsanitary, or substandard;

(i)  To accept and receive grants and services from the federal government

and other sources and to process such grants and services for other public and private nonprofit agencies and corporations;

(j)  To enforce the provisions of part 9 of this article and the rules and

regulations adopted pursuant thereto;

(k)  To provide training and technical assistance to counties and

municipalities which have building codes in the development of energy efficiency construction and renovation performance standards by such local governments;

(l) and (m)  Repealed.


(n)  Pursuant to section 24-32-717, to administer loans to local governments,

local housing authorities, and public and private corporations;

(o)  Repealed.


(p)  Pursuant to section 24-32-718, to maintain a database of affordable

housing units to be lost as affordable housing;

(q) to (s)  Repealed.


(t)  To serve as the sole state agency for the purpose of administering and

distributing financial housing assistance to persons in low- and moderate-income households and to persons with disabilities and assist such persons in obtaining housing, including, without limitation, rental assistance;

(u)  To enforce the provisions of the Mobile Home Park Act created in part 2

of article 12 of title 38 and the Mobile Home Park Act Dispute Resolution and Enforcement Program created in part 11 of article 12 of title 38, and the rules and regulations adopted pursuant to section 38-12-1104 (2)(j).

(v)  To collaborate with other state agencies to develop incentives that

support:

(I)  Local development near transit corridors;


(II)  Increased housing density development within employment, education,

and town centers; and

(III)  Energy performance standards that minimize total building costs during

the affordability period, as determined by the division.

(w)  To prepare an annual public report on funding of affordable housing

preservation and production in accordance with section 24-32-705.5 and to satisfy other requirements in section 24-32-705.5 pertaining to the preparation and dissemination of the report. In its presentation to the joint committees of reference pursuant to section 2-7-203, the department shall summarize the information contained in the report concerning affordable housing funding administered by the division since the department's prior presentation.

(x)  To optimize the outcomes of a particular program or particular use to the

benefit of households served in a manner that optimizes the socioeconomic and housing stability outcomes of households served; optimizes the financial sustainability of an affordable housing project or program; optimizes the creation, operation, and affordability length of affordable housing stock created; optimizes the preservation of naturally occurring and subsidized affordable housing; considers the impact of award terms on the financial stability of the organizations delivering development projects and resident services; leverages or is leveraged by other available sources of money; addresses housing needs throughout the state; and serves populations with the greatest unmet need.

(2)  The division, through the director thereof, shall serve in an advisory

capacity to the state housing and finance authority, created by part 7 of article 4 of title 29, C.R.S., and shall provide information on the housing facility needs of low- and moderate-income families in the state of Colorado.

(3) and (4)  Repealed.


(5)  The division shall collaborate with other state agencies in connection

with the disposition of state-owned assets to be used for low- and moderate-income housing.

(6) (a)  The division shall maintain the confidentiality of all names, addresses,

and personal identifying information of applicants, recipients, and former recipients of housing assistance, which forms of housing assistance include without limitation housing vouchers, emergency housing assistance, and homeless services.

(b)  Notwithstanding any provision of this subsection (6), the division may

publish or provide aggregate or de-identified data concerning applicants, recipients, and former recipients of housing assistance to third parties and other governmental entities, and may enter into data-sharing agreements authorizing the transfer of names, addresses, and personal identifying information of applicants, recipients, and former recipients of such housing assistance.

(c)  Any third party or governmental entity that receives names, addresses,

and personal identifying information of applicants, recipients, and former recipients of housing assistance in accordance with this subsection (6) from the division pursuant to a data-sharing agreement shall maintain the confidentiality of all names, addresses, and personal identifying information obtained from such agreements.

(d)  As used in this subsection (6), governmental entity and personal

identifying information have the same meanings as specified in section 24-73-101 (4).

(7)  The division shall administer:


(a)  Affordable housing guided toolkit and local officials guide program in

accordance with section 24-32-721.7;

(b)  The transformational affordable housing revolving loan fund program

created in section 24-32-731 (2)(a), unless the division elects to contract out full or partial administration of the loan program pursuant to section 24-32-731 (2)(b);

(c)  Local investments in the transformational affordable housing grant

program created in section 24-32-729 (2)(a);

(d)  The connecting Coloradans experiencing homelessness with services,

recovery care, and housing supports grant program created in section 24-32-732;

(e)  The child care facility development toolkit and technical assistance

program created in section 24-32-3802 (2);

(f)  The child care facility development planning grant program created in

section 24-32-3803 (2)(a); and

(g)  The child care facility development capital grant program created in

section 24-32-3804 (2)(a).

Source: L. 70: p. 240, � 1. C.R.S. 1963: � 69-9-5. L. 73: p. 815, � 2. L. 74: (1)(b)

and (1)(j) amended, p. 283, � 1, effective April 19. L. 75: (1)(j) added, p. 813, � 2, effective July 1; (1)(a) amended, p. 215, � 46, effective July 16. L. 76: (1)(a) amended, p. 612, � 1, effective May 10. L. 77: (1)(k) added, p. 356, � 2, effective July 1. L. 79: (1)(l) and (1)(m) added, p. 322, � 5, effective July 1. L. 80: (1)(a) amended and (3) added, p. 595, � 2, effective May 1. L. 82: (1) amended, p. 369, � 2, effective April 30. L. 99: (1)(d) amended and (1)(o) added, p. 440, � 3, effective August 4. L. 2000: (3) repealed, p. 1548, � 12, effective August 2. L. 2002: (1)(p) added, p. 413, � 2, effective August 7. L. 2003: (1)(d), (1)(e)(I), (1)(e)(II), and (1)(o) repealed, p. 532, � 1, effective March 5. L. 2009: (1)(r) added, (HB 09-1276), ch. 404, p. 2220, � 1, effective June 2; (1)(q) added, (HB 09-1197), ch. 101, p. 374, � 1, effective August 5. L. 2010: (1)(s) added, (HB 10-1240), ch. 200, p. 872, � 3, effective May 5. L. 2011: (1)(t) added, (HB 11-1230), ch. 170, p. 585, � 2, effective July 1. L. 2012: (1)(t) amended, (SB 12-158), ch. 151, p. 541, � 2, effective May 3. L. 2016: (1)(r) and (1)(s) repealed, (SB 16-189), ch. 210, p. 766, � 46, effective June 6. L. 2019: (1)(u) added, (HB 19-1309), ch. 281, p. 2627, � 2, effective May 23; (1)(a) and (1)(n) amended, (HB 19-1322), ch. 201, p. 2168, � 2, effective August 2; (4) added, (HB 19-1319), ch. 200, p. 2164, � 3, effective September 1. L. 2021: (7) added, (HB 21-1271), ch. 356, p. 2323, � 4, effective June 27; (1)(a) amended, (1)(e)(III), (1)(l), and (1)(m) repealed, and (1)(e)(IV), (1)(e)(V), (1)(v), (5), and (6) added, (HB 21-1009), ch. 121, p. 462, � 1, effective September 7; (1)(w) added, (HB 21-1028), ch. 396, p. 2634, � 2, effective September 7. L. 2022: (7) amended, (SB 22-159), ch. 230, p. 1705, � 3, effective May 26; (7) amended, (HB 22-1377), ch. 285, p. 2045, � 3, effective May 31; (7) amended, (HB 22-1304), ch. 290, p. 2078, � 3, effective June 1. L. 2024: (1)(x) added, (HB 24-1308), ch. 295, p. 2008, � 2, effective August 7; (4) repealed, (SB 24-178), ch. 108, p. 336, � 2, effective August 7; (7)(c) amended and (7)(e), (7)(f), and (7)(g) added, (HB 24-1237), ch. 279, p. 1848, � 2, effective August 7.

Editor's note: (1)  Subsection (1)(r) was lettered as (1)(q) in House Bill 09-1276

but has been relettered on revision for ease of location.

(2)  Subsection (1)(q)(II) provided for the repeal of subsection (1)(q), effective

January 1, 2015. (See L. 2009, p. 374.)

(3)  Amendments to subsection (7) by SB 22-159, HB 22-1304, and HB 22-1377 were harmonized.


Cross references: For the legislative declaration in HB 19-1309, see section 1

of chapter 281, Session Laws of Colorado 2019. For the legislative declaration in HB 19-1319, see section 1 of chapter 200, Session Laws of Colorado 2019. For the legislative declaration in HB 21-1271, see section 1 of chapter 356, Session Laws of Colorado 2021. For the legislative declaration in SB 22-159, see section 1 of chapter 230, Session Laws of Colorado 2022. For the legislative declaration in HB 22-1304, see section 1 of chapter 290, Session Laws of Colorado 2022. For the legislative declaration in HB 22-1377, see section 1 of chapter 285, Session Laws of Colorado 2022. For the legislative declaration in HB 24-1308, see section 1 of chapter 295, Session Laws of Colorado 2024. For the legislative declaration in HB 24-1237, see section 1 of chapter 279, Session Laws of Colorado 2024.

C.R.S. § 24-32-731

24-32-731. Revolving loan fund - eligible projects - report - definitions - legislative declaration. (1) Definitions. As used in this section, unless the context otherwise requires:

(a)  Administrator means a third-party entity or entities that the division

contracts with to administer all or any part of the loan program pursuant to subsection (2)(b) of this section.

(b)  Community partner means a nonprofit organization that undertakes any

of the activities or services described in subsection (3) of this section.

(c)  Department means the department of local affairs.


(d)  Eligible recipient means a local government, a for-profit developer, a

community partner, or a political subdivision of the state that applies for a loan through the loan program.

(e)  Fund means the transformational affordable housing revolving loan

fund created in subsection (9)(a) of this section.

(f)  Loan program means the transformational affordable housing revolving

loan fund program created in subsection (2)(a) of this section.

(g)  Local government means a county, municipality, city and county, tribal

government, special district organized under title 32, school district, district, or a housing authority created under part 2 of article 4 of title 29.

(2)  Creation of loan program - administration. (a)  The transformational

affordable housing revolving loan fund program is hereby created in the division as a revolving loan program in accordance with the requirements of this section and the policies established by the division pursuant to subsection (5) of this section. The loan program is established to provide flexible, low-interest, and below-market rate loan funding to assist eligible recipients in completing the eligible loan projects identified in subsection (3) of this section.

(b)  The division may administer the loan program or, if it determines that it

would be more efficient and effective to contract out full or partial administration of the program, it may enter into a contract with a business nonprofit organization, bank, nondepository community development financial institution, business development corporation, nonprofit organization that administers gap financing, construction, or mortgage loan programs, or other entity as determined by the division to administer the loan program in whole or in part. If the division contracts with an entity or entities to administer the program, the division shall use an open and competitive process 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 loan program. The division may advance money to an entity under a contract in preparation in the form of a grant or payment for issuing loans and administering the loan program.

(c)  The division may work with the Colorado housing and finance authority,

created in section 29-4-704 (1), to assist in offering loans under the loan program.

(d)  Any loan made under the loan program by the state, any department,

division, or agency of the state, or any administrator to a district, as defined in section 20 (2)(b) of article X of the state constitution, must either be approved by the voters of the district in accordance with section 20 (4)(b) of article X of the state constitution or be structured so that it is not a multiple-fiscal year direct or indirect district debt or other financial obligation whatsoever that requires voter approval under section 20 (4)(b) of article X of the state constitution.

(3)  Eligible loan projects. In order to receive loan funding under the loan

program, the project for which the loan applicant seeks loan funding must do one or more of the following:

(a)  Develop and integrate housing-related infrastructure to offset

construction and predevelopment costs;

(b)  Provide gap financing for housing development, including transactions

under the federal low-income tax credit defined in section 39-22-2101 (7) and the affordable housing tax credit created in section 39-22-2102 (1). For purposes of this subsection (3)(b), gap financing includes financing mechanisms that allow persons seeking affordable housing to purchase existing affordable housing, multi-family structures, land, and buildings, particularly in communities where efforts have been made to encourage affordable housing development or in communities in which low concentrations of affordable housing exist.

(c)  Increase the supply of new affordable for-sale housing stock by providing

funding to assist with the cost of construction, including but not limited to costs associated with construction costs, land acquisition, tap fees, building permits, or impact fees;

(d)  Maintain existing affordable housing through funding for the

preservation and restoration of affordable housing stock through rehabilitation, retrofitting, renovation, capital improvements, and repair of current affordable housing stock, including housing made available under 42 U.S.C. sec. 1437f and affordable housing for populations and households disproportionately impacted by the COVID-19 pandemic with commitments for long-term affordability. The uses covered by this subsection (3)(d) must include investments in one or more of the following:

(I)  Senior housing;


(II)  The purchase of and the remediation of low-quality or condemned

properties;

(III)  Housing units, integrated into nonsegregated housing developments,

specifically designed for people living with disabilities;

(IV)  Weatherization and energy improvements to multi-family and singe-family residents to maintain and improve the quality of affordable homes and rental

units;

(V)  The purchase and transition of current housing stock into affordable

housing, including properties currently in use on a short-term rental basis;

(VI)  Programs or initiatives to ensure that existing housing remains

affordable for local workforce or community households;

(VII)  Land acquisition for affordable housing;


(VIII)  Property conversion and adaptive reuse; or


(IX)  Permanent supportive housing;


(e)  Finance energy improvements in affordable housing, which will provide

funding for incremental up-front costs for efficient, electric measures, and renewable energy systems for both existing buildings and new housing construction;

(f)  Create permanently or long-term affordable homeownership

opportunities.

(4)  Loan program goals. (a)  The loan program must be administered with a

goal of generating enough return on loans made under the loan program to replenish the loan program for future loan allocations.

(b)  All loans financed through the loan program must offer flexible terms

and low-interest and below-market rates.

(5)  Loan program policies - eligibility for loan funding. (a)  The division or

the administrator, as applicable, shall establish and publicize policies for the loan program. At a minimum, the policies must address:

(I)  The process and deadlines for applying for and receiving a loan under the

loan program, including the information and documentation required for a loan application;

(II)  Eligibility criteria for individuals or entities applying for a loan under the

loan program;

(III)  The maximum assistance levels for loans;


(IV)  Loan terms, including interest rates and repayment terms;


(V)  Reporting requirements for loan recipients;


(VI)  Loan program fees, including the application fee, origination fee, and

closing cost policies;

(VII)  Underwriting and risk management policies;


(VIII)  The amount of any application or origination fees and closing cost

policies;

(IX)  The means by which eligible recipients who face barriers in establishing

borrower relationships with traditional lenders will be informed of the loan program and encouraged to apply for a loan financed through the loan program; and

(X)  Any additional requirements that the division deems necessary to

administer the loan program.

(a.5)  The application process for the loan program must be in accordance

with the process set forth in section 24-32-705.7. On or before September 1, 2024, the division shall amend any policies, procedures, and guidelines for the grant program that are not consistent with the application process set forth in section 24-32-705.7.

(b) (I)  In connection with the policies for the loan program that the division or

the administrator is required to establish and publicize pursuant to subsection (5)(a) of this section, the policies must specify that, in order for an eligible recipient to obtain loan funding directly from the division, an eligible recipient must follow procedures that shall be specified by the division to document the amount of leveraged funds proposed or committed as part of a loan application and the amount of funding sought from other sources, including demonstrated efforts by the eligible recipient to obtain financing for loan funding from financial institutions.

(II)  Notwithstanding any other provision of law, a lien filed by the division, is

superior only to any other lien placed on the same assets that is filed later in time except for a lien for unpaid property taxes.

(6)  Prioritization criteria. (a)  The general assembly hereby encourages the

division, to the extent practicable, in reviewing loan applications, to consider prioritizing applications for projects that:

(I)  Increase the supply of housing in communities across the state in

proportion to each community's demonstrated housing needs through:

(A)  A preference for mixed-income projects in which a percentage of units,

proportional to the demonstrated housing needs of the local community, within a particular development have restricted availability to households at and below the income levels specified in subsection (6)(b)(I) of this section. The percentage of restricted units and affordability levels must comply with laws enacted by local governments promoting the development of new affordable housing units pursuant to section 29-20-104 (1).

(B)  Developments in which housing units are restricted at income levels

demonstrated by local community needs as specified in subsection (6)(b)(I) of this section;

(II)  Are located in or serve communities that:


(A)  Face barriers to accessing capital from traditional sources;


(B)  Have suffered significant negative financial or other impacts resulting

from the COVID-19 pandemic; or

(C)  Are otherwise underserved;


(III)  Align with other state economic development efforts;


(IV)  Create permanently affordable home ownership opportunities;


(V)  Ensure the long-term affordability of any development or projects funded

by the loan program;

(VI)  Include units that are restricted for rental usage to persons with

disabilities or that include universal design features that allow individuals to reside in their dwelling units as they age; or

(VII)  Are highly energy efficient or use high-efficiency electric equipment for

space and water heating. The division may consult with the Colorado energy office created in section 24-38.5-101 (1) to develop criteria for meeting the objectives described in this subsection (6)(a)(VII).

(b) (I)  The rental and home ownership targets applicable to local

communities across the state as required by subsection (6)(a)(I) of this section are specified in this subsection (6)(b)(I) in accordance with the following:

(A)  For a household residing in housing on a rental basis, annual income of

the household is at or below one hundred twenty percent of the area median income of households of that size in the county in which the housing is located;

(B)  For a household residing in housing on a home-ownership basis, annual

income of the household is at or below one hundred twenty percent of the area median income of households of that size in the county in which the housing is located;

(C)  For a household residing in housing on a rental basis in rural resort

counties, annual income of the household is at or below one hundred forty percent of the area median income of households of that size in the county in which the housing is located; and

(D)  For a household residing in housing on a home ownership basis in rural

resort counties, annual income of the household is at or below one hundred sixty percent of the area median income of households of that size in the county in which the housing is located.

(II)  An applicant seeking funding for a particular development, project, or

program that is funded by the loan program may, at any time, request that the division grant the applicant an exception to the area median income levels specified in subsection (6)(b)(I) of this section based upon demonstrated unique economic and housing costs attributes in the local community in which the development, project, or program is located.

(c) (I)  Not later than September 1, 2022, the division of housing, created in

section 24-32-704 (1), shall classify each county in the state as urban, rural, or rural resort as used in subsection (6)(b)(I) of this section based upon the definitions of the terms as specified in the final report of the Colorado strategic housing working group final report, dated July 6, 2021. The division of housing shall regularly update and publish modifications of the initial classification of a particular county as it receives or produces information documenting changes in local economic circumstances and housing cost factors materially affecting such classifications.

(II)  Notwithstanding subsection (6)(c)(I) of this section, any county may

request from the division of housing:

(A)  A determination that a different income restriction should apply to that

county from the one made applicable to the county in accordance with subsection (6)(c)(I) of this section based upon the unique economic and housing cost factors present in the county. Not later than September 1, 2022, the division of housing shall publish any such modified income restrictions and the basis for any modification approved.

(B)  At any time, a reclassification of the county from the category in which

the county is initially classified pursuant to subsection (6)(c)(I) of this section based upon the unique economic and housing cost factors present in the county.

(d)  To the extent practicable, the division and the administrator, as

applicable, shall support innovative funding mechanisms that allow money to revolve quickly to ensure the rapid reuse of money for ongoing projects.

(7)  Publicizing the loan program. The division shall work with the minority

business office created in section 24-49.5-102, small business development centers, community development financial institutions, and stakeholder partners to promote the program to eligible recipients who primarily serve communities that are underserved or disadvantaged, including eligible recipients located in rural counties. On or before December 1, 2022, the division shall develop and administer a marketing initiative for the program in coordination with the minority business office created in section 24-49.5-102, the small business assistance center created in section 24-48.5-102, local chambers of commerce, and other local and regional economic development entities to promote the program to eligible recipients and target communities. The marketing initiative shall be conducted in the top spoken languages in those communities.

(8)  Gifts, grants, and donations - leveraging federal money. (a)  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.

(b)  The division may expend, deploy, or leverage money received from

federal government programs that support loans and investments for one or more of the eligible projects specified in subsection (3) of this section to make loans under the loan program or to otherwise market, promote, or support loans under the program, if allowed under federal law.

(9)  Transformational affordable housing revolving loan fund - transfer of

money to fund - payment of administrative costs - appropriation. (a) The transformational affordable housing revolving loan fund is hereby created in the state treasury. The fund consists of money transferred to the fund in accordance with subsection (9)(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 (8)(a) 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 department for the

purposes specified in this section. The department may expend up to five percent of the money appropriated or transferred into, or repaid from, the fund on an annual basis to pay for its direct and indirect costs in administering this section.

(d)  On July 1, 2022, the state treasurer shall transfer one hundred fifty million

dollars from the affordable housing and home ownership cash fund created in section 24-75-229 (3)(a) that originates from the general fund, to the fund. The division shall use the money transferred pursuant to this subsection (9)(d) only for:

(I)  Making loans to eligible recipients pursuant to the loan program; and


(II)  The costs of administering the loan program as may be incurred by the

division or the administrator, as applicable, in accordance with subsection (9)(c) of this section. All such administrative costs must be paid out of the money either transferred to the fund pursuant to this subsection (9)(d) or that is appropriated to the fund.

(10)  Reporting. In connection with the public report the division prepares in

accordance with section 24-32-705.5 (1), the division shall include in the report information summarizing the use of all of the money that was provided as a loan from the loan program in the preceding state fiscal year. At a minimum, the information included in the report pertaining to the loan program must specify the number of eligible recipients that applied for a loan, the number of eligible recipients that were not awarded a loan, the amount of loan money distributed to each loan recipient, a description of each loan recipient's use of the loan money, the use of loan money along the housing and income spectrums, the amount of time from completion of a loan application through the funding of a loan, recommendations concerning future administration of the loan program, and how the use of the loan furthered the vision of transformational affordable housing described in the final report of the task force established in section 24-75-229 (6)(a). The division shall also include in the report its recommendations concerning future administration of the loan program.

Source: L. 2022: Entire section added, (SB 22-159), ch. 230, p. 1698, � 2,

effective May 26. L. 2024: (5)(a.5) added, (HB 24-1308), ch. 295, p. 2014, � 9, effective August 7.

Cross references: For the legislative declaration in SB 22-159, see section 1

of chapter 230, Session Laws of Colorado 2022. For the legislative declaration in HB 24-1308, see section 1 of chapter 295, Session Laws of Colorado 2024.

C.R.S. § 24-38-205

24-38-205. Organizations banned from contract awards. Notwithstanding any provision of this part 2 to the contrary, any organization banned from receiving federal funds, and any successor organizations, shall not be awarded a public-private initiative contract pursuant to this part 2.

Source: L. 2010: Entire part added, (HB 10-1010), ch. 90, p. 309, � 1, effective

August 11.

ARTICLE 38.3

Office of Marijuana Coordination

24-38.3-101 and 24-38.3-102. (Repealed)


Source: L. 2017: Entire article repealed, (HB 17-1295), ch. 258, p. 1076, � 1,

effective July 1.

Editor's note: This article 38.3 was added in 2014. For amendments to this

article 38.3 prior to its repeal in 2017, consult the 2016 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.

ARTICLE 38.5

Colorado Energy Office

PART 1

GENERAL PROVISIONS

24-38.5-101.  Colorado energy office - creation. (1)  There is hereby created

within the office of the governor the Colorado energy office, the head of which is the director of the Colorado energy office. The director of the office shall be assisted by a deputy director and a staff to fulfill the office's mission to:

(a)  Support Colorado's transition to a more equitable, low-carbon, and clean

energy economy and promote resources that reduce air pollution and greenhouse gas emissions, including pollution and emissions from electricity generation, buildings, industry, agriculture, and transportation;

(b)  Promote economic development and high quality jobs in Colorado

through advancing clean energy, transportation electrification, and other technologies that reduce air pollution and greenhouse gas emissions, including helping to finance those investments;

(c)  Promote energy efficiency;


(d)  Promote an equitable transition toward zero emission buildings;


(e)  Promote an equitable transition to transportation electrification, zero

emission vehicles, transportation systems, and land use patterns that reduce energy use and greenhouse gas emissions;

(f)  Increase energy security;


(g)  Support lower long-term consumer costs and support reduced energy

cost burden for lower-income Coloradans; and

(h)  Protect the environment and public health.


Source: L. 2008: Entire article added, p. 66, � 1, effective March 18. L. 2012:

Entire section amended, (HB 12-1315), ch. 224, p. 963, � 16, effective July 1. L. 2021: Entire section R&RE, (HB 21-1266), ch. 411, p. 2750, � 20, effective July 2.

Cross references: For the short title (Environmental Justice Act) and the

legislative declaration in HB 21-1266, see sections 1 and 2 of chapter 411, Session Laws of Colorado 2021.

24-38.5-102.  Colorado energy office - duties and powers - definitions. (1)

The Colorado energy office shall:

(a)  Work with communities, utilities, and private and public organizations to:


(I)  Support achieving legislative goals to reduce statewide greenhouse gas

pollution, as defined in section 25-7-103 (22.5);

(II)  Make progress toward eliminating greenhouse gas pollution from

electricity generation, gas utilities, and transportation;

(III)  Implement the renewable energy standard established in section 40-2-124;


(IV)  Support the deployment of renewable energy, such as wind,

hydroelectricity, solar, clean hydrogen, and geothermal;

(V)  Evaluate, and when appropriate, support the deployment of cleaner

energy sources such as clean hydrogen, geothermal, recovered methane, recovered heat, and advanced nuclear;

(VI)  Support the deployment of energy efficiency and energy load

management technologies and practices;

(VII)  Evaluate, and where appropriate, support the deployment of innovative

energy technologies as described in section 40-2-123;

(VIII)  Support the deployment of energy storage systems, including both

long-duration and short-duration energy storage;

(IX)  Support the implementation of clean heat plans pursuant to section 40-3.2-108;


(X)  Support widespread transportation electrification;


(XI)  Support beneficial electrification, as defined in section 40-1-102 (1.2) in

the building, industrial, and oil and gas sectors;

(XII)  Support industrial emissions reductions;


(XIII)  Support pollution reduction through carbon capture and sequestration

and other forms of carbon management; and

(XIV)  Support sustainable land-use patterns that reduce energy

consumption and greenhouse gas pollution.

(b)  Develop programs to reduce energy use and greenhouse gas pollution

from buildings in commercial and residential markets;

(c)  Support efforts to reduce greenhouse gas pollution by state government

through energy efficiency, load management, renewable energy, transportation electrification, and cleaner procurement;

(d)  Promote technology transfer and economic development;


(e)  Support the adoption and implementation of advanced energy codes that

reduce energy use and greenhouse gas emissions and provide information and technical assistance concerning the implementation and enforcement of energy codes to both counties and municipalities, including as specified in sections 24-38.5-103, 24-38.5-401, 24-38.5-402, and 31-15-602 (7);

(f)  Collaborate with the state board of land commissioners regarding

renewable energy resource development as specified in section 36-1-147.5 (4);

(g)  Provide home energy efficiency improvements for low-income

households, including through the weatherization assistance program, as specified in section 40-8.7-112 (3)(b);

(h)  Collaborate with stakeholders to develop and encourage increased

utilization of energy curricula, including science, technology, engineering, and math curricula, that will serve the workforce needs of clean energy industries. Such collaboration may include executive departments, research institutions, state colleges, community colleges, industry, and trade organizations in an effort to develop a means by which the state may address all facets of workforce demands in supporting a clean energy future. Institutions may also partner in the development of curricula with organizations that have existing energy curricula and training programs.

(i)  Annually report to the senate transportation and energy committee and

the house energy and environment committee, or their successor committees;

(j)  Administer the electric vehicle grant fund created in section 24-38.5-103

(1)(a) and the community access enterprise created in section 24-38.5-303 (1);

(k)  Assist the executive director of the department of local affairs in

allocating revenues from the geothermal resource leasing fund to eligible entities pursuant to section 34-63-105;

(l)  Develop basic consumer education or guidance about leased solar

installation and purchased solar installation in consultation with industries that offer these options to consumers;

(m)  In consultation with the appropriate industries, develop basic consumer

education or guidance about purchased or, if available, leased installation of a system that uses geothermal energy for water heating or space heating or cooling in a single building or for space heating for more than one building through a pipeline network;

(n)  Develop and publish an EV charger permitting model code that contains

guidelines for the adoption of EV charger permit standards and permitting processes for counties and municipalities in accordance with sections 30-28-213 (3) and 31-23-316 (3); and

(o)  Provide assistance and support to a board of county commissioners or the

governing body of a municipality in developing ordinances or resolutions for the permitting of electric motor vehicle charging systems in accordance with sections 30-28-213 (6) and 31-23-316 (6).

(2)  Repealed.


(3)  The Colorado energy office shall notify the house of representatives and

senate committees of reference to which the office is assigned pursuant to section 2-7-203 (1), C.R.S., as part of its State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act hearing required by section 2-7-203 (2), C.R.S., if it has made any changes to:

(a)  Any performance plans and performance evaluations required pursuant

to section 2-7-204, C.R.S.;

(b)  Office policies related to energy transmission; and


(c)  Office policies that positively or negatively impact the energy sector.


(3.3)  As part of the hearing required by section 2-7-203 (2), for hearings held

on or after January 1, 2025, but before January 1, 2034, the Colorado energy office shall report on the estimated impact of greenhouse gas emissions reductions attributable to the tax credits created in sections 39-22-551, 39-22-552, 39-22-553, 39-22-554, 39-22-555, and 39-22-556.

(4)  The Colorado energy office may update the greenhouse gas pollution

reduction roadmap, published by the office and dated January 14, 2021, or as amended thereafter, to expressly include geothermal energy as a renewable energy resource that qualifying retail utilities may use to achieve the electric utility sector greenhouse gas pollution reduction goals set forth in the greenhouse gas pollution reduction roadmap.

(5) (a)  As used in this subsection (5), unless the context otherwise requires:


(I)  Decarbonization tax credits means the tax credits created in sections

39-22-551, 39-22-552, 39-22-553, 39-22-554, 39-22-555, and 39-22-556.

(II)  Standards mean the standards or guidelines the office is authorized to

adopt to implement the decarbonization tax credits.

(b)  Notwithstanding section 24-1-136 (11)(a)(I), beginning on and after January

1, 2024, but before January 1, 2033, the Colorado energy office shall annually report to the transportation and energy committee of the senate, the energy and environment committee of the house of representatives, and the finance committees of the senate and the house of representatives, or any successor committees, the following:

(I)  Standards adopted in the preceding year;


(II)  Amendments, modifications, changes, or repeals to previously adopted

standards in the preceding year; and

(III)  Information on any public comment solicited or received pursuant to the

adoption of standards or to the amendment, modification, change, or repeal of previously adopted standards.

(c)  The Colorado energy office may include the information required in

subsection (5)(b) of this section in its annual presentation to its joint committees of reference pursuant to section 2-7-203.

(d)  If in the preceding year the Colorado energy office does not adopt new

standards or make any changes or modifications to adopted standards, then it is not required to report in that year pursuant to subsection (5)(b) of this section.

(e)  This subsection (5) is repealed, effective December 1, 2033.


Source: L. 2008: Entire article added, p. 66, � 1, effective March 18; (1)(l)

amended, p. 1871, � 5, effective June 2. L. 2009: (1)(s) added, (HB 09-1298), ch. 417, p. 2317, � 5, effective June 4; (1)(q) added, (SB 09-075), ch. 418, p. 2319, � 2, effective August 5; (1)(r) added, (HB 09-1312), ch. 253, p. 1145, � 3, effective August 5. L. 2010: (1)(t) added, (SB 10-174), ch. 189, p. 811, � 4, effective August 11. L. 2012: IP(1), (1)(a), (1)(e), and (1)(o) amended, (1)(s) and (2) repealed, and (3) added, (HB 12-1315), ch. 224, p. 963, � 17, effective July 1. L. 2013: (3)(a) amended, (HB 13-1299), ch. 382, p. 2244, � 7, effective June 5. L. 2016: (1)(h) repealed, (SB 16-189), ch. 210, p. 767, � 51, effective June 6. L. 2018: (1)(a) and (1)(o) amended and (1)(f), (1)(g), (1)(i), and (1)(r) repealed, (SB 18-003), ch. 359, p. 2132, � 5, effective June 1. L. 2019: (1)(n) amended, (SB 19-236), ch. 359, p. 3333, � 27, effective May 30. L. 2020: (1)(u) added, (HB 20-1155), ch. 193, p. 895, � 1, effective September 14. L. 2022: (1)(v) and (4) added, (SB 22-118), ch. 335, p. 2369, � 1, effective August 10. L. 2023: (3.3) and (5) added, (HB 23-1272), ch. 167, p. 812, � 16, effective May 11; (1) amended, (SB 23-016), ch. 165, p. 730, � 2, effective August 7. L. 2024: (1)(l) and (1)(m) amended and (1)(n) and (1)(o) added, (HB 24-1173), ch. 215, p. 1321, � 4, effective August 7.

Cross references: For the legislative declaration in HB 23-1272, see section 1

of chapter 167, Session Laws of Colorado 2023. For the legislative declaration in HB 24-1173, see section 1 of chapter 215, Session Laws of Colorado 2024.

24-38.5-102.4.  Energy fund - creation - use of fund - definitions - report -

repeal. (1) (a) (I) The energy fund is created in the state treasury. The principal of the fund consists of money transferred to the fund from the general fund; money transferred to the fund at the end of the 2006-07 state fiscal year and at the end of each succeeding state fiscal year from money received by the Colorado energy office; money received pursuant to the federal American Recovery and Reinvestment Act of 2009, Pub.L. 111-5, or any amendments thereto; money received pursuant to revenue contracts, court settlement funds, supplemental environmental program funds, or the repayment or return of funds from eligible public depositories; money transferred to the fund pursuant to sections 6-7.5-110 (2)(a), 25-5-1406 (3)(a), and 25-7-1507 (3)(a); money received as gifts, grants, and donations; and any other money received by the Colorado energy office. Money in the fund at the end of any state fiscal year remains in the fund and may not be credited to the state general fund or any other fund. Money in the fund may not be transferred to the innovative energy fund created in section 24-38.5-102.5.

(II) and (III)  Repealed.


(IV) (A)  On July 1, 2025, the state treasurer shall transfer one hundred

twenty-five thousand dollars from the energy fund to the general fund.

(B)  This subsection (1)(a)(IV) is repealed, effective July 1, 2026.


(b)  For purposes of this section, Colorado energy office means the

Colorado energy office created in section 24-38.5-101.

(2) (a)  All money in the energy fund is continuously appropriated to the

Colorado energy office for the purposes of advancing energy efficiency and renewable energy throughout the state.

(b)  The Colorado energy office may expend money from the energy fund:


(I)  To attract renewable energy industry investment in the state;


(II)  To assist in technology transfer into the marketplace for newly developed

energy efficiency and renewable energy technologies;

(III)  To provide market incentives for the purchase and distribution of energy

efficient and renewable energy products;

(IV)  To assist in the implementation of energy efficiency projects throughout

the state;

(V)  To aid governmental agencies in energy efficiency government

initiatives;

(VI)  To facilitate widespread implementation of renewable energy

technologies;

(VII)  To educate the general public on energy issues and opportunities;


(VII.5)  To implement the building performance program defined in section

24-38.5-112 (3)(b) and described in that section and section 25-7-142; and

(VIII)  In any other manner that serves the purposes of advancing energy

efficiency and renewable energy throughout the state.

(c) (I)  Subject to the provisions of subparagraph (II) of this paragraph (c), the

moneys in the clean and renewable energy fund may also be used by the Colorado energy office to make grants or loans to persons, as defined in section 2-4-401 (8), C.R.S., for use in carrying out the purposes of this section. The Colorado energy office shall consider the following information in determining whether to make a grant or loan:

(A)  The amount of the grant or loan;


(B)  The quantified impact on energy demand or amount of clean energy

production generated as a result of the grant or loan;

(C)  The potential economic impact of the grant or loan; and


(D)  The public benefits expected to result from the grant or loan.


(II)  The Colorado energy office may establish terms and conditions for

making grants or loans pursuant to this section and in accordance with the objectives of the office as set forth in section 24-38.5-102.

(3) and (4)  Repealed.


(5) (a)  For state fiscal years commencing on or before July 1, 2024, and on or

after July 1, 2026, the state treasurer shall credit all interest and income derived from the deposit and investment of money in the energy fund to the fund.

(b)  Notwithstanding subsection (1)(a)(I) of this section, for the state fiscal

year commencing on July 1, 2025, in accordance with section 24-36-114 (1), the state treasurer shall credit all interest and income derived from the deposit and investment of money in the energy fund to the general fund.

(c) (I)  On June 30, 2025, the state treasurer shall transfer four hundred sixty-six thousand eight hundred two dollars from the energy fund to the general fund.


(II)  This subsection (5)(c) is repealed, effective July 1, 2026.


Source: L. 2012: Entire section added, (HB 12-1315), ch. 224, p. 965, � 18,

effective July 1. L. 2018: (1)(a)(I), (2)(a), and (2)(b) amended, (SB 18-003), ch. 359, p. 2133, � 6, effective June 1. L. 2021: (3) added, (SB 21-230), ch. 226, p. 1206, � 1, effective June 14; (4) added, (SB 21-231), ch. 227, p. 1208, � 1, effective June 14; (2)(b)(VII) amended and (2)(b)(VII.5) added, (HB 21-1286), ch. 326, p. 2083, � 2, effective September 7. L. 2023: (1)(a)(I) amended, (HB 23-1161), ch. 285, p. 1717, � 10, effective August 7. L. 2025: (1)(a)(IV) added, (SB 25-264), ch. 129, p. 502, � 21, effective April 25; (1)(a)(I) amended and (5) added, (SB 25-317), ch. 385, p. 2147, � 17, effective June 3.

Editor's note: (1)  This section is similar to former � 24-75-1201 as it existed

prior to 2012.

(2)  Subsection (1)(a)(II)(B) provided for the repeal of subsection (1)(a)(II),

effective January 1, 2013. (See L. 2012, p. 965.)

(3)  Subsection (1)(a)(III)(B) provided for the repeal of subsection (1)(a)(III),

effective January 1, 2017. (See L. 2012, p. 965.)

(4)  Subsection (4)(c) provided for the repeal of subsection (4), effective July

1, 2024. (See L. 2021, p. 1208.)

(5)  Subsection (3)(d) provided for the repeal of subsection (3), effective July

1, 2025. (See L. 2021, p. 1206.)

Cross references: For the legislative declaration in SB 25-317, see section 1

of chapter 385, Session Laws of Colorado 2025.

24-38.5-102.5.  Innovative energy fund - creation - use of fund - definitions

• repeal. (1) (a) (I) The innovative energy fund is created in the state treasury. The principal of the fund consists of money transferred to the fund by the general assembly, money transferred at the end of each state fiscal year from money received by the Colorado energy office, or from revenue contracts, court settlement funds, supplemental program funds, repayment or return of funds from eligible public depositories, and gifts, grants, and donations, and any other money received by the Colorado energy office. Money in the fund at the end of any state fiscal year remains in the fund and may not be credited to the state general fund or any other fund. Money in the fund may not be transferred to the energy fund created in section 24-38.5-102.4.

  (II) (A) For state fiscal years commencing on or before July 1, 2024, the state treasurer shall credit all interest and income derived from the deposit and investment of money in the innovative energy fund to the innovative energy fund.

  (B) Notwithstanding subsection (1)(a)(I) of this section, for state fiscal years commencing on or after July 1, 2025, in accordance with section 24-36-114 (1), the state treasurer shall credit all interest and income derived from the deposit and investment of money in the innovative energy fund to the general fund.

  (C) On June 30, 2025, the state treasurer shall transfer four thousand two hundred eighty-five dollars from the innovative energy fund to the general fund. This subsection (1)(a)(II)(C) is repealed, effective July 1, 2026.

  (b) For purposes of this section:

  (I) Colorado energy office means the Colorado energy office created in section 24-38.5-101.

  (II) Innovative energy means an existing, new, or emerging technology that:

  (A) Enables the use of a local fuel source;

  (B) Establishes a more efficient or environmentally beneficial use of energy; and

  (C) Helps to create energy independence or energy security for the state.

  (2) (a) All moneys in the innovative energy fund are continuously appropriated to the Colorado energy office for the purposes of advancing innovative energy efficiency throughout the state; except that the moneys are limited to efficiency projects and any other projects related to the severance of minerals subject to taxation under article 29 of title 39, C.R.S.

  (b) The Colorado energy office may expend moneys from the innovative energy fund:

  (I) To overcome market barriers facing emerging and cost-effective energy technologies;

  (II) To promote robust research, development, commercialization, and financing of innovative energy technologies;

  (III) To educate the general public on energy issues and opportunities;

  (IV) To attract innovative energy industry investment in the state;

  (V) To assist in technology transfer into the marketplace for newly developed innovative energy efficiency technologies;

  (VI) To provide market incentives for the purchase and distribution of efficient innovative energy products;

  (VII) To assist in the implementation of innovative energy efficiency projects throughout the state;

  (VIII) To aid governmental agencies in innovative energy efficiency government initiatives;

  (IX) To facilitate widespread implementation of innovative energy technologies; and

  (X) In any other manner that serves the purposes of advancing innovative energy efficiency throughout the state.

  (c) (I) Subject to the provisions of subparagraph (II) of this paragraph (c), the moneys in the innovative energy fund may also be used by the Colorado energy office to make grants or loans to persons, as defined in section 2-4-401 (8), C.R.S., for use in carrying out the purposes of this section. The Colorado energy office shall consider the following information in determining whether to make a grant or loan:

  (A) The amount of the grant or loan;

  (B) The quantified impact on energy demand or amount of innovative energy production generated as a result of the grant or loan;

  (C) The potential economic impact of the grant or loan; and

  (D) The public benefits expected to result from the grant or loan.

  (II) The Colorado energy office may establish terms and conditions for making grants or loans pursuant to this section and in accordance with the objectives of the office as set forth in section 24-38.5-102.

  (3) (a) Notwithstanding any provision of this section to the contrary, on July 1, 2025, the state treasurer shall transfer one hundred fifty-four thousand eight hundred sixty-two dollars from the innovative energy fund to the general fund.

  (b) This subsection (3) is repealed, effective July 1, 2026.

  Source: L. 2012: Entire section added, (HB 12-1315), ch. 224, p. 966, � 19, effective July 1. L. 2018: (1)(a) and (2)(c)(II) amended, (SB 18-003), ch. 359, p. 2134, � 7, effective June 1. L. 2025: (3) added, (SB 25-264), ch. 129, p. 503, � 22, effective April 25; (1)(a) amended, (SB 25-317), ch. 385, p. 2148, � 18, effective June 3.

  Cross references: For the legislative declaration in SB 25-317, see section 1 of chapter 385, Session Laws of Colorado 2025.

  24-38.5-102.6. Climate change mitigation and adaptation fund - creation - use. (1) The climate change mitigation and adaptation fund, referred to in this section as the fund, is created in the state treasury. The fund consists of:

  (a) Civil penalties assessed pursuant to section 25-7-122 (1)(i) and credited to the fund pursuant to section 25-7-122 (1)(i)(III);

  (b) Building performance program fees credited to the fund pursuant to section 24-38.5-112 (1)(e), which fees must be separately accounted for in the fund;

  (c) Gifts, grants, and donations made to the Colorado energy office to help finance its administration of climate change mitigation or adaptation programs and policies;

  (d) Any money that the general assembly may appropriate or transfer to the fund; and

  (e) Any other money credited to the fund.

  (2) Money in the fund is continuously appropriated to the Colorado energy office for the purpose of financing and administering the building performance program defined in section 24-38.5-112 (3)(b) and described in that section and section 25-7-142.

  (3) The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund.

  Source: L. 2021: Entire section added, (HB 21-1286), ch. 326, p. 2083, � 3, effective September 7. L. 2025: IP(1) and (1)(a) amended, (HB 25-1269), ch. 216, p. 993, � 7, effective May 20.

  Editor's note: 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.

  24-38.5-102.7. Colorado energy saving mortgage program - definitions. (1) As used in this section, unless the context otherwise requires:

  (a) Accredited home energy rating provider means a person who RESNET has accredited through the mortgage industry national home energy rating system accreditation standard as a rating provider and who appears on RESNET's national registry of accredited rating providers or a person who meets other rating provider requirements adopted in guidelines by the Colorado energy office pursuant to paragraph (c) of subsection (4) of this section.

  (b) Certified home energy rater means an individual who an accredited home energy rating provider has certified as a RESNET home energy rater to inspect and evaluate a home's energy features, assign a HERS index score to the home, and recommend energy efficiency improvements or an individual who meets other rater certification requirements adopted in guidelines by the Colorado energy office pursuant to paragraph (c) of subsection (4) of this section.

  (c) Colorado energy saving mortgage program or program means the Colorado energy star/energy saving mortgage program administered by the Colorado energy office as of January 1, 2013, as modified by this section or by any program changes implemented by the Colorado energy office within the limitations specified in this section, or any successor program.

  (d) Energy efficient home means a home that a certified home energy rater has certified as having a HERS index score of not more than fifty or that meets other requirements for being an energy efficient home that the Colorado energy office adopts in guidelines pursuant to subsection (4) of this section.

  (e) Energy saving mortgage means a mortgage issued to a borrower by a participating lender through the Colorado energy saving mortgage program for the purpose of financing:

  (I) The purchase of a newly built energy efficient home; or

  (II) Improvements to an existing home that:

  (A) Are made in accordance with recommendations made by or approved by the Colorado energy office following a residential energy audit of the home; and

  (B) Are confirmed by post-installation verification conducted by the Colorado energy office or a vendor, including but not limited to a participating utility, under contract with the office to have improved the energy efficiency of the home to the extent required by the Colorado energy office.

  (f) HERS index means the home energy rating system index established by RESNET to measure the energy efficiency of a home.

  (g) Participating lender means a bank, credit union, other financial institution, or independent mortgage broker that participates in the Colorado energy saving mortgage program by issuing energy saving mortgages and contributing funding that reduces the total cost of the mortgages to the borrowers.

  (h) Participating public utility means a public utility, as defined in section 40-1-103, C.R.S., including any municipality that operates an electric utility and any cooperative electric or gas association or nonprofit electric corporation or association, that:

  (I) Provides electricity or natural gas to residential customers, without regard to whether the utility, association, or corporation is subject to or exempt, in whole or in part, from the Public Utilities Law, articles 1 to 7 of title 40, C.R.S.;

  (II) Chooses to participate in the Colorado energy saving mortgage program by meeting all requirements for participation set forth in guidelines adopted by the Colorado energy office; and

  (III) If it is required to comply with the provisions of article 3.2 of title 40, C.R.S., has, prior to its initial participation in the Colorado energy savings mortgage program, had the public utilities commission approve a participation plan.

  (i) RESNET means the residential energy services network that is a recognized national standards-making body for building energy efficiency rating and certification systems in the United States.

  (2) The Colorado energy office may spend any available moneys to fund energy saving mortgages subject to the following limitations:

  (a) To the extent feasible, the Colorado energy office shall spend money evenly on energy saving mortgages that finance purchases of newly built energy efficient homes and energy saving mortgages that finance improvements to existing residences;

  (b) Each energy saving mortgage may include funding that reduces the total cost of the mortgage to the borrower from both a participating public utility and a participating lender. The Colorado energy office may adopt guidelines to specify minimum percentages of total funding for an energy saving mortgage that each nonstate source of funding must provide.

  (c) If a utility chooses to participate in the Colorado energy savings mortgage program by providing demand-side management program moneys, such moneys may only be used towards energy savings attributable to energy efficiency improvements and not towards energy savings attributable to renewable energy or on-site energy generation improvements.

  (d) If a utility has existing demand-side management programs for residential new construction or whole-house existing retrofits, the utility must identify, in a demand-side management plan approved by the public utilities commission prior to the utility's initial participation in the Colorado energy mortgage savings program, how it will track participation in all programs, including the Colorado energy savings mortgage program, to ensure that customers do not receive multiple incentives.

  (e) The Colorado energy office may only approve an energy saving mortgage that finances improvements to an existing home if the improvements are made by or approved by the office following a residential energy audit of the home and are confirmed by post-installation verification to have increased the energy efficiency of the home to the extent required by the office. The office may adopt guidelines that specify requirements for energy efficiency increases and the conduct of residential energy audits and post-installation testing.

  (f) Subject to the following maximum value limitations, the Colorado energy office may adopt energy savings-based guidelines that set forth the maximum total value to the borrower in terms of reduction in the total costs of an energy saving mortgage:

  (I) For an energy saving mortgage that finances the purchase of a new energy efficient home, the maximum total value to the borrower in terms of reduction in the total costs of an energy saving mortgage is:

  (A) For a home that has a HERS index score of zero, eight thousand dollars or any lower amount that the Colorado energy office establishes in guidelines; or

  (B) For a home that has a HERS index score that is greater than zero but no more than fifty, any lower amounts that the Colorado energy office establishes in guidelines subject to the limitation that if the office establishes multiple lower amounts, those amounts must increase as the HERS index score of a home decreases;

  (II) For an energy saving mortgage that finances improvements to an existing home, the maximum total value to the borrower in terms of reduction in the total costs of an energy saving mortgage is the lesser of any energy savings-based amount adopted in guidelines by the Colorado energy office or eight thousand dollars.

  (g) The Colorado energy office may spend moneys contributed by a participating public utility only for energy saving mortgages for homes within the service area of the participating public utility.

  (h) If demand-side management moneys contributed by a participating utility, when combined with moneys from all other sources, yield an incentive amount that exceeds the incremental cost of the energy saving improvements, the utility must set forth the treatment of the demand-side management moneys in its demand-side management plan and have that treatment approved by the public utilities commission.

  (i) If the participation of a participating utility causes additional energy savings improvements to be made, due to the matching Colorado energy office and lender moneys, the public utilities commission may include the additional energy savings benefits and exclude the additional leveraged moneys from the benefit-cost ratio calculation described in section 40-1-102 (5)(b), C.R.S.

  (3) A participating public utility receives credit for its participation in the program towards any demand side management program targets, contingent upon public utilities commission approval, pursuant to article 3.2 of title 40, C.R.S., or may receive credit towards any greenhouse gas emissions requirements that may be established in the future.

  (4) Notwithstanding any other provision of this section, if another index or measure supersedes the HERS index as the industry standard for measuring building energy efficiency, the Colorado energy office may adopt guidelines that:

  (a) Adopt the other index or measure as the standard for determining the energy efficiency of a new home or existing residence;

  (b) Specify values on the new index or measure that are comparable to the HERS index scores and point improvements specified in this section and are to be used to determine eligibility for and the maximum value of energy saving mortgages; and

  (c) Specify the requirements and procedures, including any required accreditation of rating providers or certification of raters, that must be complied with in rating a new home or existing residence under the other index or measure.

  Source: L. 2013: Entire section added, (HB 13-1105), ch. 346, p. 2008, � 1, effective May 28.

  24-38.5-103. Electric vehicle grant fund - creation - administration - legislative declaration. (1) (a) (I) There is created in the state treasury the electric vehicle grant fund, referred to in this section as the fund. The Colorado energy office shall use the fund to:

  (A) Provide grants to state agencies, public universities, public transit agencies, local governments, landlords of multifamily apartment buildings, private nonprofit or for-profit corporations, and the unit owners' associations of common interest communities as defined in article 33.3 of title 38 to install charging stations for electric vehicles;

  (B) Cover the administrative costs of providing grants pursuant to subsection (1)(a)(I)(A) of this section;

  (C) Provide analysis and technical support related to the development, permitting, and energization of electric vehicle charging stations, including providing technical assistance to counties and municipalities in accordance with sections 30-28-213 (6) and 31-23-316 (6);

  (D) Support or directly engage in operational and policy work to support electric vehicle adoption, electric vehicle charging, and affordable, clean electricity for electric vehicles, including covering the administrative costs of this work; and

  (E) Support the development and enforcement of retail electric vehicle charging rules by the division of oil and public safety in the department of labor and employment.

  (II) The Colorado energy office shall prioritize grants provided pursuant to subsection (1)(a)(I) of this section based upon:

  (A) The extent to which the proposed recipients' charging locations are likely to effectively serve existing electric vehicles or encourage the acquisition of additional electric vehicles;

  (B) The extent to which one or more charging stations would not be installed but for the financial assistance provided by a grant from the fund; and

  (C) Any other criteria defined by the Colorado energy office.

  (b) The general assembly declares that while the intent of this section is to provide assistance and additional incentive where needed to encourage the installation of charging stations thereby maximizing the number of stations that can be installed using the limited resources available from the fund, the Colorado energy office may grant the full cost of an installation or help offset station operating costs in a location that is especially advantageous for support of the electric vehicle market but where other revenues are not and will not foreseeably be available to defray the costs.

  (2) The Colorado energy office is authorized to seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this section. All private and public funds received through gifts, grants, or donations shall be transmitted to the state treasurer, who shall credit the same to the fund. The money in the fund is continuously appropriated to the Colorado energy office. Any money in the fund not expended for the purposes of this section 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 must remain in the fund and must not be credited or transferred to the general fund or another fund.

  Source: L. 2009: Entire section added, (SB 09-075), ch. 418, p. 2319, � 3, effective August 5. L. 2012: (2) amended, (HB 12-1315), ch. 224, p. 968, � 20, effective July 1. L. 2013: (1) amended, (SB 13-126), ch. 165, p. 538, � 3, effective May 3. L. 2014: (1) amended, (SB 14-028), ch. 114, p. 412, � 1, effective April 11. L. 2019: IP(1)(a), (1)(b), and (2) amended, (1)(a)(I) repealed, and (1)(a)(IV) added, (HB 19-1198), ch. 123, p. 532, � 1, effective August 2. L. 2024: (1)(a) amended, (HB 24-1173), ch. 215, p. 1321, � 5, effective August 7. L. 2025: (1)(a)(I)(B) amended and (1)(a)(I)(D) and (1)(a)(I)(E) added, (HB 25-1267), ch. 252, p. 1262, � 3, effective August 6.

  Cross references: For the legislative declaration in HB 24-1173, see section 1 of chapter 215, Session Laws of Colorado 2024.

  24-38.5-104. Photovoltaic installer qualifications - cooperation with department of regulatory agencies. (Repealed)

  Source: L. 2010: Entire section added, (HB 10-1001), ch. 37, p. 152, � 5, effective August 11. L. 2012: (2) amended, (HB 12-1315), ch. 224, p. 968, � 21, effective July 1. L. 2018: Entire section repealed, (SB 18-003), ch. 359, p. 2135, � 8, effective June 1.

  24-38.5-105. Clean energy improvement debt reserve fund - authorization - use. (1) (a) The clean energy improvement debt reserve fund is hereby created in the state treasury. The principal of the fund shall consist of up to ten million dollars of legally available moneys from nonstate sources under the control of the Colorado energy office, which the state treasurer shall promptly credit to the fund if instructed in writing to do so by the director of the Colorado energy office, and any fees paid to the state treasurer in accordance with subparagraph (II) of paragraph (b) of this subsection (1). All interest and income derived from the deposit and investment of moneys in the fund shall be credited to the fund, and all unexpended and unencumbered moneys in the fund at the end of any fiscal year shall remain in the fund. The fund is hereby continuously appropriated to the state treasurer, who may expend moneys from the fund solely for the purposes of paying principal and interest on bonds issued by a local improvement district or other special district as specified in paragraph (c) of this subsection (1) and defraying any direct and indirect costs incurred by the state treasurer in executing duties required by this section.

  (b) (I) If the Colorado energy office instructs the state treasurer to credit moneys from nonstate sources to the clean energy improvement debt reserve fund, with prior written authorization from the director of the Colorado energy office and the state treasurer and after agreeing to pay fees to be credited to the fund to the state treasurer as specified in subparagraph (II) of this paragraph (b), a local improvement district or other special district that imposes special assessments on real property and issues bonds payable from the revenues generated by the special assessments to generate the moneys needed to pay the up-front costs of making renewable energy improvements or clean energy improvements as authorized by part 6 of article 20 of title 30, C.R.S., or any other provision of law may rely on the clean energy improvement debt reserve fund as a backup source of moneys that may be used, after the depletion of any district debt service reserve fund, for the payment of principal and interest owed to holders of the district's bonds.

  (II) A local improvement district or other district that issues bonds and that wishes to rely on the clean energy improvement debt reserve fund as a backup source of moneys for the payment of principal and interest owed to holders of the bonds shall enter into a written agreement with the Colorado energy office to pay to the state treasurer for crediting to the fund such fees for the privilege of relying on the fund as the Colorado energy office may require. Fees to be paid by a district as required by the Colorado energy office shall be deemed to be a portion of the amount of the interest rate savings resulting from more favorable financing terms attributable to the reliance upon the fund. The Colorado energy office may, in its discretion, require that fees be paid on an annual basis, commencing and calculated on the date of issuance of the bonds and on each one-year anniversary of the issuance of the bonds thereafter while the bonds remain outstanding, in an amount equal to a number of basis points of the principal amount of the bonds outstanding as of each calculation date agreed upon by the office and the district.

  (c) Whenever the paying agent responsible for making payments to the holders of any bonds issued by a district that has relied upon the clean energy improvement debt reserve fund as a backup source of repayment for the district's bonds has not received payment of principal or interest on the bonds on the tenth business day immediately prior to the date on which such payment is due and any debt service reserve fund for the local improvement district or other special district that issued the bonds has been depleted, the paying agent shall so notify the state treasurer and the district by telephone, facsimile, or other similar communication, followed by written verification, of such payment status. The state treasurer shall immediately contact the district and determine whether the district will make the payment by the date on which it is due and, if the state treasurer confirms that the district will not make the payment, the state treasurer shall expend moneys from the clean energy improvement debt reserve fund to make the payment in a timely manner. If the amount of moneys in the clean energy improvement debt reserve fund is not sufficient to cover the entire amount of the payment, the state treasurer shall pay only so much of the payment as can be paid from available moneys in the fund. If payments on more than one series of bonds issued in reliance upon the clean energy improvement debt reserve fund as a backup source of moneys for repayment are required to be made from the fund at the same time and the amount of moneys in the fund is not sufficient to cover the entire amount of the payments, the state treasurer shall pay from available moneys in the fund only an equal percentage of the amount of each payment due.

  (2) This section shall not be construed to create any state debt, to require the state to make any bond payments on behalf of any local improvement district or other special district from any source of moneys other than the clean energy improvement debt reserve fund, or to require the state to fully pay off any outstanding bonds of a district that cannot make scheduled bond payments.

  (3) In accordance with section 11 of article II of the state constitution, the state hereby covenants with the purchasers of any outstanding bonds issued in reliance upon the existence of the clean energy improvement debt reserve fund that the state will not repeal, revoke, or rescind the provisions of this section concerning the fund or modify or rescind the same so as to limit or impair the rights and remedies granted by this section to the purchasers of such bonds and that any moneys in the fund shall not revert to the general fund.

  Source: L. 2010: Entire section added, (HB 10-1328), ch. 426, p. 2221, � 3, effective June 11. L. 2012: (1)(a) and (1)(b) amended, (HB 12-1315), ch. 224, p. 969, � 22, effective July 1.

  24-38.5-106. Financing of capital projects to make state government more energy efficient - financed purchase of asset agreements - legislative declaration - definition. (1) As used in this section, unless the context otherwise requires, utility cost-savings contract shall have the same meaning as set forth in section 24-30-2001 (6).

  (2) (a) In order to make state government more energy efficient in accordance with section 24-38.5-102, the Colorado energy office may propose a prioritized list of projects associated with current utility cost-savings contracts that will improve the energy efficiency of state buildings or facilities and that are proposed to be constructed or improved using financing provided in accordance with subsection (3) of this section. If the Colorado energy office creates a prioritized list, the prioritized list shall include an estimate of the total amount of annual utility cost savings expected if all of the projects on the prioritized list are completed; descriptions of the projects, the affected buildings, and the impact of the projects on tenants; a timeline for implementation; a detailed budget for each project; a list of properties recommended for use as collateral, which shall include only properties operated and maintained by agencies that are responsible for the operation and maintenance of at least one state building or facility for which a project is being financed in accordance with subsection (3) of this section; estimates of the amount of annual utility cost savings expected for each of the projects; and expected annual payments for each project, including the expected funding sources for such payments. The Colorado energy office shall submit the prioritized list and referenced supporting documents to the office of state planning and budgeting for review and approval or disapproval. Except as otherwise provided in paragraph (b) of this subsection (2), the office of state planning and budgeting shall submit any projects on the prioritized list that it approves to the capital development committee of the general assembly for review and approval or disapproval. Subject to the limitations specified in subsection (3) of this section, if the capital development committee determines after reviewing the projects submitted to it for its review and approval or disapproval that it is appropriate to authorize the state treasurer to pursue financing provided in accordance with subsection (3) of this section to fund some or all of the projects or if the office of state planning and budgeting has approved projects for buildings or facilities operated and maintained by the department of transportation and submitted such projects to the committee for informational purposes only pursuant to paragraph (b) of this subsection (2), the committee shall provide a letter to the Colorado energy office, the office of state planning and budgeting, the joint budget committee of the general assembly, and the state treasurer that specifies the final approved priority of the projects.

  (b) Notwithstanding the provisions of par

C.R.S. § 24-75-108

24-75-108. Intradepartmental transfers between appropriations - definition - repeal. (1) Upon approval by the governor, the head of a principal department of state government may, on or after May 1 of any fiscal year and before the forty-fifth day after the close of such fiscal year, transfer money from one item of appropriation made to the principal department in the general appropriation act to another item of appropriation made to the same principal department in said act; except that such transfers must be made only between appropriations for like purposes. A transfer is between appropriations for like purposes when both line items of appropriation are for the same specified purpose, as those purposes are defined in section 24-75-112. All transfers made pursuant to this section are between appropriations made for the expiring fiscal year.

(2)  None of the following transfers are deemed to be between like purposes

within the meaning of subsection (1) of this section:

(a) and (b)  (Deleted by amendment, L. 2010, (HB 10-1119), ch. 340, p. 1574, �

10, effective August 11, 2010.)

(c)  Transfers from any item of appropriation into a lease purchase item;


(d)  Transfers between governing boards of institutions of higher education;


(e)  Transfers between capital construction projects; except that transfers

between specific maintenance projects or between controlled maintenance projects may be made as authorized in the general appropriation act;

(f)  Transfers made to match federal funds for a program which has not been

authorized by law;

(g)  Transfers of cash-spending authority which operate to increase

appropriations of moneys out of one cash fund by decreasing appropriations of moneys out of a different cash fund in a corresponding amount if such transfers increase the total spending authority for all fund sources within a program. A transfer of cash spending authority shall not authorize a transfer of cash between cash funds.

(h)  Transfers between any line items of appropriation in the department of

corrections that are not explicitly authorized in a footnote to the annual general appropriation act.

(3) (a)  (Deleted by amendment, L. 2010, (HB 10-1119), ch. 340, p. 1574, � 10,

effective August 11, 2010.)

(b)  Any savings realized from an energy cost-savings contract pursuant to

section 24-30-2003 may be transferred to an operating expense item for the purpose of making an annual payment on a financed purchase of an asset or certificate of participation agreement under such contract.

(4)  All transfers within a department or within an office involving cash funds

shall be consistent with statutes governing the use of such cash funds.

(5)  Transfers between items of appropriation made to the judicial

department may be made, upon approval by the chief justice of the Colorado supreme court, to the same extent and subject to the same limitations as transfers within a principal department as authorized by subsections (1) to (4) of this section. Transfers between items of appropriation made to the judicial department shall also be subject to the limitation in section 24-75-110.

(6)  Transfers between items of appropriation made to the office of the

governor, including the office of state planning and budgeting, may be made, upon approval by the governor, to the same extent and subject to the same limitations as transfers within a principal department as authorized by subsections (1) to (4) of this section.

(7)  The transfers authorized by this section shall be in addition to any other

transfers within a department or within an office which are authorized by law or which are authorized in the general appropriation act and are required to implement appropriations conditioned on the distribution or transfer of the appropriated amounts.

(8)  The total amount of money transferred between items of appropriation

made to principal departments of state government and to the office of the governor pursuant to this section, other than transfers within a principal department from an operating expense item to a utilities item, from a utilities item to an operating expense item pursuant to subsection (3)(b) of this section, or from a utilities item to a utilities item, shall not exceed ten million dollars.

(9)  The governor shall report to the joint budget committee no later than

October 1 after the close of the fiscal year on the transfers approved by the governor and by the chief justice pursuant to this section and section 24-75-106 and on overexpenditures allowed under section 24-75-109.

(10)  The transfers authorized by this section shall apply to the 1990-91 and

subsequent general appropriation acts.

(11)  This section is repealed, effective September 1, 2030.


(12)  As used in this section, utilities means water, sewer service, electricity,

or other fuel sources, equipment purchased for the purpose of utility cost savings, payments made to private companies for services rendered or equipment installed for the purpose of reducing utility costs, financed purchase of an asset or certificate of participation payments to private companies for the purpose of reducing utility costs, and all heating fuels.

Source: L. 86: Entire section added, p. 962, � 1, effective May 27. L. 89: Entire

section RC&RE, p. 1095, � 4, effective May 16. L. 91: Entire section RC&RE, p. 848, � 4, effective April 27. L. 94: (8) and (11) amended, p. 1460, � 4, effective May 25. L. 99: (11) amended, p. 697, � 5, effective May 19. L. 2001: (3) and (8) amended and (12) added, p. 1092, � 2, effective August 8. L. 2004: (11) amended, p. 1520, � 5, effective May 28. L. 2009: (11) amended, (HB 09-1222), ch. 231, p. 1064, � 5, effective May 4. L. 2010: (2)(a), (2)(b), (3)(a), (8), and (11) amended, (HB 10-1119), ch. 340, p. 1574, � 10, effective August 11. L. 2013: (3)(b) amended, (SB 13-254), ch. 403, p. 2363, � 4, effective June 5. L. 2020: (11) amended, (HB 20-1426), ch. 306, p. 1558, � 8, effective July 14. L. 2021: (3)(b) and (12) amended, (HB 21-1316), ch. 325, p. 2029, � 39, effective July 1; (8) amended, (SB 21-287), ch. 421, p. 2791, � 2, effective July 2. L. 2025: (1), IP(2), and (11) amended and (2)(h) added, (SB 25-263), ch. 128, p. 497, � 5, effective April 25.

Editor's note: (1)  This section was numbered as � 24-75-109 in House Bill 86-1354 but was renumbered on revision for ease of location.


(2)  Prior to the recreations of this section in 1989 and 1991, subsections (9)

and (13) provided for the repeal of this section, effective September 1, 1986 (see L. 86, p. 962) and September 1, 1990 (see L. 89, p. 1095).

Cross references: In 2010, subsections (2)(a), (2)(b), (3)(a), (8), and (11) were

amended by the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act. For the short title, see section 1 of chapter 340, Session Laws of Colorado 2010.

C.R.S. § 24-75-112

24-75-112. Annual general appropriation act - headnote definitions - general provisions - footnotes. (1) As used in the annual general appropriation act, the following definitions and general provisions apply for the headnote terms preceding and specifying the purpose of certain line items of appropriation:

(a) (I)  Capital outlay means:


(A)  Equipment, furniture, motor vehicles, software, and other items that have

a useful life of one year or more;

(B)  Alterations and replacements, meaning major and extensive repair,

remodeling, or alteration of buildings, the replacement thereof, or the replacement and renewal of the plumbing, wiring, electrical, fiber optic, heating, and air conditioning systems therein;

(C)  New structures, meaning the construction of entirely new buildings,

including the value of materials and labor, either state-supplied or supplied by contract; or

(D)  Nonstructural improvements to land, meaning the grading, leveling,

drainage, irrigation, and landscaping thereof and the construction of roadways, fences, ditches, and sanitary and storm sewers.

(II)  Capital outlay does not include those things defined as capital

construction, capital renewal, or controlled maintenance in section 24-30-1301 (2), (3), and (4).

(b)  Centralized appropriation means the appropriation of funds to an

executive director of a department or a central administrative program intended for subsequent allocation and expenditure at and among a department's divisions, programs, agencies, or long bill groups in order to reflect the amount of such resources actually used in each program or division. Such centralized appropriations may include salary survey, step pay or anniversary increases, senior executive service, shift differential, group health and life insurance, capital outlay, ADP capital outlay, information technology asset maintenance, legal services, purchase of services from computer center, multiuse network payments, vehicle lease payments, leased space, financed purchase of an asset, certificate of participation, payment to risk management and property funds, short-term disability insurance, utilities, communications services payments, amortization equalization disbursements, supplemental amortization equalization disbursements, administrative law judge services, and centralized ADP. As provided in subsection (1)(l) of this section, capital outlay is included within the appropriation for operating expenses.

(b.5)  Certificate of participation means any certificate evidencing a

participation right or a proportionate interest in any financing agreement or the right to receive proportionate payments from the state or an agency due under any financing agreement.

(c)  Communications services payments means payments to the office of

information technology created in section 24-37.5-103 for the cost of services from the state's public safety communications infrastructure.

(c.5)  Financed purchase of an asset means a financing agreement that

includes the purchase of an asset.

(d) (I)  Except as otherwise provided in subparagraph (IV) of this paragraph

(d), full-time equivalent or FTE means the budgetary equivalent of one permanent position continuously filled full time for an entire fiscal year by elected state officials or by state employees who are paid for at least two thousand eighty hours per fiscal year, with adjustments made to:

(A)  Include in such time computation any sick, annual, administrative, or

other paid leave;

(B)  Exclude from such time computation any overtime or shift differential

payments made in excess of regular or normal hours worked and any leave payouts upon termination of employment; and

(C)  Account for the actual number of work hours in a given fiscal year.


(II)  Full-time equivalent or FTE does not include contractual, temporary,

or permanent seasonal positions.

(III)  As used in this paragraph (d), state employee means a person

employed by the state, whether or not such person is a classified employee in the state personnel system.

(IV)  For purposes of higher education professional personnel and assistants

in resident instruction and professional personnel in organized research and activities relating to instruction, full-time equivalent or FTE means the equivalent of one permanent position continuously filled for a nine-month or ten-month academic year.

(V)  The number of FTE specified in a particular item of appropriation is the

number utilized to calculate the amount appropriated and necessary to fund any combination of part-time positions or full-time positions equal to such number for the fiscal year to which the annual general appropriation act pertains in accordance with the definition contained in subsections (1)(d)(II) and (1)(d)(III) of this section and is not a limitation on the number of FTE that may be employed. No department shall make a material change in the number of FTE specified in a particular item of appropriation prior to notifying the joint budget committee in writing of such change. This subsection (1)(d)(V) does not apply to state trainee positions.

(e)  Health, life, and dental means the state contribution for group benefits

plans pursuant to section 24-50-609. These contribution amounts shall be effective in accordance with section 24-50-104 (4)(d)(II).

(f)  Indirect cost assessment means reimbursements made to an agency of

the state from federal funds, other nonstate funds, cash funds, or reappropriated funds for the indirect expenses that have been incurred by the state in operating such programs. These recoveries are made by the departments using the approved indirect cost rate, as required by the state fiscal rules.

(g)  Leased space means the use and acquisition of office facilities and

office and parking space pursuant to a rental agreement.

(h)  Repealed.


(i)  Legal services means the purchase of legal services from the

department of law; however, up to ten percent of the amount appropriated for legal services may instead be expended for operating expenses, contractual services, and tuition for employee training.

(j)  Motor vehicle means a motor truck designated three-quarters of one ton

or less, automobile, or other self-propelled vehicle.

(k)  Multiuse network payments means payments to the department of

personnel for the cost of administration and the use of the state's telecommunications network.

(l)  Operating expenses means those supplies, materials, items, services,

and travel-related expenses needed to administer the programs delegated to the departments, except for personal services, legal services, or capital construction.

(m)  Personal services means:


(I)  All salaries and wages, including overtime, whether to full-time, part-time,

or temporary employees of the state, and also includes the state's contribution to the public employees' retirement association and the state's share of federal medicare tax paid for state employees;

(II)  Professional services, meaning services requiring advanced study in a

specialized discipline that are rendered or performed by firms or individuals for the state other than for employment compensation as an employee of the state, including but not limited to accounting, consulting, architectural, engineering, physician, nurse, specialized computer, and construction management services. No appropriation for such services shall be expended on the provision of legal services by the department of law or by a private attorney or law firm prior to notifying the joint budget committee in writing of such change. Payments for professional services shall be in compliance with section 24-30-202 (2) and (3).

(III)  Temporary services, meaning clerical, administrative, and casual labor

rendered or performed by firms or individuals for the state other than for employment compensation as an employee of the state. Payments for temporary services shall be in compliance with section 24-30-202 (2) and (3).

(IV)  Tuition, meaning payments for graduate or undergraduate courses taken

by state employees at institutions of higher education; or

(V)  Payments for unemployment claims or insurance as required by the

department of labor and employment.

(n)  Pueblo data entry center payments means payments to the department

of personnel for the cost of data entry services from the data entry center.

(o)  Purchase of services from computer center means the purchase of

automated data processing services from the general government computer center.

(p)  Short-term disability means the state contribution for employee short-term disability pursuant to section 24-50-603 (13).


(q)  Utilities means water, sewer service, electricity, payments to energy

service companies, purchase of energy conservation equipment, and all heating fuels.

(r)  Vehicle lease payments means the annual payments to the department

of personnel for the cost of administration, repayment of a loan from the state treasury, and financed purchase of an asset or certificate of participation payments for new and replacement vehicles.

(2) (a)  When it is not feasible, due to the format of the annual general

appropriation act, to set forth fully in the line item description the purpose of an item of appropriation or a condition or limitation on the item of appropriation, the footnotes at the end of each section of the annual general appropriation act are provisions that set forth such purposes, conditions, or limitations. Such provisions are intended to be binding portions of the items of appropriation to which they relate to the extent that those purposes, conditions, or limitations are integral to the appropriation and are not, in accordance with the Colorado supreme court decision in Colorado General Assembly v. Owens, 136 P.3d 262 (Colo. 2006), conditions reserving to the general assembly powers of close supervision over the appropriation.

(b)  The footnotes may also contain an explanation of any assumptions used

in determining a specific amount of an appropriation. However, such footnotes shall not contain any provision of substantive law or any provision requiring or requesting that any administrative action be taken in connection with any appropriation. Footnotes may set forth any other statement of explanation or expression of legislative intent relating to any appropriation.

(3)  Where no purpose is specified or where a special program is specified,

the appropriation shall be for operating expenses and personal services.

(4)  Expenditures of funds appropriated for the purchase of goods and

services shall be in accord with section 17-24-111, C.R.S., which requires institutions, agencies, and departments to purchase such goods and services as are produced by the division of correctional industries from said division.

Source: L. 2008: Entire section added, p. 153, � 2, effective March 24. L.

2009: (1)(h) amended, (HB 09-1218), ch. 132, p. 570, � 2, effective July 1; (1)(c) amended, (HB 09-1150), ch. 309, p. 1667, � 6, effective August 5. L. 2012: (1)(d)(I) amended, (SB 12-112), ch. 32, p. 126, � 1, effective August 8; (1)(b) amended, (HB12-1321), ch. 260, p. 1352, � 13, effective September 1. L. 2014: (1)(a)(II) amended, (HB 14-1387), ch. 378, p. 1845, � 47, effective June 6. L. 2021: (1)(b) and (1)(r) amended, (1)(b.5) and (1)(c.5) added, and (1)(h) repealed, (HB 21-1316), ch. 325, p. 2030, � 40, effective July 1. L. 2022: (1)(d)(V) amended, (SB 22-226), ch. 179, p. 1191, � 8, effective May 18. L. 2023: (1)(d)(V) amended, (SB 23-051), ch. 37, p. 147, � 26, effective March 23. L. 2024: IP(1) and (1)(b) amended, (HB 24-1467), ch. 430, p. 3017, � 8, effective June 5.

Cross references: (1)  For the legislative declaration contained in the 2008

act enacting this section, see section 1 of chapter 57, Session Laws of Colorado 2008. For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014. For the legislative declaration in SB 22-226, see section 1 of chapter 179, Session Laws of Colorado 2022. For the legislative declaration in HB 24-1467, see section 1 of chapter 430, Session Laws of Colorado 2024.

(2)  In 2012, subsection (1)(b) was amended by the Modernization of the State

Personnel System Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 260, Session Laws of Colorado 2012.

C.R.S. § 24-75-232

24-75-232. Infrastructure Investment and Jobs Act cash fund - creation - allowable uses - report - compliance monitoring - legislative declaration - definitions - repeal. (1) The general assembly finds and declares that:

(a)  The federal government enacted with bipartisan support the

Infrastructure Investment and Jobs Act, which includes five hundred fifty billion dollars in federal funds for new infrastructure investments nationwide;

(b)  Approximately two hundred programs identified in the federal act may be

relevant to Colorado and initial estimates show the state could receive between approximately three billion four hundred million dollars and six billion eight hundred million dollars in new federal funding for infrastructure investments, with significant funding subject to nonfederal match requirements;

(c)  With these available federal funds, Colorado has the opportunity to make

significant progress on its infrastructure goals that can create positive impacts for Coloradans across the state;

(d)  In order for the state to be competitive for the highest range of funding

available to it under the federal act, it is necessary for departments to have funding available as a nonfederal match, although due to still-evolving federal guidance the amounts needed and specific types of projects may not be known in time for this money to be appropriated in the annual general appropriation act;

(d.5)  With the passage of the Inflation Reduction Act and the

Infrastructure Investment and Jobs Act, billions of dollars in federal money is available to help public schools improve air quality in schools, student performance, and staff retention; and

(e)  The general assembly desires the money in the Infrastructure

Investment and Jobs Act cash fund to be allocated as follows; except that the anticipated percentages may change dependent on need and guidance developed by the federal government for implementation of the federal act:

(I)  Thirty-five percent for transportation programs;


(II)  Twenty-five percent for water, environmental, and resiliency programs;


(III)  Twenty-five percent for power, grid, and broadband programs;


(IV)  Ten percent for local match support; and


(V)  Five percent for grant writing support, administrative support, and

project planning.

(2)  As used in this section, unless the context otherwise requires:


(a)  Department means a principal department of the state as identified in

section 24-1-110 and the office of the governor, including any offices created therein.

(b)  Fund means the Infrastructure Investment and Jobs Act cash fund

created in subsection (3) of this section.

(b.5)  Inflation Reduction Act means the federal Inflation Reduction Act of

2022, Pub.L. 117-169, as the act may be subsequently amended.

(c)  Infrastructure Investment and Jobs Act or federal act means the

federal Infrastructure Investment and Jobs Act, Pub.L. 117-58, as the act may be subsequently amended.

(d)  Local government means a county, a municipality, a city and county, a

local education provider, or a special district.

(e)  Office means the office of the governor.


(3)  The Infrastructure Investment and Jobs Act cash fund is hereby created

in the state treasury. The fund consists of money credited or transferred to the fund pursuant to subsection (4) of this section and any other money that the general assembly may appropriate or transfer to the fund.

(4) (a) (I)  No later than three days after June 7, 2022, the state treasurer shall

transfer eighty million two hundred fifty thousand dollars from the general fund to the fund.

(II)  On July 1, 2023, the state treasurer shall transfer eighty-four million

dollars from the general fund to the fund.

(III)  On July 1, 2025, the state treasurer shall transfer four million dollars

from the general fund 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)  On June 30, 2028, the state treasurer shall transfer all unexpended

money in the fund to the general fund.

(d)  The office may seek, accept, and expend gifts, grants, or donations from

private or public sources for the purposes of subsection (5)(e) of this section. The office shall transmit all money received through gifts, grants, or donations to the state treasurer, who shall credit the money to the fund for use for the purposes of subsection (5)(e) of this section.

(5) (a)  Subject to approval by the governor, a department may expend money

in the fund as the matching nonfederal funding for infrastructure projects pursuant to requirements of the Infrastructure Investment and Jobs Act or subsequent federal infrastructure legislation for the following categories:

(I)  Transportation infrastructure projects as set forth in the federal act;


(II)  Water, environmental, and resiliency projects as set forth in the federal

act;

(III)  Power, grid, and broadband projects as set forth in the federal act; and


(IV)  Any other infrastructure project explicitly funded and set forth in the

federal act.

(b)  In addition to the uses set forth in subsection (5)(a) of this section:


(I)  Subject to approval by the governor, a department may expend money in

the fund to provide matching nonfederal funds to a local government or a federally recognized Indian tribe for match uses directed under the federal act; and

(II)  The office may expend money from the fund to provide grant writing

support, project planning support for federal funding opportunities in connection with the Infrastructure Investment and Jobs Act and related federal funding opportunities including funding opportunities from the Inflation Reduction Act, and for administrative needs in processing applications for money from the fund and disbursing money awarded from the fund in accordance with this section.

(c)  Subject to annual appropriation by the general assembly, a department

and the office may expend money from the fund for the purposes set forth in this subsection (5).

(d)  Before a departmental expenditure from the fund, the office shall

develop a process for departments to apply to expend money from the fund for infrastructure projects that require nonfederal match funds in order to be eligible for federal approval to receive federal funding for the infrastructure project under the Infrastructure Investment and Jobs Act and a process for reviewing and approving applications.

(e)  In addition to the uses set forth in subsections (5)(a) and (5)(b) of this

section, and notwithstanding subsection (1)(e) of this section, the office may expend the money in the fund at the governor's discretion for the following purposes:

(I)  Hiring and employing personnel or retaining contractors for purposes

related to federal government actions that impact federal disbursements, grants, contracts, or money received by or transferred to the state;

(II)  Reimbursing the department of law for costs associated with special

assistant attorneys general, pursuant to sections 24-31-101 and 24-31-111 (5), contracted with for the purposes of:

(A)  Providing legal services to state officers or employees related to legal

proceedings, inquiries, hearings, or investigations initiated, pursued, or threatened by the federal government, including congressional inquiries and investigations; or

(B)  Providing legal services for the criminal defense of state officers or

employees in legal actions arising out of official acts or decisions; or

(III)  Other expenditures consistent with the purposes of this section, as

determined by the governor, including expenditures to preserve and protect state sovereignty or federal funding streams that benefit the state.

(6)  Any department expending money from the fund shall include

information regarding amounts expended and anticipated to be expended and information on the specific infrastructure project or projects the money has been or is anticipated to be expended on in the department's annual presentation to joint committees of reference pursuant to section 2-7-203.

(7) (a)  On or before October 1, 2022, and on a quarterly basis beginning on

July 1, 2023, of every year thereafter, the office shall submit a report to the joint budget committee of the general assembly, the senate committee on transportation and energy or any successor committee, and the house of representatives committees on transportation and local government and energy and environment or any successor committees. The report must include:

(I)  Information, organized by department and priority funding category, on

awards that have been made pending federal approval including the amount of money awarded from the fund, the federal funds anticipated to be received upon federal approval, and any other funding sources anticipated;

(II)  Information, organized by department and priority funding category, on

awards that have been made and received federal approval including the amount of money awarded from the fund, the federal funds authorized, and any other funding sources authorized, received, or anticipated; and

(III)  Actual expenditures by department for amounts awarded from the fund.


(b)  In addition to the information required pursuant to subsection (7)(a) of

this section, the office shall include in its first report due on or before October 1, 2022, information on the process that it has established for receiving and reviewing applications pursuant to subsection (5)(d) of this section and any recommendations for legislative changes for purposes of implementing the provisions of this section.

(c)  Any department applying for an award of money from the fund must

provide the office with the information necessary for the report required by this subsection (7) and comply with any request from the office for the information.

(7.5)  If a local education provider undertakes HVAC infrastructure

improvements at a school using money from the fund, a department's grant agreement compliance monitoring shall consist of the following:

(a)  Inclusion of a clause in the award agreement that the local education

provider must comply with section 22-32-153; and

(b)  A requirement that a local education provider make a certification at the

end of the grant period that the local education provider is in compliance with section 22-32-153.

(8)  This section is repealed, effective July 1, 2028. Any unexpended and

unencumbered money remaining in the fund upon the repeal of this section reverts to the general fund.

Source: L. 2022: Entire section added, (SB 22-215), ch. 415, p. 2925, � 1,

effective June 7. L. 2023: (2)(b.5) added and (3), (4)(a), (5)(b)(II), and IP(7)(a) amended, (SB 23-283), ch. 240, p. 1291, � 1, effective May 22. L. 2025: (4)(a)(III) added, (SB 25-269), ch. 146, p. 558, � 1, effective April 28; (4)(d) and (5)(e) added and (8) amended, (HB 25-1321), ch. 206, p. 932, � 1, effective May 16; (1)(d), (2)(d), and IP(5)(a) amended and (1)(d.5) and (7.5) added, (HB 25-1245), ch. 400, p. 2271, � 8, effective August 6.

Cross references: For the legislative declaration in HB 25-1245, see section 1

of chapter 400, Session Laws of Colorado 2025.

PART 3

CAPITAL CONSTRUCTION FUND

Cross references: For expenditure of receipts from fire or other insured loss,

see � 24-30-202 (21).

C.R.S. § 24-82-601

24-82-601. Definitions. As used in this part 6, unless the context otherwise requires:

(1)  Description means a nontechnical explanation of all passive solar

design and energy conservation features.

(2)  Fifty-five thousand Btu/square foot/year energy performance goal

means the goal for the amount of energy to be consumed or used on-site for the purposes of heating, cooling, lighting, and ventilation, but the term does not include energy losses associated with energy transmission, generation, or distribution.

(3)  Renewable energy systems means passive and active solar systems,

wind energy systems, biomass energy source systems, geothermal energy systems, hydroelectric energy systems, cogeneration systems, waste heat recovery systems, and other innovative energy recovery systems which meet the energy performance goal as provided in this part 6.

(4)  Unconditioned space means buildings and structures or portions

thereof which are neither heated nor cooled by fuel or electrical energy, including buildings or portions of buildings used primarily for the storage of materials and are uninhabited, except for the handling of those materials, and are not heated to fifty degrees Fahrenheit.

Source: L. 81: Entire part added, p. 1251, � 1, effective July 1.

C.R.S. § 24-82-602

24-82-602. Required energy performance goal. (1) All state buildings, and improvements thereto, with design commencing on or after July 1, 1981, shall be designed:

(a)  To achieve a fifty-five thousand Btu/square foot/year energy

performance goal for heating, cooling, lighting, and ventilation energy;

(b)  To make maximum use of passive solar concepts such as energy

conservation, natural lighting, and orientation and incorporation of thermal-mass;

(c)  To make maximum use of economically feasible renewable energy

systems;

(d)  To achieve the ease of retrofit with renewable energy systems.


(2)  A description of said system shall be posted or filed at the construction

site, and copies thereof shall be made available to any interested party upon request.

(3)  State buildings which are not office buildings shall be designed for

maximum use of passive solar concepts, economically feasible renewable energy systems, and ease of renewable energy system retrofit but may exceed the fifty-five thousand Btu/square foot/year energy performance goal if approved by the department of personnel for each building on a case-by-case basis. Said goal may also be adjusted by the department of personnel to accommodate different climate zones in the state.

(4)  This section shall not apply to space or buildings which are unconditioned

or which are listed in the historical registry.

Source: L. 81: Entire part added, p. 1252, � 1, effective July 1. L. 95: (3)

amended, p. 660, � 86, effective July 1. L. 96: (3) amended, p. 1471, � 17, effective June 1.

Cross references: For the legislative declaration contained in the 1995 act

amending subsection (3), see section 112 of chapter 167, Session Laws of Colorado 1995.

PART 7

MASTER LEASING

Cross references: Section 24-82-1207 states that the provisions of this part

7 shall not apply to leases entered into pursuant to part 12 of this article.

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. § 25-1-1511

25-1-1511. Repeal of part - sunset review. This part 15 is repealed, effective September 1, 2032. Before the repeal, this part 15 is scheduled for review in accordance with section 2-3-1203.

Source: L. 2022: Entire part added, (SB 22-186), ch. 488, p. 3540, � 1,

effective August 10.

ARTICLE 1.5

Powers and Duties of the Department

of Public Health and Environment

Editor's note: This article was added with relocations in 2003. Former C.R.S.

section numbers are shown in editor's notes following those sections that were relocated.

PART 1

GENERAL POWERS AND DUTIES

25-1.5-100.3.  Definitions. As used in this article 1.5, unless the context

otherwise requires:

(1)  Department means the department of public health and environment

created in section 25-1-102 (1).

Source: L. 2025: Entire section added, (SB 25-275), ch. 377, p. 2075, � 201,

effective August 6.

25-1.5-101.  Powers and duties of department - laboratory cash fund - office

of suicide prevention - suicide prevention coordination cash fund - dispensation of payments under contracts with grantees - report - definitions. (1) The department has, in addition to all other powers and duties imposed upon it by law, the powers and duties provided in this section as follows:

(a)  To close theaters, schools, and other public places, and to forbid

gatherings of people when necessary to protect the public health;

(b) (I)  To establish and enforce minimum general sanitary standards as to the

quality of wastes discharged upon land and the quality of fertilizer derived from excreta of human beings or from the sludge of sewage disposal plants.

(II)  The phrase minimum general sanitary standards as used in this section

means the minimum standards reasonably consistent with assuring adequate protection of the public health. The word standards as used in this section means standards reasonably designed to promote and protect the public health.

(c) (I)  To collect, compile, and tabulate reports of marriages, dissolution of

marriages, declaration of invalidity of marriages, births, deaths, and morbidity and to require any person having information with regard to the same to make such reports and submit such information as the board shall by rule or regulation provide.

(II)  For the purposes of this paragraph (c), the board is authorized to require

reporting of morbidity and mortality in accordance with the provisions of section 25-1-122.

(d)  To regulate the disposal, transportation, interment, and disinterment of

the dead;

(e) (I)  To establish, maintain, and approve chemical, bacteriological, and

biological laboratories, and to conduct such laboratory investigations and examinations as it may deem necessary or proper for the protection of the public health.

(II)  The department shall transmit all fees received by the department in

connection with the laboratories established pursuant to this paragraph (e), with the exception of fees received pursuant to part 10 of article 4 of this title that are credited to the newborn screening and genetic counseling cash funds created in section 25-4-1006 (1), to the state treasurer, who shall deposit them in the laboratory cash fund, which is hereby created in the state treasury. The state treasurer shall credit all interest earned from the revenues in the fund to the fund. At the end of each fiscal year, the unencumbered balance of the fund remains in the fund. The revenues in the fund are subject to annual appropriation by the general assembly to the department to carry out its duties under this paragraph (e).

(f)  To make, approve, and establish standards for diagnostic tests by

chemical, bacteriological, and biological laboratories, and to require such laboratories to conform thereto; and to prepare, distribute, and require the completion of forms or certificates with respect thereto;

(g)  To purchase, and to distribute to licensed physicians and veterinarians,

with or without charge, as the board may determine upon considerations of emergency or need, such vaccines, serums, toxoids, and other approved biological or therapeutic products as may be necessary for the protection of the public health;

(h)  To establish and enforce sanitary standards for the operation and

maintenance of orphanages, day care nurseries, foster homes, family care homes, summer camps for children, lodging houses, outdoor nature-based preschool programs, guest child care facilities and public services short-term child care facilities as defined in section 26.5-5-303, hotels, public conveyances and stations, schools, factories, workshops, industrial and labor camps, recreational resorts and camps, swimming pools, public baths, mobile home parks, and other buildings, centers, and places used for public gatherings;

(i) (I) (A)  To establish sanitary standards and make sanitary, sewerage, and

health inspections and examinations for charitable, penal, and other public institutions.

(B)  As used in this subsection (1)(i), penal institution means any local

detention center, correctional facility, holding facility, secure residential treatment center, prison, camp, or other facility in which persons are or may be lawfully held in custody, including any public or private facility in Colorado that houses or detains noncitizens for purposes of civil immigration proceedings, including any facility that houses or detains minors, on behalf of the federal office of refugee resettlement or the United States immigration and customs enforcement agency.

(C)  With respect to the state institutions under the department of human

services specified in section 27-90-104 or under the department of corrections specified in section 17-1-104.3 (1)(b), such inspections and examinations must be made at least once each year and additional unannounced inspections may be conducted after the annual inspection. Reports on such inspections of institutions under control of the department of human services or the department of corrections must be made to the executive director of the appropriate department for appropriate action, if any.

(D)  With respect to any facility that houses or detains noncitizens for

purposes of civil immigration proceedings, such inspections and examinations must be made annually, and additional unannounced inspections may be conducted after the annual inspection.

(E)  Repealed.


(II)  Notwithstanding the provisions of subparagraph (I) of this paragraph (i),

the standards adopted pursuant to subparagraph (I) of this paragraph (i) with regard to space requirements, furnishing requirements, required special use areas or special management housing, and environmental condition requirements, including but not limited to standards pertaining to light, ventilation, temperature, and noise level, shall not apply to any penal institution operated by or under contract with a county or municipality if the penal institution begins operations on or after August 30, 1999, and if the governing body of the jurisdiction operating the penal institution has adopted standards pertaining to such issues for the penal institution pursuant to section 30-11-104 (1), C.R.S., or section 31-15-711.5, C.R.S., whichever is applicable.

(j) (I)  To:


(A)  Collect, compile, and tabulate public health information from data

sources and data provided to the department, to the extent permissible under applicable federal and state data privacy laws, rules, and regulations and federal contracts, including information concerning race, ethnicity, disability, sexual orientation, and gender identity; except that nothing in this section requires any individual to provide information relating to the individual's race, ethnicity, disability, sexual orientation, or gender identity;

(B)  Establish a process for, and provide technical assistance relating to, the

collection, compilation, and tabulation of public health information described in subsection (1)(j)(I)(A) of this section; and

(C)  Disseminate public health information;


(II)  To provide poison control services, for the fiscal year beginning July 1,

2002, and fiscal years thereafter, on a statewide basis and to provide for the dissemination of information concerning the care and treatment of individuals exposed to poisonous substances pursuant to article 32 of this title;

(k)  To establish and enforce standards for exposure to toxic materials in the

gaseous, liquid, or solid phase that may be deemed necessary for the protection of public health;

(l)  To establish and enforce standards for exposure to environmental

conditions, including radiation, that may be deemed necessary for the protection of the public health;

(m) (I)  To accept and expend on behalf of and in the name of the state, gifts,

donations, and grants for any purpose connected with the work and programs of the department.

(II)  Any such property so given shall be held by the state treasurer, but the

department shall have the power to direct the disposition of any property so given for any purpose consistent with the terms and conditions under which such gift was created.

(n)  To carry out the policies of the state as set forth in part 1 of article 6 of

this title with respect to family planning;

(o)  To carry out the policies of this state relating to the Colorado Health

Care Coverage Act as set forth in parts 1 and 4 of article 16 of title 10, C.R.S.;

(p)  To compile and maintain current information necessary to enable the

department to answer any inquiry concerning the proper action to take to counteract, eliminate, or minimize the public health hazards of a hazardous substance incident involving any specific kind of hazardous substance. To make such information available and to facilitate the reporting of hazardous substance incidents, the department shall establish, maintain, and publicize an environmental emergency telephone service that shall be available to the public twenty-four hours each day. With respect to the powers and duties specified in this paragraph (p), the department shall have no rule-making authority and shall avail itself of all available private resources. As used in this paragraph (p), the terms hazardous substance and hazardous substance incident shall have the meanings ascribed to them in section 29-22-101, C.R.S. The department shall coordinate its activities pursuant to this section with the Colorado state patrol.

(q) (I)  To establish and maintain a statewide cancer registry providing for

compilation and analysis of appropriate information regarding incidence, diagnosis, treatment, and end results and any other data designed to provide more effective cancer control for the citizens of Colorado.

(II)  For the purposes of this paragraph (q), the board is authorized to require

reports relating to cancer in accordance with the provisions of section 25-1-122 and to have access to medical records relating to cancer in accordance with the provisions of section 25-1-122.

(r)  To operate and maintain a program for children with disabilities to provide

and expedite provision of health-care services to children who have congenital birth defects or who are the victims of burns or trauma or children who have acquired disabilities;

(s)  To annually enter into an agreement with a qualified person to perform

necessary hazardous substance incident response actions when such actions are beyond the ability of the local and state response capabilities. Such response actions may include, but are not limited to, containment, clean-up, and disposal of a hazardous substance. Nothing in this article shall prevent the attorney general's office from pursuing cost recovery against responsible persons.

(t)  To operate special health programs for migrant and seasonal farm

workers and their dependent family members and to accept and employ federal and other moneys appropriated to implement such programs;

(u)  To carry out the duties prescribed in article 11.5 of title 16, C.R.S., relating

to substance abuse in the criminal justice system;

(v)  To establish and maintain a statewide gulf war syndrome registry

pursuant to part 19 of article 4 of this title providing for compilation and analysis of information regarding incidence, diagnosis, treatment, and treatment outcomes of veterans or family members of veterans suffering from gulf war syndrome;

(w) (I)  To operate the office of suicide prevention, which is established in the

division of prevention services in the department. The office of suicide prevention serves as the coordinator for crisis and suicide prevention programs throughout the state, including the Colorado suicide prevention plan established in section 25-1.5-112 and the crisis and suicide prevention training grant program established in section 25-1.5-113. For the purposes of this subsection (1)(w), the term comprehensive suicide prevention or suicide prevention includes the following components:

(A)  Strategies or approaches that seek to prevent the onset of suicidal

despair, commonly known as suicide prevention;

(B)  Public health intervention supports, including community training,

workforce development, quality improvement and provision of technical assistance to support the adoption of best suicide attempt behavior intervention and postvention practices and policies; and

(C)  Postvention responses to and support for individuals and communities

affected by the aftermath of a suicide attempt.

(II)  The department is authorized to accept gifts, grants, and donations on

behalf of the office of suicide prevention. The department shall transmit all such gifts, grants, and donations to the state treasurer who shall credit the same to the suicide prevention coordination cash fund, which fund is hereby created. The fund also consists of any money appropriated or transferred to the fund by the general assembly for the purposes of implementing section 25-1.5-112. Any money remaining in the suicide prevention coordination cash fund at the end of any fiscal year must remain in the fund and must not be transferred or credited to the general fund. The general assembly shall make appropriations from the suicide prevention coordination cash fund for expenditures incurred by the department or the office of suicide prevention in the performance of its duties pursuant to this subsection (1)(w) and section 25-1.5-112.

(III) (A)  Notwithstanding section 24-1-136 (11)(a)(I), as part of the duties of the

office of suicide prevention, on or before each November 1, the office of suicide prevention shall submit to the chairs of the senate health and human services committee and the house of representatives health and human services committee, or their successor committees, and to the members of the joint budget committee, a report listing all crisis and suicide prevention programs in the state and describing the effectiveness of the office of suicide prevention in acting as the coordinator for crisis and suicide prevention programs. For the report submitted in 2013 and each year thereafter, the office of suicide prevention shall include any findings and recommendations it has to improve crisis and suicide prevention in the state. For the report submitted in 2024 and each year thereafter, the office of suicide prevention shall include a summary of the report pursuant to section 25-1.5-113.5 (5)(b).

(B)  (Deleted by amendment, L. 2012.)


(IV)  The department and the office of suicide prevention may collaborate

with the school safety resource center and with each facility licensed or certified pursuant to section 25-1.5-103 in order to coordinate services related to crisis and suicide prevention, as that term is defined in this subsection (1)(w), including relevant training and other services as part of the Colorado suicide prevention plan established in section 25-1.5-112. When a facility treats a person who has attempted suicide or exhibits a suicidal gesture, the facility may provide oral and written information or educational materials to the person or, in the case of a minor, to parents, relatives, or other responsible persons to whom the minor will be released, prior to the person's release, regarding warning signs of depression, risk factors of suicide, methods of preventing suicide, available resources for comprehensive suicide prevention, and any other information concerning suicide awareness, and prevention. The facility shall also provide oral and written information or educational materials to the person or, in the case of a minor, to parents, relatives, or other responsible persons to whom the minor will be released, prior to the person's release, concerning the after-effects of a suicide attempt. The department and the office of suicide prevention may work with facilities and the Colorado suicide prevention plan to determine whether and where gaps exist in comprehensive suicide prevention programs and services, including gaps that may be present in:

(A)  The comprehensive suicide prevention information and materials being

used and distributed in facilities throughout the state;

(B)  Comprehensive suicide prevention resources available to persons who

attempt suicide or exhibit a suicidal gesture and, when the person is a minor, to parents, relatives, and other responsible persons to whom a minor is released; and

(C)  The process for referring persons who attempt suicide or exhibit a

suicidal gesture to comprehensive suicide prevention services and programs or other appropriate health-care providers for treatment.

(V)  The department and the office of suicide prevention shall prepare written

information for primary care offices and providers throughout the state. The information must be region-specific concerning how to recognize and respond to a suicidal patient and include separate written information for providers and information that may be shared with patients.

(x)  To implement the state dental loan repayment program created in article

23 of this title;

(y)  To coordinate with the United States secretary of the interior and the

United States secretary of agriculture to develop resource management plans consistent with this article for federal lands pursuant to 16 U.S.C. sec. 530, 16 U.S.C. sec. 1604, and 43 U.S.C. sec. 1712;

(z)  To perform the duties specified in part 6 of article 10 of title 30, C.R.S.,

relating to the Colorado coroners standards and training board;

(aa)  To determine if there is a shortage of drugs critical to the public safety

of the people of Colorado and declare an emergency for the purpose of preventing the practice of unfair drug pricing as prohibited by section 6-1-714, C.R.S.;

(bb)  To include on its public website home page a link to forms containing

advanced directives regarding a person's acceptance or rejection of life-sustaining medical or surgical treatment, which forms are available to be downloaded electronically;

(cc)  To carry out the health survey for birthing parents and reporting

requirements set forth in part 7 of this article 1.5.

(2) (a)  Notwithstanding any provision of this title 25, in contracting with any

grantee for the provision of any service for the purposes of this title 25, the department may dispense up to twenty-five percent of the total value of the payments under the contract to the grantee immediately upon the execution or renewal of the contract.

(b)  As used in this subsection (2), grantee means a person that:


(I)  Is awarded a grant pursuant to a grant program that is managed or

overseen by the department;

(II)  Pursuant to the conditions of the awarded grant, is a party to a contract

with the department;

(III)  Is classified as a nonprofit organization or a charitable organization by

the federal internal revenue service and has submitted written proof of such classification to the department; and

(IV)  Satisfies any criteria established by the department for the purpose of

implementing this subsection (2).

Source: L. 2003: Entire article added with relocations, p. 676, � 2, effective

July 1; (1)(y) added, p. 1035, � 7, effective April 17; (1)(z) added, p. 1830, � 2, effective August 6. L. 2005: (1)(aa) added, p. 372, � 1, effective April 22. L. 2007: (1)(h) amended, p. 866, � 4, effective May 14. L. 2010: (1)(i)(I) amended, (SB 10-175), ch. 188, p. 798, � 58, effective April 29; (1)(bb) added, (HB 10-1050), ch. 80, p. 271, � 2, effective August 11. L. 2011: (1)(e) amended, (SB 11-161), ch. 12, p. 34, � 1, effective March 9. L. 2012: (1)(w)(III) amended and (1)(w)(IV) added, (HB 12-1140), ch. 173, p. 619, � 1, effective May 11. L. 2015: (1)(m)(I) amended, (SB 15-247), ch. 165, p. 505, � 3, effective May 8. L. 2016: (1)(h) amended, (SB 16-189), ch. 210, p. 769, � 58, effective June 6; (1)(w)(I), (1)(w)(II), and IP(1)(w)(IV) amended, (SB 16-147), ch. 364, p. 1521, � 3, effective June 10. L. 2017: (1)(w)(III)(A) amended, (SB 17-056), ch. 33, p. 92, � 1, effective March 16. L. 2018: (1)(w)(I), (1)(w)(II), (1)(w)(III)(A), and IP(1)(w)(IV) amended, (SB 18-272), ch. 333, p. 2005, � 4, effective August 8. L. 2020: (1)(i)(I) amended, (HB 20-1409), ch. 275, p. 1349, � 1, effective July 11. L. 2021: (1)(w)(I) and (1)(w)(IV) amended and (1)(w)(V) added, (HB 21-1119), ch. 49, p. 207, � 4, effective September 7; (2) added, (HB 21-1247), ch. 219, p. 1154, � 1, effective September 7. L. 2022: (1)(j)(I) amended, (HB 22-1157), ch. 321, p. 2271, � 1, effective June 2; (1)(cc) added, (HB 22-1289), ch. 399, p. 2837, � 7, effective June 7; (1)(h) amended, (HB 22-1295), ch. 123, p. 845, � 68, effective July 1. L. 2024: (1)(w)(III)(A) amended, (SB 24-007), ch. 401, p. 2761, � 3, effective June 5; (1)(h) amended, (SB 24-078), ch. 441, p. 3087, � 4, effective August 7.

Editor's note: (1)  This section is similar to former � 25-1-107 (1)(c), (1)(e), (1)(f),

(1)(g), (1)(h), (1)(i), (1)(j), (1)(m), (1)(n), (1)(q), (1)(s), (1)(t), (1)(u), (1)(v), (1)(w), (1)(y), (1)(z), (1)(aa), (1)(bb), (1)(cc), (1)(ff), (1)(hh), (1)(ii), and (1)(kk) as they existed prior to 2003.

(2)  Subsection (1)(i)(I)(E) provided for the repeal of subsection (1)(i)(I)(E),

effective July 1, 2021. (See L. 2020, p. 1349.)

Cross references: For the legislative declaration contained in the 2003 act

enacting (1)(y), see section 1 of chapter 145, Session Laws of Colorado 2003. For the legislative declaration in SB 18-272, see section 1 of chapter 333, Session Laws of Colorado 2018. For the legislative declaration in HB 21-1119, see section 1 of chapter 49, Session Laws of Colorado 2021. For the legislative declaration in HB 22-1289, see section 1 of chapter 399, Session Laws of Colorado 2022. For the legislative declaration in SB 24-007, see section 1 of chapter 401, Session Laws of Colorado 2024. For the legislative declaration in SB 24-078, see section 1 of chapter 441, Session Laws of Colorado 2024.

25-1.5-102.  Epidemic and communicable diseases - powers and duties of

department - rules - definitions. (1) The department has, in addition to all other powers and duties imposed upon it by law, the powers and duties provided in this section as follows:

(a) (I)  To investigate and control the causes of epidemic and communicable

diseases affecting the public health.

(II)  For the purposes of this paragraph (a), the board shall determine, by rule

and regulation, those epidemic and communicable diseases and conditions that are dangerous to the public health. The board is authorized to require reports relating to such designated diseases in accordance with the provisions of section 25-1-122 and to have access to medical records relating to such designated diseases in accordance with the provisions of section 25-1-122.

(III)  For the purposes of this paragraph (a), epidemic diseases means cases

of an illness or condition, communicable or noncommunicable, in excess of normal expectancy, compared to the usual frequency of the illness or condition in the same area, among the specified population, at the same season of the year. A single case of a disease long absent from a population may require immediate investigation.

(IV)  For the purposes of this paragraph (a), communicable diseases means

an illness due to a specific infectious agent or its toxic products that arises through transmission of that agent or its products from an infected person, animal, or reservoir to a susceptible host, either directly or indirectly through an intermediate plant or animal host, vector, or the inanimate environment.

(b) (I)  To investigate and monitor the spread of disease that is considered

part of an emergency epidemic, as defined in section 24-33.5-703 (4), to determine the extent of environmental contamination resulting from the emergency epidemic, and to rapidly provide epidemiological and environmental information to the state board of health.

(II)  Except as otherwise directed by executive order of the governor, the

department shall exercise its powers and duties to control epidemic and communicable diseases and protect the public health as set out in this section.

(III)  The department may accept and expend federal funds, gifts, grants, and

donations for the purposes of an emergency epidemic or preparation for an emergency epidemic.

(IV)  When a public safety worker, emergency medical service provider, peace

officer, or staff member of a detention facility has been exposed to blood or other bodily fluid which there is a reason to believe may be infectious with hepatitis C, the state department and county, district, and municipal public health agencies within their respective jurisdictions shall assist in evaluation and treatment of any involved persons by:

(A)  Accessing information on the incident and any persons involved to

determine whether a potential exposure to hepatitis C occurred;

(B)  Examining and testing such involved persons to determine hepatitis C

infection when the fact of an exposure has been established by the state department or county, district, or municipal public health agency;

(C)  Communicating relevant information and laboratory test results on the

involved persons to such persons' attending physicians or directly to the involved persons if the confidentiality of such information and test results is acknowledged by the recipients and adequately protected, as determined by the state department or county, district, or municipal public health agency; and

(D)  Providing counseling to the involved persons on the potential health risks

resulting from exposure and the available methods of treatment.

(V)  The employer of an exposed person shall ensure that relevant

information and laboratory test results on the involved person are kept confidential. Such information and laboratory results are considered medical information and protected from unauthorized disclosure.

(VI)  For purposes of this paragraph (b), public safety worker includes, but is

not limited to, law enforcement officers, peace officers, and firefighters.

(c)  To establish, maintain, and enforce isolation and quarantine, and, in

pursuance thereof and for this purpose only, to exercise such physical control over property and the persons of the people within this state as the department may find necessary for the protection of the public health;

(d)  To abate nuisances when necessary for the purpose of eliminating

sources of epidemic and communicable diseases affecting the public health.

(e)  Repealed.


(2)  Notwithstanding any other provision of law to the contrary, the

department shall administer the provisions of this section regardless of an individual's race, religion, gender, ethnicity, national origin, or immigration status.

Source: L. 2003: Entire article added with relocations, p. 680, � 2, effective

July 1; IP(1)(b)(IV) amended, p. 1617, � 23, effective August 6. L. 2006, 1st Ex. Sess.: (2) added, p. 25, � 2, effective July 31. L. 2010: IP(1)(b)(IV), (1)(b)(IV)(B), and (1)(b)(IV)(C) amended, (HB 10-1422), ch. 419, p. 2091, � 86, effective August 11. L. 2013: (1)(b)(I) amended, (HB 13-1300), ch. 316, p. 1687, � 72, effective August 7. L. 2018: (1)(b)(I) amended, (HB 18-1394), ch. 234, p. 1473, � 20, effective August 8. L. 2022: (1)(e) added, (SB 22-226), ch. 179, p. 1192, � 10, effective May 18. L. 2023: (1)(e) amended, (HB 23-1246), ch. 199, p. 1019, � 7, effective May 16. L. 2024: (1)(e) amended, (HB 24-1465), ch. 257, p. 1684, � 7, effective May 24; (1)(e) amended, (HB 24-1466), ch. 429, p. 2941, � 27, effective June 5. L. 2025: (1)(b)(I) amended, (HB 25-1027), ch. 65, p. 274, � 9, effective April 10; (1)(e) repealed, (SB 25-312), ch. 301, p. 1538, � 19, effective May 30.

Editor's note: (1)  This section is similar to former � 25-1-107 (1)(a), (1)(a.5),

(1)(b), and (1)(d) as they existed prior to 2003.

(2)  Amendments to subsection (1)(b)(IV) by House Bill 03-1266 and Senate

Bill 03-002 were harmonized.

(3)  Amendments to subsection (1)(e) by HB 24-1465 and HB 24-1466 were

harmonized.

Cross references: For the legislative declaration in SB 22-226, see section 1

of chapter 179, Session Laws of Colorado 2022. For the legislative declaration in HB 23-1246, see section 1 of chapter 199, Session Laws of Colorado 2023. For the legislative declaration in HB 24-1466, see section 1 of chapter 429, Session Laws of Colorado 2024.

25-1.5-103.  Health facilities - powers and duties of department - rules -

limitations on rules - definitions - repeal. (1) The department has, in addition to all other powers and duties imposed upon it by law, the powers and duties provided in this section as follows:

(a) (I) (A)  To annually license and to establish and enforce standards for the

operation of general hospitals, hospital units as defined in section 25-3-101 (2), freestanding emergency departments as defined in section 25-1.5-114, critical access hospitals as defined in section 25-1.5-114.5, psychiatric hospitals, community clinics, rehabilitation hospitals, convalescent centers, facilities for persons with intellectual and developmental disabilities, nursing care facilities, hospice care, assisted living residences, dialysis treatment clinics, ambulatory surgical centers, birthing centers, home care agencies, and other facilities of a like nature, except those wholly owned and operated by a governmental unit or agency.

(A.5)  Repealed.


(B)  In establishing and enforcing such standards and in addition to the

required announced inspections, the department shall, within available appropriations, make additional inspections without prior notice to the health facility, subject to sub-subparagraph (C) of this subparagraph (I). Such inspections shall be made only during the hours of 7 a.m. to 7 p.m.

(C)  The department shall extend the survey cycle or conduct a tiered

inspection or survey of a health facility licensed for at least three years and against which no enforcement activity has been taken, no patterns of deficient practices exist, as documented in the inspection and survey reports issued by the department, and no substantiated complaint resulting in the discovery of significant deficiencies that may negatively affect the life, health, or safety of consumers of the health facility has been received within the three years prior to the date of the inspection. The department may expand the scope of the inspection or survey to an extended or full survey if the department finds deficient practice during the tiered inspection or survey. The department, by rule, shall establish a schedule for an extended survey cycle or a tiered inspection or survey system designed, at a minimum, to: Reduce the time needed for and costs of licensure inspections for both the department and the licensed health facility; reduce the number, frequency, and duration of on-site inspections; reduce the scope of data and information that health facilities are required to submit or provide to the department in connection with the licensure inspection; reduce the amount and scope of duplicative data, reports, and information required to complete the licensure inspection; and be based on a sample of the facility size. Nothing in this subsection (1)(a)(I)(C) limits the ability of the department to conduct a periodic inspection or survey that is required to meet its obligations as a state survey agency on behalf of the federal centers for medicare and medicaid services or the department of health care policy and financing to assure that the health facility meets the requirements for participation in the medicare and medicaid programs or limits the ability of the department to enter, survey, and investigate hospitals pursuant to section 25-3-128.

(D)  In connection with the renewal of licenses issued pursuant to this

subparagraph (I), the department shall institute a performance incentive system pursuant to section 25-3-105 (1)(a)(I)(C).

(E)  The department shall not cite as a deficiency in a report resulting from a

survey or inspection of a licensed health facility any deficiency from an isolated event identified by the department that can be effectively remedied during the survey or inspection of the health facility, unless the deficiency caused harm or a potential for harm, created a life- or limb-threatening emergency, or was due to abuse or neglect.

(F)  Sections 24-4-104, C.R.S., and 25-3-102 govern the issuance, suspension,

renewal, revocation, annulment, or modification of licenses. All licenses issued by the department must contain the date of issue and cover a twelve-month period. Nothing contained in this paragraph (a) prevents the department from adopting and enforcing, with respect to projects for which federal assistance has been obtained or is requested, higher standards as may be required by applicable federal laws or regulations of federal agencies responsible for the administration of applicable federal laws.

(II)  To establish and enforce standards for the operation and maintenance of

the health facilities named in subparagraph (I) of this paragraph (a), wholly owned and operated by the state or any of its political subdivisions, and no such facility shall be operated or maintained without an annual certificate of compliance;

(b)  To suspend, revoke, or refuse to renew any license issued to a health

facility pursuant to subparagraph (I) or (II) of paragraph (a) of this subsection (1) if such health facility has committed abuse of health insurance pursuant to section 18-13-119, C.R.S., or if such health facility has advertised through newspapers, magazines, circulars, direct mail, directories, radio, television, or otherwise that it will perform any act prohibited by section 18-13-119 (3), C.R.S., unless the health facility is exempted from section 18-13-119 (5), C.R.S.;

(c)  Repealed.


(d) (I)  To ensure that each hospital that provides nonemergent perinatal care

services is complying with the requirements specified in section 25-52-106.5, including participating in at least one maternal or infant health quality improvement initiative and submitting outcome data to the perinatal quality collaborative defined in section 25-52-103 (3).

(II)  This subsection (1)(d) is repealed, effective September 1, 2029.


(2)  As used in this section, unless the context otherwise requires:


(a) and (a.3)  Repealed.


(a.5)  Community clinic has the same meaning as set forth in section 25-3-101 and does not include:


(I)  A federally qualified health center, as defined in the federal Social

Security Act, 42 U.S.C. sec. 1395x (aa)(4);

(II)  A rural health clinic as defined in section 1861 (aa)(2) of the federal

Social Security Act, 42 U.S.C. sec. 1395x (aa)(2); or

(III)  A freestanding emergency department, as defined in and required to be

licensed under section 25-1.5-114.

(b)  Repealed.


(b.5)  Enforcement activity means the imposition of remedies such as civil

money penalties; appointment of a receiver or temporary manager; conditional licensure; suspension or revocation of a license; a directed plan of correction; intermediate restrictions or conditions, including retaining a consultant, department monitoring, or providing additional training to employees, owners, or operators; or any other remedy provided by state or federal law or as authorized by federal survey, certification, and enforcement regulations and agreements for violations of federal or state law.

(c)  Facility for persons with developmental disabilities means a facility

specially designed for the active treatment and habilitation of persons with intellectual and developmental disabilities or a community residential home, as defined in section 25.5-10-202, C.R.S., which is licensed and certified pursuant to section 25.5-10-214, C.R.S.

(d)  Hospice care means an entity that administers services to a terminally

ill person utilizing palliative care or treatment.

(3) (a)  In the exercise of its powers pursuant to this section, the department

shall not promulgate any rule, regulation, or standard relating to nursing personnel for rural nursing care facilities, rural intermediate care facilities, and other rural facilities of a like nature more stringent than the applicable federal standards and regulations.

(b)  For purposes of this subsection (3), rural means:


(I)  A county of less than fifteen thousand population; or


(II)  A municipality of less than fifteen thousand population which is located

ten miles or more from a municipality of over fifteen thousand population; or

(III)  The unincorporated part of a county ten miles or more from a

municipality of fifteen thousand population or more.

(c)  A nursing care facility which is not rural as defined in paragraph (b) of this

subsection (3) shall meet the licensing requirements of the department for nursing care facilities. However, if a registered nurse hired pursuant to department regulations is temporarily unavailable, a nursing care facility may use a licensed practical nurse in place of a registered nurse if such licensed practical nurse is a current employee of the nursing care facility.

(3.5)  Repealed.


(4)  In the exercise of its powers, the department shall not promulgate any

rule, regulation, or standard that limits or interferes with the ability of an individual to enter into a contract with a private pay facility concerning the programs or services provided at the private pay facility. For the purposes of this subsection (4), private pay facility means a skilled nursing facility or intermediate care facility subject to the requirements of section 25-1-120 or an assisted living residence licensed pursuant to section 25-27-105 that is not publicly funded or is not certified to provide services that are reimbursed from state or federal assistance funds.

(5) (a)  This subsection (5) applies to construction, including substantial

renovation, and ongoing compliance with article 33.5 of title 24, C.R.S., of a health-care facility building or structure on or after July 1, 2013. All health facility buildings and structures shall be constructed in conformity with the standards adopted by the director of the division of fire prevention and control in the department of public safety.

(b)  Except as provided in paragraph (c) of this subsection (5) but

notwithstanding any other provision of law to the contrary, the department shall not issue or renew any license under this article unless the department has received a certificate of compliance from the division of fire prevention and control certifying that the building or structure of the health facility is in conformity with the standards adopted by the director of the division of fire prevention and control.

(c)  The department has no authority to establish or enforce standards

relating to building or fire codes. All functions, personnel, and property of the department as of June 30, 2013, that are principally directed to the administration, inspection, and enforcement of any building or fire codes or standards shall be transferred to the health facility construction and inspection section of the division of fire prevention and control pursuant to section 24-33.5-1201 (5), C.R.S.

(d)  Notwithstanding any provision of law to the contrary, all health facilities

seeking certification pursuant to the federal insurance or assistance provided by Title XIX of the federal Social Security Act, as amended and commonly known as medicaid, or the federal insurance or assistance provided by Title XVIII of the federal Social Security Act, as amended and commonly known as medicare, or any successor code adopted or promulgated by the appropriate federal authorities, shall continue to meet such certification requirements.

(e)  Nothing in this subsection (5) divests the department of the authority to

perform health survey work or prevents the department from accessing related funds.

(6) (a)  The department shall collaborate with the department of education,

the department of health care policy and financing, and the department of human services to develop an interagency resource guide pursuant to section 22-2-410 to assist facilities to become licensed or authorized as approved facility schools and to recommend changes related to the interagency resource guide to the department's statute, rule, or administrative procedures.

(b)  The department shall prominently post the interagency resource guide

created pursuant to subsection (6)(a) of this section on the department's website.

Source: L. 2003: Entire article added with relocations, p. 682, � 2, effective

July 1. L. 2006: (1)(a)(I), (1)(c)(I), (2), and (2)(b) amended, pp. 1389, 1404, �� 21, 63, effective August 7. L. 2008: (3.5) added, p. 1947, � 1, effective June 2; (1)(a)(I) amended, p. 2232, � 1, effective August 5. L. 2010: (3.5)(a)(I) amended, (SB 10-175), ch. 188, p. 798, � 59, effective April 29. L. 2011: (2)(a.5) added, (HB 11-1101), ch. 94, p. 277, � 1, effective April 8; (2)(a.5) amended, (HB 11-1323), ch. 265, p. 1198, � 1, effective June 2. L. 2012: (1)(a)(I), (1)(c), and IP(2)(a.5) amended and (2)(b.5) added, (HB 12-1294), ch. 252, p. 1251, � 2, effective June 4; (5) added, (HB 12-1268), ch. 234, p. 1024, � 1, effective July 1, 2013. L. 2013: (5)(a) amended, (HB 13-1300), ch. 316, p. 1687, � 73, effective August 7; (1)(a)(I)(A) and (2)(c) amended, (HB 13-1314), ch. 323, p. 1806, � 37, effective March 1, 2014. L. 2017: (2)(b) amended, (SB 17-242), ch. 263, p. 1323, � 184, effective May 25. L. 2019: (1)(a)(I)(A) and (2)(a.5)(II) amended and (2)(a.5)(III) added, (HB 19-1010), ch. 324, p. 2997, � 2, effective August 2; (3.5) amended, (HB 19-1060), ch. 10, p. 40, � 3, effective August 2; (1)(a)(I)(A) and (1)(c) amended and (2)(a.3) added, (HB 19-1237), ch. 413, p. 3639, � 8, effective July 1, 2021. L. 2020: (2)(a.5)(I) amended, (SB 20-136), ch. 70, p. 287, � 21, effective September 14. L. 2022: (1)(a)(I)(C) amended, (HB 22-1401), ch. 178, p. 1180, � 2, effective May 18; (1)(a)(I)(A.5) added and (3.5) repealed, (HB 22-1278), ch. 222, pp. 1583, 1506, �� 211, 52, effective July 1; IP(2) and (2)(a.3)(I) amended, (HB 22-1295), ch. 123, p. 845, � 69, effective July 1; (1)(a)(I)(A) amended (HB 22-1278), ch. 222, p. 1591, � 226, effective July 1, 2024; (2)(a)(II), (2)(a.3)(II), and (2)(b)(II) added by revision, (HB 22-1278), ch. 222, pp. 1591, 1605, �� 226, 263(1)(b). L. 2023: (6) added, (SB 23-219), ch. 88, p. 333, � 12, effective April 20; (1)(a)(I)(A.5), (2)(a.3)(II), and (2)(b)(II) amended and (1)(c)(III) added, (HB 23-1236), ch. 206, p. 1052, � 7, effective May 16. L. 2024: (1)(d) added, (SB 24-175), ch. 433, p. 3035, � 2, effective June 5; (1)(a)(I)(A) amended, (SB 24-121), ch. 439, p. 3065, � 1, effective August 7.

Editor's note: (1)  This section is similar to former � 25-1-107 (1)(l), (3), and (4)

as they existed prior to 2003.

(2)  Amendments to subsection (2) in sections 21 and 63 of House Bill 06-1277 were harmonized. As a result of the harmonization, subsection (2)(a) in section

63 of House Bill 06-1277 was renumbered as subsection (2)(b).

(3)  Amendments to subsection (1)(a)(I)(A) by HB 19-1010 and HB 19-1237 were

harmonized, effective July 1, 2021.

(4)  Subsection (2)(a.3)(I) was amended in HB 22-1295. Those amendments

were superseded by the repeal of subsection (2.3)(a) in SB 22-1278, effective July 1, 2024.

(5)  Subsection (2)(a)(II) provided for the repeal of subsection (2)(a), effective

July 1, 2024. (See L. 2022, pp. 1591, 1605.)

(6)  Subsections (1)(a)(I)(A.5), (1)(c)(III), (2)(a.3)(II), and (2)(b)(II) provided for the

repeal of subsections (1)(a)(I)(A.5), (1)(c), (2)(a.3), and (2)(b), respectively, effective January 1, 2025. (See L. 2023, p. 1052.)

Cross references: For the legislative declaration in the 2012 act amending

subsections (1)(a)(I) and (1)(c) and the introductory portion to subsection (2)(a.5) and adding subsection (2)(b.5), see section 1 of chapter 252, Session Laws of Colorado 2012. For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. For the legislative declaration in HB 19-1060, see section 1 of chapter 10, Session Laws of Colorado 2019. For the legislative declaration in SB 20-136, see section 1 of chapter 70, Session Laws of Colorado 2020.

25-1.5-104.  Regulation of standards relating to food - powers and duties of

department. (1) The department has, in addition to all other powers and duties imposed upon it by law, the powers and duties provided in this section as follows:

(a)  To impound any vegetables and other edible crops and meat and animal

products intended for and unfit for human consumption, and, upon five days' notice and after affording reasonable opportunity for a hearing to the interested parties, to condemn and destroy the same if deemed necessary for the protection of the public health;

(b) (I)  To promulgate and enforce rules, regulations, and standards for the

grading, labeling, classification, and composition of milk, milk products, and dairy products, including imitation dairy products; to establish minimum general sanitary standards of quality of all milk, milk products, dairy products, and imitation dairy products sold for human consumption in this state; to inspect and supervise, in dairy plants or dairy farms and in other establishments handling any milk, milk products, dairy products, or imitation dairy products, the sanitation of production, processing, and distribution of all milk, milk products, dairy products, and imitation dairy products sold for human consumption in this state and, to this end, to take samples of milk, milk products, dairy products, and imitation dairy products for bacteriological, chemical, and other analyses; and to enforce the standards for milk, milk products, dairy products, and imitation dairy products in processing plants, dairy farms, and other facilities and establishments handling, transporting, or selling such products; to certify persons licensed by the department under the provisions of section 25-5.5-107 as duly qualified persons for the purpose of collecting raw milk samples for official analyses in accordance with minimum qualifications established by the department; to issue, for the fees established by law, licenses and temporary permits to operate milk plants, dairy plants, receiving stations, dairy farms, and other facilities manufacturing any milk, milk products, dairy products, or imitation dairy products for human consumption.

(II)  The phrase minimum general sanitary standards as used in this section

means the minimum standards reasonably consistent with assuring adequate protection of the public health. The word standards as used in this section means standards reasonably designed to promote and protect the public health.

(c)  To promulgate and enforce rules and regulations for the labeling and sale

of oleomargarine and for the governing of milk- or cream-weighing-and-testing operations;

(d)  To approve all oils used in reading tests of samples of cream and milk;


(e)  To examine and license persons to sample or test milk, cream, or other

dairy products for the purpose of determining the value of such products or to instruct other persons in the sampling and testing of such products and to cancel licenses issued by the department on account of incompetency or any violation of the provisions of the dairy laws or the rules and regulations promulgated by the board;

(f)  To license manufacturers of oleomargarine;


(g)  To establish and enforce sanitary standards for the operation of

slaughtering, packing, canning, and rendering establishments and stores, shops, and vehicles wherein meat and animal products intended for human consumption may be offered for sale or transported, but this shall not be construed to authorize any state officer or employee to interfere with regulations or inspections made by anyone acting under the laws of the United States.

Source: L. 2003: Entire article added w

C.R.S. § 25-17-302

25-17-302. Definitions. As used in this part 3, unless the context otherwise requires:

(1)  Commission means the solid and hazardous waste commission created

in section 25-15-302.

(2)  Consumer means a person who has purchased an electronic device

primarily for personal or home business use.

(3) (a)  Electronic device means a device that is marketed by a

manufacturer for use by a consumer and that is:

(I)  A computer, peripheral, printer, facsimile machine, digital video disc

player, video cassette recorder, or other electronic device specified by rule promulgated by the commission; or

(II)  A video display device or computer monitor, including a laptop, notebook,

ultrabook, or netbook computer, television, tablet or slate computer, electronic book, or other electronic device specified by rule promulgated by the commission that contains a cathode ray tube or flat panel screen with a screen size that is greater than four inches, measured diagonally.

(b)  Electronic device does not include:


(I)  A device that is part of a motor vehicle or any component part of a motor

vehicle, including replacement parts for use in a motor vehicle;

(II)  A device, including a touch-screen display, that is functionally or

physically part of or connected to a system or equipment designed and intended for use in any of the following settings, including diagnostic, monitoring, or control equipment:

(A)  Industrial;


(B)  Commercial, including retail;


(C)  Library checkout;


(D)  Traffic control;


(E)  Security, sensing, monitoring, or counterterrorism;


(F)  Border control;


(G)  Medical; or


(H)  Governmental or research and development;


(III)  A device that is contained within any of the following:


(A)  A clothes washer or dryer;


(B)  A refrigerator, freezer, or refrigerator and freezer;


(C)  A microwave oven or conventional oven or range;


(D)  A dishwasher;


(E)  A room air conditioner, dehumidifier, or air purifier; or


(F)  Exercise equipment;


(IV)  A device capable of using commercial mobile radio service, as defined in

47 CFR 20.3, that does not contain a video display area greater than four inches, measured diagonally; or

(V)  A telephone.


(4)  Landfill means a solid wastes disposal site and facility, as that term is

defined in section 30-20-101 (8), C.R.S.

(5)  Peripheral means a keyboard, mouse, or other device that is sold

exclusively for external use with a computer and provides input or output into or from a computer.

(6)  Processing for reuse means a method, technique, or process by which

electronic devices that would otherwise be disposed of or discarded are instead separated, processed, and returned to their original intended purposes or to other useful purposes as electronic devices.

(7)  Recycle or recycling means processing, including disassembling,

dismantling, shredding, and smelting, an electronic device or its components to recycle a useable component, commodity, or product, including processing for reuse. Recycling, with respect to electronic devices, does not include any process defined as incineration under applicable laws or rules.

(8)  State agency means any department, commission, council, board,

bureau, committee, institution of higher education, agency, or other governmental unit of the executive, legislative, or judicial branch of state government.

(9) (a)  Video display device means:


(I)  An electronic device with an output surface that displays or is capable of

displaying moving graphical images or visual representations of image sequences or pictures that show a number of quickly changing images on a screen to create the illusion of motion; or

(II)  An electronic device with a viewable screen of four inches or larger,

measured diagonally, that contains a tuner that locks on to a selected carrier frequency or cable signal and is capable of receiving and displaying television or video programming via broadcast, cable, or satellite.

(b)  Video display device includes a device that is an integral part of the

display and cannot easily be removed from the display by the consumer and that produces the moving image on the screen. A video display device may use a cathode ray tube, liquid crystal display, gas plasma, digital light processing, or other image-projection technology.

(c)  Video display device does not include a device that is part of a motor

vehicle or any component part of a motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including replacement parts for use in a motor vehicle.

Source: L. 2012: Entire part added, (SB 12-133), ch. 127, p. 434, � 1, effective

August 8.

C.R.S. § 25-27-104

25-27-104. Minimum standards for assisted living residences - rules - definition. (1) On or before November 1, 2002, the state board shall promulgate rules pursuant to section 24-4-103, C.R.S., providing minimum standards for the location, sanitation, fire safety, adequacy of facilities, adequacy of diet and nutrition, equipment, structure, operation, provision of personal services and protective oversight, and personnel practices of assisted living residences within the state of Colorado. Such rules shall differentiate between homes of different sizes. In formulating such rules, the state board shall seek recommendations from the advisory committee established pursuant to section 25-27-110.

(2)  State board rules promulgated pursuant to subsection (1) of this section

must include, at a minimum, rules requiring the following:

(a)  Compliance with all applicable zoning, housing, fire, sanitary, and other

codes and ordinances of the city, city and county, or county where the residence is situated, to the extent that such codes and ordinances are consistent with the federal Fair Housing Amendments Act of 1988, as amended, 42 U.S.C. sec. 3601 et seq.;

(b)  Annual inspection of assisted living residences by the department or its

designated representative;

(c)  That the premises to be used are in fit, safe, and sanitary condition and

properly equipped to provide good care to the residents;

(d)  That the Colorado long-term care ombudsman, designated by the

department of human services, have access to the premises and residents during reasonable hours for the purposes set out in the federal Older Americans Act of 1965;

(e)  Protection of the individual rights of residents either through a written

board and care plan or by means of contracts executed with the residents, which board and care plan or contract shall meet the requirements stated in section 25-27-104.5;

(f)  Responsibility of the assisted living residences for social supervision,

personal services, and coordination with community resources as needed by the residents;

(g)  That the administrator and staff of a residence:


(I) (A)  Meet minimum educational, training, and experience standards

established by the state board.

(B)  On and after January 1, 2024, the state board's minimum standards for

administrators must require, at a minimum, that each administrator, regardless of the administrator's hire date, have at least one year experience supervising the delivery of personal care services that includes activities of daily living or has attained the education or experience established by the state board in lieu of that supervisory experience.

(II)  Are of good, moral, and responsible character. In making the

determination, the owner or licensee of a residence shall have access to and shall obtain any criminal history record information from a criminal justice agency, subject to any restrictions imposed by the agency for any person responsible for the care and welfare of residents of the residence and shall obtain a check of the Colorado adult protective services data system pursuant to section 26-3.1-111 for any person who is an employee of the residence, as defined in section 26-3.1-111 (2), who will provide direct care to residents.

(h)  Intermediate enforcement remedies as authorized by section 25-27-106

(2);

(i)  Written plans, to be submitted by residences to the department for

approval, detailing the measures that will be taken to correct violations found as a result of inspections;

(j)  The definition for high medicaid utilization facility as a basis for a modified

fee schedule. A high medicaid utilization residence shall be a residence in which no less than thirty-five percent of the available beds are occupied by medicaid enrollees as indicated by the most complete claims data available.

(k)  A modified fee schedule for residences that serve a disproportionate

share of low-income residents. The board may adopt a standard for determining residences that serve a disproportionate share of low-income residents. Such standard may require a residence to submit documentation determined appropriate by the department for verification.

(l)  That the assisted living residence comply with the provisions of section

25-27-104.3 concerning the involuntary discharge of residents; and

(m)  That the state board establish, not later than January 1, 2024, a range of

fines for violations, which amounts may vary based on the size of the assisted living residence and the potential for harm to one or more persons, and shall permit the department to consider factors set forth in section 25-27-106 (4) in determining the amount of the fine. Prior to the board's adoption of rules concerning the range of fines for violations, the department shall make recommendations to the board, including a proposed schedule of fines that vary the range of fines by the severity and frequency of the violations and that may include a different range of fines based on the size of the residence. The department shall first present the recommendations to and seek feedback from the advisory committee established in section 25-27-110.

(3) (a)  Rules adopted by the state board pursuant to subsection (1) of this

section must exempt an assisted living residence from complying with the facility guideline institute (FGI) guidelines, except in the case of new construction or major renovations. An assisted living residence must still comply with all other fire and local building codes and the standards outlined in this section.

(b)  As used in subsection (3)(a) of this section, major renovations means

additions to a building's structure or changes that affect the structural integrity of the building. Major renovations do not include changing the functional operation of a space if no construction is completed and the floor plan of the building remains the same. It also does not include adding beds to accommodate more residents or upgrades to the heating or cooling systems and electrical systems if those improvements do not require construction.

Source: L. 84: Entire article added, p. 791, � 1, effective July 1. L. 85: Entire

section R&RE, p. 925, � 4, effective July 1. L. 90: (2)(a) amended and (2)(g) added, p. 1355, � 3, effective July 1. L. 94: (2)(d) amended, p. 2703, � 259, effective July 1. L. 2002: (1), IP(2), (2)(a), (2)(b), (2)(f), and (2)(g) amended and (2)(h) to (2)(k) added, p. 1318, � 4, effective July 1. L. 2003: (2)(k) amended, p. 1998, � 47, effective May 22. L. 2006: (2)(e) amended, p. 254, � 2, effective January 1, 2007. L. 2022: IP(2) and (2)(g) amended and (2)(l) and (2)(m) added, (SB 22-154), ch. 323, p. 2287, � 2, effective June 2. L. 2025: (3) added, (HB 25-1213), ch. 276, p. 1434, � 2, effective August 6.

Cross references: For the legislative declaration contained in the 1994 act

amending subsection (2)(d), see section 1 of chapter 345, Session Laws of Colorado 1994.

C.R.S. § 25-4-101

25-4-101. Premises sanitation - food defined. Every building, room, basement, enclosure, or premises occupied, used, or maintained as a bakery, confectionery, cannery, packing house, slaughterhouse, creamery, cheese factory, restaurant, hotel, grocery, meat market factory, shop, or warehouse, or any public place or manufacturing place used for the preparation, manufacture, packing, storage, sale, or distribution of any food, as defined in this section, which is intended for sale shall be properly and adequately lighted, drained, plumbed, and ventilated and shall be conducted with strict regard to the influence of such conditions upon the health of operatives, employees, clerks, or other persons therein employed and the purity and wholesomeness of the food therein produced, prepared, manufactured, packed, stored, sold, or distributed. For the purposes of this part 1, food includes all articles used for food, drink, confectionery, or condiment, whether simple, mixed, or compound, and all substances or ingredients used in the preparation thereof.

Source: L. 13: p. 510, � 1. C.L. � 1015. CSA: C. 69, � 21. CRS 53: � 66-13-1.

C.R.S. 1963: � 66-13-1.

Cross references: For safety inspections, see articles 1 and 4 of title 9; for

the Custom Processing of Meat Animals Act, see article 33 of title 35.

C.R.S. § 25-4-105

25-4-105. Toilet rooms and lavatories. Every such building, room, basement, enclosure, or premises occupied, used, or maintained for the production, preparation, manufacture, canning, packing, storage, sale, or distribution of such food shall have adequate and convenient toilet rooms or lavatories. The toilet rooms shall be separate and apart from the rooms where the process of production, preparation, manufacture, packing, storing, canning, selling, and distributing is conducted. The floors of such toilet rooms shall be of cement, tile, wood, brick, or other nonabsorbent material and shall be washed and scoured daily. Such toilets shall be furnished with separate ventilating flues and pipes discharging into soil pipes or shall be on the outside of and well removed from the building. Lavatories and washrooms shall be maintained in a sanitary condition.

Source: L. 13: p. 511, � 5. C.L. � 1019. CSA: C. 69, � 25. CRS 53: � 66-13-5.

C.R.S. 1963: � 66-13-5.

C.R.S. § 25-4-1302

25-4-1302. Definitions. As used in this part 13, unless the context otherwise requires:

(1)  Bulk foods means unpackaged or unwrapped foods, either processed or

unprocessed, in aggregate containers from which quantities desired by the consumer are withdrawn. Bulk foods does not include fresh fruits, fresh vegetables, nuts in the shell, salad bars, bulk pet foods, potentially hazardous foods, and bulk nonfood items.

(2)  Department means the department of public health and environment.


(3)  Display area means a location, including physical facilities and

equipment, where bulk foods are offered for customer self-service.

(4)  Potentially hazardous foods includes any food that consists in whole or

in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, or other food products or ingredients, including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. This term does not include refrigerated, clean, whole, uncracked, odor-free shell eggs.

(5)  Product module means a food-contact container (multiuse or single-service) designed for customer self-service of bulk foods by either direct or indirect

means.

(6)  Servicing area means a designated location equipped for cleaning,

sanitizing, drying, or refilling product modules or for preparing bulk foods.

Source: L. 85: Entire part added, p. 883, � 1, effective July 1. L. 89: (4)

amended, p. 1154, � 1, effective April 21. L. 94: (2) amended, p. 2770, � 460, effective July 1.

Cross references: For the legislative declaration contained in the 1994 act

amending subsection (2), see section 1 of chapter 345, Session Laws of Colorado 1994.

C.R.S. § 25-4-1602

25-4-1602. Definitions. As used in this part 16, unless the context otherwise requires:

(1)  Automated food merchandising enterprise means the collective activity

of the supplying or preparing of food or drink for automated food merchandising machines.

(1.5)  Caterer means a retail food establishment that:


(a)  Only provides food or beverages prepared in bulk at one location for

service in individual portions or buffets that are not available for individual purchase at another location; or

(b)  Provides food or beverage preparation or service on public or private

premises not under the ownership or control of the caterer.

(2)  Certificate of license means a grant to operate a retail food

establishment without a fee, under the conditions set forth in section 25-4-1607 (9).

(2.5)  County or district public health agency means a county or district

health department or a county or municipal board of health.

(2.7) [Editor's note: Subsection (2.7) is effective January 1, 2026.] Denver

retail food license has the meaning set forth in section 29-11.6-102 (1).

(3)  Department means the department of public health and environment

and its authorized employees.

(4)  Food means any raw, cooked, or processed edible substance, ice,

beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption.

(5)  Fund means the food protection cash fund created in section 25-4-1608.


(5.5)  Grocery store means a retail food establishment that only offers

prepackaged, commercially prepared food and beverages, including those that are required to be refrigerated or frozen and are time or temperature controlled for safety for retail sale to consumers, for off-premises consumption.

(5.7)  Grocery store with deli means a retail food establishment that:


(a)  Offers prepackaged, commercially prepared food for off-premises

consumption; and

(b)  Prepares or serves food in individual portions for immediate on-premises

or off-premises consumption.

(6)  HACCP plan means a written document setting forth the formal

procedures for following hazard analysis critical control point principles.

(6.5) (a)  Imminent health hazard means a significant threat or danger to

health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury or illness based on the number of potential injuries or illnesses and the nature, severity, and duration of the anticipated injury or illness.

(b)  Imminent health hazard includes an emergency such as a fire, flood,

extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, onset of an apparent food-borne illness outbreak, grossly unsanitary occurrence or condition, or other circumstance that may endanger public health.

(7)  Inspection means an inspection of a retail food establishment

conducted by the department or a county or district board of health to ensure compliance by such establishment with rules promulgated by the department pursuant to this part 16.

(8)  License means a grant to a licensee to operate a retail food

establishment.

(9)  Licensee means a person that is licensed or who holds a certificate of

license pursuant to this part 16 and is responsible for the lawful operation of a retail food establishment.

(9.5)  Limited food service establishment means a retail food establishment

that offers limited service, including:

(a)  Preparing or serving food that does not require time or temperature

control for safety;

(b)  Providing self-service beverages;


(c)  Offering prepackaged, commercially prepared food and beverages that

require time or temperature control for safety; or

(d)  Reheating commercially prepared foods that require time or temperature

control for safety.

(10)  (Deleted by amendment, L. 2009, (SB 09-223), ch. 255, p. 1151, � 2,

effective May 15, 2009.)

(10.5) [Editor's note: This version of subsection (10.5) is effective until

January 1, 2026.] Mobile food establishment means a retail food establishment that:

(a)  Is operated from a movable, motor-driven or propelled vehicle, portable

structure, or watercraft;

(b)  Can change location; and


(c)  Is intended to physically report to and operate from a commissary for

servicing, restocking, and maintenance.

(10.5) [Editor's note: This version of subsection (10.5) is effective January 1,

2026.] Mobile food establishment has the meaning set forth in section 29-11.6-102 (6).

(11)  Modified atmosphere packaging means the reduction of the amount of

oxygen in a package by mechanically evacuating the oxygen, displacing the oxygen with another gas or combination of gases, or otherwise controlling the oxygen content to a level below that normally found in the surrounding atmosphere, which is twenty-one percent oxygen.

(12)  Nonpotentially hazardous means any food or beverage that, when

stored under normal conditions without refrigeration, will not support the rapid and progressive growth of microorganisms that cause food infections or food intoxications.

(13)  Person means a natural person, partnership, association, company,

corporation, or organization or a manager, agent, servant, officer, or employee of any of such entities.

(13.5)  Restaurant means a retail food establishment that prepares and

serves food in individual portions or buffets for immediate on-premises or off-premises consumption.

(14)  Retail food establishment means a retail operation that stores,

prepares, or packages food for human consumption or serves or otherwise provides food for human consumption to consumers directly or indirectly through a delivery service, whether such food is consumed on or off the premises or whether there is a charge for such food. Retail food establishment does not mean:

(a)  Any private home;


(b)  Private boarding houses;


(c)  Hospital and health facility patient feeding operations licensed by the

department;

(d)  Child care centers and other child care facilities licensed by the

department of human services;

(e)  Hunting camps and other outdoor recreation locations where food is

prepared in the field rather than at a fixed base of operation;

(f)  Food or beverage wholesale manufacturing, processing, or packaging

plants, or portions thereof, that are subject to regulatory controls under state or federal laws or regulations;

(g)  Motor vehicles used only for the transport of food;


(h)  Establishments preparing and serving only hot coffee, hot tea, instant hot

beverages, and nonpotentially hazardous doughnuts or pastries obtained from sources complying with all laws related to food and food labeling;

(i)  Establishments that handle only nonpotentially hazardous prepackaged

food and operations serving only commercially prepared, prepackaged foods requiring no preparation other than the heating of food within its original container or package;

(j)  Farmers' markets and roadside markets that offer only uncut fresh fruit

and vegetables for sale;

(k)  Automated food merchandising enterprises that supply only

prepackaged nonpotentially hazardous food or drink or food or drink in bottles, cans, or cartons only, and operations that dispense only chewing gum or salted nuts in their natural protective covering;

(l)  The donation, preparation, sale, or service of food by a nonprofit or

charitable organization in conjunction with an event or celebration if such donation, preparation, sale, or service of food:

(I)  Does not exceed the duration of the event or celebration or a maximum of

fifty-two days within a calendar year; and

(II)  Takes place in the county in which such nonprofit or charitable

organization resides or is principally located;

(m)  A home, commercial, private, or public kitchen in which a person

produces food products sold directly to consumers pursuant to the Colorado Cottage Foods Act, section 25-4-1614.

(15)  Safe food means food that does not contain any poisonous,

deleterious, or disease-causing substance or microorganisms that may render such food injurious to human health.

(16)  Special event means an organized event or celebration at which retail

food establishments prepare, serve, or otherwise provide food for human consumption.

(17)  Uniform statewide administration, implementation, interpretation, and

enforcement means the application of the rules adopted by the state board of health and the policy guidance of the department by state and county or district public health agencies responsible for implementation of the rules and policies. The uniform application shall not preclude county or district public health agencies from implementing administrative efficiencies or practices if the practices do not conflict with the state board of health rules or department policies.

Source: L. 98: Entire part R&RE, p. 1245, � 1, effective July 1. L. 2009: (2.5)

and (17) added and (7) and (10) amended, (SB 09-223), ch. 255, p. 1151, � 2, effective May 15. L. 2010: (2.5) amended, (HB 10-1422), ch. 419, p. 2101, � 110, effective August 11. L. 2012: (14)(m) added, (SB 12-048), ch. 16, p. 41, � 4, effective March 15; (6.5) added, (HB 12-1097), ch. 78, p. 259, � 1, effective April 6. L. 2019: (6.5) amended, (HB 19-1014), ch. 11, p. 42, � 1, effective January 1, 2020. L. 2025: (1.5), (5.5), (5.7), (9.5), (10.5), and (13.5) added, (SB 25-285), ch. 296, p. 1510, � 1, effective August 6; (2.7) and (10.5) added, (HB 25-1295), ch. 214, p. 973, � 2, effective January 1, 2026.

Editor's note: (1)  This section is similar to former � 25-4-1602 as it existed

prior to 1998.

(2)  Subsection (10.5) was amended in SB 25-285. Those amendments are

superseded by the amendment of subsection (10.5) in HB 25-1295, effective January 1, 2026.

(3)  Section 5(2) of chapter 214 (HB 25-1295), Session Laws of Colorado

2025, provides that the act changing this section applies to the operation of mobile food establishments on or after January 1, 2026.

Cross references: For the legislative declaration in the 2012 act adding

subsection (14)(m), see section 1 of chapter 16, Session Laws of Colorado 2012.

C.R.S. § 25-4-1607

25-4-1607. Fees - rules - legislative declaration - repeal. (1) Beginning January 1, 2019, and ending December 31, 2025, each retail food establishment in this state shall be assessed an annual license fee as follows:

(a)  A retail food establishment preparing or serving food in individual

portions for immediate on- or off-premises consumption shall be assessed an annual fee based on the following schedule:

Seating Capacity        Fee


0 to 100            $ 385


101 to 200             430


Over 200               465


(a.5)  A retail food establishment limited to preparing or serving food that

does not require time or temperature control for safety, providing self-service beverages, offering prepackaged commercially prepared food and beverages requiring time or temperature control, or only reheating commercially prepared foods that require time or temperature control for safety for retail sale to consumers shall be assessed an annual fee of two hundred seventy dollars.

(b)  A retail food establishment only offering prepackaged commercially

prepared food and beverages, including those that are required to be held at refrigerated or frozen time or temperature control for safety for retail sale to consumers for off-premises consumption, shall be assessed an annual fee based on the following schedule:

Square Footage      Fee


Less than 15,001        $ 195


Over 15,000        353


(c)  A retail food establishment offering food for retail sale to consumers for

off-premises consumption and preparing or serving food in individual portions for immediate consumption either on- or off-premises shall be assessed an annual fee based on the following schedule:

Square Footage      Fee


Less than 15,001        $ 375


Over 15,000        715


(c.5)  A retail food establishment offering food at a temporary living quarter

for workers associated with oil and gas shall be assessed an annual fee of eight hundred fifty-five dollars.

(d)  A retail food establishment is subject to only one of the fees established

in this subsection (1); except that, effective September 1, 2016, the license fees established for retail food establishments at a special event, as defined in section 25-4-1602 (16), must be established by the county or district public health agency.

(d.5)  The fees established in this subsection (1) are effective September 1,

2018, for any new retail food establishment that was not licensed and in operation prior to that date.

(e) (I)  Retail food establishment license fees shall be established pursuant to

this subsection (1); except that:

(A)  The city and county of Denver may establish such fees by ordinance; and


(B)  A county or district board of health may establish fees that are lower

than the fees listed in this subsection (1) if the county or district board of health is in compliance with this part 16;

(II)  Notwithstanding subparagraph (I) of this paragraph (e), the fees

established in this subsection (1) or by ordinance of the city and county of Denver shall be the only annual license fees charged by the state or any county, district, local, or regional inspection authority and shall cover all inspections of a retail food establishment pursuant to this subsection (1) throughout an annual license period.

(f)  This subsection (1) is repealed, effective January 1, 2026.


(1.1) (a)  For calendar years 2026, 2027, and 2028 and for each subsequent

calendar year thereafter, each retail food establishment in this state must be assessed an annual license fee as follows:

(I)  A restaurant or caterer shall be assessed the applicable annual fee on or

after the dates listed in the following schedule:

Seating Capacity    1/1/2026    1/1/2027    1/1/2028


0 to 100            $ 481       $ 567       $ 682


101 to 200          $ 538       $ 634       $ 763


Over 200            $ 581       $ 687       $ 826


(II)  A limited food service establishment shall be assessed the applicable

annual fee on or after the dates listed in the following schedule:

                1/1/2026    1/1/2027    1/1/2028


                $ 338       $ 394       $ 475


(III)  A grocery store shall be assessed the applicable annual fee on or after

the dates listed in the following schedule:

Square Footage      1/1/2026    1/1/2027    1/1/2028


Less than 15,001        $ 244       $ 282       $ 340


Over 15,000         $ 441       $ 519       $ 624


(IV)  A grocery store with deli shall be assessed the applicable annual fee on

or after the dates listed in the following schedule:

Square Footage      1/1/2026    1/1/2027    1/1/2028


Less than 15,001        $ 469       $ 552       $ 664


Over 15,000         $ 894       $ 1,062 $ 1,276


(V)  A retail food establishment offering food at a temporary living quarter for

workers associated with oil and gas operations shall be assessed the applicable annual fee on or after the dates listed in the following schedule:

                1/1/2026    1/1/2027    1/1/2028


                $ 1,063 $ 1,264 $ 1,519


(VI)  A mobile food establishment shall be assessed the applicable annual fee

on or after the dates listed in the following schedule:

Mobile Type     1/1/2026    1/1/2027    1/1/2028


Full Service        $ 481       $ 567       $ 682


Prepackaged Food    $ 338       $ 394       $ 475


(VII)  The fee amounts listed for calendar year 2028 in this subsection (1.1)(a)

apply to calendar year 2029 and to each subsequent calendar year thereafter until a new fee schedule is established.

(b) (I)  A retail food establishment is subject to only one of the fees set forth

in subsection (1.1)(a) of this section.

(II)  A county or district public health agency shall establish the license fees

for a retail food establishment at a special event.

(c) (I)  The 2026 fee amounts set forth in subsection (1.1)(a) of this section

apply to, and shall be assessed for, a retail food establishment that commences operations or is newly licensed on or after September 1, 2025.

(II)  This subsection (1.1)(c) is repealed, effective January 1, 2026.


(d) (I)  Retail food establishment license fees shall be imposed pursuant to

this subsection (1.1); except that:

(A)  The city and county of Denver may establish fees by ordinance; and


(B)  A county or district board of health may establish fees that are lower

than the fees listed in subsection (1.1)(a) of this section if the county or district board of health is in compliance with this part 16.

(II)  Except as provided in subsection (1.1)(d)(I) of this section, the fees set

forth in subsection (1.1)(a) of this section or by ordinance of the city and county of Denver must:

(A)  Be the only annual license fees charged by the state or by a county,

district, local, or regional inspection authority; and

(B)  Cover all inspections required for a retail food establishment throughout

an annual license period.

(1.5)  Repealed.


(2)  At the time a plan is submitted for review, an application fee of one

hundred fifty-five dollars shall be paid to the department or a county or district board of health. The fee for plan review and preopening inspection of a new or remodeled retail food establishment must be the actual cost of such review and must not exceed nine hundred dollars. Such costs must be payable at the time the plan is approved and an inspection is completed to determine compliance.

(3)  At the time an equipment review is submitted, an application fee of one

hundred fifty-five dollars shall be paid to the department. The fee for equipment review by the department to determine compliance with applicable standards must be the actual cost of such review and must not exceed seven hundred seventy-five dollars. Such costs must be payable when the review is completed.

(4)  The fee for an HACCP plan review must not exceed six hundred twenty

dollars. Costs shall be paid at the time the plan is approved and an inspection is completed.

(5)  The fee for services requested by a person seeking department or county

or district board of health review of a potential retail food establishment site must be one hundred twenty dollars or the actual cost of such review, whichever is greater. One hundred twenty dollars of such fee shall be billed at the time the review is requested, and the remainder must be payable when services are completed.

(6)  The fee for food protection services provided to special events shall not

exceed the actual cost of such services and shall be paid by the organizer of such special event when services are completed.

(7)  The fee for any requested service not specifically set forth in this section

shall not exceed the actual cost of such service.

(8)  The actual cost of a service shall be established by the department or a

county or district board of health, whichever provided the service.

(9) (a)  A certificate of license may be issued to and in the name and address

of any:

(I)  Public or nonpublic school for students in kindergarten through twelfth

grade or any portion thereof;

(II)  Penal institution;


(III)  Nonprofit organization that provides food solely to people who are food

insecure, including, but not limited to, a soup kitchen, food pantry, or home delivery service; and

(IV)  Local government entity or nonprofit organization that donates,

prepares, or sells food at a special event, including, but not limited to, a school sporting event, firefighters' picnic, or church supper, that takes place in the county in which the local government entity or nonprofit organization resides or is principally located.

(b)  No institution or organization listed in paragraph (a) of this subsection (9)

shall pay any fee imposed on a retail food establishment pursuant to this section.

(10) (a)  County or district boards of health created in part 5 of article 1 of this

title 25 shall collect fees under this section if the county or district boards of health are authorized by the department to enforce this part 16 and any rules promulgated pursuant to this part 16.

(b)  Repealed.


(11)  (Deleted by amendment, L. 2009, (SB 09-223), ch. 255, p. 1155, � 7,

effective May 15, 2009.)

(12)  Notwithstanding the amount specified for any fee in this section, the

state board of health 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 state board of health 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.

(13) Legislative declaration - disposition of fee revenue. (a)  The general

assembly does not intend for the fees paid by retail food establishments as outlined in subsections (1) and (1.1) of this section to subsidize inspection or other costs associated with entities exempt from fees under subsection (9)(a) of this section.

(b)  Counties may only spend the increased revenue from the increase of

retail food establishment fees on retail food health-related activities.

(14)  Repealed.


Source: L. 98: (12) added, p. 1334, � 46, effective June 1; entire part R&RE, p.

1250, � 1, effective July 1. L. 2003: (1)(a), (1)(b), and (1)(c) amended, p. 2050, � 1, effective July 1. L. 2009: (1)(a), (1)(b), (1)(c), (1)(e)(II), (2) to (5), (8), (10), and (11) amended and (1)(c.5) added, (SB 09-223), ch. 255, p. 1155, � 7, effective May 15. L. 2016: (1) and (9)(a) amended and (1.5), (13), and (14) added, (HB 16-1401), ch. 367, p. 1543, � 2, effective August 10; IP(1), IP(1.5)(a), (1.5)(a)(VI), IP(1.5)(b), and (1.5)(b)(VI) amended, (SB 16-189), ch. 210, p. 798, � 125, effective August 10. L. 2017: IP(1.5)(b) amended, (SB 17-294), ch. 264, p. 1408, � 86, effective May 25; IP(1), (1)(e)(I), (1.5)(d), and (13)(b) amended, (SB 17-244), ch. 344, p. 1815, � 1, effective August 9. L. 2020, 1st Ex. Sess.: (10) amended, (SB 20B-001), ch. 2, p. 15, � 6, effective December 7. L. 2025: IP(1), (1)(e)(I)(B), (2), (3), (4), (5), and (13) amended, (1)(f) and (1.1) added, and (1.5) and (14) repealed, (SB 25-285), ch. 296, p. 1511, � 2, effective August 6.

Editor's note: (1)  This section is similar to former � 25-4-1607 as it existed

prior to 1998.

(2)  Subsection (12) was enacted as subsection (3) in SB 98-194 and was

renumbered in the 1998 Colorado Revised Statutes for ease of location in the section as repealed and reenacted by SB 98-189.

(3)  Subsection (14), as enacted by HB 16-1401, provides that the fee

increases in subsections (1) and (1.5), as amended in and enacted by HB 16-1401, do not take effect until certain conditions are met and that the executive director of the department of public health and environment shall notify the revisor of statutes in writing when those conditions have been satisfied. The revisor of statutes received the notice specified in subsection (14)(c) on January 29, 2019.

(4)  Subsection (1.5)(b)(VI) provided for the repeal of subsection (1.5)(b)(VI),

effective January 1, 2017. (See L. 2016, p. 1543.)

(5)  Subsection (10)(b)(II) provided for the repeal of subsection (10)(b),

effective December 31, 2022. (See L. 2020, 1st Ex. Sess., p. 15.)

Cross references: For the legislative declaration in SB 20B-001, see section 1

of chapter 2, Session Laws of Colorado 2020, First Extraordinary Session.

C.R.S. § 25-4-1614

25-4-1614. Home kitchens - exemption - food inspection - short title - definitions - rules. (1) This section shall be known and may be cited as the Colorado Cottage Foods Act. The purposes of this section are to allow for the sale and consumption of homemade foods and to encourage the expansion of agricultural sales by farmers' markets, farms, and home-based producers and accessibility of these resources to informed end consumers by:

(a)  Facilitating the purchase and consumption of fresh and local agricultural

products;

(b)  Enhancing the agricultural economy; and


(c)  Providing Colorado citizens with unimpeded access to healthy food from

known sources.

(2) (a)  A producer may use his or her home kitchen or a commercial, private,

or public kitchen to produce foods for sale only if the producer sells the foods directly to informed end consumers.

(b) (I)  A producer is permitted under this section to sell only a limited range

of foods that have been produced, processed, or packaged that are nonpotentially hazardous and do not require refrigeration. These foods include pickled fruits and vegetables, spices, teas, dehydrated produce, nuts, seeds, honey, jams, jellies, preserves, fruit butter, flour, and baked goods, including candies, fruit empanadas, and tortillas, and other nonpotentially hazardous foods.

(II)  A person may sell whole eggs under this section; except that a person

may not sell more than two hundred fifty dozen whole eggs per month under this section. A person selling whole eggs must meet the requirements of section 35-21-105, C.R.S.

(c)  A producer must take a food safety course that includes basic food

handling training and is comparable to, or is a course given by, the Colorado state university extension service or a state, county, or district public health agency, and must maintain a status of good standing in accordance with the course requirements, including attending any additional classes if necessary.

(d)  The foods produced under this section must:


(I)  Be delivered directly from a producer to an informed end consumer;


(II)  Be sold only in Colorado; and


(III)  Not involve interstate commerce.


(e)  This section applies only to producers who earn net revenues of ten

thousand dollars or less per calendar year from the sale of each eligible food product produced in the producer's home kitchen or a commercial, private, or public kitchen.

(3) (a)  A food product sold under this section must have an affixed label that

includes at least:

(I)  Identification of the product;


(II)  The producer's name, the address at which the food was prepared, and

the producer's current telephone number or electronic mail address;

(III)  The date on which the food was produced;


(IV)  A complete list of ingredients; and


(V)  The following disclaimer: This product was produced in a home kitchen

that is not subject to state licensure or inspection and that may also process common food allergens such as tree nuts, peanuts, eggs, soy, wheat, milk, fish, and crustacean shellfish. This product is not intended for resale.

(b)  A food product sold under this section and not labeled in accordance with

paragraph (a) of this subsection (3) is misbranded and is subject to food sampling and inspection pursuant to subsection (4) of this section.

(c)  A producer operating under this section shall conspicuously display a

placard, sign, or card at the point of sale with the following disclaimer: This product was produced in a home kitchen that is not subject to state licensure or inspection. This product is not intended for resale.

(4)  A food product produced pursuant to this section is subject to food

sampling and inspection by the department or a county, district, or regional health agency pursuant to section 25-5-406 if it is determined that the food product is misbranded pursuant to subsection (3) of this section or if a consumer complaint has been received or if the product is suspected in an injury or food-borne illness outbreak.

(5)  A person who purchases a product made by a producer shall not resell

the product.

(6)  A person who sells foods pursuant to this act is encouraged to maintain

home bakery liability insurance or other adequate liability insurance.

(7)  Sections 25-4-1604 to 25-4-1613 do not apply to this section.


(8)  The department or a county, district, or regional health agency may

create a voluntary electronic registry of producers if it determines that a registry would be of value to producers and consumers.

(9)  As used in this section:


(a)  Home means a primary residence occupied by the producer producing

the food under this section.

(a.5)  Homemade means food that is prepared in a private home kitchen, or

a commercial, private, or public kitchen, when the kitchen is not licensed, inspected, or regulated.

(a.7)  Informed end consumer means a person who is the last person to

purchase any product, who does not resell the product, and who has been informed that the product is not licensed, regulated, or inspected.

(b)  Nonpotentially hazardous has the meaning set forth in section 25-4-1602 (12).


(c)  Producer means a person who prepares nonpotentially hazardous foods

in a home kitchen or similar venue for sale directly to consumers pursuant to this section and includes that person's designated representative. A producer may only be:

(I)  An individual who is a resident of Colorado; or


(II)  A limited liability company formed in Colorado, consisting of two or fewer

members, and of which all members are residents of Colorado.

(10)  Repealed.


Source: L. 2012: Entire section added, (SB 12-048), ch. 16, p. 42, � 5, effective

March 15. L. 2013: (2)(b), (2)(c), and (3)(a)(II) amended, (HB 13-1158), ch. 100, p. 319, � 3, effective April 4. L. 2015: (2)(b)(I) and (9)(b) amended and (3)(c) and (10) added, (HB 15-1102), ch. 313, p. 1277, � 1, effective August 5; (2)(e) and (9)(c) amended, (SB 15-085), ch. 150, p. 452, � 1, effective August 5. L. 2016: (1), (2), and IP(9)(c) amended, (9)(a.5) and (9)(a.7) added, and (10) repealed, (SB 16-058), ch. 158, p. 498, � 1, effective May 4.

C.R.S. § 25-5-1603

25-5-1603. Enforcement - deceptive trade practice. A retailer that, in the course of the retailer's business, violates section 25-5-1602 commits a deceptive trade practice under the Colorado Consumer Protection Act, article 1 of title 6.

Source: L. 2025: Entire part added, (HB 25-1161), ch. 438, p. 2525, � 1,

effective August 6.

ARTICLE 5.5

Dairy Products, Imitation Dairy Products,

and Frozen Desserts

Editor's note: Prior to the enactment of this article in 1985, substantive

provisions concerning dairy products and imitation dairy products were found in article 24 of title 35 and substantive provisions concerning frozen desserts were found in article 34 of title 35.

PART 1

DAIRY PRODUCTS

25-5.5-101.  Definitions. As used in this part 1, unless the context otherwise

requires:

(1)  Cheese means the fresh or matured product obtained by the draining,

after coagulation, of milk, cream, skimmed or partly skimmed milk, or a combination of some or all of these products, including any cheese that conforms to the provisions of the definitions and standards of identity for cheese and cheese products, a regulation of the food and drug administration, 21 CFR 133.3.

(2)  Cream means the liquid milk product which is high in fat and separated

from milk and which may have been adjusted by adding milk, concentrated milk, dry whole milk, or nonfat dry milk and which contains not less than eighteen percent milk fat.

(3)  Dairy farm means the place or premises on which one or more lactating

hooved animals are kept and from which a part or all of the milk produced thereon is delivered, sold, or offered for sale to a dairy plant for manufacturing purposes.

(4) (a)  Dairy plant means any place, premises, or establishment where milk

or dairy products are received or handled for processing or manufacturing and where they are prepared for distribution.

(b)  For the purposes of this subsection (4), dairy plant, when used in

connection with the requirements therefor or the licensing thereof, means any establishment that manufactures dairy products; except that any dairy plant that is located in an establishment licensed pursuant to part 16 of article 4 of this title is exempt from the licensing requirements of this article if such establishment sells or serves dairy products exclusively and directly to the final consumer of the product.

(5)  Dairy products means food products manufactured from milk or cream

or from any combination of milk and cream with other food ingredients intended for human consumption, including, but not limited to, butter, natural or processed cheese, dry whole milk, nonfat dry milk, dry buttermilk, dry whey, evaporated whole milk or skim milk, condensed whole milk, condensed skim milk, or ice cream or other frozen desserts specified in part 3 of this article. Dairy products does not include milk or milk products as defined in the grade A pasteurized milk ordinance, 1978 recommendations of the United States public health service, food and drug administration, superintendent of documents number HE 20.4002:M59-3.

(6)  Department means the department of public health and environment or

its authorized representative.

(7)  Goat milk means the lacteal secretion, practically free from colostrum,

which is obtained by the complete milking of healthy goats.

(8)  HTST method means the high temperature short-time method of

pasteurization.

(9)  Manufacturing milk means milk produced for processing and

manufacturing into dairy products for human consumption but not subject to grade A or comparable requirements.

(10)  Milk means the lacteal secretion, practically free from colostrum,

which is obtained by the complete milking of healthy cows, excluding that milk obtained less than eight days before and less than four days after calving or for such longer period as may be necessary to render the milk practically colostrum free, and which contains not less than eight and one-quarter percent nonfat milk solids and not less than three percent milk fat; except that, in those instances where the normal secretion of the cows is less than three percent milk fat, this product shall be accepted as milk for manufacturing purposes.

(11)  Milk sampler means a person licensed by the department who is

qualified and trained to sample or test milk or cream for the purpose of payment and includes a bulk milk hauler that collects milk from dairy farms.

(12)  Official methods means official methods of analysis of the association

of official analytical chemists, 13th edition, 1980, a publication of the association of official analytical chemists, as amended, supplemented, or republished.

(13)  Pasteurization means the process of heating every particle of milk or

milk product in properly designed and operated equipment to one of the temperatures provided in the following table and held continuously at or above that temperature for at least the corresponding specified time.

Temperature                 Time


*145 degrees F ( 63 degrees C)          30 minutes


*161 degrees F ( 72 degrees C)          15 seconds


  191 degrees F ( 89 degrees C)         1 second


  194 degrees F ( 90 degrees C)         0.5 second


  201 degrees F ( 94 degrees C)         0.1 second


  204 degrees F ( 96 degrees C)         0.05 second


  212 degrees F (100 degrees C)         0.01 second


*If the fat content of the milk product is ten percent or more or if it contains

added sweeteners, the specified temperature shall be increased by five degrees Fahrenheit (three degrees Celsius).

(14)  Pasteurized means treated pursuant to the pasteurization process

specified in subsection (13) of this section.

(15)  Person means any individual, firm, association, corporation, or

partnership doing business in this state, in whole or in part, and any officer, agent, servant, and employee thereof.

(16)  Producer means the person who exercises control over the production

of the milk delivered to a processing plant or receiving station and who receives payment for this product.

(17)  To sanitize means to treat a clean surface with any effective method or

substance acceptable to the department for the destruction of pathogens and other organisms as far as is practical without adversely affecting the equipment, the milk or milk product, or the health of consumers.

(18)  Standard methods means the standard methods for the examination of

dairy products, 13th edition, 1972, a publication of the American public health association, as amended, supplemented, or republished.

(19)  Test means the process of determining the milkfat content of milk and

milk products for the purpose of buying or selling milk or milk products. All tests shall be conducted and samples shall be collected in accordance with the standard methods specified in subsection (18) of this section or any other method approved by the department.

(20)  Transfer or receiving station means any place, premises, or

establishment where milk or milk products are transferred directly from one milk tank truck to another or where raw milk is received, collected, handled, stored, or cooled and prepared for further transporting. The term transfer or receiving station shall not include a dairy farm.

Source: L. 85: Entire article added, p. 887, � 1, effective April 5. L. 90: (4)(b)

amended, p. 1319, � 1, effective July 1. L. 94: (6) amended, p. 2779, � 490, effective July 1. L. 2009: (3) and (4)(b) amended and (20) added, (HB 09-1320), ch. 350, p. 1830, � 1, effective June 30.

Cross references: For the legislative declaration contained in the 1994 act

amending subsection (6), see section 1 of chapter 345, Session Laws of Colorado 1994.

25-5.5-102.  Butter defined - standards. (1) (a)  Butter is a food product

which is made exclusively from milk, from cream, or from both milk and cream, with or without common salt and with or without additional coloring matter, and which contains not less than eighty percent by weight of milk fat, with all tolerances having been allowed for.

(b)  Cream for butter-making shall be pasteurized at a temperature of not

less than one hundred sixty-five degrees Fahrenheit and held continuously in a vat at such temperature for not less than thirty minutes or pasteurized by the HTST method at a minimum temperature of not less than one hundred eighty-five degrees Fahrenheit for not less than fifteen seconds or pasteurized by any other equivalent temperature and holding time which will assure adequate pasteurization.

(c)  Whipped butter is butter that has been stirred or whipped to incorporate

air or inert gas until its volume has been increased up to a range of fifty percent to one hundred percent.

(2)  The standards for butter are as follows: The proteolytic count of not more

than one hundred per gram, the yeast and mold count of not more than twenty per gram, and the coliform count of not more than ten per gram.

Source: L. 85: Entire article added, p. 889, � 1, effective April 5. L. 2002: (1)(c)

amended, p. 18, � 2, effective August 7.

25-5.5-103.  Powers and duties. (1)  The department shall cause to be

enforced the provisions of this part 1 and all other state laws and regulations regarding the production, manufacture, and sale of dairy products. The department shall inspect or cause to be inspected any milk, butter, or cheese or any other dairy product which it suspects or has reason to believe is unsanitary, adulterated, or counterfeit and shall inspect or cause to be inspected any cow, building, dairy farm, dairy plant, vehicle, or premises used for the production, manufacture, sale, or transportation of any dairy product when it suspects or has reason to believe that such product is unsanitary, adulterated, or counterfeit. Unsanitary or adulterated dairy products shall be subject to condemnation by the department and, when condemned, must be so treated that it cannot be manufactured or renovated for human food.

(2)  For the purpose of enforcing this part 1, the department shall have free

access to any barn or stable where any cow is kept or milked or to any factory, building, dairy farm, dairy plant, premises, or place in which it has reason to believe that any dairy product or counterfeit dairy product is manufactured, handled, prepared, sold, or offered for sale and may enforce such measures as may be necessary to secure perfect cleanliness in and around the same, and of any utensil used therein, and to prevent the sale of any unsanitary, adulterated, or counterfeit dairy product.

(3)  For the purpose of enforcing this part 1, the department may open any

package or receptacle of any kind which contains, or which is supposed to contain, any dairy product or counterfeit dairy product and examine or analyze the contents thereof. Any such article or sample thereof may be seized or taken for the purpose of having it analyzed; but, if the person from whom it is taken so requests at the time of taking, the officer shall then, and in the presence of that person, securely seal two samples of such article, one of which shall be for analysis under the direction of the department and the other for delivery to the person from whom the sample or article was obtained.

Source: L. 85: Entire article added, p. 890, � 1, effective April 5.


25-5.5-104.  Unsanitary dairy products. (1)  The following types of dairy

products are declared to be unsanitary: Milk drawn within eight days before or four days after calving; milk drawn from cows that are kept in barns or stables which are not reasonably well-lighted and well-ventilated or that are kept in barns or stables that are filthy from an accumulation of animal feces and excreta or from any other cause; milk which is drawn from cows which are themselves filthy or in an unhealthy condition; milk kept or transported in dirty, rusty, or open seamed cans, tanks, or other containers; cream produced from any such milk, or milk, cream, butter, or any other dairy product that is stale or putrid, or milk, cream, butter, or any other dairy product which has been exposed to foul or noxious air or gases in barns occupied by animals or drawn or kept exposed in dirty, foul, or unclean places or under unclean conditions or where transmissible human disease exists; cream containing less than sixteen percent butterfat; cream produced by the use of a cream separator, which separator has not been thoroughly washed, cleansed, and sanitized after previous use in the separation of cream from milk; cream produced by the use of a separator placed or stationed in any unclean or filthy room or place or in any building containing a stable wherein cattle or other animals are kept, unless said cream separator is so separated and shielded by partition from the stable portion of such building as to be free from all foul or noxious air or gases which issue or may issue from such place or stable; cream which when delivered at the point of shipment is more than three days old during the months of May to October inclusive or more than four days old during the months of November to April inclusive; milk or cream to which has been added, in any quantity, any foreign substance or coloring matter, chemical or preservative, or butter or butterfat, whether for the purpose of increasing the quantity of milk or for preserving the condition of sweetness thereof or for any purpose whatever.

(2)  Nothing in this part 1 shall be construed to prohibit the sale of

homogenized cream made from butter and milk, if such product is labeled or stamped as imitation cream according to the requirements of the department, or the sale of standardized milk which otherwise meets with the requirements of this part 1.

(3)  No person shall sell or offer for sale, or furnish or deliver or have in his

possession or under his control with intent to sell or offer for sale, or furnish or deliver to any other person as food for man or to any creamery, cheese factory, milk-condensing factory, or milk or cream dealer any unsanitary milk, cream, or butter or any adulterated dairy product.

(4)  No person shall manufacture for sale any article of food for man from any

unsanitary milk or from any unsanitary cream.

Source: L. 85: Entire article added, p. 890, � 1, effective April 5.


25-5.5-105.  Unsanitary utensils, equipment, and premises - prohibited. It is

unlawful for any person using such premises, equipment, or utensils, or causing them to be used, to maintain them in an unsanitary condition.

Source: L. 85: Entire article added, p. 891, � 1, effective April 5.


25-5.5-106.  Containers of dairy products - prompt delivery - removal of

products. Any person who receives in cans, tanks, or other containers any milk, cream, or other dairy products intended as food for man which has been transported by any private or common carrier, when such cans, tanks, or containers are to be returned, shall cause the said cans, tanks, or other containers to be thoroughly washed, cleansed, and sanitized before return shipment. It is unlawful for any common or private carrier to neglect or fail to remove or ship from any transportation facility, on the day of its arrival there for shipment, any milk, cream, or other dairy products left at such facility for transportation unless a refrigerated facility is provided for holding such products. It is unlawful for any person, firm, or corporation using cans, tanks, or other containers in which milk or cream is shipped to allow the same to remain at a transportation facility longer than one day from the date of their arrival unless such product is maintained in a refrigerated facility at a temperature not exceeding forty-five degrees Fahrenheit.

Source: L. 85: Entire article added, p. 891, � 1, effective April 5.


25-5.5-107.  Testing and sampling of dairy products - unlawful acts -

licensing - dairy protection cash fund - created. (1) It is unlawful for any person engaged in buying, selling, testing, or handling, or engaged in determining the value of, milk, cream, or any other dairy product by the use of an approved test to give, by himself or his agent, any false reading of the test, or to manipulate the test in any way so as to give a higher or lower percent of butterfat than the milk, cream, or other dairy product actually contains, or to cause any inaccuracy in reading the percent of butterfat by securing from any quantity of the milk, cream, or other dairy product to be tested an inaccurate sample for the test. It is unlawful for any person to use any test tube, bottle, pipette, or instrument in connection with such test which is not perfectly clean; and any such unclean glassware is declared to be inaccurate.

(2)  It is unlawful for any person to sample or test milk, cream, or any other

dairy product to determine the value of such product when bought and sold or to instruct another person for such purpose without first having a license granted by the department, which license shall be conspicuously displayed in the person's place of business. Licenses shall be granted to those persons who have completed a course in milk and cream testing at any recognized college or dairy school or to those persons who have passed a satisfactory examination under the direction of the department. The license shall be subject to cancellation by the department at any time if it finds that the person holding the license is incompetent or guilty of violating this part 1.

(3)  Every person engaged in receiving, buying, selling, or otherwise handling

milk or cream for sale, shipment, manufacture, or distribution, except public transportation companies, is required to hold a license to be known as a dairy plant license for the operation of each receiving station, skimming station, concentrating station, milk plant condensary, creamery, cheese factory, ice-cream factory, or other dairy plant being so operated.

(4) (a) (I)  A temporary permit to operate the following dairy plants may be

issued by the department upon application and upon the payment of a yearly license fee in the amount specified in subparagraph (II) of this paragraph (a) for each condensary, cheese factory, ice-cream factory, or other place of business where dairy products are manufactured or put in containers for sale or distribution.

(II)  Except for a transfer or receiving station, which shall be charged the fee

set forth in subsection (4)(a)(II)(A) of this section, the fee for a license issued under this subsection (4) shall be determined and paid according to the annual average daily amount of milk received for manufacturing by the dairy plant, as follows:

Annual average daily Fee

amount of milk received

(A)  Under 1,000 pounds             $    390


(B)  1,000 to 19,999 pounds         $    780


(C)  20,000 to 449,999 pounds           $1,300


(D)  450,000 or more pounds         $2,080


(III)  Subject to the limitation in subsection (4)(a)(IV) of this section and in

addition to the fee required in subsection (4)(a)(II) of this section, a dairy plant that receives more than twenty thousand pounds of milk per day shall pay one cent for each one hundred pounds or fraction thereof of milk received.

(IV)  If the total amount of fees required in subsections (4)(a)(II) and (4)(a)(III)

of this section would require a dairy plant to pay more than one hundred fifty thousand dollars in a year, the department shall reduce the volume of production fee in subsection (4)(a)(III) of this section until the total amount the dairy plant is required to pay under subsections (4)(a)(II) and (4)(a)(III) of this section is one hundred fifty thousand dollars.

(b)  A temporary permit is valid until an inspection has been made by an agent

of the department; whereupon, if the applicant has complied with the requirements of the dairy laws, the department shall issue a license for a period of one year from the July 1 next preceding the actual date of issue.

(5)  The department has the power to issue necessary regulations for the

government of licensed dairy plants and licensed milk samplers covering such points as disposal of sewage, location with regard to living rooms and other possible sources of contamination, and other points not specifically mentioned in the dairy laws.

(6)  These regulations shall have the force and effect of law, and the

department has the power to cancel a license for a period not exceeding ninety days when it finds that the holder thereof has violated the law or regulations. Suit may be brought against the state to establish the reasonableness of a regulation, and, if the decision affirms the reasonableness of the regulation, it shall be enforced.

(7)  All moneys collected by the department for the license fees provided for

in this section shall be transmitted to the state treasurer, who shall credit the same to the dairy protection cash fund, referred to in this subsection (7) as the fund,which is hereby created in the state treasury. The general assembly shall annually appropriate the moneys in the fund to the department for the payment of expenses necessary to administer this section. Any unexpended and unencumbered moneys remaining in the fund at the end of any fiscal year shall not revert to the general fund or any other fund.

Source: L. 85: Entire article added, p. 892, � 1, effective April 5. L. 2009: (2),

(4)(a), and (7) amended, (HB 09-1320), ch. 350, p. 1831, � 2, effective June 30. L. 2023: (2) and (4)(a)(II) amended and (4)(a)(III) and (4)(a)(IV) added, (SB 23-240), ch. 109, p. 391, � 1, effective July 1.

25-5.5-108.  Condensed milk and cream. (1)  No person shall manufacture

for sale within this state or offer or expose for sale or have in his possession with intent to sell or exchange any sweetened condensed milk, unless the same contains not less than twenty-eight percent by weight of milk solids and not less than seven and five-tenths percent butterfat, or any unsweetened condensed milk, unless the same contains not less than seven and five-tenths percent butterfat. Nothing in this part 1 shall be construed to prohibit the handling, manufacture, or sale of bulk condensed or evaporated skim milk when properly tagged and labeled in accordance with rulings of the department.

(2)  No person shall manufacture for sale within this state or offer or expose

for sale, have in his possession with intent to sell, or sell or exchange for evaporated or condensed cream any substance except the product obtained by the evaporation of a portion of water from cream containing not less than eighteen percent by weight of butterfat. Nothing in this part 1 shall apply to goods manufactured within this state for sale and shipment outside of the state.

Source: L. 85: Entire article added, p. 893, � 1, effective April 5.


25-5.5-109.  Brands and marks - defacement. (1)  Any person engaged in the

transportation or manufacture of any dairy product or ice cream or in bottling milk and cream for sale and use may adopt a brand or mark of ownership to be stamped or marked on any can, bottle, or other receptacle used in the handling and transportation of any of said products and may file in the office of the secretary of state a description of the brand or mark so used by them and the use to be made of any such can, bottle, or other receptacle. The brand or mark so selected and adopted may consist of a name, design, or mark or some particular color of paint or enamel used upon the can, bottle, or other receptacle or any part thereof.

(2)  It is unlawful for any person to adopt or use any brand or mark which has

already been designed, appropriated, or obtained under the provisions of this section. It is unlawful for any person, other than the rightful owner thereof, to use any can, bottle, or other receptacle marked or branded for any purpose or for the transportation or handling of any other article or dairy product than the one designed or provided for by such brand or mark. It is unlawful for any person, other than the rightful owner thereof, to deface or remove any such brand or mark put upon any such can, bottle, or other receptacle.

(3)  To prevent the use of said cans, bottles, or other receptacles for any

purpose other than those provided for in this part 1 and to ensure the wholesomeness and high quality of the dairy products and the sanitary conditions of the receptacles in which the same are transported, it is the duty of the department to enforce the provisions of this section.

Source: L. 85: Entire article added, p. 893, � 1, effective April 5.


25-5.5-110.  Milk, cream, and cheese - standards. (1)  Whole milk sold or

offered for retail sale shall contain not less than three and one-fourth percent butterfat. Cream for the same use shall contain not less than eighteen percent butterfat.

(2)  Full cream cheese shall contain not less than fifty percent butterfat in

comparison with the total solids. Cheese containing less than the said amount of fat shall be branded skim cheese or part skim cheese, as the case may be.

Source: L. 85: Entire article added, p. 893, � 1, effective April 5.


25-5.5-111.  Treated milk to be labeled. It is unlawful for any milk or cream

to be sold or offered for sale which has been homogenized, viscolized, emulsified, or treated in any manner which will give it the appearance of containing more butterfat than it actually contains, unless it is so labeled as such.

Source: L. 85: Entire article added, p. 894, � 1, effective April 5.


25-5.5-112.  Weight ticket to be furnished. An itemized daily weight ticket

covering every shipment of milk or cream shall be furnished with each settlement to the producer or his agent.

Source: L. 85: Entire article added, p. 894, � 1, effective April 5.


25-5.5-113.  Sample taken upon arrival. At any plant where a bacterial test

is used as a basis of price-fixing, the sample for such test shall be taken at the dairy farm or immediately upon arrival of the milk at the receiving plant.

Source: L. 85: Entire article added, p. 894, � 1, effective April 5.


25-5.5-114.  Interference with officer - penalty. Any person who refuses to

allow the inspections provided for in this part 1 or in any way hinders or obstructs the proper officers from performing their duties under this part 1 commits a petty offense.

Source: L. 85: Entire article added, p. 894, � 1, effective April 5. L. 2021:

Entire section amended, (SB 21-271), ch. 462, p. 3237, � 461, effective March 1, 2022.

Cross references: For the penalty for a petty offense, see � 18-1.3-503.


25-5.5-115.  Analyses prima facie evidence. Reports of analyses and tests

signed by the department shall be accepted in all courts and places as prima facie evidence of the properties, constituency, or condition of the article analyzed.

Source: L. 85: Entire article added, p. 894, � 1, effective April 5.


25-5.5-116.  Penalty. Any person or any agent or servant thereof who

violates any of the provisions of this part 1, if the punishment for the violation is not elsewhere prescribed in this part 1, commits a petty offense.

Source: L. 85: Entire article added, p. 894, � 1, effective April 5. L. 2021:

Entire section amended, (SB 21-271), ch. 462, p. 3237, � 462, effective March 1, 2022.

Cross references: For the penalty for a petty offense, see � 18-1.3-503.


25-5.5-117.  Raw milk. (1)  The acquisition of raw milk from cows or goats by

a consumer for use or consumption by the consumer shall not constitute the sale of raw milk and shall not be prohibited if all of the following conditions are met:

(a)  The owner of a cow, goat, cow shares, or goat shares shall receive raw

milk directly from the farm or dairy where the cow, goat, or dairy herd is located and the farm or dairy is registered pursuant to subsection (2) of this section. A person who is the owner of a cow share or goat share in a cow, goat, or dairy herd may receive raw milk on behalf of another owner of the same cow, goat, or dairy herd. A person who is not an owner of a cow share or goat share in the same cow, goat, or dairy herd shall not receive raw milk on behalf of the owner of a cow share or goat share.

(b)  The milk is obtained pursuant to a cow share or a goat share. A cow share

or a goat share is an undivided interest in a cow, goat, or herd of cows or goats, created by a written contractual relationship between a consumer and a farmer that includes a legal bill of sale to the consumer for an interest in the cow, goat, or dairy herd and a boarding contract under which the consumer boards the cow, goat, or dairy herd in which the consumer has an interest with the farmer for care and milking, and under which the consumer is entitled to receive a share of milk from the cow, goat, or dairy herd.

(c)  A prominent warning statement that the milk is not pasteurized is

delivered to the consumer with the milk or is displayed on a label affixed to the milk container; and

(d)  Information describing the standards used by the farm or dairy with

respect to herd health, and in the production of milk from the herd, is provided to the consumer by the farmer together with results of tests performed on the cows or goats that produced the milk, tests performed on the milk, and an explanation of the tests and test results.

(2)  Registration of a farm or dairy as required by paragraph (a) of subsection

(1) of this section shall be accomplished by delivering to the Colorado department of public health and environment a written statement containing:

(a)  The name of the farmer, farm, or dairy;


(b)  A valid, current address of the farmer, farm, or dairy; and


(c)  A statement that raw milk is being produced at the farm or dairy.


(3)  Retail sales of raw, unpasteurized milk shall not be allowed. Resale of

raw milk obtained from a cow share or goat share is strictly prohibited. Raw milk that is not intended for pasteurization shall not be sold to, or offered for sale at, farmers' markets, educational institutions, health-care facilities, nursing homes, governmental organizations, or any food establishment.

(4)  No person who, as a consumer, obtains raw milk in accordance with this

section shall be entitled to sell or redistribute the milk.

(5)  No producer of raw milk shall publish any statement that implies

approval or endorsement by the Colorado department of public health and environment.

Source: L. 2005: Entire section added, p. 365, � 1, effective April 22.

PART 2

IMITATION DAIRY PRODUCTS

25-5.5-201.  Short title. This part 2 shall be known and may be cited as the

Colorado Imitation Dairy Products Act.

Source: L. 85: Entire article added, p. 894, � 1, effective April 5.


25-5.5-202.  Purpose. (1)  The purpose of this part 2 is to prevent fraud in

sales and to protect the public health by informing the public of the ingredients making up imitation dairy products.

(2)  Even though imitation dairy products are manufactured and sold on the

basis of reduced costs to the consumer and certain nutritional advantages of some or all of the ingredients, they should be sampled and inspected on the same basis as the product imitated for sanitary quality and composition.

Source: L. 85: Entire article added, p. 894, � 1, effective April 5.


25-5.5-203.  Definitions. As used in this part 2, unless the context otherwise

requires:

(1)  Department means the department of public health and environment or

its authorized representative.

(2) (a)  Imitation dairy product means any milk, cream, skimmed milk, or any

combination thereof, whether or not condensed, evaporated, concentrated, frozen, powdered, dried, or desiccated, or any food product made or manufactured therefrom to which is added, or which is blended or compounded with, any fat or oil other than milk fat so that the resulting product is in imitation or semblance of any dairy product, including but not limited to milk, cream, sour cream, butter cream, skimmed milk, ice cream, whipped or whipping cream, flavored milk or skim milk drink, dried or powdered milk, cheese, cream cheese, cottage cheese, creamed cottage cheese, ice-cream mix, sherbet or other frozen desserts, condensed milk, evaporated milk, or concentrated milk. Imitation dairy product also means any food product that does not contain milk or dairy products but which is made in imitation or semblance of any milk or dairy product defined in part 1 of this article and, on the basis of its appearance, flavor, and texture, closely resembles such product.

(b)  Imitation dairy product does not mean or include:


(I)  Any distinctive proprietary food compound not readily mistaken for a dairy

product, if such product is customarily used on the order or prescription of a physician, is prepared or designed for medicinal or special dietary use, and is prominently so labeled;

(II)  Any dairy product which is flavored with chocolate or cocoa, or the

vitamin content of which has been increased, or which is both so flavored and which contains such increased vitamin content, if the fats or oils other than milk fat contained in such product do not exceed the amount of cacao fat naturally present in the chocolate or cocoa used and the food oil, in no event in excess of one-hundredth of one percent of the weight of the finished product, is used as a carrier of such vitamins; or

(III)  Oleomargarine.


(3)  Person includes an individual, firm, partnership, association, trust,

estate, and corporation, any other business unit, device, arrangement, or organization, and any officer, agent, servant, and employee thereof.

Source: L. 85: Entire article added, p. 895, � 1, effective April 5. L. 94: (1)

amended, p. 2780, � 491, effective July 1.

Cross references: For the legislative declaration contained in the 1994 act

amending subsection (1), see section 1 of chapter 345, Session Laws of Colorado 1994.

25-5.5-204.  Imitation dairy products - labeling. (1)  It is unlawful for a

person to manufacture, sell, or exchange, to offer for sale or exchange, or to transport or possess any imitation dairy product unless the imitation dairy product is properly labeled, branded, or otherwise marked for identification. The department is authorized to evaluate and rule upon compliance with this requirement.

(2)  Ingredients shall be listed by the common or usual name in the order of

descending predominance. The declaration shall be presented on any appropriate information panel in adequate type size without obscuring design or vignettes and without crowding. The entire ingredient statement shall appear on a single panel of the label.

Source: L. 85: Entire article added, p. 895, � 1, effective April 5.


25-5.5-205.  Enforcement and power - rules. (1)  The department is

authorized to administer and supervise the enforcement of this part 2. To this end, the department shall:

(a)  Provide for and have complete power to make such periodic inspections

and investigations as may be deemed necessary to disclose violations of this part 2;

(b)  Receive and provide for the investigation of complaints of violations of

this part 2;

(c)  To carry out the terms and provisions of this part 2, have the power to

promulgate rules and regulations for the enforcement of this part 2, not inconsistent with or violative of the terms and provisions thereof, and to publish the same.

Source: L. 85: Entire article added, p. 896, � 1, effective April 5.


Cross references: For rule-making procedures, see article 4 of title 24.


25-5.5-206.  Enforcement by injunction. The provisions of this part 2 may be

enforced by injunction in any court having jurisdiction to grant injunctive relief at the suit and upon the petition of the department or any other person, and it shall not be requisite in such action for an injunction that the plaintiff plead, prove, or show pecuniary loss, damage, or injury or personal damage or injury.

Source: L. 85: Entire article added, p. 896, � 1, effective April 5.


25-5.5-207.  Subpoena of defendant. Any defendant, in an action brought

under the provisions of section 25-5.5-205, may be required to testify under a subpoena duly issued or in pursuance of the Colorado rules of civil procedure; and the books and records of any such defendant may be brought into court and introduced into evidence; but no information so obtained may be used against the defendant as the basis for a misdemeanor prosecution under the provisions of this part 2.

Source: L. 85: Entire article added, p. 896, � 1, effective April 5.


Cross references: For the procedure concerning subpoenas, see C.R.C.P. 45.


25-5.5-208.  Seizure of products. Imitation dairy products illegally held or

otherwise involved in a violation of this part 2 shall be subject to seizure and disposition in accordance with an appropriate order of court.

Source: L. 85: Entire article added, p. 896, � 1, effective April 5.


25-5.5-209.  Penalty. Any person who violates any of the provisions of this

part 2 or who directs or knowingly permits such violation or aids or assists therein commits a petty offense.

Source: L. 85: Entire article added, p. 896, � 1, effective April 5. L. 2021:

Entire section amended, (SB 21-271), ch. 462, p. 3237, � 463, effective March 1, 2022.

Cross references: For the penalty for a petty offense, see � 18-1.3-503.

PART 3

FROZEN DESSERTS

25-5.5-301.  Short title. This part 3 shall be known and may be cited as the

Colorado Frozen Desserts Act.

Source: L. 85: Entire article added, p. 896, � 1, effective April 5.


25-5.5-302.  Definitions. As used in this part 3, unless the context otherwise

requires:

(1)  Confectionery means candy, cakes, cookies, and glazed fruit.


(2)  Department means the department of public health and environment or

its authorized representative.

(3)  Mix means the pasteurized unfrozen combination of all ingredients of a

frozen dairy dessert with or without fruits, fruit juices, chocolate, cocoa, confectionery, nut meats, flavor, or harmless color.

Source: L. 85: Entire article added, p. 896, � 1, effective April 5. L. 94: (2)

amended, p. 2780, � 492, effective July 1.

Cross references: For the legislative declaration contained in the 1994 act

amending subsection (2), see section 1 of chapter 345, Session Laws of Colorado 1994.

25-5.5-303.  Ice cream - standards. (1)  Ice cream is a food which is prepared

by freezing or partially freezing, while stirring, a pasteurized mix composed of one or more of the optional dairy ingredients specified in subsection (2) of this section, which is sweetened with one or more of the optional sweetening ingredients specified in subsection (3) of this section, and which is flavored with one or more of the optional flavoring ingredients specified in subsection (4) of this section. One or more of the optional egg ingredients specified in subsection (5) of this section, one or more of the optional stabilizing ingredients specified in subsection (6) of this section, and one or more of the optional pH adjusting and protein stabilizing ingredients specified in subsection (7) of this section may be used, subject to the conditions set forth in subsections (5), (6), and (7) of this section. Harmless coloring may be added. The mix may be seasoned with salt and may be homogenized. Water may be added. The kind and quantity of optional dairy ingredients used and the content of milk fat and total milk solids shall be such that the weights of milk fat and total milk solids are not less than ten percent and twenty percent respectively of the weight of the finished ice cream; but, when one or more of the optional flavoring ingredients specified in paragraphs (d) to (k) of subsection (4) of this section are used, then the weights of milk fat and total milk solids shall not be less than ten percent and twenty percent respectively, except for such reduction in milk fat and in total milk solids as is due to the addition of one or more of the optional ingredients specified in paragraphs (d) to (k) of subsection (4) of this section, but in no case shall it contain less than eight percent of milk fat nor less than eighteen percent of total milk solids. Ice cream shall contain not less than one and six-tenths pounds of total food solids per gallon and shall weigh not less than four and one-half pounds per gallon.

(2)  The optional dairy ingredients referred to in subsection (1) of this section

are cream, dried cream, butter, butter oil, concentrated milk fat, milk, concentrated milk, evaporated milk, sweetened condensed milk, superheated condensed milk, dried milk, skim milk, concentrated (evaporated or condensed) skim milk, superheated condensed skim milk, sweetened condensed skim milk, sweetened condensed partly skimmed milk, nonfat dry milk solids, liquid or condensed or dried sweet cream buttermilk, or dried whey solids or any of such products from which all or a portion of the lactose has been removed by crystallization or the lactose has been converted to simple sugars by hydrolysis if such products are approved as suitable optional dairy ingredients by the department. Citric acid, ascorbic acid, lecithin, tocopherols, or other harmless optional ingredients, which are approved by the department for the purpose of preventing fat oxidation in any of such optional dairy ingredients, may be added in amounts not to exceed five-thousandths of one percent of the weight of the butterfat present in such dairy ingredients.

(3)  The optional sweetening ingredients referred to in subsection (1) of this

section are sugar (sucrose), sugar syrup, dextrose, invert sugar (paste or syrup), lactose, corn sugar, dried or liquid corn syrup, glucose syrup, maple syrup, maple sugar, honey, brown sugar, maltose syrup, malt syrup, dried malt syrup, dried maltose syrup, malt extracts in liquid or dried form, refiners' syrup, and molasses other than blackstrap.

(4)  The optional flavoring ingredients referred to in subsection (1) of this

section are:

(a)  Harmless natural food flavoring, including, but not limited to, ground

spice, ground vanilla beans, and infusion of coffee or tea;

(b)  Harmless artificial food flavoring;


(c)  Fruit juice, which may be fresh, frozen, canned, concentrated, or dried and

which may be sweetened and thickened with one or more of the optional stabilizing ingredients specified in subsection (6) of this section;

(d)  Chocolate;


(e)  Cocoa;


(f)  Fruit, including cocoanut, which may be fresh, frozen, canned,

concentrated, shredded, pureed, comminuted, or dried and which may be sweetened, thickened with stabilizer, and acidulated with citric, tartaric, malic, lactic, or ascorbic acid;

(g)  Nut meats;


(h)  Confectionery;


(i)  Malted milk;


(j)  Properly prepared and cooked cereal;


(k)  Any distilled alcoholic beverage, including a liqueur, or any wine or any

mixture of two or more thereof.

(5)  The optional egg ingredients referred to in subsection (1) of this section

are liquid eggs, frozen eggs, dried eggs, egg yolks, frozen yolks, and dried yolks; but the total weight of egg yolk solids in any of such ingredients used singly or used in any combination of two or more of such ingredients shall be less than the minimum prescribed in section 25-5.5-304 for French ice cream.

(6)  The optional stabilizing ingredients specified in subsection (1) of this

section are gelatin, algin, sodium carboxymethycellulose, extract of Irish moss, psyllium seed husk, agar-agar, gum acacia, gum karaya, locust bean gum, gum tragacanth, oat gum, guar seed gum, calcium sulfate, monoglycerides or diglycerides or both of fat forming fatty acids except lauric acid, or other harmless stabilizers or emulsifiers (surface active agents) approved by the department; but the total weight of the active material contained in the solids of any of such ingredients used singly or used in any combination of two or more of such ingredients shall not be more than one-half of one percent of the weight of the finished ice cream.

(7) (a)  The following optional harmless ingredients or combinations thereof

may be added to control viscosity, adjust protein stability, and adjust the pH of the combined mix ingredients:

(I)  Neutralizers which are approved by the department;


(II)  Sodium citrate;


(III)  Sodium phosphates.


(b)  The total of ingredients included in subparagraph (I) of paragraph (a) of

this subsection (7) shall not exceed one-tenth of one percent by weight of the finished mix; nor shall the weight of ingredients included in subparagraphs (II) and (III) of paragraph (a) of this subsection (7) exceed two-tenths of one percent by weight of the finished mix.

(8)  It is further provided that the percentage of developed lactic acid in the

mix prior to the addition of the optional ingredients listed in subsections (6) and (7) of this section shall not exceed three-thousandths of one percent by weight for each one percent of milk-solids-non-fat present in the mix.

Source: L. 85: Entire article added, p. 897, � 1, effective April 5.


25-5.5-304.  French ice cream and custards - standards. French ice cream,

frozen custard, and French custard ice cream shall conform to the definition and standard of identity prescribed for ice cream by section 25-5.5-303 if one or more of the optional egg ingredients permitted by section 25-5.5-303 are used in such quantity that the total weight of egg yolk solids therein is not less than one and four-tenths percent of the weight of the finished French ice cream, except when any of the optional flavoring ingredients specified in section 25-5.5-303 (4)(d) to (4)(k) is used, in which case the weight of egg yolk solids shall not be less than one and twelve-hundredths percent of the weight of the finished French ice cream.

Source: L. 85: Entire article added, p. 899, � 1, effective April 5.


25-5.5-305.  Ice milk - standards. Ice milk shall conform in all respects to

the definition and standard of identity for ice cream prescribed in section 25-5.5-303; except that it shall contain not less than two percent nor more than seven percent of milk fat, not less than eleven percent of total milk solids, and not less than one and three-tenths pounds of food solids per gallon. When ice milk is packaged in containers of greater than one-half gallon capacity, it shall not contain color or any of the optional flavoring ingredients specified in section 25-5.5-303 (4).

Source: L. 85: Entire article added, p. 899, � 1, effective April 5.


25-5.5-305.5.  Low-fat frozen dairy dessert - standards. Low-fat frozen

dairy dessert shall conform in all respects to the definition and standard of identity for ice cream prescribed in section 25-5.5-303; except that it shall contain not less than one and five-tenths percent nor more than one and nine-tenths percent of milk fat and not less than twelve percent total milk-solids-non-fat and except that it shall contain not less than one and three-tenths pounds of food solids per gallon.

Source: L. 86: Entire section added, p. 979, � 1, effective April 5.


25-5.5-306.  Sherbet - standards. Sherbet is the food prepared by freezing

or partially freezing, while stirring, a pasteurized mix composed of one or a combination of the optional dairy ingredients specified in section 25-5.5-303 (2), one or more of the optional sweetening ingredients specified in section 25-5.5-303 (3), fruit, fruit juice, or flavoring as provided in this section. It may contain one or more of the optional stabilizing ingredients specified in section 25-5.5-303 (6) or pectin if the weight of such stabilizer is not more than one-half of one percent of the weight of the finished sherbet. The kind and quantity of optional dairy ingredients used is such that the total milk solids content is not more than five percent by weight of the finished sherbet and the milk fat content is not more than two percent nor less than one percent by weight of the finished sherbet. It shall contain fruit or fruit juice, as described in section 25-5.5-303 (4)(c) and (4)(f), and may contain natural food flavoring. It may contain citric, tartaric, malic, lactic, or ascorbic acid. The acidity of the finished sherbet shall be not less than thirty-five hundredths of one percent of acid as determined by titrating with standard alkali and expressed as lactic acid. It may contain the optional egg ingredients specified in section 25-5.5-303 (5) in amounts not to exceed one-half of one percent of the weight of the finished sherbet. Harmless coloring may be added. The mix may be seasoned with salt and may be homogenized. It shall weigh not less than six pounds per gallon.

Source: L. 85: Entire article added, p. 899, � 1, effective April 5.


25-5.5-307.  Water ice - standards. Water ice conforms in all respects to the

definition and standard of identity for sherbet prescribed in section 25-5.5-306; except that the mix need not be pasteurized and, since it does not contain any of the optional dairy ingre

C.R.S. § 25-5-502

25-5-502. Definitions. As used in this part 5, unless the context otherwise requires:

(1)  Banned hazardous substance means:


(a) (I)  Any toy, or other article intended for use by children, which is a

hazardous substance, or which bears or contains a hazardous substance in such manner as to be susceptible of access by a child to whom such toy or other article is entrusted.

(II)  The department shall exempt by regulation articles, such as chemical

sets, which by reason of their functional purpose require the inclusion of the hazardous substance involved or necessarily present an electrical, mechanical, or thermal hazard, and which bear labeling giving adequate directions and warnings for safe use and are intended for use by children who have attained sufficient maturity, and may reasonably be expected, to read and heed such directions and warnings. Proceedings for the issuance, amendment, or repeal of exemption regulations shall be governed by the provisions of section 25-5-508.

(b)  Any hazardous substance intended, or packaged in a form suitable, for

use in the household which the department by regulation classifies as a banned hazardous substance on the basis of a finding that, notwithstanding such cautionary labeling as is or may be required under this article for that substance, the degree or nature of the hazard involved in the presence or use of such substance in households is such that the objective of the protection of the public health and safety can be adequately served only by keeping such substance, when so intended or packaged, out of the channels of commerce.

(2)  Combustible means any substance which has a flash point above eighty

degrees Fahrenheit to and including one hundred and fifty degrees, as determined by the Tagliabue open cup tester. This definition shall not apply to the flammability or combustibility of solids and of the contents of self-pressurized containers which shall be determined by methods generally applicable to such materials or containers and established by regulations issued by the department.

(3)  Commerce means any and all commerce within the state of Colorado,

and subject to the jurisdiction thereof, and includes the operation of any business or service establishment.

(4)  Corrosive substance means any substance which, in contact with living

tissue, will cause destruction of tissue by chemical action but shall not refer to action on inanimate surfaces.

(5)  Department means the department of public health and environment.


(6)  Electrical hazard means an article, the design or manufacture of which,

in normal use or when subjected to reasonably foreseeable damage or abuse, may cause personal injury or illness by electric shock.

(7)  Executive director means the executive director of the department of

public health and environment.

(8)  Extremely flammable substance is a substance which has a flash point

at or below twenty degrees Fahrenheit as determined by the Tagliabue open cup tester. This definition shall not apply to the flammability or combustibility of solids and of the contents of self-pressurized containers which shall be determined by methods generally applicable to such materials or containers and established by regulations issued by the department.

(9)  Flammable substance is a substance which has a flash point above

twenty degrees Fahrenheit to and including eighty degrees Fahrenheit as determined by the Tagliabue open cup tester. This definition shall not apply to the flammability or combustibility of solids and of the contents of self-pressurized containers which shall be determined by the methods generally applicable to such materials or containers and established by regulation issued by the department.

(10) (a)  Hazardous substance means any substance or mixture of

substances which:

(I)  Is toxic;


(II)  Is corrosive;


(III)  Is an irritant;


(IV)  Is a strong sensitizer;


(V)  Is flammable or combustible; or


(VI)  Generates pressure through decomposition, heat, or other means, if such

substance or mixture of substances may cause substantial personal injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children.

(b)  Hazardous substance also means:


(I)  Any substances which the department by regulation finds, pursuant to the

provisions of section 25-5-508, meet the requirements of paragraph (a) of this subsection (10);

(II)  Any radioactive substance, if, with respect to such substance as used in a

particular class of article or as packaged, the department determines by regulation that the substance is sufficiently hazardous to require labeling in accordance with this article in order to protect the public health;

(III)  Any toy or other article intended for use by children which the

department by regulation determines, in accordance with section 25-5-508, presents an electrical, mechanical, or thermal hazard.

(c)  The term hazardous substance shall not apply to an economic poison

subject to regulation by the federal government; to a substance regulated by the Pesticide Act; to food, drugs, and cosmetics subject to regulation by the federal government or the Colorado Food and Drug Act; or to anhydrous ammonia as an agricultural fertilizer as regulated by article 13 of title 35, C.R.S. Hazardous substance shall not include a substance intended for use as fuels when stored in containers and used in the heating, cooking, or refrigeration system of a house or any source material, special nuclear material, or byproduct material as defined in the federal Atomic Energy Act of 1954, as amended, and regulations issued pursuant thereto by the atomic energy commission.

(11) (a)  Highly toxic means any substance which falls within any of the

following categories:

(I)  Produces death within fourteen days in one-half or more than one-half of

a group of ten or more laboratory white rats each weighing between two hundred and three hundred grams, at a single dose of fifty milligrams or less per kilogram of body weight, when orally administered; or

(II)  Produces death within fourteen days in one-half or more than one-half of

a group of ten or more laboratory white rats each weighing between two hundred and three hundred grams when inhaled continuously for a period of one hour or less at an atmospheric concentration of two hundred parts per million by volume or less of gas or vapor or two milligrams per liter by volume or less of mist or dust, provided such concentration is likely to be encountered by man when the substance is used in any reasonably foreseeable manner; or

(III)  Produces death within fourteen days in one-half or more than one-half of

a group of ten or more rabbits tested in a dosage of two hundred milligrams or less per kilogram of body weight when administered by continuous contact with the bare skin for twenty-four hours or less.

(b)  If the department finds that available data on human experience with any

substance indicate results different from those obtained on animals in the above-named dosages or concentrations, the human data shall take precedence.

(12)  Irritant means any substance not corrosive within the meaning of

subsection (4) of this section which on immediate, prolonged, or repeated contact with normal living tissue will induce a local inflammatory reaction.

(13)  Label means a display of written, printed, or graphic matter upon the

immediate container (not including package liners) of any substance or, in the case of an article which is unpackaged or is not packaged in an immediate container intended or suitable for delivery to the ultimate consumer, a display of such matter directly upon the article involved or upon a tag or other suitable material affixed thereto. A requirement made by or under authority of this part 5 that any word, statement, or other information appear on the label shall not be considered to be complied with unless such word, statement, or other information also appears on the outside container or wrapper, if any there be, unless it is easily legible through the outside container or wrapper and on all accompanying literature where there are directions for use, written or otherwise.

(14)  Mechanical hazard means an article, the design or manufacture of

which, in normal use or when subjected to reasonably foreseeable damage or abuse, presents an unreasonable risk of personal injury or illness from fracture, fragmentation, or disassembly of the article; from propulsion of the article or any part or accessory thereof; from points or other protrusions, surfaces, edges, openings, or closures of the article; from moving parts of the article; from lack or insufficiency of controls to reduce or stop the motion of the article; as a result of self-adhering characteristics of the article; because the article, or any part or accessory thereof, may be aspirated or ingested; because of the instability of the article; or because of any other aspect of the article's design or manufacture.

(15)  Misbranded hazardous substance means a hazardous substance

(including a toy, or other article intended for use by children, which is a hazardous substance, or which bears or contains a hazardous substance in such manner as to be susceptible of access by a child to whom such toy or other article is entrusted) intended, or packaged in a form suitable, for use in the household or by children, which substance, except as otherwise provided by or pursuant to section 25-5-508, fails to bear a label:

(a)  Which states conspicuously:


(I)  The name and place of business of the manufacturer, packer, distributor,

or seller;

(II)  The common or usual name or the chemical name (if there be no common

or usual name) of the hazardous substance or of each component which contributes substantially to its hazard, unless the department by regulation permits or requires the use of a recognized generic name;

(III)  The signal word DANGER on substances which are extremely

flammable, corrosive, or highly toxic;

(IV)  The signal word WARNING or CAUTION on all other hazardous

substances;

(V)  An affirmative statement of the principal hazard or hazards, such as

Flammable, Combustible, Vapor Harmful, Causes Burns, Absorbed Through Skin, or similar wording descriptive of the hazard;

(VI)  Precautionary measures describing the action to be followed or avoided,

except when modified by regulation of the department pursuant to section 25-5-508;

(VII)  Instruction, when necessary or appropriate, for first-aid treatment;


(VIII)  The word poison for any hazardous substance which is highly toxic;


(IX)  Instructions for handling and storage of packages which require special

care in handling or storage; and

(X)  The statement Keep out of the reach of children or its practical

equivalent or, if the article is intended for use by children and is not a banned hazardous substance, adequate directions for the protection of children from the hazard.

(b)  On which any statement required under paragraph (a) of this subsection

(15) is located prominently and is in the English language in conspicuous and legible type in contrast by typography, layout, or color with other printed matter on the label.

(16)  Person means an individual, partnership, corporation, or association or

its legal representative or agent.

(17)  Radioactive substance means a substance which emits ionizing

radiation.

(18)  Strong sensitizer means a substance which will cause, on normal living

tissue, through an allergic or photodynamic process, a hypersensitivity which becomes evident on reapplication of the same substance and which is designated as such by the department. Before designating any substance as a strong sensitizer, the department, upon consideration of frequency of occurrence and severity of the reaction, shall find that the substance has significant potential for causing hypersensitivity.

(19)  Thermal hazard means an article, the design, or manufacture of which,

in normal use or when subjected to reasonably foreseeable damage or abuse, presents an unreasonable risk of personal injury or illness because of heat, as from heated parts, substances, or surfaces.

(20)  Toxic shall apply to any substance (other than a radioactive

substance) which has the capacity to produce personal injury or illness to man through ingestion, inhalation, or absorption through any body surface.

Source: L. 73: R&RE, p. 697, � 1. C.R.S. 1963: � 66-21-2. L. 94: (5) and (7)

amended, p. 2778, � 484, effective July 1.

Cross references: (1)  For the Pesticide Act, see article 9 of title 35; for the

Colorado Food and Drug Act, see part 4 of this article 5; for the federal Atomic Energy Act of 1954, see 42 U.S.C. � 2011 et seq.

(2)  For the legislative declaration contained in the 1994 act amending

subsections (5) and (7), see section 1 of chapter 345, Session Laws of Colorado 1994.

C.R.S. § 25-6-407

25-6-407. Enforcement. The venue to enforce an action pursuant to the provisions of this part 4 is in the Denver district court.

Source: L. 2023: Entire section added, (SB 23-188), ch. 68, p. 251, � 24,

effective April 14.

Cross references: For the legislative declaration in SB 23-188, see section 1

of chapter 68, Session Laws of Colorado 2023.

ENVIRONMENTAL CONTROL

ARTICLE 6.5

Environmental Control

Law reviews: For article, Using Local Police Powers to Protect the

Environment, see 24 Colo. Law. 1063 (1995).

PART 1

PROVISIONS FOR RULES AND REGULATIONS CONCERNING ENVIRONMENTAL CONTROL

25-6.5-101.  Legislative declaration. (1)  The general assembly hereby finds

and determines that the protection of the natural environment of this state is important to the public health and welfare of the citizens of Colorado.

(2)  The general assembly further finds and determines that the

environmental laws of this state relating to air quality control in article 7 of this title, water quality control in article 8 of this title, hazardous waste in article 15 of this title, and solid waste in article 20 of title 30, C.R.S., may be highly technical, complex, and subject to varying interpretation.

(3)  The general assembly, therefore, declares that the provisions of this

article are enacted to enhance public notice and awareness of rules, regulations, and interpretations of the environmental laws of this state and to ensure public confidence in the fairness of the enforcement of any agency requirements.

Source: L. 94: Entire article added, p. 1363, � 1, effective July 1.


25-6.5-102.  Requirements for environmental rules - publication. (1)  All

agency policies and guidance, including any amendments or revisions thereto, relating to the implementation, administration, and enforcement of article 7, 8, 11, or 15 of this title, article 20.5 of title 8, C.R.S., or article 20 of title 30, C.R.S., except for policies relating to personnel or other internal administrative matters not directly related to enforceable requirements under such articles, shall be reduced to writing and published. Three copies shall be filed with the state librarian for the state publications depository and distribution center. Copies of each such policy or guidance issued under article 7, 8, 11, or 15 of this title, article 20.5 of title 8, C.R.S., or article 20 of title 30, C.R.S., shall be made available to the public upon request. Interpretive rules issued under article 15 of this title shall also be made available to the public upon request. Each affected agency shall maintain and make available to the public a current index of all such policies, guidance, and interpretive rules in effect. Copies of any policy, guidance, interpretive rule, or index shall be provided to the public at cost.

(2)  No policy or guidance referred to in subsection (1) of this section shall

have the force and effect of a rule unless it has been promulgated by the relevant commission pursuant to the provisions of the State Administrative Procedure Act, article 4 of title 24, C.R.S., and applicable provisions of article 7, 8, 11, or 15 of this title, article 20.5 of title 8, C.R.S., or article 20 of title 30, C.R.S., pertaining to rule-making procedures or authorizing the promulgation of rules, and made available to the public in accordance with section 24-4-103, C.R.S.

(3) (a)  Any policy or guidance, including any amendments or revisions

thereto, may be brought to the attention of the relevant division director and thereafter may be brought to the relevant commission for review. The review shall determine whether such policy or guidance is within the statutory authority of the relevant agency, is consistent with applicable statutes and any applicable regulations, including the provisions of subsection (1) of this section, and is appropriate for the relevant commission to undertake rule-making with respect to the subject matter of the policy or guidance and shall consider other questions within the scope of the relevant commission's authority related to such policy or guidance.

(b)  Following such review, the commission shall take action or, if appropriate,

refer the matter to the relevant division director to take action within a specified period of time in accordance with its determination.

(4)  Any obligation to submit payment of any monetary penalty arising from

an enforcement action that concerns a matter under review by the relevant commission shall be stayed until the relevant commission completes its review.

(5)  The commission review regarding the policy or guidance shall not

constitute an adjudication of any facts of a specific enforcement action.

(6)  Failure to request a review under this section shall not be considered in

any permit appeal or enforcement action.

(7)  As used in this section:


(a)  Relevant commission means the commission or agency responsible for

the promulgation of rules for the environmental program under which the guidance or policy is issued.

(b)  Relevant division director means the director of the division within the

department of public health and environment, responsible for the subject matter of the guidance or policy at issue.

Source: L. 94: Entire article added, p. 1364, � 1, effective July 1. L. 96: (1) and

(2) amended, p. 1471, � 20, effective June 1.

PART 2

POLLUTION CONTROL EQUIPMENT CERTIFICATION

25-6.5-201.  Definitions. As used in this part 2, unless the context otherwise

requires:

(1)  Division means the division of administration of the department of public

health and environment.

(2) (a)  Pollution control equipment means any personal property, including

equipment, machinery, devices, systems, buildings, or structures, that is installed, constructed, or used in or as a part of a facility that creates a product in a manner that generates less pollution by the utilization of an alternative manufacturing or generating technology.

(b)  Pollution control equipment includes:


(I)  Gas or wind turbines and associated compressors or equipment;


(II)  Solar, thermal, or photovoltaic equipment;


(III)  Equipment used as part of a system that uses geothermal energy for

water heating or space heating or cooling in a single building, for space heating for more than one building through a pipeline network, or for electricity generation; or

(IV)  Wastewater thermal energy equipment.


(3)  Wastewater thermal energy equipment means equipment used as part

of a system that uses thermal energy in wastewater, to heat or cool a space, or for any other useful thermal purpose that reduces greenhouse gas emissions from the combustion of gas in customer end uses.

Source: L. 2000: Entire part added, p. 1466, � 2, effective August 2. L. 2022:

(2) amended, (SB 22-118), ch. 335, p. 2370, � 3, effective August 10. L. 2023: (2) amended and (3) added, (SB 23-016), ch. 165, p. 733, � 4 effective August 7.

25-6.5-202.  Certification of pollution control equipment. (1)  Within twelve

months after the date of acquisition of an ownership or lease interest, a person owning or leasing property may file a request for certification of such property as pollution control equipment with the division on forms prescribed by the division.

(2)  At any time after the filing of a request for certification pursuant to

subsection (1) of this section and prior to a determination, the division may schedule a conference with the applicant to obtain further information relevant to the determination of eligibility for certification as pollution control equipment.

(3)  Within six months after the filing of a request pursuant to subsection (1)

of this section, the division shall determine the eligibility of such property as pollution control equipment and shall certify its determination to the applicant and the executive director of the department of revenue. The division may certify as pollution control equipment all of the property for which a request has been filed pursuant to subsection (1) of this section, specified portions of the property, or none of the property. In making its determination, the division shall consider any available and pertinent information.

(4)  If the division denies a request for certification in whole or in part, the

applicant may file with the division a written objection to the determination within thirty days after receipt of written notice of the determination. If a written objection is filed, the division shall grant the applicant a hearing in accordance with section 24-4-105, C.R.S., within thirty days after receipt of the written objection and shall make a final determination based on the hearing.

(5)  If the final determination of the division denies the request for

certification in whole or in part, the final determination shall be subject to judicial review in accordance with the provisions of section 24-4-106, C.R.S.

(6)  The division may assess against an applicant a fee sufficient to cover the

actual and direct cost incurred by the division in making a determination pursuant to this section, including, but not limited to, the actual and direct cost of any hearing or appeal related to the denial of certification if the denial is upheld. Any fee assessed by the division pursuant to this subsection (6) shall be credited to the pollution control equipment certification fund created in section 25-6.5-203.

Source: L. 2000: Entire part added, p. 1467, � 2, effective August 2.


25-6.5-203.  Pollution control equipment certification fund - creation -

purpose. (1) There is hereby established in the state treasury the pollution control equipment certification fund, which shall consist of all moneys collected by the division pursuant to section 25-6.5-202. All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. Any unexpended or unencumbered moneys in the fund at the end of any fiscal year shall remain in the fund and shall not be transferred to the general fund.

(2)  The moneys in the pollution control equipment certification fund shall be

subject to annual appropriation by the general assembly to the department of public health and environment to defray the costs incurred by the division in performing its obligations pursuant to section 25-6.5-202.

Source: L. 2000: Entire part added, p. 1467, � 2, effective August 2.

ARTICLE 6.6

Environmental Management System

Permit Program

25-6.6-101 to 25-6.6-106.  (Repealed)


Editor's note: (1)  This article was added in 2004. For amendments to this

article prior to its repeal in 2018, consult the 2017 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.

(2)  For the amendments to � 25-6.6-106 in HB 18-1239 in effect from April 12,

2018, to July 1, 2018, see chapter 114, Session Laws of Colorado 2018. (L. 2018, p. 810.)

(3)  Section 25-6.6-106 provided for the repeal of this article, effective July 1,

1. (See L. 2004, p. 479.)

ARTICLE 6.7

Environmental Leadership Act

25-6.7-101  to 25-6.7-110. (Repealed)


Editor's note: (1)  This article was added in 1998. For amendments to this

article prior to its repeal in 2003, consult the 2003 Colorado Revised Statutes and the Colorado statutory research explanatory note beginning on page vii in the front of this volume.

(2)  Section 25-6.7-110 (2) provided for the repeal of this article, effective

December 31, 2003. (See L. 98, p. 877.)

ARTICLE 7

Air Quality Control

Editor's note: This article was numbered as article 31 of chapter 66, C.R.S.

1. The substantive provisions of this article were repealed and reenacted in 1979, 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.

PART 1

AIR QUALITY CONTROL PROGRAM

Cross references: For the automobile inspection and readjustment program,

see part 3 of article 4 of title 42.

Law reviews: For article, A Practitioners Guide to the Colorado Air Quality

Control Commission, see 16 Colo. Law. 1405 (1987); for article, Colorado's New Clean Air Program, see 22 Colo. Law. 541 (1993); for article, Colorado's Clean Air Act Amendments Regulations, see 23 Colo. Law. 861 (1994).

C.R.S. § 25-7-103

25-7-103. Definitions. As used in this article 7, unless the context otherwise requires:

(1)  Administrator means the administrator of the federal environmental

protection agency.

(1.3)  Adverse environmental effect, as a term used in the context of

regulating hazardous air pollutants, means any significant and widespread adverse effect, which may reasonably be anticipated, to wildlife, aquatic life, or other natural resources, including adverse impacts on populations of endangered or threatened species or significant degradation of environmental quality over broad areas.

(1.5)  Air pollutant means any fume, smoke, particulate matter, vapor, or gas

or any combination thereof which is emitted into or otherwise enters the atmosphere, including, but not limited to, any physical, chemical, biological, radioactive (including source material, special nuclear material, and byproduct material) substance or matter, but air pollutant does not include water vapor or steam condensate or any other emission exempted by the commission consistent with the federal act. Such term includes any precursors to the formation of any air pollutant, to the extent the administrator of the United States environmental protection agency or the commission has identified such precursor or precursors for the particular purpose for which the term air pollutant is used.

(2)  Air pollution control authority means the division, or any person or

agency given authority by the division, or a local governmental unit duly authorized with respect to air pollution control.

(3)  Air pollution source means any source whatsoever at, from, or by

reason of which there is emitted or discharged into the atmosphere any air pollutant.

(4)  Allowable emissions means the emission rate calculated for a

stationary source using the maximum rated capacity of the source (unless the source is subject to enforceable permit conditions which limit the operating rate or hours of operation, or both) and the most stringent of the following:

(a)  The applicable standards promulgated pursuant to the federal act for

new source performance or hazardous air pollutants;

(b)  The applicable Colorado emission control regulation; or


(c)  The emission rate specified as a permit condition.


(5)  Ambient air means that portion of the atmosphere, external to the

sources, to which the general public has access.

(5.5)  Appliance means any device which contains and uses as a refrigerant

a class I or class II ozone depleting compound as defined by the administrator and which is used for household or commercial purposes, including any air conditioner, refrigerator, chiller, or freezer.

(5.7)  Approved motor vehicle refrigerant recycling equipment means any

equipment models certified by the administrator, or any independent standards testing organization approved by such administrator, to meet the standards established by the administrator which are applicable to equipment for the extraction of refrigerants from motor vehicle air conditioners. Equipment for such purpose purchased prior to the promulgation of regulations pursuant to section 25-7-105 (11)(c) shall be considered certified if it is substantially identical to equipment which is certified by the administrator.

(6)  Repealed.


(6.5)  CFC means any of the chlorofluorocarbon chemicals CFC-11, CFC-12,

CFC-112, CFC-113, CFC-114, CFC-115, or CFC-502.

(6.7)  Colorado generally available control technology or Colorado GACT

means standards imposed pursuant to section 25-7-109.3 (3) utilizing principles of sound engineering judgment in applying the criteria set forth in section 112 (d) of the federal act respecting the creation of standards or requirements utilizing generally available control technologies or management practices by area sources for the reduction of emissions of hazardous air pollutants considering a cost-benefit analysis, economics, the cost and availability of control technology, and the location, nature, and size of the source involved, and the actual or potential impacts on the public health, welfare, and the environment.

(6.8)  Colorado maximum achievable control technology or Colorado

MACT means standards imposed pursuant to section 25-7-109.3 (3) utilizing principles of sound engineering judgment in applying the criteria set forth in section 112 (d) of the federal act respecting the creation of standards or requirements which provide for the maximum degree of emissions reduction that has been demonstrated to be achievable for the control of hazardous air pollutants, considering a cost-benefit analysis, economics, the cost and availability of control technology, and the location, nature, and size of the source involved, and the actual or potential impacts on the public health, welfare, and the environment.

(7)  Commission means the air quality control commission created by

section 25-7-104.

(8)  Construction means fabrication, erection, installation, or modification of

an air pollution source.

(8.5)  Disproportionately impacted community has the meaning set forth in

section 24-4-109 (2)(b)(II).

(9)  Division means the division of administration of the department of

public health and environment.

(9.5)  Effects on public welfare means all language referring to effects on

public welfare, which includes, but is not limited to, effects on soils, water, crops, vegetation, manmade materials, animals, wildlife, weather, visibility, climate, damage to and deterioration of property, and hazards to transportation, as well as effects on economic values and on personal comfort and well-being, whether caused by transformation, conversion, or combination with other air pollutants.

(9.7)  Emergency event means a situation arising from a sudden and

reasonably unforeseen natural disaster or other unforeseen event, including the loss of utility service, that requires the use of emergency stationary engines to alleviate a threat to health, safety, and welfare pursuant to 40 CFR 60 or 63, as in effect on January 1, 2022. A threat to health, safety, and welfare includes national security threats.

(9.8)  Emergency stationary engine means an engine that is not mobile and

that is used to provide electric power to or mechanical work for critical infrastructure during an emergency event.

(10)  Emission means the discharge or release into the atmosphere of one or

more air pollutants.

(11)  Emission control regulation means and includes any standard

promulgated by regulation that is applicable to all air pollution sources within a specified area and that prohibits or establishes permissible limits for specific types of emissions in such area; any regulation that by its terms is applicable to a specified type of facility, process, or activity for the purpose of controlling the extent, degree, or nature of pollution emitted from such type of facility, process, or activity; any regulation adopted for the purpose of preventing or minimizing emission of any air pollutant in potentially dangerous quantities; and any regulation that adopts any design, equipment, work practice, or operational standard. Emission control regulations shall not include standards that describe maximum ambient air concentrations of specifically identified pollutants or that describe varying degrees of pollution of ambient air. Emission control regulations pertaining to hazardous air pollutants, as defined in subsection (13) of this section, and toxic air contaminants designated pursuant to section 25-7-109.5, shall be consistent with the emission standards promulgated under section 112 of the federal act or section 25-7-109.3 or 25-7-109.5 in reducing or preventing emissions and may include application of measures, processes, methods, systems, or techniques, including, but not limited to, measures that:

(a)  Reduce the volume of, or eliminate emissions of, such pollutants through

process changes, emissions limitations, control technologies, substitution of materials, or other modifications;

(b)  Enclose systems or processes to eliminate emissions;


(c)  Collect, capture, or treat such pollutants when released from a process,

stack, storage, or fugitive emissions point;

(d)  Are design, equipment, or work practice standards (including

requirements for operator training or certification); or

(e)  Are a combination of the provisions of paragraphs (a) to (d) of this

subsection (11).

(11.5)  Emission data means, with reference to any source of emission of any

substance into the air:

(a)  Information necessary to determine the identity, amount, frequency,

concentration, or other characteristics (to the extent related to air quality) of any emission which has been, or will be, emitted by the source (or of any pollutant resulting from any emission by the source), or any combination thereof;

(b)  Information necessary to determine the identity, amount, frequency,

concentration, or other characteristics (to the extent related to air quality) of the emission which, under an applicable standard or limitation, the source was authorized to emit (including, to the extent necessary for such purposes, a description of the manner or rate of operation of the source), or any combination thereof;

(c)  A general description of the location or nature, or both, of the source to

the extent necessary to identify the source and to distinguish it from other sources (including, to the extent necessary for such purposes, a description of the device, installation, or operation constituting the source).

(12)  Federal act means the federal Clean Air Act, 42 U.S.C. sec. 7401 et

seq., as amended.

(12.1)  Generally available control technology or GACT means standards

promulgated pursuant to section 112 of the federal act which provide for the use of generally available control technologies or management practices for the control of hazardous air pollutants for area sources, as defined in section 112 of the federal act, including equivalent emission limitations by permit pursuant to section 112 (j) of the federal act.

(13)  Hazardous air pollutant means an air pollutant which presents through

inhalation or other routes of exposure, a threat of adverse human health effects (including, but not limited to, substances which are known to be, or may reasonably be anticipated to be carcinogenic, mutagenic, teratogenic, neurotoxic, which cause reproductive dysfunction, or which are acutely or chronically toxic) or adverse environmental effects whether through ambient concentrations, bioaccumulation, deposition, or otherwise and which has been listed pursuant to section 112 of the federal act or section 25-7-109.3.

(14)  Indirect air pollution source means any facility, building, structure, or

installation, or any combination thereof, excluding dwellings, which can reasonably be expected to cause or induce substantial mobile source activity which results in emissions of air pollutants which might reasonably be expected to interfere with the attainment and maintenance of national ambient air standards.

(15)  Issue or issuance means the mailing, including by electronic mail, of

any order, permit, determination, or notice, other than notice by publication, or personal service on the person. The date of issuance of the order, permit, determination, or notice must be the date of the mailing or service or such later date as is stated in the order, permit, determination, or notice.

(16)  Local air pollution law means any law, ordinance, resolution, code, rule,

or regulation adopted by the governing body of any city, town, county, or city and county, pertaining to the prevention, control, and abatement of air pollution.

(16.5)  Maximum achievable control technology or MACT means emission

standards promulgated under section 112 of the federal act requiring the maximum degree of emissions reduction that has been demonstrated to be achievable for the control of hazardous air pollutants, including equivalent emission limitations by permit pursuant to section 112 (j) of the federal act.

(17)  Malfunction means any sudden and unavoidable failure of air pollution

control equipment or process equipment or unintended failure of a process to operate in a normal or usual manner. Failures that are primarily caused by poor maintenance, careless operation, or any other preventable upset condition or preventable equipment breakdown shall not be considered malfunctions.

(18)  Motor vehicle means any self-propelled vehicle which is designed

primarily for travel on the public highways and which is generally and commonly used to transport persons and property over the public highways.

(18.3)  Motor vehicle air conditioner means any air conditioner designed for

installation in a motor vehicle which uses as a refrigerant any class I or class II ozone depleting compound as defined by the administrator.

(18.4)  Owner or operator means any person who owns, leases, operates,

controls, or supervises a stationary source.

(18.5)  Ozone depleting compound means any substance on the list of class

I and class II ozone depleting compounds as defined by the administrator and as referenced in section 602 of the federal Clean Air Act Amendments of 1990.

(19)  Person means any individual, public or private corporation, partnership,

association, firm, trust, estate, the United States or the state or any department, institution, or agency thereof, any municipal corporation, county, city and county, or other political subdivision of the state, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.

(19.5)  Refrigeration system includes refrigerators, freezers, cold storage

warehouse refrigeration systems, and air conditioners, any of which hold more than one hundred pounds of refrigerant or more than one hundred pounds total if more than one refrigeration unit or system exists at the same location.

(20)  Shutdown means the cessation of operation of any air pollution source

for any purpose.

(21)  Start-up means the setting in operation of any air pollution source for

any purpose.

(22)  State implementation plan or SIP means a plan required by and

described in section 110 (a) or 169A of the federal act.

(22.5)  Statewide greenhouse gas pollution means the total net statewide

anthropogenic emissions of carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, nitrogen trifluoride, and sulfur hexafluoride, expressed as carbon dioxide equivalent calculated using a methodology and data on radiative forcing and atmospheric persistence deemed appropriate by the commission.

(23)  Stationary source means any building, structure, facility, or

installation which emits or may emit any air pollutant.

Source: L. 79: Entire article R&RE, p. 1018, � 1, effective June 20. L. 84: (6)

repealed, p. 768, � 1, effective July 1. L. 89: (6.5) and (19.5) added, p. 1156, � 2, effective January 1, 1990. L. 92: (1), (11), (12), (13), and (19) amended and (1.3), (1.5), (6.7), (6.8), (9.5), (11.5), (12.1), (16.5), and (18.4) added, p. 1166, � 5, effective July 1; (1) amended and (1.5), (5.5), (5.7), (18.3), and (18.5) added, p. 1291, � 1, effective July 1. L. 94: (9) amended, p. 2780, � 494, effective July 1. L. 2006: IP added, p. 1504, � 46, effective June 1. L. 2016: (18.5) amended, (SB 16-189), ch. 210, p. 770, � 62, effective June 6. L. 2019: IP amended and (22.5) added, (HB 19-1261), ch. 355, p. 3264, � 2, effective May 30. L. 2021: (8.5) added, (HB 21-1266), ch. 411, p. 2730, � 5, effective July 2. L. 2022: (9.7) and (9.8) added, (HB 22-1372), ch. 316, p. 2251, � 1, effective June 2; IP(11) and (11)(a) amended, (HB 22-1244), ch. 332, p. 2331, � 2, effective June 2; (12), (15), and (22) amended, (SB 22-193), ch. 300, p. 2156, � 4, effective June 2.

Editor's note: (1)  Amendments to subsection (1.5) by Senate Bill 92-105 and

House Bill 92-1178 were harmonized.

(2)  Subsection (18.4) was enacted as subsection (18.3) by Senate Bill 92-105,

Session Laws of Colorado 1992, chapter 179, section 5, but has been renumbered on revision for ease of location.

Cross references: (1)  For the legislative declaration contained in the 1994

act amending subsection (9), see section 1 of chapter 345, Session Laws of Colorado 1994.

(2)  For section 602 of the federal Clean Air Act Amendments of 1990, see

42 U.S.C. � 7671a.

(3)  For the short title (Environmental Justice Act) and the legislative

declaration in HB 21-1266, see sections 1 and 2 of chapter 411, Session Laws of Colorado 2021.

(4)  For the legislative declaration in HB 22-1244, see section 1 of chapter

332, Session Laws of Colorado 2022.

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.)